Preamble
These General Terms and Conditions of Sale (hereinafter the «GTCS») govern the «event entertainment services» offered by Public Anim, a simplified joint-stock company with a capital of 3,000 euros, registered with the RCS of Pontoise under number 934 124 074, with its registered office located at 2 rue du Vieux Colombier, 95650 Montgeroult, represented by Mr. Dominique LOWE, in his capacity as President, hereinafter referred to as «Public Anim» or the «Service Provider».
All orders imply full acceptance of these General Terms and Conditions, to the exclusion of any other document issued by the Customer, except with the prior written agreement of the Service Provider. The signing of any quotation or order confirmation implies full acceptance of these GTS.
The fact that Public Anim does not avail itself at a given time of one of the clauses of the present GTC shall not be interpreted as a waiver of its right to do so at a later date.
Article 1 - Scope of application
These General Terms and Conditions apply to all services provided by Public Anim to professional clients, local authorities, or associations, to the exclusion of private consumers.
Article 2 - Quotations and contracts
All services provided by Public Anim are subject to a written quote specifying the nature of the entertainment, technical conditions, date of intervention, and price. The quote, duly dated, signed, and returned by the Client, constitutes a firm and final order and serves as the contract.
Article 3 - Booking the service
The reservation is considered validated only after :
Return of signed quotation
Written agreement from the Service Provider
And possibly payment of a deposit if mentioned in the quote.
Any addition or modification made after signing will be subject to a price amendment.
Article 4 - Obligations of the Service Provider
Public Anim is committed to :
Implement the means necessary for the proper execution of the service as defined in the estimate; ;
Regularly inform the customer of the progress of preparation, if applicable.
Public Anim acts as an independent service provider. It remains free to choose animators, subcontractors, or technical partners, unless expressly stipulated otherwise.
Article 5 - Customer obligations
The Customer undertakes to :
Provide in a timely manner all necessary information for the proper performance of the service.
Ensure access to locations, energy sources, administrative or security authorizations if necessary.
Do not intervene directly with Public Anim's service providers or facilitators without written agreement.
Article 6 - Prices and payment terms
Prices are quoted before tax and are in Euros.
Unless otherwise stipulated in the quotation :
A possible down payment may be requested.
The balance is payable upon receipt of invoice, after the service has been rendered.
Any delay in payment shall automatically result in:
The application of late payment penalties at the legal rate provided for by the Commercial Code,
And a lump-sum indemnity for recovery costs of €40 (Article L441-10 of the Commercial Code).
Article 7 - Cancellation by the Customer
In the event of cancellation by the customer, the following amounts are due:
Less than 10 days before the event date: 100% of the total service fee,
Between 11 and 30 days: 75% of the total amount,
Between 31 days and 6 months: 50% of the total amount,
More than 6 months before: no postponement requests possible, the contract is terminated without refund of any deposit.
Any absence of the customer on the D-day or any voluntary interruption during the service will result in full invoicing.
Article 8 - Cancellation by Public Anim / Force majeure
Public Anim may cancel or postpone the service in the event of :
Force majeure (strike, animator illness, accident, disaster, impossibility of access to the location, danger to persons or property...).
Or in case of a proven threat to the physical integrity of its personnel or equipment.
In this case :
The amounts paid will be refunded after deduction of expenses already incurred (transport, accommodation, external providers, etc.); ;
No other compensation may be claimed.
Article 9 – Provision of Equipment
When Public Anim provides event equipment, in particular sound equipment, a wheel of fortune or any other equipment described in the quote, it remains the property of Public Anim. Any handling of the equipment other than in accordance with the instructions provided, or any unauthorized intervention, shall incur the Customer's liability.
Article 10 - Liability and insurance
The Customer is responsible for damages caused by themselves, their participants, or their facilities during the service provision.
He declares that he has valid civil liability insurance.
Public Anim cannot be held responsible:
Theft, loss, or damage of property; ;
Consequential damages (loss of reputation, loss of revenue, etc.); ;
Injuries, accidents or bodily harm arising from the use of the equipment by the Customer, its participants or any third party.
Nor services performed by identified third-party subcontractors in the quote, who remain responsible to the Client.
Article 11 — Intellectual Property & Right of Publicity
The Client authorizes Public Anim to use their name and photographs or videos from the event for commercial reference purposes, unless written objection is made prior to the service.
No transfer of intellectual property rights is granted to the Customer, unless expressly stated.
Article 12 - Personal data (RGPD)
The data collected is strictly necessary for the management of the commercial relationship.
They are processed in accordance with Regulation (EU) 2016/679 (GDPR).
The Customer has a right to access, rectify, and delete their data, which can be exercised by email at dominique@public-anim.com or by mail to the headquarters.
Article 13 - Complaints
All claims must be made by registered mail with acknowledgment of receipt within 8 days of the service.
Article 14 - Applicable law and competent court
These General Terms and Conditions are subject to French law. Any dispute relating to their interpretation or execution shall fall under the jurisdiction of the competent court of Public Anim's registered office, even in cases of warranty claims or multiple defendants.