General Terms and Conditions of Sale and Use
PREAMBLE
These General Terms and Conditions of Sale and Use (hereinafter the “ Terms ”) are entered into between:
SACRE LAB , a single-member limited liability company (Société à Responsabilité Limitée Unipersonnelle) with share capital of 1,000 euros, registered with the Reims Trade and Companies Register (RCS) under number B 882 039 449, whose registered office is at 10 rue de Venise, 51100 Reims, France. Intra-community VAT number: FR 69 882039449. Email address: coucou@collab-coworking.fr Telephone number: +33(0)3 65 67 51 17
Hereinafter referred to as the “ Provider ” or “ SACRE LAB ”,
AND
Any natural or legal person acting for professional purposes , within the meaning of the preliminary article of the French Consumer Code, that is to say in the course of their commercial, industrial, craft, liberal or agricultural activity, who accesses the Site and/or makes a Booking of Services.
Hereinafter referred to as the “ Client ”,
The Provider and the Client are hereinafter referred to collectively as the “ Parties ” and individually as a “ Party ”.
WHEREAS:
The Provider operates a workspace (hereinafter the “ Space ”) located at 35 rue de Talleyrand, 51100 Reims, offering in particular one-off meeting room and photo/video studio hire services.
The Provider administers and operates a website accessible at http://app.collab-coworking.fr/ (hereinafter the “ Site ”), allowing professionals to book the said services online.
The purpose of these Terms is to define the terms and conditions under which the Provider gives the Client access to the Site and provides the Services, as well as the rights and obligations of each Party.
Use of the Site and any Booking made by the Client are subject to compliance with these Terms, which the Client declares to have read, understood and accepted without restriction or reservation.
ARTICLE 1: DEFINITIONS
For the purposes of these Terms, the terms below, whether used in the singular or the plural, shall have the following meaning:
Client : Means any legal person, or natural person acting in a professional capacity (within the meaning of the preliminary article of the French Consumer Code), who creates an Account and/or makes a Booking of Services on the Site for purposes falling within the scope of their professional activity.
Account : Means the personal area created by the Client on the Site, accessible with confidential login details and a password, allowing the Client to manage their personal information and Bookings.
Booking Confirmation : Means the electronic summary document sent by the Provider to the Client (generally by email) after receipt of payment, certifying the validation of the Booking and forming the service contract between the Parties.
Contract : Means the contractual whole formed by these Terms and the Booking Confirmation, together with any document expressly referred to therein, such as the House Rules.
Personal Data : Means any information relating to an identified or identifiable natural person, processed by the Provider in connection with the use of the Site and the management of Bookings, in accordance with the GDPR and the Privacy Policy.
Space : Means the premises located at 35 rue de Talleyrand, 1st floor, 51100 Reims, within which the Provider provides the Services.
Parties : Means collectively the Provider (SACRE LAB) and the Client.
Privacy Policy : Means the separate document, accessible on the Site, detailing how the Provider processes Personal Data.
Services : Means the one-off workspace hire services offered for Booking on the Site, including, without limitation:
“Meeting Room Hire”;
“Photo/Video Studio Hire”. Each Service is described on the Site in terms of its duration (e.g. half day, full day), its capacity and the equipment included.
House Rules : Means the document setting out the rules of use, safety and communal living within the Space. This document is deemed to have been communicated to the Client (by display in the Space and/or via the Site) and must be complied with by the Client and any person accompanying them.
Booking : Means the act by which the Client selects one or more Services on the Site, accepts these Terms and pays the price in full, thereby making a firm commitment.
Site : Means the Provider’s online booking website, accessible at http://app.collab-coworking.fr/ , together with all its components (infrastructure, code, graphic charter, texts, images, etc.).
User : Means the Client or any natural person (colleague, employee, guest, corporate officer…) present in the Space under the Client’s responsibility in connection with the performance of the Service.
ARTICLE 2: PURPOSE AND SCOPE
2.1. Purpose
The purpose of these General Terms and Conditions of Sale and Use (hereinafter the “Terms”) is to define the terms and conditions under which SACRE LAB (the “Provider”) gives the Client access to its online booking Site and to the one-off Space hire Services offered on it.
They govern the entire contractual relationship between the Provider and the Client, from access to the Site through Booking and payment to the end of the Service.
2.2. Scope
These Terms apply to all Bookings of Services made by a Client on the Site http://app.collab-coworking.fr/ .
Any Booking on the Site implies the Client’s full, complete and unreserved acceptance of these Terms, which the Client acknowledges having read before confirming their order. Acceptance is evidenced by a mandatory checkbox during the Booking process.
2.3. Professional Status (B2B protection clause)
The Site is intended exclusively for professional customers (legal persons or natural persons acting in the course of their commercial, industrial, craft, liberal or agricultural activity).
By ticking the box accepting the Terms, the Client declares and warrants on their honour that they:
Are acting in a professional capacity, for purposes falling within the scope of their activity.
Have the capacity and authorisations required to contract on behalf of their entity.
Acknowledge that the contract is therefore concluded between two professionals and that, consequently, the protective provisions of the French Consumer Code, in particular the right of withdrawal, do not apply.
The Provider reserves the right to refuse any Booking from a Client who is unable to prove their professional status.
2.4. Precedence and Enforceability (protection against the Client’s general terms of purchase)
These Terms constitute the entire agreement between the Parties for Bookings made on the Site.
They shall in all cases prevail over any other document, and in particular over any general terms and conditions of purchase or other documents issued by the Client , whatever their content and whenever they may have been brought to the Provider’s attention. The Provider’s performance of a Service shall under no circumstances constitute acceptance of such conditions.
2.5. Order of Precedence Clause (Occupants vs. Main Contract)
For Clients who are also bound to the Provider by a Coworking Services Agreement (hereinafter the “Main Contract”, such as for a private office or a dedicated desk), these Terms apply to any one-off Booking made on the Site.
However, in the event of an established contradiction between the terms of the Main Contract and these Terms, the provisions of the Main Contract shall prevail.
It is expressly specified that:
Hour quotas (for meeting rooms or otherwise) or pricing benefits provided for in the Main Contract apply to online Bookings only if the Site allows it and explicitly states so at the time of Booking.
Any Booking made online by a Client holding a Main Contract, once their quotas are used up or for a Service not included in their Main Contract, shall be considered a new paid Booking, fully subject to the conditions (including pricing conditions) of these Terms.
ARTICLE 3: CONDITIONS OF ACCESS TO AND USE OF THE SITE
3.1. Access to the Site
The Site is accessible 24 hours a day, 7 days a week, subject to interruptions required for technical maintenance or updates, or in the event of force majeure.
The Provider uses reasonable means to ensure quality access to the Site but is under no obligation to achieve a specific result in this respect.
3.2. Mandatory Account Creation
Booking Services on the Site is conditional upon the mandatory creation of a Client Account.
The Client undertakes to provide accurate, complete and up-to-date information when creating their Account (in particular their company name, SIRET number, email address and identity). The Client is solely responsible for the accuracy of the information provided.
3.3. Management of Login Details
Access to the Account is secured by a username (email address) and a password chosen by the Client. These login details are strictly personal and confidential.
The Client is solely responsible for the use of their Account and login details. The Client undertakes to keep them secret and not to disclose them. Any Booking made through an Account shall be deemed to have been made by the holder of that Account.
In the event of loss, theft or suspected fraudulent use of their login details, the Client must inform the Provider without delay.
3.4. Right of Suspension or Refusal (protection clause)
The Provider reserves the right to refuse the creation of an Account or to suspend or close an existing Account, without notice or compensation, in particular in the event of:
Breach of these Terms or of the House Rules;
Non-payment of sums due (including for previous services);
Provision of false or out-of-date information;
Suspected fraudulent or unlawful use of the Site or the Services.
3.5. Obligations of the Site User
When using the Site, the Client shall not:
Introduce malicious data or viruses, or attempt to gain fraudulent access to the Provider’s systems.
Disrupt the proper functioning of the Site.
Use the Site for unlawful purposes or to make speculative or fraudulent bookings.
ARTICLE 4: DESCRIPTION OF THE SERVICES
The Provider mainly offers for Booking on the Site the one-off hire of Spaces:
“Meeting Room Hire”
“Photo/Video Studio Hire”
4.1. Contractual description (protection clause)
The Provider endeavours to present the Services on the Site as accurately as possible.
However, the contractual, enforceable and exhaustive description of each Service (hereinafter the “Service Sheet”) is the one shown on the booking page dedicated to that Service at the time of Booking.
This Service Sheet details in particular:
The maximum capacity of the Space;
The hire units available (hourly with a minimum, half day or full day);
The list of equipment and materials included in the basic Service;
The list and pricing terms of optional services or equipment (such as, for example, the use of paper backdrops charged per metre for the studio).
The Client acknowledges that by confirming their Booking, they accept the specific conditions, equipment and limits described in the Service Sheet, which forms an integral part of the Contract.
4.2. Availability
Services are offered for Booking subject to the available time slots, as displayed in real time on the Site at the time of Booking. The Provider cannot guarantee the availability of a Service until the Booking has been validated.
ARTICLE 5: ONLINE BOOKING PROCESS
Booking a Service on the Site requires strict compliance with the following steps:
Selection: The Client selects the desired Service (Room or Studio), the date and the time slot (hour, half day or full day).
Account: The Client logs in to their Account (in accordance with Article 3).
Verification: The Client checks the summary of their Booking (Service, date, time, price excl. VAT and incl. VAT). It is the Client’s responsibility to correct any errors before proceeding.
Acceptance: The Client must tick the box: “I declare that I have read and accept without reservation the General Terms and Conditions of Sale and Use”.
Payment: The Client pays the full amount (100%) of the Booking, in accordance with Article 7.
5.1. Formation of the Contract
The Contract is deemed to be formed and the Booking is firm, final and binding on the Parties only when the Provider receives confirmation of full payment for the Service.
5.2. Booking Confirmation
As soon as the Contract is formed, the Provider undertakes to send the Client a Booking Confirmation at the email address associated with their Account.
This document summarises the details of the Service (type, date, place) and the amount paid, and contains a link to these Terms. The Client must keep this document and present it on arrival if requested.
ARTICLE 6: PRICING
6.1. Prices
The prices of the Services are shown on the Site in euros (€) and are stated excluding VAT (excl. VAT) , in accordance with practice between professionals.
The total amount payable by the Client (including Value Added Tax (VAT) at the French statutory rate in force on the date of the order) is displayed in the Booking summary, before the payment step.
The applicable prices are those in force on the date of the Booking. The Provider reserves the right to change its prices at any time, but Services will be invoiced on the basis of the prices in force when the Booking is validated.
6.2. Optional services
The prices of optional Services (such as, for example, “backdrop per metre” or the hire of specific equipment) are detailed in the Service Sheet and are invoiced in addition, either at the time of Booking or after the Service, as indicated in the Service Sheet.
ARTICLE 7: PAYMENT TERMS
7.1. Due date
Payment of one hundred per cent (100%) of the total amount of the Booking incl. VAT is required in advance, when the order is placed on the Site.
No Booking will be confirmed and no access to the Space will be guaranteed until full payment has been received and validated by the Provider.
7.2. Means of payment
Payment is made exclusively by bank card (Visa, MasterCard, American Express) via the secure payment system of the provider Stripe, or any other provider that SACRE LAB may substitute for it.
The Client warrants that they are fully authorised to use the payment card to pay for their Booking. The Provider shall not be required to provide the Service if the Client does not have the necessary authorisations or if payment is refused by the bank.
7.3. Invoicing
A detailed invoice, made out in the name (company name) given by the Client in their Account, will be issued and sent to the Client by email after validation of payment and sending of the Booking Confirmation.
7.4. Non-payment or Late Payment (Additional payments)
Where sums remain due after the Service (for example, for optional services used on site or damage charges), and failing payment by the due date shown on the corresponding invoice, the Client shall automatically be liable, without prior formal notice, for:
Late payment penalties calculated on the basis of the interest rate applied by the European Central Bank (ECB) to its most recent refinancing operation, plus 10 percentage points, payable from the day following the due date.
A fixed indemnity for recovery costs of 40 (forty) euros, in accordance with Article L. 441-10 of the French Commercial Code, without prejudice to the Provider’s right to claim additional compensation on presentation of supporting documents if the recovery costs incurred are higher.
ARTICLE 8: CHANGES, POSTPONEMENT AND CANCELLATION
8.1. Notification procedure (protection clause)
To be valid and enforceable, any request for cancellation or postponement from the Client must be notified to the Provider in writing, exclusively by email to: coucou@collab-coworking.fr .
The date and time at which the said email is received by the Provider’s servers shall be authoritative for calculating time limits and any applicable penalties or charges.
8.2. Cancellation by the Client: Penalties (B2B scale)
If the Client cancels the Booking, the following penalties (calculated on the total amount of the Booking incl. VAT) shall be retained by or payable by the Client:
For a cancellation received MORE than 13 (thirteen) calendar days before the start date of the Service:
0% penalty. The total amount of the Booking will be refunded to the Client in full.
For a cancellation received between 13 (thirteen) and 7 (seven) calendar days (inclusive) before the start date of the Service:
30% of the total amount of the Booking incl. VAT is payable. The Provider will refund 70% of the amount paid.
For a cancellation received between 6 (six) and 4 (four) calendar days (inclusive) before the start date of the Service:
80% of the total amount of the Booking incl. VAT is payable. The Provider will refund 20% of the amount paid.
For a cancellation received 3 (three) calendar days or less before the start date of the Service (or in the event of a “no-show”):
100% of the total amount of the Booking incl. VAT is payable. No refund will be made.
Any refund due from the Provider will be made within 30 (thirty) days by crediting the bank card used for the Booking, unless technically impossible.
8.3. Postponement by the Client
The Client may request the postponement of their Booking, provided that the following cumulative conditions are met:
The postponement request must be notified by email (Art. 8.1) at least 1 (one) calendar week before the start date of the Service.
Postponement is allowed once (1) only per Booking.
The new Booking date must be set within a maximum period of 6 (six) months following the date of the original Service.
If these conditions are met, the initial payment will be applied to the new Booking. If the new date is not set within the 6-month period, the Booking will be considered definitively cancelled and the sums paid will be retained by the Provider, with no possibility of refund.
8.4. Cancellation by the Provider (SACRE LAB)
Should the Provider be obliged to cancel a Booking (other than in a case of force majeure as defined in Article 14), it undertakes to inform the Client by email as soon as possible.
The Provider will then offer the Client, at the Provider’s sole choice:
Either postponement of the Service to a later date, free of charge;
Or a full refund of 100% of the sums paid.
The Client may not claim any other compensation of any kind whatsoever (such as travel costs, loss of opportunity, indirect damage…) as a result of this cancellation.
8.5. Partial use of the Service (protection clause)
The time slot booked by the Client is firm and indivisible. Any Service that has started is due in full.
No refund or credit note will be granted in the event of late arrival or early departure of the Client (or its Users) during the Booking slot.
ARTICLE 12: INTELLECTUAL PROPERTY
All elements making up the Site, whether visual or audio, including its architecture, code, graphic charter, texts, photographs, illustrations, logos and trademarks (such as “SACRE LAB” or “Collab Coworking”), are the exclusive property of the Provider (SACRE LAB) or are used under a licence granted to it.
Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the Site, by any means whatsoever, is strictly prohibited without the prior written authorisation of the Provider.
By creating an Account, the Client is granted only a simple personal, non-exclusive and non-transferable right of use to access the Site’s service, solely for the purposes of consultation and Booking.
ARTICLE 13: PERSONAL DATA (GDPR protection)
In connection with the operation of the Site and the provision of the Services, the Provider, as data controller, collects and processes Personal Data concerning the Client (and its representatives).
The purposes of this processing are as follows:
Management of the contractual relationship: creation of the Account, management of Bookings, payment, invoicing and performance of the Service. (Legal basis: performance of the Contract).
Sending commercial and marketing communications: sending newsletters, promotions or information about the Provider’s services. (Legal basis: the Client’s consent, given by ticking a separate “opt-in” box when creating the Account).
Compliance with the legal and accounting obligations of the Provider.
The Provider undertakes to process this data in accordance with Regulation (EU) 2016/679 (GDPR) and French Law No. 78-17 (“Informatique et Libertés”).
For full information on the Personal Data collected, retention periods, recipients and how to exercise their rights (access, rectification, erasure, objection…), the Client is expressly invited to consult the Provider’s Privacy Policy , accessible via a hyperlink on the Site.
Acceptance of these Terms does not constitute acceptance of the Privacy Policy, which is the subject of separate information and, where applicable, separate consent.
ARTICLE 14: FORCE MAJEURE
Neither Party shall be held liable if the performance of the Contract is delayed or prevented by an event of force majeure, as defined by Article 1218 of the French Civil Code and by French case law.
The following are in particular considered events of force majeure, without limitation: natural disasters, floods, fires (in the Space or its surroundings), general power failures or failures of external telecommunications networks, cyberattacks, wars, epidemics or pandemics leading to government restrictions, mandatory administrative decisions (e.g. administrative closure), national strikes or acts of terrorism.
Should such an event occur, the Party prevented from performing must inform the other as soon as possible. Performance of the obligations will be suspended. If the impediment continues for more than thirty (30) days, either Party may terminate the Contract automatically, without any compensation being due.
ARTICLE 15: MISCELLANEOUS PROVISIONS
15.1. Severability
If one or more provisions of these Terms are held to be invalid or declared as such pursuant to a law or a final court decision, the other provisions shall retain their full force and effect.
15.2. No waiver
The fact that one of the Parties does not invoke a breach by the other Party of any of its obligations shall not be interpreted as a waiver of the obligation in question for the future.
15.3. Amendments to the Terms (protection clause)
The Provider reserves the right to amend these Terms at any time to adapt them to legislative or technical changes or to changes in its service offering.
The new Terms will be brought to the Client’s attention by being published on the Site. The Terms applicable to a Booking are those in force on the date and at the time of validation of payment for that Booking, which the Client accepts by ticking the dedicated box.
For Clients who already have an Account, the amendments will apply to any new Booking made after the amendment.
ARTICLE 16: GOVERNING LAW AND DISPUTE RESOLUTION (B2B protection clause)
16.1. Governing law
These Terms and the entire Contract are governed, both as to their interpretation and their performance, by French law .
16.2. Attempt at amicable settlement (Mediation)
In the event of a disagreement or dispute arising from the interpretation or performance of the Contract, the Parties undertake to seek an amicable solution before taking any legal action.
To this end, the first Party to act must notify the other Party of the dispute by registered letter with acknowledgement of receipt. If, after a period of thirty (30) calendar days, the Parties have not reached an agreement, they undertake to have recourse to a contractual mediation procedure or any other alternative dispute resolution method.
This mediation procedure is a mandatory precondition to bringing legal proceedings, except for protective measures or summary proceedings.
16.3. Jurisdiction (Reims courts)
Failing an amicable resolution or successful mediation within the agreed time limits, all disputes to which the Contract may give rise shall be subject to the exclusive jurisdiction of the competent Courts of Reims (France) , notwithstanding multiple defendants or third-party claims.