GENERAL SALES CONDITIONS
A - PARTICIPATION CONDITIONS
Only those French and foreign companies presenting products and services which are compatible with the spirit of the event may participate in the Trade Fair. In regards to this point, the Organizer reserves the right to refuse to allow any and all companies to participate. If an application is rejected, this shall not give rise to any compensation whatsoever and in this case all amounts paid shall be purely and simply reimbursed outright. The location of exhibition stands is given on a non-contractual basis.
By signing an admission application, Exhibitors automatically agree to comply without restriction or reserve with the clauses of this Contract and with all new provisions that may be required due to the circumstances and adopted in the interest of the event by the Organizers who reserve the right to notify Exhibitors thereof, including verbally.
Exhibitors have no right to transfer or sub-lease all or part of their space.
B - FITTING OUT EXHIBITION STANDS - SURFACE AREAS
1- The Organizer shall give an indication of surface areas which is as precise as possible via the floor plans sent to Exhibitors. However, it is the responsibility of Exhibitors to check that the surface areas are correct prior to fitting out exhibition stands. The Organizer shall draw up the floor plan for the event and shall allocate spaces taking into account, to the greatest extent possible, specific requests made by Exhibitors, the types of articles they have and the layout of the exhibition stand they plan to install. The Organizer reserves the right to modify the size and the layout of surface areas requested by Exhibitors any time the Organizer deems necessary. Participation in previous events does not give Exhibitors the right to a specific location.
2- In the event of a dispute between Exhibitors and the General Commissariat, the Commissioner General shall be asked to arbitrate the case and his/her decision shall not be subject to appeal.
3- Items installed by Exhibitors on their exhibition stands may in no event be located beyond the limits of the space of the modular exhibition stand itself and are limited to 2.4 meters in height. It is prohibited to make any changes to the exhibition stand structures, to install awnings on the ceiling and to put decorative items or any other materials on the structures of the exhibition stands installed by the Organizer. Exhibitors who wish to fit their exhibition stands out using additional structures must submit a mandatory scale model to the General Commissariat for approval at the latest one month prior to the opening of the Exhibition. The fitting out of exhibition stands must in no event prejudice other neighboring exhibition stands, the overall decor of the Exhibition and the spirit of the Exhibition.
4- In special or litigious cases and for matters relating to safety, Exhibitors will be asked to apply for authorization from the Police Prefecture Safety Commission (Commission de Sécurité de la Préfecture de Police). Exhibitors must supply proof of such authorization to the General Commissariat. Illuminated signs must be authorized in writing.
5- The premises must be returned by Exhibitors in the same physical state they were in when they took possession of them for use. Exhibitors are liable for damages caused by their structures to the flooring, partitions, showcases, etc. Exhibitors must bear the expenses incurred for repair works if required.
6- The Organizer reserves the right to revise rental prices charged for exhibition spaces in the event of major changes prior to the opening of the Exhibition in the cost of materials, transport and workmanship, as well as labor laws in force.
C - GENERAL SERVICES
Participation fees include the following services: General Commissariat; comprehensive organization of the Trade Fair, lighting, heating and air-conditioning; general and special signposting for each exhibition stand; floral decoration of common areas; reception of visitors (hostess, cloakroom, Exhibition map), cleaning of common areas during the Exhibition and in the evening; technical assistance during the Exhibition; civil liability and fire insurance; night and day guard services; fire safety; Exhibition promotion (advertising and public relations); invitations (quantity according to the attached explanatory document).
D - SPECIAL SERVICES
Please refer to the Contract and explanatory document attached hereto.
E - SERVICES NOT INCLUDED
All services which are not referred to in the Contract signed by Exhibitors and the explanatory document attached hereto are not included in the participation fees and must be contracted separately as an option. This is the case, for example, of electrical outlets, sound systems, floral decoration inside exhibition stands, parking costs and special insurance.
1- Electricity
All requests for electrical hook-up must be sent directly to the Organizer via the technical file 1 month prior to the opening of the Exhibition. Electrical installations must be in compliance with the specifications of the Police Prefecture. The Police Prefecture formally prohibits the use of flex leads, aluminum or armor-plated cords and splicing. Special equipment for low-voltage fluorescent tubes must be easily accessible and located under metal casing.
2- Catalogue
The Organizer reserves the exclusive right to directly publish a catalogue and to ensure distribution thereof within the confines of the Exhibition. Information required to draft the catalogue shall be supplied by Exhibitors under their own responsibility. In no event may the Organizer be held liable for omissions, errors in reproduction, composition or other errors which may occur. The Organizer has the right to refuse publication and to modify any statements which appear to run contrary to the interest of the event.
3- Installation and removal
Merchandise must not be sent directly to the Exhibition site under any circumstances. Each Exhibitor must make its own arrangements to ensure transport and receipt of packages. Installation works must be completed the day before the opening of the Exhibition (please refer to the Exhibitor's Handbook). Handling of merchandise may only be performed outside of opening hours. Removal must be performed during the hours stated in the specifications. Each Exhibitor must appoint a person to be in charge of the safety of that Exhibitor's equipment and merchandise and the swift removal thereof.
F - PAYMENT CONDITIONS
1- Participation fees are payable at the latest 60 days before the Trade Fair is held. Reservations made after this date must be paid for in full at the time the order is placed.
2- Any payments not made within this time limit may lead to cancellation of the order form and payment of all costs that remain due to the Organizer.
In this case, the Organizer reserves the right to dispose of the exhibition stand that has been freed up for the purposes of rental.
3- The Organizer reserves the right to take as security the objects exhibited to decorate the exhibition stand in the event of failure to pay or claims giving rise to payment of costs or compensation.
G - CANCELLATION CONDITIONS
1- Exhibitors who wish to cancel their participation in the Exhibition must do so by way of registered letter, return receipt requested. If Exhibitors cancel more than 2 months prior to the date of the Trade Fair, 50% of the rental value shall be due to the Organizer. If Exhibitors cancel less than 2 months prior to the date of the Trade Fair, the full rental value shall be due to the Organizer.
2- If Exhibitors have not occupied their spaces and have not started installing their exhibition stands two hours prior to the opening of the Exhibition, they shall be considered to have dropped out and the Organizer may dispose of the Exhibition Stands without reimbursement or compensation being owed.
H - OBLIGATIONS OF EXHIBITORS
1- Exhibitors may not host other companies at their exhibition stands and may not engage in advertising in any way whatsoever for firms which are not Exhibitors.
2- Exhibitors may not distribute documents or brochures outside of or in front of their exhibition stands.
3- Sound system use must remain at a volume which is compatible with the due and proper organization of the Trade Fair and must respect the enjoyment of neighboring Exhibitors. If Exhibitors do not comply with warnings given, the Organizer reserves the right to cut off the electricity servicing the relevant exhibition stand. Electricity will only be turned back on once an express meeting has been held between a duly appointed member of the Exhibitor's General Management and the Organizer.
4- Exhibitors may not affix posters, announcements or sign postings on the outside partitions of their exhibition stands or elsewhere within the Trade Fair.
I - INSURANCE POLICIES
Civil liability insurance is covered by the Organizer. Fire and water damage insurance is covered by the Manager of the Exhibition Space. Rented furniture is insured by the rental company. All Exhibitors must mandatorily contract blanket insurance for exhibitions to cover theft and damages. The Organizer may not be held liable for theft of or damages to clothing or personal effects of the Exhibitors or visitors even if they are put in the cloakroom or damages or accidents for which the renter of the premises used is liable.
J - MISCELLANEOUS PROVISIONS
The Organizer of the Exhibition is vested with all powers to change the opening and closing hours of the Exhibition and to decrease or increase its duration without this giving rise to any claims for compensation. The days and opening hours are set by the Organizer. Entrance cards shall be made available to Exhibitors. They must be distributed free of charge by Exhibitors to their personnel. These cards may not be used in connection with any commercial transaction of any type whatsoever or as invitation cards for Exhibitors' customers.
If the Exhibition cannot take place due to any type of force majeure event whatsoever, Exhibitors agree that they will not take any action against the Organizers. After payment of expenses incurred, the balance available will be divided up among the Exhibitors pro rata to the payments they have made.
The Organizer is exempt from all liability for any damages whatsoever (including lack of enjoyment and any commercial damages) which Exhibitors may suffer for any reason whatsoever, including inter alia, if the Exhibition opens late, ends early, does not open or if Exhibition Stands are closed or destroyed or in the event of fire or any loss whatsoever, etc.
Visitors
No one shall be authorized to enter the event unless they present a ticket issued or authorized by the Exhibition administration. The Exhibition administration reserves the right to refuse entry to any person whatsoever, without having to give the reasons.
In-session rules
Take-out sales are prohibited. Exhibitors commit themselves to receiving visitors at their exhibition stands throughout the entire duration of the session up until closing time. The exhibition stands must be impeccably clean at all times and must be decorated and well-stocked throughout the entire duration of the Exhibition. Exhibitors must have a person at their exhibition stand who is responsible for general housekeeping and who has valid authorization to deal with General Commissariat services. During opening hours, it is prohibited to leave exhibited items covered and it is further prohibited to engage in cleaning of the exhibition stands. Personnel employed must be dressed properly and must have a courteous attitude. Interviews or investigations by newspapers, periodicals, magazines or private firms are strictly prohibited inside the Exhibition, unless prior approval from the General Commissariat is given. Use of video and all other audiovisual processes is authorized. In the event Exhibitors fail to comply with these rules, they shall forfeit all possibility of participating in the next event.
Reproduction rights
Photographers and filmmakers are not allowed admission unless authorized by the General Commissariat. Regarding all aspects that are not covered under the provisions of this Contract, Exhibitors accept outright the conditions laid down in the general rules adopted for all specialized exhibitions.
Customs
It is the responsibility of Exhibitors to complete customs formalities for equipment and products of foreign origin. The Organizer may not be held liable for difficulties that may arise in connection with these formalities.
K - DISPUTES
1- The Organizer has the right to decide on all cases that have not been provided for in this Contract. All decisions made by the Organizer are not subject to appeal and are immediately enforceable. In the event of a dispute, Exhibitors agree to submit their claim to the Organizer prior to taking any legal action. Exhibitors expressly consent to the fact that any action filed after the expiration of a 15-day period as of the date of such claim shall be deemed inadmissible.
2- In the event that a dispute arises during the Trade Fair or in connection with the interpretation of this Contract, the Parties expressly agree that the Commercial Court of Paris (Tribunal de Commerce de Paris) shall have jurisdiction, even in the case of multiple defendants.
3- In the event Exhibitors violate one of the clauses of this Contract or the Trade Fair Rules defined by the Organizer or violate verbal rules laid down on Exhibitors by the Organizer, they shall be banned and immediately evicted. Such eviction shall be performed without the Exhibitors responsible for such violations having any right to claim reimbursement of amounts paid by them or any compensation of any type whatsoever and without prejudice to any other compensation in the event the violation causes material or consequential damages to the event of any type whatsoever. The Organizer may dispose as it deems fit of the spaces left free on this account. All measures the Organizer is forced to take in order to ensure compliance with the rules shall be performed at the full expense and risk of Exhibitors who made this necessary. In this case, these Exhibitors shall have no right to take any action against the Organizers.
GENERAL CONDITIONS OF ACCESS, USE AND SALE VIA BEDOUK EDITIONS WEB SITES
Bedouk Editions publishes the following information and professional services Web Sites:
Bedouk Editions is a French commercial company in the form of a "Société par actions simplifiée" with a capital of € 700,000 and head office located at 12-14, rue Médéric – 75017 Paris, France, registered with the Trade and Companies Register of Paris under No. 326 068 822.
The Director of Web Site Publications is Mr. Monsieur Philippe Santini in his capacity of Chairman of Bedouk Editions.
1- PURPOSE AND ACCEPTANCE OF THE GENERAL AND SPECIAL CONDITIONS OF BEDOUK EDITIONS WEB SITES AND THEIR SERVICES
Access to Bedouk Editions Web Sites is subject to the acceptance by the user of these general conditions of access and use (hereinafter referred to as the General Conditions). Therefore, they constitute an agreement between Bedouk Editions and the User, the terms and conditions of which may be modified by Bedouk Editions. The User is thus encouraged to regularly consult the latest updated version thereof, accessible at all times on the home pages of the above-mentioned Web Sites.
These General Conditions are designed for the purpose of defining the terms and conditions applicable to access and use of the services directly and indirectly offered by Bedouk Editions Web Sites and in particular, the rights and obligations of the Parties.
Some of the services offered via Bedouk Editions Web Sites are also governed by Special Conditions, determined based on the various offers. Access to and use of a given service is deemed to involve prior consultation and acceptance of these Special Conditions which, where applicable, constitute an integral part of this Agreement.
Unless otherwise specified, any upgrading of existing services or any new services shall be subject to these General Conditions.
Users who do not wish to accept these General Conditions or any of the Special Conditions applicable to the services offered are asked to refrain from any use of Bedouk Editions Web Sites.
These General Conditions and Special Conditions are the only to apply. Any tolerance regarding compliance may not be construed to be a waiver of any of the rights or obligations inherent in this Agreement.
2- CONDITIONS OF ACCESS TO SERVICES
Services are accessible via Internet, including inter alia, through the URLs referred to above. Bedouk Editions reserves the right to momentarily suspend access to Services or some of the Services
without warning for maintenance purposes and without lack of availability of Services giving rise to any compensation whatsoever.
In addition, considering the very nature of Internet, the User hereby acknowledges and accepts that Bedouk Editions cannot be held liable for any interruption or alteration of access to its Services that may be caused by the network itself, resources used by the User to connect or any other cause not attributable to Bedouk Editions.
It is hereby specified that all hardware and software required to use the Services are at the sole expense of the User.
2.1 Registration
Bedouk Editions Web Sites are free access and free of charge.
The use of some Services requires Users to identify themselves. Visitors register on the Web Site and select their identification data: user name and password.
Users are solely liable for any use made of these codes and are solely responsible for keeping them confidential, as well as for all use of their accounts. Users agree to immediately inform Bedouk Editions of any unauthorised use of their accounts and any breach of confidentiality or security of Users' identification resources.
Bedouk Editions may in no event be held liable for any loss or damage resulting from failure to comply with the obligations set forth in this Article.
2.2 Registration Data
Users agree to supply true, correct, updated and full information on their identity, position, the identity of their company, together with all other information requested in the form.
Users agree to regularly update all of this information. A hyperlink available when Services are accessed allows Users to make any changes required to their registration data supplied.
In the event Users supply false, incorrect, outdated or incomplete registration data, Bedouk Editions shall have the right to suspend or shut down their accounts without notice and refuse them access to all or part of the Services immediately and for the future.
2.3 Personal Data
In compliance with the French Law on Information Technologies and Liberties dated 6 January 1978, customers have a right to access, correct and withdraw all personal data they have provided to Bedouk Editions. Customers may exercise their rights by sending an e-mail to the following address: cnil@bedouk.com. In compliance with this Law, a declaration for the collection and the storage of personal data performed by Bedouk Editions has been filed with the French CNIL (Commission Nationale Informatique et Libertés).
Pursuant to the French Law on Trust in the Digital Economy dated 21 June 2004, personal data of Bedouk Editions' customers may be used by Bedouk Editions for marketing purposes relating to similar products or services as those previously provided either free-of-charge or for a fee. These data may also be provided to third parties for marketing purposes in connection with customers' business activities.
Customers have the right at all times to oppose such use of data concerning them by sending an e-mail to the following address: cnil@bedouk.com or by following the procedure indicated in every marketing-based e-mail that Bedouk Editions sends them.
For the purpose of ensuring that the Services operate properly and efficiently and in particular, in order to allow customers not to have to identify themselves each time they access a Service, with the exception of initial access, Bedouk Editions shall use cookies, i.e., files that allow customers to be identified each time they connect. Customers may access all data contained in these files relating to cookies in compliance with Article 34 of French Law dated 6 January 1978. Customers may refuse the use of these cookies by programming their browsers.
3- USE OF SERVICES
3.1 Users' Obligations
Users agree to comply with the legal and regulatory provisions in force. In particular, they agree not to use Bedouk Editions Web Sites and Services to create, write or commit, transmit or communicate any message, information or content of any type whatsoever that is illegal, including inter alia, contemptuous, insulting, defamatory, abusive, violent, obscene or pornographic or inciting discrimination or hatred based on race, religion, gender or other, or inciting crimes and offences or vindicating crimes or of a nature that could alter the operation of computer systems in any way whatsoever.
Likewise, Users agree to respect the rights of third parties, in particular the right of all individuals to privacy, and all intellectual property rights (copyright, rights related to copyright, rights to databases, rights to trademarks, rights to patents, designs and models, manufacturing secrets, etc.). In particular, Users agree not to disclose confidential or secret information of any type whatsoever that they may have access to via Bedouk Editions Web Sites or Services.
In addition, Users agree not to engage in any unauthorised assumption of any capacity, attribute or identification that could be misleading or create any confusion whatsoever as to their identity, the origin of messages or other contents they circulate or transmit and not to divert data or information they may have knowledge of or use such data or information to divert clientele or all or part of Services offered.
Users agree to comply with and have complied with all secured access and more generally, not to interfere with or disturb access and operation of the Services offered by Bedouk Editions and related technical resources.
Finally, Users agree not to transmit via Bedouk Editions Web Site Services unsolicited messages of an advertising or promotional nature, chain letters or other and to apply for the express and prior authorisation of Bedouk Editions to set up any link to or with the Services offered by Bedouk Editions.
3.2 Liability of Users
Users are solely liable for the use they make of the Services available through Bedouk Editions Web Sites and more generally, any use made via their accounts.
In particular, Users are solely liable for the use they make of information, messages or data of any type available via Bedouk Editions Web Site Services and are solely liable for decisions or action taken by them based thereon to the exclusion of any other liability of any other person.
Users have sole capacity to judge how exhaustive or useful contents consulted are for them. Consequently, Users agree to use Bedouk Editions Web Site Services with discernment and to bear all risks related thereto.
Users shall be held liable towards Bedouk Editions and third parties for any direct or consequential damages of any type whatsoever caused by contents or any other piece of information communicated, transmitted or circulated by Users on Bedouk Editions Web Sites or via the Services offered thereon, as well as any breach whatsoever of this Agreement.
Consequently, Users agree to indemnify and hold harmless Bedouk Editions, as well as its affiliated companies and partners, in the event of any legal action or court sentence on this account.
Users accept to comply with any measures implemented by Bedouk Editions pursuant to the laws in force.
4- LIMITATION OF LIABILITY
Bedouk Editions is under the obligation to make its best efforts to perform this Agreement ("obligation de moyen") and not to achieve certain results, as understood under French law.
4.1 Content transmitted
Bedouk Editions shall make its best efforts to ensure the quality of the information it transmits.
However, liability for messages, information and more generally, all content available via Bedouk Editions Web Site Services shall be borne solely by the author thereof or the person having issued them. Consequently, Bedouk Editions cannot be held liable for messages, information or content that it did not produce directly and in particular, for their truthfulness, relevance and generally speaking, for any error or omission they may contain. Consequently, Bedouk Editions cannot be held liable for any damages whatsoever that may result therefrom.
To the extent possible, authors or producers of content shall be identified on the Web Site as regards content relevant to them.
4.2 Relations with advertisers and partners
All correspondence, exchanges or relations of any type whatsoever and in particular, of a promotional or commercial nature established between Users and advertisers or partners of Bedouk Editions shall bind only the Users and the advertiser or partner concerned. In particular, any agreement between Users and partners or advertisers shall be binding solely on them.
Consequently, all resulting terms, conditions, warranties, statements, payments or deliveries whatsoever shall bind solely the Users and the partners or advertisers and Bedouk Editions shall in no way be held liable therefor. Bedouk Editions may not be held liable for any loss or damages whatsoever resulting from offers made by advertisers or partners or agreements and services related to such offers.
4.3 Bedouk Editions Web Site Services
Bedouk Editions agrees to make its best efforts to offer reliable services. Services shall be provided "as is" to Users who shall use them at their own risk. Services shall be accessible based on their availability.
Bedouk Editions does not guarantee that any of these Services, without limitation, shall perfectly meet Users' expectations, will not be interrupted or will be relevant, exhaustive or free of error.
Likewise, Bedouk Editions does not guarantee that any product, service, data or information obtained by Users via the Services shall meet the expectations of Users.
Bedouk Editions may in no way be held liable for any breakdown, interruption of commercial offers, loss of clientele or profits, or loss of data and more generally, for any damages suffered, including inter alia, to Users' computers following use or impossibility to use the Services, acquisition, receipt or downloading of information when Services are used or unauthorised access to Services by another User or third party or modification of information or data bases regarding Users or any other terms and conditions applicable to the use of Services.
More generally, Users accept that to the extent permitted by the laws in force, Bedouk Editions cannot be held liable for any damages whatsoever, either direct or consequential, tangible or intangible and in particular, for any loss of profit or data following the use of the Services offered via the Web Sites or a visit to Bedouk Editions Web Sites.
4.4 Hyperlinks
Bedouk Editions Web Sites and its partners' or third party Web Sites may offer hyperlinks to other Web Sites or other resources available on Internet. Insofar as Bedouk Editions does not control these sources, it may not be held liable for any damages of any type whatsoever resulting from the content of these Web Sites or external sources and in particular, from the information, products or services they offer or any use that may be made thereof.
5- INTELLECTUAL PROPERTY
Users agree to respect all intellectual property rights held by Bedouk Editions or any third party, including inter alia, rights to trademarks, rights to patents, copyright and rights related to copyright, as well as rights of database producers.
The use Users may make of components of the Services protected by intellectual property rights, either software or other components, is naturally on a non-exclusive basis and strictly limited to their personal use and the duration of this Agreement. Users have no right to transfer to any party whatsoever the right to use the Services and components protected that they contain and are not authorised to perform any decompilation of software components. Users are not authorised to use all or part of any of these protected components to create or exploit derivative works based on these components.
It is hereby specified that the use granted to Users under this Agreement shall not imply, nor include any transfer to their benefit of any type whatsoever of any intellectual property rights whatsoever to the components used, including the Web Site itself and its content. All of these rights shall remain the exclusive property of Bedouk Editions unless covered under a separate, special agreement.
Any full or partial exhibition of this Web Site and its content using any process whatsoever without the prior, express authorisation of Bedouk Editions is prohibited and shall constitute infringement punishable under Articles 335-2 et seq. of the French Intellectual Property Code.
Bedouk Editions trademarks displayed on the Web Site are registered trademarks. Any full or partial copying of these trademarks without the express authorisation of Bedouk Editions is therefore prohibited.
6- NON-TRANSFERABILITY
Users shall have no right to transfer all or part of their rights and obligations under this Agreement to a third party without having obtained the express, prior consent of Bedouk Editions.
7 – NOTICES
All notices given pursuant to this Agreement may be sent via e-mail. However, Bedouk Editions reserves the right to also send notice via telefax or by regular mail based on the identification information given by Users at the time of registration.
8- DURATION AND TERMINATION
This Agreement has been entered into for an unspecified duration as of the date validation is given by the User or for the duration provided for in the Special Conditions.
Any failure by the User to comply with any of the provisions contained in this Agreement shall lead to the immediate termination of this Agreement and likewise, the prohibition to use Bedouk Editions Web Site Services by way of simple notice provided by Bedouk Editions to the User.
9- GOVERNING LAW AND JURISDICTION
These General Conditions are governed by French law.
Any disputes that may arise and that cannot be settled on an amicable basis shall be heard by the Commercial Court of Paris (Tribunal de Commerce de Paris).
This last clause shall not apply in the event the user has the capacity of a consumer.