General Terms and Conditions of Sale
GENERAL CONDITIONS OF SALE OF SERVICES OF THE COMPANY LUXUS PLUS
New conditions Applicable as of January 1, 2018
Article 1: General provisions
These General Terms and Conditions of Sale of Services, hereinafter referred to as the GTC, constitute the agreement governing the relationship between Luxus Plus, hereinafter referred to as the Service Provider, and its customers in the context of the sale of services. In the absence of a contract concluded between the Provider and its customers, the services provided are subject to the GTC described below. Any order placed as well as any contract concluded with Luxus Plus implies the full and complete adherence of the customer to these GTCS without reservation. The fact that the service provider does not implement any clause established in its favour in the present terms and conditions cannot be interpreted as a renunciation on its part to take advantage of them.
Article 2: Nature of benefits
Luxus Plus assists companies in the development of their marketing strategy, in particular in the development of advertising content for the readers of the magazine it publishes.
Article 3: Quotation and order
The service provider intervenes at the express request of the customer. An estimate is made for all services. This estimate sent by the service provider to the customer, specifies:
– the nature of the service,
– the price of the service excluding taxes,
– the amount of any discounts and rebates,
– the terms of payment,
– The planning detailing the actions and obligations of the client and the service provider, as well as the deadlines for completion,
– a reminder of the customer’s full adherence to the GTC.
– To confirm his order in a firm and definitive way, the customer will have to return us this letter of mission without any modification:
– The validation of the mission letter is digitally signed, the signature of this quotation automatically generates its validated version in PDF format which is sent to the customer.
– The advance invoice is also generated electronically. The payment of this down payment triggers the start of the commercialized service.
The quote will be validated only after signing the letter of assignment which is valid as a contract. In the absence of receipt of the client’s agreement and the deposit, or as of the quotation expiry date, the quotation proposal is considered cancelled and the service provider reserves the right not to start the service. The validation of the order implies the full and entire adhesion of the customer to the present GCS without reserve.
Article 4: Prices
The prices of the services are those detailed in the quotations or contracts, accepted by the client. They are expressed in euros and are subject to VAT. Prices can be calculated on a flat rate, hourly, recruitment or daily basis. It is agreed between the parties that the payment by the client of the totality of the service provider’s fees is equivalent to receipt and definitive acceptance of the services.
Under no circumstances may the price of the service be renegotiated after the service has been provided. The prices are subject to annual revision by Luxus Plus on January 1st each year.
Article 5: Terms of payment
Invoices for the deposit and balance are payable upon receipt. Payment is made by cheque or bank transfer. No discount will be granted in case of early payment. In case of absence of indication of payment deadline on the invoices, the LME provides the following conditions: Payments between professionals are capped by article L441-6 of the French Commercial Code: “unless otherwise stipulated in the terms of sale or agreed between the parties, the deadline for payment of sums due is set at the thirtieth day following the date of receipt of the goods or performance of the service requested. »
“The period agreed between the parties to pay the sums due may not exceed forty-five days from the end of the month or sixty days from the date of issue of the invoice”.
Article 6: Late payment
Any delay or non-payment shall automatically result in :
– The immediate due date of any outstanding amount,
– Calculation and payment of a penalty for late payment in the form of interest at a rate equivalent to three (3) times the legal interest rate (in force on the date of invoicing of the services, The legal interest rate is set at 0.86% for the year 2019 for information).
– This penalty is calculated on the amount, excluding taxes, of the sum remaining due, and runs from the day following the date of payment shown on the invoice, until full payment is made, without any reminder or prior formal notice being necessary. The applicable rate is calculated pro rata temporis.
– The right for the service provider to suspend the execution of the service in progress and to postpone any new order or delivery.
Article 7: Duration and cancellation
The duration of the services is defined in the quotation or the letter of assignment which is valid as a contract . Each of the parties may immediately terminate the contract in the event of cessation of activity by one of the parties, cessation of payment, receivership, judicial liquidation or any other situation producing the same effects after the sending of a formal notice addressed to the judicial administrator (or liquidator) that has remained unanswered for more than one month, in accordance with the legal provisions in force.
In the event of expiry or termination of the contract :
– the service contract will automatically cease on the corresponding date,
– the Provider is released from its obligations relating to the subject matter of this contract on the date of termination or expiry of the contract,
– the Provider undertakes to return to the Client, at the latest within thirty (30) working days following the termination or expiry of the contract, all documents or information provided by the Client.
In case of termination of the agreement by the client, will be due by the client the sums corresponding to the services performed until the effective date of termination and not yet paid.
For any service, the termination of the service at the initiative of the client will result in an invoice of 90% of the amount of the balance of the service committed and validated by letter of assignment.
Article 8 : Force majeure
No party may be considered to be in default in the performance of its obligations and see its liability engaged if this obligation is affected, temporarily or permanently, by an event or a cause of force majeure. In this respect, force majeure is understood to mean any external, unforeseeable and irresistible event within the meaning of Article 1148 of the French Civil Code, independent of its will and beyond its control, such as, in particular, for information and not limited to: natural disasters, government restrictions, social unrest and riots, wars, malicious acts, disasters on the provider’s premises, interruptions of EDF service for more than two (2) days, failure of computer equipment, long term absence (accident or illness).
Within a maximum of five (5) working days of the occurrence of such an event, the party failing to meet its obligations due to force majeure undertakes to notify the other party by registered letter with acknowledgement of receipt and to provide proof thereof. The defaulting party shall make every effort to eliminate the causes of the delay and shall resume the performance of its obligations as soon as the case invoked has disappeared. However, if the cause of force majeure continues beyond a period of fifteen (15) working days from the date of receipt of the notification of the case of force majeure, each party shall have the right to terminate the agreement, without awarding damages. The said termination shall take effect on the date of receipt by the other party of the termination letter sent by registered mail with acknowledgement of receipt. In the event that the Agreement is terminated by the Client due to force majeure, the Client shall pay the Provider all amounts due up to the date of termination.
Article 9: Obligations and confidentiality
The provider undertakes to :
– respect the strictest confidentiality regarding the information provided by the client, and designated as such,
– not divulge any information on the services provided for its clients,
– return any document provided by the client at the end of the mission,
– sign a confidentiality agreement if the client wishes to do so.
The clauses of the contract signed between the parties are deemed confidential, and as such may not be communicated to unauthorized third parties.
The client undertakes to :
– to respect the dates and times of the appointments set for the smooth running of the subscribed scheme: any action not honoured but not cancelled within forty-eight (48) hours prior to the date of its completion remains due to the service provider. Any action not honoured but not cancelled within forty-eight (48) hours prior to the date of its completion remains due to the service provider. The subsequent completion of this action will entail its payment in addition.
– make every effort to reschedule the shares cancelled with the forty-eight (48) hour notice mentioned above within a period of time consistent with the proper implementation of the plan.
– pay for any services due on receipt of invoice
Article 10: Responsibilities
Considering the nature of the services provided, the provider’s obligation is an obligation of means. The service provider undertakes to provide the services in accordance with the rules of art and in the best possible manner, under the terms and conditions of the agreement, and in compliance with the applicable legal and regulatory provisions.
The customer undertakes to provide the service provider within the agreed deadlines, all the information and documents necessary for the proper performance of the service and for a proper understanding of the problems raised.
The responsibility of the service provider cannot be engaged for :
– an error caused by a lack of information or erroneous information given by the customer,
– a delay caused by the customer that would make it impossible to meet the agreed or legally prescribed deadlines.
– Luxus Plus cannot be held responsible for the lack of results of the recruited candidates, for any duration whatsoever.
The service provider’s liability, if proven, will be limited to half of the total sum excluding taxes actually paid by the customer for the service provided by the service provider on the date of the complaint by registered letter with acknowledgement of receipt.
Each of the parties shall be liable to the other for any breach of the obligations for which it is responsible.
Article 11: Disputes
These GTC and the quotation (Contract) signed between the parties are governed by French law. In the absence of an amicable resolution, any persistent dispute between the parties concerning the execution or interpretation of the GTC and the contract will be subject to the jurisdiction of the courts chosen by Luxus Plus.
GENERAL TERMS AND CONDITIONS FOR THE SUBSCRIPTION OF PRESS PRODUCTS AND DIGITAL SERVICES
GTC LUXUS PLUS
SUBSCRIPTION CONDITIONS FOR PRESS PRODUCTS AND DIGITAL SERVICES
1. THESE TERMS AND CONDITIONS OF SALE APPLY: – to the subscription of a subscription to a press product whatever the support (hereinafter the Publication) and / or the services related to this product of press (hereinafter the Services); – published by LUXUS PLUS, whose registered office is located at 71, rue Saint Blaise – 75 020 Paris, hereinafter referred to as “the Publisher”