Article 1 – Allostand
The Internet website accessible at the URL https://www.allostand.fr (hereinafter the “Website”) is published and operated by the company ALLOSTAND, a French société par actions par simplifiée with capital of €10,000, listed on the Trade and Companies Register under number 839 513 405, whose registered address is 43 rue de Liège, Paris (75008) and whose VAT number is FR23839513405 (hereinafter “allostand”).
Article 2 – Scope of application
2.1. These general terms and conditions of sale (hereinafter the “T&Cs”) apply, according to the provisions of articles L. 441-6 and following of the Commercial Code, without restriction or reserve, to all of the commercial relations between allostand and natural and legal persons registered on the Website (hereinafter “Users”) wishing to use different services offered on it by allostand (hereinafter the “Service”).
2.2. These T&Cs are accessible on the Website and where applicable shall take precedence of any other version or other conflicting document. In the event of modification of the T&Cs by allostand, the applicable version is that in force on the Website at the time of the User making the order.
2.3. Validation of the order by Users who, by ticking the relevant box, acknowledge and accept it prior to making the order, constitutes unreserved acceptance of these T&Cs. Users also acknowledge that, prior to making an order, they have received sufficient information and advice from the Website and allostand to assure them of the suitability of the Service to their own needs.
2.4. Irrespective of their capacity, Users declare that they are capable of entering into a contract by virtue of French law and where applicable declare that they validly represent the person on whose behalf they act. Professional Users are bound to respect of these T&Cs for all of their employees, officers and representatives.
2.5. Unless proven otherwise, the data recorded by the Website constitutes proof of all facts, acceptance and transactions.
Article 3 – Features of the Service
3.1. The order specifies the Service provided as part of the sale. Except in cases of exceptional orders, the latter can be found on the Website or in the summary email addressed to Users after ordering.
3.2. The Service consists of an intermediary platform between various Users registered on the allostand Website which may be professional exhibitors, organisers, stand design agencies, stand managers, decorators, etc. (hereinafter grouped into two separate categories: “Exhibitors” and “Stand managers”) within all kinds of event management (exhibitions, trade fairs, shows, etc.).
Stand managers are specialists in designing stands selected by professionals in the trade fair sector. allostand reserves the right to, at its discretion, refuse a stand manager which does not meet the selection criteria.
3.3. During the use of the Service, the Exhibitor describes their stand plan according to specifications. Depending on in particular, their pricing, reference, experience and availability, the Exhibitor may choose three Stand Managers from among those offered by allostand, who will receive a selection notification. Within two days, the three selected Stand Managers will notify the Exhibitor of whether they wish to respond to the request for a quote.
In the event of a positive response from one or more Stand Managers, allostand informs these Stand Managers of the Exhibitor’s contact details and detailed specifications. In the event of a negative response, the Exhibitor is informed of the refusal.
3.4. Irrespective of their role, Users are informed that the Service to connect relationships may require access to other websites or platforms (registered Users, partners or others), designed and managed under a third party’s responsibility. Allostand does not have any control over the content of those websites and refuses all responsibility related to their content and use of information contained therein by any third party. In the event of a problem or malfunction on a third party platform required for the Service, allostand will strive to provide the Service sold on a platform with similar features.
3.5. In case of unavailability of the ordered Service, allostand will immediately inform the Users and may offer them a Service of equivalent quality and price, or otherwise reimburse the sums paid within 7 days. Aside from reimbursement of the cost of the unavailable product, allostand is not obliged to pay any cancellation indemnity.
3.6. The photographs and illustration of the Service do not constitute a contractual document.
Article 4 – Registration and access to the Service
4.1. Apart from any allostand staff and potential IT subcontractors required to operate the Service and any other person authorised by law, the Service is only accessible to natural and legal persons who have registered on the website according to the technical terms and schedule provided by allostand.
4.2. At the time of registration on the Website by clicking on “Start my project” or “Register as a stand manager” according to the case, Users are required to fill in the fields with their full name, company name and email address and choose their password.
4.3. Any use of Users’ access to the Service by an unauthorised person invokes the responsibility of the User concerned who will answer for any fraudulent or abusive use of their access codes. Users will immediately notify allostand of the loss or theft of their access keys.
4.4. In the event of a breach of the access keys or the provision of false information at the time of registration, allostand reserves the right to suspend the Service, without compensation, notice or prior information and without prejudice to any possible damages that it may claim from the User concerned.
4.5. In the event of non-use of the Service for a period of two consecutive years or more, allostand reserves the right to close Exhibitors’ accounts. The same applies to Stand managers’ accounts if they do not respond (acceptance or refusal to a request for quote) to more than three consecutive solicitations.
Article 5 – Pricing conditions
5.1. The Service is free to Exhibitors.
In order to be introduced to an Exhibitor, the Stand Manager pays allostand the sum of one hundred and fifty euros (€150) excluding VAT, i.e. one hundred and eighty euros (€180) including VAT. In case of refusal to a request for quote, the Stand Manager will not be owed any sum of money.
5.2. The sale shall not be considered final until the Users have been sent confirmation of acceptance of the order by allostand by email and after receipt of either the whole price or a partial payment in the event of a special offer.
An invoice is drawn up by allostand within a reasonable time frame after the order. It is addressed to Users or accessible upon request.
5.3. Except in cases of special offers, the total price of the Service is payable upfront. Payments by credit card are debited at the time of order. For payments by bank cheque, these are cashed upon receipt.
In particular, payments by Stand Managers are not considered final until effective cashing of the sums owed to allostand. In case of absence of payment or late payment, allostand will not be obliged to provide the Exhibitor’s contact details.
In cases of special offers, in case of problem with the delayed payment, Users shall not have access to the Service until the due amount is paid within a reasonable time frame. The whole price of the Service must be paid in full in order to have full access thereto.
5.4. allostand reserves the right to suspend or cancel Users’ access in the event of breach of the payment conditions above.
In the context of the development of its Service in particular, allostand also reserves the right to amend its T&Cs at any time. In case of modification of the T&Cs, the applicable T&Cs are those in force on the date of order, of which a copy dated on this date may be provided to Users upon request.
5.5. In the exceptional case that a User is a consumer or professional with no access to the Service within its main activity according to article L. 221-3 of the Consumer Code, they shall have the right to retract from these T&Cs without reason within fourteen days. The retraction period expires fourteen days after subscription to the Service.
In order to exercise their right of retraction, Users must notify allostand at firstname.lastname@example.org of their decision to retract from this contract with a declaration that is free of ambiguity (for example, letter sent by mail, fax or email with acknowledgement of receipt) and signed, indicating in particular the contact details provided upon registration and their capacity (Exhibitor or Stand Manager).
Any retraction received after the expiry of the retraction period shall not be considered and in the event of retraction, allostand shall not be obliged to reimburse the payments received if the Service has been effectively provided.
Article 6 – Prohibited activities
6.1. It is Users’ responsibility to comply with all laws, rules, regulations and tax obligations applicable to the use of the Service.
6.2. Without being exhaustive, in the use of the Service, Users are prohibited from:
– using the Service for commercial purposes other than that expressly authorised by these T&Cs by misleading allostand as to the actual intended purpose following registration on the Website;
– reproducing, storing, accessing or using information provided on the Website under the Service for malicious or disloyal purposes against allostand, other Users or any third party;
– using the Service to share commercial ads, commonly referred to as “spam”;
– for Stand Managers in particular, in any way whatsoever bypassing these T&Cs in order to be introduced to an Exhibitor or another Service User, avoiding use of the Service and payment of the sums owed to allostand in this regard;
– disrupting or interfering in the performance and proper operation of the Service by abnormal use of it.
Article 7 – Guarantees
7.1. allostand undertakes to provide a Service introducing Stand Managers to Exhibitors. This is an obligation of means.
7.2. allostand undertakes to take all measures to provide the Service on an ongoing basis, aside from possible breakdown, maintenance or technical constraints related to the specifics of the Internet network or third party solutions used.
7.3. Users may benefit from the Service within reasonable use. Users undertake to inform allostand within 24 hours of the discovery of a technical malfunction. In the event of an interruption to the Service by allostand related to corrective maintenance work, allostand will take all measures to remedy the malfunction within a reasonable time frame. The security and integrity of communications on the Internet cannot be guaranteed, therefore allostand rejects all responsibility concerning the consequences associated with technical faults of the Website or in relation thereto, particularly with regard to access issues.
7.4. The Service sold on the Website complies with the regulations in force in France. Allostand’s responsibility shall not be invoked in the event of breach of the legislation of the country in which the Website is accessible, verification of which is Users’ responsibility.
Article 8 – Limitations of responsibility
8.1. Allostand’s responsibility shall in no case be claimed for any technical or software fault or any cause external to it. Irrespective of the type of Service, allostand’s responsibility is expressly limited to the compensation of direct damages proven by Users. With regard to professional Stand Manager Users, allostand’s responsibility is capped at the amount paid by the User in relation to the Service. In the event of use for free by the Exhibitor, the amount is limited to €150 ex. VAT per project.
8.2. In no case shall allostand’s responsibility be claimed for indirect damages such as loss of data or files, loss of operation, commercial prejudice, loss of profits, harm to image or reputation. allostand shall not be held responsible for disputes arising between a User and their own clients.
8.3. Use and operation of information provided through the Service occurs under Users’ sole responsibility and risk. The latter are solely responsible for their interpretations of information provided through the Service.
8.4. It is expressly specified that allostand’s role is limited to introducing Exhibitors and Stand Managers, who are completely free to enter into a contract without allostand’s responsibility being claimed. allostand is a third party to the potential contractual relationship of Users following its Service, whether they are Exhibitors or Stand Managers.
In this regard, allostand shall not be held responsible in particular for the non-feasibility of the specifications drawn up by the Exhibitor or delays in the execution of the services offered by a Stand Manager in their quote or for any fault in a Stand Manager’s services.
8.5. In any event, Users guarantee allostand against the consequences associated with claims or actions arising from a breach of these T&Cs involving allostand.
Article 9 – Force majeure and inability to provide the Service
Allostand shall not be held responsible with regard to Users in the event of failure to execute its contractual obligations as a result of force majeure. Aside from those usually acknowledged by the jurisprudence of the French Courts, cases of force majeure or fortuitous events include, but are not limited to: strikes or company conflicts inside or outside allostand, natural disasters, fires, interruption to telecommunications, energy supply and all kinds of transports, or any other circumstance outside of allostand’s reasonable control.
Article 10 – Termination
10.1. Users may at any time terminate the Service by email to email@example.com. Users remain liable for the Service subscribed when ordering.
10.2. allostand reserves the right to immediately terminate the Service in case of a User’s non-payment of one or more invoices.
Any sum not paid within thirty days shall be subject to a charge at a rate of three times the legal interest rate in force plus ten per cent as well as a fixed recovery fee of forty euros according to the legislation in force (Article L441-6 of the Commercial Code). For professional Users, late penalties shall be owed without enforcement order.
10.3. allostand also reserves the right to immediately terminate the Service for Users in case of their breach of allostand’s intellectual property and any breach of the Service.
10.4. Termination of the Service invokes the suspension and cessation of the Service as subscribed by the Users from allostand as well as the immediate payability of all sums owed in principal, expenses and accessories (late interest, bank fees).
10.5. allostand reserves the right to amend its offers at any time. Except in exceptional cases, allostand will not increase or decrease the price of the Service already subscribed.
Modifications to the T&Cs are enforceable against users of the Website and Users who have accepted them when provided online.
If the new T&Cs are refused, allostand is free to terminate this commitment.
Article 11 – IT and Liberties
11.1. In accordance with article 32 of law no. 78-17 of 6 January 1978 amended in 2004 (called the “IT and Liberties Act”) and the applicable regulations on the matter, Users are informed that their personal data is subject to automatic processing for the purposes of commercial prospecting and management of the Service. Users are informed that this data may be subject to statistical analysis by allostand and may be transferred to third parties and partners if Users have expressly consented.
11.2. Information sought in forms available on the Website marked with an asterisk are mandatory and required for the management of User requests. The absence of a response in a mandatory field will prevent allostand from processing User requests.
11.3. Users have a right of access, rectification and deletion of their data and may oppose its processing for due cause. In order to exercise these rights, Users can contact: firstname.lastname@example.org or 43 rue de Liège 75008 Paris.
11.4. Processed data is conserved according to the regulations (simplified standard 48 of the CNIL).
Article 12 – Intellectual Property
12.1. The content of the Website is the exclusive property of allostand and its partners and is protected by French and international intellectual property law. Any complete or partial reproduction is formally prohibited under penalty of legal action.
12.2. allostand is the sole owner of the intellectual property rights for all of the Service that it offers to Users. In this regard, all of the content and supports irrespective of their format (paper, electronic, digital, verbal, video, etc.) used by allostand to provide the Service shall remain allostand’s exclusive property. In this regard, they shall not be used, transformed, reproduced, or operated without allostand’s express authorisation.
12.3. In particular, Users invoke their responsibility on the basis of articles L.122-4 and L.335-2 and following of the intellectual property code in the event of unauthorised transfer or communication of content.
12.4. allostand claims no right to work conducted by Stand Managers after they have been introduced with an Exhibitor. In addition, it shall not be held responsible in the event that Users breach third party intellectual property rights.
Article 13 – Communication and User references
13.1. Users accept that they may be referenced by allostand as a User of its Service.
13.2. allostand is thus authorised to mention the User’s name and logo, as well as an objective description of the nature of the Service provided, in relation to the contract, in its lists of references and proposals for prospects and clients, in particular on the Website, in interviews with third parties, staff communications, internal provisional management documents, annual reports with shareholders, and in the event of legal, regulatory or accounting provisions requiring it.
Article 14 – Applicable law – Language
14.1. These general terms and conditions of service are subject to French law. They are drawn up in the French language. If they are translated into any other languages, only the French text shall be used in case of a dispute.
14.2. The invalidity of a contractual clause does not invoke the invalidity of the T&Cs. The temporary or permanent inapplicability of one or more clauses of the T&Cs by allostand shall not constitute waiver by it of the other clauses of the T&Cs, which remain in force.
Article 15 – Complaints
For complaints or generally any question or report related to the use of the Service, Users are invited to contact allostand at the email email@example.com or postal address 43 rue de Liège 75008 Paris.
Allostand will strive to respond as soon as possible.
Article 16 – Disputes
IN THE EVENT OF A DISPUTE BETWEEN A USER AND ALLOSTAND, PARIS COMMERCIAL COURT SHALL BE EXCLUSIVELY COMPETENT.
BY WAY OF EXCEPTION, FOR CONSUMER OR NON-PROFESSIONAL USERS, ALL DISPUTES THAT MAY ARISE FROM THIS CONTRACT WITH REGARD TO ITS VALIDITY, INTERPRETATION, EXECUTION, TERMINATION AND THEIR CONSEQUENCES SHALL BE REFERRED TO THE COMPETENT COURTS WITHIN THE CONDITIONS OF CONSUMER LAW.
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