Legal Notice
The these general conditions of sale govern, with the exception of any other document apart from the quotes and amendments concluded between the parties, the contractual relations between Mrs. Suzana DOMINGOS, wedding-planner practicing under the trade name
“ The Cotton Days » SIRET 882 404 551 00013 and its customers who, by signing the quotes and amendments submitted to them, expressly accept them.
Article 1 – CONTRACTS: ESTIMATE, FEES, MANDATE
All of Mrs. Suzana DOMINGOS' services, from the simple search for a room to the complete organization of a wedding or other event, will be the subject of a detailed and personalized estimate delivered by hand or sent (e-mail or simple letter) to the client.
This estimate includes the designation and type of services determined from the request expressed by the customer as well as the terms and costs relating thereto.
It will include the services that the Customer undertakes to pay directly to the service providers as well as the wedding-planner's fee.
After acceptance and signature, the estimate acts as a contract.
A special mandate contract, charging the wedding-planner, to contract with the service providers in the name and on behalf of the Client may be regularized between the parties.
Article 2 - SERVICE
The client delegates to Madame DOMINGOS in accordance with the conditions described in the estimate, the organization of a wedding or simple assistance on certain aspects of this event: location search, decoration, etc.
The reservation of the service of Madame DOMINGOS will only be made by signing the quote.
Amendments may be concluded concerning services outside the estimate or any modification of the services provided for in the estimate.
Article 3 - OBLIGATIONS AND RESPONSIBILITY OF THE WEDDING-PLANNER
The first appointment between the Client and Mrs. Suzana DOMINGOS is free of any commitment unless a mission entrusted has already been fulfilled by the wedding-planner (example: room search). In this case, payment of the agreed fee is immediately due.
During this first meeting, the Client's wishes are collected and will be used to establish specifications and an estimate.
The obligations of Mrs. Suzana DOMINGOS with regard to compliance with the Client's criteria may be redefined if more precise specifications are established and accepted by both parties.
For the duration of the mandate entrusted to her, Mrs. Suzana DOMINGOS undertakes to fulfill the mission entrusted to her in the estimate and the specifications that may be agreed.
Depending on the estimate accepted by the parties, the wedding-planner may engage the Client directly vis-à-vis the service providers, negotiate the prices and services and then let the Client commit directly or be satisfied with a connection.
In the event of failure of one of the service providers, the responsibility of the wedding-planner can in no way be engaged. The Customer may take legal action directly against this defaulting service provider in the event of non-performance or poor performance of the obligations.
In such a case, the wedding-planner will endeavor to compensate for the failure of the service provider by looking for a substitute professional. This obligation is analyzed as an obligation of means.
Conversely, in the event of non-payment by the Client vis-à-vis the service provider, the responsibility of the wedding-planner cannot be engaged either by the service provider or by the Client in the event of an exception of non-performance invoked by the service provider.
Mrs. Suzana DOMINGOS declines all responsibility for damage of any kind whatsoever affecting property of any kind belonging to the Customer or to the guests.
In accordance with French law, Mrs. Suzana DOMINGOS will be released from any obligation in the event of an event of force majeure or fortuitous event occurring (strike, fire, water damage, etc.).
Article 4 – CUSTOMER OBLIGATIONS
The Customer undertakes to communicate all the information necessary for the proper accomplishment of its mission by the wedding-planner.
The customer undertakes to accept and fulfill the special conditions of the selected service providers and in particular to pay any deposit, surety or guarantee that may prove necessary before full payment of the sums due.
The customer agrees not to intervene directly or indirectly before, during and after the event, with suppliers, subcontractors, artists, staff and collaborators of Mrs. Suzana DOMINGOS.
The Customer is responsible for any damage, direct or indirect, that he or the participants may cause during the event. The Customer declares that he has full legal capacity allowing him to commit to the contract and that he holds valid civil liability insurance. To this end, the Customer undertakes to waive and to have its insurers and/or any guest, where applicable, waive any recourse against the organizers in the event of the occurrence of any of the aforementioned events.
Article 5 - PRICES
The prices as shown on the estimate are indicated in euros and are payable exclusively in this currency regardless of the nationality of the customer, except as mentioned in the estimate.
They correspond to the prices of the various services described and are only valid for these on the date indicated.
Prices are increased by taxes at the rate in force on the date of invoicing.
The fees received for the service of Mrs. Suzana DOMINGOS are valid for services in the departments of Bouches-du-Rhône and Var. As part of a service outside this department, travel and accommodation costs will be invoiced in addition and paid by the Customer on presentation of supporting documents.
Article 6 – TERMS OF PAYMENT – WITHDRAWAL
To be taken into account, any reservation of the service must be accompanied by the payment of a first installment occurring on the date of signature of the contract for the service chosen and as shown on the estimate.
This first deposit amounts to 40% of the wedding-planner's total fee.
The reservation is acquired after receipt and effective collection of this first deposit.
In the event of a contract concluded at a distance, the Customer has the reflection and withdrawal periods of 7 and 14 days provided for in articles L.221-9 and L.221-10 of the Consumer Code created by ordinance no. 2016-301 of March 14, 2016.
He may exercise his right of withdrawal using the following standard form:
To the attention of Mrs. Suzana DOMINGOS “ The Cotton Days » 9, rue Albert and Georges ARNOUX in 13600 La Ciotat I/we hereby notify you of my/our withdrawal from the contract relating to the provision of services (*) below:
Ordered on / received on:
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s) (only in case of notification of this form on paper):
Date :
In this case, the deposit will only be paid after the expiry of the legal period.
Following the collection of the first deposit, the customer receives an acknowledgment confirming the validation of the reservation of the service.
In the absence of this effective payment of the first installment or in the event of withdrawal by the customer following the payment of this first installment, the reservation is canceled automatically and Mrs Suzana DOMINGOS will be immediately released from all obligations towards the client.
In the latter case, the customer cannot claim reimbursement of sums already paid and retained as contractual compensation for termination of contract.
the payment of a second installment amounting to 40% of the total amount will be made by the customer 3 (three) months before the date of execution of the chosen service and as shown on the estimate.
In the absence of this effective payment of the second installment or in the event of withdrawal by the customer following the payment of this second installment, the reservation is canceled as of right and Mrs. Suzana DOMINGOS will be immediately released from all obligations towards the customer.
In the latter case, the customer cannot claim reimbursement of sums already paid and retained as contractual compensation for termination of contract.
The payment of the balance of 20% of the total amount will be requested 15 days before the execution of the chosen service and as shown on the estimate.
Section 7 – EVENT CANCELLATION
In the event of withdrawal, refusal or cancellation on the part of the client, Madame Suzana DOMINGOS will be released from any obligation towards the Customer and the latter will not be able to claim either the postponement of the event to another date, or the reimbursement of the sums already paid and retained as indemnity for irreducible contractual termination .
Article 8 – CONFIDENTIALITY
Mrs. Suzana DOMINGOS agrees not to disclose the information provided by the client which will be held confidential.
Any information collected as part of the establishment of the specifications may be communicated to the commercial partners of the wedding-planner who will be bound by the same rules of confidentiality.
The data disclosed by the client will be kept by Madame Suzana DOMINGOS or its business partners for the time necessary to manage and process the file and will be archived for a reasonable period.
In accordance with law 78-17 of January 6, 1978 “Computing and Freedoms”, the processing of personal information relating to the customer is the subject of a declaration to the National Commission for Computing and Freedoms (CNIL). The customer has a right to access, modify, rectify and delete data concerning him that he can exercise with Mrs. Suzana DOMINGOS
“ The Cotton Days » :
9, rue Albert and Georges ARNOUX in 13600 La Ciotat
Article 9 – IMAGE RIGHTS
The client authorizes, in the absence of any financial compensation, Madame DOMINGOS, to fix, reproduce, distribute and exploit her image during the event or during its preparations and in particular for a period of 30 years from the capture of the 'picture.
Article 10 - APPLICABLE LAW – JURISDICTION
Any dispute or complaint can only be taken into consideration if it is formulated by registered letter with acknowledgment of receipt addressed to Mrs. DOMINGOS within a maximum of 5 days after the end of the event.
Any dispute relating to the validation and/or the interpretation and/or the validation of the contract will be submitted to the competent courts of the city where the registered office of the sole proprietorship of Mrs. Suzana DOMINGOS is located.
The law applicable to the contracts concluded between Mrs. Suzana DOMINGOS and her Clients will in any event be French law.
Place, Date and signature of the Customer acknowledging having read all the information set out above: