GTC-GU

BTOB AND BTOC
GENERAL CONDITIONS OF SALE E-COMMERCE
We invite you to read carefully the present general conditions of sale of the site, whose acceptance and respect are necessary so that you can use the functionalities which are proposed to you.

GENERAL PRESENTATION

The site https://events-mas.com/
The owner and editor of the site https://events-mas.com/ is the micro company M.A.S. registered in the RCS of Bourg-en-Bresse under the number 53980593 and whose head office is at 24 rue de Genève 01210 Ferney-Voltaire.
The micro company M.A.S is directed by A.Masella
Within the framework of its activity, the micro company M.A.S proposes to put in relation Internet users wishing to benefit from the services proposed by independent artists proposing artistic services. Thus, the micro enterprise M.A.S proposes requests for booking an artist for a service.
These General Terms and Conditions of Sale (hereinafter « GTC ») set out the rules applicable to the use of the site which you undertake to respect by accepting them as a customer (hereinafter « Customer »).
PURPOSE
First of all, it should be specified that, in accordance with the provisions of the introductory article of the Consumer Code, the term « consumer » means
« Consumer: any natural person who acts for purposes that are not part of his commercial, industrial, craft, liberal or agricultural activity;
Non-professional: any legal person who is not acting for professional purposes;
Professional: any natural or legal person, public or private, acting for purposes relating to his commercial, industrial, craft, liberal or agricultural activity, including when acting in the name of or on behalf of another professional.
With regard to professionals, the present General Terms and Conditions of Sale constitute, according to Article L.441-1 of the French Commercial Code, the sole basis of the commercial relationship.
The purpose of these General Terms and Conditions of Sale is to define the conditions under which the micro enterprise M.A.S (hereinafter referred to as « the Seller ») puts artists (hereinafter referred to as « the Artist ») offering artistic services (hereinafter referred to as « the Services ») in contact with consumers, professional clients and non-professional clients (hereinafter referred to as « the Client »).
The main characteristics of the Services are presented on the Seller’s website. Any photographs and/or graphics used to present the Services and the Artists have no contractual value and are only intended to illustrate the Services and are not binding on the Seller.
The Customer is obliged to read them before placing an order. The choice and purchase of an Artist’s booking for one or more Services is the sole responsibility of the Client.
These GTC are systematically communicated to all Clients prior to the conclusion of the contract and will prevail, where applicable, over any other version or any other contradictory document.
The Customer declares that he/she has read these General Terms and Conditions of Sale and that he/she has accepted them before concluding the contract. Validation of the order by the Customer implies acceptance without restriction or reservation of these General Terms and Conditions of Sale.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is the one in force on the day the contract is concluded.
ACCESS TO THE SITE
In order to access the site, the Customer must have the appropriate equipment, namely
A computer or ;
A smartphone ;
An internet connection;
And possibly the necessary software.
Access to the site is free of charge.
The costs of access and use of the telecommunications network, such as the costs linked to the use of remote communication technology, remain at the expense of the Customer, according to the terms and conditions set by his access provider and telephone operator.
For more information, the Client is invited to carefully read the General Conditions of Use.
ORDERS FOR BOOKING AN ARTIST FOR A PERFORMANCE
Placing the order and creating a « Client » account
The Client is invited to select between one and three Artists for the Service they wish to book.
The Artist and the Services selected can be viewed by the Client.
The Client has the opportunity to check the details of their order, its price and to correct any errors before confirming their acceptance.
It is the Client’s responsibility to check the accuracy of the order and to report or rectify any errors immediately.
The registration of the order on the site is carried out when the Customer accepts the GTC by ticking the box provided for this purpose, validates the order by proceeding with the payment of the deposit. This validation implies the acceptance of the entirety of these GTC.
The sale will only be definitive after the Client has received a confirmation SMS or email for his reservation. The Client is asked to provide a valid telephone number. The client is informed that the Artist will contact him/her within 24 hours to establish the terms and conditions for the performance of the Service.
The data recorded in the Vendor’s computer system constitutes proof of all transactions concluded with the Client, in accordance with the provisions of Article 1366 of the French Civil Code.
In accordance with article L.213-1 of the French Consumer Code, contracts for orders over 200 CH are kept by the Seller.
Modification of the reservation [possibly when it is possible for the seller].
Any changes to bookings can only be taken into account by the Seller by sending an email to the Seller, on a case by case basis.
The Customer will receive a confirmation of the modification by e-mail.
If the Customer does not receive this e-mail, this means that the modification of the order has not been validated by the Seller. There is no need to repeat the process.
It should be emphasised that the Seller is not obliged to accept a request to modify an order.
Cancellation of the order
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over the payment of a previous order.
The Customer may cancel his order in the following cases:
Either in the event of the exercise of his right of withdrawal when this is possible;
Or in the event of force majeure as defined in these GTC;
Or, outside of the aforementioned cases, at any time without any reason for the Customer. In the latter case, if the Client’s payment has been debited, he/she will not receive a refund.
The Seller or the Artist may cancel the Service but the Seller will make every effort to put the Client in touch with other Artists. In the event of failure to find a replacement Artist, the Seller undertakes to reimburse the Client within a maximum of 30 days.
Postponement of the Booking
In application of governmental decisions related to restrictions in the face of the Covid-19 epidemic that may be taken in the future, the Seller will offer the Client a postponement of the reservation in the form of a credit note, without any restriction on the duration. The Seller cannot guarantee the availability of the same Artist on a rescheduled date.
If the Client refuses to reschedule the booking at a later date, he/she will not be entitled to a refund.
PRICE OF THE MATCHMAKING SERVICE AND THE ARTIST’S PERFORMANCE
The Matching Service is provided at the rates in force on the site at the time the order is placed.
The prices are expressed in Euros, exclusive of tax (or « HT »), and/or inclusive of all taxes (or « TTC »).
The prices do not take into account any discounts or promotions.
Discounts and/or promotions will appear on the order summary before the order is confirmed.
The prices of the Services will appear on the Site.
The price of the Artist’s Service must be paid on the day of the Service but before the start of its execution.
PAYMENT CONDITIONS
Payment methods
The price of the referral is payable in full, in cash, on the day the order is placed by the Client, according to the following methods:
In cash,
bank transfer,
By credit card: CB, Visa, MasterCard, American Express, … .
The Site uses the Stripe security system linked to the Site’s account. This is one of the most advanced and secure online payment solutions.
The Seller may issue an invoice at the Customer’s request.
Payment by credit card is irrevocable except in the event of fraudulent use of the Customer’s card. In this case, the Seller invites the Customer to contact his bank to request the cancellation of the payment.
The Seller uses a payment service provider and refers the Customer to its own General Conditions of Use.
Payment for the Artist’s Service must be made directly to the Artist according to his or her own terms and conditions before the Service begins.
WITHDRAWAL PERIOD
In accordance with the legal provisions in force, the Client has a period of fourteen days from the confirmation of the order for the booking of the Artist to exercise his or her right of withdrawal from the Vendor, without having to justify his or her reasons or pay a penalty.
The right of withdrawal may be exercised online, using the withdrawal form available on the website, in which case the Vendor will immediately send the Client an acknowledgement of receipt on a durable medium, or any other unambiguous statement expressing the wish to withdraw.
A withdrawal form is attached.
If the right of withdrawal is exercised within the aforementioned period, only the price of the booking of the Artist will be refunded.
The refund will be made within 14 days of the notification to the Seller of the decision to withdraw.
In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts
1° For the supply of services fully executed before the end of the withdrawal period and whose execution has begun after the consumer’s prior express agreement and express renunciation of his right of withdrawal.
Thus, if the reserved Service took place before the end of the withdrawal period, the Client will have previously waived the right of withdrawal.
OBLIGATIONS OF THE CLIENT
The Client is informed that the Services can only be performed in the presence of a total of three participants.
If this is not the case, the Artist may refuse to carry out the Service and the Client will be liable for payment.
The Client undertakes to respect the Artist during the performance of the Service and therefore undertakes not to make any inappropriate comments and/or behave in any way. The Client guarantees the safety of the Artist. The Artist reserves the right to terminate the performance, which will not give rise to any reimbursement to the Client.
The Client is required to respect the times indicated when the order was placed and to be contactable.
If the Client is late, the Artist reserves the right not to carry out the Service and no refund will be given.
The Client must provide the Artist with :
A clean, lighted, heated room, out of sight, to be used as a dressing room for the Artist to prepare before the Performance. In this respect, it is the Client’s responsibility to disinfect the room;
A chair without armrests, without castors, solid and stable. Stools and poufs are strictly forbidden in order to avoid any risk of the Artist falling;
A subdued atmosphere with indirect lighting or several accent lights;
A headband or scarf to cover the eyes;
Audio equipment (such as Bluetooth speakers) to play the Artist’s soundtrack.
The Client undertakes to do whatever is necessary to respond to the Artist’s requests in order to ensure the smooth running of the performance.
The venue for the performance may be :
Indoors: the Client must make as much room as possible and ensure that the chosen environment is suitable in terms of volume and safety;
Outside (garden, balcony, etc.): the Artist may not carry out the Performance outside if there is a risk of indecency or exhibitionism.
OBLIGATIONS OF THE ARTIST
The Artist undertakes to provide accurate information, particularly regarding his/her age and to be of age.
The Artist is an independent service provider. He/she is insured in his/her own name for the needs of his/her activity. He/she is responsible for meeting his/her administrative, tax and accounting obligations.
The Artist declares that he/she has the qualifications, skills, legal authorisations and material resources required to perform the Services ordered by the Client.
The Artist undertakes to do everything possible to carry out the Work ordered in a satisfactory manner and in compliance with safety rules and standards. The Artist undertakes to provide a professional, artistic and non-vulgar performance.
The Artist undertakes to be punctual and to respect the agreed schedule. If the Artist is late, he or she must take the necessary steps to make up for the delay.
The Artist must regularly update his/her photo book.
The Artist guarantees that the performance will last at least 15 minutes and that he/she will be present for 45 minutes.
The Artist undertakes to contact the Client within 24 hours of the booking being confirmed.
In the event of cancellation by the Artist, the Vendor reserves the right to request payment from the Artist of the cost of the connection paid by the Client to the Vendor.
The Artist undertakes to receive payment for the Service before it begins. Failing this, the Vendor will not be liable in the event of difficulties and/or default of payment.
The Artist may refuse to carry out the Service if the location chosen by the Client is not suitable for his or her safety.
TERMINATION
These GTC may be terminated by either party in the event of non-performance by the other party of one or more of its obligations.
In this case, the Party that considers that its co-contractor is in breach of one or more of its obligations shall notify the other Party of its intention to terminate the contract in advance, indicating the nature of the breach it is criticising, by registered letter with acknowledgement of receipt. 
The termination will only become effective at the end of a period of thirty (30) days after this notification, unless within this period the Party in default has fulfilled its contractual obligations as provided for in the terms and conditions of the GCS.
  The exercise of this right of termination shall not exempt the Party having been put on notice to comply with the GTC from fulfilling its obligations under the contract until the effective date of termination, without prejudice to any damages it may have to pay to the other Party bearing the non-performance of the contractual obligation. 
Early termination shall be notified by a new registered letter with acknowledgement of receipt and shall take effect from the date of its first presentation, the postmark being taken as proof. 
Such termination shall take effect as of right and without the need for judicial intervention.
The Seller may terminate at any time in the event of non-payment by the Customer.
INSURANCE
The Seller is the holder of an insurance policy guaranteeing the pecuniary consequences of its civil and criminal liability.
SELLER’S LIABILITY
It should be remembered that the Seller is subject to an obligation of means. Thus, the Seller must do everything in his power to offer the Client an Artist who is available for the requested Service, but the Seller cannot be held responsible in the event of failure.
The Vendor cannot be held responsible if the Artist or the Client does not comply with their respective obligations.
The Vendor cannot be held liable for any damage caused during the performance of the Services, nor for the behaviour and any offences committed by the Artist or Client.
In any event, the amount of the damage may not exceed the price of the product and/or service.
INTELLECTUAL PROPERTY
All the elements that make up the site, and in particular the brands, logos, texts, data, drawings, graphics, photos, animations, sounds, computer codes, arrangements, assemblies of all or part of an element of the site, are and remain the property of the Vendor or of his beneficiaries.
The reproduction of all or part of this site or the elements that make it up on any medium whatsoever is formally forbidden, except with the express prior authorisation of the Seller. Reproduction is only authorised for the exclusive purpose of information for personal and private use. In general, any reproduction must mention the name of its author. 
All the contents of the site (images, texts, databases, etc.) are subject to French and international legislation in force in terms of intellectual property (copyright, trademark law, database law, etc.).  
If the Customer finds that elements published on the site infringe copyright or other protected rights, please contact the Seller at contact@events-mas.com by mail at 24 a rue de Genève 01210 Ferney-Voltaire France. 
Furthermore, it is reminded that in accordance with article L.342-1 of the Intellectual Property Code, it is strictly forbidden to download all or a quantitatively substantial part of this database by using robots or any other automatic extraction process. 
PROTECTION OF PERSONAL DATA
In accordance with the provisions in force and in particular with Law 78-17 of 6 January 1978 relating to information technology, files and freedoms and Regulation No. 2016/679 General on the protection of individuals with regard to the processing of personal data and on the free movement of such data (or « RGPD »), the Vendor is required to collect the Customer’s personal data necessary for the processing of his order and for the preparation of invoices.
This data may be communicated to any of the Seller’s partners and subcontractors responsible for the execution, processing, management and payment of orders.
For details of the Customer’s rights, the reasons for processing and the measures taken to ensure security, the Seller invites the Customer to go to the « Data privacy policy » page and to read it carefully.
All the photos of the artist sent to the customer for the selection of his service provider remain the property of the artist and the customer undertakes not to use them for any other purpose than that agreed, and not to publish them on the Internet, magazines or any other means of publication.
The photos of the artist made available to the seller in the context of an advertising visual, may only be used once the flyer poster project advertising visual has been completed and accepted by the artist. If the Service Provider is unable to follow up on the presentation, the advertising visual, including the photos of the Artist, may not be used without the consent and authorization of the Service Provider.
FORCE MAJEURE
In accordance with the provisions of Article 1218 of the Civil Code, « Force majeure occurs in contractual matters when an event beyond the control of the debtor, which could not reasonably be foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from fulfilling his obligation.  
If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract shall be terminated ipso jure and the parties shall be released from their obligations under the conditions provided for in Articles 1351 and 1351-1. 
The liability of either party under these GTC is expressly excluded in the event of non-performance or delay due to any case of force majeure.    
Force majeure shall mean any event that the Parties could not reasonably foresee and control at the time of signing these GTCs, and which is therefore of an inevitable, unforeseeable and irresistible nature.
If such an event of force majeure should occur, the Party affected by this event shall immediately notify the other Party within five (5) days of the occurrence of the said event. The performance of the services will then be suspended for the duration of the event. As soon as the event has ended, the prevented Party shall notify the other Party and shall immediately resume performance of the services.      
After a period of fifteen (15) working days from the occurrence of the force majeure event, the other Party may choose to terminate this contract, by notifying the prevented Party, without compensation.   
UNENFORCEABILITY OF THE GENERAL CONDITIONS
Except with the prior written agreement of the Parties, the benefit of these GTC may not be transferred by either Party to a third party.
COMPLETENESS OF THE GENERAL TERMS AND CONDITIONS
These GTC express the entire agreement between the Parties. It replaces any previous agreement of the Parties having the same object. 
The fact that one or other of the Parties does not take advantage, at a given moment, of any of the present conditions of the GTC, cannot be interpreted as a renunciation to take advantage of any of the present conditions at a later date. 
NULLITY
The nullity of one of the clauses of these GTC does not imply the nullity of the whole and, in general, if one or more stipulations of the GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations shall retain all their force and scope.  
The Parties then agree to replace the clause declared null and void by a clause that is most similar in content to the clause initially agreed upon, and given the initial intention of the Parties, so as to maintain the economic balance of the GCS. 
The same principles shall apply in the event of incomplete provisions. 
APPLICABLE LAW, MEDIATION AND JURISDICTION
The validity, performance or non-performance and interpretation of the GTC shall be governed by French law.
Prior to any litigation, the Parties shall endeavour to resolve amicably any dispute that may arise between them in relation to these GTC.
For consumer Customers, the Seller invites the Customer to write to it by e-mail to inform it of its difficulty in order to find an amicable solution.
In the event of failure to reach an amicable solution, Consumer Customers may, if they wish, refer the matter to the Consumer Ombudsman, whose contact details are as follows:
The mediation process is free of charge for consumer customers.
In the absence of an amicable agreement, the dispute will be submitted to the jurisdiction of the competent courts of the Paris Court of Appeal, even in the event of an appeal for damages or multiple defendants. 
APPENDIX FOR CONSUMER CUSTOMERS
APPENDIX 1 – Withdrawal form
This form must be completed and returned only if the consumer Customer wishes to withdraw from the order placed on the site, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
For the attention of the micro enterprise M.A.S
Order from ………………………………………..
Order number: …………………………………………………..
Customer name: …………………………………………………………………
Customer’s address: ……………………………………………………………..
Customer’s signature (only if this form is notified on paper):