Terms & Conditions
Clause 1 – Definitions
In these General Conditions for participation in the Private Showcase Event (hereinafter referred to as ‘Conditions') the following terms are given to have the following meanings: Event(s): Salon X Private Showcase Event in Miami, London and Cape Town. Organiser: Inficon Consulting Ltd. t/a Nala Swiss., incorporated with registered number 193058, Suit 15, 1St Floor Oliaji Trade Centre, Francis Rachel, Street, P.O. Box 1004, Victoria, Mahé, Republic of Seychelles. Exhibitor: any natural or legal person with whom the Organiser negotiates the conclusion of an Agreement, Agreement: the agreement concluded between the Organiser and Exhibitor for participation in the event and any amendments or additions to that agreement.
Clause 2 – Applicability
These Conditions constitute part of the Agreement and apply to all related (legal) negotiations between the Organiser and Exhibitor. The Organiser expressly rejects the applicability of any of the Exhibitor's or any third party's specific or general conditions or stipulations.
Clause 3 – Conclusion of an Agreement
An Agreement is only concluded if the Organiser accepts a registration by Exhibitor for participation in the Event in writing. The Organiser expressly reserves the right to refuse participation in the Event after registration without giving any reason and without the registrant being able to derive any rights from such refusal.
Clause 4 – Obligations of the Organisation
The Organiser shall take care of the preparation and organisation of the Event, the rental of the Venue and the supply of exhibition space. Only the Organiser shall allocate the Exhibitor an exhibition space in the Exhibition Venue, taking the Exhibitor's wishes into account as far as possible. The Organiser reserves the right to allocate the Exhibitor a larger or smaller stand area than Exhibitor has requested, without the Exhibitor deriving any rights from such allocation.
Clause 5 – Obligations of the Exhibitor
The Exhibitor shall remit the participation fee in accordance with what is defined in that respect in Clause 10. The Exhibitor shall furnish and decorate the stand area promptly and dismantle it in accordance with what is defined in that respect in clause 6. The Exhibitor shall use the allocated stand area solely for exhibition purpose, shall supervise or arrange supervision of his stand during the opening hours of the Event, shall not exhibit any goods at the allocated stand area under the name of third parties and/or display or distribute promotional materials of third parties, shall not exhibit or organise any promotional activities or conduct any business in the broadest sense of the words outside the allocated stand area and shall follow the instructions of the Organiser and its staff and the security personnel. The Exhibitor shall ensure that the furnishing and decoration of the stand and the goods and services exhibited are in accordance with all relevant laws and legislation, including the applicable fire regulations, municipal bye-laws and the house rules of the Exhibition Venue. The Organiser reserves the right to instruct Exhibitor, if necessary, to change the furnishing and/or decoration of his stand either in the interest of the Event or due to the aforementioned law and legislation. The Organiser is entitled, where necessary, to have changes made to the exhibition space. The Exhibitor is responsible for any associated costs. The Exhibitor is responsible for the conduct of all persons appointed by him or working under his supervision. The Organiser is entitled to remove anyone from the Exhibition Venue who is disturbing the order and peace or threatening to do so or exceeding the generally accepted bounds of respectable behaviour and good manners, the definition of such being solely at the discretion of the Organiser. The Organiser and its staff and members of the security service have free access to all stand areas at all times to exercise control or carry out work in the interests of the Event. If, during or before the Event, any reasonable doubt arises as to the origin or ownership of any object, the Exhibitor undertakes to allow the object in question to be stored in an enclosed area designated by the Organiser to determine the origin or ownership of such object. In such a case, the Exhibitor shall cooperate fully in limiting any unwelcome publicity for the Event and/or the Organiser as far as possible.
Clause 6 – Construction/dismantling time schedule
The Venue is open for setting up the exhibition areas and bringing in exhibition materials on the day of each event three hours before the event starts, unless otherwise agreed. The stands must be fully furnished and decorated by latest one hour before the event starts. Removal of the exhibition materials and dismantling of the stands must be carried out on the last day of the Event immediately after the Event finishes unless otherwise agreed. Should the Exhibitor fail to comply with the aforementioned times, then the Organiser reserves the right to take appropriate measures, including cancellation of participation in the Event and dismantling and removing the stand at the cost of the Exhibitor.
Clause 7 – Cancellation by the Organiser
The Organiser has the right to increase the number of participating brands, to cancel, relocate and/or postpone the Event by informing the Exhibitor by means of verbal and/or written cancellation and/or notification for important reasons, at the discretion of the Organiser. The Exhibitor is bound by such unless the Exhibitor cancels the Agreement by registered letter within three days of notification. The Organiser is not liable in any way for any damages suffered by the Exhibitor and/or third parties as a result of the cancellation, relocation and/or postponement. In the event of cancellation and only if the event is not postponed, the Organiser shall refund the Exhibitor any participation fees already paid by the Exhibitor at the time of cancellation, on the understanding that the Organiser may withhold all amounts necessary for covering any costs incurred in the interests of the Event. In the event of postponement, the organiser is allowed to postpone the Event and needs to suggest a new Event date within six months after the initial Event date. In case of postponement, the exhibitor is bound to the new Event date and cannot cancel the agreement. In the event of force Majeure what is defined in clause 14 applies, the Exhibitor cannot claim any refund of participation fees already paid. The Organiser advises the Exhibitor to ensure that a cancellation clause is included in his own insurance.
Clause 8 – Cancellation by Exhibitor
The Exhibitor has the right to cancel his participation in the Event until six months before the setup of the Event, giving his reasons. In this case, the Exhibitor shall pay the Organiser 50% of the total participation fee. In the event of cancellation within six months before the setup of the Event, the Exhibitor shall pay 100% of the total participation fee.
Clause 9 – Prices
All prices and other rates are expressed exclusive of turnover tax (VAT). The participation fee includes the rental of the dedicated Exhibition Space and extras agreed in writing. The participation fee does not include other costs such as transport, loading, unloading and installing Exhibitor's materials, travel and accommodation expenses for the stand personnel, or extra fitting out of the stand with additional furniture, display cases, AV, decoration or extra lighting, for example. The Organiser is entitled to charge the Exhibitor for increases in cost price factors, for example, by means of an increase in rates. If such a rate increase is charged within three months of concluding an agreement the Exhibitor is entitled to dissolve the agreement immediately.
Clause 10 – Payment
Along with the written confirmation of participation the Exhibitor will receive an invoice. The Exhibitor shall strictly observe the payment terms. No later than 12 weeks before the Event, or as much earlier as prescribed by the Organiser, the Exhibitor will receive an invoice or last part invoice for the total participation fee. Participation fees are payable immediately and in full after signature. The invoice must be remitted within three days of the invoice date. The Exhibitor shall remit the participation fee within three days whereby the participation fee must be credited to the Organiser's account within three days. If the entire participation fee has not been credited the Organiser's account twelve weeks before setup of the Event or if any due payments have been credited to the Organiser’s account with a delay of 14 days or more, then payment is still due, but participation is ruled out.
Clause 11 – Organiser' liability
The Organiser does not accept any liability for damage ensuring in any way from any acts or emissions on the part of the Organiser or its subordinates or third parties under its supervision during the setup, dismantling or duration of the Event or in any other way connected to the Event. The aforementioned includes, in particular, loss, theft or damage of materials belonging to the Exhibitor or third parties, damage as a result of power cuts, variations in current or interruptions in the heating or lighting, any injury sustained by the Exhibitor or third parties within the context of the Event, resulting damage suffered by the Exhibitor or third parties, including losses due to delays, trading losses, financial loss and immaterial damage. Neither is the Organiser liable for the content of the message expressed by the Exhibitor during the Event. Should the Organiser nevertheless be held liable then the Organiser's liability towards the Exhibitor is limited at all times to a maximum of twenty percent of the amount of the agreed participation fee.
Clause 12 –Exhibitor's liability
The Exhibitor is liable for all damage ensuring from any act or emission on the part of the Exhibitor or his subordinates or third parties under his supervision during the setup, dismantling and duration of the Event or in any way connected with the Event. The above includes, in particular, any damage caused to stand materials and injury sustained by persons during the aforementioned period in the Exhibition Venue.
Clause 13 – Indemnification
The Exhibitor indemnifies the Organiser against any claims by third parties including remuneration of losses, costs or interest. More particularly, the Exhibitor indemnifies the Organiser for all claims by third parties in respect of the use by the Organiser of any text or image material supplied by the Exhibitor, including claims by third parties in respect of (alleged infringement of) intellectual property rights and/or regulations with regard to advertising. The Exhibitor also indemnifies the Organiser against all claims by third parties whatsoever in respect of loss, theft or depreciation of goods and/or damages or injury sustained by persons connected in any way with the Event.
Clause 14 – Force Majeure
If the Organiser is unable to fulfil its obligations towards the Exhibitor due to a shortcoming, compliance with that obligation will be suspended for the duration of the force majeure. Force majeure is given to mean, in any event, any circumstance independent of the Organiser's will that obstructs the fulfilment of its obligation towards Exhibitor either partly or entirely, or due to which fulfilment of its obligations cannot reasonably be demanded of the Organiser, regardless of whether the circumstances could have been foreseen at the time of concluding the Agreement. Such circumstances include, in any event: states of emergency (such as extreme weather conditions, re and lightning strike), strikes, non-compliance by suppliers on whom the Organiser is dependent for execution of the Agreement (including the operator of the Venue and the stand building company), non-confirmation of a critical minimum number of guests, burglary and telecommunication breakdowns.
Clause 15 – Insurance
The Organiser's insurance does not cover materials belonging to Exhibitor and third parties as well as transport, delays, loss, theft, damage and depreciation thereof, personal injury and consequential loss. The Organiser expressly advises the Exhibitor to conclude the necessary insurances himself.
Clause 16 – Default / dissolution
If the Exhibitor fails to fulfil any obligation ensuing from the Agreement properly or on time then he is deemed to be in default without notice of default and the Organiser is entitled to suspend execution of the Agreement until fulfilment by the Exhibitor has been sufficiently ensured and/or dissolve the Agreement partially or entirely without refund of any payments. In the event of (temporary) moratorium on payment, bankruptcy, closure or dissolution of the Exhibitor's company, the Agreement with the Exhibitor will be legally deemed dissolved.
Clause 17 – Amendments and additions
Amendments and additions to any of the conditions in an Agreement and/or Conditions are only valid if laid down by the Organiser in writing and only apply to the Agreement in question.
Clause 18 – Transfer of rights
The Organiser is entitled at all times to transfer the rights ensuing from the Agreement to third parties. The Exhibitor is only entitled to do so after prior written consent from the Organiser.
Clause 19 – Applicable law and competent court
These Conditions and the Agreement are governed by the law of the Republic of Seychelles. Any disputes as a result of an Agreement or these Conditions shall be settled, insofar as not otherwise imperatively prescribed by law, by the competent court in Republic of Seychelles.