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General Terms and Conditions for Service

Terms of Service applicable from 12 February 2016:

 

1 – Introduction

La Devanture is a French « Société par actions simplifiée » registered under the number 817 575 418 and headquartered on 4, rue de la Sorbonne, Paris (75005).

The company operates the website www.ladevanture.com ("Platform") to provide the Service defined below and to connect Owners and Tenants, so that they can conclude a contract whose object is the rental of Pop Up Stores for a defined period and price.

 

2 – Key terms

  • Platform: The website www.ladevanture.com is operated by the company called La Devanture;
  • Service provider: The company called La Devanture mentioned above and party to the contract;
  • Service: The service offered by the Platform and defined in “5 – Service performed” below;
  • Client: Any user of the Platform necessarily acting on the behalf of a professional organisation and enjoying the Service provided by La Devanture;
  • Professional organisation: A person or organisation that cannot pretend to the quality of being a simple consumer as defined per the French law n°2014-344 from the 17 March 2014; 

  • Tenant: Client of La Devanture who is keen to sell or display its products or services in a physical space for a defined period;
  • Owner: Client of La Devanture interested in renting the properties it owns or rents (providing the client benefits from a written agreement with the owner of the properties offered) via the Platform;
  • Pop Up Store: Retail space offered for a defined period by an Owner to a Tenant through the Service provided by La Devanture.

 

3 – General terms

3.1      These General terms represents the agreement under which the rights and obligations of the Service Provider, the Owner and the Tenant are defined in the context of the Service provided.

3.2      The Client declares having read the General Terms and Conditions for Service and having accepted them without reservation before engaging with the Service Provider.

  

4 – Scope of services

4.1      These General Terms and Conditions for Service determine the contractual conditions applicable to the provision of services offered by the Service Provider to its Clients.

 

5 – Nature of services

5.1      The present conditions are agreed between the parties to facilitate the listing and booking by a Tenant of a Pop Up Store owned by an Owner via the intermediary of the Platform and Service Provider.

 

5.2      La Devanture provides a service of introduction between the Owner and the Tenant, which is expected to lead to the rental of a point of sale (Pop Up Store). The service provider also offers some premium ancillary services (e.g. rental of payment terminals, introduction to partners able to facilitate the organisation of an event...)

 

5.3      The services provided by La Devanture are for Owners, who each have at least one retail property that can host a Pop Up Store and who are interested in advertising their property on the Platform, as well as for Tenants, who are keen to rent a retail space for a defined period to sell or display their products.

 

6 – Remote Services

6.1      The Owners and the Tenants recognise without reservation and restriction that they have received all the information relating to the Service provided before accepting it in accordance with the requirements for services provided remotely as governed by the French law L. 121-18 and L .113-3 and in accordance with the French Consumer Code.

  

Article 7 – Agreement of these terms

7.1      The relationship between the Service Provider and the Clients are governed by these General Terms and Conditions for Service.

 

7.2      The Clients declares having read and accepted these General Terms and Conditions for Service before registering their interest for a Pop Up Store on the Platform.

 

7.3      Clients will receive a confirmation of their interest for a Pop Up Store on the email address specified in their identifications on www.ladevanture.com website.

 

7.4      The confirmation in accordance with the provisions of the Article L 121- 19 of the French Consumer Code, contains:

  

- Confirmation of the information referred to in 1 to 4 of the French laws L 121- 18 and those contained in addition to the French laws L. 111-1, L. 111-2, L. 113-3 and L. 214- 1, unless the Client has fulfilled this obligation before the conclusion of the contract;

 

- Information about our after sales service and commercial guarantees.

  

8 – Services

8.1      Pop up stores Rental

 

The Platform is the marketplace on which Owners offer the rental of Pop Up Stores to Tenants for a definite price and period.

The rental is characterized by the provision of a Retail Space by the Owner to the Tenant, providing the Tenants with a right to exploit the Pop Up Store, for a definite period.

In consideration for the Service provided by La Devanture, the Owner will have to pay the Service Provider (la Devanture) a 10% commission on the rental income generated through the Platform.

 

8.2      Ancillary services

 

The Service Provider also offers Tenants depending on their needs some premium ancillary services such as:

- Introduction to a network of vetted partners (insurance providers, furniture rental company, photographers, temporary agencies, etc…)

- Rental of payment terminals

 

9 – Price and Payment terms

9.1      General Provisions

 

9.1.1   Rental prices are expressed in euros and exclude taxes. Users should applied to the amount displayed on the Platform the applicable VAT rate (20% since 01/06/2014) to calculate the amount including tax (“TTC”).

 

9.1.2   Rental prices displayed on the Platform can be changed at any time without notice. The Service will be billed based on prices in effect at the time of the order or at the signature of the contract.

 

9.2      Pop Up Store rental

 

9.2.1   The price in euros (excluding taxes) of the rental of the Pop up store is defined by the Owner based on the leasing value of the property and the duration of the rental. This price takes into account the Service fee mentioned in 8.1 and paid by the owner to La Devanture for the introduction to a Tenant.

 

9.2.2   Payment terms: the payment of the rental price is due by the Tenant upon conclusion of the agreement by bank transfer to La Devanture. La Devanture will charge and invoice its commission for its Service to the Owner. La Devanture will then pay the owner the rent collected, adjusted for the commission, within 7 working days from the receipt of payment of the Tenant. The Tenant warrants that it has full authority to make the payment and that it has sufficient funds to cover all costs resulting from the rental and, where applicable, from the premium ancillary services.

 

9.3      Ancillary services

 

9.3.1   The price of ancillary services is defined by La Devanture and is a function of the premium services requested by the Tenants. The Tenant will receive a quotation with the price of the services requested.

 

9.3.2   Once the quotation received has been accepted by the Tenant, a payment of a 30% up-front advance on the price will have to be completed by the Tenant via bank transfer. The balance of the price will have to be paid by the Tenant within five (5) days prior to the effective date of the start of the Pop Up Store. The tenant warrants that it has full authority to make the payment and that it has sufficient funds to cover all costs resulting from these ancillary services.

 

10 – Duration

Le présent contrat prendra fin de plein droit à la date de signature du contrat de dépôt- commissionnement, ou à la date de signature du bail dérogatoire.

  

11 – Right of withdrawal

The right of withdrawal defined in the French law L121-16 and in the French Consumer Code to the benefit of consumers, in the context of a distance contract between the consumers and a professional, is not applicable in the present contract. The parties to the present contract cannot take advantage of the capacity of consumer within the meaning of the French law No. 2014-344 of 17 March 2014 as stipulated in the second article of the present General Terms and Conditions for Service. Consequently, Clients can’t benefit from the same rights of withdrawal than consumers.

  

12 – Force majeure

12.1    The Service Provider cannot be held responsible for non-fulfilment or improper performance of its obligations due either to a misconduct of any of its Clients or to the insurmountable and unpredictable fact created by a third party outside of La Devanture’s control, or in a case of force majeure.

 

12.2    As such, force majeure means any external, unforeseeable and irresistible event as per the French law 1148 of the Civil Code, independent of The Service Provider’s will and beyond its control. Indicative events include but are not limited to: natural disasters, governmental restrictions, social unrest and riots, wars, accidents in the premises of the Owner, EDF service interruptions. The defaulting party for reasons of force majeure will have to notify the other parties within a maximum of five (5) days from the occurrence of such event by registered letter with an acknowledgement of receipt and provide proof of the event.

 

12.3    The defaulting party will make every effort to eliminate the causes of the delay and will resume performance of its obligations as soon as the force majeure event cited hereinabove is resolved. However, if the force majeure continues beyond the period of fifteen (15) days from the date of receipt of the notification, each party has the right to terminate the agreement without awarding damages to the other parties affected. Such termination shall take effect on the date of receipt by the other party of the termination letter sent with a registered return receipt.

 

12.4    In the event of a terminated agreement due to force majeure, the Client must pay the service provider all amounts due up to the date of termination.

 

 13 – Duties and confidentiality

13.1    The Service Provider agrees to:

- Observe strict confidentiality regarding the information provided by the Client, and designated as such;

- Do not disclose any information on the work and services performed for the Client without their explicit agreement;

- Return any materials provided by the Client at the end of the mission;

- Sign a confidentiality agreement if requested by the Client.

 

13.2    Will not be considered confidential, the information

- Generally available to the public elsewhere;

- Needed to be disclosed to complete the formalities prescribed by the law.

 

13.3    The terms of the contract executed by the parties are considered confidential and as such cannot be disclosed to unauthorized third parties.

 

13.4    Owners and Tenants introduced to each other through the Service Provider, refrain from dealing directly with each other. Otherwise, the Service Provider shall be entitled to seek the settlement of its commission in accordance with these General Terms and Conditions for Service.

 

14 – Responsibility

14.1    Considering the nature of the services provided, the obligation of the Service Provider is an obligation of means, rather than one of result.

 

14.2    The Service Provider agrees to provide the services in the best way possible in accordance with the terms and conditions of the agreement and in compliance with applicable laws and regulations.

 

14.3    Each party is liable to the others for any breach of its obligations.

 

14.4    Clients agree to make available to the Service Provider all the information and documents needed for the successful completion of the Service within the agreed time.

 

14.5    The responsibility of the Service Provider shall not be engaged:

- In case of dispute or litigation between the Owner and the Tenant

- For an error caused by a lack of information or inaccurate information provided by a Client,

- For a delay caused by a Client that would lead to the inability of the Service Provider to meet a deadline agreed or prescribed by law,

- For any information hidden or invisible to the naked eye, or for hidden defects of any kind.

 

14.6    The responsibility of the Service Provider, if proven, will be limited to an amount (excluding taxes) not exceeding half of the total commission (excluding tax) paid by the Client for the Service provided at the time of the complaint, received by letter with acknowledgment of receipt.

 

14.7    Parties to the rental contract

 

14.7.1 The Owner and the Tenant are exclusively the only parties to the rental contract.

 

14.7.2 La Devanture only performs the introduction of the Owner and the Tenant, the billing and collection of the rent on behalf of the Owner and can therefore in no event be liable with regard to the provision or non-payment of rent by the Tenant.

 

14.7.3 La Devanture will in no way be responsible for issues related to the Pop Up Store rental between the Owner and the Tenant. Also, La Devanture cannot be deemed liable in the event of fraudulent use of payment instruments by the Tenant.

 

14.8    La Devanture reminds its Clients of the obligation to subscribe to an insurance contract for the rental of the space.

  

15 – Applicable law

15.1    The present General Terms and Conditions for Service and the completion of the Service provided are governed by French law.

 

15.2    Although this General Terms and Conditions for Service are translated into English and other languages, only the French text prevails in case of dispute or litigation.

 

16 – Client acceptance

These General Terms and Conditions for Service are explicitly approved and accepted by the Client, who declares and admits having a perfect knowledge, and thereby waivers prevailing of any third party document

 

17 – Legal notices

This website is published by the company La Devanture, a French Société par actions simplifiée with a share capital of 10,000 euros, registered in the Paris Trade and Companies Registry under the number 817 575 418, and with offices at 4 rue de la Sorbonne in Paris (75005).

 

The web host is the company WYlog. The site www.ladevanture.com is the subject of a declaration under the number 1930703 dated 02.12.2016 with the Commission Nationale Informatique et Libertés (CNIL) under Law No. 78-17 of January 6, 1978 amended in 2004, relating to information technology, files and liberties.

 

Any user has the right to access, correct or oppose the treatment of their personal data, by contacting the publisher of the website by e-mail or by post to the address above.

 

Article 18 – Miscellaneous

In the event that any term of these General Terms and Conditions for Service would be considered illegal or unenforceable by a court, other provisions shall remain in full force and effect.

 

19 – Protection of personal data

19.1    Type of personal data collected by La Devanture

 

19.1.1 Personal data of Clients collected by La Devanture include: (i) their names and surnames; (Ii) their email addresses; (iii) telephone numbers; (iv) their IP addresses (virtual addresses of their computers); (v) their unique IDs and passwords; (vi) the images, pictures, etc. uploaded on the website for the various spaces advertised on the Platform.

 

19.2    Responsibility

 

19.2.1             The responsible entity for managing Clients’ personal data is the company La Devanture described in section 1.

 

19.3    Purpose for collecting the data

 

19.3.1 The personal data are collected from Clients to allow La Devanture to: (i) publish and manage the ads of Owners; (ii) send to Owners the rental inquiries from Tenants on their properties; (iii) establishment of general traffic statistics for the Platform and its different sections; (iv) contact Owners to renew or change their ads.

 

19.4    CNIL declaration

 

19.4.1 In accordance with the French law No. 78-17 of 6 January 1978 on information technology, files and liberties, amended by law No. 2004-81 of 6 August 2004, Clients are informed that the Platform as well as the client files of La Devanture have been declared to the Commission Nationale Informatique et Libertés (CNIL). La Devanture is committed to protect all personal data of its Clients. These data are collected and processed by La Devanture with the strictest confidentiality, in accordance with the provisions of the French laws mentioned hereinabove.

 

19.5    Right of opposition, access, correction and deletion

 

19.5.1 In accordance with the articles 38, 39 and 40 of the French law No. 78-17 on information technology, files and liberties of 6 January 1978 amended by the law No. 2004-81 of 6 August 2004, Clients have at any time, the ability to:

- Oppose the treatment of their personal data needed in the context of the Services provided by La Devanture (Article 38 of the French Data Protection Act);

- Oppose the disclosure of their personal data to third parties;

- Access all of their personal data collected by the Service provider to provide the Service described above (Article 39 of the French Data Protection Act);

- Correct, update, and delete their personal data by the Service provider to provide the Service described above (Article 40 the French Data Protection Act);

 

19.6    Conditions to exercise these rights

 

19.6.1 To exercise their rights, any Client can send a simple letter with a proof of identity (mentioning their full name, email address and a copy of their identity card or passport) - in accordance with articles 39 and 40 of the French law No. 78-17 on information technology, files and liberties of 6 January 1978 amended by the French law No. 2004-81 of 6 August 2004 – to La Devanture at the following address: La Devanture, 4 rue de la Sorbonne, 75005 Paris

 

 19.7   Security and personal data storage

 

19.7.1 La Devanture collects and processes personal data of Owners and Tenants with the utmost confidentiality and in accordance with the provisions of the French law No. 78-17 on information technology, files and liberties of 6 January 1978 amended by the French law No. 2004-81 of 6 August 2004. La Devanture is committed to taking all reasonable steps to secure and protect personal data that it collects and processes. All personal data of the Owners and Tenants are subject to electronic storage by La Devanture throughout the duration of their registration and are deleted once their memberships terminate or on request.

 

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