1. About Us
| Individual | Entity |
| Name | Company Name |
| Home Address | Editorial Manager (for content sites) |
| Non-premium Phone Number | Non-premium Phone Number |
| Email Address | Publication Director |
| Editorial Manager (for content sites) | Publication Director |
2. Preamble
The Company urges all Users to read these Terms and Conditions of Sale and Use (hereafter “Terms”) carefully. These Terms apply to all services provided by the Company to its customers of the same category, regardless of any clauses that may be included in the customer’s documents, including their purchase terms.
The Terms are systematically communicated to the customer upon request.
The customer must review the Terms before placing any orders.
In the event of subsequent modifications to the Terms, the customer is subject to the version in effect at the time of their order.
Data recorded in the Company’s computer system constitutes proof of transactions concluded with the customer.
3. Definitions
“Customer” refers to any individual or entity placing an Order through this Website;
“Order” means any order placed by a registered User on this Site, intended to utilize the Company’s Services;
“Terms and Conditions of Sale and Use” or “Terms” refer to these online terms and conditions of sale and use;
“Consumer” refers to the buyer who does not act for professional purposes and/or outside his professional activity;
“Professional” refers to the buyer, whether an individual or an entity, who acts within the scope of their professional activity;
“Services” means all the service offerings available to Users through this Site;
“Site” refers to this website;
“Company” refers to this firm, further detailed in Article I herein; and
“User” refers to anyone using the Site.
4. Registration
Registration on the Site is open to all legal entities or individuals who are of legal age and have full legal capacity.
The use of Services offered on the Site is conditioned upon the User’s registration on the Site.
To proceed with registration, the User must complete all mandatory fields, without which the service cannot be provided. Otherwise, registration cannot be completed.
Users guarantee and declare on their honor that all information communicated on the Site, including during their registration, is accurate and conforms to reality. They agree to update their personal information from the dedicated page accessible in their account.
Each registered User has a username and password. These are strictly personal and confidential and must not under any circumstances be communicated to third parties under penalty of deletion of the offending User’s registered account. Each registered User is personally responsible for maintaining the confidentiality of their username and password. The Company will not be held liable for identity theft of a User. If a User suspects any fraud at any time, they must contact the Company as soon as possible so that it can take the necessary measures and rectify the situation.
Each User, whether a legal entity or individual, may hold only one account on the Site.
In case of non-compliance with the Terms, including the creation of multiple accounts for one person or providing false information, the Company reserves the right to proceed with the temporary or permanent deletion of all accounts created by the offending registered User.
Account deletion results in the permanent loss of all benefits and services acquired on the Site. However, any Orders placed and billed by the Site before the account deletion will be executed under normal conditions.
If an account is deleted by the Company due to non-compliance with duties and obligations stated in the Terms, it is strictly forbidden for the offending User to re-register on the Site directly, through another email address, or by person interposed without the express permission of the Company.
5. Service Provision and Pricing
The Services subject to the Terms are those which are listed on the Site and which are offered directly by the Company or its partner providers.
The services are described on the corresponding page within the Site, and mention is made of all their essential characteristics. The Company cannot be held responsible for the inability to perform said service when the User is not eligible.
When a registered User wishes to obtain a service sold by the Company through the Site, the price indicated on the service page corresponds to the price in dollars including taxes (TTC) and takes into account the applicable discounts in effect on the day of the Order. The price indicated does not include ancillary costs which will be indicated if applicable in the summary before placing the order.
The Company reserves the right to modify its rates at any time. It undertakes to invoice the services at the rate applicable at the time of their Order. For services for which the price cannot be known a priori or stated with certainty, a detailed quote will be sent to the Client.
Under no circumstances can a User demand the application of discounts that are no longer in effect on the day of the Order.
6. Orders
An Order can only be placed when the User is registered on the Site. When logged into their account, the User can add Services to their virtual cart. They can access the summary of their virtual cart to confirm the Services they wish to order and execute their Order by pressing the “Order” button.
They must then provide their address, the delivery mode, and a valid payment method to finalize the order and effectively form the sales contract between them and the Company.
The recording of an Order on the Site is realized when the Client accepts the Terms by ticking the box provided for this purpose and validates their Order. This validation constitutes proof of the sales contract. The finalization of the Order implies the acceptance of the prices and terms of execution of the services as indicated on the Site.
Once their Order is placed, the Client will receive confirmation by email. This confirmation will recapitulate the Order and the information related to the performance of the service(s).
In case of non-payment, incorrect address of the Client, or other problem on the Client’s account, the Company reserves the right to block the Client’s order until the issue is resolved. In case it is impossible to perform the service, the Client will be informed by email at the address they have provided to the Company. The cancellation of this service order and its reimbursement will then be carried out, the rest of the order remaining firm and final.
The Company may provide the Client with price reductions, discounts, and rebates depending on the number of Services ordered or depending on the regularity of Orders, according to the conditions set by the Company.
7. Payment Terms and Conditions
Unless otherwise stipulated, all sales are paid in cash at the time of the Order.
Depending on the nature or amount of the Order, the Company remains free to require a deposit or payment of the full price at the time of placing the Order or upon receipt of the invoice.
Payment can be made by:
- Credit card
In case of total or partial non-payment of the services on the agreed date on the invoice, the Professional Client must pay the Company a late penalty whose rate equals the rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points.
In addition to late fees, any sum, including the deposit, not paid on its due date will automatically result in the payment of a flat-rate indemnity of 40 euros due for collection expenses.
In case of total or partial non-payment of the services on the agreed date on the invoice, the Consumer Client must pay the Company a late penalty at the legal interest rate.
No compensation may be made by the Client between penalties for delay in the supply of the ordered services and sums owed by the Client to the Company for the purchase of Services offered on the Site.
The penalty due by the Client, whether Professional or Consumer, is calculated on the total tax-inclusive amount of the sum remaining due, and runs from the due date of the price without any prior notice being necessary.
In case of non-compliance with the payment conditions described above, the Company reserves the right to cancel or suspend the sale.
8. Performance of Services
The service ordered on the Site will be provided by:
- The Company
The Company commits to using all necessary human and material resources to perform the service within the deadlines announced at the time of placing the Order. However, it can in no case be held liable for delays in service performance due to faults not attributable to it.
If the services have not been performed within the agreed time, the resolution of the sale may be requested by the Client under the conditions set out in Articles L216-2 and L216-3 of the Consumer Code. The sums paid by the Client will be returned to them no later than fourteen days after the date of denunciation of the contract.
This provision does not apply when the delay by the Company is due to a fault on the part of the Client or to a case of force majeure, that is to say, the occurrence of an unforeseeable, irresistible event independent of the will of the Company.
In the event that a physical service could not be performed or was postponed due to an error in the address indicated by the Client, the travel expenses of the service provider mandated by the Company to perform the unsuccessful service will be charged to the Client.
9. Complaints
For all Orders made on this Site, the Client has a right to file a complaint within 14 days from the delivery of the Service.
To exercise this right of complaint, the Client must send to the Company, by email, a statement in which they express their reservations and complaints, accompanied by the relevant supporting documents.
A complaint not respecting the conditions described above will not be accepted.
After examining the complaint, the Site may, where appropriate, replace or refund the Service provision as soon as possible and at its expense.
10. Consumer’s Right of Withdrawal
The Consumer has a right of withdrawal for 30 days from the placement of the Order, except for products mentioned in Article L221-28 of the Consumer Code as reproduced below:
“The right of withdrawal cannot be exercised for contracts:
1. For the supply of services fully executed before the end of the withdrawal period and whose execution began after prior express consent of the consumer and express waiver of their right of withdrawal;
2. For the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3. For the supply of goods made to the consumer’s specifications or clearly personalized;
4. For the supply of goods liable to deteriorate or expire rapidly;
5. For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6. For the supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;
7. For the supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose agreed value depends on fluctuations in the market beyond the control of the professional;
8. For maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by them, within the limit of spare parts and work strictly necessary to respond to the emergency;
9. For the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10. For the supply of a newspaper, periodical, or magazine, except for subscription contracts for such publications;
11. Concluded at a public auction;
12. For the provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities that must be provided on a specific date or period;
13. For the supply of digital content not supplied on a tangible medium whose performance began after prior express consent of the consumer and express waiver of their right of withdrawal.”
Regulations exclude the legal withdrawal period during the “supply of audio or video recordings, or computer software when they have been unsealed by the consumer”. Therefore, the legal withdrawal period is void from the moment the ordered product is downloaded and accessible. Source: Article L121-20-2 of the Consumer Code.
When a guarantee is offered in the absence of results on the presentation page of a product, it is valid for a maximum period of 30 days. This guarantee takes effect if and only if the client performs the actions detailed in the purchased product. If the client has not fully watched and applied the videos present in the product, they will not be eligible for the guarantee and thus not eligible for a refund.
If a guarantee is offered on the presentation page of a course and the duration of the guarantee is not mentioned, it will be valid for a maximum of 30 days.
If no guarantee is offered, there is no possibility of a refund according to Article L121-20-2 of the Consumer Code concerning video recordings.
To exercise this right of withdrawal, the Consumer sends a declaration to the address: contact[at]customer-service.com.
They will be reimbursed for all fees paid for the service provision within 14 days following the Company’s acknowledgment of their withdrawal declaration. The refund will be made by the same means of payment used at the purchase.
However, if the service provision has already begun at the date of the Company’s knowledge of the withdrawal by the Consumer, the value corresponding to the service already provided will be deducted from the refund. This latter will be carried out by the same means of payment as for the purchase.
11. Processing of Personal Data
Registration on the Site entails the processing of the Client’s personal data. If the Client refuses the processing of their data, they are asked to refrain from using the Site.
This processing of personal data is carried out in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016.
Furthermore, in accordance with the Data Protection Act of January 6, 1978, the Client has, at any time, a right of querying, access, rectification, amendment, and opposition to all of their personal data by writing, by mail and proving their identity, to the following address: contact[at]customer-service.com.
These personal data are necessary for the processing of their Order and the issuance of invoices if applicable, as well as to improve the functionalities of the Site.
12. Sharing Collected Data
The Site may use third-party companies to perform certain operations. By browsing the Site, the Client agrees that third-party companies can access their data to enable the proper functioning of the Site.
These third-party companies have access to the collected data only in the context of performing a specific task.
The Site remains responsible for the processing of these data.
Furthermore, the User may thus receive information or commercial offers from the Company or its partners.
The User may at any time refuse to receive these commercial offers, by writing to the Company’s address mentioned above, or by clicking on the link provided for this purpose within the emails received.
Furthermore, the information of the Clients may be transmitted to third parties without their express prior consent in order to achieve the following objectives:
- comply with the law
- protect any person from serious bodily harm or death
- fight fraud or attacks on the Society or its users
- protect the property rights of the Society.
13. Data Protection
The Company ensures an appropriate level of security proportional to the risks incurred as well as their likelihood, in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016.
However, these measures do not constitute a guarantee and do not commit the Company to a result obligation concerning data security.
14. Cookies
To allow its Users to benefit from optimal navigation on the Site and better functioning of the various interfaces and applications, the Company may place a cookie on the User’s computer. This cookie stores information relating to navigation on the Site, as well as any data entered by Users (including searches, login, email, password).
The User expressly authorizes the Company to deposit on the user’s hard disk a file called “cookie”.
The User has the possibility to block, modify the conservation period, or delete this cookie via the interface of their browser. If the systematic deactivation of cookies on the User’s browser prevents them from using certain services or features of the Site, this malfunction cannot in any case constitute damage for the member who will not be able to claim any compensation as a result.
15. Modifications
The Company reserves the right to modify the Site, the services offered there, the Terms as well as any delivery procedure or other element constituting the services provided by the Company through the Site.
When placing an Order, the User is subject to the stipulations stated by the Terms in force at the time of the Order.
16. Liability
The Company can in no case be held liable for the unavailability, whether temporary or permanent, of the Website and, although it implements all means to ensure the service at all times, it may be interrupted at any time. In addition, the Company reserves the right, by a deliberate act, to make the Website unavailable in order to perform any update, improvement, or maintenance operations.
As previously mentioned herein, the Company can in no case be held liable for delays in the performance of a service for reasons beyond its control, independent of its will, unforeseeable and irresistible or whose fault cannot be attributed to it.
17. Intellectual Property
The brand, logo, and graphic charter of this Site are trademarks filed with the INPI and works protected under intellectual property, the property of which belongs exclusively to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete without the express authorization of said company will expose the offender to civil and criminal proceedings.
18. Jurisdictional Clause
The law governing the Terms is French law. Any dispute that may arise between the Company and a User during the execution of these terms will be subject to an attempt at amicable resolution. Failing that, disputes will be brought to the attention of the competent courts of common law.
The Client is informed that they can resort to conventional mediation, among the Consumer Mediation Commission as provided by Article L534-7 of the Consumer Code or existing sector-specific mediation bodies. They may also use any alternative dispute resolution method in case of a dispute.
19. Pre-contractual Information
Before placing an Order, the Client acknowledges having communicated, in a readable and understandable manner, the Terms and the information and data provided for in Articles L111-1 to L111-7 of the Consumer Code, and in particular:
- the essential characteristics of the Services;
- the price of the Services;
- the date or the deadline by which the Company commits to providing the Service;
- information on the identity of the Company (postal, telephone, electronic contact details);
- information on legal and contractual guarantees and their implementation modalities;
- the possibility of resorting to conventional mediation in case of a dispute;
- information on the right of withdrawal (terms, conditions).
The placement of an Order on the Site implies adherence and acceptance of the Terms. The Client cannot rely on a contradictory document.
20. Mediator Contact Details
Name of Mediation Service: American Dispute Resolution Center
Address: 123 Mediation Lane, Suite 100, City, State, Zip Code