Derendinger & CIE Sàrl - Ikou & EasyPhoto
These conditions apply fully and without reservation to any natural or legal person, hereinafter referred to as “Customer”, having placed an order with Derendinger & Cie Sàrl / Ikou / Easy Photo, hereinafter referred to as “Contractor”. They form an integral part of the contract concluded between the client and the provider.
Art. 1: Conclusion of the contract
The contract is concluded by the written and signed acceptance of the offer by the Service Provider (including an overview of the service and a tariff), provided that such acceptance (hereinafter: “order”) reaches the Contractor before the limit of Mentioned in the tender. Without a response from the Customer at the end of the validity date of the offer, it will be considered as null and the order not registered. However, the Contractor remains free, in its sole discretion, to accept a late order. Confirmation by email can also be done once, only the Provider remains free, in its sole discretion to accept the contract. Acceptance of the quotation and / or acceptance of the material confirms the acceptance of the general conditions in force.
Art. 2: Change of order
Any order arriving later than the closing date of the offer may be subject to a revision of the nature of the offer and the prices and will therefore be subject to a new acceptance by the Customer. Any additional order or modification of order must be the subject of a written request to the Provider. An additional order or modification of an order will only bind the Provider in case of its express acceptance. The Contractor reserves the right to provide any material equivalent to the material ordered and to provide the same service as the date, place and time.
Art. 3: Cancellation of order / Termination of contract
In the event of cancellation of an order or cancellation of the contract by the Client, the Customer must pay the following amounts:
3.1. On rental of audiovisual equipment, sound system, lighting, simultaneous interpretation and labor:
3.1.1. From 30 to 16 working days before the start of the event: 30% of the total amount of the order.
3.1.2. From 15 to 10 working days before the start of the event: 50% of the total amount of the order.
3.1.3. Less than 10 working days before the start of the event: 100% of the total amount of the order.
3.1.4. Any benefit begun is due in full.
3.2. On decoration: if a specific work is ordered and its partial or total construction is in progress, the total payment of the order is due to the Provider.
3.3 In case of partnership or special conditions, the conditions of cancellations will be specified on the offer.
Art.4: Rental of equipment
4.1. Duration of the hiring:
The rental takes effect on the dates and times indicated on the contract. The minimum rental period is one day. Any reduction in the period of rental or return of equipment before the due date does not in any case give right to tariff reduction.
4.2. Derendinger & Cie Sàrl / Ikou / Easy Photo Liability:
The rented equipment is tested before each rental by the service provider. Upon delivery, equipment and appliances leased and operated by the Service Provider’s technicians on behalf of the Customer are in perfect working order. In the event of a breakdown, the defective material will be immediately replaced by identical or equivalent equipment, payable by the Contractor.
4.3. Customer Liability:
From the time of delivery of the material to the agreed place, the Customer will be solely responsible for any loss, damage, breakage, theft of this material until it is returned to the contractor at the agreed place.
The Customer shall ensure the proper use of the rented appliances, in particular:
– follow manufacturer’s instructions, observe specific recommendations;
– ensure that the appliances are maintained in good condition (scratches on frames, falls, blows, cleanliness).
The Customer is not authorized to make any modifications or repairs to the devices. In the event of damage to an appliance due to misuse, or for any other reason, resulting in a repair in the workshop, the repair costs will be invoiced to the Customer. Similarly, any damage resulting from the loss, theft, deterioration or other damage of an appliance must be reimbursed by the Customer.
4.4. Responsibility of the Provider:
If the Contractor’s liability is established, it shall be limited to the supply of equipment and labor, and shall in all cases be subject only to reimbursement of the price of the service concerned. Above this amount, the Client waives all recourse against the Provider.
4.5. Delay in restitution:
Failure to return the equipment within the specified time will result in the rental fee being charged. In addition, the Contractor reserves the right to assert any operating losses and costs related to the recovery of the equipment.
The equipment is the responsibility of the Service Provider during the transport by him, in his own premises or when it is operated by one of its technicians. When the material is delivered to the Customer or used by a third party, it is under the exclusive responsibility of the Customer. The Client must ensure that he / she is covered by insurance covering the equipment against at least theft, fire and water damage.
Art.6: Ownership of equipment
The equipment rented by the Provider remains its exclusive property. Sub-leasing, loaning, even free of charge, or pledging of leased equipment is strictly forbidden.
Art.7: Image and visual property
7.1. The Contractor remains the sole owner of the visuals and materials set up during the event. Under no circumstances can the Customer remove a visual on the equipment and / or the rented furniture. In the contrary case, the Contractor may invoice the Customer for compensation.
7.2. At each location of the terminal, there will be compulsory Easy Photo communication media as well as the EasyPhoto logo displayed on the terminal. A fee of 150 CHF will be charged for the suppression of our visuals on the spot. In case of personalization of the terminal to the color of the Customer, these expenses can, according to conditions, then be deducted.
Art.8: Image and visual use
The Service Provider reserves the right to make mention of the work carried out for its clients and partners on its own website and all media to promote its activities. The Provider reserves the right to use the audiovisual media of the event as a whole (including editing, during the event, and dismantling).
Art. 9: Labor and personnel
9.1. Work timetable:
The hours of work of the staff of the Provider are included in a time slot from 08:00 to 19:00. Outside of these hours, the rate of benefits is increased.
9.2.1. Hours between 19:00 and 08:00: + 50%
9.2.2. In case of weekend service, the workforce is increased by 25% on Saturday, and by 50% on Sunday.
9.2.3. For services performed on weekends at night, the increases in points 9.2.1 and 9.2.2 may be cumulated.
9.3. Billing of hours of work:
Labor is charged on time. For day passes, the number of hours is 10 working hours per day. In the event of an overrun, the hours shall be invoiced at the hourly rate in force according to point 9.2.1.
9.4. Billing of fees:
If unanticipated meals and accommodation costs are required, these will be borne by the Customer. In case of direct payment by the Service Provider, these charges will be invoiced.
9.5 The staff has a compulsory 15-minute break for an Easy Photo 4h package. Beyond the 4-hour package, an additional 30-minute break is compulsory.
Art.10: Settlement Terms
The terms of payment are stipulated in the offer and are therefore applicable upon acceptance of the offer by the Client. Benefits of less than CHF 2,000 must be paid 10 days before the event. Benefits in excess of CHF 2,000 will require a 50% deposit upon acceptance of the offer, which must be paid 10 days before the event. In case of non-payment within the agreed deadline, the discounts granted will be canceled and the entire invoice will be due without delay. The balance is due upon receipt of the invoice by the Customer.
10.1 In the event of the customer’s residence: the Contractor reserves the right to charge 5% interest due to the Customer’s residence.
10.2 In the event of discounts, materials offered or hours offered, this can under no circumstances be the object of a claim or any refund.
10.3 Any service started is considered to be due in full. All costs related to the creation of a file will be paid in full by the client: for example administrative costs, management fees, graphic fees, equipment orders. Only the fees invoiced by Derendinger & amp; Cie SARL will be binding. Upon request, the client may request an estimate of the estimated costs before the start of the service. Otherwise, these fees will be considered as unconditionally accepted.
Art.11: Payment by credit card – Standards and measures applied for the protection of the cardholder’s personal data.
In case of payment by credit card, Derendinger & amp; Cie Sàrl / Ikou / Easy Photo undertakes to comply with the provisions of the Federal Data Protection Act. All personal data transmitted by the customer are treated confidentially and are not in any way ceded to third parties.
Art.12: Applicable law
The contract is governed exclusively by Swiss law. In the event of a dispute, the ordinary courts of the Canton of Geneva are exclusively competent, subject to appeal to the Federal Court.
Art.13: impossibility of the performance
13.1 In the event of impossibility of the benefit due to a natural cause (meteorological conditions, …) no damages will be paid. The provider reserves the right to keep the down payment or part of the deposit provided by the customer.
13.2 In the event of impossibility of the service due to the Client, the Service Provider reserves the right to retain the agreed sum.
Terms & Conditions Derendinger & CIE Sàrl – IKOU
Chemin de la Gravière 4 – 1227 Les Acacias – Suisse
Read and approved by the customer:
First Name : ………………………………………….
Last Name : ……………………………………………
Signature : ………………………….