GENERAL TERMS AND CONDITIONS
Clause n° 1: Object
The general terms and conditions described below, explain the rights and duties of the company THE GLAMOROUS VISUAL ®, represented by Mr. Francesco Masiello, 58 rue Davy, 75017 Paris, FRANCE, SIRET (Company) nr 793 832 486 00013, APE (activity code) 7410Z (Design activities), and of its customers in the fulfillment of the following services:
- Visual Merchandising consultancy
Any service fulfilled by the company THE GLAMOROUS VISUAL ® implies acceptance of these general terms and conditions, without reserve of the customer.
Clause n° 2: Tariff policy
The service rates are those in effect on the day the order is accepted. They shall be expressed in euros and calculated net of VAT.
Consequently, travel expenses will be charged thereon as of the day of the order.
Standard rates will be increased by 25% for night interventions ( from 9pm to 6am ) and by 50% on Sundays and legal holidays (Articles L 3132-19, L 3132-27 and L 3122-39 of the French Labour Code ).
THE GLAMOROUS VISUAL ® reserves the right to modify its rates at any moment. However, it undertakes to invoice the services requested at the rates announced during the order recording.
Clause n° 3: Rebate
THE GLAMOROUS VISUAL ® does not grant any rebate.
Clause n° 4: Discount
No discount shall be granted in the case of early payment.
Clause n° 5: Paiement modalities
Payment will be carried out:
- via bank account transfer;
- via cheque.
Clause n° 6: Late payments
1) In case of total or partial non-payment of the services provided, Law No. 92.1442 of December 31st, 1992 requires the customer to pay to THE GLAMOROUS VISUAL ® a late penalty equal to 3 times the legal interest rate in effect on the day of the service:
2,97 % ( 3 x 0,99% ) annual rate for 2015.
This penalty is calculated on the amount net of tax of the remaining due sum, and runs as from the expiration date of the price without no setting in preliminary residence being necessary.
2) In application of the law of March 22nd, 2012 concerning its simplification, since January 1st, 2013, a compensation for recovery costs is due, in case of late payment in commercial transactions.
Therefore, for the claims whose deadline for payment started to run as from this date, the creditor can claim this fixed allowance whose amount is of 40 euros, in addition to the late penalties fees applicable by right.
Clause n° 7: Cancellation clause
If in the fifteen days which follow the implementation of the clause “Late payments”, the customer did not discharge the remaining due sums, the service will be solved and will open right to the allowance of damages to the profit of the company THE GLAMOROUS VISUAL ®.
Clause n° 8: Retention of title clause
The company THE GLAMOROUS VISUAL ® retains full ownership of the visual supports ( photographs, videos, handbooks, etc. ) produced and sold, until the total payment of the price, in the principal and accessories.
For this reason, if the customer is subjected to statutory reorganisation or to a compulsory liquidation, THE GLAMOROUS VISUAL ® reserves the right, as part of the collective procedure, to claim merchandise which has been sold but not yet paid for.
The customer expressly accepts that the service provider uses and shows the images of the services carried out via all types of media.
Clause n° 9: Realization of the service
The service may consist:
- in the direct fulfillment of the service at the customer’s point of sale;
- in sending out visual supports, request for on-site or telephone consultations, researches, purchase of equipment, etc.
The completion deadline of the service stated when the order is recorded, shall be intended for guidance purposes only, and shall not be guaranteed in any manner whatsoever.
Accordingly, any reasonable delay in the fulfillment of the service shall not entitle the customer:
- to damages;
- to cancel the order.
Clause n° 10: Force majeure
The company THE GLAMOROUS VISUAL ® shall not be held liable if its failure to perform any of its obligations described herein or late performance thereof arises from a case of force majeure.
In that respect, force majeure shall mean any unforeseeable and irresistible external event within the meaning of Article 1148 of the French Civil Code.
Clause n° 11: Court of competent jurisdiction
Any litigation relating to the interpretation and the execution of the present general terms and conditions shall be governed by the French Law.
In the absence of a friendly resolution, the litigation will be carried in front of the Commercial court of Paris.
