Payment conditions: Please note that the reservation of your booth will only be confirmed once Gender receives payment of 40% of the invoice for the show. The remaining 60% balance of the invoice must be paid before the deadline indicated above, otherwise Gender is entitled to apply late-payment penalties. Your booth will only be confirmed when we will have received 100% of your payment. Gender cannot guarantee the reservation of any booth until the invoice has been fully paid. Refunds will not be given for any cancellation made less than 30 days before the opening of a show.
This document serves as a contract between Gender SARL and your company.
PREAMBLE
GENDER is a French limited liability company (Société à responsabilité limitée) with a capital of € 6,160, registered in Paris Commercial Register under number 752 077 016, located at 19, rue Notre Dame de Nazareth, 75003 Paris, France. GENDER organizes fashion fairs, allowing individuals or companies creating and/or selling brands of ready-to-wear and fashion accessories to display their goods to the press and to buyers acting on behalf of retailers.
GENDER chooses to select for its fashion fair only trendy brands rarely sold in the mass market retailing channels.
Exhibitor owns or is duly authorized to sell one or several brands on certain territories and apply to exhibit its branded goods during the fashion fair organized by GENDER.
Moreover, GENDER begins to operate a fashion fair on line, on the website manwomanshows.flywheelstaging.com (hereafter “the Website”) by providing to Exhibitor pages on the Website so that Exhibitor can display its Goods online (hereafter the “Dedicated Page”), released exclusively for professional of the fashion industry (buyers, press, other brands) who have completed their registration on the Website and got a login name and a password (hereafter the “User(s)”). Exhibitor will be able to manage their Dedicated Page through an exclusive interface (hereafter the “Dashboard”).
This document will be referred hereinafter as "the General Terms and Conditions". General Terms and Condition are intended to define and govern the existing and prospective relations between GENDER and Exhibitor within (i) the fashion fair and (ii) the supplying of the Dedicated Page.
Exhibitor’s participation at the fashion fair and the supplying of the Dedicated Page imply Exhibitor's commitment to the General Terms and Conditions and the waiver of its own general terms and conditions of purchase.
If GENDER does not prevail at the time of any provision of these General Terms and Conditions, this fact shall not be construed as a waiver to take advantage of any of those General Terms and Conditions later.
ARTICLE 1- DEFINITIONS
Venue: the location of the fashion fair in which Exhibitor has its Booth
Dedicated Page: part of the Website exclusively released for Exhibitor so that he can show the spirit of its brand(s) and exhibit its Goods, exclusively to the Users
Exhibitor: the Party that accepted the Sales Pack.
Price: the price paid by Exhibitor in return for the provision of its Booth, its related Services and a Dedicated Page.
Party(ies): GENDER and / or Exhibitor, together or separately.
Service(s): the provision to Exhibitor of (i) the Booth, furniture (tables and chairs), an access to electricity, a WIFI connection and lighting for the duration of the Fashion Fair set in the Sales Pack and (ii) the Dedicated Page for the Contractual Duration.
Goods: the products Exhibitor will display at its Booth during the Fashion Fair and/or on its Dedicated Page.
Sales Pack: the document consisting of Exhibitor participation conditions in the Fashion Fair, specifying which Fashion Fair Exhibitor intends to participate, the dates on which the Fashion Fair will take place, the type of Booth the Exhibitor wishes to occupy, Exhibitor registration form, GENDER bank details (the "Special Conditions") and these General Terms and Conditions.
Fashion Fair: the fashion fair organized by GENDER at the place and dates indicated in the Sales Pack.
Booth: the space booked by Exhibitor at the Venue with furniture provided with the category of Booth booked by Exhibitor.
Dashboard: the part of the Website dedicated exclusively to the Exhibitor with its login name and its password
Users: actors of the fashion industry (buyers, press, brand owners, retailers) who completed their registration on the Website and got a login name and a password, in order to have access to Dedicated Pages.
ARTICLE 2. ORGANIZATION
2.1. Organization and operation of the Fashion Fair
GENDER is the tenant of the Venue rented to a third party, in which GENDER organizes the Fashion Fair for the periods set in the Sales Pack.
Based on technical, administrative, sanitary or policy constraints imposed by circumstances for the organization of the Fashion Fair, GENDER reserves at any time the possibility to change the dates of the Fashion Fair, the number of booths, to modify the Venue or arrangement or to move the Fashion Fair to any other venue that would impose these circumstances. It is specifically agreed between the Parties that these changes can in no way grant Exhibitor a right to terminate the Sales Pack or to claim for compensation.
2.2 Organization and operation of the Website and the Dedicated Page
GENDER is the Website publisher and hosts a Dedicated Page operated by Exhibitor with software tools supplied through its Dashboard. GENDER is allowed to add or remove some of the tools from the Dashboard.
Exhibitor can access its Dashboard with a login name and a password that it commits not to disclose.
ARTICLE 3. ADMISSION
3.1 The approval of the account of Exhibitor that will allow its participation to the Fashion Fair and the use of the Dedicated Page is given to individuals and entities whose activities are part of the Fashion Fair.
3.2 GENDER decides alone and ultimately the admission of individuals or entities and the admission of objects and / or Goods exhibited during the Fashion Fair or on the Dedicated Page. GENDER may refuse without justification admission or registration request.
ARTICLE 4. ACCEPTANCE AND DURATION OF THE GENERAL TERMS AND CONDITIONS
4.1. Creation of a personal account and signing of the Sales Pack
Exhibitor may fulfil the registration forms of the Website and make a digital signing of the Sales Pack.
Information from the registration forms marked with an asterisk must be completed. Otherwise, the creation of the personal account of Exhibitor cannot be made.
It is hereby specified that for its registration, Exhibitor shall only provide true, current, accurate and truthful information. Shall Exhibitor spontaneously update any change in its information. Exhibitor should notify GENDER of these changes as soon as possible. If part or more of the information are false, untrue, inaccurate, not current or incomplete, GENDER is entitled to terminate the General Terms and Condition and/or the Sales Pack in accordance with the provisions of section 13 hereunder.
When the Sales Pack is accepted and signed by Exhibitor, GENDER will send an email to confirm that Exhibitor’s registration is in progress and to inform Exhibitor on the remaining action requested (including the advance payment) for the final validation the signing of the Sales Pack by GENDER.
When the Sales Pack is completed by Exhibitor, it implies that Exhibitor expressly agrees on the General Terms and Conditions, that he acknowledges having read and accepted them in full, and accepted the instruction (such as technical notice) set in the Sales Pack.
Exhibitor commits to respect the legal and regulatory provisions from the Country where the Fashion Fair takes place.
The booking of the Booth, the supplying of the Dedicated Page and the access to the Dashboard will be accessible and operating from the Exhibitor account after it’s activated by GENDER.
As soon as GENDER will receive the payment of the advance payment, the Exhibitor account will be activated and Exhibitor will receive a file with the full Sales Pack.
Exhibitor will only be allowed to operate in the Fashion Fair and to use its Booth if the full Price is paid, at least 30 days before the opening of the Fashion Fair.
4.2 Duration of the General Terms and Conditions
The General Terms and Conditions have a duration of one (1) year from the acceptance of the General Terms and Conditions (hereafter the “Contractual Duration”).
The General Terms and Conditions will automatically be terminated at the end of the Contractual Duration, with the exception of articles 6.1, 9, 10, 11 and 14 which will remain effective as long as the Dedicated Page of Exhibitor will remain on-line.
After the Contractual Duration, Exhibitor will have a limited access to its Dashboard and its Dedicated Page until GENDER or Exhibitor decides to remove the Dedicated Page from the Website.
GENDER is allowed to delete the Content hosted on the Dedicated Page after the termination of the Sales Pack and/or the General Terms and Conditions.
If Exhibitor enter into a new Sales Pack during the Contractual Duration in consideration with its participation at another Fashion Fair, the provisions of these previous General Terms and Conditions in relation to the supplying and the operation of the Dedicated Page will remain effective until the end of the Contractual Duration. The provision in relation to the supplying and the operation of the Dedicated Page included in the version of the new General Terms and Conditions will be not applicable between the Parties during the Contractual Duration.
ARTICLE 5. ALLOCATION, USE AND COMPOSITION OF STANDS
5.1. Allocation of Booth
GENDER decides of the location of Exhibitor in the Venue according to the booked type of Booth (Extra Small, Small, Medium, Large, Extra Large or Agency Stand).
Exhibitor expressly acknowledges that GENDER is solely empowered to determine the location of the Booth in the Venue.
The fact that Exhibitor does not occupy the entire Booth which has been allocated to it cannot, in any case, justify a reduction in the Price corresponding to the Booth.
GENDER, depending on the needs of the Fashion Fair, reserves the right to change the number of Stands at any time, and to modify its scope or its layout.
It is expressly agreed by the Parties that these changes shall not grant Exhibitor a reason to terminate the Sales Pack nor a right to claim for any kind of compensation.
5.2. Use of the Booth
5.2.1. Exhibitor will comply with all instructions issued by GENDER (Information regarding assembly and disassembly of Booths, oral instructions given by GENDER team, written notes displayed in the Venue).
Any change of the guidelines set forth by GENDER should be authorized in written by GENDER.
The arrangement of the Booth may in no case exceed the volume of the allocated space.
Decorative elements and advertising elements of Exhibitor may not infringe or occupy space outside its Booth. Exhibitor shall not store anything outside its Booth during the Fashion Fair opening hours and agrees not to obstruct traffic in the Venue.
5.2.2. Installing and removing of the Booth
The Sales Pack defines dates and time for Exhibitor’s Booth installation and dismantling.
Exhibitor undertakes to scrupulously respect these time periods, provided that any setup of Exhibitor after the beginning of the Fashion Fair and any repacking made before the end of the Fashion Fair might be forbidden by GENDER. Exhibitor is aware that non-compliance with the time delay for setup and repacking indicated in the Sales Pack can disturb the Fashion Fair.
5.2.3. Safety requirements
GENDER entrusted a specialized company with setup and dismantling of the Booth and completion of the electrical installation in the Venue. Exhibitor must ensure that its own facilities comply with technical standards of safety and fire prevention.
5.2.4. Equipment standards
Exhibitor must comply in any situation with all the regulations, guidelines and instructions issued by GENDER for equipment and use of the Booth.
5.2.5. Occupancy of the Booth
Exhibitor shall permanently occupy its Booth and ensure a continuous presence of its staff during the Fashion Fair opening hours. Exhibitor shall be solely responsible for its Booth, its exposed goods and personal effects of its employees and customers during the Fashion Fair opening hours.
5.2.6. Activity on the Booth
Retail sales are prohibited during the Fashion Fair.
Exhibitor may only take customers’ orders and sales must exclusively take place at its Booth.
5.2.7. Advertising on the Booth
Exhibitor shall not exhibit or distribute advertisements which do not concern its Goods or Brand.
Exhibitor has no right to distribute its advertising or its POS materials outside of its Booth.
Exhibitor acknowledges that GENDER may request to withdraw some of its ads if GENDER considers that they are not in relation to Exhibitor's Goods or Brand.
5.2.8. Conduct of Exhibitor and its employees
Exhibitor is responsible for the conduct of its employees in the Venue. Exhibitor undertakes not to unsettle, endanger or disturb other exhibitors or visitors of the Fashion Fair. Exhibitor is not allowed to stream music, to make noise or use too powerful lighting. If the conduct of Exhibitor or its employees deemed incompatible with the running of Fashion Fair, Exhibitor acknowledges that GENDER is entitled to exclude Exhibitor from the Venue and deny him access to his Booth during the Fashion Fair without any claims of reimbusment of Price.
5.2.9. Conditions of the presence of Exhibitor at the Booth
Only employees, representatives and agents of the Exhibitor aged over 18 and bound to Exhibitor with a contract that complies with legal requirements (agent contract, employment contract) may be present at the Booth. Exhibitor acknowledges that GENDER is entitled to limit, at its sole discretion, the number of people present on the Booth.
5.2.10. If the Booth prepaid by Exhibitor is not occupied at the latest by the time the Fashion Fair is opened to the public, GENDER has the right to use the Booth at its own disposal without reimbursing or indemnifying Exhibitor.
5.2.11. Compliance by the Exhibitor with third party rights
Exhibitor undertakes not to promote, display or sell goods/items that may infringe intellectual property rights, personality rights or image rights of any third parties and shall protect GENDER against any claims that may be done about it.
Exhibitor is informed that in case of request for access to the Venue made by a duly authorized authority, GENDER shall be obliged to cooperate and respond to the injunctions of the authority. Exhibitor will not have the right to blame GENDER for that.
5.3. Composition of the Booths
5.3.1. Services provided with Booth
There are 5 types of Booths: Extra Small, Small, Medium, Large and Extra Large.
Each Booth including furniture is described in the Sales Pack.
Besides the space reserved for Exhibitor and the corresponding furniture, exhibitors can benefit from free Wi-Fi in the Venue, ambient lighting and access to electricity.
5.3.2. Optional services
At the written request of Exhibitor, GENDER can provide mirrors, hangers and mannequins (Optional services).
Exhibitor must order the optional services at the latest one week before the start of the Fashion Fair.
GENDER may charge for optional services when their availability has been confirmed to Exhibitor. Invoices issued for optional services must be paid by Exhibitor upon receipt and no later than the first day of the Fashion Fair.
If the payment of the optional services is not made in accordance with the previous paragraph, GENDER should be entitled to refuse to supply the Optional services et claim the payment of the invoice for those services, including judicially.
ARTICLE 6. USE OF THE DEDICATED PAGE AND DASHBOARD
6.1. Supplying and use of the Dedicated Page
6.1.1. Access to the Dashboard
The activation of Exhibitor’s account as provided in article 4.1 here above will allow Exhibitor to manage and operate the Dedicated Page through the Dashboard and the software tools provided in it.
6.1.2. Contents
Exhibitor will use the Dashboard to arrange and customize its Dedicated Page, and to include all the elements in relation to the graphic universe of its brand and to expose its Goods and their description (hereafter “Content”).
GENDER provides Exhibitor certain tools in order to manage the brands presence online :
- To post a presentation and pictures to highlight its brand;
- To manually post pictures of its Goods, directly from the Dashboard, in order to promote and expose them to the Users (with description, and especially their size, weight, available colors, price, sales pitch, and this description which Exhibitor is in charge of, must comply with legal obligations in this regard);
Only Exhibitor will have the control of its Dedicated Page and will be acting and be considered as the publisher (éditeur) in consideration of the “Loi sur la Confiance dans l’Economie Numérique” n° 2004-575 dated in June 21st 2004.
Notwithstanding the foregoing, Exhibitor already authorizes GENDER to make any changes in the Dedicated Page, when such changes appear necessary in the interest of Exhibitor or GENDER. Exhibitor will be informed by email within forty-eight (48) hours after the change has been made by GENDER.
6.1.3. Personal use
Dedicated Page is intended for the exclusive personal use of Exhibitor that undertakes therefore not to allow any third party to use, in its place or on its behalf, login name and password needed to access its Dashboard. In case Exhibitor allows one or several third parties to use them, it will have to assume full responsibility for that.
Exhibitor shall also be responsible for maintaining the confidentiality of its login name and password for the use of the Dashboard. In case of breach of any provision of this section, GENDER is allowed to suspend or prevent access to Exhibitor's account at any time and without any notice, and is keeping its right to terminate the General Terms and Conditions in the conditions defined in section 13 hereunder. Exhibitor shall immediately inform GENDER by e-mail sent to the e-mail address provided in section 14 here-above, in case Exhibitor found that its account has been used without its consent. Exhibitor already allows GENDER to take all appropriate action in such cases.
6.2. Online publishing of the Dedicated Page and technical assist
Only GENDER can decide of the technical means permitting the on-line publishing of the Dedicated Page, of its location and of the material resources that will be used to make it available for Users.
6.3. Non-commercial use
Without prior written approval by GENDER, Exhibitor agrees not to monetize, sell, lease, exchange, and more generally negotiate some or all access to its Dashboard. In case of violation of this provision, GENDER shall have the right to suspend or close the Exhibitor's account at any time and without prior notice.
Notwithstanding the last paragraph of section 6.2 and section 6.3, GENDER may authorize a third party to access the Dashboard in a manner to be provided by GENDER when Exhibitor will request it to GENDER.
ARTICLE 7. FINANCIAL CONDITIONS, PAYMENT SCHEDULE AND PENALTIES FOR DELAYS
7.1 Invoices issued by GENDER are in Euros only and must be paid by bank transfer to the bank account specified in the Sales Pack. Any bank transfer from a foreign account will be subject to additional invoicing of a lump sum of Thirty Euros before tax (30 € HT) per transaction.
7.2. The Price depends on the type of Booth chosen by Exhibitor. The Price corresponding to each Booth is specified in the Sales Pack.
7.3. By completing and signing the Sales Pack online, Exhibitor agrees to pay GENDER a deposit corresponding to 60% of the Price and the rest amount corresponding to the use of the Dedicated Page for the Contractual Duration as soon as the order of payment is sent to Exhibitor by GENDER to register the booking.
7.4. The balance of the Price must be paid by Exhibitor no later than 30 days before the 1st day of the Fashion Fair.
7.5. Access to the Dashboard and the Dedicated Space is granted for the Contractual Duration. Its cost for a Contractual Duration is 2.400 € HT. However, the first three months are free so that for the first Contractual Duration, the Price to get a Dashboard and a Dedicated Space available is € 1,800 plus taxes if applicable.
7.6 In the event of non-compliance with the payment schedule defined above, GENDER may, at its option:
- terminate the Sales Pack one week after sending an email and getting the payment requested;
- claim for the full payment of the Price corresponding to the Booth booked by Exhibitor.
ARTICLE 8. INSURANCE AND LABOUR LEGISLATION
8.1. Insurance
8.1.1 Insurance of GENDER.
GENDER takes out an insurance policy as the Fashion Fair event organizer as it assumes the running and animation.
This responsibility shall in no case be extended to damages caused by any third parties to Exhibitor and visitors of the Fashion Fair.
GENDER has no insurance for any operating loss suffered by Exhibitor and Exhibitor acknowledges that GENDER will assume no liability for such damages suffered by Exhibitor
8.1.2 Exhibitor insurance.
Exhibitor is liable for any damage caused to any third party, including GENDER, either by itself, by its Goods, by its staff or by any person who Exhibitor empowers to act on its behalf. Exhibitor must contract a decent insurance policy to cover any damages caused during its participation in the Fashion Fair. Exhibitor must also contract an insurance policy to protect its equipment, rented or owned furniture or installation against the following events:
Fire, explosion
Water Damage
Bris
Electrical damage
Theft, vandalism
And shall justify it in written in first written request to GENDER.
Exhibitor acknowledges that he is informed that it uses Goods, equipment, furniture and Booth at its own risk. GENDER recommends Exhibitor to never be away from its personal belongings (computers, mobile phones, tablets, bags, purses etc.) without supervision. This recommendation applies to installation and dismantling time and also during the Fashion Fair, including outside Fashion Fair hours. GENDER is discharged from all liability for theft.
8.2 Labour legislation.
Exhibitor employees at the Booth must be bound to Exhibitor with a contract. The contract shall comply with any labor and insurance law requirements.
ARTICLE 9. RESPONSIBILITY AND GUARANTEES OF THE EXHIBITOR
9.1. Exhibitor responsibility
The Exhibitor is solely responsible for the Contents and Goods presented on its Dedicated Page or at its Booth.
Exhibitor is also solely responsible for the editorial line of the Dedicated Page.
9.2. Exhibitor warranty
Exhibitor warrantees GENDER against any complaint, claim or action from third parties in relation to:
-its professional activity and the regulations applicable to this activity, in particular regarding advertising;
-its Dedicated Page, its Contents or its Goods displayed at its Booth or on its Dedicated Page, of any kind and in any form whatsoever (visual, editorial and graphic content, brands, products, etc.), which remain under the Exhibitor's sole and entire responsibility, in particular with regard to respect for intellectual property rights, personal rights or, without this list being exhaustive, consumer law and the regulations applicable to the said Goods; Exhibitor undertakes to take all appropriate measures to request from any interested third party the authorizations needed. Exhibitor guarantees to GENDER that its Booth, its Dedicated Page, its Contents or its Goods are not illegal, illicit or contrary to public order or to accepted principles of morality;
- in general, any fact for which Exhibitor would be responsible towards third parties.
Exhibitor agrees, in the event that GENDER is the recipient of such a complaint, to deal with it without delay as soon as GENDER has informed it and to provide any solution. The Exhibitor undertakes to indemnify GENDER for all judgments, costs and, in general, for all costs which GENDER should incur in defending itself or for which it should bear the burden, in particular by court decision.
ARTICLE 10. GENDER'S RESPONSIBILITY
The services supplied by GENDER in accordance with the Sales Pack are provided to Exhibitor within an obligation of means.
The Dashboard and Dedicated Page are supplied to Exhibitor without any warranty of any kind, express or implied. GENDER does not in particular guarantee to Exhibitor:
- that the Dashboard and the Dedicated Page, subject to constant research to improve its performance and progress in particular, will be completely free from errors, vices or defects;
- that the Dashboard and the Dedicated Page will specifically respond to the Exhibitor's needs and expectations, the latter being standard and in no way offered to Exhibitor according to its personal constraints;
- that the Dashboard and the Dedicated Page will operate in an uninterrupted manner, GENDER reserves the right to temporarily interrupt access to the Website and / or the Dashboard and / or the Dedicated Page for reasons of maintenance and which cannot in no case be held responsible for disruptions or failures of the internet network.
- that GENDER does not guarantee the functioning of the Dashboard and the Dedicated Page with the following browsers:
o Internet Explorer 10 earlier and included
o FireFox 9 previous and included
GENDER cannot in any event be liable to Exhibitor for the payment of any damages, of whatever kind, for all direct or indirect, material, financial or moral damages of which Exhibitor would claim in relation to the using the Dashboard and Dedicated Page. In the case Exhibitor’s damage was attributable to GENDER and GENDER was condemned by a court decision to compensate the latter notwithstanding this disclaimer, Exhibitor expressly acknowledges and accepts that GENDER’s liability cannot be higher than the amount Exhibitor paid to GENDER during the past six (6) months preceding the harmful event.
GENDER finally declines all responsibility towards Exhibitor for damages from which the latter could suffer during the duration of the Fashion Fair concerning its Goods and all objects belonging to it or belonging to its employees or representatives and in particular in the event of theft, in the event of fire or any other incident likely to occur during the Fashion Fair, Exhibitor operating its Booth at its own risk.
ARTICLE 11. INTELLECTUAL PROPERTY
11.1. Intellectual property rights on Goods and Contents
GENDER expressly recognizes and accepts that the Goods and Contents, as well as all the tangible and intangible rights attached to them, remain the full and entire property of Exhibitor.
11.2. Intellectual property rights on Website and software
The systems, software, structures, infrastructures, databases and content (texts, images, visuals, music, logos, brands, etc.) implemented by GENDER within the framework of the Website are its exclusive property and are protected by all intellectual property rights in all countries. Exhibitor waives the right to claim any ownership rights over these elements. All disassembly, discompilation, decryption, extraction, re-use, copies and more generally, all acts of reproduction, representation, dissemination and use of any of its elements, in whole or in part, without the authorization of GENDER, are strictly prohibited .
ARTICLE 12. TERMINATION OF SALES PACK AT EXHIBITOR'S INITIATIVE
12.1 If Exhibitor wishes to terminate the Sales Pack, Exhibitor must inform GENDER by email, along with a registered letter with return receipt.
12.2 In the case of a termination initiated by Exhibitor, the latter is not released from its contractual obligations. Exhibitor remains liable for all or part of the Price corresponding to the Booth chosen under the conditions below:
- No termination can be made less than 30 days before the 1st day of the Fashion Fair. If the balance has not been paid by Exhibitor, GENDER may require full payment, including by legal process.
- Any termination received by GENDER between the 59th and the 30th day preceding the beginning of the Fashion Fair exempts the Exhibitor from paying the balance due according to the Sales Pack. However, the advance payment of 60% of the Price paid by Exhibitor won’t be reimbursed by GENDER, Exhibitor waives from claiming reimbursement; Exhibitor may continue to use the Dedicated Page for the entire Contract Period
13. TERMINATION FOR A CAUSE
In the event of a breach of any of the provisions of the General Terms and Conditions or the laws and regulations applicable by Exhibitor, GENDER is entitled to terminate the Sales Pack at any time after sending a formal notice by email remained unsuccessful for a period of eight (8) days.
The termination of the Sales Pack will immediately result in Exhibitor's access to its Dashboard being blocked in the manner described above in section 4.2 and no refund shall be claimed by Exhibitor.
ARTICLE 14. PERSONAL DATA
Exhibitor acknowledges and accepts that the management of the Sales Pack involves the computer processing of personal data. GENDER undertakes, however, to protect the personal data specific to Exhibitor and to Users to which GENDER will have access for the purposes of the Sales Pack, these being treated with the strictest confidentiality and the caution required by any legal rules. Unless expressly requested by Exhibitor, the personal data collected will only be used for the purpose of operating the Fashion Fair and the Website and for the duration that is necessary. In accordance with the General Data Protection Regulation (GDPR) of May 23rd 2018, Exhibitor is informed of its right to obtain communication and, if necessary, rectification or deletion of its information, by sending its request to the following email address: contact@manwomanshows.flywheelstaging.com or by post to the following address: 19, rue Notre Dame de Nazareth, 75003 Paris.
ARTICLE 15. PROMOTING OF THE FASHION FAIR - OFFICIAL CATALOG - WEBSITE
15.1 GENDER undertakes to carry out promotional actions to ensure the notoriety of the Fashion Fair by the usual means. The presence of Exhibitor on the Website is mandatory, as well as the presence of the official catalog of the Fashion Fair if GENDER decides to publish it. GENDER decides the price of the entry ticket.
15.2 In the event that GENDER decides to release an official catalog for the Fashion Fair, Exhibitor acknowledges that it will be included in such a catalog.
15.3 Exhibitor expressly authorizes GENDER to reproduce its name and/or its logos and/or its brands and/or its Goods and/or its Contents on the Website, in advertising material relating to the Fashion Fair as well as on all the signage dedicated to the Fashion Fair.
15.4 GENDER declines all responsibility in the event of an error resulting from inaccuracies in the registration forms contained in the Sales Pack.
15.5 Exhibitor undertakes to supply, within the deadlines requested by GENDER, all the information necessary for the production of this catalog and the updating of the Website.
ARTICLE 16. FINAL PROVISIONS
16.1. GENDER reserves the right to modify or supplement the provisions of the General Terms and Conditions at any time with a prior information to Exhibitor.
16.2. All GENDER information, instructions and directives form an integral part of the General Terms and Conditions.
16.3. If the political, economic, sanitary and climatic circumstances, and / or cases of force majeure as defined by French case law, should prevent the Fashion Fair from taking place, restrict its importance or modify its organization, Exhibitor cannot claim any compensation or reimbursement of amounts due under the Sales Pack, which Exhibitor expressly and irrevocably agrees on.
16.4. The Parties are considered to be independent contractors in the application of the Sales Pack and neither Party may claim, as a result of the Sales Pack, in any way the status of agent, representative or employee of the other Party, nor commit the other Party to third parties.
16.5. If any of the stipulations of the Sales Pack is void or inapplicable, in whole or in part, with regard to a legal rule applicable in France, it is deemed unwritten but does not result in the nullity of the Sales Pack and / or General Terms and Conditions, all other stipulations remain valid and fully enforceable.
16.6. Assignment
The Sales Pack may not under any circumstances be the subject of a total or partial transfer, for consideration or free of charge, on the part of Exhibitor, without the express prior authorization of GENDER. The Sales Pack is concluded in consideration of the identity of Exhibitor and only the Exhibitor will be authorized to operate the Booth and the Dedicated Page.
16.7. Non-solicitation
Unless expressly authorized by GENDER, Exhibitor agrees and commits not to hire, directly or indirectly, an employee of GENDER, during the Contractual Duration as well as during a period of twelve (12) months from the end of the Contractual Duration.
16.8. Language of the Sales Pack
The language of the Sales Pack is French. In the event of a difference between the English version and the French version of the Sales Pack, the Parties expressly recognize that the provisions from the French version will apply as a priority.
16.9. Applicable law and competent court
The Sales Pack is governed by French law.
Any dispute relating to the interpretation, execution or termination of the Sales Pack will be the exclusive jurisdiction of the Commercial Court of Paris.
