GENERAL RENTAL CONDITIONS
Our rental service for works of art (sculpture and assemblies) is delivered turnkey and takes care of all logistical aspects such as transport, insurance and installation of the installations.
The concept invented by the BToB Classy agency presents concrete interests for companies in terms of image and communication. The presence of our works of contemporary art in your premises as part of your strategic, managerial discussions or your training initiatives (...) allows you to assert your difference and promote the image of your company with your partners and customers.
A tax-deductible rental in France, Belgium and Luxembourg
As for real estate rent, the client company (or the liberal profession) pays rent - in the form of a license - to dispose of the works. The rental of works of art created by the artistic director of the BToB Classy agency is considered as an operating expense incurred in the interest of the company (fitting out of premises with furniture, professional training). This service is then subject to the common law regime for deductible charges (article 39-1 of the CGI). This means that the amount of the rental licenses is fully deductible from the taxable result of the tenant company and thus allows it to reduce its taxes (within the deductible limit of € 10,000 on January 1, 2020).
For example: a company subject to IS (or to IRPP for a liberal profession) can obtain a tax reduction equivalent to up to 33% of the rental price (depending on profits). In this case, if it rents a chat room for a budget of € 6,000, it generates nearly € 2,000 in tax savings.
The use of this service for the temporary acquisition of the enjoyment of works of art comes within the framework of the decoration and the fitting out of the offices (at account 613 of the general chart of accounts (furniture rental), or line 16 of declaration n ° 2035-A of the liberal professions), in the same way as the rental of plants, furniture or the purchase of elements for fitting out professional spaces.
The rent is considered as an operating expense fully deductible from the tax base provided that the works are exhibited in a place accessible to all the public of the company (meeting rooms, corridors, reception halls or reception offices).
The use of discussion spaces imagined by the BToB Classy agency is to support artistic creation and send a strong signal from companies in the dissemination of their values of creativity and openness conveyed by art.
1. Use of the rented goods
Upon delivery of the rented goods, the tenant becomes fully responsible under the terms set out in article 1384 of the Civil Code. The tenant refrains from carrying out any intervention or modification on these goods. He undertakes not to use them for illicit purposes or for purposes other than those provided for in the contract.
2. Area of use
No rental property must be dismantled or moved without the agreement and intervention of the BToB Classy agency. The tenant agrees that the rented property will not be used outside the area provided for in the contract without the prior consent of BToB Classy. The harmful consequences that would result from the use of goods outside the declared area would be entirely the responsibility of the tenant without the latter being able to claim the benefit of guarantees from the BToB Classy agency.
3. State of the rented goods
A first condition report is established at the end of the installation of the work at the client's premises, a second at the time of disassembly.
Any damage observed will be invoiced to the customer.
In the event of damage, the lessee must notify the BToB Classy agency within 24 hours by email or telephone.
Under no circumstances can the lessee take the initiative in restoring the work.
By signing the contract, the tenant accepts the works in the state in which they are and undertakes to return them in the same state.
In the event of damage resulting from an undetermined or accidental cause or from improper use, the tenant undertakes to immediately notify BToB Classy and not to take the initiative to restore the damage. BToB Classy has the exclusive choice of restorer and conduct of the repair of the damage (s). However, the tenant agrees to take care of the repair of the damage (himself or his insurance) as well as the costs of immobilization of the work. calculated on the basis of a daily allowance equivalent to 1 / 30th of its agreed value. The tenant refrains from claiming compensation for an incident or accident attributed to the condition of the goods. The amount of the repair of the damage is payable on estimate.
In the event of loss or destruction, the tenant agrees to reimburse the BToB Classy agency for the agreed value of the work mentioned in this contract and on its presentation sheet as posted on the website of the agency.
4. Duration of the contract / Duration of the exhibition license
This rental is granted for the period noted in the rental contract and mentioned in the license term. The rental is personal and it is not transferable under any circumstances. In the event of non-return of the goods by the expiry date indicated in the contract, BToB Classy reserves the right to take back the said goods anywhere, at the exclusive expense of the tenant without the latter being able to invoke an abusive termination of the rental against him.
In the event of an extension, the tenant must make a request to the BToB Classy agency at least 48 hours in advance and pay for the extension of the rental. If the duration is exceeded without the agreement of BToB Classy, the insurance will end on the dates and times initially provided for in the contract. The BToB Classy agency reserves the right to refuse any request for an extension.
5. Provision and return of goods
The rented goods whose characteristics appear on the rental contract are delivered to the address specified by the tenant from the warehouse of the BToB Classy agency (Grand Est) and installed in the premises designated by the tenant. .
They must be returned - unless otherwise agreed - at the place of the last delivery.
The outward and return transport, as well as the handling (loading, unloading, installation, assembly, dismantling) of the rented goods are exclusively carried out by the staff of the BToB Classy agency.
The transport and installation (uninstallation) of the rented work is subject to an act of purchase separate from the purchase of the rental license itself. The payment of these delivery and installation services by the tenant-client implies acceptance of the conditions of article 5 of these General Rental Conditions.
It is expected during the delivery and the recovery of the goods rented on an event one hour of free waiting. After this free waiting period, any additional waiting hour will be billed at the price of the day's labor (any hour started is due).
The tenant undertakes to ensure good accessibility of the premises and to take all measures in this direction. Failing this, the tenant agrees to pay the additional labor costs at the hourly cost price.
The tenant must take particular care to ensure that he has the minimum surface area for the installation of the work - length, width, height of the space made available. The BToB Classy agency cannot be held responsible for the impossibility of installing the rented work in a space too small to receive it. BToB Classy could, if necessary, refuse to set up the installation without the tenant having any recourse.
To avoid any such pitfall, we encourage the lessee to provide the BToB Classy agency with a dimensioned plan of the area planned for the installation of the work at least 15 days before the first delivery to the site (or to default as soon as possible).
Any possible reservation is to be formulated at the time of taking charge and must be mentioned on the contract. Any subsequent complaint will be considered inadmissible.
In case of return outside opening hours, the rented goods remain under the responsibility of the tenant.
The control carried out in the absence of the tenant will be opposable to him as if it were contradictory. He will be kept informed, if necessary, to allow him to present his observations in return.
6. Return of property
The goods must be returned to the place of collection indicated in the contract - unless otherwise agreed - or taken back to the delivery address - unless otherwise agreed.
The return must be made on the days and opening hours of the place of delivery - unless otherwise agreed. The tenant undertakes to return the goods in the state in which they were delivered as stated in article 3.
The damage noted on return will be the responsibility of the tenant. In the event of an accident, loss of goods, discovery of theft, repatriation and / or restoration and / or the declared value of the goods will be entirely the responsibility of the tenant.
In case of return outside opening hours, the rented goods remain under the responsibility of the tenant. The control carried out in the absence of the tenant will be opposable to him as if it were contradictory. He will be kept informed, if necessary, to allow him to present his observations in return.
7. Insurance
The tenant must be at his expense insured against all risks (civil liability, fire, water damage ...) on the rented thing up to its agreed value mentioned to the contract.
The delivery and the installation being carried out by the design agency, the transport insurance is taken care of by BToB Classy until the complete installation of the work in the company.
8. Custody and use
From the assumption of responsibility to the return of the goods, the tenant has control and full responsibility. In general, the tenant undertakes to use the goods with due care and in particular not to let them be used by people other than those appointed by him, not to use them for illicit or immoral or unforeseen purposes. by contract, to use them in a legal or regulatory manner.
The BToB Classy agency may authorize, at the tenant's prior request, a display of the work to the general public. The tenant undertakes to respect and to ensure respect for the instructions for use which will have been given to him on delivery and which he will have signed.
9. Modification and cancellation of license purchase or delivery
Booking on the Internet does not allow the exercise of the right of withdrawal.
To modify or cancel his reservation, the tenant must contact the BToB Classy agency either by phone or by sending him an email notifying him the terms of the modification he wishes to make or its cancellation.
9.1 M odification of the purchase of the operating license or the delivery / installation Artwork
Any modification of the operating license or the delivery / installation of the work ordered by the client will be subject to the approval of the BToB Classy agency.
9.2 Cancellation of the purchase of the license to use the work
If the cancellation of the purchase of the license intervenes:
From day D of payment of the reservation to D + 2: Full refund of the amount of the license paid
Between D + 2 of the reservation payment and D-10 of the day of the first delivery: Except in cases of force majeure as defined by the French courts, partial refund after deduction a lump sum equal to € 2,500.00
Between D-10 and day D of the first delivery: The full amount of the license purchase remains with the BToB Classy agency.
There is no refund of the rental license (except in cases of force majeure)
For any rental shorter than the duration provided for in the reservation
If the tenant does not indicate the precise address of the first place of installation
If the tenant does not pay the amount of the delivery / installation
In the event of a false declaration when booking online
9.3 Cancellation of delivery / installation of the work
If the cancellation of the delivery / installation intervenes:
D day of payment for delivery / installation on D + 2: Full refund of the amount paid for delivery / installation
Between D + 2 of payment for delivery / installation and D-10 of the day of delivery / installation: Except in cases of force majeure as defined by the French courts, partial refund after deduction a lump sum equal to € 500.00
Between D-10 and day D delivery: The full amount of the delivery / installation remains with the BToB Classy agency.
9.4 Cancellation or modification by the BToB Classy agency
If exceptionally the BToB Classy agency cannot fulfill an order, the client-tenant will be contacted by the agency by email or by phone, to cancel or agree with the client on changes to the reservation. If no replacement solution is found, the agency undertakes to reimburse immediately and in full the amount of the reservation already paid. to the exclusion of any other compensation.
10. Image rights
The tenant must request authorization from the BToB Classy agency to use the image of the contemporary works rented, image right which belongs by right to the artist designated as the author of the work. Image rights may be levied for the benefit of the author under the conditions specified in the response which will be provided by BToB Classy and which will be the subject of a specific contract.
11. Payment
The rental is understood to be for the period as stated in the contract and designated under the license term.
The tenant pays BToB Classy the full amount of the license price when booking online on the agency's website www.btobclassy.com . The price corresponding to the delivery and installation / uninstallation services of the rented work will be paid no later than 15 days before the first delivery date.
In the event of default by the tenant, BToB Classy reserves the right to take back the property anywhere or not to perform the remaining services due.
The BToB Classy agency reserves the right not to deliver the work if the amount of the delivery has not been paid by the tenant at least 15 days before the date of delivery. The agency will then inform the customer by email, it may then be agreed in writing between the two parties of an arrangement to find a solution to the postponement of the initial delivery date.
At the end of the rental, payment of the sums remaining due by the tenant must be made when the property is returned. Otherwise, after formal notice to pay that has remained unsuccessful for a period of eight days, the tenant must pay the BToB Classy agency, in addition to the remaining costs to be paid and interest on arrears, an indemnity fixed at a flat rate of 20% of the sums due. as a penalty clause, in accordance with the provisions of article 1229 of the civil code.
Only services paid in full by the customer in arrears will be honored by the BToB Classy agency.
12. Jurisdiction
Any dispute that may arise during the formation, execution and termination of the rental contract must be brought to the attention of the BToB Classy agency.
By express agreement, in the event of any dispute, it will be brought before the Commercial Court of Paris, seat of the BToB Classy agency, the stamp and registration costs remaining the tenant's responsibility.
French law is the applicable law.
13. Collection of your personal data
The customer's personal data (last name, first name, email and geographic addresses, telephone number, etc.) are collected by the BToB Classy agency and are intended for it to establish the reservation, and under compliance with the provisions of the Data Protection Act n ° 78-17 of January 6, 1978 as amended.
The information which must be registered by the customer to be able to reserve is identified online by an asterisk.
By reserving on the site, the customer gives his consent to the use by the agency of the personal data collected when taking the order.
Bank details are not kept by the agency but by the banking establishment.
The customer has the right to access, modify, rectify and delete data concerning him (article 34 of the “Data Protection Act”). To exercise this right, the client must contact the agency.