These General Terms and Conditions detail the rights and obligations of C2J and its customer with respect to the services specified below:
a) Analysis, design, and manufacture of physical communication spaces (in particular such as exhibition stands, etc.)
b) Ad-hoc installation services for physical communication spaces (including logistics, assembly, dismantling, technical support, rental, supply of disposable goods, etc.)
c) Design, manufacture, and installation of permanent physical communication spaces (such as showrooms, display units, reception areas, common areas, etc.)
The estimate drawn up by C2J for each order constitutes the special terms and conditions of sale, supplementing and/or modifying these General Terms and Conditions.
Any service carried out by C2J implies the customer's unconditional acceptance of these General Terms and Conditions.
Studies, plans, sketches, drawings ,and any other documents submitted or communicated by C2J remain its property. They may not be disclosed to third parties for any reason whatsoever by the customer without the specific prior written consent of C2J.
The order shall be deemed final when the customer returns to C2J the estimate, signed by him/her, along with payment of a deposit equal to 50% of the amount of the estimate, it being specified that the estimate is valid for two months. The return of the estimate signed by the customer without payment does not constitute a final order and shall not be binding on C2J.
The tariffs for the services, denominated in euros and calculated excluding VAT, are those agreed when the order is placed. They shall be subject to the VAT rate applicable on the day of signature, as required.
C2J reserves the right to change its tariffs at any time. However, C2J undertakes to invoice the services ordered at the prices indicated when the order is placed.
No discount will be granted for early payment.
Payment for services is made by bank transfer.
Payment terms are as follows:
Failure to pay in full or in part in accordance with the payment terms set out in article 5 of these General Terms and Conditions will result in a late payment penalty equivalent to three times the legal interest rate in force at the time of receipt.
Applied without any prior formal notice, this penalty is calculated on the outstanding amount (including VAT), from the due date.
In addition to the late payment penalty, non-payment of any sum by the due date will automatically give rise to the payment of a lump sum compensation of €40 to cover collection costs. (Articles 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code).
Without prejudice to the right to claim compensation for damage and/or loss suffered, in the event of non-performance by the customer of any of its obligations under these General Terms and Conditions and/or the signed estimate, C2J may automatically void these General Terms and Conditions and the signed estimate, pursuant to the provisions of Article 1225 of the French Civil Code.
It is expressly stated that C2J will not accept any cancellation of the order by the customer, with the exception of the services referred to in b) of article 1 hereof, solely in the context of temporary installations (such as exhibition stands), for which the following scale of payments will apply:
C2J retains ownership of the goods sold until full payment of the tariff, including the principal and ancillary costs. As a result, if the customer should go into receivership or liquidation, C2J reserves the right to claim back, as part of the insolvency proceedings, any goods sold for which payment is outstanding.
The transfer of risk clause transfers to the customer the risk of loss and/or damage of the goods sold with retention of ownership.
In the case of finished products, once the goods have been packaged and made available to the customer on C2J's premises, the customer shall bear all risks involved in loading and transporting the goods until they arrive at their destination (Incoterms® 2020: EXW, C2J premises in Annecy - France).
In the case of temporary installations, the transfer of risk to the customer occurs when the goods leave C2J's premises, i.e. as soon as the goods are handed over to the carrier (Incoterms® 2020: CPT, installation site), and until they are returned to C2J's premises.
With regard to permanent installations, C2J bears all risks relating to the transport of goods to the place of destination (Incoterms® 2020: DDP, installation site).
In the event of non-performance or delayed performance of one of the obligations specified in these General Terms and Conditions as a direct result of a case of force majeure as per article 1218 of the French Civil Code, such as, in particular, the occurrence of a natural disaster, an armed conflict, a labour dispute, a compulsory government order duly issued by the appropriate authorities, epidemics, quarantine, a disruption to transport and/or the supply of materials, or operational incidents (breakdown of machinery, fire, explosion, etc.), the party prevented from fulfilling its contractual obligations cannot be held liable.
In the event of the occurrence of such an event, the contract will be suspended until the passing, termination, or cessation of said case of force majeure. However, if it is not possible to resume performance of the contract within fifteen days of the occurrence of the event, C2J and the customer will convene to discuss an amendment to the contract.
Should an agreement not be reached, the contract will be terminated as of right, without compensation for either party, by the more diligent party.
Notwithstanding the existence of a case of force majeure, it is expressly agreed between the parties that any down-payments made and payment for services whose performance C2J has commenced before receiving notification of the existence of the case of force majeure by the customer, will be deemed due and may give rise to invoicing to be settled by the customer.
These Terms and Conditions are governed by French law.
Any dispute relating to the interpretation and/or performance of these General Terms and Conditions shall fall under the exclusive jurisdiction of the Commercial Court at ANNECY (74, France).
Should any of the clauses of these General Terms and Conditions of Sale prove to be null and void or inapplicable, the validity and applicability of the other clauses shall in no way be affected.
Information collected concerning the customer is subject to computer processing by C2J and is essential for the performance of the Agreement. The information and personal data are also kept for security purposes, in order to comply with legal and regulatory obligations. They will be retained for as long as is necessary for the performance of the services ordered.
The data controller is C2J, located at 6 Allée des Ajoncs, SEYNOD - 74600 ANNECY - FRANCE (email: firstname.lastname@example.org).
Access to personal data will be strictly limited to data controller employees who are authorised to process such data by virtue of their duties. The information collected may be communicated to third parties that are contractually bound to the data controller for the performance of outsourced tasks, without a requirement for the customer's authorisation.
In accordance with French law No. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Freedoms, as amended by Law No. 2004-801 of 6 August 2004, and by European Regulation No. 2016/679, the customer has a right of access, rectification, erasure, and portability of data concerning him or her, as well as the right to object to the processing of such data on legitimate grounds. These rights may be exercised by contacting the data controller at the postal or email address mentioned above, together with valid proof of identity.
In the event of a complaint, the customer may contact the Commission Nationale de l'Informatique et des Libertés (CNIL).