Preamble: Parties and contractual baseline
2- Presentation of Passes on the Site
3- Ordering of Passes
4- Event Pricing
6- Option to withdraw
7- Performance of the Event – Cancellation – Delays
8- Customer and/or Participant responsibilities
9- Miscellaneous Provisions
10- Dispute resolution
Web2day is an event to be organised in Nantes by LA CANTINE Association as described in the document entitled “Legal Notices” which is accessible via the dedicated website located at www.web2day.co (hereafter, the “Site”) and offering conferences, workshops, showcases, startup competitions and concerts around the theme of innovation in the digital sector (hereafter, the “Event”).
The dates and fees applicable to the Event are specified on the Site.
The Site is a platform that allows the sale and purchase of tickets for the Event (hereafter referred to as a “Pass”), issued by the LA CANTINE Association.
The general terms and conditions governing the sale of tickets for the Event (hereafter “this Agreement”) are entered into, in the first party, by the LA CANTINE Association and, in counterparty, the Customer and/or the Participant as defined hereafter. It is specified that this Agreement shall not apply to any order placed on an ad hoc basis.
The “Customer” shall mean any person who identifies him or herself as such and who wishes to purchase one or more Passes for the Event via the Site.
The non professional Customer, as a consumer or otherwise dealing other than in the course of business, is entitled in such capacity to specific rights set out, in particular, in the French Code of Consumer Law. The Customer acknowledges that these rights may not apply if reservations made via the site are entered into in the course of a business.
The Customer represents that he or she is a natural person and aged at least 18 years old and has full legal capacity or is the holder of parental authorisation entitling him or her to make a reservation on the Site. The Participant is the person registered for the Event by the Customer.
The Legal Notices available on the Site also apply to this Agreement, and each and every one of these documents is binding on the Customer and the Participant.
This Agreement shall enter into force with effect from 10 December 2018.
LA CANTINE may modify this agreement at any time in order to take account of any legislative change or change in interpretation or court ruling applicable to e-commerce and/or to take into account any technical change or evolution of the Site.
1 – Scope
The purpose of this Agreement is to set out the terms and conditions governing any purchase of a Pass for the Event on the Site by the Customer.
Internet users who are not resident in France and who wish to place an order via the Site must verify whether the law that applies to them permits them to engage in transactions of this nature. The existence of the Site shall not be deemed to be an act of solicitation but instead any transaction shall be deemed to be a contract entered into at a distance.
2 – Presentation of Passes on the Site
2.1 – LA CANTINE Association has provided for a range of different options for attending the Event via a variety of different Passes. The various categories of Pass are described on the Site.
2.2 – The Pass is solely valid for the Event to which it relates, on the date and at the time, and subject to the conditions specified on the ticket. This ticket must be retained until the end of the Event.
3 – Ordering of Passes
3.1 – Conclusion of the Sale – Two Clicks
The contract for sale is validly concluded when, once Customer has elected the Passes, the Customer has firstly provided valid contact details for the Participant (the first click) and has been given the opportunity to read and accept the general terms and conditions of sale set out in his Agreement and has verified the content of the order (the selected Pass(es) and their price(s)), and has corrected any errors that may have occurred by way of the second click in accordance with the provisions of Articles 1369-1 to 1369-6 of the French Civil Code.
The two-click process shall be deemed to be consent on the part of the Customer and gives rise to liability for the sums due on purchase of the Pass(es) by the Customer.
In accordance with Article L221-14 of the Consumer Law Code, any order confirmed by the second click gives rise to an obligation of payment.
3.2 – Confirmation of the formation of a binding contract
An electronic mail message incorporating the terms and conditions of sale set out in this Agreement shall be sent to the Customer’s e-mail address in order to confirm that the contract has been concluded by way of a durable medium. Such e-mail shall contain all elements forming part of the general obligation to inform as specified in Articles L221-5 and L221-11 et seq. of the French Consumer Law Code.
The Customer is consequently strongly advised to retain this e-mail as proof of receipt.
For any question relating to the order, the Customer may contact LA CANTINE Association by electronic mail at the following address: firstname.lastname@example.org
3.3 – Delivery of Passes
The Customer and the Participants shall receive an e-mail enabling them to download their Passes via the link provided.
Participants are responsible for printing their own Passes.
In the event that any Pass is lost, stolen, or used without authorisation, there is no way to establish the authenticity of a home-printed Pass with certainty. Only the first person to present a ticket or any copy thereof shall be admitted to the premises where the Event takes place. Such person is presumed to be the legitimate bearer of the ticket. LA CANTINE Association shall not be held liable in this regard. In the event that the holder of a home-printed ticket is refused access to the premises where the Event takes place, such person shall not be entitled to any refund of the price paid.
3.4 – Proof of Transaction
The electronic data records, retained in the computer systems of LA CANTINE Association and its service provider under reasonable security conditions shall be deemed proof of communications, transactions, orders, and payments as between the Parties.
4 – Event Pricing
The prices specified on the Site are given in euro (€) inclusive of all taxes. The applicable rate of VAT is the current French VAT rate. In the event that the amount of French VAT changes, the prices (inclusive of tax) shall be amended instantaneously in response, without prior notice.
LA CANTINE Association shall be entitled to sell three-day Passes by way of forty-eight-hour flash sales by applying progressive pricing policies at any time prior to the date of the Event.
Early Bird sale from 10th December to 31th December: 129€ 3-day pass
Early Bird sale from 1st January to 15th March : 209€ 3-day pass
Final rates (1-day pass) from 16th March to 7th June 2019 : 149€ for 1-day pass (wednesday or thursday) OR 99€ for 1-day pass (friday)
Final rates (3-day pass) from16th March to 7th June 2019: €299 3-day pass
A student and unemployed rate of €39 including taxes will be available from 1st January 2019 for students and May 15th for unemployed. The number of places is limited.
IMPORTANT: Your student or unemployed card must still be valid at the time of the event An identity check will be carried out on site and entry will be refused, without any reimbursement, in the event of non-presentation of the requested cards.
Prices and applicable dates are specified on the Site. The LA CANTINE Association may change any of the categories set out above at any time. Nevertheless, such changes shall not apply to validly concluded orders in accordance with Article 3.1 above.
5 – Payment
5.1 – The Customer shall settle the amounts due for any order by bank card at the time when the order is approved.
5.2 – The Customer expressly acknowledges that, by providing a card number to LA CANTINE Association, he or she shall be deemed to have authorised the debiting of his or her account in consequence for the total amount specified in the order. The debit will take place at the time of formatting of the binding contract in accordance with Article 3.1 above.
The Site makes use of one of the highest performance security systems in accordance with the state of the art and uses the SSL (Secure Socket Layer) encryption process. Accordingly, only the bank processing the payment has access to confidential information including the card number and expiry date, which shall not be accessible by any third party. In the event that the bank rejects the payment, the Customer shall be notified by e-mail thereof and the order shall be cancelled automatically.
5.3 – The Customer may view and print the invoice on the order confirmation page.
5.4 – The Customer warrants and represents to the LA CANTINE Association that he or she has the authorisations required to make payment via the bank card used when purchasing Pass(es) on the Site.
5.5 – LA CANTINE Association may implement a process for verifying reservations in order to ensure that no bank details of any person are used by any unauthorised person or as a result of adopting the identity of any third party. In the context of such verification, the Customer may be requested to provide LA CANTINE Association (by way of an e-mail sent to at email@example.com) with a two-sided copy of proof of identity and/or a copy of the bank card used for the purposes of payment (a two-sided copy, ensuring that only the first four and the final two digits of the number on the front of the card and concealing the cryptographic image and the complete card number that may be engraved on the reverse of the card) as well as proof of residence.
In the event of any detected and demonstrated fraud, the Customer’s bank account shall be reimbursed and the order of the Pass(es) shall be cancelled.
6 – Option to withdraw
6.1 – The Customer and/or the Participant (in their capacity as a consumer or dealing otherwise than in the course of business) shall be entitled to a period of fourteen calendar days from the date on which the contract is formed as set out at Article 3.1 above to withdraw from this Agreement.
6.2 – The Non-professional Customer provided that they act as consumers or dealing otherwise than in the course of business, may exercise this right via the cancellation form provided at the end of this Agreement or by way of an e-mail that clearly expresses their desire to withdraw from the contract, to be sent to firstname.lastname@example.org. LA CANTINE Association shall confirm receipt of any exercise of this right of withdrawal by return e-mail.
This right to withdraw may be exercised without penalty and the Non professional Customer, provided that they act as consumers or deal otherwise than in the course of business, shall not be required to give any reason for their decision to withdraw.
6.3 – LA CANTINE Association undertakes to proceed with a refund of the order for Pass(es) that are subject to the withdrawal by way of bank transfer. Reimbursement shall be made to the initial purchaser no later than fourteen days from the date on which LA CANTINE Association is notified of the decision by the Customer or the Participant to withdraw from the contact.
6.4 – Notwithstanding the provisions of Article 6.1, the right to withdraw during the specified period may not be exercised, regardless of the date of purchase, once the Event has commenced.
7 – Performance of the Event – Cancellation – Delays
7.1 – Access to the Event venue is only permitted for the Customer or Participant solely to the extent that they present their respective Passes. The Customer or Participant will be required to present a valid Pass upon arrival at the premises. Additional checks may be carried out at the entry of various surrounding areas.
The Participant is free to roam within the Event space, subject to any access restrictions that apply to the Pass held by the Participant.
Access to the press area is strictly restricted to partners, Event speakers and journalists who hold a press pass.
7.2 – In the event that LA CANTINE Association definitively cancels the Event, only the Customer shall be entitled to any refund.
Only the price of the Pass shall be refunded, excluding management fees. No indirect or consequential loss of any kind (including, without limitation, transportation, accommodation, or parking costs) will be refunded or otherwise compensated.
Moreover, requests for refunds may only be accepted within a maximum period of two months following cancellation of the Event.
7.3 – If the Event is delayed, LA CANTINE Association shall notify the Customer as soon as possible, upon which the Customer shall be entitled either to a refund or to exchange the Pass(es).
7.4 – In addition to those events typically deemed to constitute force majeure by the French courts, the obligations of LA CANTINE Association shall automatically be suspended in the event of events outside their express control that prevent the normal performance of its obligations under this Agreement, including but not limited to earthquake, fire, or flood affecting the Event premises, storms, transportation strikes for any reason, acts of terrorism, general or localised strikes outside LA CANTINE Association, and the total or partial unavailability at a regional, national or international level of telecommunications networks. An event of force majeure shall also include any threat or risk of a terrorist attack on a precautionary basis, whatever the official decision at a local level with regard to such threat or risk.
LA CANTINE Association shall notify the Customer and the Participant of such event of force majeure as soon as reasonably practicable.
Suspension of any obligations shall not in any event give rise to any liability for failure to perform the relevant obligation, nor give rise to the payment of damages, interest, or penalties for late delivery. No refund shall be payable and no liability shall arise.
8 – Customer and/or Participant Responsibilities
8.1 – Each Pass is personal to the named individual to which it refers, and the Participant shall keep possession of the Pass at all times. The Pass may not be resold except in accordance with the Law of 12 March 2012, No. 2012-348, governing the origination of sporting events and cultural events, which prohibits and imposes criminal penalties for the habitual resale of tickets for cultural and sporting events without the express authorisation of the organiser or the authorised operator or rights holder.
The reproduction, duplication or counterfeiting of a Pass, in any form whatsoever, is strictly prohibited. Any person who reproduces a Pass and the user of the copy of the Pass may both be subject to criminal penalties.
8.2 – The acquisition of a ticket is subject to adherence to the internal rules of the Event venue, which may be viewed on the Site. The Participant shall adhere strictly to such rules and shall be civilly liable for the consequences of any breach thereof.
8.3 – Participants are solely responsible for their personal possessions during the Event.
9 – Miscellaneous Provisions
9.1 – Image Rights
The Customer is hereby notified that LA CANTINE Association is not able to prevent photographs and/or audio or video recordings from being taken or made by other Participants.
9.2 – Waiver
If any of the provisions of this Agreement is or is found to be invalid, it shall be deemed not to have been included in this Agreement, but it shall not affect the validity of the remaining provisions therein.
Any waiver or renunciation of any right by any of the Parties in respect of any or all of the undertakings set out in this Agreement, whatever the frequency or duration of such waiver or renunciation, shall not modify the terms of this Agreement nor give rise to any right whatsoever.
In the event that this Agreement is translated into a language other than French, the French-language version shall prevail in respect of any inconsistency.
10 – Dispute resolution
This Agreement is subject to French law.
In the event of a dispute, any Customer who is a consumer or dealing otherwise than in the course of a business may opt for a conventional mediation in front of a Consumer Mediator or any other method of alternative dispute resolution.
If the Customer deals in the course of business, this Agreement shall be subject to the exclusive jurisdiction of the courts sitting at Nantes.
(Please complete and return this form only if you are a consumer or dealing otherwise than in the
course of business and you wish to withdraw from the Agreement.)
For the attention of LA CANTINE, 11 Rue la Noue Bras de Fer 44200 Nantes, France
I/we (*) hereby notify you of my/our(*) intention to withdraw from the contract relating to:
Order placed on (*):
Name of consumer(s):
Passes subject to the withdrawal:
Signature of consumer(s) (only when this form is notified to LA CANTINE on paper):
(*) Delete where applicable.