Terms and Conditions of the Website
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La Générale Multimédia
33 Rue de Neuilly, 92582 Clichy cedex
Tel: +33 (0)1 55 90 00 90
Fax: +33 (0)1 47 31 39 58
RCS (Trade & Companies Register): Nanterre B 390 343 622
Headquarters: 33 Rue de Neuilly, 92582 Clichy cedex
SIRET: 390 343 622 00051
Legal form: limited liability company
Capital: €39,840
Registration: 12-03-1993
Publication director:
Didier Moulin
Technical information:
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La Générale Multimédia
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Terms and Conditions of Sale
These terms and conditions of sale (”Terms and Conditions of Sale”) explain your rights and obligations in relation to any purchase, order, receipt, or delivery of any products from PowerVote (UK) Ltd.
1. Definitions
In these terms and conditions :
“PowerVote” shall mean PowerVote (UK) Ltd.
“The Seller” shall mean PowerVote (UK) Ltd.
“The Buyer” shall mean the person or organisation, including any servants or agents acting on their behalf, negotiating or contracting with PowerVote.
“The Goods” shall refer to any products or services being purchased from PowerVote (UK) Ltd.
2. General
A) These terms and conditions govern all transactions and business undertaken by PowerVote. Any variation to these terms and conditions shall not be binding, unless agreed in writing between the Seller and the Buyer.
B) Quotations are not binding on the Seller. The Seller may refuse to accept any order and may withdraw the quotation before acceptance of an order. An order shall be deemed to be accepted only when the Seller has sent written acceptance or has commenced work upon, or despatched or otherwise appropriated items for the fulfilment of the order.
C) Any order, whether verbal or written, placed with the Seller shall be deemed to imply the acceptance of, and agreement to abide by, these Terms and Conditions.
D) Any information printed in product catalogues, brochures or in electronic media, and any verbal information provided by PowerVote UK Ltd staff shall be treated as indicative only and shall not be binding.
E) Any clause featuring on an order or any document whatsoever from the Buyer in disagreement with these Terms and Conditions and not accepted in writing by PowerVote UK Ltd shall be null and void.
F) Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
3. Price
A) The price shall be the Seller’s quoted price. The price is exclusive of any applicable Value Added Tax, which shall be due at the rate on the date of the Seller’s invoice and which the Buyer shall be liable to pay.
B) Prices listed in printed material or on the Seller’s website may be subject to change without prior notice.
C) The Seller, by notice to the Buyer at any time before delivery, may increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond its control (such as, without limitation, any foreign exchange fluctuation, alteration of duties, significant increase to the costs of labour, materials or other costs of the manufacturer, any change in delivery dates, quantities or specifications of the Goods which is requested by the Buyer, or any delay caused by any instruction of the Buyer or failure of the Buyer to give the Seller adequate information or instructions).
D) All prices quoted will lapse in any event thirty days after the date of issue of the quotation, after which time the prices quoted may be altered by the Seller without giving prior notice to the Buyer.
E) The Buyer shall be invoiced on the basis of prices quoted at the time of acceptance of the order by the Seller.
4. Payment
A) Unless otherwise stated all payments shall be made to PowerVote UK Ltd, 20 Bedford Street, London WC2E 9HP, whatever the payment method.
B) Payment terms shall be those indicated in the quotation for purchasing the equipment.
C) Unless expressly agreed in writing, the following payment terms shall apply:
Export clients:
All payments shall be due in advance.
D) The Buyer shall make all payments due in full, without deduction, set-off or counterclaim whatsoever from or against the same except as required by law and regardless of any delays in delivery or performance or any corrections or adjustments that may be necessary to the Goods.
5. Non-payment and ownership
A) If any monies payable by the Buyer to the Seller are not paid when due or if the Buyer is in breach of any of its obligations (whether under the Contract or any other agreement with the Seller) or becomes bankrupt, enters into liquidation, has an administration order made in respect of it or suffers the appointment of a receiver to all or any of its assets or the Buyer ceases or threatens to cease to carry on business, the Buyer shall immediately pay to the Seller all monies payable by the Buyer under the Contract or any other agreement with the Seller (whether or not otherwise due for payment) and without prejudice to any other rights or remedy.
B) The Buyer shall pay interest on any monies payable by the Buyer to the Seller which are not paid when due at a rate of 2% per month from the date of due payment until the date of actual payment.
C) PowerVote shall retain ownership of the Goods until monies due have been paid and cleared in full. However, responsibility for insuring the Goods against all risks shall be assigned to the Buyer from the time of despatch of the goods. The Buyer shall therefore take all necessary dispositions to have insurances in place to cover those risks from the time of despatch.
D) The Buyer shall undertake not to resell or modify the Goods until it has been paid for in full.
E) Should the Seller fail to meet its delivery schedule by more than three months, the Buyer shall be entitled to cancel the order without any damages or interests owed by the Buyer or the Seller.
F) The Seller shall use DAP – Delivered at Place – as an incoterm. The Seller delivers when the goods are placed at the Buyer’s disposal on the arriving means of transport ready for unloading at the names place of destination. The Seller bears all risks involved in bringing the goods to the named place.
G) Should the Buyer arrange to collect the Goods from a pre-agreed designated location, delivery shall be deemed to have taken place either when the Goods have been handed over directly to the Buyer, or when the Buyer has been advised that the Goods are available for collection, or when the Goods have been delivered to a carrier designated by the Buyer or the Seller.
H) Should the Buyer or the carrier fail to collect the Goods at the agreed time, the Goods may be stored, subject to approval by the Seller, at the risks and expense of the Buyer. This shall not affect these terms and conditions or the Buyer’s responsibility to pay for the Goods.
6.Products, Returns and Warranty
A) Product features, sizes, weights as described in catalogues, price lists, brochures or technical descriptions are indicative and may be subject to slight variations and may be modified without prior notice.
B) The Buyer shall use all reasonable endeavours to ensure that the Goods are used in accordance with the instruction manuals supplied with the Goods and shall provide all relevant personnel with all necessary training in respect of the Goods.
C) The Seller shall not be liable in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Goods’ instructions, misuse or alteration or repair of the Goods without the Seller’s written approval.
D) No returns shall be accepted by the Seller without prior written agreement. Following agreement from the Seller to return the goods, the terms shall be as follows:
i. Returns should be sent back within 8 days, at the Buyer’s expense.
ii. The Goods shall be returned in their original condition, including original packaging.
7. Force Majeure and Liability
A) The Seller shall not be liable to the Buyer or deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control as in instances of force majeure.
B) Should performance of the Seller’s obligations be delayed or hindered by circumstances outside the Seller’s control or amounting to force majeure, the Seller will as soon as reasonably practicable give the Buyer notice of the reasons for the delay or hindrance and the Seller’s duty to perform shall be suspended for as long as the circumstances amounting to force majeure continue. Failure to give such notice will incur no liability.
C) Under no circumstances shall the Seller be liable for any bodily injury or any accidental damage whatsoever, whether special, general, incidental, indirect or consequential including, without limitation, damage due to loss of revenue, loss of data, interruption in business, loss of commercial information, or any other financial loss resulting from use or the impossibility to use the Goods, whatever the cause.
D) If any provision of this agreement is held in whole or in part to any extent to be illegal or unenforceable under any enactment or rule of law, such provision shall to that extent be deemed not to form part of this agreement and the enforceability of the remainder of this agreement shall not be affected.
8.Protection of Intellectual Property
A) The Buyer shall not cause or permit anything which may damage or endanger the intellectual property of the Seller in the Goods or the Seller’s title to it or assist or allow others to do so.
B) The Buyer must notify the Seller of any suspected infringement of the intellectual property of the Seller in the Goods.
C) The Buyer must affix such notices to the Goods or their packaging or their associated advertising material as the Seller may direct.
D) The Buyer shall compensate the Seller for any use of the intellectual property of the Seller otherwise than in accordance with these terms and conditions or as permitted by the Seller.
E) The Buyer shall not use any name or mark similar to or capable of being confused with the trade name or trademark of the Seller.
F) Where the Goods include a computer programme, the Buyer agrees not to copy or disclose or alter the programme without the prior consent of the Seller and will in all other respects comply with the terms of any licence granted to the Buyer which relate to the use of such computer programmes.
G) The specifications and design of the Goods (including the copyright, design right or other intellectual property in them) shall as between the parties be the property of the Seller. Where any designs or specifications have been supplied by the Buyer for manufacture by or to the order of the Seller, then the Buyer warrants that the use of those designs or specifications for the manufacture, processing, assembly or supply of goods shall not infringe the rights of any third party.
9. Governing Law
The contract shall be governed by and interpreted in accordance with English Law, and the customer submits to the jurisdiction of the High Court of Justice in England. The Seller reserves the right to enforce the contract in any court of competent jurisdiction.
10. Product use
The Buyer shall not use the Goods purchased under the terms of this contract for any commercial purpose whatsoever, without express written permission from PowerVote UK Ltd.
Terms and Conditions of Hire
These terms and conditions («Terms and Conditions of Hire») explain your rights and obligations in relation to the hire of any products or services from PowerVote UK Ltd.
1. Definitions
In these terms and conditions :
“PowerVote” shall mean PowerVote UK Ltd.
“The Client” shall mean the person or organisation, including any servants or agents acting on their behalf, negotiating or contracting with PowerVote.
“The Goods” shall mean any equipment, products or services being hired from PowerVote UK Ltd.
“The Conference” shall mean any event, conference, meeting or such occasion for which the Goods are hired.
“The Equipment” shall mean any receivers, headphones, keypads, accessories or other such goods or services being hired from PowerVote UK Ltd.
2. General
A) These terms and conditions shall govern all transactions and business undertaken by PowerVote. Any variation to these terms and conditions shall not be binding, unless agreed in writing by PowerVote.
B) Quotations shall not be binding on PowerVote. PowerVote may refuse to accept any order and may withdraw a quotation before acceptance of an order.
C) All prices quoted will lapse in any event thirty days after the date of issue of the quotation, after which time the prices quoted may be altered by PowerVote.
D) An order shall be deemed to be accepted only when PowerVote has sent written acceptance or has commenced work upon, or despatched or otherwise appropriated items for the fulfilment of the order.
E) Any variation in the Client’s order shall only be valid if it has been acknowledged by PowerVote. This acknowledgement will be in writing where adequate time is given.
F) Product features, sizes, weights as described in catalogues, price lists, brochures or electronic media are indicative and may be subject to slight variations and may be modified without prior notice.
G) Any order, whether verbal or written, placed with PowerVote shall be deemed to imply the acceptance of, and agreement to abide by, these Terms and Conditions.
H) Any clause featuring on an order or document whatsoever from the Client in disagreement with these Terms and Conditions and not accepted in writing by PowerVote UK Ltd shall be null and void.
3. Conditions of Hire
A) The Client shall specify to PowerVote the equipment required, the exact period of time during which the Goods are to be used, the venue of the Conference and the proposed seating arrangements.
B) The Client shall ensure that the venue for the Conference is available throughout the hours indicated by PowerVote for the set-up and removal of any Equipment. In addition, the Client shall ensure that the venue is ready for setting-up the equipment, i.e. with facilities for participants, interpreters and technicians and a sufficient area for placing booths in the configuration accepted by PowerVote.
C) PowerVote shall endeavour to ensure that the Equipment is operational one hour prior to the agreed commencement of the Conference, provided that reasonable time has been allowed for setting-up any systems and/or booths. Under these Terms and Conditions, PowerVote undertakes to operate, service and remove systems as specified.
D) The Client shall be liable for the replacement value of any item of Equipment damaged, howsoever arising, between the set-up day and the end of the conference. Where the Equipment is hired without an operator, or shipped in advance without an operator, the Client shall be liable for loss or damage incurred from the moment the Equipment leaves PowerVote premises and until its return to such premises.
E) When at the Conference, the Client shall ensure that the meeting areas are locked and not used for any other purpose by third parties outside meeting hours and that all Equipment can securely remain in-situ throughout the entire duration of the Conference.
F) Issue and Return of PowerVote Equipment
a. The Client shall be responsible for the issue and collection of the Equipment at the Conference and for providing staff for that purpose on each day of the conference. In exceptional cases, auxiliary staff may be made available by PowerVote and in such cases the cost of this service will be specified in the quotation. In any event, the Client shall be responsible for loss or damage to the Equipment.
b. The Client will be issued with the agreed Equipment prior to the Conference. As soon as possible after the Conference, representatives of the Client and PowerVote will jointly undertake an inventory of the Equipment to determine any loss or damage. Shall the client be unable or unwilling to participate in the inventory, PowerVote shall proceed in good faith.
G) Safe distribution of the Equipment
a. PowerVote shall supply holder cards for completion by the Client, showing each delegate’s name and address or conference number. Entries must allow reliable identification. Any Equipment missing at the end of the conference can then be recovered by the Client on the basis of the information listed on the holder cards.
b. The Equipment may be issued in exchange for individual participants’ registration cards. These should permit subsequent identification and should be no larger than 50mmX100mm in size.
c. The Equipment may be issued against official identity documents.
d. The Client shall accept full responsibility for any loss or damage to Equipment issued without following these procedures.
H) Any Equipment not returned before the PowerVote representative leaves the site will be treated as lost for the purpose of invoicing at £70 per missing unit for the keypads and £250 for the receiver.
I) Any loss or damage will be invoiced on the basis of the inventory record. PowerVote shall refund the Client for any Equipment treated as lost, subsequently invoiced and paid for by the Client, that may be returned in good condition within two years of the Conference.
J) Shall the Client hire the Equipment under the Dry Hire option:
a. PowerVote shall guarantee that the equipment has been tested before being sent.
b. PowerVote shall deny any responsibility whatsoever for any technical issues arising in the course of the event if the PowerVote software has been installed on a non-PowerVote computer and without the assistance of an on-site technician.
c. The Client shall return all equipment to PowerVote UK ltd, missing unit will be billed £70 for the keypads and £250 for the receiver.
4. Price and Payment
A) Unless otherwise stated all payments shall be made to PowerVote UK Ltd, 20 Bedford Street, London WC2E 9HP, whatever the payment method.
B) The price indicated on the accepted quotation shall be binding. The price is exclusive of any applicable Value Added Tax, which shall be due at the rate on the date of PowerVote’s invoice and which the Client shall be liable to pay.
C) Additional services not included in the original quotation, such as night work, modifications or additions to the equipment or services hired, shall be subject to additional charges.
D) Any expenses relating to the provision of special services detailed in the order shall be estimated to the best of PowerVote’s knowledge for the purpose of the quotation. However, the Client shall be invoiced on the basis of the actual costs incurred in the provision of such services.
E) Payment terms shall be those indicated in the quotation for hiring the equipment.
F) The Client shall make all payments due in full, without deduction, set-off or counterclaim whatsoever from or against the same except as required by law and regardless of any delays in delivery or performance or any corrections or adjustments that may be necessary to the Goods.
G) In the event of default of payment, PowerVote may, at its option, terminate the contract without notice. Alternatively, PowerVote may set a deadline for such payments to be fulfilled and may terminate the contract at its option where the Client fails to meet this new deadline. In the event of such termination, PowerVote shall be entitled to compensation for all expenses incurred and services rendered between the commencement and the termination of the contract.
5. Non-payment
A) If any monies payable by the Client to PowerVote are not paid when due or if the Client is in breach of any of its obligations (whether under the Contract or any other agreement with PowerVote) or becomes bankrupt, enters into liquidation, has an administration order made in respect of it or suffers the appointment of a receiver to all or any of its assets or the Client ceases or threatens to cease to carry on business, the Client shall immediately pay to PowerVote all monies payable by the Client under the Contract or any other agreement with PowerVote (whether or not otherwise due for payment) and without prejudice to any other rights or remedy.
B) The Client shall pay interest on any monies payable to PowerVote which are not paid when due at a rate of 2% per month from the date of due payment until the date of actual payment.
6. Cancellation
A) In the event of cancellation for reasons outside of PowerVote’s responsibility, the following hire charges shall apply:
a. Cancellation less than two weeks prior to the Conference: 100% of quotation price.
b. Cancellation between two weeks and one calendar month prior to the Conference: 75% of quotation price.
c. Cancellation between one and three months prior to the Conference: 50% of quotation price.
d. More than three months’ notice: no charge.
B) In the event of cancellation, any deposits paid in advance by the Client shall be non-refundable.
C) In addition to the above charges applying to cancellations, any costs incurred for third party services or goods shall be refundable. The Client shall also refund any expenses incurred or loss suffered by PowerVote as a result of the cancellation.
7. Force Majeure and Liability
A) PowerVote shall not be liable to the Client or deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of PowerVote’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond PowerVote’s reasonable control as in instances of force majeure.
B) Should performance of PowerVote’s obligations be delayed or hindered by circumstances outside PowerVote’s control or amounting to force majeure, PowerVote will as soon as reasonably practicable give the Client notice of the reasons for the delay or hindrance and PowerVote’s duty to perform shall be suspended for as long as the circumstances amounting to force majeure continue. Failure to give such notice will incur no liability.
C) Under no circumstances shall PowerVote be liable for any bodily injury or any accidental damage whatsoever, whether special, general, incidental, indirect or consequential including, without limitation, damage due to loss of revenue, loss of data, interruption in business, loss of commercial information, or any other financial loss resulting from use or the impossibility to use the Goods, whatever the cause.
D) PowerVote shall not be liable for any loss or damage caused by third parties on whose assistance PowerVote may have to rely.
E) Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by PowerVote shall be subject to correction without any liability on the part of PowerVote.
F) If any provision of this agreement is held in whole or in part to any extent to be illegal or unenforceable under any enactment or rule of law, such provision shall to that extent be deemed not to form part of this agreement and the enforceability of the remainder of this agreement shall not be affected.
8. Protection of Intellectual Property
A) The Client shall not cause or permit anything which may damage or endanger the intellectual property of PowerVote in the Goods or PowerVote’s title to it or assist or allow others to do so.
B) The Client must notify PowerVote of any suspected infringement of the intellectual property of PowerVote in the Goods.
C) The Client must affix such notices to the Goods or their packaging or their associated advertising material as PowerVote may direct.
D) The Client shall compensate PowerVote for any use of the intellectual property of PowerVote otherwise than in accordance with these terms and conditions or as permitted by PowerVote.
E) The Client shall not use any name or mark similar to or capable of being confused with the trade name or trademark of PowerVote.
F) Where the Goods include a computer programme, the Client agrees not to copy or disclose or alter the programme without the prior consent of PowerVote and will in all other respects comply with the terms of any licence granted to the Client which relate to the use of such computer programmes.
9. Governing Law
The contract shall be governed by and interpreted in accordance with English Law, and the Client submits to the jurisdiction of the High Court of Justice in England. PowerVote reserves the right to enforce the contract in any court of competent jurisdiction.


