CGV | Addon golf

TERMS AND CONDITIONS

SPORTS ADDON

DEFINITIONS OF TERMS

“General Conditions”: Means these general conditions.
“Company”: Designates the company ADDON SPORT.
“Party(ies)”: Refers to the company or the client individually and collectively to the company and the client.
“Client”: Refers to any professional client or consumer.
“Quote”: Refers to the status of the order to be executed by the company with the price estimate.
“Specifications”: Refers to the document containing all the prerequisites to be met by the customer before installing the golf simulator.
“Service”: Refers jointly to the manufacture of the installation and its installation at the customer’s premises.
"Installation": Refers to the assembly produced by ADDON SPORT with regard to the customer's specifications, by assembling all the equipment chosen or manufactured and which constitutes the golf simulator as a whole.
"Equipment": Refers to all the elements allowing the installation to be carried out, such as the software used, the radars, canvases, curtains or protective cushions, and the reception screen and counter screen.
"Software": Refers to the equipment allowing the immersion of the person connected in the game of the Golf simulator.
"Order": Refers to the customer's agreement to entrust ADDON SPORT with the service described and according to the specifications of the estimate.
"Site": Refers to the place where the installation will be set up at the Customer's premises.
"Acceptance report": Refers to the document signed jointly by the parties, at the end of the installation of the installation and the configuration of the equipment and by which the customer certifies the conformity of the Installation with its expectations.

PURPOSE AND SCOPE

These General Conditions of Service Provision set out the terms and conditions under which ADDON SPORT undertakes to provide the Service as defined below, on behalf of any Client.

ADDON SPORT, a simplified joint-stock company with a capital of 2000 euros registered with the Vienna Trade and Companies Register under number 817 582 745 whose registered office is located at 679 rue le chatelier, 38090 in Vaulx-Milieu represented by Guillaume SAUZET in as Chairman, his individual VAT identification number is FR39817582745.

The General Conditions are applicable to any Order placed with the Company and prevail over any condition not expressly accepted by the Company and in particular over the Customer's General Conditions of Purchase, except with the Company's prior written derogation agreement.

The fact of placing an Order implies the Customer's full and unreserved acceptance of these General Conditions, communicated by the Company together with the Estimate and the Specifications, established before any intervention. In case of contradiction between the General Conditions and the Quote, the latter will prevail.

The sale is deemed concluded on the date of signature of the Quote by the Customer.

The Client may contact the Company directly, the contact details of which are as follows:

SPORTS ADDON

679 rue le Chatelier

38090 Vaulx Middle

Tel: 0972130526

Email address: contact@addonsport.com

DEFINITION OF THE SERVICE

The Company specializes in the creation, installation and sale of Golf Simulators.

The products offered for sale are made-to-measure Installations comprising a set of Equipment and connected and intelligent objects, operating with Software, so that the Customer can practice Golf by knowing and evaluating their performance.

In this sense, it offers its Clients:

The realization of golf simulators, thanks to the realization of an Installation consisting of a set of Equipment and associated with the use of specific Software[AD2] , chosen according to the Client's needs;
The installation, in the Customer's premises, of the golf simulator produced as well as the configuration of the associated Software;

ORDERS

4.1. Placing of Orders

To place an Order, the Customer contacts the Company by any means at its disposal in order to inform it of its particular needs.

After this exchange, the Company, if it deems it necessary, makes a visit to the places in which the Customer wishes to install the Golf Simulator and this, possibly in the presence of the architect, in the event that the Site is under construction.

With regard to the Customer's wishes and in consideration of the practical constraints that may have been identified during the site visit, the Company sends the Customer a Quote detailing all the Equipment that will be provided and the description of the Installation that will be carried out.

This Quotation specifies the overall cost of each of the Equipment and Software offered, as well as the installation of the Installation. The amount of the deposit requested is also specified.[AAA3] [GS4] [AA5]

The Company also sends the Client a Specifications describing all the Prerequisites for the performance of the Service.

The Quotation and the prices indicated are valid for thirty (30) calendar days from the date they are sent to the Customer.

It is the Customer's responsibility to check that the Installation and Equipment offered by the Company correspond to his needs and to immediately report any error, misunderstanding or doubt as to the ability of this Service to meet his requests.

However, the Company draws the Customer's attention to the possible drawbacks of the chosen Equipment and to the precautions to be taken for its implementation, taking into account the use for which this Equipment is intended.

4.2. Confirmation of the order

The Customer's Order is validated and becomes firm and final after the Customer sends the Company these General Conditions, the Quote and the signed Specifications, within thirty-five (1530) calendar days from their communication to the Customer, and accompanied, of the payment of the deposit, by bank transfer to the coordinates indicated.

The validation of the Order by the Customer implies acceptance without restriction or reservation of these General Conditions.

4.3. Modification of the Order

No Order modification can be taken into consideration if it has not been expressly accepted by the Company. In the event that the Company explicitly accepts the requested modification, this may give rise to a modification of the amount of the cost of the Order and the establishment of a new Quotation.

The final validation of the new Quotation will take place under the conditions of article 4.2 above.

The customer will remain liable for all costs incurred as well as hours already worked on the initial Order by the Company, based on an hourly rate of €45 excluding tax.

In any case, the modification of the Software can only be accepted within a period of sixty (60) calendar days from the validation of the Order within the meaning of article 4.2.

4.4. Cancellation of the order

No cancellation of the Order by the Customer can be accepted.

4.5. Addition of additional equipment

At any time, the Customer may request the Company to add additional Equipment, in addition to the initial Order. All requests must be confirmed in writing by the Company. If the addition of Equipment is accepted, it will give rise to a new Quotation and will constitute a new Order within the meaning of Article XX hereof, which will be subject to all the provisions of these General Conditions.

RIGHT TO RETRACT

5.1. Right of withdrawal

In the event that the Customer is a consumer or non-professional, he has the right to withdraw from his Order without giving any reason within 14 calendar days from the day he returned the countersigned Quotation.

5.2. Exclusion

In the event that the Service relates to the production of goods made according to the Customer's specifications or clearly personalized, such as the Installations which can be carried out by the Company and subject to these General Conditions, the consumer Customer is reminded, whether or not professional within the meaning of Article L.221-3 of the Consumer Code, that in accordance with Article L. 221-28 of the Consumer Code, the withdrawal period does not apply.

The right of withdrawal therefore does not apply in the context of the performance of the Service offered by the Company.

TERMS OF DELIVERY OF THE SERVICE

6.1 Terms and duration

The performance of the Service will be carried out six (6) weeks after receipt of the signed Quote by the Company.

In the event that the Customer is a consumer, in the event of non-compliance with the deadline from the first day of delay, the consumer must, before terminating the contract, enjoin the Company by registered letter with acknowledgment of receipt, to perform it within a reasonable additional time. In accordance with article L.216-9 of the Consumer Code, in the absence of performance at the end of this period, the consumer Customer may freely terminate the contract.

6.2. Completion of the Service

The Company will check, after the installation has been set up, the proper functioning of all the Equipment and the configuration of the Software.

The Company will provide the Customer with the user guide, as well as, if applicable, the warranty certificate for each Equipment.

The Company's Service is finalized during the end-of-site meeting held in the presence of the Parties and during which they sign a Minutes of Acceptance of the Installation.

The Service will be deemed to have been correctly performed in the absence of reservations made by the Client during this end-of-site meeting and indicated in the Minutes.

6.3 Transfer of risk

The transfer, to the Customer, of the risks of loss and deterioration of the Equipment will be carried out at the end of the installation of the Installation during the signing of the Minutes of acceptance of the Installation.

6.4. Retention of Title

All Installation Equipment remains the property of the Company until full payment of the price.

FINANCIAL CONDITIONS

7.1. Price

Prices are in euros and excluding taxes. Consequently, they will be increased by the amount of VAT legally applicable on the day of invoicing.

The costs of the Service are those in force on the day of the Order and are specified in the Quotation previously communicated by the Company to the Customer.

The price of the Service is determined with regard to the cost of labour, the Equipment chosen, the deadlines, the complexity of the work to be carried out, as well as the time spent to carry out the Installation and its installation at the Customer.

7.2. Additional costs

The Company reserves the right to claim from the Customer the payment of additional costs, in the event that errors of description, dimensioning, and more generally of information, on the project or the Customer's needs, previously indicated by the Customer , or a lack of information from the Client, would induce, for the Company, a workload greater than the initial forecasts.

In the event that the performance of the Service ordered would require additional labor compared to the forecasts of the Quotation, this will be invoiced on the basis of a rate of 45 euros excluding taxes per hour.

7.3. Invoicing and payment terms

The invoice is issued by the Company five (5) days following the end-of-site meeting and the signing of the Installation Acceptance Report. Unless otherwise agreed between the Parties and included in the Quotation, invoices are payable in full and in a single payment within thirty (30) days from their date of issue.

Any delay in payment on the part of the Customer will result in the automatic application, without prior formal notice being necessary:

The payment of a fixed indemnity for recovery costs in the amount of forty (40) euros;
The payment of late payment penalties, the rate of which corresponds to three times the legal rate in force, without prejudice to any damages and interest caused by the non-payment;
The payment as damages and penalty clause, of an indemnity equal to 15% of the sums due, in addition to the penalties mentioned above and any legal costs;

Any claim by the Customer may under no circumstances have the effect of deferring or suspending payments.

7.4. Payment terms

All payments are made by bank transfer to the coordinates which will be communicated by the Company.

Unless otherwise expressly agreed between the Parties, payment for the Order is made under the following conditions:

Payment of a deposit of 60% of the total price of the Order, at the time of validation of the Order by the Customer (as described in article 4.2 above);
Payment of the balance of the Order, by instant transfer or check, on site, upon return of the Worksite Service.

Payment of additional costs (as mentioned in article 7.2 above), is made when the final invoice is issued, i.e. five (5) days after the end-of-site meeting and the signature of the Estimate upon presentation supporting documents.

OBLIGATIONS OF THE PARTIES

8.1. Customer's obligation

The Client undertakes to:

Collaborate in good faith as well as cooperate actively and loyally with the Company in the context of the performance of the Service;
Provide the Company with all the information, documents, elements and characteristics that the latter considers necessary for the proper performance of the Service, and in particular any technical document, project study, plan, electrical diagram, photo.
Put the Company in contact with the architect of the place of installation of the Installation if necessary.
Allow the Company and its teams free access to the Sites, materials and installations to which said Services relate.
Respect all the prerequisites indicated on the Specifications;

Ensure the safety of the Company's area of intervention throughout the installation of the Installation.

In the event that the Professional Client, as the main contractor, subcontracts certain services to the Company, the Client undertakes to comply with its legal obligations such as the provisions resulting from the law of 31 December 1975 relating to the subcontracting, and in particular to have the Company's intervention accepted and the Company's payment terms approved by its own client (hereinafter the "End Client").

8.2. Obligations of the Company

The Company undertakes to:

Carry out its Service in compliance with the rules of the art;
Carry out all the checks, trials and tests necessary to ensure the proper functioning of the Equipment after Installation;
Perform the Service within the deadlines indicated and in accordance with the stipulations indicated in the Quotation;

The Company undertakes to take out an insurance policy covering damage that may occur to its property and personnel.

The Company declares that it is insured for its professional civil liability with a reputably solvent company for all material and immaterial damage resulting from the performance of the service by its staff or collaborators. This insurance covers bodily injury, material and immaterial damage and for an amount per claim of:

- 8,000,000 euros per claim for bodily injury;

- €900,000 per claim for material damage;

- 600,000 euros per claim for immaterial damage.

The Company undertakes to maintain these guarantees throughout the duration of this contract and to provide proof thereof at the Customer's request.

All claims combined will be capped at the amount provided for in Article XXXX hereof.

RESPONSIBILITY

The Parties acknowledge that the provisions of this clause are decisive in their desire to contract together and that the agreed price reflects the distribution of the risk between the Parties and the resulting limitation of liability.

9.1. Limitation of Liability

The Company's liability for any claim, liability or expense, whatever its nature, if proven, will be limited to the amount excluding VAT of the Order, paid by the Customer.

In any event, the Company's liability may not exceed the limit of the Company's civil liability insurance policy.

9.2. Exclusion of liability

The Company's liability is limited to direct material damage, excluding any indirect and/or immaterial damage, and in particular, any prejudice related to the Customer's activity or mission, any loss of business, profit, profit, operation, goodwill, commercial, economic, and other loss of revenue by Customer.

The responsibility of the Company cannot also be engaged for:

Any difficulty or malfunction of the Equipment attributable to the Customer or the End Customer;
Any difficulty or obstacle in setting up the Installation, attributable to the Customer or the end Customer
A cancellation, delay or postponement of the delivery of the Equipment, caused by the Customer or any third party;
In the event of an error in the dimensions of the place of performance of the Service attributable to the Client, or, in general, non-compliance with the prerequisites;
Any failure or delay in the execution of its obligations, which would result from the violation, by the Customer, of its obligations mentioned in articles XXX hereof.

GUARANTEES

10.1. Legal guarantees

10.1.1 Professional customer

The Customer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with in article 1644 of the civil code.

10.1.2 Consumer customer

In the event that the Customer is a consumer, the Equipment provided by the Company benefits automatically and without additional payment, in accordance with the legal provisions:

The legal guarantee of conformity, for products that appear to be defective, spoiled or damaged or that do not correspond to the Order or immediate purchase;
The legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use;

Under the conditions and according to the procedures set out in the box below.

The conformity of the Equipment, offered in the Service, with these General Conditions is guaranteed under the conditions of article L.217-4 and following of the consumer code and hidden defects of the thing sold under the conditions provided for in articles 1641 et seq. of the civil code.

When acting as a legal guarantee of conformity, the Customer:

Benefit from a period of two (2) years from the delivery of the goods to act;
Can choose between the repair or the replacement of the good, except if the chosen option entails for the seller a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. In this case, the seller may proceed according to the method not chosen by the Customer;
Is exempted from providing proof of the existence of the lack of conformity of the good during the twenty-four months.

The legal guarantee of conformity applies independently of any commercial guarantee granted.

In order to assert its rights, the Customer must inform the Company, in writing at the contact details indicated at the top of this document, of the non-compliance of the Equipment within the time limits referred to above and return the defective Equipment in the state in which it was found. have been received with all the elements (accessories, packaging, instructions, etc.).

The Company will refund or replace Equipment under warranty deemed non-compliant or defective. In the event of delivery, the shipping costs will be reimbursed on the basis of the invoiced price and the return costs will be reimbursed on presentation of supporting documents.

The Client must send the Company a letter by registered letter with acknowledgment of receipt indicating the type of reimbursement and the desired compensation.

Reimbursements for Equipment deemed non-compliant or defective will be made as soon as possible and at the latest within fifteen (15) days following the company's finding of the lack of conformity or the hidden defect.

The refund will be made by transfer to the Customer's bank account.

The Company's warranty is limited to the replacement or reimbursement of non-compliant Equipment or Equipment affected by a defect.

10.2. Manufacturer's Warranty

The Company agrees to provide the manufacturer's warranty to its Customers.

The Equipment installed by the Company is guaranteed for a period of one (1) year from the date of signature of the acceptance report, unless otherwise stipulated duly accepted in writing by the Company.

If a defect is revealed during the warranty period, the Customer will inform the Company in writing within XX (X) days of the discovery of the defect by providing it with all the information necessary to characterize the nature of the defect found.

During the warranty period, the Company modifies, repairs or replaces, at its option, the Equipment recognized by it as defective.

The work resulting from the warranty obligation is carried out in the Company's workshops. To this end, the Customer returns the defective Equipment to the Company.

The elements subject to replacement become the property of the Company, unless expressly requested in writing by the Customer at the time of the request for repair.

In the absence of a breakdown, the following costs are the responsibility of the Customer:

The costs of analysis, dismantling possibly made necessary by the General Conditions of Use of the Equipment;
Return costs;
The travel and subsistence expenses of the Company's employees in the event of intervention on the Customer's site.
Repairs, modifications or replacement of parts during the warranty period shall not have the effect of extending the duration of the latter.

11. FORCE MAJEURE

The liability of the Company cannot be engaged if the non-execution or the delay in the execution of one of its obligations described in these General Conditions results from a case of force majeure within the meaning of article 1218 of the Civil Code.

In addition, are considered as cases of force majeure, all cases recognized by case law, and, in particular: total or partial strikes, internal or external to the Company, epidemics, pandemics, blocking or disruption of means of communication , telecommunications or postal services, the unavailability and shortage of raw materials, equipment or products, attacks, wars of any kind, family dramas, frost, fires, storms, floods, power outages, etc. 'electricity.

When the Company finds that it is unable to perform its Services or provide the Equipment, it will inform the other Party, by any means, within a reasonable time.

The occurrence of a case of force majeure has the effect of suspending the performance of the Company's contractual obligations. The suspension of the Company's obligations may in no case be a cause of liability for non-performance of the obligation in question, nor induce the payment of damages or late payment penalties.

When the cause of the suspension of its obligations disappears, the Company will make every effort to resume the normal performance of its contractual obligations. To this end, the Company will notify the Customer of the resumption of its obligations by notification.

During this suspension, the Parties agree that the Customer's costs, generated by the situation, can in no case be borne by the Company.

If the impediment was permanent or would continue beyond thirty (30) calendar days, the Parties will come together and consult each other with the aim of continuing to perform their obligations as soon as the consequences of the force majeure event cease. .

12. INTELLECTUAL PROPERTY

The Company remains the owner of all the intellectual property rights on the Equipment and in particular on the studies, drawings, models, prototypes, know-how, produced, even at the request of the Customer, with a view to carrying out the Service to the Customer. The Customer is therefore prohibited from any reproduction or use of said Equipment, studies, drawings, models and prototypes, without the express, written and prior authorization of the Company, which may condition it on financial compensation.

13. SUBCONTRACTING

If it deems it necessary, the Company may subcontract the provision of any Service to any authorized person of its choice, subject to compliance with the legal and regulatory obligations relating to subcontracting, and in particular the provisions of Law no. °75-1334 of December 31, 1975

In such a case, the Company will remain liable to the Client for the fulfillment of its obligations, under the conditions defined herein.

14. PERSONAL DATA

As part of the performance of the Service, the Customer is informed that the Company processes the personal data of the person(s) in charge of the Customer's Orders, within the meaning of the General Data Protection Regulations ( the “GDPR”) and the Data Protection Act as data controller.

They are subject to processing based on the execution of these General Conditions in application of Article 6.1.b. of the GDPR, for the purposes of:

- management, performance and return of the Service;

- billing and payment management;

- exercise of rights by data subjects.

Personal data is intended for the Company.

They are kept for the duration of the contractual relationship and for five (5) years following the date of the last Order for archiving purposes.

Each person whose personal data is processed has a right to limit processing, a right of access, rectification, deletion and portability of data concerning him. It may expressly oppose the processing of its personal data, unless this opposition affects the proper execution of the General Conditions. To exercise their rights, each data subject may write to the Company at the address:

ADDON SPORTS,

XXX – XXXXX

Finally, the Customer is informed of his right to seize the competent administrative authority if he considers that his rights or those of his staff have not been respected.

15. MISCELLANEOUS PROVISIONS

15.1 Waiver

The fact that the Company does not avail itself at a given time of any of the present clauses, cannot be considered as a waiver to avail itself later of these same clauses.

15.2 Independence of clauses

The possible cancellation of one or more clauses of these General Conditions cannot affect its other stipulations which will continue to produce their full and complete effect as long as the general economy of these General Conditions can be safeguarded.

15.3 Independence of the Company

These General Conditions exclude any relationship of preposition or subordination between the Parties, the Company exercising its mission autonomously and independently.

15.4 Non-solicitation

The Client undertakes not to solicit or employ, directly or indirectly, any present or future employee or collaborator of the Company, even if the initial solicitation is made by the collaborator, except with the prior written consent of the Company. This clause will apply throughout the duration of the execution of the Order and for a period of 12 months from its end.

In the event of non-compliance with this clause, the client will pay the Company, as a penalty clause, an amount equal to six (6) times the gross monthly remuneration of the employee concerned.

16. FINAL PROVISIONS

16.1. Applicable right

These General Conditions and the Orders they govern are subject to French law to the exclusion of any other right.

16.2. Language

These General Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.

16.3. Mediation

In the event that the Customer is a consumer who is a natural person, he is informed that he may, in any event, resort to mediation, in particular with the Consumer Mediation Commission, in accordance with Article L. 612-1 of the Consumer Code or with existing sensory mediation bodies, and whose references are:

[TO BE COMPLETED][AD6]

or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

16.4. Jurisdiction attribution

Any dispute relating to the interpretation, validity, execution or termination of these General Conditions, will result in the immediate payment of all sums due to the Company by the Customer, without prejudice to any other action that the Company may entitled to sue in this respect against the Client. In the event of such a dispute, the Parties will make their best efforts to reach an amicable agreement.

FAILING THIS, ANY DISPUTE BETWEEN THE COMPANY AND THE CUSTOMER REGARDING THESE GENERAL TERMS AND CONDITIONS AND IN PARTICULAR THEIR VALIDITY, APPLICATION, INTERPRETATION, EXECUTION OR THEIR TERMINATION AND REGARDING THE QUOTATION COMMUNICATED BY THE COMPANY, OR PAYMENT OF THE PRICE, WILL BE SUBJECT TO HAS THE EXCLUSIVE JURISDICTION OF THE LYON COMMERCIAL COURT.

THIS CLAUSE APPLIES EVEN IN THE EVENT OF A REFERRAL, WARRANTY CALL OR MULTIPLE DEFENDANTS.

[AA1]To be completed

[AD2]Is it always the same?

[AAA3]Do you require a deposit? If yes by how much?

[GS4]60% deposit on order. We would like to set up the rest by sampling at the site reception. Possible ?

[AA5]The direct debit seems complicated to me to set up, however we can request payment on site on the day of receipt of the site by check or by bank transfer on the day of receipt

[AD6]To specify. You must join a mediation center. We will talk about it again.