GENERAL CONTRACT CONDITIONS AND RENTALS
Article 1 | General Aspects of the Contract.
The General Conditions of Contract, from now on "Contract", shall apply to the electronic, telephone or physical contracting of the services offered by the holder.
The holder of the service is
MATERIA EFÍMERA SOCIEDAD CIVIL
(hereinafter, MATERIA EFÍMERA),with Tax Identification Number
J-88471164 and registered office in the Community of Madrid, municipality of VALDEMORO; Marie Curie Street 7.
The CLIENT, by contracting the service, accepts all the terms and conditions in these General Conditions. Also, declares, before hiring the service, to have been informed, where appropriate, to have read, all the information contained in these General Conditions, in the “Legal Information” and in the “Policy of Privacy and Data Protection".
Article 2 | Particular Conditions of the Service Contract.
In case of incorporating on-site assembly and installation services in the event, they will be governed by the particular conditions of the company subcontracted for this purpose by MATERIA EFÍMERA.
It will be the responsibility of MATERIA EFÍMERA that the subcontracted company has the necessary civil liability insurance and permits, as well as the quality standards desired by the CLIENT.
The CLIENT will not have the right to oppose the subcontracting of these works, unless he hires them at his risk.
Article 3 | Price
Article 4 | Delivery
In addition, the CLIENT must be up to date with payment in the established terms, as well as any other obligations that may result.
In case these requirements are not met in time, the delivery period may be extended in the terms deemed appropriate to adapt to the new circumstances.
MATERIA EFÍMERA will not be responsible for damages caused by intentional or negligent behavior.
Article 5 | Payment of the services deliver
The parties establish that the valid payment will be by BANK TRANSFER.
Article 6 | Termination of Contract
Bankruptcy or suspension of payments of the parties.
Express wish of one of the parties notifies the other in writing within the time stipulated by the law.
Only terminations made in writing will have legal validity.
Article 7 | Client Obligations.
Article 8 | Storage
except if negligence or intentionality is demonstrated.
Article 9 | Specific provisions for stand rental.
The condition and integrity of the rental items must be verified by the CLIENT upon receipt of the same.
Replace items not accepted by others of similar characteristics.
Reduce the price of contracted services.
Terminate the contract without any compensation.
The CLIENT may only exercise his right not to accept the goods offered objectively, in writing and arguing the motivation for which he does not accept the provision of the service. In any case, MATERIA EFÍMERA reserves any legal actions to defend its interests.
The contract will end after the end of the event, at this time the disassembly work will begin with immediate effect. Any item left in the space will be discarded at the expense of the CLIENT and without the right to any compensation.
Article 10 | Copyright and intellectual property.
In addition, will not have the right to build replicas based on it, unless expressly agreed.
In case of breach of the obligation established in the previous paragraph, the CLIENT will have to indemnify MATERIA EFÍMERA for the liability of damages that is stipulated at any time, not being less than 50% of the rental price agreed between the parties , and always in an amount equal to or greater than 5,000 euros.
MATERIA EFÍMERA reserves the right to show the name of our company in an appropriate size in the items produced, particularly in the exhibition stands, and always based on the CLIENT’s plans.
In addition, we reserve the right to produce and publish photographic material regarding these stands, being able to use them for promotional purposes without the right to any compensation, and without requiring the CLIENT’s consent to do so.
The CLIENT gives to MATERIA EFÍMERA the exclusive and unlimited right, without restrictions in time, content and space, for all known and unknown uses in relation to the services provided, as regards the object of the contract, as well as the right to use the images produced regardless of the number and form of them for promotional and non-promotional purposes.
Article 11 | Protection of Personal Data.
This treatment is carried out based on the terms established in current legislation, and more specifically, in the provisions established by the Organic Law on Data Protection and Guarantee of Digital Rights, as well as EU Regulation 2016/679 for the protection of personal data.
The CLIENT acknowledges and accepts that their data will be used for providing services and market research.
Likewise, it expressly authorizes thatMATERIA EFÍMERA S.C. may transfer their data to the associated companies that process personal data on his behalf (in charge of processing). MATERIA EFÍMERA will be responsible for the contracting companies as in charge of treatment complying with the legal provisions in force.
The data will be kept as long as the mutual interest persists to maintain the end of the treatment, and in any case they will be destroyed with appropriate security measures that guarantee the pseudonymization of the data or the total destruction.
processing thereof. In addition, the CLIENT will have the right to complain to the supervisory authority if they believe that their data is not processed correctly.
Any claim that the USER deems appropriate will be addressed as soon as possible, and can be made at the following contact addresses:
Postal: MATERIA EFÍMERA S.C
MARIA CURIE STREET, 7 – 3C
Article 12 | Complaints and Claims
Also, MATERIA EFÍMERA has official complaint forms available to costumers and users, and they can request from MATERIA EFÍMERA at any time, using the contact information provided at the beginning of these Conditions.
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the CLIENT and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two.
Article 13 | Partial Nullity
Article 14 | Disclaimer
Unless otherwise provided by law, MATERIA EFÍMERA will not accept any responsibility for the following losses, regardless their origin:
Any other losses that were not attributable to any breach by MATERIA EFÍMERA
Business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or incurred unnecessary expenses).
Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of the products between both parties was formalized.
Likewise, MATERIA EFÍMERA also limits its liability in the following cases:
It will act with the utmost diligence in order to be available to the company responsible for transporting the product of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for causes such as strikes, road retentions, and in general any other characteristic of the sector, which result in delays, losses or theft of the product.
MATERIA EFÍMERA will not be responsible for the misuse and / or wear products that have been used by the User. At the same time, it will not be responsible for an erroneous return made by the User.
It is the responsibility of the User to return the correct product.
In general, it will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control, that is, due to major force, and this may include, but are not limited to:
Strikes, lockouts or other industrial action.
Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations.
Fire, explosion, storm, flood, earthquake, epidemic or any other natural disaster.
Impossibility of using trains, ships, airplanes, motor transport or other means of transport, public or private. Inability to use public or private
telecommunication systems Acts, decrees, legislation, regulations or restrictions
of any government or public authority
In this way, the obligations will be suspended during the period in which the cause of major force continues, and MATERIA EFÍMERA S.C. will have an extension in the period to meet them for a period of time equal to the duration of major force.
MATERIA EFÍMERA will put all reasonable means to find a solution that allows us to fulfill our obligations despite the force majeure.
Article 15 | Submission to the Jurisdiction
MATERIA EFÍMERA and the CLIENT agree to submit any dispute that may arise from the provision of the services subject to these Conditions of the courts and tribunals of MATERIA EFÍMERA.
In the event that the CLIENT is domiciled outside Spain, MATERIA EFÍMERA and the CLIENT expressly waive any other forum, submitting to the Courts and Courts closest to the population of VALDEMORO (Spain).