General Terms of Use & Sales contract

Definitions

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

Administrator: person, department or company responsible for administering the Websites, running it and implementing the resources required for it to function, acting on the instructions of PREMIÈRE VISION.
Content: all information, items and/or media in whatever format, intended to be published on the Websites.
Exhibition: trade fair organised by PREMIÈRE VISION.
Operation: maintenance of the Websites in operational condition.
Incident: unplanned interruption or deterioration in the quality of a computer service provided online on the Websites.
Parties: refers to all of the Users of the Websites and PREMIÈRE VISION.
Show: means the shows organized by Première Vision, particularly : Première Vision Paris, Première Vision Denim, Première Vision Made in France, Blossom Première Vision, Fashion Rendez-vous, Première Vision New-York, Première Vision Shenzhen
Services: all of the services put online by PREMIERE VISION for users by means of the Websites.
Websites: 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 following websites: www.premierevision.com, paris.premierevision.com, denim.premierevision.com, blossom.premierevision.com, madeinfrance.premierevision.com, newyork.premierevision.com, fashionrendezvous.premierevision.com, shenzhen.premierevision.com et marketplace.premierevision.com.
User: any natural person legitimately connected to the Websites.
Products and services: all of the services and products sold or put online by PREMIERE VISION for users by means of the Websites.
Publications: includes colour ranges.
Customer: the natural person or legal entity acting as a professional that places an order for Products and/or Services via the Website
GTU: combine both General Terms of Use and Sales contract.

Purpose of the General Terms of Use & sales contract

The purpose of these “General Terms of Use” (hereinafter the “GTU”) is to define

the conditions under which all Users can use the Services provided by PREMIERE VISION by means of the Websites.
the contractual relationship between Première Vision and the Customer in the framework of sale for Products and Services via the Website.

The Products and Services offered by Première Vision are intended for professionals.

Entry into force – Term

These GTU apply to all Users of the Websites and to all Customers.

These GTU may be modified by PREMIÈRE VISION whenever it deems it to be necessary, which all Users expressly accept in advance. PREMIÈRE VISION puts online and makes available any new version of the GTU.

Any Products and/or Services orders placed by a Customer on the Website implies the unreserved Customer’s acceptance to the Contract. The Customer must acknowledge having read the Contract and having validated the Contract’s provisions, prior to placing an order, by ticking the box “I accept the General Terms and Conditions”.The Customer is deemed to have unreservedly accepted the Contract. Unless stipulated to the contrary, the Contract will prevail over any other clause or stipulation mentioned in the orders, correspondence and other documents exchanged between Première Vision and the Customer. Première Vision may be required to adapt or vary the Contract. Clients will be informed immediately of any such changes, as the Contract will be updated on the Website. Orders placed before the Contract are varied will be governed by the version applicable on the order date.

Opposability of the General Terms of Use

The GTU may be modified by PREMIERE VISION whenever it deems it to be necessary, which all Users expressly accept in advance. PREMIERE VISION puts online and makes available any new version of the GTU.

Liability

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

Consequently, the User is 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 PREMIÈRE VISION, Users or third parties due to using the Services or connecting to the Websites.

PREMIÈRE VISION implements the best means to make sure the Contents are accurate. Nevertheless, it is the Users’ responsibility to check the accuracy of the Contents.

In case of inaccuracy of the Contents, PREMIERE VISION cannot incur liability on this account or owe any compensation to Users.

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.

Breach of GTU
Any use of the Websites and its functions contrary to their purpose and aim, is strictly forbidden and constitutes a breach of these GTU.

Intellectual property

PREMIÈRE VISION holds all of the rights of use, display, operation, reproduction, representation, adaptation and translation for all of the elements that comprise the Websites, including the graphic charters, titles, Websites maps, texts, articles, analyses and writing, pictures, videos, images, logos and marks or any other informational and/or downloadable content put online by PREMIÈRE VISION.

The Websites 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 PREMIÈRE VISION.

The User undertakes to respect the copyrights, trademark rights and database producer’s rights held by PREMIÈRE VISION; it acknowledges that the databases created by PREMIÈRE VISION are its sole property.

PREMIÈRE VISION only grants to the User a right to the private and non-exclusive use of the Content and an authorization to reproduce the Content in a digital format on the computer that is used for the consultation of the Websites for the exclusive purpose of displaying web pages consulted by using internet browser.

The User shall refrain from transferring or granting information obtained from the Websites and shall refrain creating any derivative works based on the Content of the Websites.

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

Any full or partial reproduction of any of these elements without the prior written authorisation of PREMIÈRE VISION is strictly prohibited. Any breach of this clause will constitute an infringing act and might result in legal action against the Users, in accordance with the regulation and legislation in force.

The use of hyperlinks about and referring to the Websites without the prior written authorisation of PREMIÈRE VISION is also strictly prohibited. The User can obtain an authorisation by an email addressed to the Administrator.

Right to use Services

As the information provided by the User is necessary for the Websites to be optimised and for the Services to be well executed, the User commits to provide accurate information when he uses the Services.

The User commits not to create a fake identity which could mislead the Administrator or third parties.

Online account

When the User connects to the Website and if he isn’t already identified, the User has the possibility to create a visitor account. When proceeding an account creation, the user validates the present GTU and accepts to receive Première Vision marketing campaigns messages. Thanks to this account, The User may manage his consents with the Preferences Center, and order the Products and Services proposed by PREMIÈRE VISION.

For the purposes of identification and creation of his account, the User communicates some information.

To permit the opening of his online account, the User has to:

Communicate to PREMIÈRE VISION the following information: surname, first name, email, mobile phone number, nationality, the corporate name of the company, geographical location, password.
Agree to these GTU

The information provided by the User during the creation of his/her account has to be regularly updated in order to maintain its accuracy.

Each User commits to create only one account.

Access to the visitor account is free for the User.

Following the creation of the account by the User, an e-mail is sent by PREMIÈRE VISION to the User to confirm the account creation.

Once the account created, the User can, via his account interface, complete and modify his/her personal data, manage his/her communication preferences. The User may also request his/her data and/or their deletion by contacting personaldata@premierevision.com.

Customer identification

Any Customer must create a customer account and log in to his customer account if he wishes to place an order. To this end, new Customers must complete the minimum mandatory fields required to create a Customer account on the Website. New Customers must accurately fill in the available fields and provide the necessary personal details that can be used to identify them, ie: their first name, surname, e-mail address, country and password. New Customers wanting to buy a Product or a Service on the Website, will be asked to complete – always accurately – their personal details with: an address, a billing address, a job title, their company profile, range(s) of product(s) and market(s) they are in charge of, product(s) level and key areas of focus. When managing his account, the Customer undertakes to provide accurate and complete information. If the information provided turns out to be false, inaccurate or incomplete, Première Vision reserves the right to cancel the Customer’s order without the latter being able to make any claim whatsoever for compensation. Additionally, Première Vision cannot he held liable for the non-performance or improper performance of the contract resulting from communication by the Customer of false, inaccurate or incomplete information. Customers must choose a login name and a password (which will remain private and confidential). This information will be used to identify them when they log into their Customer Account, which they must do to place an order. Customers acknowledge and accept that their login name and password will be used to authenticate them. Customers who already have a customer account must click on ‘Log in’ and enter their e-mail address and password. In case of forgotten or lost password, Customers need to ask to generate a new one through a link sent to the Customer email address (valid only 24 hours).

Personal data

All information about the processing of personal data carried out by Première Vision as part of the Contract are in the Première Vision’s Privacy Policy accessible to the following URL: https://www.premierevision.com/en/privacy-policy/

Online services

PREMIÈRE VISION provides, by the Websites, the following services to the User:

Consultation of contents and various information;
Use of transactional features: orders of pass/badges for the Exhibition notably, activation of invitations. These transactional features are subject to specific terms.
Use of forms which allow the User to contact PREMIÈRE VISION

Delivery process

Orders for Services

Orders for Services such as an E-pass during the pre-registration process will only be sent by e-mail. The Customer will receive an E-pass by e-mail, which must be presented on paper or smartphone at the appropriate desk on arrival at the Show. Orders for Services such as tickets to seminars may only be placed by holders of a pass or an E-pass for the Shows. Seminar tickets may be purchased at the same time or after a pass or an E-pass and subject to availability (limited seats). If an order for Services is placed online during the online registration process, the Customer will receive confirmation of the booking by e-mail. The booking will then be mentioned on the pass produced on arrival at the Show.

Orders for Products

As soon as the publications are available on the online shop, and provided the Customer has been approved by Première Vision and is based in a country entitled to Product order placement, the Customer will be able to place an order and to have it shipped.

Required configuration

To use the Websites and its functions appropriately, the User must use softwares regularly updated

The pages of the Websites 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 Websites 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 Websites. Nevertheless, PREMIÈRE VISION does not have any duty towards the User 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 Websites, PREMIÈRE VISION may upgrade its functions.

The functioning of the Websites may be momentarily interrupted by decision of the Administrator for maintenance or security reasons. No interruption or slowdown in the functioning of the Websites 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 Websites 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 Websites. All Users can disable cookies on their computer by selecting the appropriate option in their browser.

Proper use of the Websites

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

Users and Customers who are recognised as responsible for infecting all or part of the Websites 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 PREMIÈRE VISION or any third party victim.

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

Any use of the Websites 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 interruption of the Subscription, at the discretion of PREMIÈRE VISION.

PREMIÈRE VISION can decide to block the dissemination or delete any Content put online by the User or the Customer that infringes:

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

PREMIÈRE VISION cannot incur liability on this account or owe any compensation to Users or Customers.

Complaints

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

Limitation of liability

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 PREMIÈRE VISION.

Cancellation – postponement – force majeure

Except if Première Vision cancels the Show, E-pass delivered by Première Vision following to a Customer order cannot be exchanged, nor refund. In the event of cancellation, postponement or substantial change of the Show, the refund of the E-pass will be under Première Vision’s responsibility. Only the price of the E-pass will be refund to the Customer by Première Vision. It is stated that are restrictively considered as substantial changes place or date changes, by excluding any other changes. If Première Vision denied the access to the Show to the Customer due to the non-respect of the Contract by the Customer, and more generally, due to the non-compliance of the Customer with French regulations, the Customer cannot be refund of the price of his E-pass, in any case. In accordance with the provisions of Article 1218 of the French Civil Code, the Parties’ obligations shall be suspended upon the occurrence of a Force Majeure event. By express agreement, the following shall be considered Force Majeure events: (ii) pandemics, war, riot, fire, strike, acts of God, shortage of raw materials, strike by transport services, administrative closure of the Show by a competent authority having the necessary security or enforcement powers, even if the legal and precedential conditions of a Force Majeure event are not met.

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 Websites and their online relations.

Amicable proceedings

Any disagreements regarding the interpretation and/or performance of these GTU must, as far as possible, be settled by amicable agreement between the Parties, which PREMIÈRE 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.

Allocation of jurisdiction

In the event of any dispute that cannot be settled amicably, jurisdiction is expressly allocated to the courts of Lyon, notwithstanding multiple defendants or thirdparty 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.

Applicable law – Contractual language

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

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

Appendix

Appendix are an integral part of the General Terms of Use and Sales Contract

Appendix 1 : PREMIÈRE VISION (PREMIÈRE VISION PARIS, DENIM PREMIÈRE VISION, PREMIÈRE VISION MADE IN FRANCE, BLOSSOM PREMIÈRE VISION, FASHION RENDEZ-VOUS, PREMIÈRE VISION NEW YORK, PREMIÈRE VISION SHENZHEN) SHOWS RULES AND REGULATION FOR VISITORS

Article 1 – ENTRY TO THE SHOWS

Entry to the Shows concerns mainly trade visitors from the Textiles and Clothing industry. We would ask you to carry some form of personal and professional identification that you may be asked to produce at any time for security purposes.
1. All commercial activities (sale, distribution, various commercial transactions) are strictly forbidden except on exhibitors’ stands. This rule applies to the whole of the Parc des Expositions (car parks, reception area, station approaches).
1. Access to the Shows is paying and valid for the duration of the Shows. The entry fee for visitors is decided by PREMIÈRE VISION S.A., rates are available on PREMIÈRE VISION S.A. web site or at the entrance of the Shows on each cash desks.

Article 2 – REQUIREMENTS

2.1. Visitors are required to observe strictly the Rules and Regulations as well as the public order, police and security regulations decided upon by the Organizers and the authorities.

Badge wearing: – All badges must correspond to the actual identity or job title of the wearer.
- Photographs – Films: Neither photographic equipment (camera, television camera or camcorder…) nor magnifying glass are permitted in the Shows. These restrictions do not apply to photographers authorized by the Organizers.
- Collections: The following is strictly forbidden to: – Cut off bits of presented fabrics, leathers or furs, designs, garments or any other kind of sample, and pull or take threads from them, tear off accessories. – Bring to or present at the Shows fibre, yarn, fabric, leather or fur, garment accessories, manufactured garments or drawing collections anywhere other than the exhibitors’ stands.
- Copying – Counterfeiting: It’s strictly forbidden to make precise sketches of the fabrics, designs, leathers or furs, accessories, garment prototypes or other samples shown in the Trend areas. In case of a dispute, the COPYRIGHT® unit alone, as the controlling body, is authorized to resolve conflicts.
- Luggage: All luggage should be left at the cloakrooms.
- Phones: Cellular phones are forbidden on the Forums.

Article 3 – SANCTIONS

In order to ensure the smooth running of the Shows, the Organizers reserve the right: – To exclude any person infringing present rules and regulations – To confiscate any photographic film brought into the Shows without authorization. – To confiscate any sketch or drawing executed for the purposes of copying or counterfeit. – To confiscate any unauthorized fabrics, leathers or furs, designs, yarns, fibres, accessories or garment prototypes collection. If necessary, the Organisers may call upon the police to maintain the quality of the Shows organisation and to protect the exhibitors against copying and counterfeiting.

Article 4 – MISCELLANEOUS

Neither children nor animals are admitted to the Show