Terms and Conditions

The general terms and conditions of sale are defined by Article L.441-6 of the French Commercial Code.

Between the company POLY EVENT, 5 impasse de la Centrale, 77360 Vaires sur Marne, registered with the Trade and Companies Register (RCS) of Meaux under SIRET number 532 710 845 00027, represented by Mr Iguighil Toufik. The company may be contacted by email or by telephone, and you may also attend POLY EVENT’s premises. Any natural or legal person purchasing products or services from POLY EVENT shall be bound by the following clauses.

Preamble

POLY EVENT publishes products and services marketed through its websites (www.jeux-gonflables.net). The list and description of the goods and services offered by POLY EVENT may be consulted on the above-mentioned sites.

Article 1: Purpose

The general terms and conditions of sale set out below detail the rights and obligations of POLY EVENT and its customer in the context of the sale of our various goods.

Article 2: General provisions

These General Terms and Conditions of Sale (CGV) apply to all sales of Products carried out through POLY EVENT’s websites and telephone conversations, and form an integral part of the Contract between the Buyer and POLY EVENT. POLY EVENT reserves the right to amend these terms at any time by publishing a new version on its website. The CGV applicable shall be those in force on the date of payment (or the first payment in the case of multiple payments) of the order. These CGV may be consulted on the Company’s website at the following address: www.jeux-gonflables.net. POLY EVENT also ensures that acceptance is clear and unreserved by implementing a tick-box and a validation click. The Customer declares that they have read and understood all of these CGV and, where applicable, any Specific Terms of Sale linked to a product or service, and accepts them without restriction or reservation. The Customer acknowledges having received the advice and information necessary to ensure that the offer meets their needs. The Customer declares that they are legally able to contract under French law or to validly represent the natural or legal person on whose behalf they are entering into the contract. Unless proven otherwise, the information recorded by the Company shall constitute evidence of all transactions.

Article 3: Prices

Prices are stated in euros, inclusive of taxes (TTC), for items offered for sale and are only applicable on the date the Customer submits order validation.

Prices do not include delivery costs, any promotional offers and personal discounts, which are indicated prior to final order validation. For all products shipped outside the European Union and/or to French overseas territories (DOM-TOM), the price is automatically calculated excluding tax on the invoice. In certain cases, customs duties or other local taxes, import duties or state taxes may be payable. Such duties and amounts are not the responsibility of POLY EVENT. They shall be borne by the Buyer and under the Buyer’s responsibility (declarations, payment to the competent authorities, etc.). POLY EVENT therefore invites the Buyer to enquire about these matters with the relevant local authorities. POLY EVENT reserves the right to amend its prices at any time for the future. Telecommunications costs required to access the Company’s websites are borne by the Customer. Where applicable, delivery costs are also borne by the Customer.

Article 4: Products and services

The essential characteristics of the goods and their respective prices are made available to the Buyer on the Company’s websites. The Customer acknowledges having received details of delivery costs, as well as the payment, delivery and performance terms of the contract. POLY EVENT undertakes to fulfil the Customer’s order only within the limits of available stock. Failing this, POLY EVENT shall inform the Customer. This contractual information is presented in detail and in French. In accordance with French law, it is summarised and confirmed at the time the order is validated. The parties agree that illustrations or photographs of the products offered for sale have no contractual value. The period of validity of the offer of the Products and their prices is specified in POLY EVENT’s quotations. Unless special conditions apply, the rights granted under these terms are granted solely to the natural person signing the order (or the person holding the email address provided).

Article 5: Warranty

I. WARRANTIES APPLICABLE TO PROFESSIONAL CUSTOMERS (B2B)

1. Inflatable games

Inflatable games marketed by POLY EVENT are guaranteed for two (2) years against manufacturing defects from the delivery date.

The following items are considered wear parts and benefit only from a three (3) month warranty:

• obstacles,
• tarpaulins/sliding mats,
• jumping areas,
• straps,
• Velcro fastenings,
• climbing surfaces,
• and, in general, any part subject to friction, tension, abrasion or intensive use.

This list is not exhaustive.

Excluded from the warranty:

• normal wear and tear,
• damage due to improper use,
• failure to follow installation, anchoring or maintenance instructions,
• overpressure, power surges or electrical faults,
• unauthorised modifications,
• repairs carried out by an unauthorised third party.

2. Mechanical and electrical equipment (machines)

Equipment marketed by POLY EVENT (striker/punching machines, ice machines, slush machines, candyfloss machines, popcorn machines, sweepers, simulators, any electrical machine) is intended for professional use.

Professional contractual warranty – 12 months

A contractual warranty of twelve (12) months is granted from the invoicing date.

Scope

The warranty covers exclusively:

• parts recognised as defective,
• labour associated with their repair or replacement.

The warranty is strictly “ex-works” (depart atelier) POLY EVENT.
It is not an all-inclusive warranty.

3. Procedure for application (B2B)

Mandatory prior diagnosis
Any warranty claim requires:

• a remote diagnosis (photos, videos, video call, technical exchanges),
• active cooperation from the Customer,
• compliance with the technical instructions provided.

Failure by the Customer to cooperate suspends the application of the warranty.

Dispatch of parts
Where the fault is clearly identified, POLY EVENT may dispatch the relevant part.
Replacement shall be carried out by the Customer with technical assistance.

Return to workshop
If the remote diagnosis does not allow the fault to be resolved, or if in-depth technical intervention is required, the equipment must:

• either be delivered to POLY EVENT’s premises,
• or be sent by the Customer.

Return transport costs, packaging and insurance are entirely borne by the Customer, including during the warranty period.

The product must be correctly packaged.
Any damage occurring during transport due to insufficient packaging cannot be attributed to POLY EVENT.

Workshop assessment
Following assessment:

• If the defect is covered by the warranty → repair or replacement.
• If the defect is not covered → a quotation will be sent.

If the Customer rejects the quotation, diagnostic and storage fees may be charged.

4. General exclusions

Excluded:

• on-site travel,
• transport costs,
• loss of earnings,
• commercial loss,
• compensation for immobilisation/downtime.

POLY EVENT’s liability is strictly limited to the repair or replacement of parts recognised as defective, except in cases of gross negligence or wilful misconduct.

II. WARRANTIES APPLICABLE TO CONSUMERS (B2C)

Where the purchase is made by a consumer within the meaning of the French Consumer Code, the following statutory warranties apply:

• Statutory warranty of conformity (Articles L217-3 et seq. of the French Consumer Code) – 2 years.
• Statutory warranty against hidden defects (Articles 1641 et seq. of the French Civil Code).

These warranties cover only defects existing at the time of delivery.

They do not cover:

• normal wear and tear,
• defects resulting from improper use,
• defects linked to insufficient maintenance.

No costs may be charged to the consumer under the statutory warranty of conformity.

III. GENERAL PROVISIONS

The applicable warranties are determined exclusively by the status of the buyer (professional or consumer) and not by the nature of the product.

Rules applicable to consumers are not transferable to professional-to-professional relationships.

Article 6: Payment terms

POLY EVENT’s payment terms are as follows:

• Payment in full for any collection or dispatch of goods
• No reservation is possible without a signed quotation and payment of a minimum 50% deposit
• No out-of-stock structure may be put into production without receipt of a 50% deposit
• Any signed quotation requires payment within 7 days of receipt

PAYMENT METHODS

• Orders are paid by cheque or bank transfer. In the event of payment by cheque, the customer must wait 20 days before the goods are dispatched or collected.
• Only Town Halls (Mairies) are authorised to pay by administrative order. No goods may be dispatched without receipt of such order.
• POLY EVENT also allows payment by documentary letter of credit, provided it is irrevocable and confirmed.

INTEREST-FREE 3X / 4X PAYMENT OPTIONS WITH ONEY

• Pay for your order in 3 or 4 interest-free instalments by bank card for purchases from €500 to €3,000 with Oney Bank
• Our partner Oney Bank offers a financing solution called 3x 4x Oney, enabling purchases from €500 to €3,000 to be paid in 3 or 4 interest-free instalments using your bank card.
• Conditions: Offer reserved for private individuals (of legal age) resident in France and holders of a Visa or MasterCard with a validity date exceeding the duration of the chosen financing. Cards with systematic authorisation (Electron, Maestro, Nickel, etc.), e-cards, Indigo cards and American Express are not accepted.
• Subscription process: After finalising your order, click the “pay in 3x 4x Oney by bank card” button. You will be redirected to our partner’s page with the detailed order summary and the personalised financing request, which you must validate. You will enter your personal details or, if you have an Oney account, log in. You will read the terms (PDF) and accept them by ticking the relevant box.
• You acknowledge that the “double click” associated with the tick-box constitutes consent to contract and an irrevocable and unreserved acceptance. Unless proven otherwise, data recorded by Oney Bank constitutes evidence of all transactions. If you request financing, the information relating to your order will be transmitted to Oney Bank for review, granting, management and collection of the credit.
• Oney Bank reserves the right to accept or refuse your request. You have a 14-day withdrawal period.
• How it works:
• an обязательory initial payment, charged on the day dispatch is confirmed, corresponding to one third or one quarter of the order;
• two or three instalments, each corresponding to one third or one quarter, charged at 30 and 60 days (3x) or at 30, 60 and 90 days (4x).
• Oney Bank - SA with share capital of €51,286,585 - Registered office: 34 avenue de Flandre 59170 CROIX - RCS Lille Métropole 546 380 197 - Orias no.: 07 023 261 - www.orias.fr -
• Correspondence: CS 60006 - 59 895 Lille Cedex 9 - www.oney.fr
• By these presents, the customer accepts: the Oney customer T&Cs (access: CGV_clients_3x4x_03.11.2023.pdf) and the Oney Legal Notice (access: Mentions_legales_3x4x_03.11.2023.pdf).

INTEREST-FREE 2X / 3X / 30 DAYS / 45 DAYS / 60 DAYS PAYMENT OPTIONS WITH PLEDG

• Pay for your order in 2 or 3 instalments, or at 30/45/60 days interest-free by bank card for purchases from €500 to €25,000 with PLEDG
• Our partner PLEDG offers a solution called 2x 3x 30j 45j 60j PLEDG, enabling purchases from €500 to €25,000 to be paid in 2 or 3 interest-free instalments, or with deferred payment at 30, 45 or 60 days interest-free using your bank card.
• Conditions: Offer reserved for professionals resident in France and holders of a Visa or MasterCard with validity exceeding the chosen duration. Cards with systematic authorisation (Electron, Maestro, Nickel, etc.), e-cards, Indigo cards and American Express are not accepted.
• Subscription process: After finalising your order, click the corresponding button. You will be redirected to the partner page with the order summary and the financing request, which you must validate. You will enter your details, read the terms displayed and accept them by ticking the relevant box.
• You acknowledge that the “double click” associated with the tick-box constitutes consent to contract and an irrevocable and unreserved acceptance. Unless proven otherwise, data recorded by PLEDG constitutes evidence of all transactions. If you request financing, information relating to your order will be transmitted to PLEDG for review, granting, management and collection of the credit.
• PLEDG reserves the right to accept or refuse your request. You have a 14-day withdrawal period.
• How instalment payments work:
• a mandatory initial payment, charged on the day dispatch is confirmed, corresponding to half or a third of the order;
• one or two instalments, each corresponding to half or a third, charged at 30 days (2x) or 60 days (3x).
• PLEDG - SA with share capital of €51,286,585 - Registered office: 95, rue Saint Lazare, 75009 - RCS B PARIS 823 495 544 - Orias no.: 21 001 402 - www.orias.fr -
• Correspondence: 95 rue de Saint-Lazare, 75009 Paris - www.pledg.co
• How deferred payment works:
• The total amount of the order is paid with a deferral of 30, 45 or 60 days from order confirmation;
• PLEDG - SA with share capital of €51,286,585 - Registered office: 95, rue Saint Lazare, 75009 - RCS B PARIS 823 495 544 - Orias no.: 21 001 402 - www.orias.fr -
• Correspondence: 95 rue de Saint-Lazare, 75009 Paris - www.pledg.co

Article 7: Late payment

SALES TO PROFESSIONALS

In the context of a sale to professionals, in the event of total or partial non-payment for goods delivered by the due date, the Buyer shall pay POLY EVENT a late payment penalty equal to three times the legal interest rate. The legal interest rate applied shall be the rate in force on the day the goods are delivered. This penalty is calculated on the gross (TTC) amount outstanding and accrues from the due date without the need for prior notice.

Article 8: Termination clause

If the Buyer has not paid the sums due, the sale shall be terminated automatically by operation of law and may give rise to the award of damages in favour of POLY EVENT.

Article 9: Retention of title

POLY EVENT retains ownership of the goods sold until full payment of the price, including principal and ancillary amounts. In this respect, if the Buyer becomes subject to reorganisation or judicial liquidation proceedings, POLY EVENT reserves the right to reclaim, within the framework of the collective proceedings, the goods sold and unpaid.

Article 10: Delivery

Delivery by carrier: products are delivered to the address indicated when placing the order and within the timeframe communicated. This timeframe does not include order preparation time.

Collection from the POLY EVENT warehouse: ordered items are collected by the Customer from the POLY EVENT warehouse. Collection requires an appointment; the Customer travels by their own means to our warehouse in Chennevières-sur-Marne.

Where the Customer orders several products at the same time, they may have different delivery times and be dispatched according to the terms agreed in the sale. In the event of late delivery, the Customer may cancel the contract under the conditions defined in Article L 138-2 of the French Consumer Code. POLY EVENT will refund the product and the “outward” delivery costs under the conditions of Article L 138-3 of the French Consumer Code. POLY EVENT provides a telephone contact point (cost of a local call from a landline) stated in the confirmation email to ensure order tracking. POLY EVENT reminds customers that, at the moment the Customer takes physical possession of the products, the risk of loss or damage transfers to the Customer. It is the Customer’s responsibility to notify the carrier of any reservations regarding the delivered product.

Article 11: Collection

In the event of collection from our warehouses, the Customer undertakes to collect the order within 10 days after being notified that it is available. If it is not collected within this timeframe, we may, at our discretion: either consider the sale terminated automatically, pursuant to Article 1657 of the French Civil Code, without any formality and without prejudice to damages; and dispose of the goods for the benefit of a third party; or serve the Customer with a formal notice by registered letter to collect the goods and, failing this, within forty-eight hours, proceed to store them in a place chosen by us, pursuant to Article 1264 of the French Civil Code. The corresponding invoice will be sent to the Customer and will be immediately payable, together with storage charges.

Article 12: Force majeure

POLY EVENT shall not be held liable if non-performance or delay in the performance of any of its obligations described in these general terms and conditions is due to an event of force majeure. For these purposes, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the French Civil Code.

Article 13: Complaints

Any complaint relating to transport or its consequences must be addressed to POLY EVENT and to the relevant transport company by registered letter with acknowledgement of receipt within three days of receipt of the goods and the invoice, in the event of breakage or damaged materials. In the event of non-delivery, the complaint must be made within seven (7) days.

Any complaint regarding product quality may only be processed if it has previously been made by registered letter with acknowledgement of receipt within 8 (eight) calendar days following the date of receipt of the goods. After this period, no complaint will be accepted. Goods accepted without reservation by the recipient at the time of delivery are deemed to have arrived in good condition and in full (number of items, conformity with the order, etc.). No complaint may be borne by POLY EVENT and POLY EVENT’s liability may not be invoked.

However, returns are only accepted if the following conditions are met:

1. The precise reason for rejection must be stated for each item allegedly defective.
2. The return must be made in the original packaging, with the goods complete and in good condition, with consumable accessories and instructions, at the Buyer’s expense.
3. The goods must not have suffered any deterioration for any reason whatsoever, in particular during storage, inspection, demonstration or use.
4. The Buyer must not have made any modification to the goods nor used them in an irregular manner or contrary to instructions.

Any return shipment, whatever the reason, must be made carriage paid by the Customer.

Article 14: Withdrawal and cancellation

SALES TO PROFESSIONALS

In the context of a sale to a Professional, if you are not satisfied, we undertake to take back the delivered products and refund them, excluding delivery costs.

• Within 14 days for non-conforming or damaged goods
• In new condition, in perfect resale condition; otherwise a depreciation of -30% of the purchase value will be deducted
• In original packaging
• Return packaging and shipping costs borne by the Customer
• With delivered accessories (blowers, manuals, stakes, repair kit, etc.)
• With a copy of the invoice or delivery note
• With an explanatory note stating the reason for the return and precise instructions regarding the desired exchange or refund.

At the Customer’s expense:

• Packaging costs for the product to be returned
• Return shipping costs and shipping costs for the replacement product in the event of an exchange

Items purchased in sales or during exceptional sales events (clearance, private sales, VIP sales, flash sales) or benefiting from a promotional code or offer are not eligible for a refund, exchange or voucher.

Return costs (as well as shipping costs for the replacement product in the event of an exchange) ARE BORNE BY THE CUSTOMER, who is free to choose the type of shipment. POLY EVENT is not required to reimburse any additional costs if the consumer has expressly chosen a more expensive delivery method than the standard method offered by POLY EVENT.

In the event of a delivery error, POLY EVENT will cover your return costs up to the amount shown on the proof of postage you send to us by email. The right of withdrawal is exercised under the same conditions from the order and before delivery.

SALES TO PRIVATE INDIVIDUALS

In the context of a sale to a Private individual, if you are not satisfied, we undertake to take back the delivered products and refund them, excluding transport costs. Goods are returned to us:

• Within 14 days from the date of receipt or collection. After this period, no return will be accepted.
• No justification required.
• In new condition, in perfect resale condition
• In original packaging
• Return packaging and shipping costs borne by the Customer
• With the withdrawal form duly completed and signed, in accordance with Articles L.221-18 et seq. of the French Consumer Code
• With delivered accessories (blowers, manuals, stakes, repair kit, etc.)

At the Customer’s expense:

• Packaging costs for the product to be returned
• Return shipping costs and shipping costs for the replacement product in the event of an exchange

If the Customer exercises their right of withdrawal, POLY EVENT undertakes to refund all sums paid, including delivery costs, without undue delay, within a maximum period of 14 days from receipt of the goods by POLY EVENT. The refund will be made by bank card, transfer or cheque depending on the payment method initially chosen.

It is the Customer’s responsibility to retain all proof of return, which implies that items are returned by recorded delivery or any other means giving a certain date of dispatch.

Return costs (as well as shipping costs for the replacement product in the event of an exchange) ARE BORNE BY THE CUSTOMER, who is free to choose the type of shipment. POLY EVENT is not required to reimburse any additional costs if the consumer has expressly chosen a more expensive delivery method than the standard method offered by POLY EVENT.

In the event of a delivery error, POLY EVENT will cover your return costs up to the amount shown on the proof of postage you send to us by email. The right of withdrawal is exercised under the same conditions from the order and before delivery.

Article 15: Applicable law and competent jurisdictions

Sales and services of the company POLY EVENT are governed and interpreted in accordance with French law.

• If the Customer is a consumer: in accordance with Articles R.631-3 et seq. of the French Consumer Code, the consumer may bring the matter either before one of the courts having territorial jurisdiction under the French Code of Civil Procedure, or before the court of the place where they were residing at the time the contract was concluded or where the harmful event occurred.

• If the Customer acts as a professional: in the event of any dispute relating to the formation, interpretation, performance or termination of the contract, and unless otherwise provided by mandatory legal provisions, express and exclusive jurisdiction is granted to the Commercial Court of Meaux, including in the event of multiple defendants, third-party proceedings or urgent/interim proceedings.

Article 16: Consumer dispute mediation

In accordance with the provisions of the French Consumer Code relating to the “consumer dispute mediation process”, the Customer is entitled to have recourse, free of charge, to the mediation service offered by POLY EVENT.

The proposed mediator is CM2C.

This mediation scheme may be contacted:

• electronically: www.cm2c.net
• by post: CM2C - Centre de la Médiation de la Consommation de Conciliateurs de Justice - 14 rue Saint Jean - 75017 PARIS

Consumer mediation is an out-of-court dispute resolution process whereby a consumer and a professional seek to reach an agreement in order to settle a dispute amicably. It is an alternative to legal proceedings.

Article 17: Intellectual property

The trade marks, domain names, products, software, images, videos, texts or, in general, any information subject to intellectual property rights are and shall remain the exclusive property of POLY EVENT. No transfer of intellectual property rights is made through these CGV. Any reproduction, whether in whole or in part, modification or use of these assets for any reason whatsoever is strictly prohibited.

Article 18: Personal data protection

In accordance with the French Data Protection Act of 6 January 1978, you have the right to request information, access, amendment, objection and rectification in respect of the personal data relating to you. By accepting these CGV, you consent to our collecting and using such data for the performance of this contract. By entering your email address on one of the sites within our network, you will receive emails containing information and promotional offers relating to products published by POLY EVENT. You may unsubscribe at any time.