These general terms and conditions of sale apply to all services provided by SoBarman.com (hereinafter "the Service Provider") to private or professional customers (hereinafter "the Customer"), regardless of any clauses that may appear in the Customer's documents, including its general terms and conditions of purchase. They apply to all services offered by the company SoBarman.com. In accordance with current regulations, these general terms and conditions of sale are systematically communicated to all customers to enable them to place an order with the Service Provider.
2.1 Sales of services are only validated after a quote has been drawn up and express acceptance, in writing, of the customer's order by So Barman (hereinafter "the Service Provider"), confirmed by an acknowledgement of receipt from the latter. Orders must be confirmed in writing, by means of a purchase order duly signed by the customer.
2.2 Any changes to the order requested by the customer will only be taken into account, within the limits of the Service Provider's possibilities, if they are notified in writing, at least 15 days before the date scheduled for the provision of the services ordered, after signature by the customer of a new specific order form and possible adjustment of the price.
2.3 In the event of cancellation of the order by the customer after its acceptance by the Service Provider, less than 3 months before the scheduled date of the service, for any reason other than force majeure, the deposit paid when ordering, as defined in Article 4 payment conditions below, will be automatically acquired by the Service Provider and may not give rise to any reimbursement.
The services are provided at the rates in effect on the day of the order, in accordance with the estimate previously established by So Barman (hereinafter "the Service Provider") and accepted by the customer, as stipulated in Article 2 of these conditions. The rates are indicated net and excluding taxes (HT). VAT will be applied at the rate in effect. An invoice is issued by the Service Provider and given to the customer upon each provision of services.
4.1 Payment Deadlines: A deposit of 50% of the total amount including tax of the services ordered is required upon confirmation of the order. The remaining balance is payable in cash on the day of the service, at the end of the service, according to the terms defined in Article 5 "Terms of provision of services" below. So Barman will not be required to carry out the services ordered if the Customer does not pay the agreed deposit amount, in accordance with the conditions set out in these general terms and conditions of sale. No discount will be granted for early payment.
4.2 Late Payment Penalty: In the event of late payment beyond the agreed deadline and after the payment date indicated on the invoice sent to the Customer, late payment penalties will be applied. These penalties will be calculated at a monthly rate of 5% of the amount including tax of the services appearing on the invoice from the first day of delay. The penalties will be payable after a formal notice has remained unsuccessful. In the event of non-compliance with the payment conditions, So Barman reserves the right to suspend or cancel the services ordered by the Customer.
5.1 The services requested by the Client will be provided on the date indicated on the duly signed order form and accompanied by the required deposit.
5.2 The services will be provided at the address specified on the order form. The services may be performed at another location designated by the Customer, subject to 15 days' notice and at the latter's exclusive expense. In addition, any special request from the Customer concerning the conditions of provision of the services, accepted in writing by the service provider, will result in specific additional invoicing, based on a quote previously approved by the Customer.
5.3 In the event that the service is provided abroad, it is the Customer's responsibility to inquire about the applicable legislation regarding the service of alcoholic beverages. If foreign legislation prevents the service of alcoholic beverages as part of the service, the Service Provider may not be held liable under any circumstances and the service will be invoiced and payable in full by the Customer.
In accordance with the provisions of the Public Health Code, and although the services are provided during private receptions, So Barman will not serve alcohol to persons under the age of 18. Consequently, So Barman reserves the right to request proof of age for any person requesting an alcoholic beverage.
Furthermore, in compliance with the regulations in force, So Barman reserves the right to refuse to serve any person in a state of advanced intoxication or displaying aggressive behavior. Despite the measures taken by So Barman, the Client remains fully responsible for his guests and must ensure the supervision of minors present on the premises as well as persons in a state of intoxication.
The Client must inform the Service Provider of persons who, for reasons of health, age or advanced intoxication, must not be served alcoholic beverages. In any event, So Barman, not being the organizer of the event, declines all responsibility in the event of excessive alcohol consumption by participants and the consequences that this could entail.
As part of the services provided by So Barman, the Service Provider provides equipment and tableware that remain its exclusive property. In the event of breakage or damage to this equipment by participants in the event, the Client is held responsible.
Any piece of equipment that is broken, lost or damaged may be invoiced to the Client according to the rates in force, available upon request. The Client agrees to reimburse the costs of replacing or repairing damaged equipment.
So Barman retains all intellectual property rights, whether visual or audio, including the underlying technology, necessary for the provision of services to the Client.
The Client undertakes not to reproduce or exploit these intellectual property rights without prior, written and express authorization from So Barman. This authorization may be subject to financial conditions determined by So Barman.
These general terms and conditions of sale are governed by French law, regardless of the location of the performance of the service. The nullity or invalidity of a clause of the general terms and conditions of sale does not affect the validity of the service provision contract, which remains applicable between the parties. The clause will replace any cancelled or invalid provision.
Expressly, any dispute between the parties falls under the exclusive jurisdiction of the competent courts of Paris, regardless of the location of delivery, the method of payment, or the plurality of defendants.
