Terms of Sales
Last Update : September 13, 2018
ARTICLE 1 – Scope of application
1.1 These General Terms of Sale (hereinafter referred to as “ToS”) constitute, in accordance with article L441-6 of the Commercial Code, the sole basis of the commercial relationship between the parties.
Their purpose is to define the conditions under which the EMDAY association (hereinafter referred to as “the Service Provider”) supplies professional clients located in mainland France (hereinafter referred to as “the Clients” or “the Client”) who provide them with request, by direct contact, via the Service Provider's website or the accounts it holds on social networks or via paper support, the following services (hereinafter referred to as "the Services", "the Service", " the Services”, “the Service” or even “the Event” or “the Events”): event services on the themes of email marketing and digital marketing, and in particular the annual “EMDAY” event.
These Services are provided by the Service Provider itself, and/or by subcontractors chosen by the Service Provider, such as speakers invited to the Event to provide their expertise.
1.2 These General Terms and Conditions apply, without restriction or reservation, to all Services rendered by the Service Provider to Customers of the same category, regardless of the clauses that may appear on the Customer's documents, and in particular its General Conditions of Purchase.
1.3 Any Client requesting the Services of the Service Provider expressly declares to take this step as a professional.
1.4 In accordance with current regulations, these General Terms and Conditions are systematically communicated to any Customer who requests them, to enable them to place an order with the Service Provider.
Any order for Services implies, on the part of the Customer, acceptance of these General Terms and Conditions.
1.5 The Customer is expressly informed of the fact that the Service Provider uses a subcontractor for the management of its online ticketing. The general conditions of use of this subcontractor, accepted by the Service Provider, may for certain clauses directly involve the Client in their implementation, for example in the event of payment incidents.
Consequently, any order for Services implies, on the part of the Client, acceptance of the provisions of the general conditions of use of the Service Provider's subcontractor for the management of its online ticketing, for the clauses which involve the Client in their Implementation.
The general conditions of use of the Service Provider's subcontractor for the management of its online ticketing are systematically communicated to any Client who requests them.
1.6 In compliance with the regulations in force, the Service Provider reserves the right to deviate from certain clauses of these General Terms and Conditions, depending on the negotiations carried out with the Customer, by establishing Special Conditions of Sale.
ARTICLE 2 – ORDERS
2.1 The Customer who wishes to benefit from one of the Event Services organized by the Service Provider places an order (hereinafter referred to as “the Order”) to this effect on the website www.emday.fr, with a view to purchasing a ticket ( hereinafter referred to as “the Ticket” or “the Tickets”). The purchase by the Customer of the Ticket allowing him to participate in the Event in question is finalized as follows:
– Step 1 = The Customer selects the number and type of Tickets he wishes to purchase. The Tickets are thus inserted into its virtual “basket” managed by the Service Provider's subcontractor for online ticketing (to date the WEEZEVENT online ticketing system), via an application "encapsulated" in the Service Provider's website, in order to proceed with the online payment transaction .
– Step 2 = The Customer validates their basket then provides their contact details necessary to process their Order.
– Step 3 = The Customer checks the box provided for this purpose to confirm that he has read and accepts these General Terms and Conditions, as well as the general purchasing conditions of the Service Provider's subcontractor for online ticketing, then proceeds to pay for your Order online.
– Step 4 = Upon receipt of payment, the Customer receives a payment confirmation message from the Service Provider's subcontractor for online ticketing, then an e-mail confirming their purchase of Tickets by the Service Provider. The data recorded in the IT system of the Service Provider as well as the Service Provider's subcontractor for online ticketing constitute proof of all transactions concluded with the Client.
– Step 5 = In the email confirming the purchase of tickets, the Customer is invited by the Service Provider's subcontractor for online ticketing to download their tickets electronically, on their phone or computer.
No Ticket is issued to the Customer before he or she has paid the price online.
2.2 During the process of placing their Order, the Customer may modify or waive it up to the stage of online payment of the Ticket. Once payment for the Ticket has been made and the order confirmation message has been received by the Customer, no modification or cancellation of the order is accepted by the Service Provider, unless accepted in writing on their part.
2.3 In the presence of specific circumstances or constraints imposed on the Customer, the Service Provider may, by exception and at the Customer's request, give written agreement for individualized Order placement arrangements. Such special Order conditions are then only granted for the Order of a specifically identified Service, and do not grant the Customer concerned a general right for all of their Orders with the Service Provider.
In this case, once the Order has been validated by the Service Provider according to the specific terms defined by mutual agreement between the parties, no modification or cancellation of the Order is accepted by the Service Provider, unless written acceptance on its part.
ARTICLE 3 - PRICES
3.1 The authentic prices within the framework of the contractual relationship between the Customer and the Service Provider are those appearing on the Service Provider's website at the time the Customer places his Order.
The prices displayed by the Service Provider on its website may be differentiated depending on the formula associated with each Ticket sold. The Service Provider thus specifies on its website the content and scope of each Service associated with each price, which may vary for example depending on the number of days the Client is present during the Event, the mode of transport or accommodation. chosen by the Customer to go to the Event, or the Customer's catering method wishes.
Prices are expressed in “Euros Excluding Taxes (VAT)” or “Euros All Taxes Included (VAT)”.
3.2 The prices of Tickets allowing participation in Events organized by the Service Provider are displayed on the latter's website at the time of each opening of the online ticketing associated with each Event.
Indeed, these prices cannot be the subject of a predefined scale by being determined in abstracto, disconnected from the organization of the Event in question, insofar as they depend on fluctuating parameters, such as the nature of the Event organized and the prices charged by the Service Provider's partners or subcontractors, and in particular:
– by the speakers invited to host the conferences;
– by hoteliers and restaurateurs who are partners of the Event;
– by the rental company of the premises where the Event takes place;
– by public transport companies allowing transport to the venue of the Event.
In accordance with current article L441-6 II. of the Commercial Code, the Customer has the option of asking the Service Provider to communicate to him, at his request, the method of calculating the price allowing the latter to be verified.
3.3 These prices are firm and non-revisable during their period of validity, as indicated on the Service Provider's website at the time the Order is placed by the Customer, the Service Provider reserving the right, outside this period of validity, to change prices at any time.
3.4 In the event that the Service Provider's subcontractor for online ticketing decides to market the Service Provider's Tickets through its own partner networks, the remuneration of these partner networks could lead to the setting of a sale price final higher than that defined by the Service Provider on its website.
In such a case, the Service Provider declines all responsibility relating to this additional cost which it does not manage, and, in the event of difficulty, invites the Client to directly contact its subcontractor for online ticketing (to date WEEZEVENT , see in particular the article of its general conditions of use entitled “Object of the contract”).
3.5 Likewise, in the event that the Service Provider's subcontractor for online ticketing decides to invoice the Customer for management fees in addition to the initial price of the Ticket as announced on the Service Provider's website, the latter declines all responsibility relating to this additional cost which it does not manage, and, in the event of difficulty, invites the Customer to directly contact its subcontractor for online ticketing (to date WEEZEVENT, see in particular the article of its general conditions of use entitled “Fees and prices of Tickets, Products and services”).
ARTICLE 4 – Discounts, rebates and reductions
The Client may benefit from discounts, rebates or reductions depending on the number of Tickets purchased at one time for the benefit of the Service Provider's Services, or the regularity of its Service Orders or even the length of the commercial relationship between the Customer and the Service Provider.
Any discount, rebate or reduction being defined by the Service Provider in agreement with the Client during the commercial negotiation, the Client cannot claim a right to automatically benefit from a price reduction under these General Terms and Conditions.
ARTICLE 5 – Payment Terms
5.1 Payment deadlines
5.1.1 The price of Tickets giving access to the Service Provider's Services is payable in cash, upon placing the Order by the Customer, on the Service Provider's website and via the online payment platform made available by the Service Provider's subcontractor. for online ticketing.
5.1.2 In the presence of particular circumstances or constraints imposed on the Client, the Service Provider may, by exception and at the Client's request, give written agreement for individualized payment terms. Such special payment conditions are then only granted for the payment of a specifically identified Service, and do not grant the Customer concerned a general right for all their purchases from the Service Provider.
5.2 Payment methods
5.2.1 The following payment method can be used, on the online payment platform managed by the Service Provider's subcontractor (currently the WEEZEVENT online ticketing system): bank card (CB), by providing its contact details banking in the items provided for this purpose.
5.2.2 In the presence of special Order and payment conditions under the conditions described in articles 2.3 and 5.1.2 above, the following payments are also permitted: – bank transfer to the contact details provided by the Service Provider at the Client’s request; – bank check payable to “Email Marketing Day Association”. In this case, the check must be issued by a bank domiciled in mainland France or Monaco and its collection is carried out immediately by the Service Provider.
5.3 Discount
No discount is applied by the Service Provider.
5.4 Late payment – unpaid – penalties
5.4.1 Any delay in payment and disbursement of sums due by the Client beyond the deadlines set by the Service Provider automatically entails:
– the immediate payment of the sums due, without prejudice to any other action that the Service Provider may be entitled to take, in this respect, against the Client;
– late payment penalties, calculated at the monthly rate of 10% of the amount including tax of the price of the provision of the Services, which will be automatically and automatically acquired by the Service Provider, without any formality or prior notice;
– a lump sum compensation for recovery costs, in the amount of 40 euros, without prior notification. In addition, the Service Provider reserves the right to request additional compensation from the Client if the recovery costs actually incurred exceed this amount, upon presentation of supporting documents.
5.4.2 The Service Provider manages possible cases of non-payment due to the fault of the Customers by applying these General Conditions of Sale, as well as the general conditions of use of the services of its subcontractor for online ticketing (to date those of WEEZEVENT, and in particular the article of its general conditions of use entitled “Unpaid”).
ARTICLE 6 – Terms of supply of Services
6.1 The Services ordered by the Customer are provided by the Service Provider according to the terms indicated on its website, under the conditions provided for in these General Terms and Conditions, and in accordance with the scope of the Service to which the Ticket purchased by the Customer gives him access.
The Service Provider undertakes to provide the Service ordered by the Client in accordance with the Event schedule announced on its website.
6.2 Prior to its provision of Services, the Service Provider reserves the right to make any necessary modifications to the Event program with a view to its smooth running, without these modifications being considered substantial and causing any harm to the Event. Customer, regardless of the Services to which their Ticket entitles them.
Such non-substantial modifications may in particular consist of:
– a reorganization of the Event program, relating for example to the speaking slots for speakers;
– the replacement of a conference or workshop module with another deemed more relevant, with a view to adapting to current events and respecting the theme of the Event;
– the replacement of workers experiencing an impediment not attributable to the Service Provider.
6.3 The Service Provider's liability cannot under any circumstances be incurred in the event of delay or suspension of performance of the Service attributable to the Client or in the event of force majeure as provided for in article 7 below.
ARTICLE 7 – Force majeure – Inability of the Customer to benefit from the Service
7.1 The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of the article 1218 of the Civil Code.
The following events constitute a case of force majeure:
– strike, natural disaster or accident of any nature affecting the proper functioning of the services provided by transport companies, hotel and catering establishments, and more generally by any partner of the Service Provider contributing to the organization of the Event in question;
– interruption or any difficulty in accessing telecommunications networks and in particular the internet not being the responsibility of the parties;
– strikes, frost, flood, fire, storm, epidemic, supply difficulties, war, etc.
Consequently, the modification of the Service ordered by the Customer or its cancellation by the Service Provider due to a case of force majeure as defined above does not give rise to any reimbursement (partial or total) in favor of the Customer, nor to no compensation for any costs incurred by the Client for their participation in the Event.
7.2 If the Customer is unable to benefit from the Service ordered, no refund will be granted, in accordance with article 2 of these General Terms and Conditions, specifying that no cancellation of an Order is permitted.
Consequently, once the Customer has purchased his Ticket under the conditions of these General Terms and Conditions, no event affecting him (impediment of any nature such as illness or a transport strike) prohibiting him from participating (totally or partially) in the Event to which his Ticket gives him access will not be such as to grant him a right to reimbursement by the Service Provider.
ARTICLE 8 – Liability of the Service Provider – Guarantee
8.1 The Services provided by the Service Provider or its subcontractor comply with the regulations in force in France, with the elements of information transmitted to the Customer on the Service Provider's website at the time of placing the Order, with the information appearing on the Ticket purchased by the Customer as well as these General Terms and Conditions, and in particular the provisions of article 6.2 hereof. It is up to the Customer to prove any possible non-compliance. The Client, in his capacity as a professional, is solely responsible for consulting and choosing the Services offered by the Service Provider.
8.2 The Service Provider's liability can only be incurred in the event of proven fault or negligence and is limited to direct damage to the exclusion of any indirect damage, of any nature whatsoever.
In order to assert its rights, the Client must, under penalty of forfeiture of any action relating thereto, inform the Service Provider, in writing, of the existence of defects in conformity within a maximum period of 15 days from participation. to the Event in question. This writing should be sent by post to the following contact details: Email Marketing Day Association – 15 rue de la Maison Rouge 67600 SELESTAT.
The Service Provider will examine the elements criticized by the Customer in the Service provided and will assess the commercial action to be taken.
In any event, in the event that the Service Provider is held liable, the Service Provider's guarantee will be limited to possible compensation relating to the Services actually paid for by the Client, and within the limit of the price paid by the Client.
The Service Provider cannot be considered responsible or defaulting for any delay or non-performance resulting from the occurrence of a case of force majeure as described in Article 7 of these General Terms and Conditions.
ARTICLE 9 – Intellectual property rights – commercial notice
The Service Provider remains the owner of all intellectual property rights over the content of its website as well as all documents developed for the organization of its Services, and made known or even transmitted to the Client (program, power point, various conference materials or round tables, etc.). The Client therefore refrains from any reproduction or exploitation of these documents, without the express, written and prior authorization of the Service Provider, who may condition it on financial compensation.
ARTICLE 10 – processing of personal data
10.1 As part of the execution of the Services ordered by the Client, the Service Provider may be required to collect and process information qualified as “personal data” relating to natural persons.
This information collected by the Service Provider in this context is essential for the provision of the Services purchased by the Customer. The Service Provider ensures the protection, integrity and confidentiality of the personal information that it processes electronically in compliance in particular with the “Informatique et Libertés” law of January 6, 1978 and European Union regulation 2016/679 of April 27 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data.
10.2 The Service Provider may transmit this data to the following recipients:
– its subcontractor for online ticketing (to date the WEEZEVENT online ticketing system);
– its service provider for the management of its customer relations (to date NP6);
– its partner for the organization of the Event (to date the company Swapcard);
– its hotel and restaurant partners involved in the Event ordered by the Customer, and whose identity is brought to their attention via the Service Provider’s website at the time of placing the Order.
10.3 The information collected by the Service Provider is kept by it:
– during the 3 years following the Event in which the Client participated, so that on the occasion of the organization of a new Event similar to that in which the Client has already participated, the Service Provider can offer to renew his purchase if desired;
– and/or during the period when the Service Provider sends the Customer its “newsletter”, to which the Customer is automatically subscribed when purchasing a Ticket from the Service Provider.
In addition to the rights granted to each natural person whose data is collected and processed provided for in article 10.4 below, the Client may at any time inform the Service Provider of his wish to no longer appear in the mailing list of the various communications (newsletter and e-mails) from the Service Provider, by means of a link appearing at the bottom of each e-mail sent to it.
10.4 The natural person whose data is collected and processed by the Service Provider may at any time:
– withdraw consent to the processing of information transmitted to the Service Provider, without affecting the lawfulness of the processing based on the consent carried out before its withdrawal;
– request access to your personal data, rectification or erasure thereof, limitation or cessation of the processing of this data, or your right to data portability concerning him, by contacting the Data Processing Manager of the Service Provider, Mr. Régis BACHER: by mail at 15 rue de la Maison Rouge 67600 SELESTAT, by email (contact@emday.fr) or by telephone (06 71 37 19 57);
– lodge a complaint with the CNIL regarding the processing of personal data transmitted to the Service Provider.
ARTICLE 11 – Disputes – Attribution of jurisdiction
11.1 The choice of address is made by the Service Provider at: 15 rue de la Maison Rouge 67600 SELESTAT.
11.2 In the absence of amicable resolution, all disputes to which contracts for the provision of Services concluded under the conditions of these General Conditions of Sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences. will be subject to the jurisdictions of STRASBOURG, in BAS-RHIN (67).
ARTICLE 12 – Waiver
The fact that the Service Provider does not avail itself at a given time of any of the clauses of these General Conditions of Sale cannot constitute a waiver of its right to avail itself subsequently of these same clauses.
ARTICLE 13 – Applicable law – Contract language
These General Conditions of Sale and the purchase and sale operations resulting from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text will be authentic in the event of a dispute.
ARTICLE 14 – Customer Acceptance
These General Conditions of Sale are expressly approved and accepted by the Customer, who declares and acknowledges having perfect knowledge of them, and therefore waives the right to rely on any contradictory document and, in particular, his own General Conditions of Purchase , which will be unenforceable against the Service Provider, even if he is aware of it.