SALES CONTRACT
PREMIERE VISION PARIS ONLINE SHOP - September 2020

  1. PURPOSE OF THE SALES CONTRACT

This sales contract (hereafter "Contract") defines the contractual relationship between PREMIERE VISION, a limited company with Management Board and a Supervisory Board with a share capital of €10,050,352 registered on the Trade Register of Lyon under the number 403 131 956, whose head office is established at the following address : 59 Quai Rambaud 69002 Lyon, France, and the Client in the framework of sale for Products and Services (as defined in article 2 of the Contract) via PREMIERE VISION's website (https://premierevision.com, in particular its subdomain  https://visitors.premierevision.com.. The Products and Services offered by Première Vision are intended for professionals. The Client declares that he has read and accepted the rights and obligations arising under the Contract. As such, the Client acknowledges that its key obligations under the Contract are as follows: (i) to provide all the information and/or items and/or to perform all the steps necessary for Première Vision to carry out the provision of Services and/or the shipment of the Products and Services (as defined in article 2 of the Contract) ; (ii) to make full payment of the Products and Services prices (as defined in article 2 of the Contract) ;

For its part, PREMIÈRE VISION recognises that its key obligation is to perform, within the agreed time limit, the Provision of Services and Products.

  1. DEFINITIONS:
  • "Client" means the natural or legal person, acting in a professional capacity, placing an order for Products and/or Services via the Website,
  • "PREMIERE VISION" means the company organising the Show whose contact details are set out in Article 1 above,
  • "Products and/or Services" means the products and/or services offered for sale by PREMIERE VISION via the Website. The Products and/or Services offered include but are not limited to:
  • - Entrance passes to the Show (hereafter "Pass(es)");
  • - Publications, notably those designating the colour ranges.
  • "Website" means the website of PREMIERE VISION at the following URL: https://www.premierevision.com and its sub-domain: https://visitors.premierevision.com;
  • "Show" means all the shows organised by PREMIERE VISION from 15 - 16 September 2020 at Paris Nord Villepinte and notably: Première Vision Yarns, Première Vision Fabrics, Première Vision Leather, Première Vision Designs, Première Vision Accessories, Première Vision Proximity, Premiere Vision Overseas, Smart Creation.
  1. ENFORCEABILITY OF THE CONTRACT

Any order of Products and/or Services place by the Client via the Website implies unreserved acceptance by the Client of the Sales Contract, which the Client confirms to have read and understood and to be in agreement with all terms and conditions contained herein. By clicking the box "I accept the Sales Contract", the Client confirms that they have read and approved the conditions of the Sales Contract prior to the placing of their order. They will receive a copy of the Sales Contract in PDF format at the email address given in the order, once the order has been paid for and approved. Unless stipulated to the contrary, the Contract takes precedence over all other clauses or stipulations mentioned in the orders, correspondence or any other document exchanged between PREMIERE VISION and the Client. PREMIERE VISION may decide to adapt or modify the Sales Contract. The Client will be immediately informed about the modifications via an update on the Website. Orders pre-dating a modification to the Sales Contract remain subject to the general conditions in force at the time of the order.

  1. PLACING AN ORDER

4.1. ORDERS PLACE ON THE WEBSITE

To place an order, the Client must log in, on the Website, to his Client account (for further details, please refer to clause 5 of the Contract). Once logged in to his account, an access to the Première Vision’s online shop is given to the Client, accessible via the following URL address: /. When placing an order on the Première Vision’s online shop, the Client choose the Products and/or Services he wishes to purchase. Orders are subject to prior complete reception of payment by Première Vision made by bank card (by providing the card number) or bank transfer (upon receipt of the relevant amount).

4.2. DESCRIPTION AND AVAILABILITY OF PRODUCTS AND SERVICES

The Products and Services offered in the online shop are subject to availability of stocks and their date of commercialization. Photographs and images showing or illustrating Products on the Website are not contractually binding. If an order is placed for a Product and/or a Service that is unavailable, the Client will receive notification by e-mail as to whether his order will be delivered in part or cancelled. Première Vision agrees to notify the Client within forty-eight (48) hours of receipt of the order should a Product and/or a Service be unavailable. If a Product and/or a Service is unavailable and/or if an order is cancelled, Première Vision agrees not to charge the Client for the Products and/or Services concerned. If the price of the order has already been paid or debited, Première Vision agrees to refund the Client according to the same payment method or by any other appropriate method, in your name and at your billing address, within fourteen (14) days of payment of the unavailable Products.

  1. CREATION OF A CLIENT ACCOUNT AND CLIENT IDENTIFICATION

Any Client wishing to place an order on the Website must create a Client account and log in to his Client account. To this end, new Clients must complete the minimum mandatory fields required to create a Client account on the Première Vision Website (/). New Clients must accurately fill in the available fields and provide the necessary personal details that can be used to identify them, ie: their first name, surname, e-mail address, country and password.

New Clients wanting to buy a Product or a Service on the Website, will be asked to complete – always accurately - their personal details with: an address, a mobile phone number, a billing address, a job title, their company profile, range(s) of product(s) and market(s) they are in charge of, product(s) level and key areas of focus. When managing his account, the Client undertakes to provide accurate and complete information. If the information provided turns out to be false, inaccurate or incomplete, Première Vision reserves the right to cancel the Client’s order without the latter being able to make any claim whatsoever for compensation. Additionally, Première Vision cannot he held liable for the non-performance or improper performance of the contract resulting from communication by the Client of false, inaccurate or incomplete information. Clients must choose a login name and a password (which will remain private and confidential). This information will be used to identify them when they log into their Client Account, which they must do to place an order. Clients acknowledge and accept that their login name and password will be used to authenticate them. Clients who already have a Client account must click on ‘Log in’ and enter their e-mail address and password. In case of forgotten or lost password, Clients need to ask to generate a new one through a link sent to the Client email address (valid only 24 hours).

  1. PRICES AND PAYMENT TERMS

6.1. PRICES

The Prices of the Products and/or Services mentioned on the Website are expressed in euros inclusive of taxes. If the order is to be sent to a country other than mainland France, the Client is considered to be the importer of the Product(s) and Service(s) in question. Prices are valid during the reference period. Outside of the reference period, PREMIERE VISION reserves the right to change its rates at any time. Products and/or Services will be invoiced according to the rates applicable at the time the order is registered, as shown on the Website.

6.2. PAYMENT TERMS

The following methods of payment are accepted by PREMIERE VISION: bank card (Visa, Master Card and American Express), and bank transfer (charges to be borne by You). You will be charged in your local currency, according to the bank exchange rate applicable when the transaction is completed. The Website uses secure payment technologies (Secure Socket Layer – SSL) to protect the confidentiality and integrity of your bank details during transactions. Transactions are completed by Société Générale: https://www.societegenerale.fr/.

  • BANK CARD PAYMENT
    The Client’s bank account will be debited immediately following approval of the online payment made on the Website, on the order date. The order will be deemed effective following approval by the relevant bank payment centres of the effective payment. If a payment is rejected by a bank payment centre, the order will be automatically cancelled.
  • PAYMENT BY BANK TRANSFER
    If a payment is made by bank transfer, the order will be deemed effective once the payment has been approved by the bank payment centres and Première Vision’s account has been credited with the exact amount of the order, notwithstanding the time taken by each bank to debit and process payments.

6.3 VALIDATION OF PAYMENT AND CONFIRMATION OF THE ORDER

All the information communicated by the Client during the placing of the order is binding on the client. PREMIERE VISION cannot be held responsible for consequences that result from errors due to the incorrect entry of data by the Client. After approval of the order, the Client will receive an Order Confirmation email, automatically sent to the Client's email address, containing: a link for downloading their Pass, a link to their invoice, irrespective of the means of payment used, as well as the Sales Contract in PDF format.

6.4 RETENTION OF TITLE

The Products and/or Services ordered by the Client remain the exclusive property of PREMIERE VISION until full payment of the amount has been made by the Client. The order placed will be considered firm and definitive from the moment confirmation of payment of the order has been received from the authorised payment centre. Should payment for an order be refused by the authorised payment centre, the order will be automatically cancelled. The Client will be informed as soon as possible if PREMIERE VISION finds themselves unable to fulfil the order. In addition, PREMIERE VISION reserves the right to cancel the order of a Client with whom there Is a dispute; the allocation of a Pass is subject to the respect of the rules of procedure of PREMIERE VISION shows, annexed to the Sales Contract.

  1. RECEPTION OF PRODUCTS AND SERVICES ORDERED

7.1 ORDERS OF SERVICES

Orders for Passes are only sent by email. The Client's Pass is sent to their email address, it must be downloaded onto their mobile phone, or printed if they are unable to present a mobile phone on the day of the Show. This Pass is also accessible from their client account, either by signing in to the Website or by downloading the Première Vision app and signing In. The Pass must be presented at the entrance in order to access the Show. If, during their visit to the Show, the Client is unable to download the Pass, cannot present their mobile telephone or has forgotten to print the Pass, they must go to a help desk to have the pass printed by the PREMIERE VISION teams. They will then be able to enter the show. It will not be possible to enter the show without presenting the Pass, either on a mobile phone or printed onto paper. Printed passes are only valid if they are printed onto paper that Is blank on both sides, without altering the printing size, in portrait format (A4 vertical) using a laser or inkjet printer. Furthermore, good print quality Is essential. In the event of an incident or poor print quality, the Client must reprint their Pass(es) or will be refused access to the Show.

7.2 ORDERS OF PRODUCTS

As soon as the publications are available on the online store of the Website, the Client will place their online order and must collect the colour range(s) ordered directly at the Show's place. The publications are not mailed to Clients.

  1. CONDITIONS FOR USING THE PASS

8.1 Access to the Show

To use the Pass and access the Show, the Client must present their Pass downloaded onto their mobile phone, or where this is not possible, print it out according to the conditions set out in Article 7 of the Sales Contract. Each Pass ordered can only presented by one single holder (with the possibility of multiple entrances and exits during the day). PREMIERE VISION can refuse access to the Show if it observes that a single Pass has been used many times and that the holder of a Pass has already been granted access to the Show. The Pass is only valid on the date, time and place set out in the Pass description. Furthermore, the Client is advised to carry a valid official identity document bearing a recent photograph, to be presented at the various checkpoints. PREMIERE VISION reserves the right to refuse the Client access to the show if this is not respected.

8.2 Prohibitions, restrictions of access, exclusion from the Show

It is strictly forbidden to reproduce, duplicate or counterfeit a Pass in any way whatsoever. It is also strictly forbidden, without prior and express approval from PREMIERE VISION to sell, transfer or offer for sale or transfer (notably on websites) in any form whatsoever, alone or with associated services, for free or for payment, one or many Passes acquired by the Client, whether this acquisition was at no cost or via payment.

All Clients attending the Show undertake to maintain polite and respectful behaviour. PREMIERE VISION reserves the possibility at any time to exclude from the Show any holder of a Pass, without refund or compensation of any form whatsoever, should they display behaviour or cause any incident that could affect the smooth running of the Show, or the health, tranquillity and safety of other people present. It Is stated that Clients are subject to any possible particular conditions imposed by PREMIERE VISION and/or other companies operating the reception areas of the Show, and notably the Rules of Procedure set out in Annex 1. In particular, Client attention is drawn to the respect of all the hygiene regulations relating to the fight against the propagation of Coronavirus.

  1. CANCELLATION - POSTPONEMENT - FORCE MAJEURE

The Pass(es) supplied by PREMIERE VISION in response to an order by the Client cannot be exchanged or refunded except where PREMIERE VISION cancels the Show. Should PREMIERE VISION cancel the Show, Clients may request the refund of the Pass(es). Should the Show be postponed, the Pass(es) remain valid for the new Show dates; however, Clients who are not available on the new Show dates may request a refund of their Pass(es).

Any Client who is refused access to the show for failure to respect the Sales Contract, the behaviour rules imposed by PREMIERE VISION and/or the company operating the Show site, and more generally the French regulations in force will not receive a refund of their Pass under any circumstances. In application of the measures set out in article 1218 of the French Civil Code, the obligations of PREMIERE VISION will be suspended in the case of an event of force majeure. It Is expressly agreed that the following events in particular are considered force majeure: pandemic, war, riot, fire, general strike, natural disaster, shortage of raw materials, transport strike, closure/cancellation of the Show decided by a competent authority holding the necessary police powers, even if the legal and judicial conditions for force majeure are not applicable.

  1. COMPULSORY PERFORMANCE

Given the specific nature of the Provision of Services and Products concerned and of the indispensable know-how necessary to the performance of the obligations of Première Vision under the Contract, the Parties expressly agree to exclude the application of the provisions of Articles 1221 and 1222 of the French Civil Code.

  1. UNFORESEEN EVENTS

With regard to the duration of the Provision of Services and Products concerned, the Client and Première Vision agree to exclude the application of the provisions of Article 1195 of the French Civil Code.

  1. LIABILITY

12.1 Première Vision cannot be held liable, in any case, for the non-performance or improper performance of the contract due to the Client, due to the unforeseeable and unavoidable act of a third party and/or due to force majeure as defined in the clause 9 of the Sales Contract. Furthermore, the Client is invited to watch his personal belongings at any time. Première Vision cannot be held liable in case of deterioration or theft and suggest to the Clients not to bring valuable belongings to the Show. Première Vision cannot be held liable in case of vandalism acts, voluntary destruction, abuses or theft committed by a Client during the Show. The Client shall be held liable for those voluntary acts.

12.2 For the delivery of the Pass(es)

Unless there is a malfunction of the Website for which it is liable, PREMIERE VISION cannot be held responsible for anomalies that may occur during the ordering, processing, downloading or printing of a Pass, which are attributable either to the Client or to a third party to the service for unforeseen and insurmountable reasons, or due to a case of Force Majeure as set out In Article 9 of the Sales Contract. Similarly, PREMIERE VISION cannot be held liable for any breakdowns or problems of a technical nature concerning the material, programmes and software or the internet network which may result in the suspension or cessation of the service. 

12.3 In the event where, at the time of the execution of the Sales Contract, PREMIERE VISION is liable, in whatever form and for whatever reason, for any compensation and notably direct and Indirect compensation (Including immaterial damage), this compensation will be strictly limited to an amount that Is equal to the amount or the proportion of the amount set out In the Sales Contract, judicially recognised as not having been implemented or as defective, and this amount may not exceed the upper limit(s) set out In the PREMIERE VISION insurance policies, limits which PREMIERE VISION will provide to the Client on request.

  1. PERSONAL DATA

All information about the processing of personal data carried out by Première Vision as part of the Contract are in the Première Vision’s Privacy Policy accessible to the following URL: https://www.premierevision.com/en/privacy-policy/

  1. INTELLECTUAL PROPERTY

Première Vision holds all of the rights of use, display, operation, reproduction, representation, adaptation and translation for all of the elements that comprise the Website, including the graphic charters, titles, Website maps, texts, articles, analyses and writing, pictures, videos, images, logos and marks or any other informational and/or downloadable content put online by Première Vision. The Website and its Content are protected by French copyright law and related rights (Articles L.122-4 et seq. of the French Intellectual Property Code) which prohibit the reproduction in whole or in part of these various constituent elements without the consent of Première Vision. The Client undertakes to respect the copyrights, trademark rights and database producer’s rights held by Première Vision; it acknowledges that the databases created by Première Vision are its sole property. PREMIERE VISION consents only to giving the Client a simple, private, non-collective and exclusive right of use of all content published on the Website as well as authorisation to reproduce the material digitally on the computer used to consult the Website in order to visualise the pages consulted by the Client's internet browser. The Client shall refrain from transferring or granting information obtained from the Website and shall refrain creating any derivative works based on the Content of the Website. The Website and its components constitute a copyright work under intellectual property law. Any representation, reproduction, modification, transmission, translation or in general any use of the Website and its technical or graphical components are strictly forbidden without the prior authorisation of Première Vision.

Provision of the Services does not involve any transfer or granting of any intellectual property rights, apart from the right for the Client to use the Services provided online on the Website by Première Vision, within the limits specified on https://www.premierevision.com/fr/conditions-generales-dutilisation/  and herein. Any full or partial reproduction of any of these elements without the prior written authorisation of Première Vision is strictly prohibited. Any breach of this clause will constitute an infringing act and might result in legal action against the Clients, in accordance with the regulation and legislation in force. The use of hyperlinks about and referring to the Website without the prior written authorisation of PREMIERE VISION is also strictly prohibited. The Client can obtain an authorisation by an email addressed to the administrator.

  1. AUTHORIZATION FOR USE OF IMAGE, VOICE, PERFORMANCE, LIKENESS

By accessing to the Show, the Client shall accept that during its participation to the Show or to the seminary, his image, his first name and last name, his voice and/or his remarks (together or separately) could be registered and fixed on different supports by Première Vision and/or any habilitated person, and to reproduce and represent the records made, without limitation of quantity, wholly or partly, on any external communication support, institutional or advertising, concerning the Show or the seminary. The records made and freely selected should be reproduced in this framework exclusively, any other use of the records must be object to prior written and express consent of the Client. This authorization is exclusively ex gratia. The use of the Client’s image does not give the Client the right to any financial compensation. The Client waives the right to any compensation on this ground as any use right related to potential communication of the partners of the Show.

  1. GOVERNING LAW AND DISPUTE RESOLUTION

The Contract and every order of Products and Services between the Client and Première Vision are governed by the laws of France.

Any dispute arising between the CLIENT AND PREMIERE VISION out of or in connection in particular with the construction, and/or validity, and/or performance/non-performance, and/or termination of the Agreement shall be subject to the exclusive jurisdiction of the Commercial Court of Lyon, EVEN IN THE EVENT OF THIRD-PARTY PROCEEDINGS OR A PLURALITY OF DEFENDANTS, INCLUDING ANY DISPUTE RELATING TO THE BREACH OF THE CONTRACT OR ANY COMMERCIAL RELATIONSHIP THAT WOULD BE TAKEN INTO CONSIDERATION UNDER THE PROVISIONS OF ARTICLE L.442-1 OF THE FRENCH COMMERCIAL CODE.

  1. ANNEX

Appendices are an integral part of this Contract.

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ANNEX 1: RULES OF PROCEDURE OF THE SHOW, FOR THE ATTENTION OF VISITORS

DEFINITIONS:

  • "Visitor" means any person present at the Show for whatever reason (exhibitor, participant, etc.);
  • "PREMIERE VISION" means the company organising the Show, namely PREMIERE VISION, a company limited by shares with a Management board and a Supervisory Board, with capital of 10 050 352 euros registered at the Lyon Commercial Companies Register under number 403 131 956 and whose registered head office is located at 59 quai Rambaud, CS 30162, 69285 Lyon;
  • "Pass" means an entrance ticket to the Show, bought on the Website or at the Show;
  • "Website" means the website of PREMIERE VISION at the following URL: https://www.premierevision.com and its sub-domain: https://visitors.premierevision.com;
  • "Rules of Procedure" means this document, drawn up by PREMIERE VISION and setting out the rules of access to the Show;
  • "Show" means all the shows organised by PREMIERE VISION from 15 - 16 September 2020 at Paris Nord Villepinte and notably: Première Vision Yarns, Première Vision Fabrics, Première Vision Leather, Première Vision Designs, Première Vision Accessories, Première Vision Proximity, Premiere Vision Overseas, Smart Creation.

Article 1 - ENTRY TO THE SHOWS

1.1 Entry to the Shows concerns mainly trade visitors from the Textiles and Clothing industry. We would ask you to carry some form of personal and professional identification that you may be asked to produce at any time for security purposes.

1.2 All commercial activities (sale, distribution, various commercial transactions) are strictly forbidden except on exhibitors’ stands. This rule applies to the whole of the Parc des Expositions (car parks, reception area, station approaches).

1.3 Access to the Shows is paying and valid for the duration of the Shows. The entry fee for visitors is decided by PREMIERE VISION S.A., rates are available on PREMIERE VISION S.A. web site or at the entrance of the Shows on each cash desks.

Article 2 – REQUIREMENTS

2.1. Visitors are required to observe strictly the Rules and Regulations as well as the public order, police and security regulations decided upon by the Organizers and the authorities.
2.2 Badge wearing:

  • Whilst inside the Shows area, visitors are required to wear the badge issued to them either on entry to the Shows or by post.
  • Personal badges must be worn at all times when at the Shows.
  • All badges must correspond to the actual identity or job title of the wearer.

2.3 Photographs - Films:

Neither photographic equipment (camera, television camera or camcorder…) nor magnifying glass are permitted in the Shows.

These restrictions do not apply to photographers authorized by the Organisers.

2.4 Collections:

The following is strictly forbidden to:

  • Cut off bits of presented fabrics, leathers or furs, designs, garments or any other kind of sample, and pull or take threads from them, tear off accessories.
  • Bring to or present at the Shows fibre, yarn, fabric, leather or fur, garment accessories, manufactured garments or drawing collections anywhere other than the exhibitors’ stands.

2.5 Copying – Counterfeiting:

It Is formally forbidden to make precise sketches of fabrics, designs, leathers and furs, accessories, other samples or prototypes of garments present in the fashion information areas. In the event of a dispute, the COPYRIGHT® unit, managed by PREMIERE VISION, is the only body authorised to resolve disputes.

2.6 Luggage: All luggage should be left at the cloakrooms.

2.7 Phones: Cellular phones are forbidden on the Forums.

2.8: Health and hygiene rules: Visitors are invited to scrupulously respect all the health and hygiene measures set out by PREMIERE VISION and/or the operator of the Show premises, notably the rules regarding the fight against the propagation of coronavirus.

Article 3 - SANCTIONS

In order to ensure the Show runs smoothly, PREMIERE VISION reserves the right to:

  • Exclude any person infringing these Rules of Procedure.
  • To confiscate any photographic film brought into the Shows without authorization.
  • To confiscate any sketch or drawing executed for the purposes of copying or counterfeit.
  • To confiscate any unauthorized fabrics, leathers or furs, designs, yarns, fibres, accessories or garment prototypes collection.

If necessary, the Organisers may call upon the police to maintain the quality of the Shows organisation and to protect the exhibitors against copying and counterfeiting.

Article 4 - MISCELLANEOUS

Neither children nor animals are admitted to the Shows. Walkie-talkies or any other means of radio communication are not permitted.