General Terms Of Use Marketplace - Marketplace Première Vision
  1. Definitions

    When they are in capitalised form, the terms below have the following definitions:

    • Administrator: person, department or company responsible for administering the Website, running it and implementing the resources required for it to function, acting on the instructions of PREMIERE VISION.
    • Admission to the Show: agreement granted by one of the selection committees called by PREMIERE VISION to any professionals, whether natural persons or legal entities, who wish to benefit from the Stand Lease.
    • Content: all information, items and/or media in whatever format, intended to be published on the Website.
    • Operation: maintenance of the Website in operational condition.
    • Exhibitor/Supplier: any professional who has been granted Admission by PREMIERE VISION after carrying out the formalities for registering for the Show.
    • Incident: unplanned interruption or deterioration in the quality of a computer service provided online on the Website.
    • Offer: any offer of goods for sale or any offer of samples, put online on the Platform by the Exhibitor, and including any photographs, images, designs and models, logos, trademarks, diagrams, descriptions or representations.
    • Parties: refers to all of the Users of the Website (Exhibitors/Suppliers, Visitors/Buyers) and PREMIERE VISION.
    • Marketplace: online marketplace enabling Exhibitors/Suppliers to be put in contact with Visitors/Buyers via PREMIERE VISION.
    • Show: event organised by PREMIERE VISION.
    • Services: all of the services put online by PREMIERE VISION for users by means of the Website.
    • Website: all of the structured documents called “web pages” comprising content of various kinds and in various formats (text, images, sound, video etc.) run by software packages and stored on a server connected to the internet, representing the technical medium of the Marketplace.
    • Transaction: any contract entered into online via the Platform between an Exhibitor/Supplier and a Visitor/Buyer, whether free of charge or against payment, for the purpose of selling goods or providing a sample.
    • User: any person (Exhibitor/Supplier or Visitor/Buyer) legitimately connected to the Website.
    • Visitor/Buyer: any fashion professional who accesses the Show and is likely to visit the Website in order to establish relations with one or more Exhibitors.
  2. Purpose of the General Terms of Use

    The purpose of these “General Terms of Use” (hereinafter the “GTU”) is to define the conditions under which all Visitors can use the Services provided by PREMIERE VISION DIGITAL (hereinafter “PREMIERE VISION”), a limited company (SA) with capital of €200,000, registered on the register of companies of LYON under reference No. 828 722 000, company unit registration number (SIRET) 828 722 629 000 15, core activity code (APE) 63.12ZA, whose head office is located at 59 Quai Rambaud, CS 30162, 69002 LYON, FRANCE.

  3. Entry into force - Term

    The GTS enter into force as soon as they are accepted online by the Visitor.

    They expire when the Visitor/Buyer unsubscribes from his/her online account.

  4. Opposability of the General Terms of Use

    The GTU may be modified by PREMIERE VISION whenever it deems it to be necessary, which the Visitor expressly accepts in advance. As far as possible, PREMIERE VISION shall endeavour to inform the Visitor adequately.

  5. Liability of the Visitor/Buyer
    • Form of proof

      In their relations, the Parties undertake to correspond by means of email, except in special cases where it is necessary to send a registered letter with acknowledgement of receipt. All messages sent by email constitute an acceptable form of proof for establishing any facts, acts and actions of each of the Parties.

    • Limitation of liability

      The Visitor is not granted any limitation of liability or guarantee in respect of breaches of any of its contractual obligations.

      Consequently, the Visitor shall be liable for any damage, including direct, consequential, resultant, special, incidental, physical and/or non-pecuniary, material and/or non-material damage that it may cause to the other Parties or to third parties due to using the Services or connecting to the Website.

    • Non-waiver

      The fact that PREMIERE VISION does not require performance of any of the clauses of the GTU or tacitly accepts non-performance of a clause either permanently or temporary, cannot be deemed to be a waiver by PREMIERE VISION of its entitlements under the aforementioned clause or its subsequent performance.

    • Walkaway clause

      In accordance with common law, PREMIERE VISION may take advantage of a walkaway clause to temporarily or permanently suspend the supply of one or more Services, or to interrupt the Subscription.

  6. Intellectual property

    PREMIERE VISION holds all of the rights of use, display, operation, reproduction, representation, adaptation and translation for all of the components of the Website, including the images, logos and marks put online by PREMIERE VISION.

    The Website and its Content are protected by French copyright law and related rights (Articles L.122-4 et seq. of the French Intellectual Property Code) which prohibit the reproduction in whole or in part of these various constituent elements without the consent of PREMIERE VISION.

    For this reason, the User undertakes to respect the copyrights, trademark rights and database producer’s rights, and each User acknowledges that the databases created by PREMIERE VISION are its sole property.

    The User is not entitled to transfer or sell the information obtained from the Website and shall refrain from creating any derivative work based on the Content of the Website.

    The Website and its components constitute a copyright work under intellectual property law. Any representation, reproduction, modification, transmission, translation or in general any use of the Website and its technical or graphical components are strictly forbidden without the prior authorisation of PREMIERE VISION.

    Provision of the Services does not involve any transfer or granting of any intellectual property rights, apart from the right for the User to use the Services provided online on the Website by PREMIERE VISION, within the limits specified herein and where appropriate in the Contract.

    The Offer put online is likely to be subject to intellectual property rights held by the Exhibitor that provides the Offer. The Exhibitor shall personally protect them and enforce its rights.

    The Exhibitor alone is liable for the display of the photographs, images, designs and models, logos, trademarks, diagrams, descriptions, representations, and more generally of distinctive marks in its Offer(s), and for all of the related consequences in the event of infringement of third-party rights. In this case, if PREMIERE VISION is sued, it shall be entitled to implead the Exhibitor concerned, which will cover all of the costs of defence, immobilisation of the Website and all other damages liable to be claimed from PREMIERE VISION.

  7. Right to use the online Services

    Visitors who identify themselves to PREMIERE VISION undertake to provide accurate information when they register and during any online formalities, since this information is necessary for the smooth functioning of the Website and proper performance of the Services.

    Visitors undertake not to create a false identity likely to mislead the Administrator or third parties.

  8. Online account

    When they first visit the Website and if they have not already identified themselves, Visitors must provide several pieces of information in order to identify themselves and create their account.

    Visitors must provide the following information to PREMIERE VISION to enable it to open their online account: corporate name if necessary, name and position of the manager, company unit registration number (SIRET)/company registration number (SIREN) or other registration number, VAT number if necessary.

    This information must be regularly updated by the Visitor to ensure that it is accurate.

    Each Visitor undertakes to only create one account.

    Access to the Marketplace Services is free of charge for Visitors.

  9. Online Services

    PREMIERE VISION provides the following Services via the Marketplace:

    • Consulting of product catalogues put online by the Exhibitors;
    • Use of transactional functions: orders, purchase of samples and standard lengths, purchase of products by the metre, online payment etc.
    • Consulting miscellaneous information.

    Due to legal rules regarding financial transparency and combating money laundering, the Payment Service Provider may limit the opening of a secure online payment account and access by the Visitor and PREMIERE VISION to the corresponding services. The Exhibitor and the Visitor concerned will then be asked to carry out their Transaction by their own means and cannot hold this against PREMIERE VISION.

  10. Cookies

    While the User browses the Website, cookies are installed on the User’s computer, mobile or tablet. The Website has been designed to be particularly responsive to the needs and expectations of Users. For this and other reasons, PREMIERE VISION uses cookies to identify Users, allow them to access their account and manage their shopping basket, for example.

    PREMIERE VISION installs cookies on the Users’ terminals for the purposes of Website browsing, and the optimisation and personalisation of PREMIERE VISION services on the Website.

    Third-party companies (e.g. those involved in marketing statistics) install cookies in order to identify the interests of Users through the products searched for or bought on the Website, and personalise promotional offers that are targeted at Users on the Website or elsewhere. Cookies may be installed during the browsing of the Website or when the User clicks on an advertisement on the Website. Third-party cookies are installed by those companies acting on their own account; PREMIERE VISION has no control over such cookies.

    The Website uses different types of cookies which have different purposes. The Website contains:

    • Cookies strictly necessary for the use of the Website by Users. They allow the use of the main functionalities of the Website (e.g. use of the purchase basket or account access). Without these cookies, the Users would not be able to use the Website properly. These cookies are installed by PREMIERE VISION and only relate to the operation of the Website.
    • Analytical cookies that provide information on the use and performance of the Website thereby helping in the improvement of the Website’s operation (e.g. webpages browsed most often, searches made using the Website’s search engine, etc.). These cookies are mainly installed by Google.
    • Operational cookies that allow PREMIERE VISION to personalise the Website’s experience for Users (e.g. remember items in the basket before continuing with the purchase). These cookies are installed by PREMIEREVISION.
    • Advertising cookies used to display advertisements or provide information adapted to the User’s interests on the Website or elsewhere during the User’s browsing of the Internet. They are mainly used to limit the number of times Users should see an advertisement and help in calculating the effectiveness of advertisement campaigns. The rejection of these advertising cookies does not affect the use of the Website. However, their rejection will not stop the display of advertisements on the Website or the Internet in general. The effect of their rejection will only be that the advertisements displayed will not centre on the User’s interests or preferences. These cookies are mainly third-party cookies. These cookies are principally from advertisement companies. We cannot provide an exhaustive list of them.
    • Social network plug-ins and cookies are present on the Website. Social network cookies are used to allow Users to share webpages and content through third-party social networks. They also enable targeted advertisements on social networks. The Website also uses social network plug-ins or buttons. Social network plug-ins facilitate, in particular, the sharing of webpages and content from the PREMIEREVISION Website on various social platforms. They can allow the User to ‘like’ information from the Website and share it with social network friends. For this purpose, the plug-ins use cookies that determine whether the User is a user also of those platforms and whether the User is connected to the social network during the browsing of the Website. These cookies also enable targeted advertising on the platforms. For more information on the use of personal data in relation to social networks, the User should read the privacy policies of the relevant social networks.
    • Cookies and device identification for transaction security purposes.
    • PREMIERE VISION hereby informs the User that it may use behavioural retargeting functionalities (advertisement displays during browsing outside our Website, or email contact, following the browsing of our Website). These functionalities are possible through the use of cookies and are offered by partners. They present the User with advertisements that are better adapted to the User’s needs and connected to the User’s recent behaviour on the Website. The User can, at any time, cease such retargeting by rejecting advertising cookies on your browser or by managing preferences in relation to advertisements proposed by partners or using the unsubscribe link in emails.

    The User is informed that, at the time an order is placed, PREMIERE VISION or the service providers acting on its behalf may install cookies or collect data relating to the User’s terminal, including information (technical features) necessary for the recognition of the device (computer, tablet, mobile phone) in order to facilitate the identification of the User’s equipment as part of security procedures for monetary transactions (prevention of fraud). Cookies and device fingerprints are used for this purpose. A banner on the Website, upon entering, will appear informing Users of the collection of information about their terminal in order to identify it. By proceeding to make purchases on the Website without altering the collection of device identification data, the User agrees to such collection and the creation of the identification.

    At any time, the User may choose to disable these cookies. The User’s browser can alsobe configured to notify the User that cookies will be installed and request whether the User agrees to such installation. The User may accept or reject cookies on a case-by-case basis or automatically reject all cookies. PREMIEREVISION reminds the User that such configuration could change the conditions for accessing services that require cookies. If the User’s browser is set up to reject all cookies, the User may be unable to make purchases or take advantage of the essential functions of the Website, such as storing items in the basket or receiving personalised recommendations. PREMIERE VISION invites Users to configure their browser while taking into account the purpose of the cookies as described above. Configuration of each browser is different. The browser’s help menu describes how to configure it to suit your wishes in relation to cookies. You can follow the instructions below to disable cookies.

    • Microsoft Internet Explorer/Edge
    • Mozilla Firefox
    • Apple Safari
    • Google Chrome

    If you are using Internet Explorer

    • In Internet Explorer, click the ‘Tools’ menu button, the ‘Internet options’.
    • Go to the ‘General’ tab, under ‘Browser history’ click ‘Settings’.
    • Click the ‘View files’ button
    • Click on the ‘Name’ column to sort the files by alphabetical order, then go down the list until you see the files beginning with the prefix ‘Cookie’. (All cookies contain this prefix and usually contain the name of the website that installed the cookie).
    • Select the cookies with the name ‘PREMIERE VISION’ and delete them
    • Close the window containing the filelist, then click on OK two times to return to Internet Explorer.

    If you are using Firefox

    • Enter the ‘Tools’ menu on the browser and select ‘Options’.
    • In the window that appears, choose ‘Privacy’ and click on ‘remove individual cookies’.
    • Locate the files containing the name ‘PREMIERE VISION’
    • Select and delete them.

    If you are using Safari

    • In your browser, click the ‘Safari’ tab and go to ‘Preferences’.
    • Click ‘Privacy’.
    • Click on ‘Manage website data’.
    • Choose the cookies containing the name ‘PREMIERE VISION’ and click ‘Remove’ or ‘Remove all’.
    • Once deleted, click ‘Done’.

    If you are using Chrome

    • Click the ‘Tools’ menu icon.
    • Select ‘Settings’.
    • Click on the ‘Advanced’ settings tab and enter the ‘Privacy’ section.
    • Click on ‘All cookies and site data’.
    • Locate the files containing the name ‘PREMIERE VISION’
    • Select and delete them.
    • Click on ‘Done’ to return to the browser.

    For further information on cookies, you can go to the website of the French Data Protection Agency (CNIL): http://www.cnil.fr/vos-droits/vos-traces/les-cookies/

  11. Accessibility and consulting of Offers

    All Visitors who have a Profile are entitled to access and consult the Offers online on the Website. The right to access the Website granted to Visitors is a limited, revocable, non-exclusive and non-transferable right of access.

    However, certain Offers may not be accessible to the Visitors due to the decision by Exhibitors to make their catalogue private. This function allows Exhibitors to individually authorise Visitors to display their product offering.

    Any use of the Website and its functions contrary to their purpose and aim is strictly forbidden and constitutes a breach of these GTU, and as such is liable to result in a temporary or permanent suspension of the Profile, at the discretion of PREMIERE VISION.

  12. Transactions and Exhibitors’ tariff conditions

    When they carry out Transactions online, the Exhibitor and the Visitor use the services on the Platform provided by PREMIERE VISION, so that the sale takes place solely between the Exhibitor on the one hand and the Visitor on the other hand, via the Website, under the conditions defined by the GTU.

    Payment of the orders placed online with the Exhibitor by the Visitor is carried out for PREMIERE VISION by a Payment Service Provider duly accredited by the public authorities, which carries out the transaction in accordance with its terms of service and the laws applicable to online transactions, which the Parties accept. The terms of service of the Payment Service Provider are available in the appendix to the GTU.

    The amounts due to the Exhibitor will be paid by the Payment Service Provider once the transaction is deemed to have been finalised, i.e. once the Visitor has confirmed receipt of the order, or after a period of six weeks following confirmation of shipping by the Exhibitor, if there is no complaint by the Visitor.

  13. Required configuration

    To use the Website and its functions properly, the Exhibitor must have a computer with the following minimum configuration:

    Must have a computer equipped with one of the following browsers:

    • Chrome 64 or later version,
    • Firefox 58 or later version,
    • Microsoft Internet Explorer 11
    • Microsoft Edge 16 or later version,
    • Safari 11 or later version.

    The pages of the Website are responsive and therefore adapt to all definitions, but a screen with a minimum definition of 1280 x 1024 pixels is recommended

    The Administrator cannot guarantee the transfer, storage or printing of the information put online on the Website from or to the User’s system or workstation.

    The Administrator will endeavour to deploy proven technical systems likely to provide the required functions of the Website. Nevertheless, PREMIERE VISION does not have any duty towards the Visitors to achieve a given result in this regard, in respect of the security and permanence of the information put online, in particular due to the uncertainties linked to the use and functioning of open networks such as the internet.

    In order to meet Users’ needs and to improve the functioning of the Website, PREMIERE VISION may upgrade its functions.

    The functioning of the Website may be momentarily interrupted by decision of the Administrator for maintenance or security reasons. No interruption or slowdown in the functioning of the Website can result in a claim of any kind whatsoever, or in particular in compensation, particularly in the event of loss of connection, data or information of any kind whatsoever.

    Information concerning use of the Website by Users may result in the use of cookies, to make it possible to adapt its functions to Users’ requirements more effectively and to optimise browsing on the Website. All Users can disable cookies on their computer by selecting the appropriate option in their browser.

  14. Proper use of the Website

    All Users undertake to use the Website and its functions without attempting to bypass the security and protective technical systems. They undertake not to disrupt or paralyse its functioning.

    Users who are recognised as responsible for infecting all or part of the Website with viruses, worms, Trojan horses, logic bombs or any other disruptive technical system, undertake to accept all of the consequences, and in particular the financial consequences, with regard to PREMIERE VISION or any third party victim.

    In the event of wrongdoing, misconduct or fraudulent or unlawful use by it of the Website, the User undertakes to compensate the Administrator for any loss that it suffers as a result.

    PREMIERE VISION can decide to block the dissemination or delete any Content put online that infringes:

    • French laws and regulations, international treaties, or good conduct;
    • the smooth functioning of the Website;
    • the legitimate interests of the Exhibitors, other Visitors or third parties;
    • the image, reputation and interests of PREMIERE VISION and its shareholders, subsidiaries, partners and customers.

    PREMIERE VISION cannot incur liability on this account or owe any compensation to anyone.

  15. Backups

    Each User must personally carry out backups of and protect the data it puts online, as well as its user name and password which are strictly private and confidential.

    Similarly, each User must make sure that it keeps a copy of any information exchanged, on any medium that it considers appropriate, particularly if it needs to find proof of facts or behaviour with regard to any person identified or any third party. PREMIERE VISION cannot on any account be required to provide such documents or proof.

    Since no specific backups are to be carried out by the Administrator, PREMIERE VISION cannot on any account be required by a User to retrieve their data on expiry of the Subscription.

  16. Complaints

    In order to be processed, all complaints concerning the functioning of the Website, its content or any other matters must be sent by email and by registered letter with acknowledgement of receipt to PREMIERE VISION. Complaints will not be considered unless the person making the complaint is duly identified and their contact details are provided.

    Any mistakes, inaccuracies or omissions in the content of the Website can be notified to the Administrator by email sent to the following address: contact@premierevision.com .

  17. Withdrawal of an Offer by administrative order

    In the event of a complaint by any judicial authority or the Criminal Police, the Administrator may momentarily or permanently withdraw the Offer concerned, on the decision of PREMIERE VISION notified to the Exhibitor.

  18. Limitation of liability

    If it is held contractually liable and this is recognised by a final court ruling, PREMIERE VISION can only be required to pay the amount of the Subscription paid by the plaintiff.

    No direct or consequential injury, and in particular no commercial or financial loss (of turnover, gross margin or opportunity), or damage to image can be compensated by PREMIERE VISION.

  19. Confidentiality

    In accordance with the principle of business confidentiality, the Parties undertake to show the greatest discretion regarding any information concerning the organisation of the online Services, the content of the Website and their online relations.

  20. Protection of Personal Data

    The User remains solely and fully liable for the personal data processing that it carries out on its own behalf, and consequently undertakes to comply with all of the provisions of the French Data Protection Act of 6 January 1978 and the General Data Protection Regulation of 27 April 2016.

    Insofar as it processes personal data on behalf of the User, PREMIERE VISION acknowledges that it must comply with legal requirements in its capacity as a personal data subcontractor.

    For the purpose of online transactions and the payment of orders, as well as for receiving payment of the prices, PREMIERE VISION employs a Payment Service Provider which processes personal data in the capacity of subcontractor, which each User expressly accepts by accepting these GTU, it being stated that the purpose of the personal data processing carried out by the Payment Service Provider is to provide collection and payment services for the price of the orders and to keep records of Transactions.

  21. Amicable proceedings

    Any disagreements regarding the interpretation and/or performance of the Contract must, as far as possible, be settled by amicable agreement between the Parties, which PREMIERE VISION shall endeavour to encourage.

    If an amicable solution is not found within a deadline of 30 calendar days, the Parties shall be entitled to refer the matter to the competent courts.

    By mutual agreement between the Parties, this provision does not forbid the instigation of any urgent, ex parte or summary proceedings.

  22. Allocation of jurisdiction

    IN THE EVENT OF ANY DISPUTE THAT CANNOT BE SETTLED AMICABLY, JURISDICTION IS EXPRESSLY ALLOCATED TO THE COMMERCIAL COURT OF LYON, NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRD PARTY PROCEEDINGS, EVEN FOR URGENT, PRECAUTIONARY, SUMMARY OR EX PARTE PROCEEDINGS, AS WELL AS FOR ALL REQUESTS BASED ON THE PROVISIONS OF ARTICLE L.442-6 OF THE FRENCH COMMERCIAL CODE.

  23. Applicable law - Contractual language

    The GTU of the Website are governed by French law regardless of the nationality of the User.

    They are to be read, understood and interpreted in French.

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