The site https://www.wilout.com is published by the company Wilout, SAS registered with the Antibes RCS under number 820 656 346, whose head office is located 14 rue Jean Raymond Giacosa 06800 Cagnes-sur-Mer.
Publishing director: Mr Raphael Coulmeau
Contact email: support@wilout.com
The site https://www.wilout.com is hosted by the company Webflow, Inc., whose head office is located at 398 11th Street, 398 11th Street, 2nd Floor San Francisco, CA 94103, United States, with the telephone number: +1 415-964-0555.
Les services disponible sur https://wilout-online.com sont hébergés par la société Scaleway, située en France.
Wilout is an online ticketing solution allowing event organizers (hereinafter referred to as” The Organizers ”) to sell admission tickets (hereinafter referred to as” Entry fees ”) giving access to events (hereinafter referred to as” The Events ”) .These General Terms and Conditions of Sale and Use (” CGVU ”) detail the conditions under which Wilout offers access to its services. They describe all the reciprocal obligations between Wilout and the Organizers.
Any Organizer acknowledges having read, understood and unreservedly accepted all of these Terms and Conditions.
In addition to the terms defined in the body of the CGVU, the following is understood to mean: - Ticket: the materialization on a digital medium of one or more Entry Rights allowing access to an Event.- Participant: any natural or legal person who has acquired a Ticket.- Account Reporting: the register summarizing all the sales of Admission Fees made by Wilout on behalf of the Organizer, from the opening to the closing of the Ticket Office., whose terms and conditions are defined in article 8.- Services: the services offered by Wilout described in article 2.- Site: the website wilout.com.- User: any person who accesses the Site.
Wilout provides Organizers with a tailor-made online ticketing solution, configured according to the specific needs related to its Event.
The Organizer can create its personalized ticketing system (hereinafter “the Box Office”) after creating an Organizer Account by following the steps described in article 4.1.The Box Office is then accessible through the Site and/or through a Wilout module integrated into the Organizer's white label website or on its social networks.
Through this Box Office, Wilout ensures the materialization of Entry Fees and then the sale of these to the public.
By setting up and validating the posting of its Ticket Office online, the Organizer gives Wilout a mandate to materialize and sell, in its name and on its behalf, the Entry Fees giving access to the Event in question.
Within the framework of this mandate, Wilout acts as a commission agent, i.e. in its own name but on behalf of the Organizer, in accordance with the provisions of article L.132-1 and following of the Commercial Code.
It is expressly specified that Wilout only intervenes at the stage of the materialization of the Entry Fees and their sale in the name and on behalf of the Organizer. Thus, Wilout cannot be held liable in any way for the organization of an Event, the conduct and smooth running of which are the sole responsibility of the Organizer.
Thus, the purchase of an Entry Ticket simply obliges Wilout to issue and deliver a Ticket for the chosen Event, and at the same time creates a contractual relationship between the Organizer and the purchaser of an Entry Ticket, who thus undertakes to respect the conditions of sale and access to the Event specific to the Organizer.
4.1. Creating an Organizer account
To be able to benefit from the Services, the User must create an Organizer Account on the Site, by completing all mandatory fields and by validating these Terms and Conditions with a check box.
The Organizer undertakes to enter his complete contact details in his Organizer Account (name, telephone details, address, address of the head office) and his bank details. The Organiser undertakes to report to Wilout without delay any change in any of this information.
When creating his Organizer Account, the Organizer is invited to choose a username and password, of which he is the sole guarantor.
As such, the Organizer declares to be informed that it is advisable to choose a password that is as complex as possible, ideally containing letters, numbers and special characters. It is also recommended that you change it regularly in order to avoid account theft. Once an Organizer account has been created, the User acquires the status of Organizer.
Once an Organizer account has been created, the User acquires the status of Organizer.
4.2. Creating a ticket office
The Organizer can create and configure one or more Ticket Office (s) by connecting to his Organizer Account.
With each request to create a Ticket Office, the Organizer indicates: - The wording of the Ticket Office; - The description, place and date of the corresponding Event; - The price or, where applicable, the various price categories of the Entry Right (s) and, where applicable, the supporting documents to be provided by any participant benefiting from a particular price when accessing the Event; - The conditions of sale and access to the Event; - The conditions of sale and access to the Event specific to the Organizer; - The maximum number of Entry Fees that he wishes to be put on sale (hereinafter “the Quota”), number that must in no case exceed the actual capacity of the Event location.- The closing date of the Ticket Office, which occurs, at the latest and by default, on the end dates and times of the end of the Event concerned.
It is up to the Organiser to determine all of these elements, in strict compliance with the law, public order and good morals.
Any inaccurate or misleading information is likely to engage the responsibility of the Organizer in respect of the Participants, and Wilout cannot under any circumstances be held liable in this respect.
The Organizer is solely responsible for setting up his Box Office and in particular for the price (s) of the Entry Fee, the amount of which he freely sets, it being specified that it is his responsibility to specify the applicable VAT rate.
Prior to putting his Ticket Office online, the Organizer validates all the parameters he has defined.
It is specified that Wilout reserves the right to refuse, at its discretion, the creation and online publication of a Ticket Office, without being held liable in this respect.
Likewise, putting a Ticket Office online may be subject to the production of any supporting document that Wilout deems useful.
4.3. Organizer Ticketing Settings
The Organizer can set up his Box Office via his Administrator Interface or ask Wilout to perform this configuration on his behalf, according to his precise instructions, by contacting technical support. It is specified that Wilout's intervention is then only technical and that the Organizer remains solely responsible for setting up its Ticket Office.
The Organizer, to the exclusion of any other User, has the right to access and control the settings of the Ticket Office and the data relating to Events.
Thus, the Organizer may, for example, choose at any time to: - Modify the Quota, subject to the Entry Fees already sold in accordance with the Quota in force on the day of said modification; - Create new price categories; - Modify the prices of the Admission Fees remaining on sale; - Close the Box Office.
The Organizer has access, through his Organizer Account, to the Ticketing back office (hereinafter the “Administrator Interface”). The Administrator Interface allows the Organizer to view in real time the number of Admission Rights sold as well as the turnover achieved through the Ticket Office.
6.1. Deletion at the initiative of the Organizer
Any Organizer is entitled to deactivate their Organizer Account, without reason, by going to the “My Account” section of their Organizer Account.
Wilout cannot be held responsible for the consequences related to the deletion of an Organizer's Organizer Account, in particular for Tickets not closed on the date of the deletion request.
6.2. Suppression at the initiative of Wilout
In the event of a serious and/or repeated breach of one or other of the provisions of these Terms and Conditions, Wilout reserves the right to deactivate an Organizer Account, without the Organizer being able to receive any compensation in this respect.
Wilout reserves the right to deactivate inactive Organizer Accounts.
An Organizer Account is considered inactive if it has not been used for a continuous period of twelve months.
Wilout cannot be held responsible for any inconvenience caused by the deactivation of an inactive Organizer Account, which does not entitle the Organizer concerned to any compensation.
7.1. Content of the information posted online by the Organizer
Every Organizer guarantees the veracity and accuracy of the information provided during the process of creating their Organizer Account and their Ticket (s). In the event of a subsequent change in any of this information, the Organizer undertakes to modify the related data without delay.
The Organizer certifies that it has the rights to exploit and use the images and texts that it communicates to Wilout and that it places online on the Site and through the Services. It guarantees Wilout against any possible action by a third party in this respect.
When putting content online through a Box Office, the Organizer is required to comply with the legal and regulatory provisions in force.
Thus, the Organizer is expressly prohibited from publishing any content that is offensive, defamatory, denigrating, defamatory, defamatory, defamatory, defamatory, defamatory, infringing public order or the rights of third parties, likely to harm the rights, reputation and image of Wilout and more generally, whose content would violate the law and/or regulations, in particular criminal order.
The Organizer also undertakes not to publish any content that: violates the intellectual property rights of third parties; disrupts or disrupts the functioning of the Site and/or Services.
As a host within the meaning of article 6-I-2 of law No. 2004-575 of 21 June 2004 on confidence in the digital economy, Wilout does not exercise any prior control over the content published by the Organizers.
If clearly unlawful content is brought to the attention of Wilout, Wilout will act promptly to remove this data or make access impossible.
Any Organizer who has published content on the Site acknowledges that this content will be made public and freely accessible to any User. The Organizer transfers to Wilout its intellectual property rights (right of use, reproduction, representation, representation, exploitation, adaptation, transformation) for the whole world until the deletion of its Organizer Account.
7.2. Modification/cancellation of an Event
It is recalled that the Organizer is required to reimburse Participants for the full price of the Entry Fee paid in the event of cancellation or substantial modification of the Event after the actual sale of said Entry Fee.
In the event that an Event is canceled or postponed, the Organizer undertakes to inform Wilout without delay and will make its personal business of informing the Participants in good time, being reminded that Wilout cannot be held responsible for the Organizer's communication about the Event and its organization.
In such a case, the terms of exchange or reimbursement of the Ticket will be subject to the conditions of the Organizer.
In the event of reimbursement of an Entry Fee to the Participant, it is recalled that the Organizer has the obligation to reimburse the entire price paid.
The Organiser also acknowledges being informed that in the event of reimbursement of an Entry Fee for any reason whatsoever, Wilout will keep its Remuneration, as defined in article 8 below.
The Organizer may subscribe at any time to the option of taking charge of the management of reimbursements by Wilout, which is described in article 8.2 below.
7.3. Organizer Guarantees
The Organizer certifies that it has the right to distribute the Tickets relating to the Event, as well as all the property rights, exploitation and authorizations required for the organization of the Event whose Tickets will be sold by Wilout.
In this respect, it guarantees Wilout against any action or claim by any third party on any basis whatsoever and in particular that may result from any exclusivity in the distribution of Event Tickets that may engage it.
The Organizer undertakes to scrupulously respect all the regulations governing the Events it organizes (in particular safety standards, regulations on drinking establishments, provisions of the Labor Code), Wilout cannot be held liable in this respect. The Organiser thus guarantees Wilout from any convictions that may be pronounced against it in connection with the non-compliance with such regulations.
The Organizer undertakes to accept all Tickets issued through the Wilout Box Office that will be presented to him when accessing the Event.
The Organizer is solely responsible for informing Participants of any supporting documents that may be required to access the Event, this information must be provided as soon as the Ticket Office is created.
7.4. Organization of the event
The Event takes place under the sole responsibility of the Organizer.
The Organizer is also solely responsible for accounting for Tickets and Participants in the Event or for checking Tickets when accessing the Event.
The Organizer undertakes to organize each Event at the agreed dates, times and locations, and in accordance with the announced programming, the specific conditions announced and the regulations in force.
The Organizer is prohibited from organizing Events that are unlawful under the texts in force.
7.5. Use of the Site and Services
The Organizer undertakes to make fair use of the Site.
In addition, the Organizer is solely responsible for his personal username and password and undertakes not to disclose them.
In the event that its Organizer Account is used by an unauthorized third party, the Organizer concerned by this unlawful use undertakes to inform Wilout immediately, which will then do its best to take the appropriate measures.
Any Organizer acknowledges that they are solely responsible for the consequences of the use of their Organizer Account, whether by themselves, by an unauthorized third party or by any person to whom they would have allowed access to it.
The Organizer undertakes to inform Wilout without delay if it should notice a malfunction of the Services or the Wilout Site.
8.1. Collection of ticket prices on behalf of the Organiser
Wilout collects and collects the price of Tickets from Participants in its name and on behalf of the Organizer.
Provided that the latter has filled in his complete and accurate bank details when creating his Organizer Account, Wilout then pays the proceeds of these sales to the Organizer, minus his Remuneration, as defined in article 8.2 (hereinafter the “Sales Proceeds”) .This payment will be made every Monday. This payment will be made every Monday, it being specified that Wilout is not responsible for any interbank delays that could delay the arrival of the Sales Product on the bank account of Organiser.
In the event of disagreement by the Organizer as to the amount of a payment made by Wilout, the Organizer must formulate his objections in writing within a maximum of eight (8) days from receipt of said payment. After this period, the settlement is considered valid and definitively liberatory.
It is specified that in case of doubt, for example, about the smooth running of the Event or about the identity of the Organizer and the extent of its rights, Wilout reserves the right to suspend the payment of Sales Proceeds and may ask the Organizer for any additional supporting documents it deems necessary. Wilout may also contact Participants to ensure the smooth running of the Event. In such a case, Wilout has the right to keep the Sales Proceeds until the requested supporting documents are fully produced or until confirmation of the smooth running of the Event is obtained.
Each Event gives rise to an individual Report.
In accordance with the billing mandate granted to it by the Organizer, Wilout issues invoices in the name and on behalf of the latter by means of the Account Statement, which will clearly show the amount excluding tax of sales made by Wilout, as well as the amount of its Remuneration, all increased by VAT under common law conditions.
It is assumed that the Organiser remains solely responsible for its own fiscal obligations notwithstanding the billing mandate. Thus, he undertakes to inform Wilout of any mandatory information that is missing on his invoices. The Organizer is also personally responsible for the payment to the Public Treasury of the VAT applicable to the Sales Product and any taxes, duties or taxes in force in the country where the Event is held and will hold Wilout harmless from any liability in this respect.
The Organiser alone is required to assume the risks of unpaid invoices, in particular in the event that a ticket purchase by bank card is rejected after the validation of the sale. In this case, in addition to Wilout having to be reimbursed for the proceeds of the said sale, which would have already been paid to the Organizer, Wilout's Remuneration for the sale in question will remain with him.
8.2. Wilout compensation
In return for Services, Wilout receives a remuneration (hereinafter referred to as “the Remuneration”) corresponding to 2.5% including VAT of the price of each Entry Ticket sold through the Box Office with a minimum of 0.85 euros including VAT per Entry Fee sold.
If the Admission Fees are free, Wilout does not receive any commission.
The amount of the Remuneration is deducted from the Sales Proceeds prior to its payment to the Organizer and is invoiced by Wilout.
It is expressly agreed that Remuneration remains due in all circumstances. Thus, in the event of the cancellation of an Event, the Remuneration remains earned in respect of the Tickets actually sold on the closing date of the corresponding Box Office.
The same applies in the event of a refund of a Ticket to a Participant for any reason whatsoever.
8.3. Management of reimbursements to Participants
The reimbursement of Entry Fees to Participants is the responsibility of the Organizer, who must then in particular make it his personal business to collect the bank details of each Participant.
However, the Organizer has the option of opting for Wilout to take charge of the management of reimbursements to Participants.
Refunds will then be made by Wilout, subject to the transfer by the Organizer and prior receipt by Wilout of the funds corresponding to the total amount of these refunds that would not already be in its possession.
In return for this optional service, Wilout will receive a fixed additional remuneration corresponding to 5% including VAT of the amount of each Reimbursed Entry Fee with a minimum of €2 including VAT per Refunded Entry Fee. This additional remuneration will be payable within fifteen (15) days from the date of issue of the corresponding invoice by Wilout.
8.4 Compensation
The Organizer recognizes the principle of compensation under the conditions of article 1291 of the Civil Code provided that the claims are reciprocal, certain, liquid and payable. In the event of compensation by WILOUT, the latter must inform the Organizer of the invoices (specifying the date and number) included in the compensation payment, in order to meet the perfect accounting of these operations.
9.1. Access to the Site and Services
Access to the Site and the Services requires a high-speed Internet connection.Wilout cannot in any way guarantee that the Services and/or the Site will not be interrupted, given the technical difficulties inherent in the Internet network. As a result, its responsibility cannot be incurred, in particular, in the event of a malfunction in access to the Site or the Services, of a temporary impossibility of accessing them, and of a temporary slowdown in the speed of opening the pages of the Site. Moreover, Wilout will never be responsible for everything malfunction or deterioration of the Organizer's computer equipment, in particular in the event of contamination by a virus.Wilout may be required to ensure maintenance operations on the Site and will endeavor to notify Users 24 hours in advance. However, it is recognized that Wilout can never be held liable in the event of a temporary suspension of access to the Services for reasons of maintenance of the Site.
9.2. Editing and sending Tickets
Wilout undertakes to issue the Tickets in accordance with the settings made by the Organizer and in compliance with the legal provisions relating to the edition of show tickets in force. Thus, in accordance with the provisions of the Decree of 5 October 2007 relating to the obligations of operators of shows involving an admission price, Wilout undertakes to:. Issue Tickets containing the following information in an apparent manner or in coded form: identification of the operator, name of the Event, category of seats to which it is eligible, total price paid by the Participant or, where applicable, mention of free admission, mention of free admission, operation number assigned by the ticketing system, address, date and time of the Event. Transmit to any Organizer who requests it, the elements necessary to describe the ticketing system put in place, as required by article 8 of the said decree;. Keep the data relating to the issue of Tickets and allow access to them to the Organizer in the event of an inspection. Wilout is responsible for processing orders and sending Tickets to Participants electronically by sending an email containing the Ticket in digital format or a link allowing the Ticket to be downloaded. However, Wilout cannot be held liable in the event of any malfunction in the Participant's computer terminal or mailbox.
9.3. Personal Data of Participants
Wilout exclusively provides the Organizer with the personal data of Participants allowing their identification (name, first name, email address, date and time of purchase) as well as their Ticket number, in particular for security purposes. It is expressly specified that the Participants' bank data, collected by Wilout's payment provider, may under no circumstances be transmitted to the Organizer. The Organizer undertakes to maintain the confidentiality of any personal data to which it may have access in strict compliance with the “Informatique et Libertés” Law of January 6, 1978.
9.4. Unauthorized third party use of an Organizer Account
Wilout cannot be held responsible for the consequences of the use of an Organizer Account by an unauthorized third party by an unauthorized third party, unless the Organizer concerned shows fault. In this case, the burden of proof of Wilout's fault lies with the Organizer concerned.
9.5. Content of the information posted online by the Organizers
Wilout reserves the right to filter and moderate the information and content posted online by the Organizers through the Services. However, Wilout does not guarantee the accuracy of this information and content. As a host, Wilout cannot be held responsible for the inaccuracy or irrelevance of the data and information provided by the Organizers. It is recognized that Wilout only acts as an intermediary. As a result, Wilout remains completely uninvolved in any disputes that may arise between the Organizer and the Participant (s), in particular as a result of the content posted online by the latter.
9.6. Limitations of liability
Wilout cannot be held liable for any difficulty in connecting to the Site or to the Services, regardless of the cause, experienced by a Participant.Wilout cannot be held liable for indirect, incidental or incidental damages, foreseeable or unforeseeable, caused to the Organizer and in particular, losses of earnings or profits, losses of data or equipment, including the costs of repairing such losses, resulting from the use of the Site or the Services.
9.7. Force majeure
Wilout cannot be held responsible for a breach of one or other of its obligations if this breach was caused by an event of a force majeure nature within the meaning of French case law.
Wilout reserves the right, in order to facilitate the navigation of Users on the Site, to place cookies (cookies or similar files) on their connection terminals. The role of cookies is in particular to identify the Organizer more quickly when connected and to facilitate electronic communication. Cookies also allow Wilout to measure the audience of the Site.Wilout cannot guarantee the optimal functioning of the Site if a User refuses to receive cookies. However, any User may refuse to receive cookies from Wilout by configuring their Internet browser.
All the elements composing the Site (texts, comments, brands, brands, company names, company names, names, companies, names, companies, names, domains, etc.) are strictly protected by intellectual property law and are the exclusive property of Wilout and/or its commercial partners.The fact that an Organizer is able to use the Site does not constitute any transfer or authorization to exploit or use any of the elements that make up the Site. Any reproduction or total or partial representation of the Site and/or of one or several of its elements is strictly prohibited, except with the prior written authorization of Wilout and/or its partners.
Wilout reserves the right to modify these Terms and Conditions at any time, partially or totally, these Terms and Conditions. Any User is deemed to accept the current version of the Terms and Conditions each time they connect to the Site. The Organizers will be informed of the modification of the Terms and Conditions when they first connect to their Organizer Account following the modification. In the event that an Organizer does not accept the modification, he will no longer be able to access the Services and will be free to delete his Organizer Account.
If one or more clauses of these Terms and Conditions are held to be invalid pursuant to a law, regulation or following a court decision that has become final, the other clauses will remain in full force and scope.
The Organizer authorizes Wilout to mention its name on its Site and its commercial documentation, as a reference. This authorization applies to all commercial communications from Wilout regardless of the medium. The Organizer may request the removal of identifying references in these communications at any time and Wilout will then make the requested changes as soon as possible.
Writing in electronic form will be an admissible method of proof of the rights and/or obligations of the parties to these Terms and Conditions. The computerized records, kept in Wilout's computer systems under reasonable security conditions, are considered as proof of communications, orders and payments between Wilout and the Organizers.
Wilout and the Organizers declare that they are completely independent of each other, each assuming the risks of its services and obligations.No provision of these Terms and Conditions can be analyzed in the sense of the existence of any relationship of subordination between Wilout and an Organizer, of a de facto or joint venture or of any mandate.
These CGVU are governed by French law. Any dispute resulting from the formation, interpretation or execution of these TGVU will be under the exclusive jurisdiction of the courts of the jurisdiction of Nice, notwithstanding multiple defendants or warranty claims.