Article 1: Scope

These General Conditions of Sale (GTC) apply to all the services provided by SAS “Swell Kombi” hereinafter referred to as “the Company”, to its customers hereinafter referred to (“the Client”), which whatever clauses may appear on the client’s documents, in particular his general purchasing conditions.

The Customer declares to have read all of these General Conditions of Sale (GTC) and to accept them without restriction or reservation. The Customer acknowledges having received the advice and information necessary for the offer to meet its needs. The Customer declares that he can legally contract under French law or validly represent the natural or legal person for whom he is committed.

Alcohol abuse is dangerous for your health, consume in moderation. Pursuant to Article L. 3342-1 of the Public Health Code prohibiting the sale of alcohol to minors under the age of eighteen (18 years), the Customer undertakes by validating his order to be eighteen years completed on the date of the order.

Art. 2: Legal information

Denomination: Swell Kombi

Headquarters: 1449, vieux route de saint pée 64500 SAINT JEAN DE LUZ

RCS BAYONNE 897 854 485

Telephone: 0033 (0) 610689928

Email: swellkombi@gmail.com

Representatives: Mr. AROSTEGUI Maikel as Chairman

Mr. ESNOL Baptiste as Chief Executive Officer

Share capital: 1000 €

Legal form: SAS

Art. 3: Quotes, orders & payment:

The prices are expressed in Euros, excluding taxes and all taxes included (at the rates in force on the day of the order).

The quote details the service offered on the basis of the information provided by the Customer to the Company. The Client pays the Company on this basis:

A deposit corresponding to 50% of the total amount upon signature of the quote.
The balance no later than 15 (fifteen) calendar days before the service.
The order is firmly and definitively accepted by the Company subject to the establishment of an estimate, duly dated and signed by the Customer, and the payment of the deposit (see conditions above), subject to the specific conditions indicated. in the contract. The signature must be preceded by the words “Good for agreement” and the commercial stamp (for companies). The Company may refuse the performance of the service if the contract is not returned signed or is not paid no later than 15 days before the performance of said service.

The Customer gives the Company on the day of non-performance a security deposit of € 2,000 by check or credit card. Without restitution of the entire deposit, the Company may cancel the service without any recourse from the Customer.

Any degradation must be reported by the Customer when handing over the vehicle. Any degradation noted by the Company during the delivery of the vehicle will be mentioned in the inventory of the Customer’s vehicle given to the Company. The Customer’s signature on the deposit inventory attesting to the condition of the vehicle at the start of the service.

The costs of repairing the vehicle in the event of degradation (s) are deducted from the deposit upon presentation of invoices by the Company. If the damage exceeds the deposit, the customer will have to reimburse the Company in full within 10 days of the presentation of the repair invoice. The Customer will have no recourse on the amount of the costs of repairing the vehicle and its equipment.

Upon acceptance of the order by the Company, it cannot be modified or canceled without the prior written consent of the Company. In the event of modification of the order by the Customer, the Company will be released from the agreed deadlines for its execution, and the price may be adjusted. In the event of cancellation of the order by the Customer, for any reason whatsoever (apart from a health crisis), and at any time whatsoever, the deposit already paid will be automatically acquired by the Company and may not give rise to to no refund. In addition, in the event of cancellation by the Customer (apart from a health crisis), the latter will be liable to the Company for a penalty corresponding to a percentage of the Total Amount including tax of the order, under the following conditions:

Between the 16th (sixteenth) and the 29th (twenty-ninth) calendar day before the day of its execution: 50%
Between the 7th (seventh) and the 15th (fifteenth) calendar day before the day of its execution: 80%
From the 7th (seventh) calendar day before the day of its execution: 100%.
In the event of termination by the Client having made full payment for the service, the Company will charge the percentages mentioned above on the date of receipt of the termination letter. The date of receipt of the letter with acknowledgment of receipt attesting to the date of cancellation of the order. Any cancellation by the Customer must be made by post with an acknowledgment of receipt to the address of the company mentioned on the contract.

In the event of a government ban, particularly following the Coronavirus epidemic, the cancellation conditions by the Customer described in the above article are canceled and replaced by these:

If the Company is available on a new date proposed by the Client, a Credit note of the sums paid is given to the Client. No price increase can be applied with the exception of drinks if the new service is postponed to another calendar year.
If the Company is unavailable on the new date proposed by the Client, the sums paid are fully refunded within a maximum period of one month after receipt of the cancellation letter. The letter must be sent by post with an acknowledgment of receipt to the address of the company mentioned on the quote.
Art. 4: Payment terms & late payment penalties

Payments are made by credit card, transfer or check. For payment by check, the order will only be considered final after deposit and proof of payment by the Company’s bank. For a service without Company staff (independence formula), the deposit will be paid by the Customer upon delivery of the vehicle only by bank card. The Customer must ensure with his bank the possibility of such an operation (in particular on the withdrawal ceiling).

Any sum not paid on the due date, for any reason whatsoever, will give rise to the payment by the Client of a penalty set at 3 (three) times the legal interest rate for all the sums remaining due from of the due date of the invoice, without any formality or prior notice, and without prejudice to any other action that the Company would be entitled to bring, in this respect, against the Customer. The Client will also reimburse the Company for the recovery costs for unpaid debts incurred by the latter.
In the event of total or partial delay or default in payment, the Company may suspend the service until full payment of the sums due, without the Customer being able to claim any compensation.

Art. 5: Withdrawal period

In accordance with the provisions of article L.121-21 of the Consumer Code, the Customer has a withdrawal period of 14 days from the signing of an estimate with the mention “Good for agreement” to exercise his right to retraction without having to justify reasons or to pay a penalty. The withdrawal must be sent by post with acknowledgment of receipt to the address of the company mentioned in the quote.

If the right of withdrawal is exercised, the Company will reimburse the sums paid within 14 days of the actual return of the order.

In accordance with the provisions of article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to: the provision of services fully executed before the end of the withdrawal period and whose execution has started after the express prior consent of the consumer and express waiver of his right of withdrawal.

Art. 6: Provision of services

The services are provided at the agreed dates and place mentioned in the contract.

In the event of a service without the presence of Company staff, the Customer will make himself available for at least 30 minutes before the start of the service in order to benefit from a handling of the equipment and to master the rules of use in a good family’s father.

An inventory of the vehicle and equipment is carried out by the Company and the signatory Customer (no representation possible) at the time of deposit and delivery of the rental. Under no circumstances will the Customer have the keys to the vehicle and will not have access to the interior.

The space reserved for the Customer must be accessible and authorized for a vehicle (height 1.92m / width 1.75m). However, if the Client has not informed the Company beforehand, the latter will not be required to perform this service and may in no case be held responsible.

The Company cannot be held liable towards the Customer in the event of a delay in the provision of services. Any delay does not authorize the Customer to cancel his order or to refuse the supply or to withhold from the agreed price.

The Company is released from its obligation to provide services in the event of force majeure. The order then being automatically suspended without the Customer being entitled to any compensation. The following are considered to be: a total or partial strike, bad weather or any other event hindering the Company’s activity (vehicle immobilized following an accident or fire).

Art. 7: Retention of title

The Customer is prohibited from transferring the rented equipment in any way

(including subletting). No modification, transformation or repair can be made to the rented equipment. The Customer is prohibited from altering the trademarks or distinctive signs affixed to the rented equipment.

Art. 8: Obligations of the Customer with regard to the rented equipment

8.1: Terms of use of the rented equipment

The Customer must use the rented equipment with due diligence. The Customer certifies that he is able to use the rented equipment, himself or through duly qualified authorized persons. As such, the Customer agrees to adhere strictly to the instructions and guidelines relating to the installation, power-up, use and maintenance of the equipment that the Company assigns to it.

The Customer is the custodian of the rented equipment, and certifies that, when signing the contract, he has an insurance policy for his personal civil liability (in the case of individual rental) or professional (in the case of rental by a company) . The Customer agrees to maintain this policy for the duration of this contract and to provide proof thereof upon request by the Company.

The Customer must obtain all the authorizations necessary for the services ordered, and subscribe to any possible extensions of guarantees with their insurers.

8.2: Methods of taking back the equipment by the Company

The Customer agrees to return the rented equipment with all its accessories in an identical condition to that in which it was delivered, the Company only accepting this return after checking that the equipment is functioning properly and that it is clean. The supplied glasses & eco-cups must be cleaned and dried. In the event of non-compliance, cleaning will be charged € 50 including tax per 100 units.

With the exception of glasses, where a tolerance of 5% between the number supplied and delivered is accepted, any missing or damaged material will be billed to the Customer at the current rate (new public value including VAT).

Any extension of the rental must be notified 48 (forty-eight) hours in advance, and can only be done with the prior written consent of the Company. Any rental extension will be billed at the rate in effect on the date of the agreement.

The return date and time are imperative. In the absence of return by the agreed deadline, except with the prior written consent of the Company, the latter reserves the right to take back the equipment on the date initially scheduled.

The equipment downtime invoiced in addition corresponds to: either an extension of the rental duly accepted by the Company; either a delay in the return on the part of the Customer; or the period of unavailability imposed by the repair of damaged equipment.

Unless expressly stated otherwise in advance and in writing, the Client authorizes the Company to cite his name as a commercial reference, and to use in its communication tools the photographs taken during the events, if applicable.

Art. 9: Additional mileage

For any service located at a distance greater than 100 km round trip from the city of SAINT JEAN DE LUZ, kilometer costs will be borne by the Customer (these costs being included in the estimate). The price is set at 1.30 € TTC / km from the 50 (fifth) km.

Art. 10: Electricity

The Customer makes sure to provide on the site of the service, an electricity point (standard 220 V socket) that is functional and complies with electrical standards. The Customer must ensure before signing the contract that an electricity point is located within 50m of the desired location of the vehicle.

The Customer must pay for all repairs in the event of damage due to an electrical problem during the service. The use of a generator set supplied by the customer is not authorized by the Company.

Art. 11: Drinks and quantities

The Customer selects the drinks exclusively from the catalog offered by the Company. No other drink may be served from the barrel in the vehicle. At the Customer’s request, the Company can provide advice on the choice of drinks. No drink specified in the quote that has not been consumed is reimbursed (including non-alcoholic drinks).

Art. 12: Personalization of the vehicle and supply of goodies

Any personalization and provision of vehicle goodies (magnetic stripe type in the name of the bride and groom or the event) desired by the Customer must be indicated before any contractualization. The Customer is prohibited from affixing any signage to the vehicle (sticker, banner, removable signage).

The Company may refuse any personalization of the vehicle and supply of goodies if the period between the contractualization and the date of service is considered too short by the Company. The Company is the sole assessor of this period. The Client is informed by the Company upon receipt of the contract signed by the Company.

The Customer provides the Company with the images, texts and number of copies of each goodies. The Customer validates the printing of the goodies on the basis of “Good for printing” and not of a sample. After validation by the Customer of the “Print voucher”, no recourse can be initiated by the Customer with the company, and no reimbursement.

Art. 13: Prohibition of alcohol consumption by minors

The Customer declares to comply with the Public Health Code on young people and alcohol. Namely, article L. 3342-1 which prohibits the sale of alcohol and free distribution to minors under the age of 18. The Customer must present, at the request of the Company, an identity document attesting to his majority. The Customer will be solely responsible in the event of alcohol offered to minors during his service.

Art. 14: Beer tasting workshop

The Customer declares to accept the conditions of the tasting workshop during a service. To know :

Beers tasted are those of the service
Duration of the workshop: maximum 1 hour.
Cost of the tasting € 30 reimbursed if the quote is signed (deducted from the final amount).
Art. 15: Responsibilities

The Company cannot be held liable, in particular, but not limited to, in the event of misuse or deterioration of the equipment rented after installation, in the event of negligence or fault by a third party during the service.

Art. 16: Intellectual property

The Company remains the owner of all intellectual property rights on its brands, illustrations, photographs, characteristics (dimensions, weight, etc.), prices. The Company reserves the right to make any changes to the information provided.

Art. 17: Applicable law – Language of the contract

By express agreement between the parties, these General Conditions of Sale (GTC) and the resulting purchase and sale transactions are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.

Art. 18: Litigation

All disputes to which this contract could give rise concerning its validity, interpretation, execution, termination, their consequences and their consequences will be submitted to the competent commercial court: BAYONNE.

Done in SAINT JEAN DE LUZ, on 01/01/2021

SAS SWELL KOMBI

1449, old road to saint pée

64500 Saint Jean de Luz

Phone. 06 59 78 55 17/06 10 68 99 28

swellkombi@gmail.com

Siret 897854485 – VAT: FR52897854485