Blay Nelly, individual entrepreneur, operating under the French Kiss brand domiciled at 12 Rue Dembour, 57000 Metz, FRANCE and registered under SIRET number 82874245200026.

PREAMBLE

The Organizer/Decorator presents her services on the Site. It organizes private and professional events in all its forms and by all means. It has a structure, an organization, a network and recognized experience in its field of activity.
The contractualization process between the Organizer and the Client occurs after an exchange and following the proposal of a quote and a service provision contract.
In all cases, collaboration is possible for any adult Client, having the legal capacity to contract and represent themselves. He must also be able to have access to the means of payment used. Unless proven otherwise, the information recorded by the Organizer constitutes proof of all transactions.

Article 1: General provisions

These General Conditions of Sale determine the rights and obligations of the Parties in the context of the sale of the services offered by the Organizer/Decorator. The sale is made via the signing of a quote and/or service contract.
The Organizer/Decorator reserves the right to modify these, at any time, by publishing a new version on its Site or in a new annex to the estimate. The T&Cs applicable then are those in force on the date of payment (or the first payment in the event of multiple payments) of the order or signature of the Customer. The Customer keeps a copy of the General Terms and Conditions with his quote or when ordering.
The Organizer/Decorator also ensures that their acceptance is clear and unreserved. The Customer declares to have read all of these General Conditions of Sale, and where applicable the Special Conditions of Sale linked to a product or service, and to accept them without restriction or reservation when signing the quote. The Customer acknowledges that he has received the necessary advice and information to ensure the suitability of the offer to his needs. If one of the stipulations of these General Terms and Conditions is canceled, this nullity does not entail the nullity of the other stipulations which will remain in force between the parties. The clauses remain independent. Any contractual modification is only valid after a written and signed agreement of the Parties.
If one of the Parties does not take advantage of a breach, by the other Party, of any of the obligations referred to in these General Conditions of Sale, this is not interpreted for the future as a waiver to the obligation in question.

Article 2: Services of the Organizer/Decorator

Several offers are proposed by the Organizer/Decorator. These must be the subject of a quote and/or service contract to be validly proposed by the Organizer/Decorator. These are the documents which will govern the collaboration of the Parties. They will generally be called “Services”, unless otherwise specified by the Organizer/Decorator.
Any specificity brought to the Service from which the Client will benefit will be included in the quote and/or service contract. These Services cannot be ordered online, via the Site.

Article 2.1. D-Day Coordination - Day of Kiss

The D-day formula includes:

Before your wedding: The initial meeting to get to know you and understand your expectations (Free and without obligation), making contact with your service providers. the creation of a retro-plan and a detailed schedule for the big day, the visit to the ceremony and reception locations chosen by the bride and groom, coordination with your loved ones for the organization of surprises or to answer their questions as well as Unlimited monitoring and advice throughout the preparations by telephone, email and WhatsApp.
The big day: A presence from 9 a.m. until the opening of the ball, welcoming and coordinating service providers and guests, ensuring compliance with the day's schedule, managing unforeseen events with discretion and setting up the small decoration previously chosen by the bride and groom.

Article 2.2. Organization from A to Z - Perfect Kiss

The organization formula from A to Z includes:

Before the wedding: 1st meeting to get to know each other, discuss your desires and needs (Free and without obligation). Developing and managing your budget. The creation of a retroplanning and a detailed schedule. Research and selection of providers who best suit your needs and style.
The creation of a personalized wedding book which will bring together the plans of the different reception spaces (with a plan B in case of unforeseen circumstances), an inspiring mood board, as well as a common thread for the decoration. A technical tour of the ceremony locations and the reception venue. Coordination with your loved ones to organize a surprise or answer their questions. Regular meetings to take stock of the progress of your event and adjust the details according to your wishes. As well as unlimited monitoring and advice throughout the preparations by telephone, email and WhatsApp.
The D-Day: A presence from 9 a.m. until the opening of the ball, to ensure that everything goes as planned. Welcoming and coordinating service providers and guests, supervising every detail so that everything is in harmony with your expectations. Monitoring the schedule: I ensure that each step takes place according to the established schedule, for a day without a hitch. Installation of the small decoration to create the atmosphere you have imagined. And the management of unforeseen events with discretion, so that you can fully enjoy every moment.

Article 2.3. Organization over two or 3 days - Unforgettable Kiss

It is a tailor-made offer including organization from A to Z, the organization of a Welcome Dinner and/or a Brunch. A Design formula can also be added (see Article 2.5 formula.) This formula includes in more detail:
The search and selection of service providers adapted to your needs. A presence on site from 3 p.m. to 8 p.m. the day before your wedding for the Welcome Dinner and/or from 9 a.m. to 1 p.m. the next day for the Brunch. Reception and management of service providers as well as your guests. And the installation of decorative elements.

Article 2.4. Destination Wedding - Kiss in Provence

This formula includes:

An initial meeting to get to know each other and discuss your desires and needs (free and without obligation). Selection and management of service providers. Support during service provider appointments as well as for visits to ceremony and reception locations. Budget monitoring. A concierge service for your transport and that of your guests. Contact your loved ones to organize a surprise or answer their questions. Regular meetings to take stock of the progress of your event and adjust the details according to your wishes. As well as unlimited monitoring and advice throughout the preparations by telephone, email and WhatsApp. The creation of a reverse schedule and a schedule for the big day. And coordination of the entire weekend.

Article 2.5. Design and Scenography - Design Kiss

Before your wedding: 1st meeting to understand your expectations and define your desires in terms of decoration (Free and without obligation). Development of a design budget and detailed retro-planning. The creation of an inspiration book including the key moments to decorate, layout plans, scenography, your Pinterest inspirations, a color palette, as well as a complete mood board.
The search and management of the service providers necessary to achieve your vision. Regular meetings to monitor the progress of your project and support during meetings with service providers. Visiting reception areas to optimize the layout and harmony of the decoration.
The big day: Coordination of service providers to ensure a flawless process. And the assembly the day before your wedding and the dismantling the day after the decoration so that you can fully enjoy your day without logistical worries.

Article 3: Conclusion of the Contract

When the Customer wishes to benefit from one of the Services described herein, a service provision contract is submitted to him. When these General Conditions of Sale are proposed to the customer in advance, when signing the quote, they are considered as an appendix to the service provision contract.

Article 4. Pricing terms

Article 4.1. Prices

Prices are displayed in euros (€) and do not include applicable VAT, in accordance with article 293B of the General Tax Code.

Article 4.2. Payment terms

The payment methods accepted by the Organizer/Decorator are: Payment by check or bank transfer. The Customer can choose the payment method that suits him. The payment terms (schedule or total payment) are specified in the Service Provision Contract signed by the Parties.

Article 4.3. Travel expenses for the Organizer/Decorator

The Client will reimburse the Organizer/Decorator for her known travel and accommodation expenses on the occasion of all trips made by herself within the framework of the sale, upon receipt of supporting documents and on the condition that these travel expenses travel have been previously accepted by the Client.
The amounts generated by travel and due as such must be paid within 30 days of receipt of the expense report by the Customer.

Article 4.4. Sanction for non-payment

In the absence of payment of the price in the manner indicated on the Site or in the service provision contract, the Organizer/Decorator may, in addition to requesting the execution of the service in question, suspend the operation of any guarantee. and terminate the contracts in question.
In any case, the Organizer/Decorator reserves the right to temporarily suspend the execution of the Service or delivery, until the Client is given payment order.
If the Client does not pay pending invoices, the Organizer/Decorator reserves the right to initiate any recovery procedure in order to obtain payment of these amounts. When this is the case, late payment penalties equal to the legal interest rate will be applied. If the Customer is a professional, a fixed recovery compensation of €40 (forty) is added.

Article 5: Withdrawal period

When signing the service contract, the terms of the right of withdrawal are indicated to the Customer in said document which will be definitively binding.

Article 6: Obligations and responsibilities of the Parties

The obligations and responsibilities of the Parties are specified in the service provision contract. In general:
Obligations and responsibilities of the Organizer/Decorator:
The Organizer/Decorator is bound by an obligation of means in carrying out the Services. It is responsible for its own actions and not for those of third parties and other independent service providers with whom it may collaborate. The Organizer/Decorator is deemed to deliver a Service in compliance with the regulations in force as well as these presents and the service contract. The Organizer/Decorator cannot be held responsible for direct or indirect damage that the Client and/or third parties participating in the event could cause, in particular in the event of:
● Damage of any nature whatsoever (theft, damage, etc.) affecting property of any nature (personal effects, materials, etc.) brought and/or belonging to the Client and/or third parties participating in the event or at the workshop, regardless of the place where said goods are stored (parking lot, lounges, rooms, etc.).
● The occurrence of a force majeure event (irresistible, unpredictable, external event) or fortuitous event such as: strike, fire, water damage, official ban.
Under no circumstances can the Organizer/Decorator be held responsible for any damage, direct or indirect, linked to the execution of the service(s) provided by the service provider concerned, who is solely responsible to the Client, particularly in the case of:

Damage caused by the Client and/or third parties participating in the event, to the materials, equipment and premises of the service provider concerned. Any repairs and reimbursements that may appear necessary following the aforementioned damage will be the sole responsibility of the Customer.
Bodily or material accidents suffered by the Client and/or third parties participating in the event, during the intervention of the service provider concerned.
Any damage, direct or indirect, that the Client and/or third parties participating in the event could cause against the service provider concerned or its employees.
Unavailability of the service provider on the date of performance of the service(s), particularly in the event of accident, hospitalization or illness of said service provider.
He is solely responsible for the proper execution of the service(s) he must provide. Under no circumstances can the Organizer/Decorator be held liable in the event of an alleged or observed failure of the service provider(s) concerned.

Obligations and responsibilities of the Client:
● The Client is bound by an obligation of collaboration as well as an obligation of payment.
● He is responsible for his actions as well as the use of the equipment during the event.
● The Client declares and guarantees that he has full legal capacity allowing him to commit under the Organization Contract and that he holds insurance
valid civil liability.
● The Client undertakes to waive and cause its insurers and/or any third party to waive
participating in the event, to any recourse against the Organizer/Decorator in the event of the occurrence of any of the aforementioned events.

Article 7: Customer complaints

The Client may present any complaint or problem by contacting the Organizer/Decorator using the following contact details: Nelly Blay, 12 Rue Dembour, 57000 Metz (By registered letter). Or by email to: contact@agence-frenchkiss.com

Article 8: Intellectual property rights

The brands, domain names, products, software, images, videos, texts or more generally any information, creation and support, subject to intellectual property rights are and remain the exclusive property of the Organizer/Decorator.
No transfer of intellectual property rights is made through these General Terms and Conditions. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

Article 9: Force majeure and exception of non-performance

Any event beyond the control of the Parties, qualified as force majeure within the meaning of Article 1218 of the Civil Code, is considered a cause of exemption from their obligations and results in the suspension of the sale. This event must prevent the execution of the obligations of the Parties in the manner normally provided for by these General Conditions of Sale. The Parties will come together as soon as possible to agree on new delivery terms.
If one of the Parties no longer respects one of its obligations (payment, performance of the service, collaboration) even though it is due, the other Party may refuse to perform one of its obligations in turn. This is only permitted if the failure to fulfill this obligation is sufficiently serious and prevents collaboration. The Party which notices non-performance on the part of the other notifies it by registered letter with acknowledgment of receipt. A period of 15 days is given to the Parties so that they can find common ground to resume the course of collaboration. If the defaulting Party has not performed its obligation at the end of the period, then the sale will be terminated, without any termination compensation.

Article 10: Protection of personal data

To produce a quote and respond to the Customer's different needs, the Customer must indicate various personal data when contacting the Organizer: name, first name, email address, postal address, telephone number.
The Organizer collects and processes its personal data for the sole purpose of carrying out its activity and complying with its obligations. The Customer agrees to provide his data on the legal basis of the contract that binds them. The Organizer acts as data controller.
Following the end of the service, personal data is kept for a period of 2 years.
In accordance with legal provisions, the Customer has various rights with regard to his personal data.
He may at any time request access, rectification, oppose the processing, withdraw his consent, request portability and oppose any use of his data for prospecting purposes. To exercise one of their rights, the Customer must contact the Organizer at contact@agence-frenchkiss.com or at the following address: 12 Rue Dembour, 57000 Metz, FRANCE.
If he considers that the latter has not respected his rights, he can notify the CNIL (National Commission for Information Technology and Liberties) by making a complaint as soon as he becomes aware of a possible violation.

Article 11: Applicable law and conflict resolution

Any consumer customer can contact the competent mediator for disputes caused by the Organizer/Decorator. The mediator may be contacted once the Parties have entered into contact with the aim of resolving the emerging dispute.
Firstly, the Client is then invited to contact the Organizer/Decorator at the following address: contact@agence-frenchkiss.com or 12 Rue Dembour, 57000 Metz, FRANCE and to describe the problem as precisely as possible.

If the Parties are unable to find common ground, the Customer may, secondly, contact the competent consumer mediator.
The General Terms and Conditions and the operations resulting from them are governed by French law. They are written in French and this version takes precedence over any other translated version.
In the event of a dispute which cannot be resolved amicably, the French courts will have jurisdiction under the conditions of common law.

last updated September 27, 2024