Terms and Conditions of Sale

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** THESE TERMS AND CONDITIONS OF SALE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. **

** ONLY THE FRENCH VERSION THEREOF SHALL PREVAIL AND BE LEGALLY BINDING. **

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THE PARTIES

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These General Terms and Conditions of Sale are entered into between:

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The Provider: The Sole Proprietorship Barmo & Co., known by the trade name "Mademoiselle L.", registered under the micro-enterprise regime with SIRET number 910 292 093 000 10 RCS Nimes, with its registered office at 38 boulevard Gambetta, 30000 Nimes,

represented by its President Nicolas BESNARD.

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And, The Client: Any individual, private or professional client from the private and/or public sector.

 

ARTICLE 1: PURPOSE AND SCOPE

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These general terms and conditions of sale (GTC) form the basis of commercial negotiation and are made available on the Provider's website. The following general terms and conditions of sale detail the rights and obligations of the Provider and its Client in the context of the sale of services and goods provided by the Provider.

The products and services offered by the Provider include (non-exhaustive list):

• Rental of caravan-bars, beer trikes, decoration equipment, etc...

• Transport and setup of rented items by the Provider.

• Bartending service for private or professional events.

• Supply of specific products for services (glassware, ice, straws...)

• Takeaway sale of alcoholic beverages and drinks necessary for services.

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The service is exclusively reserved for persons legally capable of entering into contracts under French law.

Any acceptance of the estimate or offer implies the Client's unconditional adherence to these general terms and conditions of sale.

These general terms and conditions of sale may be subject to modifications.

In this case, the applicable conditions are those in force on the date of the Client's order.

These GTC replace and cancel all prior statements, negotiations, commitments of any kind, communications, oral or written, acceptances, and previous agreements between the Provider and the Client.

In accordance with applicable regulations, the Provider reserves the right to deviate from certain clauses of these GTC, depending on negotiations with the Client. In the event of specific contractual provisions different from these GTC, the specific conditions shall apply.

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ARTICLE 2: ORDER

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2.1 – Estimate

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The estimate attached to these GTC constitutes a contract proposal.

This contract proposal is valid for one (1) month from its date of sending or presentation to the Client.

After this period, the prices listed therein may be subject to change, and a new estimate may be drawn up by the Provider.

The estimate must be returned to the Provider signed, with the mention "Approved" as well as a copy of these GTC duly dated, signed, and stamped with the mention "Read and approved".

The acknowledgment of the order and its acceptance are confirmed by sending an email.

No service will begin until the estimate is returned to the Provider accompanied by the payment of the deposit.

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2.2 – Modification of the order / request for additions

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Once the orders are confirmed by the Client and accepted by the Provider, any request to modify the service ordered by the Client must be submitted for acceptance by the Provider. They must be requested in writing at least one (1) month before the scheduled date of the event.

This request for modification or addition to the initial order will only be taken into account after the Provider has drawn up an amendment materialized by a rectified estimate which cancels and replaces the initial estimate, or by a complementary estimate, duly returned, dated, and signed by the Client.

In the event of non-compliance with the aforementioned conditions, the Client may be refused the requested modification.

The Client shall remain the beneficiary and debtor of the initially ordered service.

No fault of the Provider may be retained, and any termination of the contract initiated by the Client shall be deemed wrongful.

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ARTICLE 3 – PAYMENT

 

3.1 – Price

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The prices of goods and services sold are those in force on the day the order is placed.

They are quoted in euros and calculated excluding taxes (excluding VAT). As the company Barmo And Co is registered as a sole proprietorship, VAT is not applicable (article 293B of the general tax code).

The Provider reserves the right to modify its rates at any time. However, it undertakes to invoice the goods and services ordered at the prices indicated at the time of order registration. The prices are guaranteed during the validity period of the estimate.

Any order constitutes acceptance of the prices and descriptions of the products and services available for rental and sale.

The Client declares to have read and irrevocably accepted these GTC before placing an order.

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3.2 – Discounts and rebates

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The proposed rates include any discounts and rebates that the Provider may grant based on its results or the assumption by the buyer of certain services. No discount or rebate shall constitute a right for the buyer despite any discounts previously granted. They must be expressly stipulated.

 

3.3 – Discount

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No discount will be granted for early payment.

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3.4 – Payment terms

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Payment for orders is made in euros:

• by credit card;

• by bank transfer;

• in cash (up to 1000 euros in accordance with article D112-3 of the Monetary and Financial Code) only by hand delivery.

No cash sent by post will be accepted.

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Payments will be made under the following conditions:

• A first payment of fifty percent (50%) of the total amount due upon ordering, upon signature of the estimate for reservation of the service (guaranteeing availability and blocking the date);

• The balance payment (50%) must be made 7 days before the execution of the service(s).

Payment is effective on the date the funds are made available in the Provider's account.

The payment of the deposit conditions the effective implementation of the Services agreed upon in the accepted estimate.

In the event of non-payment of the full initial deposit upon order placement, and/or of the additional deposit requested in case of additions to the initial order, the Provider assumes no obligation to perform.

An invoice will be issued after the service and will be sent electronically to the email address provided by the Client.

In the event of cancellation by the Client, the provisions of clause 5.5 apply.

In the event of disagreement on part of the invoices, the Client undertakes to promptly pay the uncontested portions and to indicate within 5 working days and by registered letter with acknowledgment of receipt to the company the reason for the dispute. In the absence of a claim or in the event of abusive claims, the Client shall be subject to late payment penalties on the amounts still due in accordance with clause 3.6 herein.

 

3.5 – Deposit

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Payment:

• A deposit will be required 48 hours before the start of the rental and will be returned within 48 hours after the end of the rental, after inspection of the equipment.

Amount:

• €2,000 (two thousand euros) for a rental with service.

• €3,000 (three thousand euros) for a dry rental (due to the absence of the service provider during the entire rental period).

Payment methods:

• Wire transfer, credit card or cash.

Use of the deposit:

• Breakage or damage to the equipment by third parties (anyone other than the Service Provider) (upon presentation of photos): for repairs or replacement of the equipment.

• Immobilisation and loss of activity costs if the caravan is immobilised due to damage.

• Loss or breakage of glasses: each broken or lost glass will be charged €2.50/piece.

Civil Liability Insurance:

• The Client must provide the Service Provider with a copy of their Civil Liability (RC) insurance.

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3.6 – Late Payment

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The service may only be provided if the Client is up to date with their obligations to the Provider.

Payment of the deposit must be made within the deadlines set out in the estimate. A tolerance of 7 days may be accepted at the

 discretion of the Provider. In the event of non-payment within the set and/or tolerated deadlines, the order may be cancelled.

Non-compliance with payment conditions upon maturity shall automatically and without notice result in the application of compensation calculated on the basis of three times the legal interest rate in force, as well as a lump sum indemnity for collection costs per invoice in arrears in accordance with articles L 441-10 and D 441-5 of the Commercial Code. These interests shall run from the day following the payment due date until the day of full payment, without prejudice to damages to which the Provider may claim.

Penalties are due without the need for a reminder, and sending a registered letter is not required.

In the event of bank charges incurred due to default in payment, these shall be borne by the Client.

This clause applies to both rejection fees for lack of provision and any other reason referred to in article L 131-35 of the Monetary and Financial Code. In this case, the Provider reserves the right to take legal action necessary. All costs incurred shall be borne by the Client.

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ARTICLE 4: RESOLUTORY CLAUSE - TERMINATION

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If within fifteen days following the implementation of the "Late Payment" clause, the buyer has not paid the remaining sums due, the sale shall be automatically terminated and may entitle the Provider to damages.

The Provider reserves the right to take any legal action necessary for the recovery of the amount due.

All expenses incurred shall be borne by the Client. The deposit paid upon order remains the property of the service provider as compensation in the event of force majeure and in cases where the breach of contractual commitments is attributable to the Client.

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ARTICLE 5: NON-PERFORMANCE OF THE CONTRACT

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It is agreed that in case of withdrawal, the Client must notify the Service Provider by any means possible (phone, email, mail) and ensure through a written confirmation from the Service Provider of its good reception.

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5.1 – Exoneration of Liability and Force Majeure

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Neither of the parties is responsible for its delay or failure in the execution of its obligations if they are due to a case of force majeure.

The present Contract will be suspended and therefore suspend the Parties in their obligations, in all cases recognized as force majeure by law and jurisprudence and without compensation of any kind. If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies the resolution of the Contract. If the impediment is definitive, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.

In addition to force majeure, the liability of the Service Provider cannot be incurred in case of non-performance or improper performance of its obligations which is due either to the Client's fault, or to the insurmountable and unforeseeable fact of a third party to the Contract.

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5.2 – Unforeseeability Clause

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The Parties intend within the framework of the provisions of Article 1195 of the Civil Code relating to unforeseeability to define as follows and exhaustively the cases of unforeseeability: Major climatic events; Political, economic, or health events of national or international scope likely to lead to a significant economic revision of the Contract.

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5.3 – Service Provider's Liability

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The liability of each Party is limited to the commitments undertaken by them under the terms of the Contract.

The liability of the Service Provider can only be incurred in case of proven fault or negligence and therefore cannot be incurred, among other things, in case of delay or suspension of the provision of the service attributable to the Client.

Any delay in delivery or installation on site by the Service Provider cannot give rise to any penalty or compensation, nor justify the cancellation of the order. The liability of the Service Provider cannot be incurred in the event of direct or indirect damage related to the intervention outside the Contract of one or more Service Providers of the Client. The liability of the Service Provider is potentially incurred in the event of material damage caused to the co-contractor due to faults attributable to it in the execution of its service. In no event shall the Service Provider be liable for damages caused to the Client as a result of the use of the service or the goods subject to the service that has proven to be non-compliant with the Service Provider's prescriptions and the rules of the art. Furthermore, the exclusion of any warranty is expressly provided for:

- the damaging consequences of the improper arrangement of objects and places on or in which the service must be performed;
- the damaging consequences of the Client's failure to communicate to the Service Provider any special or exceptional instructions or information to be taken into account for the proper performance of the Services;
- the disappearance or diversion of important documents, valuable objects (venal or sentimental), cash sums or credit or payment instruments. It is the Client's sole responsibility to place the goods concerned, his own and those of the participants, in a secure place;
- the blows or injuries, direct or indirect damages, that the Client or the participants could cause to themselves or to others, notably on the occasion of fights and accidents whether or not related to a pronounced alcoholic state or the use of drugs;
- the damage caused by the Client or the participants to the materials, equipment, and/or premises of one or more other Service Providers involved in the event. The repairs and reimbursements that may be necessary following the aforementioned damage will be borne exclusively by the Client who undertakes to bear the costs of restoration. In the event that these instructions are not followed, the Service Provider declines any liability in case of damage or accident.

In any event, the compensation for any damage suffered by the Client as a result of the Service Provider's actions will be made within the limit of the amount provided for in the contract for the performance of the Services.

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5.4 – Client's Liability

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For the smooth running of the service, the Service Provider makes available to the Client its mobile bar and/or its caravan bar, its equipment, its glassware, and its furniture, which remains its full property. From the delivery, the Client becomes the depository and guardian of the goods and equipment delivered. The Client shall indemnify the Service Provider for any damage or total or partial loss, costs, and expenses incurred by the Service Provider and caused by the Client, one of its guests, agents, or employees resulting from the organization of the event. Any broken, lost, or damaged equipment (especially glassware) may be billed to the Client according to the current loss/damage rates. The Client remains responsible for goods of any nature (personal effects, materials) brought to the location of the Service or belonging to the participants, regardless of where the goods are stored. In this respect, the Service Provider declines any liability for damages of any kind (theft, damage...).

 

The Client declares to be the exclusive organizer of the event and certifies that it takes place in a strictly private setting.

The Client thereby engages its complete responsibility and releases the Service Provider from any liability for any accident, incident of any kind whatsoever, resulting from the consumption of alcohol for the entire duration of the event as well as for the return journey of all persons present at the event. The consumption of alcohol by the guests is entirely the responsibility of the Client, therefore the Service Provider cannot be held responsible. However, the Service Provider will respect the provisions of the Public Health Code and notably refuse to serve alcohol to minors under 18 years of age as well as to any person in an apparent state of drunkenness or manifestly aggressive. If the Service Provider considers that the state of drunkenness and/or aggressiveness of the Client or one of its guests is detrimental to the smooth running of its service or presents a risk to its safety or that of its subcontractors, the Service Provider reserves the right to terminate its service if no action is taken by the Client. The latter will remain liable for the entire amount indicated on the validated estimate.

 

5.5 – Cancellation of the Service

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Unless otherwise agreed, if the Client cancels the reservation or terminates the present Contract before the operation, the Service Provider will retain the deposits paid regardless of the reason for this cancellation. In addition, the Client remains liable for the full price of the Contract for the right of withdrawal in case of withdrawal or cancellation by the Client less than three (3) calendar months before the date of the Service.

In the event that, for a justified reason and independent of its will, other than a case of force majeure, the Service Provider finds itself unable to perform all or part of a scheduled service, its liability shall be strictly limited to the reimbursement of the deposit paid by the Client.

No other sum may be imputed to the Service Provider as compensation, whether for moral prejudice, to cover any expenses incurred by the Client, or for an expected financial loss related to the partial or total non-performance of the service.

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ARTICLE 6: EPIDEMIC

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The Parties understand that any governmental, local restriction or any decision of a competent authority generally aimed at canceling the event will result in a refund of half of the deposit paid, less any sums already incurred by the Service Provider for the holding of the Service.

To the extent that the event is maintained in a configuration different from that provided for in the estimate (for example, a reduction in the number of guests), the Service Provider reserves the right to cancel the service for economic reasons, with a refund of the deposit, less any sums already incurred by the Service Provider for the holding of the Service.

 

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ARTICLE 7: DISTRIBUTION

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The Service Provider may reproduce or distribute all or part of the event data on social networks or on advertising media.

Event data includes photographs or videos related to the event and/or taken during the event, which may have been temporarily or definitively assigned to it by the Client. Hereby, the Client acknowledges assigning the rights relating to event data within the meaning of Article 9 of the Civil Code and the associated jurisprudence, notably the right to image. As such, it expressly authorizes their publication on the internet or on advertising media. To do so, the Client declares to have obtained express authorizations from third parties appearing in the event data, notably those of parents or guardians for minors, and thereby releases the Service Provider from any claims from third parties against it seeking to prohibit the publication of event data or to claim damages. The Client declares to be informed of the provisions of paragraphs 1 and 2 of this article and to have the possibility to refuse any publication and assignment of rights of event data by mentioning "Read and approved, refusal of publication and assignment of rights" on the copy of these general terms and conditions appearing on the estimate.

 

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ARTICLE 8: PROPERTY RIGHT

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The Service Provider retains ownership of the goods sold until full payment of the price, in principal and accessories. In this respect, if the buyer is subject to receivership or judicial liquidation, the Service Provider reserves the right to claim, within the framework of the collective proceedings, the goods and services sold that remain unpaid. The Service Provider retains ownership of all intellectual property rights to studies, drawings, models, and all its creations made (even at the request of the Client) for the provision of services to the Client.

The Client therefore refrains from any reproduction or exploitation of said studies, drawings, models that may have been communicated to it.

 

 

ARTICLE 9: SUBCONTRACTING

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The Service Provider may entrust to a third party the execution of all or part of the material or intellectual services without this being able to justify a breach of contract by the Client. Otherwise, the breach will be wrongful. However, the Service Provider undertakes to inform the Client before the execution of the service.

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ARTICLE 10: PERFORMANCE OF THE SERVICE

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10.1 – Place and Date of the Event

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The bars, goods, and related services will be delivered and provided at the places and dates previously indicated by the Client.

In the event of a specific request from the Client regarding the conditions of provision of the Services duly accepted in writing by the Service Provider, the associated costs will be subject to a specific additional invoice, based on a prior estimate accepted by the Client.

If the date of the event were to be modified by the Client, the Service Provider cannot be held responsible for the costs incurred.

The Client undertakes to engage the Service Provider for the newly agreed date, failing which the deposit will not be refunded.

If, on the chosen new date, the Service Provider is not available, the contract will be canceled and the tariff conditions relating to the cancellation of the contract will be applied.

If the location of the event is changed, additional kilometric charges may be added to the initial rate at the rate of €1.50 per additional kilometer.

The Service Provider also reserves the right to cancel its service without financial compensation if the additional distance is greater than 150 km from Nimes or if the accessibility of the location is not suitable for the reception of a caravan.

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10.2 – Client's Provision Obligation

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It is the responsibility of the Client to provide the Service Provider with free access to electricity and water supplies throughout the duration of the service (installation and dismantling included). The connections must comply with French standards. The water and electricity consumed by the Service Provider in the provision of the Services will in any case remain the responsibility of the Client.

The Client undertakes to provide access to the kitchen or at least to provide a secure, suitable space to store the Service Provider's equipment. The Client will be responsible to the Service Provider for the replacement of stolen equipment outside of the Service Provider's presence and that of its employees. It may be agreed that the Client must provide the Service Provider with certain specifically designated equipment on the dates and times scheduled for its intervention. It is the Client's responsibility to ensure that they comply with applicable standards, to ensure their maintenance and upkeep, and to pay any insurance premiums related to them.

 

The Client must ensure that the Service Provider can easily access the chosen reception location on a ground suitable for receiving a caravan. Ms. L. requires a hard, flat surface (and if possible level) approximately 6 meters long and 4 meters wide.

 

The dimensions of Mademoiselle L. being 5.80 m long - 2.50 m high - 2.20 m wide, the dimensions of Mademoiselle S. being 4.20 m long - 2.30 m high - 2.10 m wide. The Client also undertakes to reserve a parking space in close proximity to the event location to allow for the delivery of the bar(s) and supplies. The Client must also provide the necessary space for the installation of the bar(s) and/or the bar caravan.

The Client guarantees the Service Provider easy access to the location of the Service. The Client is informed that compliance with these obligations constitutes an essential condition for the acceptance of the Service by the Service Provider. It must provide all relevant information in a timely manner, particularly on the accessibility of the premises and the location of the Service Provider and its equipment.

Any proven difficulties and/or the absence of the possibility of delivering the bar(s) in the absence of a reserved parking space, the Service Provider will be entitled to refuse to perform its service. If the Service Provider decides to perform the Service, handling and logistics fees may be invoiced to the Client in addition to the initially agreed price

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The Service Provider cannot be held responsible under any circumstances for the possible consequences of unpredictable weather.

The Client must anticipate any problems in this regard.

The Client is informed that the Service Provider will need a minimum of 2 hours for installation and 2 hours for dismantling its infrastructure.

Finally, the Client undertakes to provide a hot or cold dish during the hours of intervention to all Service Provider personnel.

Except in cases of force majeure, the Client's failure to fulfill its obligations releases the Service Provider from its obligation to provide the Services. However, the deposit paid on order and the balance of the price will remain due. The Client undertakes to collaborate in good faith with the Service Provider. The Client undertakes to keep the Service Provider closely informed of any changes related to the organization of the Service. Any change related to the Service that results in an increase in cost will be fully borne by the Client. The Client also has the obligation to implement all means it deems necessary and sufficient to prevent or reduce the effects of a breach of contract caused by a force majeure event. The Client must inform the Service Provider as soon as possible in the event of any event preventing it from performing all or part of its contractual obligations. No deliberate concealment of elements related to the Service likely to delay, hinder, disrupt, or disorganize the project shall be tolerated by the Service Provider, who reserves the right to terminate the contractual relationship without notice and without refund of the deposit paid.

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The Client undertakes not to intervene directly, before, during, or after the event, with suppliers, subcontractors, personnel, and employees of the Service Provider. If, after a possible termination of the contract, the Client were to organize or have organized the event that was initially defined by the Service Provider, an amount equal to fifty percent (50%) of the plagiarized projects would be due to the Service Provider.

It naturally undertakes to pay the Service Provider on the agreed dates and amounts.

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The Client must provide the Service Provider with the names and contact details of all persons responsible on site on the day of the event.

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10.3 – Dry Hire Specifics

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Customer Responsibility:

• The customer assumes full responsibility for any incident or damage to the rented goods.

Security Deposit:

• Due to the absence of the service provider during the entire rental period, the security deposit is increased to €3,000.

Equipment Security:

• The customer agrees to:

  • Secure the rented equipment.

  • Store mobile equipment in a secure location.

  • Secure the caravans by closing all openings and doors with keys.

  • Use the provided tow bar and wheel clamp.

Weather Protection:

• The customer agrees to protect all equipment in case of bad weather and after each use.

• A specific tarpaulin is provided for each caravan.

Moving Caravans:

• The customer is not authorized to move the caravans for any reason whatsoever without the agreement and presence of the service provider.

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10.4 – Obligation of the Service Provider

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The Service Provider undertakes to collaborate in good faith with the Client. The Service Provider undertakes to implement all necessary means to satisfy the Client in the organization of the Service as defined by the terms of the estimate. However, it cannot be held responsible for fortuitous events, force majeure, or acts of third parties. Nevertheless, it will endeavor, when possible, to find solutions to overcome any difficulties that arise. The estimated quantities at the time of establishing the estimate are given for information purposes only.

The Service Provider cannot be held responsible in the event of high turnout and/or stock shortage during the provision of services.

In the event that guests ask the Service Provider to prepare drinks other than those initially planned, only the Service Provider can decide whether to accept them or not, depending on the turnout, complexity, and available or provided stocks. It is agreed that the services will end - which constitutes the definitive contractual end time for the service - if all cocktails or drinks provided for in the order have been served, or if the Client's Service is completed. It is reminded that any additional hour begun will be invoiced at a rate of €100/hour/person provided on the service. The Service Provider contracts no obligation to reimburse if the Client has not used the entire initial quota of cocktails or drinks provided for in the order during the Service. Unopened, non-consumed beverages (bottles, cans, etc.) will be returned to the customer, with the exception of draft beer (deposited keg) and cocktails.

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ARTICLE 11: COMPLAINTS

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Any complaint from the Client regarding the liability of the Service Provider must be made by registered letter with acknowledgment of receipt within five (5) calendar days following the date of the subject of the complaint. If the five (5) calendar day deadline is not met, the Client's complaint will be void. Therefore, any email, SMS, message on social networks, or telephone call from the Client will not be legally valid.

 

 

ARTICLE 12: CONFIDENTIALITY

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The parties undertake reciprocally, both during the execution of the contract and afterward, for an unlimited duration, to the strictest confidentiality, by refraining from disclosing, directly or indirectly, any information, knowledge, or know-how whatsoever concerning its co-contractor and its operating methods, to which it may have had access in the course of the performance of its services, unless said information, knowledge, or know-how has fallen into the public domain or its disclosure is necessary under specific regulations or an administrative or judicial injunction. The parties also undertake to enforce this obligation on all members of their staff, each vouching for the other.

By exception, the Client authorizes the Service Provider to mention it among its client references in its commercial documents, regardless of the medium (brochure, website, etc.).

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ARTICLE 13: COMPETENT COURT

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Any dispute concerning the interpretation and execution of these general terms and conditions of sale is subject to French law.

In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Nimes.

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