GENERAL TERMS AND CONDITIONS OF USE, SELL AND RENTAL

EXHIBITION CONSULTANT INTERNATIONAL is a “société à responsabilité limitée à associé unique” French limited company, with registered office in 775 Chemin des Prés, I, in BIOT (06410), registered with the Antibes registered office (RCS) under the number 522 460 104 and which has as commercial sign ESSENCE EXHIBITION SERVICE (Hereafter referred to as the “Company”). EXHIBITION CONSULTANT INTERNATIONAL is represented by Mr Rikki Murphy, as legal representative.

The Company is specialized in supplying professionals wishing to organize Events with refreshment Material (as the terms with capital letters will be defined below) such as trade shows.

The Company provides clients with complete or personalized packages renting solutions of quality Material the Company owns and the of Products selling (as the terms with capital letters will be defined below) via its website www.essence-services.com (hereafter referred to as the “Website”).

The Company is the editor of the present Website. This one allows his Users (as the term with capital letters will be defined below) to take acknowledge of the proposed Services, to choose the Material the User wishes to order at the moment of Order form’s transmission (as these terms will be defined below).

These various Services are available on the Website or at any other address which could be added to it or substitute to it.

The present terms and conditions of use (hereafter referred to as the “General Terms”) apply, without limitation to all the Services provided by the Company to its Users (such as these terms will be defined below).

Contact:

• Every Monday, Tuesday, Thursday and Friday, between 9 AM and 5 PM

  • Email address: essence.services@orange.fr

  • Phone number : +33 (0) 4 93 95 97 34 / Fax : +33 (0) 4 93 95 98 24 / Port : +33 (0) 6 16 38 64 16

• Every day via the contact form available on the Website www.essence-services.com, in section “Contact”.

The Website’s publishing director is Mr. Rikki Murphy.

The Website is hosted by OVHCloud. Hereafter, it will be referred to as “Website hosting”.

SAS au capital de 10 069 020 €
RCS Lille Métropole 424 761 419 00045
Code APE 2620Z
N° TVA : FR 22 424 761 419
Siège social : 2 rue Kellermann – 59100 Roubaix – France

I.1Contractual documents

The reciprocal commitments of the Company and the Customer are only composed by the following documents, listed hereafter in a decreasing priority order (This set being hereafter referred to as the “Contract“):

• The present General Terms and the prospective contract amendments;

• The personal data protection charter, subjected to the present General Terms and accepted concomitantly to present act signature

Article II.Definitions

The terms listed below have the following meaning for the comprehension and the interpretation of the present agreement:

Order Form: means the document transmitted by the Company to the User specifying all the Services to be supplied at the User’s request, the time required to execute them and an evaluation of the Services price.

Order: means the reservation of the Material and/or Products by the User.

Content: means all the present textual and graphic contents on the Website or the component, this list not being restrictive, if necessary, the structure and the pages of the Website, the editorial contents, the texts, the videos, the animations, the sections, the drawings, the illustrations, the images.

Cross-contamination: means the inadvertent transfer of bacteria or other contaminants from one surface, substance to another.

Personal Data: means any information relating to an identified or identifiable individual.

Website hosting: means the Contents storage and processing allowing their accessibility thanks to the Website.

Internet: means servers’ various networks localized in diverse places worldwide, interconnected by means of networks of communication, and communicating by means of a specific protocol known under the name of TCP / IP.

Material: means the Nespresso and SAEKO professional coffee machines, water fountains for the distribution of fresh, cold or moderate and hot water, refrigerators and fridges freezers of standard size, display multimedia, heaters and refrigerated display cases, which are available for rental.

Party or Parties: means together or separately the Company and/or the Customer.

Products: means water bottles, coffee capsules, milk capsules and gas bottles which are available for sale.

Events: means the event for which the Customer provided information about its organization in the Order form.

Services: means the possibility offered to the Customer to choose the Material the Customer wants to rent, to order the Material on line and the possibility to pay by check payable to “ESSENCE Exhibition Services” enclosed to the Order form or by bank transfer executed when sending of the Order form.

Website: means the online interactive electronic services on Web available on the Website or at any other address which would come to be added to it or substitute to it, including its content, which the specifications are described in the Schedule I.

Stand: means the emplacement attributed during the Event.

User: means every person, individual or company, acting as professional using the Website to have access to the Services proposed by the Company.

Article III.Scope

The purpose of the following General Terms is, throughout the validity period, to define the contractual framework governing the access to the Services proposed by the Company via its Website as well as the Services order and provisions modalities.

Article IV.General Terms implementing

The present act is written in French. The General Terms specify the different steps required to the User for the Order, the payment and several Services modalities.

The Contract regarding the use of the Services (hereafter referred to as the “Contract” is set for a duration limited to their execution.

The Services are supplied on the French territory.

The company is liable, in any case, for the commercial practices operated on the other sites or companies in which the User would have access since the Website by hypertext links, logos, buttons, etc., situated on the Website. It is up to the User to refer to the general terms of the aforementioned sites or companies before contracting with them.

IV.1General Terms enforcement

The Contract regarding to the use of the Services is formed between the Company and the Customer upon present General Terms acceptance at the time of the Order confirmation (checkbox to process to the Order’s payment)

The Contract, as defined before, constitute the only acts biding the Parties, excluding any other document, pamphlet, catalogue or photos which only have an indicative value.

The General Terms are regarded as read and accepted by the User at the time of the Order made on the Website. The present General terms supersede all prior agreements and understandings, both written and oral, among the Parties with respect to the subject matter.

The User declares having taken into knowledge the present General Terms entirely and accepting all the User’s obligations. In default of acceptance, the User cannot access to the Website’s Services.

The User can keep a copy by printing the present General Terms which will be also available permanently on the Website.

IV.2General Terms modification

The Company reserves the right to modify the General Terms if necessary, according to the Services proposed or legislative developments, at its sole discretion. The use of the Services and the Website is always subjected to the most recent version of the General Terms in force and accessible for the User.

The User shall check the General Terms as often as necessary. In any case, every modification will be notified by e-mail to the Customer 1 week (1) at least before their coming into force.

If however the User wishes following the modification notification to proceed to the termination of the present Contract, it can be done at any time by sending an e-mail to the following address : www.essence-services.com, informing the Company of the intention to terminate the Contract. The Company will then terminate the Contract, excluding the prospective Services which are ongoing.

The Company can, at any time, proceed to editorial content’s modifications and improvements.

All these modifications and improvements will benefit the User.

During the use of the Services, the User can be submitted to the prospective directives or the rules posted on the Website and applicable to the Services which are proposed there, being able to contain terms and conditions which are added to the present General Terms.

Article V.Website’s access terms and conditions

The User deals with the implementation of the informatics and telecommunications resources allowing the access to the Website.

The User shall protect its technical equipment against any form of contamination by viruses and\or attempt of intrusion, the Company shall not be held liable for it under any circumstances.

The User remains solely liable for the installation, for the exploitation and for the maintenance of its technical equipment needed to have access to the Website’s Services.

Under any circumstances, the Company will be liable if proposed features turn out incompatible or present dysfunctions with some of the software, the configurations, the operating systems or the equipment of the User.

However, the User must pay the telecommunications fees during the internet access and related to the Website’s use duration.

Article VI.Order details

VI.1Order placement conditions

Every Order implies the User’s capacity to contract, as to say, for a person duly authorized to do so for a company, or, a person that has at least reached the age of eighteen (18 years) for a natural person and / or the effective legal majority in its country and who isn’t protected within the meaning of Article 488 of the French Civil Code.

When ordering, the User is invited to indicate:

• Its first name;
• Its last name;
• Its e-mail address;
• Its postal address;
• Its Event to be delivered;
• The confirmation that the Event will be in the Alpes-Maritimes;
• The Stand’s location;
• The Stand’s number;
• The name and the number of the contact on the Stand.

The User undertakes to communicate only exact, current and complete information which he guarantees, any time, the accuracy, the sincerity and the reliability and guarantees to update the aforementioned information to protect its accuracy, relevance and exhaustiveness.

An Order confirmation is sent by the Company to the e-mail address communicated by the User once all the information have been transmitted.

A deposit, the amount of which will be indicated in the Order form, can be required at the time of the Order.

VI.2Order placement deadline

Any Order must be passed by the signature of the Order form and at the latest in a 10 (ten) working days delay before the date of the 1st delivery day during the Event. The same deadlines will be asked for any modification Order request and/or additional Order.

The Order will not be examined when it will not have been made within the time limit, except specific agreements between the Company and the User.

VI.3Order process

The Services and prices proposed by the Company are the ones available at the time of the Website’s access and agreed at the time of the Order form’s confirmation.

The Order can be registered on the Website only if the User clearly identified the information on the Event to be delivered, the location of the Stand, the number of the Stand, the name and the number of the contact on the Stand, and the User’s account ID if necessary in case of credit card payment, giving rise to the Services preliminary payment.

The User will choose the Material chosen to rent directly on the Website in case of online Order or by filing the Order form to be transmitted to the Company with the payment.

Any Order means acceptance of the description of the prices and Services available to rent and chosen by the User.

The Customer shall select one or several Services wished to reserve, with the following terms:

• The User goes on the Website, selects the Material it wishes to order and the quantity to put it in the “shopping cart”;
• The Material is then placed in the “shopping cart” and, before moving on to the next stage, a summary of the Material present in the “shopping cart” with the price excluding tax and the delivery’s fees is available;
• After reading the summary of the Order and the specification that the delivery is only possible on the Events taking place in the Alpes-Maritimes and that for Event outside the Alpes-Maritimes, it is necessary to contact the Company before confirming the Order, the User can then click on “Pursue my order”;
• The User then has to fill out, online, the request form of information in which certain information, accompanied with a red asterisk, is binding to pass in the payment such as the first name, the name, the mailing address, the city, the postal code, the email address, the Event to be delivered, if the Event is actually located in the Alpes-Maritimes, the address and the number of the Stand, the name of the contact on the Stand as well as its phone number;
• After having informed duly the required information, the User has to check the box “I recognize to have read and accepted the terms of sale and declares that the data in this form are sincere and real” and to accept the Charter relating to the personal data protection to pass in the payment by clicking on the button “pursue my order” ;
• Then, the User must choose the means of payment it wishes to use. The choice is given between the credit card payment (Visa, MasterCard or American Express) or PayPal account and the check payment;
• After having made his choice, the User can click on the button “pursue my order”;
• The User passes then in the stage of check and confirmation of his Order. A summary resuming all the information supplied during the previous stages is given such as the name, the first name, the email address and mail, the selected Material, the price excluding tax, the quantity as well as the means of payment. It is also indicated the Order’s number, the date and the hour in which it was made and finally the price including tax;
• Before clicking the button ” confirm my Order and proceed to the payment “, the User has the possibility to verify the detail of the Order resuming all the information supplied during the previous stages as well as the total price, taxes included, of the Order, its number and the date and the hour when it was made. The User can return to the previous pages to correct prospective errors or modify the Order;
• If the User proceeds to a credit card payment, it must click the tab “proceed to the payment ” to enter his account ID;
• The definitive acceptance of the User is realized by the confirmation of its account ID (number of bank card, expiry date and cryptogram), by the reception of the payment made via PayPal or by the transmission of the check to the Company of the total amount including taxes of the Order, with the number of the Order mentioned in the confirmation.
• When confirming the summary of Order by clicking the tab “Pay”, the User accepts expressly the current General Terms on the Website;
• The User has the possibility to print the Order by clicking on the button “print the Order “;
• The Company reserves the right to refuse or suspend any Order for legitimate reasons and, more particularly in case of:
  • Abnormal or excessive complaints;
  • Existing dispute (s) with the Customer;
  • Defect or total or partial delay in payment of a previous Order by the Customer;
  • Authorization credit card payment refusal by the bank;
  • Fraud or attempt of fraud relating to the Website’s use.

The Company undertakes to fulfill the Orders received on the Website within the limits of the availability of the Material and/or Products for the realization of the Services.

In case of unavailability of any Material and\or a Product the Company reserves the right to replace by an equivalent model.

Materials and\or Products offer is proposed by the Company within the limits of available stock. If one or several Materials and\or of Products come(s) temporarily or definitively unavailable, the Company will use reasonable best efforts to update the offer.

In case of lack of availability subsequent to the Order, the Company undertakes to inform the
User of the Services availability as soon as possible. When the unavailability is noticed after the Order confirmation, the User will have the possibility to cancel the Order by requesting either the refund of the sums paid within a thirty (30) days delay after payment, or the unavailable exchange of the Material and/or Products, by email.

The Company incurs no responsibility in case of unavailability of the Material and/or Product.

In case of unavailable Material and/or Product exchange request by another one, a new amount of the Order will be communicated to the User. Two cases may arise:

• The Material and/or the Products substitute is cheaper than the unavailable Material and/or Product: The Company will then send to the User a refund corresponding to the difference, within a 30 (thirty) days delay of the payment;
• the Material and/or the Products substitute is more expensive than the unavailable Material: The User will then have to validate this difference before the confirmation of the Order and send the payment.

The transaction will be considered definitive only after the transmission by email to the User of the express acceptance of the Order confirmation by the Company and after, if case of cash payment, complete payment of the price, whether by check, by bank transfer or by online payment.

The User will check the accuracy of the Order and indicate immediately any error.

Any Order made on the Website constitutes the formation of a distant contract between the User and the Company.

VI.4Rates and payment terms

4.i)Price

The prices are excluding taxes (excl.taxes), expenses of delivery included except particular conditions.

The payment asked to the Customer corresponds to the total amount of the purchase or rental including taxes (Incl.taxes), including these fees. Any change of the rate of the value-added tax (VAT) can be echoed on the Services price. The Customer recognizes and accepts explicitly that the fees or any installment payment constitute advance payments and not deposit.

Unless otherwise specified, the indicated prices are unitarian for the Orders as well as for the User.

The Company reserves the right to modify the prices at any time, being however understood that the price appearing on Order form at the time of the Order will be the only one applicable to the User.

4.ii)Price increases

For any Material and / or Products, the User accepts a price increase by:

• Costs bound to a contractual deadline reduction for the assembly / dismantling of the Material and / or Products (previously accepted by the Company);
• Costs of additional workforce if the assembly, the dismantling, the delivery/removal Material and / or Products are settled either after the beginning of the trade show, that is on a Sunday or a holiday and/or outside working hours;
• Additional costs supported by the Company if, for Products and/or concerned Materials, the installation site is not accessible to a truck, one semi-trailer and/or a forklift truck and/or if the information which are transmitted to the Company are erroneous or incomplete and/or if the assembly / dismantling zone is occupied by thirds and/or of some Material;
• Costs bound to modifications, after the Order, of the applicable regulations or due to exceptional measures taken by competent authorities such as police services, fire brigades or others;

4.iii)Payment terms

The User undertakes to settle the entire amount of the Order in the day of the confirmation of the aforementioned Order, or by the transmission of a check at the latest in 30 (thirty) days.

The User recognizes that the Orders will be registered and handled by the Company only after collection of the due sum in the day of the confirmation of the aforementioned Order on the Website.

The payment of the Services can be made by credit card (Carte bleue, Visa, MasterCard, Eurocard, American Express), on the Website or by check.

Any unpaid due sum will give rise, as of right and without any need for any formality, to late charges calculated based on the legal interest rate multiplied by 3, the enforceability of the sums owed being maintained.

Moreover, any late payment will have for consequence the invoicing to the User of 40 euros recovery costs, the immediate enforceability of all the sums still due whatever the agreed deadlines were, as well as the possibility to terminate the Contract unilaterally which the User shall be exclusively responsible for.

VI.5Products and/or Material delivery

Unless otherwise specified during the Order, the Material and/or Products are delivered, installed on the Stand concerned and ordered if necessary (subject to the transmission by the User of an organization plan at the time of the Order), at the latest in the date of opening of the Event.

Unless otherwise specified during the Order, the Material and/or Products are delivered, installed on the Stand concerned and ordered if necessary (subject to the transmission by the User of an organization plan at the time of the Order), at the latest in the date of opening of the Event.

The Orders execution deadlines are settled in the confirmed Order form.

The Company waives all liability and any compensation in case of late delivery due to incomplete or erroneous indications of the User.

The Company shall in no case be liable for the Services supply delay or suspension attributable to the User, or in case of force majeure according to the article 1218 of the French Civil Code provisions.

The Services contractually due are considered supplied at the expiration of the contractual duration mentioned during the Order.

In case of force majeure and\or of imperatives due to the availability of the stock reasons, the deadlines of Order and essentially the Services realization conditions, the Company expressly reserves the right to supply instead of the Material and\or commanded Product, any Material and\or equivalent Product, able to assure an identical use.

The User or its representative undertakes to be present on the Stand during the delivery and the return of the Material to ensure that is realized:

• An inventory at the time of the delivery of the Material;
• An inventory at the time of the return of the Material.

The Parties can express reservations about the completed inventory. In the absence of reservations by the User, the delivery and the return of the Material will be considered completed.

The User will note be able to claim against the Company any force majeure or coincidence, the Company being considered as having perfectly executed the contractual obligations. Any later complaint in the delivery will be considered unacceptable.

The malfunctions and the damages on the Material revealed during tests and checks introduced by the Company within 48 hours (working days) shall be borne by the User.

1. Parties obligations

VI.6General collaboration and information obligation

Each party makes a commitment to communicate to the other Part any useful information as well as any warning on the risks of all kinds susceptible to affect Services.

Within the framework of the execution of the present General Terms or the amendment, each party makes a commitment to collaborate actively and regularly with the other Part, and any third possibly indicated by one of the Parties.

As such, the Parties will provide themselves mutually with a reasonable deadline all the documents or the elements necessary for the execution of the General Terms which are asked in writing by one of the Parties or any indicated third.

VI.7Warranties and general obligations of the Company

• Warranties and general obligations related to the Services

The Company undertakes to use all the necessary technical and human means for the availability of the supplied Services. In respect of this matter, the Company is only bound by an obligation of means within the framework of the present agreement.

In case of difficulty, the User can inform the Company about it by e-mail sent to the e-mail address indicated in the introduction of the present agreement, or by telephone to the number also indicated in the introduction.

• Obligation related to the Material supply

The Company undertakes, according to the article L. 217-5 of French Consumer Code concerning the conformity warranty, to give to the User, Materials and/or Products fit for the customary use expected by a similar good. The Company undertakes to supply Materials and/or a Products corresponding to the given description and have the qualities expressed by the Company or agreed with the User. The Company also undertakes to supply Material free from manufacturing defect, flawless and with a good packaging. Eventually, the Company undertakes to settle correctly the Material during the delivery in the Stand.

For the perfect information of the User, articles of the French Consumer Code and the French Civil Code regarding to the present article are reproduced below:

Article L. 217-4 of the French Consumer Code: “The seller delivers a property in accordance with the contract and is accountable for the conformity defects existing at the time of delivery. It is also accountable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility.”

Article L.217-7 of the French Consumer Code: ““The defects of conformity which appear within a period of twenty-four months from the delivery of the good are presumed to exist at the time of the delivery, unless proven contrary.

For second-hand goods, this period is fixed at six months.

The seller can combat this presumption if it is not compatible with the nature of the good or the lack of conformity invoked.”

Article L. 217-12 of the French Consumer Code: “The action resulting from the lack of conformity is barred two years from the delivery of the goods.”

Article 1641 of the French Civil code: « The seller is bound to a warranty against hidden defects of the sold good that render it unfit for its intended use, or that diminishes so so much its use that the buyer would not have bought it or would only have given a lesser price for it if it had known of the defects.”

Article 1648 paragraph 1 of the French Civil code: “An action resulting from redhibition defects must be brought by the buyer within two years from the discovery of the vice.”

The Material and/or Product are guaranteed in the conditions of duration defined in the articles mentioned above.

The guarantee consists in the pure and simple exchange of the Materials and/or Products recognized defective. The return of the Products to the Company must be carried out carriage paid in the original packaging.

Materials and/or Products exchanges or their possible repair under warranty cannot have the effect to extend the warranty duration.

The replacement of a Material and/or defective Product, under the warranty, as specified above, is limited to one copy per User.

No damages compensation can be claimed regardless of the duration of the repair or disturbance affecting the use.

The warranty is refused, and the Company is released from all liability in case of alteration or voluntary or accidental misuse such as shock, falls, exposure to a temperature above 50°C or below -20°C, immersion, contact with corrosive agents, etc…

The Company will make a contradictory inventory during the delivery and the installation of the Material and will make tests during the installation to make sure that it works correctly.

The Company undertakes to assure the maintenance of the Material and to make a technical intervention in case of breakdown or failure of the Material, within 24 hours from the moment the breakdown or the failure will have been brought to her knowledge.

VI.8Users’ warranties and obligations

• Obligations related to the use of the Services

The User undertakes to use the Services supplied by the Company according to their destination.

The User refrains himself from any action which could damage the Company’s image and/or the distinctive signs belonging to the Company.

As and whenever necessary, the User recognizes that the right to use the Services is personal to every User. The User undertakes to make a normal use of the Services and shall observe courtesy in the exchanges by telephone, as well as by any other way.

In any case, the Company reserves the right to check at any time the respect of the General Terms by the User and to end the authorization to use the Services which are proposed in case of failure to respect the one or other one of the General Terms provisions.

• Obligations related to the use of the Material

The User undertakes to:

• Use the Material according to its usual destination, not to do anything, nor let make something which can lead to its deterioration and/or its disappearance, to bring it the normal and necessary maintenance, to maintain it and to restore it in good condition of use and cleanliness, to respect the particular recommendations, the specific recommended use, and the appropriate warnings of the Company that the User declares having been informed of;
• Not to make to the Material any modification, on the grips and the cables for example, nor repair, so small should this be;
• Not to stick anything on the surface of the Material;
• To use it in covered places, away from water seepage, unless for the Material naturally designed to be used outdoors and on consolidated ground;
• To leave free access to the settled Material, to every representative of the Company or the person authorized by the latter and to take any useful measure to facilitate their mission;
• To return the Material to the Company, free of any object.

• Lack of / delay of return

Except in case of particular agreements between the Parties, whatever the rent duration is, any lack of return by the User of the Material within the deadlines allowed, will lead to the payment by the User, as penalty clause, of an immobilization compensation corresponding to the cost of the rent without prejudice to any damages which could result from the lack of return. Furthermore, and without preliminary formal notice, the Company can repossess it by means of an interim order issued by any competent Court of the ANTIBES territory.

Article VII.Regulatory compliance

The User will have to ensure the conformity of the Event with the applicable laws and regulations. The User will personally make sure to have obtained the required authorizations to hold the Event for which the implementation and the exploitation of the commanded Material are necessary.

The User undertakes to raise and to guarantee the Company of all the harmful consequences which can result from non-compliance with the aforementioned provisions. In particular, in case of cancellation or of interruption of the Trade show due to the corresponding authorization defect, the User shall remain bound to the complete payment of the Order whatever is the justification given by the competent authorities.

Article VIII.Liability

VIII.1The Company liability

Company is not liable under any circumstances for any indirect damage resulting from the execution of the Contract, whatever they are, exploitation loss or other financial loss or expense, image or moral damages the present list is not limitative.

In case of water bottle’s opening, the Company is not liable for any “Cross-contamination”.

Company is not liable under any circumstances for any a water bottle delivered and installed on a machine belonging to the User.

However, the Company will be liable to the User, if the Material and/or the Product is not liable to the use that it would usually be made for a similar Material and/or a Product, to the description made by the Company, even if it works perfectly or if the installation was not correctly made by the Company. The liability will be identical if the Material and/or Product presents a manufacturing defect, an imperfection or what it is badly packed or what it does not possess the qualities announced by or agreed with the Company.

VIII.2Customer’s liability

The User is liable in case of failure to fulfill the contractual obligations arising under the present agreement.

The User is solely liable in case of theft or the Material damage.

Article IX.Insurance – civil liability – damages caused to the Material

The User declares to be covered by professional civil liability and operation, insurance which will have to guarantee the liabilities that could incur the people authorized by the User to use the rented Material and/or Product and shall, upon first request of the Company, communicate a receipt.

When the Material is transported, delivered, installed, removed by the Company, the Order involves a participation in the insurance and in the restoration fees, which payment must be joined with the Order.

The insurance cover bound to the participation payment in the insurance and in the restauration fees applies to the User during the period of the Material’s provision.

In case of non-payment of this participation, the Order will not be considered or, if it is, the disorders, damage or missing will be charged to the User at the cost of Material’s repair, or at the value of new Material if not repairable.

The participation in the insurance and in fees does not obstruct the application of a deposit.

Article X.Cancellation of the Order

X.1Cancellation of the Order by the Company

If modifications or extensions of the scope defined in the confirmed Order seem necessary in the frame of the Services execution, then they will be defined and agreed in writing. If the User cannot maintain any more the Contract, it can be to terminated by e-mail.

X.2Cancellation of the Order by the User

The Services are executed in the days and hours agreed in the Order form.

The User can ask for the Order cancellation by informing the customer service (which address, and phone number are reminded back in the article 11 of the present), by e-mail or by telephone at least 6 (six) working days delay before the expected delivery date.

Without cancellation before this delay, the payment of all the Order’s price will be due.

In any case, whatever is the date of cancellation of the Order, the returns of the deposits already paid and the sums due at this date, will stay in the appreciation of the Company.

Any executed action must be paid.

For the Products sales such as the coffee capsules and water bottles, any User’s Order is binding and irrevocable, no refund by the Company shall be made in case of cancellation or non-use.

However, Products such as the water bottle are recoverable by the Company in case of cancellation.

No refund shall be made, in case of cancellation, for all the Products.

Article XI.Complaint – Customer service

For any information, complaint, question, to make an Order, or check the Order’s status, or report a claim, the customer service of the Company is available to the User:

• At the following postal address: 775, Chemin des Près, BIOT (06410)

• At the following e-mail adress : essence.services@orange.fr

• By phone: +33 (0) 4 93 95 97 34 / Fax: +33 (0) 4 93 95 98 24 / Mob: +33 (0) 6 16 38 64 16  

Article XII.Force majeure

The Company shall not be liable for any delay in the execution of its obligations or for any non-fulfilment of its obligations resulting from the present Contract when circumstances giving rise to it are due of a force majeure in the sense of the article 1218 of the French Civil code.

It is explicitly agreed that, apart from the cases normally accepted by law of French courts, the following cases shall be considered as of force majeure or acts of God: all strikes, whether total or partial, lock-outs, boycotts or other actions of the same type, civil disorders, epidemics, fire, computer breakdown, blocking of networks and communication systems, attacks by one or more hackers, or any other event beyond the control of the Company, which prevents normal execution of the Contract.

First of all, the cases of force majeure will suspend the execution of the Contract. If the cases of force majeure last more than 45 days, the Contract shall be automatically terminated, unless otherwise agreed between the Company and the User.

Article XIII.Right of recourse

The User shall bear any damages in which the Company would be convicted in case of failure to fulfill contractual obligations arising under the present agreement or following the provisions taken by the Company to stop the breach of third parties rights claimed by a victim, and this, as soon as the condemnation becomes enforceable, even temporarily, as well as the compensations and fees of all kinds spent by the Company, to defend it, including any attorney’s fees.

The Company undertakes to inform the Userr, as soon as it knows it, about any request, complaint or authority presented or committed for such a motive, judicial or extrajudicial, and to bring to the User, free of charge, all the documents and information in its ownership as well as all the required assistance which could be necessary for the User’s defence.

Article XIV.Termination clause

The User expressly renounces to the right to claim the enforced execution of the Services, the execution by a third party or to request the reduction of the Services’ price and, therefore, to the provisions of the articles 1221, 1222, 1223 of the French Civil code.

In case the User would not execute his payment obligations, the Company can, with formal notice demand not followed by effect within 30 (thirty) days following the reception, by the User, of the aforementioned formal notice demand, suspend the execution of the Orders still to execute until complete payment of the price and without any liability for any reason.

Furthermore, any breach by one or other of the Parties in any of its obligations which goes on beyond 30 (thirty) working days following a formal notice demand made by registered letter, or which may not be repaired, can lead to the termination of the Contract as of right without judicial formalities and without prejudice to all the damages and/or penalties or other rights and recourse that the not failing Party can protest in the failing Party.

Article XV.Personal data protection

The processing and the data collection and their distribution to thirds in charge of the Services execution and payment, is subordinated to the consent of the concerned person.

A complete information regarding to the collection, the operated processing, obligations of the Company and the rights of the User, is the object of an independent entitled contract ” Charter relating to the personal data protection ” annexed to the present in Schedule I, which the User testifies to have read before signing, concomitantly to the signature of the present agreement.

Article XVI.Ownership right

It is expressly agreed between the Parties that the whole Material rented by the User remains the property of the Company.

Products sold by the Company remain its whole property, up to perfect payment of the price, in main thing and in interest. Should the User wish the Products to be transformed, or resold, or incorporated into the Material, he will previously have to pay the balance of the price to the Company.

However, the transfer of the risks takes place at the time of the delivery of the Material and Products to the User or when the Company gives them to the carrier. In this case, it is up to the User to verify the Material and Products condition in the presence of the carrier and to do, in case of disasters, any necessary appeal against him.

The User refrains to give in, to rent, to give, to move, to pawn, to let seize by one of his creditors, the Material held until its return to the Company or until the whole payment of the bought Products.

The User undertakes to inform immediately the Company of any incident susceptible to affect the property of the Material and/or Products.

The Company is the owner of intellectual property rights regarding the Services.

The present General Termes operates none property transfer to the User who refrains to infringe it in any way.

The breach of the terms of the present provisions can lead to, in the discretion of the Company, the termination of the Contract and/or the refusal by the Company of any additional use by the User, without prejudice to its right to legally enforce any infringement of its intellectual property rights.

Article XVII.General clause

XVII.1Opt-out clause

Any tolerance or renunciation on behalf of one of the Parties in the application of all or part of the commitments or obligations laid down in the present General Terms, whatever is the date, the frequency or the duration, could not, in the absence of written agreement for that purpose, be worth modification of the General Terms nor generate or obstruct any right.

XVII.2Permanence of the Contract

The nullity of any clause of the present agreement does not affect the validity of the other clauses, the Contract continues in the absence of the cancelled disposition unless the cancelled clause makes impossible the Contract execution or unbalanced in comparison with the initial agreements.

XVII.3Headings of the clauses

In the event of an interpretation or contradiction difficulty arising with respect to any of the headings above the clauses or any of the clauses to which they refer, the heading will be declared null and void.

XVII.4Entire agreement between the Parties

The Parties recognize that the present General Terms and its prospective amendments constitute the entire agreements between them regarding the execution of the object of the present agreement and substitute any previous agreements and proposals having the same object, regardless of what form it could have taken.

XVII.5Proof Convention

According to the article 1368 of the French Civil code, the Company and the User intend to fix, in the frame of the Services, the rules relating to admissible evidences between them in case of dispute and to their probative value. The provisions which follow constitute the convention of proof conclude between the Parties, that undertake to respect the present article. The Company and the User undertake to accept that, in case of dispute, e-mail addresses, exchanged e-mails and SMS are acceptable before the courts and will prove data and facts that they contain as to be valid by priority unless otherwise proved.

The Company and User undertake to accept that in case of dispute, the data stemming from any IT recording of the Company establish the proof of the present General Terms acceptance, the proof of the acceptance by electronic way of any offer and any Services, the materiality of the Services used by the User by means of remote services as Internet, telephone, SMS and mail.

The Company and the User undertake to accept that in case of dispute, these documents and information value will be equivalent to an original paper written document, signed in a handwritten way.

XVII.6Insurance

The Company declares to have subscribe to a professional civil liability insurance according to the relevant laws and regulation.

XVII.7Disposal agreement – subcontracting – sublease contract

The present Contract being intuitu personae concluded, the Parties undertake mutually not to sell it nor to transfer it, in whole or in part, to a third whatever it is, without having obtained beforehand the writing agreement of the other Party.

In any case, the rent or the loan of the Material to a third by the User are excluded.

The present Contract is concluded considering the know-how, the skills and considering the Material appropriate to the Company. Therefore, the Company undertakes to execute personally the present Contract or through subcontractors carefully chosen, subject to having obtained, beforehand, the authorization of the other Party, which shall approve the subcontractor along with his terms of payment according to the law of December 31st, 1975 on the subcontracting.

XVII.8Applicable law – jurisdiction

The present Contract hereof shall be governed by French law.

The Parties undertake to try to solve amicably any disputes relative to the formation, the validity, the interpretation, the execution and the termination of the present Contract.

It is agreed that any disputes relating to the formation, validity, interpretation, execution and termination of this Agreement that the Parties cannot resolve amicably, shall be subject, if the Customer is a independent retailer, to the competent courts within the jurisdiction of ANTIBES, to which the Parties grant territorial jurisdiction regardless of the place of execution or residence of the defendant. This clause by express agreement of the Parties also applies in the event of summary proceedings, multiple defendants or warranty claims and regardless of the Customer’s nationality.

XVII.9Translation

The present Contract is drawn up in the French language. Should this Contract be translated into another language, the French language text shall in any event prevail.