1.APPLICABILITY OF THE GCVS
The present General Conditions of Use apply to any individual or legal entity accessing the 2BEVENTS web site, accessing its services as defined below, they complete the General Conditions of Subscription appearing on the site and have contractual value with regard to each User, and this whatever the place of residence of the User. The website belongs to 2BEVENTS, whose legal identity is shown below.
2.DESCRIPTION OF THE SERVICE
The Service consists mainly of access to a space on the 2BEVENTS Site whose structure, layout and organization is specially dedicated to customers allowing them to remotely market their products and services to consumers via specifically dedicated media or smartphone applications allowing the connection of consumers. The customers and consumers are hereinafter referred to as "the Users".
Internet Site: refers to the 2BEVENTS Internet site.
Supplier : the company 2BEVENTS, SAS with a Capital of 161.512 € whose Head Office is 528 rue des Prés Paris, 74970 MARIGNIER and registered at the RCS of ANNECY under the number 819 547 324.
Users: all natural or legal persons accessing the 2BEVENTS website wishing to discover and/or access the Service as a customer or consumer. Customers : professional users of the Service who market products and/or services through the Service and the Website, they can be natural persons in their own name or legal entities.
Consumers: users who are natural persons or legal entities who wish to purchase products and/or services marketed through the Service and the Website,
4.SCOPE OF SERVICES
Through the Website, 2BEVENTS provides an online reservation and purchase service and consequently provides an intermediary service between its Customers who wish to market and advertise their products and services and the Consumers who wish to purchase them.
Consequently, 2BEVENTS is only bound by an obligation of means towards the Users and will not be responsible for the incompatibility of the Service with the needs and wishes of the Users from the moment when the latter have been able to take note on the Website of all the functionalities and characteristics of the Service, Similarly, 2BEVENTS will not be responsible for the failure of the Users to achieve their marketing objectives when they are Customers, or their satisfaction objectives when they are Consumers, or for the quality, reliability, solvency of the Users, their relationships or the complaints that could arise between them.
Likewise, the Service and the Website, which bring together the various Users and allow them to make exchanges and commitments, do not constitute a legal framework that can in itself replace documents or contractual commitments between the Users, particularly in the event of disagreement or conflict. The client-user marketing products or services must make available to consumer-users the legal documents required for the completion of transactions and in particular the general terms and conditions of sale.
Each User wishing to access the Service and the Site must create a User account by indicating his name, first names, telephone number, email address and bank details if he wishes to become a Consumer. This data will be protected in accordance with the provisions of Article 8 below.
When creating an account with the PROVIDER, the User will be given a strictly personal login, which he/she undertakes to keep confidential and which he/she may not transfer. The User is the only one authorised to use the Service and the Webpage, in particular the area dedicated to him/her, offered by 2BEVENTS.
The User undertakes not to use a login that infringes the rights of a third party. The User will not, for example, adopt a login that infringes an intellectual property right, a registered trademark, a company name or any data that is directly or indirectly nominative.
6.EXCHANGES AND DOWNLOADS
Users may exchange opinions, comments, and submit suggestions, questions or any other information, as well as upload information, photos, images, plans, as long as such content is not illegal, obscene, abusive, threatening, defamatory, libelous, misleading infringes on the intellectual property rights of third parties, or is harmful to third parties or objectionable and does not consist of or contain computer viruses, political activism, commercial solicitations, chain letters, mass mailings or any other form of "spam".
2BEVENTS reserves the right to remove any notice that is contrary to these principles, and also reserves the right to hold the User civilly and/or criminally liable.
In the event of an action brought by a third party alleging that materials used by any User infringe a patent or other industrial or intellectual property right, the User who provided the disputed equipment or materials shall be solely responsible for the defense, settlement of the dispute and its financial consequences.
2BEVENTS strives to provide a quality Service through its program and its Site but cannot verify or guarantee the accuracy, precision or completeness of the information exchanged between Users in the course of their transactions involving products and/or services. 2BEVENTS cannot be held responsible for any errors, inaccurate, misleading or erroneous information, or lack thereof.
Each User remains responsible at all times for the accuracy, completeness and correctness of the information about him or her displayed through the Service. The Service does not constitute and should not be considered to be any form of recommendation or endorsement of the quality, skill, level of service or rating, or creditworthiness of any User.
Similarly, 2BEVENTS cannot be held responsible for any interruption of Service (due to a technical failure, whether temporary and/or partial, breakdown, repair, update, improvement or maintenance of its Website or Software). The User must inform 2BEVENTS of any malfunction of the Service as soon as possible.
2BEVENTS will make every effort to ensure that the Service is accessible to Users at all times. 2BEVENTS will not be held responsible, in case of unavailability of the Service, for any reason whatsoever. An interruption for technical maintenance or updating may however be decided by 2BEVENTS, which will then endeavour to inform Users in advance of the dates and times of the intervention and its duration.
2BEVENTS cannot be held responsible for material damages related to the use of the Service, such as loss of data or hacking, or the introduction of a virus. Furthermore, the User agrees to access the Service using recent hardware, free of viruses and with a last generation updated browser.
In the event that the SUPPLIER is held liable in connection with the use of the Service, the Customer User may only claim damages from the SUPPLIER within the limits set forth in Article 8 of the General Terms and Conditions of Subscription. The SUPPLIER's liability, if any, shall be limited to the price of the product or service that the Consumer was unable to consume as a result of a faulty Service, or to the replacement of the same product or service, at the SUPPLIER's discretion. The SUPPLIER's overall liability hereunder shall in any event be limited to direct material damage caused to Users resulting from proven faults attributable to the SUPPLIER. Under no circumstances will 2BEVENTS be liable to compensate for consequential or incidental damages such as, but not limited to, business interruption, loss of production, loss of profits, loss of contract, loss of image, loss of opportunity, commercial prejudice, various additional costs, immobilization of personnel or equipment, as well as any indirect damages. The Users and their insurers, for which they are responsible, declare that they renounce any recourse against 2BEVENTS and its insurers beyond the limits and exclusions set out above.
The performance of the SUPPLIER's obligations under these Terms and Conditions of Use shall be temporarily or permanently suspended by the occurrence of an event constituting force majeure in the usual sense of the term, including but not limited to natural disasters, acts of public authority, embargoes, strikes, exceptional weather conditions preventing delivery, insurrections, riots, etc. The fact that 2BEVENTS is no longer able to operate the Web Site for technical or property rights reasons shall also constitute a case of force majeure justifying the termination of the Service without liability on the part of the SUPPLIER.
Pursuant to Law 78-17 of January 6, 1978 and EU Regulation 2016/679 (RGPD), effective May 25, 2018, it is reminded that the personal data that is requested from Users, is necessary for the creation of their user account on the Website allowing them access to the Service. The collection and processing of this data has as its sole purpose, the processing of subscriptions for Customer Users and the processing of reservations and purchases for Consumer Users.
To this end, the User will be given an information and consent form when registering on the Webpage, informing him/her of his/her rights under the above regulations and enabling him/her to ensure that his/her personal data is protected and secured, and to have the name of a contact person, responsible for processing, within the company of the SUPPLIER. The information and consent form will be made available to Users and will then be checked off online.
This data may be communicated to any of the SUPPLIER's partners responsible for the execution, processing, management and payment of orders, the latter being bound by an obligation of confidentiality. In accordance with current national and European regulations, the User will have the right to access, modify, rectify and object to any information concerning him/her.
Each User-Customer who collects nominative data from User-Consumers, in the context of marketing its products and/or services through the Service and the Website, in order to make use of it in any way whatsoever, must comply with the legal provisions set out above and must carry out the required formalities in terms of information and consent, this obligation is his sole responsibility, 2BEVENTS is not required to carry out any verification and will not be liable.
2BEVENTS has an obligation of confidentiality to Users with respect to all data and information of any kind that they submit through the Service on the Website. It will ensure the security of such data and information, to the extent that it is technically possible, so that it cannot be accessed by a third party who is not a User.
2BEVENTS will not be responsible in the event that the obligation of confidentiality is not respected by one of the Users, it is up to the latter to set up appropriate confidentiality clauses between them and to take sufficient measures to not allow unauthorized third parties to access confidential information and data. It is also reminded that the access codes and authorizations communicated to the Users by 2BEVENTS are personal and confidential and that they can neither be transferred nor diffused.
This confidentiality obligation also extends to confidential information that the User may have accessed by mistake.
Company name: 2BEVENTS SAS
Share capital : 161.512 €.
Head office : 528 rue des Prés Paris, 74970 MARIGNIER
RCS number : RCS of ANNECY under the number 819 547 324
VAT identification number : FR56819547324
E-mail address: firstname.lastname@example.org or email@example.com
2BEVENTS will retain full ownership of the descriptions, plans, drawings, photos, graphics, color code and other documents or distinctive signs appearing on its Website, as well as the methods and Service made available to Users that are its own.
Any reproduction, representation, modification, publication, or adaptation of all or part of the above elements, by whatever means or process, is prohibited, except with the prior written consent of the SUPPLIER. Otherwise, such actions will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the Intellectual Property Code.
2BEVENTS grants Users a personal and non-exclusive right to use the Service for their own purposes.
2BEVENTS does not grant Users the right to reproduce and represent in full, nor the right to adapt, improve, translate, market, rent, or exploit in any form other than for their own use. Each User undertakes to use the Service and the Website only for his own needs.
The use of the Service is limited to the duration of the subscription to the Service. 2BEVENTS will assist the User in the event of any anomalies, incidents, errors or malfunctions in relation to the specifications, unless such incident is not attributable to the Service or the Website. The User undertakes to provide the PROVIDER with any information relating to the use of the Service, and in particular to the computer environment in relation to the use of the Service.
Users shall refrain, in any capacity whatsoever, on their own behalf or on behalf of a third party, from disclosing any information concerning the characteristics and specificities of the Service that is considered confidential.
2BEVENTS guarantees to the Users the peaceful enjoyment of the Service which does not infringe on any third party rights.
Subscription to the Service is strictly personal to the Client Users, and may not be transferred by them to any person or company whatsoever, in whole or in part, directly or indirectly, and in any manner whatsoever, including but not limited to merger, contribution, or free management, without the prior written consent of the SUPPLIER.
12. GENERAL PROVISIONS
10.1 2BEVENTS may modify these terms and conditions at any time to reflect changes in its Site and Service offerings. Occasionally, 2BEVENTS may interrupt the Service for operational reasons, maintenance or in case of emergency without this giving rise to damages of any kind.
10.2. Users connect to the Website and make contact either by means of their own telecommunication terminal equipment or smartphone, or by means of media made available by 2BEVENTS to Customer Users. 10.3. The nullity of one or more of the clauses of the present general conditions will not entail the nullity of the other clauses.
13.TRANSLATION - LANGUAGE OF THE CONTRACT
In the event that the present GTU are elaborated in several languages, it is expressly understood that the French version is the only one to be taken as proof in case of difficulties of interpretation and/or application of the provisions of the said Conditions. The language applicable to the GCU is French.
14.JURISDICTION - APPLICABLE LAW
Any dispute relating to the formation, interpretation or performance of the contractual obligations contained in the GCU, which cannot be settled amicably, will be submitted to the competent jurisdiction of the courts of LYON. This clause applies only to Users who are professional customers and does not apply to Users who are natural persons and who have the status of consumers as defined by the law and by the HAMON law.
The User, acting as a natural person or consumer, is informed that he/she may in any case have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. cons. art. L 612-1) or with the existing sectoral mediation bodies, whose references appear on the Internet, or to any alternative method of dispute resolution (conciliation, for example) in the event of dispute.
The law applicable to these GTU is French law, regardless of the User's domicile.