Terms of sales | Com&Co Events

Article 1. Scope

1.1. The company COM&CO EVENTS, a French société par actions simplifiée incorporated under the laws of France with a share capital of 28.170 euros, having its registered office at 15 Boulevard Grawitz – 13016 Marseille (France) and registered with the Marseille Trade and Company Register under the number 528 558 125 (« COM&CO » or the « Company ») organizes scientific events where health professionals (the « Participants »), sponsors and partners (the “Sponsors”) may registered, within the framework of their business; Participants and Sponsors are together referred to as the “Clients”.

1.2. These terms of sales (the “Terms of Sales”) set forth the terms and conditions under which COM&CO sells, within events, (i) registration to the aforesaid events to Participants and (ii) partnership formulas to Sponsors.

1.3. These Terms of Sales apply, without any restriction, to any sale of services (with the exclusion of any provisions mentioned in the Clients’ documents and in particular their terms of purchases).

1.4. These Terms of Sales may be amended ; The version applicable to the Clients is the one in force when the Contract (as defined below) is signed.

1.5. The fact that COM&CO does not invoke any of these Terms of Sales against the Clients shall not be tantamount to an implied renunciation of these Terms of Sales.

Article 2. Registration

2.1. Any participation to the events as Participant or Sponsor will be formalized, depending on the situation, by the signature of order form, quotation or filling form duly completed.

2.2. The present Terms of Sales together with the order form, quotation or filling form duly completed constitute the agreement (the “Agreement”). By signing the order form, quotation or filling form, each Client acknowledges that he has read and accepts the Terms of Sales. For any ambiguity and/or contradiction between the Terms of Sales and the terms of the order form, quotation or filling form duly accepted, the latter shall prevail as specific conditions.

Article 3. Withdrawal period

By mutual agreement, the Company grants to the Clients the right to cancel the Agreement within seven (7) calendar days as from the date of its signature, by registered letter with acknowledgment of receipt. If this deadline expires on a Saturday, Sunday or a bank holiday, it will be extended to the first working day thereafter.

Article 4. Cancellation on the Clients’ initiative

Clients shall notify their cancellation request in written by registered letter with acknowledgment of receipt.

4.1. Sponsor

For any cancellation request (except of Force Majeure event), Sponsor shall pay the following amounts:

Cancellation notified and received by the Company more than one (1) month before the start of the event : 50% of the amount of the participation ;

Cancellation notified and received by the Company one (1) month and less before the start of the event : Total amount of the participation.

4.2. Participant

For any cancellation request (except of Force Majeure event), the following terms shall apply :

Cancellation notified and received by the Company up to sixty (60) calendar days before the start of the event : Entire refund to the Participant ;

Cancellation notified and received by the Company between sixty (60) and thirty (30) calendar days: Cancellation fees of 25 % retained by the Company ;

Cancellation notified and received by the Company thirty (30) calendar days before the event, no sum will be refunded.

Logistic costs (accommodation, transportation, etc.) will not be refunded, whatever the cancellation date.

Article 5. Cancellation – Postponing of the Event on the Company’s initiative

5.1. Cancellation at least forty-five (45) days before the start of the event

The Client has two (2) options :

– Either, refund of all the collected funds;

– Or, postponement of his participation, in the same terms with no additional fees, for next year.

The Company reserves the right to change the format of the event form physical to digital in order to avoid its cancellation. In this situation, the aforementioned conditions shall not apply. The Client has two (2) options :

– Either, get a refund of all paid funds;

– Or, participate to the event with adjustments fees, without any additional management costs.

5.2. Cancellation less than forty-five (45) days before the start of the event

The Client has two (2) options :

– Either, postponement of its participation, in the same terms with no additional fees, for next year;

– Or, get a refund of all paid funds deduction of 10% as administrative costs.

– Either, get a refund of all paid funds deduction of 10% as administrative costs ;

– Or, participate to the event with adjustments fees, without any additional management costs.

Sponsors can only claim to participate to the event with adjustments fees without any additional management costs.

5.3. Postponement of the event

If the event is postponed to take place during the ongoing year the Client shall not claim any refund.

If the event is postponed to take place for next year, provisions of articles 5.1 and 5.2 shall apply.

5.4. Force majeure

Any situation resulting from unpredictable circumstance preventing both parties from performing the Agreement will constitute a Force Majeure event as mentioned on the Civil Code (Art. 1218, example, pandemic, strikes, etc.…).

If the event is cancelled because of a force majeure event, provisions of article 5.2 shall apply.

If the event is postponed because of a force majeure, provisions of article 5.3 shall apply.

Article 6. Prices

Applicable prices are those in effect the day of the sending of the order form or the registration form to the Client. They are denominated in euros. They are calculated exclusive of tax for order forms and increased by the VAT for registration forms.

Article 7. Terms of payment

7.1. For Sponsors

7.1.1. Unless otherwise mentioned, all prices shall be paid at the latest thirty (30) calendar days before the start of the event. If the Agreement is concluded before this period, payment shall be made before the start of the event. No discount shall be granted for early payment. Payment shall be made in euros, at the Sponsor choice, (i) by check to COM&CO EVENTS or (ii) by bank transfer.

7.1.2. 50,00 euros excluding VAT will be invoiced separately as administration fee.

7.1.3. Outstanding invoices will be immediately due and shall entail interest of 2.5% on the total, per started month. In accordance with article L.441-10 and D.441-5 of the French Commercial Code, Sponsors shall paid a fixed rate allowance for recovery cost (indemnité forfaitaire pour frais de recouvrement) of 40 € ; the Company may request an additional compensation should the costs be higher than the above-mentioned allowance.

7.1.4. An identification of the VAT number is required for the invoicing. Sponsors who will not have communicated their VAT number for international events will be subjected to pay the associated fees

7.2. For Participants

The full price invoiced (registration fees, transportation and accommodation fees, etc.) shall be paid before the start of the event. No discount shall be granted for early payment.

Payments shall be made in euros, at the Participant choice: (i) by check to COM&CO EVENTS, (ii) by bank transfer or (iii) by debit card on the website : comnco.com/paiement.

In the absence of payment in the agreed time-limit, the Company reserves the right to terminate the Agreement, at the Participant’s fault, and deny him access to the event.

The Company shall have the right to refuse a registration from a Participant because of an actual or a former dispute arising out of or in connection with a previous order including the payment.

Article 8. Rights and obligations of the Company towards Sponsors

8.1. The Company agrees to use all resources at its disposal to ensure customer satisfaction within the limits of the contractual services. If the Agreement grants the right to the attribution of an exhibition area while respecting the individual wishes. However, the Company reserves the right to modify the place in the event of absolute necessity, and this without the exhibitor being able to claim any damages.

8.2. Any decoration or special arrangement shall be approved to the preliminary agreement or the prior approval of the Company.

Article 9. Limitation of liability towards Sponsor

9.1. The responsibility of each of the parties is limited to the commitments undertaken within the Agreement. As a consequence, the Company shall not be held liable for any direct or indirect prejudice linked to the intervention outside the agreement of one or several of the contractors.

9.2. If the organizing committee or the Company decides to cancel the event, for any reason, the Company shall not pay any indemnity.

9.3. The Company shall not be held liable for any delay or change of date of the event due to directors’ decision.

Article 10. Installation/removal towards Sponsors

Sponsors shall comply with deadlines mentioned on the technical file. The exhibitor shall comply with moving in and moving out schedules mentioned in the exhibitor file. Sponsors shall ensure that the stands remain in good condition, clean and in order. Until the complete removal of the stands, it is mandatory to provide a stand manager by the sponsor to avoid theft.

Any transfer or subleasing of the stand, for free or for a fee, is forbidden unless otherwise decided by the Company.

Article 11. Insurances and security regarding Sponsors

Sponsors are deemed to know safety measures implemented by public authorities Sponsors shall have subscribed an insurance policy regarding their liability and property damages so that the Company shall not be held liable. Whatever the cause or nature of the damages, Sponsors and their subcontractors acknowledge that they have waived any claims against the Company.

Article 12. Rules and regulations

12.1. Clients shall comply with rules and regulations displayed in the premises where the event takes place. The Company reserves the right to expel, at any time and without any indemnity of any kind, any Client whose behavior may disturb the smooth performance of the event and/or breach applicable rules and regulations.

12.2. Sponsors shall bear the costs of any damages to the premises where the event takes place, stands, floors by their displayed products.

Article 13. Compliance – Transparency

13.1. The Company and the Client undertake to comply with all laws and ethic requirements applicable to their business and acknowledge that they comply with all conditions and have all necessary authorization for the purpose of the Agreement.

13.2. The Company and the Client undertake to comply with anti-corruption laws and all rules and regulations applicable to health professionals, pharmaceutical products and medical devices. The Company and the Client undertake to comply with transparency, publication and reporting obligation regarding public health. They undertake to provide the other party with all necessary information to enable it to comply with its obligations.

Article 14. Personal data

14.1. When the Client, within its participation to the event, provides the Company with personal data, the Company undertakes to collect and process this data in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and French laws.

14.2. Within this event, the Company may collect the Client’s data (including its employees) (the “Data”).

Purposes : Data is collected and processed for the following purposes :

For the performance of the event (management of customer relation, of payment, of clam, etc.…) ;

To comply with our legal obligations ;

To serve our legitimate interests (proof of transactions, etc.…) ;

To comply with your consent;

Other purposes : the Company keeps a transaction history and other commercial documents in order to comply to legal, administrative, insurance or audits requirements.

Nature of personal data : For informative purpose: first name, last name, address, email, phone number, bank detail, RPPS number.

Retention period : During the event and as long as it may be required by laws.

Beneficiaries : (i) Employees of the Company ; (ii) services providers and partners of the Company ; (iii) French and foreign legal authorities ; (iv) third parties.

Legal grounds : The process of Data is necessary for the performance of the Agreement.

Rights to exercise : The Client and its employees have a right to access, to correct, to erase, to restrict the processing of Data, to object to the processing of the Data, right to Data portability, to establish instructions for the management of Data, to withdraw their consent.

14.3. The Client and its employees may exercise their rights or request a written copy of their Data directly by email: dataprivacy@othrys-healthcare.com or by mail : COM&CO EVENTS – 15 Boulevard Grawitz – 13016 Marseille. In the event of dispute, the Client may contact the Commission Nationale de l’Informatique et des Libertés (CNIL) via its website: www.cnil.fr.

Article 15. Governing laws and competent courts

15.1. The Agreement is governed and constructed in accordance with French laws.

15.2. Any dispute arising out of or in connection with the validity, interpretation, performance or termination of the Agreement, the parties will do their best efforts to settle amicably the dispute within thirty (30) days from notification by a party to the other. In the absence of amicable settlement, disputes shall be subject to the exclusive jurisdictions of Marseille (France).

Last update October 18th 2024