Terms and Conditions of Sale and Service

1. Opposability

These General Terms and Conditions of Sale and Service Provision (hereinafter referred to as the “GTC”) are systematically provided or sent to each client to enable them to place an order.
Placing an order implies full and unreserved acceptance by the client of these conditions, to the exclusion of all others.

Only specific conditions expressly accepted in writing by MORPHEUS Events may deviate from these GTC.

Any contrary condition formulated by the client will, in the absence of written acceptance, be unenforceable against MORPHEUS Events, regardless of when it may have been brought to its attention.

MORPHEUS Events reserves the right to modify its GTC at any time.

The applicable GTC are those in force on the date the order is placed by the client.
The fact that MORPHEUS Events does not invoke any of these conditions at any given time shall not be interpreted as a waiver of the right to invoke them subsequently.

2. Offer

2.A Content of the offer

After the client communicates their needs, MORPHEUS Events will establish an offer detailing in particular the location, and where applicable, the services and services chosen by the client, as well as the dates, the number of guests and the price.

This Offer is established based on the information provided by the client, who certifies its accuracy.

Any additional service requested by the client during the event or not included in the Offer will be subject to separate billing.

Sending the order form to the client constitutes a written reservation option, valid fora period of 7 working days.

MORPHEUS Events is only bound by orders taken by its employees on the condition of a written confirmation signed by MORPHEUS Events.
The benefit of the Offer is personal let o the client and cannot be transferred without the agreement of MORPHEUS Events.

2.B Final nature of the order

The Offers of products or services are considered final only after receipt of the signed Offer by the client and the payment of a deposit of 50%to 70%depending on the final total budget of the offer and the delivery time of the services, which constitutes the conclusion of the contract by MORPHEUS Events.

2.C Modification of the Offer

No modification, cancellation or termination of the Offer signed request by the client may be taken into consideration by MORPHEUS Events, unless otherwise stipulated.

In the event of total or partial cancellation of the Offer, MORPHEUS Events will send the client a debit invoice “cancelled service”, in accordance with the terms of the initial Offer, subject however to any contrary provisions possibly provided for in the general terms and conditions of sale of our partners and suppliers, which will prevail if applicable.

Any deposit paid by the client to MORPHEUS Events will remain definitively acquired, unless otherwise agreed between the parties.

3. Execution of services

MORPHEUS Events undertakes to perform the service within the time indicated on the Offer and at the place and date specified by the client.

In the event of postponement for a reason not attributable to MORPHEUS Events, the deposit paid by the client will be retained by MORPHEUS Events.

An amount equivalent to 8% (eight percent) of the total order will be charged in addition to the initial service, as a fee, in particular to cover the administrative costs associated with the postponement.

In the event of cancellation for a reason not attributable to MORPHEUS Events, the Company will retain the deposit paid by the client as well as an amount equivalent to 15% (fifteen percent) of the total amount of The Offer as compensation for operating costs.

In the event of cancellation by a MORPHEUS subcontractor Events, the latter undertakes to take all necessary measures to guarantee the client access to the agreed services and their delivery without increasing the price shown on the order form.

4. Specific Clause - Pandemic/COVID-19

In the event of confinement imposed by an administrative authority, it is expressly agreed that MORPHEUS Events is solely responsible for the proper execution of the agreed services.
Consequently, MORPHEUS Events cannot be held responsible for the difficulties encountered by the client in traveling to the place where the services are performed, as long as MORPHEUS Events is, for its part, able to provide the contractually agreed services and that there are no exceptional and unavoidable circumstances occurring at the place of performance of the service or in the immediate vicinity, likely to have significant consequences on the execution of the contract or on the transport of the client to the place.

In addition, given that the public health situation may continue to impact the performance of services for several months, access to certain workshops and/or activities initially planned in the contract may not be possible due to restrictions imposed by the government.

In this case, MORPHEUS Events may offer a replacement activity.

If the client refuses, the service that could not be performed or replaced will be refunded, without any damages being claimed.

5. Subcontracting

MORPHEUS Events may entrust the execution of all or part of the material or intellectual services to a third party.

6. Cancellation or Termination of the Acceptance of the Offer

The acceptance of the Offer may be cancelled by the client, by registered letter with acknowledgment of receipt, in the following cases:

Execution of a service that does not conform to the declared characteristics of the service.
Execution exceeding by thirty days the date fixed in à the signed Offer, after having previously requested, in the same manner and without result, an execution within a reasonable additional period.

In all these cases, the client may demand reimbursement of the deposit paid during the signing of the initial Offer.

The acceptance of the offer by the client can be cancelled by MORPHEUS Events in the following cases:

Refusal to perform the ordered service.
Non-payment of the deposit (or the balance of the offer) ten days before the performance of the service.

In these cases, and only in these cases, the deposit paid at the time of the order remains acquired by MORPHEUS Events as compensations.

7. Execution of the contract

MORPHEUS Events cannot be held responsible for any security obligation towards the client with regard to services relating to the person or property of the client.

MORPHEUS Events will also not be held responsible for damage caused by a lack of security in the service or in the equipment used for the execution of the service.

8. Billing

In accordance with the provisions of Article L.441-3 of the French Commercial Code, an invoice is issued for each deliverable in advance before the service or the completion of it in the context where additional services have been requested in writing after signing the initial Offer or during les services.

9. Payments

Invoices relating to services must be paid upon receipt (or failing that 15 days before the event), it being specified that a deposit of 50% to 70% depending on the budget final total of the offer must be paid upon signature of the offer by the client.

Payment is deemed to have been made on the agreed due date indicated on the offer, and not upon the simple delivery of a means of payment.

Any sum not paid by the due date appearing on the invoice will automatically entail, from the day after this date, without the need for a formal notice, the application of the following penalties:

A fixed compensation for recovery costs of 40 euros, an amount that may be exceeded upon presentation of supporting documents by MORPHEUS Events;
Of the late payment penalties at the interest rate applied by the European Central Bank to its most recent refinancing operation, increased by 10 percentage points (i.e., for the first six months of the year concerned, the rate in force on January 1, and for the following six months, the rate in force on July 1).

10. Prices

Prices may be revised without notice, depending on market fluctuations, supply and demand.
However, they are guaranteed for the offers signed by written by MORPHEUS Events.

11. Disputes

Before any legal action, the parties will endeavour to reach an amicable agreement.
The courts of the city of the local MORPHEUS agency Events will have sole jurisdiction to hear any dispute between the parties, even in the event of multiple defendants, unless MORPHEUS Events prefers to refer the matter to any other competent court.
The relations between the parties are governed by Portuguese law.

12. Image Rights

The client authorizes MORPHEUS Events to capture and use, free of charge, photographs and videos of the event, on all media and in all formats, for commercial and non-commercial purposes.
The client is required to have participants sign an image rights authorization in accordance with the intended use.

This authorization to capture and use images is valid for five (5) years from the end of the contractual relationship between MORPHEUS Events and the client.

13. Case of Force Majeure

MORPHEUS Events cannot be held for liable in the event of non-performance or improper performance of the contract due either to the fault of the client, or to the insurmountable and unforeseeable fault of a third party, or to a case of force majeure.

MORPHEUS events cannot be considered in default in the event of non-performance resulting from a fire, flood, storm, exceptional weather, natural disaster, strike, social movement, war (declared or undeclared), embargo, legal impediment, insurrection, pandemic, epidemic, bacteriological or virological event, or any other cause not attributable to MORPHEUS events.

In the event of total or partial cancellation of the signed Offer by the client due to force majeure, an invoice for “cancelled service” will be issued under the conditions provided for in article relating to the modification of the order.
The deposit paid to Morpheus-events will remain due.

14. Material or Moral damage

MORPHEUS Events declines all responsibility for material or moral damages caused to participants or their property during the event and its aftermath, and no claim or action may be brought against MORPHEUS Events in this regard, except in the event of proof of intentional misconduct or gross negligence.

The client company is responsible for any damage, direct or indirect, caused by itself, its employees or the participants during the event and/or its aftermath.
Consequently, the client undertakes to MORPHEUS Events to take out the necessary insurance.

Under no circumstances may MORPHEUS Events be held liable for direct or indirect damages related to the performance of the service provided by the providers concerned, who remain solely liable to the client.

The client undertakes to waive, and to have its insurers and/or the participants waive, any recourse against MORPHEUS Events in the event of damage.

Failing this, the client undertakes to guarantee and indemnify MORPHEUS Events against any resulting recourse, claim, damage, loss or expense.

15. Contractual Provisions

The nullity of a contractual clause does not entail the nullity of these general terms and conditions of service.

16. Services Provided

MORPHEUS Events notably offers its clients consulting services in event decoration (spaces, colors, materials, lighting, furniture).

As such, MORPHEUS Events undertakes to an obligation of means.

It will do everything possible to satisfy its clients, in accordance with the established quote, by regularly informing them of the progress of its work.

Once the initial Offer signed returned by the client, the latter may not invoke subjective criteria (such as taste, beauty or comfort) to demand the total or partial repair of the work carried out (in particular the deliverables) or refuse to pay for the services to which it has committed.

The client acknowledges that the visuals and other documents such as “trend boards” or “PowerPoint inspiration presentations” provided by MORPHEUS Events are illustrative and non-contractual.
They are part of a consulting and inspiration approach and do not necessarily represent the identical decoration that will be put in place.

17. Protection of personal data

17.A Collection and processing of data

In accordance with Regulation (EU) 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, MORPHEUS Events implements the processing of personal data for the purposes of sales and service provision.

The data concerning the user of the website (hereinafter “the User”) are collected by MORPHEUS Events.
The data protection officer is Isabel Tollu-Frade.

MORPHEUS Events only collects the information necessary for processing orders, commercial monitoring, optimizing its website and communicating with the User regarding products, services and promotional offers.

This data may be transmitted, in compliance with the legislation, to the data controller, the marketing departments, IT security, the sales and logistics departments, as well as to any company in the group to which MORPHEUS Events belongs, or to its subcontractors participating in delivery and sales operations, as well as to any authority legally authorized to access it.

This data may be transferred, in accordance with chapter V of the GDPR, to the same recipients located outside the European Union.

17.B Cookies

When browsing the site, information relating to the User’s navigation may be recorded in “cookies” files installed on their device (computer, tablet, smartphone, etc.).

In order to provide the best possible service, MORPHEUS Events uses cookies to:

Establish traffic statistics (number of visits, pages viewed, abandoned orders) to improve the quality of its services.
Adapt the presentation of the site to the User’s device display preferences.
Memorize the information entered in forms and manage access to reserved areas.
Provide the User with content tailored to their interests and personalize the offers sent.
Facilitate User’s navigation.

The use of cookies, whether proprietary or third-party, that are not necessary for the operation of the site, requires the express consent of the User, who may grant or refuse it by configuring their device.

17.C Sharing personal data with third parties

Personal data may be shared with third-party companies in the following cases:

When the User authorizes a third-party site to access their data.
When MORPHEUS Events uses service providers to provide assistance, advertising or payment services. These service providers have limited access to the data and must use it in accordance with the regulations.
In case of legal or judicial obligation.
In the event of a merger, acquisition, asset sale or liquidation, the data may be transferred or shared.

17.D Transfer of personal data

The User authorizes MORPHEUS Events to transfer, store and process their information in the countries where it is established.
The laws of these countries may differ from those applicable in the User’s country of residence within the European Union.

By using the site, the User consents to this transfer.

17.E Security and confidentiality

MORPHEUS Events implements organizational, technical, software and physical measures to protect data against alteration, destruction and unauthorized access.

However, as the Internet is not a completely secure environment, MORPHEUS Events cannot guarantee the absolute security of the transmission or storage of data.

17.F Right of access and opposition

In accordance with Regulation (EU) 2016/679 of April 27, 2016, customers have a right of access, rectification, opposition, deletion, limitation, portability and withdrawal of their consent.

Any request must be addressed:

By mail: Rua Ferreira Borges | 1350-275 Lisboa – Portugal
Or by email: contact@morpheus-events.pt

In order to allow MORPHEUS events to respond to the request, it must be accompanied by the information necessary to identify the sender: name, first name, email address and postal address.

17.G Evolution of this clause

MORPHEUS Events reserves the right to modify at any time this clause relating to the protection of personal data.
In the event of modification, MORPHEUS Events undertakes to publish the new version on its website.

MORPHEUS Events will also inform Users of the modification by email, at least fifteen (15) days before the date of entry into force.
If the User does not accept the terms of the new version of the personal data protection clause, they may exercise their right of opposition, as provided for in the clause “Right of access and opposition.”