PREAMBLE
La Clé de Vos Bonheurs is a sole proprietorship with its principal place of business located at 154 rue Jean-François Galland – 26300 Chatuzange le Goubet. It is registered with the Romans-sur-Isère Trade and Companies Register under SIRET number 978 726 768 000 10 and is managed by the individual Audrey NIOLA. (hereinafter referred to as the “service provider”)
The service provider offers wedding planning services and other services for private or professional events (hereinafter referred to as the “Services”).
Customers who use the Service Provider’s services shall hereinafter be referred to as the “Customers.”
The contract (hereinafter referred to as “the Contract”) that the Service Provider’s Clients are about to sign consists of:
- This document constitutes the general terms and conditions (hereinafter referred to as the “General Terms and Conditions”): these are the terms and conditions governing the Services provided by the Service Provider to the Clients.
- A document titled “Special Terms and Conditions” confirming the list of Services ordered and their prices.
In the event of any conflict between these General Terms and Conditions and the Special Terms and Conditions, the Special Terms and Conditions shall prevail.
Any amendment to the Agreement may only be made by mutual agreement between La Clé de Vos Bonheurs and the Customers.
ARTICLE 1 – QUOTE AND SIGNING OF THE CONTRACT, TERM, RIGHT OF WITHDRAWAL
1.1 Quote and Signing
The Service Provider will conduct an initial, no-obligation consultation, following which it will provide the Clients with these General Terms and Conditions of Sale, as well as a free quote detailing the Services offered and their prices.
If the Clients accept the quote, the Service Provider will provide them with the Contract (General Terms and Conditions and Special Terms and Conditions) for their signature.
In the event of any discrepancy between the price set forth in the Special Terms and Conditions and the price set forth in the most recent quote signed by the Customers (for example, to reflect a change in the Services during the term of the Contract), the price specified in the most recent quote shall prevail.
1.2 Term of the contract
The planning services provided by Audrey NIOLA for the agency La Clé de Vos Bonheurs are effective from the date the contract is signed, after the cancellation period has expired (except for the PLAISIR Day-of Coordination package, which begins 3 months before the event), through the day of the event.
1.3 Right of withdrawal for distance contracts
- Right of Withdrawal
For contracts entered into remotely, Customers have the right to cancel the contract in accordance with Article L. 221-18 of the Consumer Code.
Customers may exercise their right of withdrawal within fourteen (14) calendar days from the date the Contract is signed by returning the form provided in the appendix to these General Terms and Conditions to the Service Provider. Customers are, however, advised that a Contract entered into at a trade show or exhibition does not entitle them to withdraw.
- Circumstances under which the Service Provider withholds certain amounts in the event of a cancellation by the Customers
In the event of withdrawal within 14 days, Customers will be fully reimbursed for the deposit paid to the Service Provider, unless the Service Provider has begun providing the service (at the Customers’ express request) before the end of the withdrawal period. In fact, pursuant to Article L. 221-25 of the French Consumer Code, if the Customers wish for the performance of the Services to begin before the end of the 14-day withdrawal period, they must submit a written request to the Service Provider.
Customers who have exercised their right of withdrawal before the deadline, even though performance of the Contract had already begun at their express request, shall owe the Service Provider a minimum amount of €500 based on the work performed (this amount will be deducted by the Service Provider from the deposit already paid).
ARTICLE 2 – PAYMENT OF THE PRICE, ANY ADDITIONAL COSTS, AND PENALTIES
2.1. Terms of Payment for the Service
Details of each Service are provided in the specific terms and conditions.
The price of the Services specified in the quote and/or the Special Terms and Conditions is payable in euros and exclusively in that currency, regardless of the Clients’ nationality or the location of the wedding.
Payments will be made in accordance with the installment schedule set forth in the Special Terms and Conditions, by check, cash, or bank transfer to the account specified on the quote.
These rates are net (VAT not applicable).
The order will not be definitively confirmed until the Service Provider receives the Contract, initialed on each page and signed by the Clients, as well as actual payment of the first installment, the amount of which is specified in the Special Terms and Conditions.
No discount is offered for cash or advance payments.
2.2 Additional fees
Depending on the circumstances, the following additional charges may be billed in addition to the price agreed upon in the quote or the Special Terms and Conditions:
– Additional or modified services: Any additional or different services requested at a later date that are not included in the most recent quote approved by the Clients or in the Special Terms and Conditions will be billed separately and will be subject to a new quote.
Any additional or modified services will be approved only after mutual agreement between the Service Provider and the Clients.
– Travel expenses: Any additional trips exceeding 20 km from the company’s headquarters, requested by clients and not included in the initial quote, will be billed at the current mileage rate, plus actual toll charges.
– Meal and lodging expenses: Clients will cover the Service Provider’s meals on the day of the event. Lodging expenses may also be billed, if necessary.
2.3 Late Payment Penalties
All amounts owed by Customers under this Agreement are due within seven (7) days of receipt of the invoice. Any amount due that remains unpaid by the due date will result in the application of late payment penalties at the statutory interest rate in effect on the date of receipt of the formal notice.
2.4 Payment of suppliers referred by the Service Provider
The Service Provider acts as an intermediary between the Clients and the suppliers it introduces to them, whose services are necessary for the event. However, the Clients will sign the contracts proposed by the suppliers introduced to them by the Service Provider directly themselves. The Clients will therefore be solely responsible for paying the suppliers’ invoices.
2.5 Withdrawal of a supplier selected by the Clients through the Service Provider
Should the Clients decide to reduce the number of suppliers whose coordination was initially entrusted to La Clé de Vos Bonheurs, no discount or reduction in the price of the Services will be granted to the Clients.
ARTICLE 3 - OBLIGATIONS OF THE SERVICE PROVIDER
3.1 How the Service Works
- Defining a set of specifications
During an initial meeting, the Client’s requirements are gathered and will be used to draw up a statement of work. Throughout the term of the Contract, the Service Provider agrees to carry out the work assigned to it in accordance with the agreed statement of work, which may be updated or modified with the consent of all parties.
- Event Planning
The planning of the event will involve meetings between the Clients and the Service Provider (in-person meetings, by phone, or via videoconference, according to the terms to be agreed upon by the parties).
- Obligation of means
Given the importance of cooperation from Clients and other suppliers to the success of the event, the Service Provider is bound by an obligation of means and not of result.
3.2 Confidentiality of Information Received from Clients
The Service Provider agrees not to disclose any information that comes to its knowledge in connection with this Agreement. Any information collected under this Agreement may be shared with its business partners, but only to the extent strictly necessary for the performance of the Services.
ARTICLE 4 – CUSTOMER OBLIGATIONS
4.1 Duty to Cooperate
Customers agree to provide the Service Provider, in a timely manner, with all information necessary for the performance of the Service, in order to communicate their expectations and preferences.
Customers must respond to any request or confirmation request within the timeframe specified by the Service Provider, so that the Service Provider can secure the best suppliers.
Any cancellation of an appointment with the Service Provider or its suppliers must be notified to the Service Provider as soon as possible.
4.2 Confidentiality Obligation
La Clé de Vos Bonheurs holds exclusive rights of ownership, use, and transfer with respect to all commercial documents and tools developed for its clients.
Accordingly, Customers are strictly prohibited, even after the Service has ended, from:
- Any reproduction or use of all commercial documents and tools developed by the Service Provider;
- To disclose this information to third parties.
4.3 Health and Safety
Customers must ensure that they and their guests comply with all laws and regulations applicable to their event, including all health and hygiene rules related to epidemics or pandemics.
4.4. Permits required to hold the event
Customers remain responsible for obtaining any permits that may be required to hold their event (such as administrative permits).
4.5 Clients’ Non-Interference in the Service Provider’s Services
In order to enable the Service Provider to perform its Services, Clients may not contact suppliers, either directly or indirectly, without the Service Provider’s prior consent.
ARTICLE 5 – POSTPONEMENT OF THE EVENT DATE
The date of the event for which the Services are ordered is specified in the Special Terms and Conditions.
If the Clients wish to reschedule the originally scheduled date for the event, they must notify the Service Provider as soon as possible in writing.
The Service Provider will use its best efforts to make itself available on the date requested by the Clients and to secure the necessary suppliers. However, the Service Provider shall not be held liable if it is unable to make itself available on the new date requested by the Clients.
If the Clients and the Service Provider are able to agree on a new date:
- Additional fees will be charged to cover the rescheduling procedures that the Service Provider must handle: a minimum fee of 600 euros (including tax) will be charged in addition to the price indicated on the most recent approved quote
- The Service Provider shall not be held liable if certain suppliers raise their rates in the event of a postponement
- The Service Provider shall also not be held liable if certain suppliers are unavailable on the new date requested by the Clients and must therefore be replaced under different pricing terms.
If no new date is found within two (2) years of the originally scheduled date, the Agreement may be terminated by the Clients in accordance with the termination provisions set forth in Section 10.2 below.
If Customers were to definitively choose a new date on which La Clé de Vos Bonheurs has indicated it is unavailable, their choice shall be deemed a termination of the Contract at their initiative, resulting in the financial consequences set forth in Section 10.2 below.
ARTICLE 6 - SUBCONTRACTING
The Service Provider may subcontract all or part of the Service with the clients’ consent.
ARTICLE 7 – LIABILITY
Each party shall be liable only for its own acts. Thus, a party cannot be held liable in tort if the event giving rise to liability is attributable to the other party or to a third party.
Therefore, La Clé de Vos Bonheurs cannot be held liable for:
- damage of any kind (theft, vandalism, etc.) affecting property of any kind (personal belongings, equipment, etc.) brought to the event and/or belonging to the Customer and/or third parties participating in the event, regardless of where such property is stored (parking lot, exhibition halls, rooms, etc.)
- for any damage caused by the Client and/or third parties participating in the event to the materials, equipment, and premises of the relevant service provider. Any repairs and reimbursements that may be necessary as a result of such damage shall be the sole responsibility of the Client,
- for bodily injury or property damage sustained by the Customer and/or third parties participating in the event
In general, it is understood between the Client and the Service Provider that the relevant service provider is solely responsible for the proper performance of the service(s) it is required to provide. Under no circumstances shall La Clé de Vos Bonheurs be held liable in the event of an alleged or actual failure by the relevant service provider(s).
La Clé de Vos Bonheurs cannot be held liable for the service provider’s unavailability on the date of the service(s), particularly in the event of an accident, hospitalization, or illness on the part of said service provider.
Furthermore, La Clé de Vos Bonheurs cannot be held liable in the event of unavailability on the day of the event, particularly in the event of an accident, hospitalization, or illness. The Service Provider will do its best to find a satisfactory alternative solution.
The Client represents and warrants that it has full legal capacity to enter into the Event Management Agreement and that it holds a valid liability insurance policy.
ARTICLE 8 – INSURANCE
The Service Provider has taken out a “Multigarantie Activité Professionnelle” insurance policy with MACIF under policy number 14451529 to cover its private event planning activities.
In general, customers are advised to purchase insurance that covers bodily injury and property damage, as well as event cancellation.
ARTICLE 9 – FORCE MAJEURE
9.1. Definition of Force Majeure
For the purposes of this Agreement, the following events are expressly considered to constitute force majeure, provided they affect the event venue: exceptional weather conditions, natural disasters, explosions, fires, and floods; terrorist attacks;
The parties expressly agree that the following do not constitute force majeure within the meaning of this Agreement:
- the strikes
- epidemics, pandemics, and other public health crises, as well as their legal or regulatory consequences (including, but not limited to: closures, lockdowns, and curfews).
The parties shall notify each other as soon as possible of the occurrence of a force majeure event as described above and shall consult in good faith regarding the measures to be taken to mitigate any resulting consequences.
9.2. Consequences of the occurrence of a force majeure event
The occurrence of a force majeure event as defined in the preceding section:
- This initially results in the suspension of the parties’ obligations for a period of up to one year.
- As soon as the impediment caused by force majeure has ceased, the parties’ obligations shall resume: any obligations that were not fulfilled prior to the suspension must be performed.
- If the impediment due to force majeure has not ceased after one year, either party may terminate the Contract in writing.
ARTICLE 10 – TERMINATION
As a reminder, termination ends the Contract as of a specific date (but does not invalidate what has already been performed).
10.1 Termination by mutual agreement between the parties
The Agreement will generally be performed by each party (payment of the price for the Services by the Clients and performance of the Services by the Service Provider) until its expiration, unless the parties mutually agree to terminate it early.
In the event of termination of the Agreement by mutual agreement:
- The parties will jointly determine the effective date of termination (in order to determine which services must be completed prior to termination)
- Any advance payments owed by the Clients prior to termination shall, in any event, be retained by the Service Provider and must be paid if they have not yet been paid.
10.2 Termination of the Agreement by Customers
- Customers may terminate the Contract on their own initiative
The Agreement may be terminated without cause at the Clients’ initiative by sending an email to the Service Provider that expressly and unequivocally states their desire to terminate the Agreement.
The termination will take effect upon the Service Provider’s receipt of this email from the Clients.
- A client’s silence constitutes termination
Communication between the Service Provider and the Clients is essential for planning the event.
Unless the Clients have previously notified the Service Provider in writing that they will be unreachable for a certain period (e.g., vacation), a prolonged lack of response from the Clients will result in the termination of the Contract under the following conditions: if the Clients fail to respond to the Service Provider’s communications (email, text messages, phone calls, etc.) within 30 days, this shall constitute termination of the Contract;
- In the event that the Customers terminate the Agreement:
The Service Provider shall be released from its obligations to the Clients under this Agreement upon receipt of the email notifying termination (if the Clients fail to respond, i.e., do not reply to the Service Provider’s requests, the Service Provider shall be released from its obligations at the end of a one-month period);
Any advance payments owed by the Clients prior to unilateral termination shall in any event be retained by the Service Provider (and must be paid immediately if this has not yet been done);
If the Clients terminate the Agreement three calendar months or less prior to the scheduled date of the event, 100% of the Service fee shall become due and payable upon notification of the termination by the Clients.
Unless otherwise agreed by the Service Provider, Clients shall not deal directly with the suppliers introduced by the Service Provider to organize the event that was in progress.
10.3 Unilateral termination of the Agreement by La Clé de Vos Bonheurs
- Limited instances of unilateral termination of the Agreement by La Clé de Vos Bonheurs
La Clé de Vos Bonheurs may terminate the Agreement only in the following cases, by email sent to the Customers and specifying a reasonable notice period of no less than 15 (fifteen) days:
- Failure by Customers, after a formal notice has gone unheeded, to meet the deadlines for installment payments for the Services;
- Customer behavior or requests that make it strictly impossible to provide the Services (including requests that violate the law or public decency, or that endanger the health of La Clé de Vos Bonheurs employees).
- Consequences of the unilateral termination of the Contract by La Clé de Vos Bonheurs
In the event of unilateral termination by La Clé de Vos Bonheurs as described in the paragraph above:
La Clé de Vos Bonheurs will be released from its obligations to Customers under this Agreement at the end of the notice period specified in its notification email;
Any advance payments owed by Customers prior to unilateral termination shall, in any event, be retained by La Clé de Vos Bonheurs (and must be paid immediately if they have not yet been paid).
10.4 Separation of the termination of the Agreement from agreements entered into with suppliers
In any event of termination of this Agreement (whether initiated by the Clients or by mutual agreement of the parties), the refund of any amounts paid by the Clients to suppliers remains subject to the terms set forth in the agreement signed with such suppliers. The Service Provider is therefore not responsible for negotiating with them to recover any advance payments the Clients may have made to them and assumes no liability in this regard.
ARTICLE 11 – PROTECTION OF CUSTOMERS' PERSONAL DATA
The Service Provider may process personal data based on the following legal grounds and for the following purposes:
- The Service Provider’s legitimate interest, where the company pursues the following purposes:
- Prospecting;
- Customer and Prospect Relationship Management
- The administration of this Agreement;
- The performance of its obligations under the Contract;
- Compliance with the legal and regulatory obligations applicable to it (billing or accounting).
The Service Provider shall take all necessary measures to ensure the protection, integrity, and preservation of the data held in connection with the provision of the Service.
The Service Provider retains data only for as long as necessary to fulfill the purposes for which it was collected, in accordance with applicable regulations. In this regard, Customer data is retained for the duration of the contractual relationship plus three years for marketing and prospecting purposes, without prejudice to any retention obligations or statutes of limitations.
For accounting purposes, these records are retained for 10 years from the end of the fiscal year.
Prospect data is deleted after three years if the prospect has not participated in or registered for any of the Service Provider’s events.
The processed data is intended for authorized personnel working for the Service Provider, as well as its suppliers (strictly limited to what is necessary for processing the files) and certain third parties (such as regulatory authorities).
In accordance with the provisions of the French Data Protection Act and the European General Data Protection Regulation, individuals have the right to access, correct, inquire about, restrict, transfer, and delete their personal data.
Provided that this does not conflict with the purpose of the processing, data subjects are also entitled to object at any time, on grounds relating to their particular situation, to the processing of personal data based on the Service Provider’s legitimate interest, as well as to object to direct marketing.
They also have the right to provide general and specific instructions regarding how they wish the aforementioned rights to be exercised, including after their death, by sending an email to the data controller, La Clé de Vos Bonheurs, at the following address: contact@lacledevosbonheurs.com or by mail to the following address: 154 rue Jean-François Galland – 26300 Chatuzange le Goubet, accompanied by a copy of a signed identification document.
The data controller must respond within one month. If the request is denied, the decision must be supported by a statement of reasons. Data subjects have the right to file a complaint with the CNIL (3 place de Fontenoy, 75007 Paris) or to bring the matter before a court.
ARTICLE 12 - RIGHTS OF PUBLICITY
The Service Provider may use photos and videos depicting the Clients and their guests, taken during the preparations or on the day of the event, only under the following conditions:
- By giving their express consent (using the form below), Customers authorize the use of photos and videos from the event in which they appear and are recognizable (free of charge and without seeking any financial compensation, for a period of 20 years)
- If individuals other than the Clients (such as their guests) appear in the photos and videos, the Service Provider must obtain written consent from those third parties;
- The Service Provider may use the photos and videos on its website or in its other marketing materials and on social media, provided that any use of the images is reasonable and strictly limited to its professional needs;
- Customers expressly authorize La Clé de Vos Bonheurs to request that the event photographer send it the photos from the event at which it provided services.
- In any case, the use of photos and videos from the event will be in full compliance with data protection regulations, including the French Data Protection Act and the European General Data Protection Regulation (GDPR).
In addition, the Service Provider is authorized, strictly for the purposes of its sales outreach and social media activities, to use photos and videos in which the Clients (or any of their guests) do not appear and that do not allow them to be identified.
We, the undersigned ………………………………………………………………………………………………………………..
- let's accept
- let's refuse
the use by La Clé de Vos Bonheurs of photos and videos in which we appear and are recognizable, taken during our wedding.
ARTICLE 13 – NO WAIVER OF RIGHTS
The fact that one party to the Contract tolerates the other party’s breach or default in the performance of the Contract shall in no way be construed as a waiver of its rights or as an indication that it will continue to tolerate the other party’s breaches of contract in the future. Example: The Service Provider’s tolerance of a late payment shall not be construed as tolerance of any subsequent late payments.
ARTICLE 14 – SEVERABILITY
If any provision of this Agreement is or becomes illegal, invalid, or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of this Agreement. The unenforceable provision shall then be replaced by a valid provision.
ARTICLE 15 - GOVERNING LAW AND LANGUAGE
This Agreement is governed by French law. If it is translated into another language and there is any inconsistency between the versions, the French version shall prevail in the event of a dispute.
ARTICLE 16 - DISPUTES
In the event of a dispute regarding the validity, interpretation, or performance of the Agreement, Customers may contact the consumer mediation center, Médiation Conso Drôme, free of charge, to attempt to reach an amicable settlement.
Complaints can be submitted via the following website: https://www.mediation-conso-drome.org/
If mediation fails, the dispute will be brought before the competent court in the jurisdiction where the Service Provider’s principal place of business is located.
