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1- Company Information
These general conditions of sale are those of FARVEST Sàrl (the company), a limited liability company whose registered office is located 2 rue Drosbach, Z.I Am Bann, L-3372 Leudelange- GRAND DUCHE DE Luxembourg, registered in the Luxembourg Trade and Companies Register under number B76419.
If the customer applies other general conditions of sales or complimentary ones, their validity is contested by the conditions presented in this document. Other conditions or complimentary ones can be part of the contract only if Farvest has expressly approved them.
The general conditions of sale are applicable to all sales of products or services offered by the company FARVEST Sàrl and in force on the date of placing the order.
These conditions make it possible to know the steps to be taken in case of problem and other information that it would be necessary to know from the company FARVEST Sàrl.
3- Services and Orders
Farvest Sàrl makes available to the customer all its services and activities relating to the corporate purpose of Farvest Sàrl (Event /Publishing/ Marketing)
The customer is bound by the terms used in the order that (s)he validates and this, only after acceptance and signature of the commercial proposal.
The customer makes sure that all the items mentioned in the commercial proposal are respected and complies with the services offered by the company. The customer will therefore make sure to dedicate a specific contact to follow up on the good realization of the services.
4- Right of withdrawal and Cancelation terms
The customer has the right to withdraw, without giving any reason within fourteen days, from the signing of the contract.
The customer must notify his/her decision to withdraw from the contract by means of an unambiguous statement, clearly expressing the will to withdraw (by mail or e-mail). The withdrawal period shall expire after these fourteen days.
In case of withdrawal within the fourteenth days, Farvest will reimburse all the payments received from the company without undue delay and within thirty days after having taken into account the decision to withdrawal from the present contract. Farvest will process the reimbursement through the original payment methods used for the first transaction. This transaction shall not occur any fees for the customer.
Services linked to Farvest’s events
In case of NO SHOW due to specific restrictions (Covid19 included) no refund will be accorded if the services can be ensured by the company and the company can apply the force majeure.
- Case of force majeure
The force majeure has two effects for the customer:
– it enables the “force majeure” clause of the contract, which may justify the non-refund of a part or the whole price stipulated in the contract;
– it makes it possible to exempt itself from its contractual liability, for example in the case of damage claimed by the customer due to the failure to perform the service (transportation or accommodation expenses already incurred, for example, in the frame of a participation in an event).
Force majeure must be unpredictable in its causes and insurmountable in its effects as follows.
If the contract was signed before the date of prohibition of all gatherings, the force majeure clause applies only: if the event is prohibited by a specific decree, or in case of public procurement if the State and the Communities have recognized the epidemic as a case of force majeure.
If the contract was signed after the ban date, the coronavirus outbreak is no longer unpredictable, and it was anticipated that action would be taken in the event of a worsening outbreak.
If the impediment is not definitive, the company shall plan a postponement, otherwise the appropriate solutions must be implemented.
In cases of imperative need, the company reserves the right to modify, adapt, postpone services, provided that this does not materially alter the initial contract and being subject to reasonable notice.
Postponement or cancellation
If the postponement is possible, the execution of the contract is suspended until the end of the restriction and is postponed to a specific date. The following procedure shall be adopted:
A new date within a reasonable time
A notification of the postponement sent to the customer, services providers and the contract is therefore suspended until the date planned and payments are kept
A negotiation is engaged with the customer if the postponement does not fit the client and upon its notification by mail, email.
If the postponement is not possible (cancellation), the contract is terminated, which means that it is cancelled with retroactive effect.
If services have already been realized or provided or if the realization of the commercial proposal has caused operating expenses, the company may keep a part of the payment received.
In the case of, in the event of force majeure, an event should be cancelled, proposals shall be cancelled and payments received reimbursed after deduction of the amounts committed.
In case of cancellation by the customer, whatever the reason, the latter will not be able to claim the deferral of the benefits on another date and will be liable for the following amounts as compensation for termination of contract, less the deposit already paid, which will remain acquired from Farvest:
in case of cancellation up to thirty days inclusive before the first day of the ordered services: 50% of the total price including taxes mentioned in the estimate
in case of cancellation from 29th day inclusively to 8th day inclusively before the first day of the ordered services: 75% of the total price including taxes mentioned in the estimate
cancellation case from the 7th day inclusive before the first day of the ordered services: 100% of the total price including taxes mentioned in the estimate.
Specific cancellation allowances, not included in the above allowances, may also be included in the quotation to meet the requirements of certain service providers.
5- Invoicing and payment terms
It will always be issued an invoice according to commercial proposals signed and validated by the customer.
All Farvest invoices are to be paid by the customer, in accordance with the indications mentioned on the invoice.
6- Late payment
All invoices must be paid within the deadlines provided in the commercial proposal or purchase order signed by the customer. In the event of non-payment of an invoice, on its due date, Farvest may claim default interest in accordance with the legal interest rate.
7- Data protection – under the General Data Protection Regulation (GDPR)
Farvest Sàrl acknowledges and undertakes to process the data provided by the Customer in accordance with the law of 01 August 2018 on the organisation of the National Commission for Data Protection and implementation of Regulation (EU)2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR).
In accordance with the regulations in force, the customer has a right of access, interrogation, modification, rectification, deletion and opposition for legitimate reasons to the processing and dissemination of your personal data. Farvest Sàrl implements appropriate measures to preserve the security and confidentiality of your personal data and, in particular, to prevent them from being distorted, damaged, or accessed by unauthorized third parties.
8- Applicable law and competent court
In the event of a dispute or disagreement, the applicable law is Luxembourg law and only the court of the arrondissement of Luxembourg is competent for the procedures.
9- Information notes regarding the processing of personal data
FARVEST, as the data controller, informs you through this note of the processing of your personal data in accordance with Art. 13 of EU Regulation 2016/679 on the protection of personal data.
Purpose of the processing
FARVEST processes the personal data that you provide at the time of registration on our various information sites and on the occasion of our events and demonstrations that we organize on our behalf or that of a customer.
FARVEST processes your personal data in accordance with the applicable laws and regulations governing the protection of personal data, in particular from 25 May 2018, Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
These processing operations also concern related activities that take place during our events, your interaction with our Internet and mobile applications (subscription to websites/applications and online initiatives such as newsletters, mailing lists, events, contests and promotions) and the provision, on request, of additional information.
When you provide your personal data, you agree to provide us with accurate, complete and up-to-date information.
- a) Purpose for the management of personal data
FARVEST specifically processes your personal data for the following purposes: to allow registration for an event and to offer authenticated access to our sites, to respond to your requests for information, to provide the services and any assistance requested, including the processing necessary to manage your electronic subscription to newsletters.
When the forms on our sites contain mandatory fields in which you must provide your data, FARVEST processes them to respond to your requests and for the purposes of FARVEST’s legitimate interests which consist in identifying the people who contact us and, in this way, ensure the management and follow-up of their various requests. It is necessary to provide this personal data for these purposes and a possible refusal would prevent FARVEST from carrying out the activities indicated, for example responding to your requests to register for an event.
When you provide your personal data via the forms provided for this purpose for example on our sites to subscribe to a newsletter, or contact us, or register for an event or training, etc … FARVEST considers that you consent to the processing of personal data that you submit following the use of these forms, for example when you communicate with FARVEST by e-mail following a contact request initiated from one of our sites, communication supports.
When you subscribe to a newsletter, FARVEST integrates your personal data into a software tool that is made available to us (Sendinblue/Salesforce). We use this software tools to generate and send you communications (e- mail) in relation to the interests that you marked when you subscribed to the newsletter.
(b) Other purposes
With your consent, which is optional, FARVEST uses your personal data for marketing purposes, i.e. to send you promotional emailings about events, commercial or advertising communications, for direct sales or to assess the degree of satisfaction.
Marketing activities are carried out by email, telephone, SMS, MMS, chat, banners on our sites, instant messaging, social networks and traditional mail, including sending invitations to events in which FARVEST participates or are organized by FARVEST or by FARVEST’s business partners.
With your consent, which is optional, FARVEST uses your personal data for profiling activities through the collection of information related to your preferences, information about your interaction with FARVEST, for the creation of group and individual profiles and, if you have given permission for marketing activities, also for sending communications and personalized promotional offers.
Providing your personal data for the marketing and profiling purposes indicated above is optional and a possible refusal will have no consequences on the possibility of purchasing FARVEST’s products and receiving the information,
We may also send you market research surveys for non-commercial, absolutely non-mandatory purposes if you wish to help us evaluate and improve the quality of our customer service. We collect data about your survey responses (both service survey and product survey).
Methods and legal bases of processing
FARVEST processes your personal data with and without the help of electronic tools, on the basis of logics and procedures compatible with the purposes indicated above and in compliance with the Regulation, including privacy and security profiles.
In accordance with the Regulation, personal data about you acquired on a case-by-case basis is used to update and correct previously collected information.
We process your personal data on the basis of your consent, a legitimate interest of FARVEST for the exercise of commercial activities, obligations arising from a contract between you and FARVEST or legal obligations.
In any case, you have the right to revoke the consent given at any time, but this revocation does not affect the lawfulness of previous processing operations.
Recipients of your personal data
Personal data are accessible to duly authorized personnel on the basis of necessity criteria and are communicated to other external entities in the following cases: (i) when the communication is required by applicable laws and regulations with respect to legitimate third parties receiving communications, such as public authorities and bodies for the respective institutional purposes; (ii) where the communication is necessary to perform a contract or pre-contractual activities activated by your request, for example the communication of your data to one of our business partners to enable them to provide you with the requested information, products or services; (iii) where disclosure to third parties is necessary for extraordinary transactions (e.g. mergers, acquisitions, business transfers, etc.).Your personal data is also shared with our service providers, for example for services of a technical and organizational nature that are functional for the purposes indicated above as independent collaborators, also in an associated form, shipping companies, marketing, payment management. We only provide these entities with the data necessary for the performance of the agreed services and they act as Data Controllers, based on the instructions received by FARVEST.
Retention of personal data
Your personal data is stored by FARVEST to achieve the purposes for which it was collected. The laws impose obligations to store documents for accounting and administrative purposes.
The data stored by our sites/apps will be deleted at your request.
Data Controller and Data Protection Officer
The Data Controller is FARVEST S.A.R.L., at 3 Rue Marcel Fischbach L-1547 Luxembourg Kirchberg. The Data Protection Officer is domiciled at the head office and available at the following email address: firstname.lastname@example.org.
You can contact FARVEST as the Data Controller or the Data Protection Officer at the above contacts for rectification, disposal, request data portability or restriction of processing.
In addition, you may, at any time, object to the processing of your personal data, processed for direct marketing purposes and, if required by a particular situation, you may object to the processing of your personal data processed on the basis of farvest’s legitimate interest unless the existence of legitimate reasons by FARVEST to continue the processing (example: the exercise or defense of a right in court) is not demonstrated.