GENERAL TERMS AND CONDITIONS OF SALE

CDM GROUP - Société par actions simplifiée (simplified joint stock company) whose registered office is located at 20, rue du Transvaal, 75020, Paris, FRANCE

Registered with the RCS of Paris under n°511 147 555) is a service and events company.

The services include the following: purchase, negotiation and resale of all goods and services directly or indirectly related to the leisure, sport and culture sectors to individuals or legal entities in France and abroad, in particular the sale of packages.

These general terms and conditions of sale govern the sales of CDMGROUP packages. The sales of sports and cultural packages referred to herein are subject to French law. In the event of a dispute, the French courts shall have sole jurisdiction.

Preamble

The present general terms and conditions of sale are systematically brought to the attention of each purchaser to enable them to place an order. Consequently, the fact of placing an order implies the buyer's full and unreserved acceptance of these general conditions of sale.

The customer expressly acknowledges having read and accepted these special conditions of sale relating to the sale of sports and cultural packs. For any information or question, our Customer Service is at your disposal: Telephone: 01.43.58.18.33

The elements described in the preamble are an integral part of the general terms of sale.

The representatives of CDM GROUP undertake to transmit to their clients all the elements of precontractual information contained and transmitted by CDM GROUP, including the present conditions in their entirety. The present conditions and information are up to date at the time of transmission.

The sales of sports and cultural packs referred to herein are subject to French law. In the event of a dispute, the French courts shall have exclusive jurisdiction.

1. Application and enforceability of the general conditions of sale

The present general terms and conditions of sale are systematically brought to the attention of the Customer at the time of placing an order. Consequently, the fact of placing an order implies the Customer's full and unreserved acceptance of these general conditions of sale to the exclusion of any other document, such as a prospectus or catalogue issued by CDM GROUP, which are only indicative. Any condition to the contrary imposed by the Customer shall therefore, in the absence of express acceptance, be unenforceable against CDM GROUP, regardless of the time at which it may have been brought to its attention.

The customer declares that he/she has read, understood and accepted the present Conditions. He also declares that he is legally capable of giving his consent to these Conditions and that he intends to comply with them fully, consciously and without restriction. If he/she is a minor or incapable, he/she declares that he/she has the authorisation of a person with parental authority, a guardian or a curator. The fact that CDM GROUP does not avail itself at a given moment of any of the present general conditions of sale, cannot be interpreted as a renunciation to avail itself later of any of the said conditions.

CDM GROUP reserves the right to modify without notice the present general conditions as well as any associated element. The new clauses will be applicable even retroactively for all relations between CDM GROUP and its customers.

2. Purpose

The purpose of these conditions is to define the terms and conditions under which the Customer benefits from the Services. All the rules published elsewhere on the Site form an integral part of these General Conditions, which the Client undertakes to respect. These conditions form the contract (hereinafter referred to as the Contract).

3. Obligations of the parties

Obligations and rights of the Client:

It is expressly agreed between the parties that the Company is subject to an obligation of means under these Terms and Conditions.

Obligations et droits du Client 
Ordre public : Le Client s’engage à respecter la législation et réglementation dans sa globalité relative aux données personnelles et notamment la loi du 6 janvier 1978, la Directive 95/46 du 24 octobre 1995 et de toute loi à venir notamment celle découlant du projet de transposition de la directive présenté au conseil des ministres le 18/07/01.

Public order: The Client undertakes to comply with all legislation and regulations relating to personal data and in particular the law of 6 January 1978, Directive 95/46 of 24 October 1995 and any future law, in particular that resulting from the draft transposition of the directive presented to the Council of Ministers on 18/07/01.

Legal identification obligations: information to be communicated to the Company - The Client, if it is a legal entity, undertakes to communicate to the Company, in application of the provisions of article 43.9 of the amended law of 30/09/1986, the following information, under penalty of not being able to benefit from the Services: name or company name, registered office, name of the signatory, address, telephone number, etc. Guarantee: The Client guarantees the Company against any action that may be brought against it by a third party for any reason whatsoever and in particular because of the contractual link between the Client and the Company. The Client undertakes to act with diligence to resolve the subject matter of the claim in such a way that the Company is not concerned. The Client undertakes to compensate the Company for any sentence that may be pronounced against it by a court decision, on the merits or before the law, even if not yet final, including the costs referred to in Articles 699 and 700 of the New Civil Procedure Code actually incurred by the Company.

4. Ordering

The information provided by the Client when placing an order is binding: in the event of an error in the wording of the Beneficiary's or the recipient's contact details, CDM GROUP shall not be held responsible for the impossibility of sending the elements necessary for the execution of the services to the right person or to the right address.

Orders are only definitive when they have been confirmed by the payment of the amount and after effective collection. Any definitive order automatically implies the free registration of the Client to the CDM GROUP newsletter. After dispatch of the elements constituting the service (and in particular show tickets and catering vouchers), any modification or cancellation of the order by the Client cannot be taken into consideration; the amount paid will not be refunded.

The service offers are valid within the limits of available seats.

5. Delivery

The elements constituting the service (show tickets, catering vouchers and more generally any product or document related to the execution of the service) are sent between the date of order and payment and, at the latest, the day before the date of the event.

Exceeding the delivery time for these elements shall not give rise to any damages or interest. Delivery is made by registered mail with insurance.

The delivery of the items is the sole responsibility of the postal services. CDM GROUP reserves the right to call upon any other service provider to ensure the delivery of the elements constituting the service.

As delivery is the sole responsibility of the service providers in charge of it (La Poste, Chronopost, UPS, DHL, TNT, FedEx, and more generally any service provider in charge of delivery), the Customer waives any recourse against CDM for CGV - CDM GROUP – January 2022 CDM GROUP Tel : +331.4358 1833 - E-mail : office@cdmgroup.com - Adresse : 20, rue du Transvaal - 75020 Paris - France disputes relating to the execution of the delivery.

War, riots, fire, strikes, accidents and natural disasters are also considered as cases of force majeure that relieve CDM GROUP of its obligation to dispatch. CDM GROUP shall keep the Customer informed in good time of the cases or events listed above. In any event, dispatch within the deadlines can only take place if the Customer is up to date with its obligations towards CDM.

6. Complaints

Complaints concerning the consumption of services must be formulated at the latest within 48 hours following the effective consumption of services. These detailed complaints must be made in writing by registered mail addressed to CDM GROUP.

7. Prices

The prices invoiced are those established on the day of the order on the basis of the economic conditions in force. Unless expressly mentioned in the prior offer, they include shipping costs.

These prices include all taxes, at the rate applicable at the time they are due. Important: ticket prices may vary and differ from their face value.

8. Payment

Unless otherwise agreed, the Company requires payment in full for the service at the time of ordering. Regardless of the method of payment agreed between the parties, payment will only be deemed to have been made once the price has been effectively collected.

9. Force majeure

Any delay in the execution of the service due to circumstances beyond the control of CDM GROUP may not lead to the cancellation of the order. CDM GROUP cannot be held responsible for any prejudice resulting from this delay.

The following events in particular are considered as exonerating: - disasters of atmospheric origin such as frost, snow or exceptionally heavy rainfall, - thaw barriers, - fire, flooding or explosion for any reason whatsoever, - strikes or stoppages that may affect either party or the service providers involved in one of the stages of the service.

And more widely those usually retained by the jurisprudence of the French courts and tribunals. If the cases of force majeure last for more than three months, this Contract shall be terminated automatically, unless otherwise agreed between the parties. CDM shall inform the Customer in due course of the cases and events listed above.

10. Subcontracting

CDM GROUP reserves the right to subcontract all or part of this Contract to any company of its choice. In the event of subcontracting all or part of the service by CDM GROUP, the Client waives all recourse against CDM GROUP for the subcontracted services. Only the subcontractor may then be called into question by the Client. The Client shall exercise its recourse against the subcontractor designated or not by CDM GROUP and may not blame CDM GROUP for the use of subcontracting.

11. Withdrawal

In accordance with article L. 121-20-4 - 2° of the Consumer Code, the right of withdrawal is not applicable to services provided by CDM.

12. Cancellation, refund, use

A ticket for a performance cannot be reimbursed, even in the event of loss or theft, nor can it be taken back or exchanged, except in the event of the cancellation of a performance and the decision by the organiser to reimburse the tickets.

A ticket may not be resold.

No duplicate ticket can be issued, even in the event of loss or theft.

In the event of the cancellation or modification of the date, time or place of a show for which you have reserved tickets, you accept that CDM GROUP may, insofar as possible, use the contact details that you entered at the time of reservation to keep you informed of the procedure to follow. In any case, we invite you to check 24 hours before your show that it is being held without modification, by telephone on 01.43.58.18.33

In the event of cancellation of the show by the organiser, or due to an external event imposed on CDM GROUP, the following conditions apply

  • - either the Client accepts the proposed postponement of the date or event,
  • - or the Client accepts the establishment of a credit note valid for 18 months.

In the event of cancellation by the Client, the sums paid to CDM GROUP shall not be reimbursed. The Customer has the possibility of subscribing at the time of his order to an insurance covering him in the event of cancellation of his fault. This insurance is taken out with a third party company and any claim relating to the insurance must be addressed to the company in question. The Client shall refrain from calling into question the responsibility of CDM GROUP for any dispute that may arise from the execution or subscription of this insurance contract.

Clients are subject to the regulations of the sites where the events take place. In the event of noncompliance on the part of the clients, CDM Group disengages itself from all responsibilities. A valid identity document may be required at certain events.

13. Liability

Responsibility of the Company : CDMGROUP is only bound by an obligation of means with regard to the continuity of its services.

CDMGROUP is not subject to any obligation of result, in particular and without this list being restrictive, cannot be held responsible:

  • - for any damage due to a case of force majeure, a fortuitous event or the act of a third party;
  • - in the event of breakdown, technical problem, linked in particular to computer programmes, hardware or software or to the Internet network.

CDM GROUP cannot be considered responsible for direct or indirect damage caused by the loss of data, by fraudulent behaviour, by computer hacking, by the transmission or accidental diffusion of viruses or other harmful elements, by the attitude or behaviour of third parties or users. The user releases CDM GROUP, its employees and its managers from any liability for any prejudice resulting from the use of the site or associated services, whatever the actual or alleged cause of the prejudice.

Without limiting the scope of the other provisions of these General Conditions, the responsibility of CDM GROUP, if it were to be engaged, whatever the form of the action or the cause, could not exceed the sum paid by the User to CDMGROUP.

Limitation: In the event that the Company's liability is brought into play, the damages and interest owed by the Company to the Client may not exceed, for all causes combined, to the full extent permitted by the applicable regulations, the sums paid by the Client under the Contract.

Exclusion: The Client is solely responsible for the choice of the service and its suitability for its needs, and the Company assumes no liability in this respect. The Client acknowledges that he/she has ordered the service in the quality and for the purpose for which it is intended. The Company shall not be held liable for any direct or indirect loss suffered by the Client under this Contract (such as loss of turnover, data, operations, brand image, etc.).

Client's liability: In the event of the Client's liability being invoked, the damages and interest owed by the Client to the Company shall be equal to the direct or indirect loss suffered by the latter. In any event, the termination of the contract due to the Client's failure to fulfil one of its obligations shall not entitle the Client to a refund of the sums already received by the Company. The Client also acknowledges that no credit note or other compensation may be requested from the Company.

14. Personal data

In accordance with the law, the Client may at any time access the personal information concerning him/her and request their modification or deletion from CDM GROUP.

CDM GROUP only transmits Users' personal data in the cases necessary for the operation of the service and with their agreement. However, and without the User's details being transmitted, the Company may send Users commercial offers from itself or from third parties. Each User may object to this by modifying their preferences with CDM GROUP.

The User authorises CDM GROUP to keep and archive in a confidential manner the information concerning him/her for a period which may not exceed the period of prescription of common law civil actions (Article 2262 of the Civil Code).

CDM GROUP reserves the possibility of communicating to third parties any necessary information if this is reasonably useful to comply with the laws or regulations in force, on any judicial or administrative requisition, police or gendarmerie. CDM GROUP also reserves this possibility to protect itself, its users or any third party.

15. Applicable texts and attribution of competence

These General Conditions and more generally all relations between CDM GROUP and Users are governed exclusively by French law, regardless of the User's usual place of residence and even in the event of conflict of laws.

In the event of one of the provisions being considered illegal by a competent authority, the said provision shall simply be deemed unwritten, all other provisions retaining their binding force between the parties. Any dispute will be under the exclusive jurisdiction of the Courts.

16 - Internal regulations of each site

CDM GROUP only acts as an intermediary for the Organisers. Consequently, the present special conditions of sale only concern the sales services of the package and not the event itself.

It is specified that certain activities offered may be subject to internal regulations specific to the Organiser or the site concerned and available from the said site concerned.

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