Conditions générales de vente Open Innovation
COSMETIC VALLEY, an Association under the 1901 Act having its registered office at 1 Place de la Cathédrale, 28000 CHARTRES is organising a trade fair entitled "e-COSMETIC 360" due to take place on 12 and 13 October 2020 through a digital platform.
It offers a service facilitating introductions and setting up meetings for innovative project sponsors, both individuals and legal entities, wishing to present their work to groups or companies in the cosmetics and fragrances sector, via their "Research and Development" (R&D) department.
These general conditions govern contractual relations between COSMETIC VALLEY and the project sponsor, hereinafter referred to as "the client", consequently determining the rights and duties of the parties.
Prior to any transaction, the parties acknowledge that they have read and accepted these general conditions unconditionally.
ARTICLE ONE: PURPOSE
Within the framework of the e-COSMETIC 360 trade fair, COSMETIC VALLEY offers a service consisting of the organisation of a virtual meeting during the trade fair with the R&D department of a cosmetic company, hereinafter referred to as "the company", also wishing to make the introduction, in consideration of the project sponsor's payment of the fee fixed in these general conditions.
In accordance with the procedure set out below, the service sold consists of presenting the client to the company via the form completed in advance by the client, establishing whether the company wishes to meet the client, and organising the meeting in the course of the e-COSMETIC 360 trade fair by setting up a dedicated virtual room.
Each company may be able to meet al least 30 project sponsors selected during the trade fair, or more, depending on the fixed fee paid.
ARTICLE TWO: FEATURES OF COSMETIC VALLEY'S SERVICE
A client wishing to meet a company must present itself and provide details of its project in advance using the specific form posted on-line on the website https://www.cosmetic-360.com/, first creating a special account.
The form, or file, contains all necessary descriptive information : civil status and full contact details, including postal and electronic addresses, website, description of the innovative project, videos, and the project sponsor client's motives.
Each client may present no more than one innovation per meeting application form.
Any form presenting more than one innovation will be rejected. Nevertheless, the innovative client is not limited as to the number of applications it wishes to make; it is however required to use one application per innovation.
COSMETIC VALLEY reserves the right to reject any meeting application which is incomplete or does not conform to the expectations of companies, notably as regards the actual purpose of the innovations presented, which must relate to cosmetics or fragrances.
Once the file is approved, COSMETIC VALLEY will be responsible for posting it on-line on the search engine specifically set up for this purpose, which will be accessible via a pass code by all companies having subscribed to the OPEN INNOVATION offer during the e-COSMETIC 360 trade fair to which this contract relates.
Following consideration, a company wishing to meet the project sponsor client will notify COSMETIC VALLEY that it wishes to hold a virtual meeting during the trade fair, and COSMETIC VALLEY will send the client an email notifying the identity of the company wishing to meet it and the date and time of the meeting scheduled.
The client must, no later than the fifth day after the above-mentioned email is sent, at midnight, confirm its acceptance of the meeting, and at the same time pay the fee fixed.
If acceptance and payment are not made within this period, the meeting invitation shall be deemed to have been refused.
The client may be approached by several companies during the trade fair, for meetings.
It undertakes to be available throughout the duration of the trade fair.
COSMETIC VALLEY will organise the schedule in such a way that any client cannot have more than one meeting per time slot.
Consequently, having regard to the organisational requirements of the service, the client may not in any circumstances ask for deferral of a meeting set up for it and which has been confirmed by payment of the relevant fee.
Where a client fails to attend a meeting set up by COSMETIC VALLEY which it has confirmed, it shall not receive a refund.
Each meeting shall last THIRTY MINUTES, and shall take place in a dedicated virtual area in which the discussions can be held in confidence.
COSMETIC VALLEY shall have no involvement and incur no liability in relation to the outcome of such discussions.
ARTICLE THREE: DUTIES OF THE PARTIES
Duties of COSMETIC VALLEY to the client
COSMETIC VALLEY has a duty to use its best endeavours, undertaking to provide the client with all resources and assistance necessary for its service to be properly performed.
It undertakes to:
- collect and process all meeting applications submitted by clients on-line,
- send companies which have subscribed to the OPEN INNOVATION service at the e-COSMETIC 360 trade fair the forms posted on-line by project sponsor clients applying for meetings,
- collect meeting applications from companies wishing to meet project sponsors,
- organise the schedule for the on-line meetings.
- provide clients and companies with a dedicated virtual area for such meetings, in which the discussions can be held in confidence.
COSMETIC VALLEY shall not in any circumstances incur liability in the event that the client is not offered any meetings with a company following distribution of its application.
Duties of the project sponsor client
The client undertakes to provide, comprehensively, accurately, truthfully and faithfully, in the form described in Article Two, all information requested and of relevance to consideration of its application.
It undertakes to present its project in a clear manner: COSMETIC VALLEY shall not in any circumstances incur any liability in the event of any detrimental consequences or consequences deemed to be detrimental of inaccurate, untrue or unclear information relating to either the client or its innovative project.
The client accepts full liability for the content of its innovative project and for the terms it uses to present it on the application form.
In particular, the client shall be exclusively liable in the event that the project it seeks to present proves to be in existence already, or is protected by a patent filed by a third party or by any other intellectual property method whatsoever.
COSMETIC VALLEY shall not incur any liability in the event of omission, inadequacy, inaccuracy or error contained in the form completed and approved on-line by the client.
Further, COSMETIC VALLEY shall not incur liability in the event that the information provided to it by the client does not enable COSMETIC VALLEY to carry out its service, notably in relation to contact/address details for confirmation of meetings set up.
The client acknowledges that it understands that the form which it has completed and approved will be sent without any changes or additional information to the companies which have subscribed to the e-COSMETIC 360 OPEN INNOVATION service.
The client undertakes to pay to COSMETIC VALLEY the fee for the service as defined in the Article below.
This contract may only be terminated as a result of fault on the part of COSMETIC VALLEY, and the client may not in any circumstances require a refund for the service paid for if the meeting does not take place.
It undertakes to comply unconditionally with all aspects of these general conditions.
ARTICLE FOUR: FEE – INVOICING
Registration for the OPEN INNOVATION service, which involves posting the form described in Article Two on-line and approving it, is free of charge.
Where a company has expressed a wish to meet a client during the trade fair and COSMETIC VALLEY has offered the client a meeting by email sent to the address provided by the client on the form, access to the meeting with such company shall be confirmed by the client's on-line payment of the sum of the entry pass.
In the absence of entry pass payment, the meeting offered will not be confirmed.
Confirmation and payment in relation to the meeting organised with the interested company by COSMETIC VALLEY must take place no later than the fifth day after COSMETIC VALLEY sends the letter offering the meeting, at midnight (for example, where COSMETIC VALLEY sends the client confirmation on Monday at 4pm that a certain company wishes to meet it, together with an appointment for a meeting at the trade fair, the client is required to reply and pay for the service at the latest by the following Saturday at midnight).
If no response is received within this period, the meeting shall be deemed to have been refused and the time slot allocated for it will be released for another client.
Following payment an invoice will be issued in the name of the project sponsor as provided on the meeting application form, available in its personal account on the website https://www.cosmetic-360.com/ set up when it submitted the form. The invoice will give details of the service, the fee before tax, VAT and the fee inclusive of tax, and will contain all details legally required on invoices generally.
Once paid for, the transaction is final and confirmed and only binding on COSMETIC VALLEY upon receipt of the email containing the transaction number, confirming that the order has been processed.
If the confirmation email is not received, the client must notify COSMETIC VALLEY by email at email@example.com and they will contact the client as soon as possible.
Securing payments and personal data
The website https://www.cosmetic-360.com/ is protected by a secure system.
The client is hereby advised that its information and data are required for management of its order and for COSMETIC VALLEY's commercial relations. This information and data is also kept for security purposes, to ensure compliance with legal and regulatory requirements and to improve and personalise the services offered and any communications sent to the client.
Proof of transactions
Unless there is proof to the contrary, the data recorded by COSMETIC VALLEY shall constitute proof of all transactions between it and its client.
Data recorded by the payment system constitutes proof of financial transactions.
ARTICLE FIVE: TRANSFER OF RIGHTS
The client acknowledges and accepts the fact that the form it completes to make an application for a meeting during the e-COSMETIC 360 trade fair, including its identity and full contact details together with a description of its innovative project, become the property of COSMETIC VALLEY from the time that the client's application is sent and confirmed on-line.
The client is hereby informed that it has a right at all times to access and correct the data, in accordance with the Act on Information and Liberty of 6 January 1978, by contacting COSMETIC VALLEY using the address details stated in Article SEVEN.
The client therefore accepts that COSMETIC VALLEY is entitled to use the project form (or file) completed by the client to subscribe to the OPEN INNOVATION service, and in particular to transfer it to third parties, even after the e-COSMETIC 360 trade fair has ended and for an indefinite period.
This clause does not in any circumstances cause the intellectual and/or industrial property in the information contained in such files to be transferred to COSMETIC VALLEY, such property remaining in the client's ownership.
The client may nevertheless prohibit COSMETIC VALLEY from transferring its file by express request sent by recorded letter with acknowledgement of receipt to the association's registered office, the prohibition thus issued by the client only becoming binding on COSMETIC VALLEY upon receipt of the above-mentioned recorded letter, and having no such effect in relation to distributions made by COSMETIC VALLEY prior to receipt of the letter.
MOREOVER, by accepting these general conditions, the client unconditionally authorises COSMETIC VALLEY to distribute any images taken at or in the course of organisation of the e-COSMETIC 360 trade fair in which it appears or is identifiable.
The purpose of distributing such images will be to relay the environment of the trade fair, rather than a particular individual. Distribution of such images shall not in any circumstances be deemed to be a breach of privacy or any other breach of rights.
COSMETIC VALLEY accepts no liability in relation to exploitation by any third party of the images thus captured and distributed which is prejudicial to the client, the client undertaking in these circumstances not to hold COSMETIC VALLEY liable.
Lastly, the website https://www.cosmetic-360.com/ may provide access to websites of partners of COSMETIC VALLEY, through hypertext links or by incorporating content from its partners' websites on its website.
COSMETIC VALLEY does not accept any liability in relation to their content, legality or operation, and may not be held liable for the use made of such websites by users.
No hypertext links shall be created with the COSMETIC VALLEY website without the prior written consent of COSMETIC VALLEY.
All information, texts, logos, images, audio information, software and icons contained on the COSMETIC VALLEY website or reproduced on this website are protected by intellectual property law.
All use of the website and its content other than for private purposes is prohibited. Consequently, the website and its content shall not be modified, represented or reproduced fully or partially, on any medium or using any process whatsoever.
ARTICLE SIX: APPLICABLE LAW, CLAUSE ON PRIOR CONCILIATION, TERRITORIAL JURISDICTIONAL COMPETENCE.
The commencement, performance and termination of contractual relations between the parties to the contract to which these general conditions relate are governed by French law, irrespective of the place of performance of the service and of the nationality and place of permanent residence of the client and the company.
In the event of legal proceedings, the parties agree that the courts of CHARTRES (28000) shall have territorial jurisdiction.
NEVERTHELESS, prior to having recourse to court, including on the question of validity of these general conditions, the parties agree to conduct negotiations as a priority in an attempt to reach agreement.
For these purposes, the claimant shall notify the other party of its claims and complaints by recorded letter with acknowledgement of receipt.
If within fifteen calendar days from the first presentation by LA POSTE of the recorded letter of complaint with acknowledgement of receipt, the other party has not replied, or if the parties find that they are unable to reach agreement amicably after a period of negotiation, the party instigating proceedings may then refer the case to the court with jurisdiction to seek a ruling on the dispute.
Any referral to court in breach of the duty to make prior attempts at conciliation may result in an application for the case to be struck out and the claim being declared inadmissible by the court to which it was referred.
Nevertheless, while the clause stipulating prior negotiation applies where a dispute exists between the parties, it shall not apply where, in order to protect their interest, the parties see fit to seek protective measures in a summary order or upon application.
ARTICLE SEVEN: COMPLAINTS
Any written complaint made by the client must be sent to the email address firstname.lastname@example.org , or to the following postal address: COSMETIC VALLEY, 1 Place de la Cathédrale, 28000 CHARTRES.
ARTICLE EIGHT: AMENDMENTS TO THE GENERAL CONDITIONS OF SALE
COSMETIC VALLEY reserves the right to amend these general conditions.
If it does so, it agrees to send the client a print-out of the amended conditions, which shall be binding on the client to the same extent as those contained herein and shall have the same contractual effect.