Terms of purchase

ARTICLE 1 – Application of the General Conditions of Purchase – opposability

These general conditions of purchase apply to orders for products and/or services placed by EVENTS CONCEPT SA, except in the event of a specific written agreement concluded by the parties.

The acceptance by the supplier (hereinafter the SUPPLIER) of orders for products and/or services excludes all provisions to the contrary in its general conditions of sale.

The special conditions, derogating from these general conditions of purchase, will only be valid on the condition of being expressly stipulated on the order form.

Any start of performance of the services provided for in the purchase order by the SUPPLIER without having previously returned it signed to EVENTS CONCEPT SA implies acceptance by it of these general conditions.

ARTICLE 2 – Supplies of Products and/or Services

The SUPPLIER undertakes not to start a service without a purchase order.

THE SUPPLIER undertakes to provide the products and/or services as they appear, in quantity and quality, on the order form, and this, on the basis of the elements communicated by EVENTS CONCEPT SA. EVENTS CONCEPT SA communicates for this purpose, on a strictly confidential basis, all the information and all the elements necessary for the execution of the order.

The order will be accepted by the SUPPLIER by the return of the countersigned order form to EVENTS CONCEPT SA or by the execution of the start of the services of the order form concerned. The SUPPLIER undertakes to always behave fairly towards EVENTS CONCEPT SA, and in particular to inform it immediately of any difficulty it may encounter in the execution of the order.

The SUPPLIER guarantees that the products and/or services delivered comply in all respects with the order from EVENTS CONCEPT SA and are free from any defect.

It undertakes, within the framework of an obligation of result, to carry out all the services ordered according to the best quality criteria in force in the profession, for the type of services provided, and more generally to ensure a quality of services in line with the state of the art at the time.

In the event of a lack of conformity of the products and/or services delivered, EVENTS CONCEPT SA may, within one month of delivery:

cancel the order after informing the SUPPLIER,

obtain, at the latter’s expense, the immediate replacement of non-compliant products and/or services with products and/or services of at least equivalent quality,

All subject to compensation that may be claimed by EVENTS CONCEPT SA for damages suffered.

Non-compliant products will, where applicable, be returned to the SUPPLIER, at its expense.

ARTICLE 3 – Delivery times

The SUPPLIER undertakes to supply the products and/or services ordered by EVENTS CONCEPT SA within the time limits mentioned on the order form. Any order that is delivered in disregard of these delivery times may be returned to the SUPPLIER at its expense.

ARTICLE 4 – Transport and Packaging

Unless specific conditions appear on the order form, the products and/or services are transported under the responsibility of the SUPPLIER who chooses the carrier, subscribes to the insurance necessary to guarantee the transport, and ensures the packaging and packaging. The SUPPLIER will therefore be liable for breakage, deterioration and any damage observed on delivery.

The packages will be clearly identified by reference to the corresponding order form.

Transport costs, when borne by EVENTS CONCEPT SA, will only be reimbursed upon presentation of an invoice, to the exclusion of any other method.

ARTICLE 5 – Transfer of Ownership

The transfer of ownership and risks takes place upon delivery, after qualitative and quantitative verification of the products and/or services and their unreserved acceptance by EVENTS CONCEPT SA.

Notwithstanding any clause to the contrary in the general conditions of sale, the acceptance of the order by the SUPPLIER, materialized by the signed return of the order form or by the start of performance of the services, entails the waiver of the latter to avail himself of any retention of title.

ARTICLE 6 – Price

The price of the products and/or services appears on the order form. It covers all costs, in particular postage and packaging, and fees that the SUPPLIER is required to incur for the execution of the order.

The price is firm and non-revisable and may under no circumstances be subject to a unilateral increase by the SUPPLIER. However, in the event of an order by EVENTS CONCEPT SA for additional products and/or services, these will give rise to the payment of an additional price on the basis of an estimate previously communicated by the SUPPLIER and accepted in writing by EVENTS CONCEPT.

ARTICLE 7 – Invoicing and Payment

Unless otherwise specified on the order form, EVENTS CONCEPT SA will pay the price for the benefit of the SUPPLIER, according to the following schedule: 60 days from the date of issue of the final invoice after unconditional acceptance of the products and/or services ordered and made.

On a very exceptional basis, EVENTS CONCEPT SA reserves the right, after agreement from the SUPPLIER, to modify the payment period without any penalty being applied to EVENTS CONCEPT SA.

Invoices are sent to EVENTS CONCEPT SA on the due date and must comply with the provisions of the articles of the Commercial Code. They must also include the order number and, where applicable, the mode of transport and the destination of the products.

The SUPPLIER authorizes EVENTS CONCEPT SA to operate compensation between the sums due by EVENTS CONCEPT SA and those due by the SUPPLIER, for any reason whatsoever.

ARTICLE 8 – Compliance with the Regulations

The SUPPLIER undertakes to comply with the regulations applicable to the exercise of its activity and in particular to carry out all procedures and obligations related to the operation of its activity.

The products and/or services provided must comply in all respects with the applicable legal and regulatory requirements, in particular with regard to the quality, safety, composition and presentation of the products and/or services, labor law and employment and environmental law.

The SUPPLIER hereby certifies that its services will be carried out with employees regularly employed with regard to the social legislation in force and more particularly the articles of the Labor Code.

ARTICLE 9 – Liability and Insurance

The SUPPLIER guarantees the proper execution of the order. The SUPPLIER is responsible for its products, services, advice or recommendations and for the consequences of any error, omission, delay, poor performance or failure by itself or by any natural or legal person acting on its behalf both vis-à-vis – vis-à-vis EVENTS CONCEPT SA and third parties and in particular customers of EVENTS CONCEPT SA.

The SUPPLIER must personally provide the products and/or services ordered and may only use subcontractors with the prior written consent of EVENTS CONCEPT SA. The SUPPLIER remains in any event personally liable vis-à-vis EVENTS CONCEPT SA for the proper execution of the order.

The SUPPLIER shall be liable for all loss, harm or material, moral or bodily damage, direct or indirect resulting from its liability as defined above, notwithstanding any limiting or exonerating clause to the contrary.

However, the SUPPLIER cannot be held liable for delay or non-performance of its services when they result from a case of force majeure as defined in article 13.

The SUPPLIER declares and acknowledges having taken out all the necessary insurance covering its liability and that of its agents. The PROVIDER of services undertakes, in accordance with the Labor Code, to provide EVENTS CONCEPT SA each year with the following documents:

Extract from the commercial register office of his canton or country.
Attestation on honor concerning concealed work & AVS Attestation
Valid civil liability insurance certificate indicating the nature, duration of guarantees and deductibles.

In the event of inaccuracy of the documents and information transmitted or in the absence of transmission of these documents, the order may be terminated at the fault of the SUPPLIER after formal notice has remained unsuccessful. The SUPPLIER undertakes to require and verify that the tax and social security certificates of any person working on its behalf.

He also undertakes to obtain the same documents from his own suppliers.

ARTICLE 10 – Property Rights

The SUPPLIER assigns to EVENTS CONCEPT SA all its property rights, and in a non-exhaustive manner, its rights of reproduction, representation and adaptation of the Intellectual Property elements produced within the framework of the execution of the order for the products and/or or services (works, published documents, video recordings, etc.) and this for the whole world and for the entire duration of copyright.

At any time, EVENTS CONCEPT SA may request delivery by the SUPPLIER of all of the said elements of Intellectual Property.

Regarding the rights of third parties, the SUPPLIER undertakes to obtain from authors, designers and inventors who are not an integral part of its personnel, the transfer of their economic rights, in particular the reproduction and representation rights, necessary for the execution of the command. Insofar as the SUPPLIER would not have been able to obtain the assignment of all of these rights, he will specify to EVENTS CONCEPT SA the extent and limits of the Intellectual Property rights obtained by him.

The SUPPLIER guarantees EVENTS CONCEPT SA against any action or claim by a third party relating to the Intellectual Property elements used by it and implemented in the context of the execution of the order.

Image rights

THE SUPPLIER expressly authorizes EVENTS CONCEPT SA, free of charge, to capture and exploit, if so decided, the image, voice and words which will thus be fixed during the Events, throughout the world, for a duration of fifteen (15) years, in whole or in part, on all media, by all methods and processes known and unknown to date, in all formats.

The exploitation by its different modes can be done by all existing or future off-line and on-line technical processes, on all media and in all formats. These exploitation rights include the right of reproduction and the right of representation of its image.

THE SUPPLIER undertakes to guarantee EVENTS CONCEPT SA against any action or claim by a third party placed under the responsibility of the SUPPLIER relating to image rights in the context of orders.

ARTICLE 11 – Cancellation of Order

Unless otherwise provided in the special conditions, the conditions for canceling the order are as follows:

In the event of total cancellation of the order by THE SUPPLIER for whatever reason, EVENTS CONCEPT SA will be immediately and fully reimbursed for all sums that it has already paid to the SUPPLIER on the date of this cancellation. , without prejudice to any claims for damages to which he may be entitled.

In the event of partial non-performance of its obligations by THE SUPPLIER for any reason whatsoever, the latter undertakes to pay back to EVENTS CONCEPT SA the amount of the services concerned, without prejudice to the damages to which it may claim.

EVENTS CONCEPT SA reserves the right to cancel, in part or in whole and without compensation of any kind, any order that has not been placed and accepted under the conditions defined in article 2.

The liability of EVENTS CONCEPT SA will be limited to the reimbursement of costs incurred by the SUPPLIER on the date in question:

In the event of cancellation by EVENTS CONCEPT SA of an order accepted by the SUPPLIER, materialized by the signed return of the order form or by the start of performance of the services;
In the event of cancellation by the customer of EVENTS CONCEPT SA of all or part of an order placed with EVENTS CONCEPT SA and which would include the products and/or services of the SUPPLIER by sending the latter a notification by registered letter with acknowledgment of receipt specifying the effective date of termination of the order concerned.

ARTICLE 12 – Late penalties

In the event of delay or incomplete supply by the SUPPLIER of the products and/or services, EVENTS CONCEPT SA may, without prior notice and without prejudice to the remedies for damages to which it may be entitled, apply to the SUPPLIER late penalties of an amount equal to 1% of the total amount excluding tax of the order, per day of delay, it being specified that penalties for delay will be capped at 20% of the total amount excluding tax of the order.

ARTICLE 13 – Termination – Force Majeure

EVENTS CONCEPT SA may terminate the order as of right in the event of non-performance, failure or breach of one or more prescriptions of the order form and/or of these general conditions. EVENTS CONCEPT SA may terminate the order if the SUPPLIER’s level of performance is insufficient. In this case, the SUPPLIER may under no circumstances invoke prejudice and claim damages.

The termination will be effective from the date of receipt of a letter of formal notice sent by registered mail with request for acknowledgment of receipt.

The provisions of Section 14 (Confidentiality) shall survive for a period of ten (10) years from termination.

However, the order will not be terminated if the non-performance or failure results from a case of force majeure.

In case of force majeure, the defaulting party must inform the other party as soon as possible. It will be up to each of the parties to take all the necessary provisional measures in order to reduce to the best of their ability the consequences of the case of force majeure. However, if the event or events constituting force majeure persist for more than one month, the order may then be terminated automatically, by either party, without compensation on either side, in case of necessity, even if provisional measures have been adopted.

In the event that the SUPPLIER is unable to provide the service due to a case of force majeure and where EVENTS CONCEPT SA has paid installments, the SUPPLIER will reimburse EVENTS CONCEPT SA the amount of the installments, less, on receipts, of the sums disbursed by the SUPPLIER for the performance of the service before the date of occurrence of the case of force majeure.

Are constitutive of a case of force majeure within the meaning of the present: war, riot, strike not involving the personnel of one or other of the parties, the stoppage of means of transport and telecommunications, the requisitions or provisions of a legislative or regulatory nature bringing restrictions to the object of the orders and, in general, the cases retained by French law and case law in the matter.

ARTICLE 14 – Confidentiality

The SUPPLIER undertakes to keep confidential all elements and information, of any nature whatsoever, of which he would have become aware in the context of the order placed by EVENTS CONCEPT SA and its execution, in particular but not limited to technical information, commercial, financial and other likely to favor the interests of a competing company or to harm, even indirectly, EVENTS CONCEPT SA.

The SUPPLIER undertakes in particular to limit its distribution to the sole members of its staff for the sole purposes of executing the order, and will take all necessary measures, in particular with its staff, to preserve its confidentiality.

THE SUPPLIER will not use any reference related to EVENTS CONCEPT SA or its Customer, any creation developed in any way whatsoever, in particular for promotional and/or advertising purposes, without the written consent of EVENTS CONCEPT SA.

The SUPPLIER undertakes, unless otherwise provided by law or regulation, at the first request of EVENTS CONCEPT SA and free of charge, either to return or to destroy all of the confidential information and the copies which have been made and which are in its possession or under its control.

ARTICLE 15 – Applicable Law – Competent Courts

The order placed by EVENTS CONCEPT SA with the SUPPLIER is subject to Swiss law. Any disputes on its validity, interpretation or execution will fall within the jurisdiction of the ordinary courts of the canton of Geneva, subject to appeal to the Federal Court.