1. About us
2. Preamble
The Company invites its Users to carefully read these General Terms and Conditions of Sale and Use (hereinafter the “GTC/GTCU”). The GTC/GTCU apply to all Services provided by the Company to its Customers in the same category, regardless of any clauses that may be included in the Customer’s documents, in particular its general terms and conditions of purchase.
The GTC/GTCU are systematically communicated to the Customer upon request.
The Customer is required to read the GTC/GTCU before placing any Order.
In the event of subsequent amendments to the GTC/GTCU, the Customer shall be subject to the version in force at the time of their Order.
The data recorded in the Company’s computer system constitutes proof of the transactions concluded with the Customer.
3. Definitions
“Customer” means any natural or legal person who places an Order on this Website;
“Order” means any order placed by a User registered on this Website in order to benefit from the Company’s Services;
“General Terms and Conditions of Sale and Use” or “GTC/GTCU” refer to these general terms and conditions of sale and online use;
“Consumer” refers to a purchaser who is a natural person and who is not acting for professional purposes and/or outside their professional activity;
“Professional” refers to a buyer who is a legal entity or natural person acting within the scope of their professional activity;
“Services” refers to all services offered to Users by the Company through this Website;
“Site” refers to this Site;
“Company” means the Company, as further described in Article I hereof; and
“User” refers to any individual who utilises the Website.
4. Registration
Registration on the Website is open to all legal entities or natural persons of legal age who enjoy full legal personality and capacity.
Use of the Services offered on the Website is subject to the User registering on the Website.
To complete the registration process, the User must fill in all mandatory fields, without which the service cannot be provided. Failure to do so will result in the registration not being completed.
Users guarantee and solemnly declare that all information provided on the Website, particularly during registration, is accurate and truthful. They undertake to update their personal information on the page dedicated to this purpose and available in their account.
All registered Users have a username and password. These are strictly personal and confidential and must not be disclosed to third parties under any circumstances, otherwise the account of the offending registered User will be deleted. Each registered User is personally responsible for maintaining the confidentiality of their username and password. The Company shall not be held liable under any circumstances for the identity theft of a User. If a User suspects fraud at any time, they must contact the Company as soon as possible so that the latter can take the necessary measures and rectify the situation.
Each User, whether a legal entity or a natural person, may only hold one account on the Website.
In the event of non-compliance with the GTC/GTCU, in particular the creation of multiple accounts for a single person or the provision of false information, the Company reserves the right to temporarily or permanently delete all accounts created by the offending registered User.
Deleting your account will result in the permanent loss of all benefits and services acquired on the Website. However, any Orders placed and invoiced by the Website prior to the deletion of your account will be fulfilled under normal conditions.
In the event of an account being deleted by the Company for breach of the duties and obligations set out in the GTC/GTCU, the offending User is strictly prohibited from re-registering on the Website directly, via another email address or through an intermediary without the express authorisation of the Company.
5. Service provision and prices
The Services covered by the GTC/GTCU are those listed on the Website and offered directly by the Company or its partner service providers.
The services are described on the relevant page of the Website and all their essential characteristics are mentioned. The Company cannot be held liable for the inability to provide the said service when the User is not eligible.
When a registered User wishes to obtain a service sold by the Company through the Website, the price indicated on the service page corresponds to the price in euros including all taxes (VAT included) and takes into account any applicable discounts in force on the day of the Order. The price indicated does not include any additional costs, which will be indicated, where applicable, in the summary before placing the order.
The Company reserves the right to modify its rates at any time. It undertakes to invoice services at the rate applicable at the time of their Order. For services whose price cannot be known in advance or indicated with certainty, a detailed quotation will be sent to the Client.
Under no circumstances may a User demand the application of discounts that are no longer valid on the day of the Order.
6. Orders
Orders can only be placed once the User has registered on the Website. Once logged into their account, Users can add Services to their virtual basket. They can access their virtual basket summary to confirm the Services they wish to order and place their Order by clicking on the “Order” button.
The customer must then enter their address, delivery method and a valid payment method in order to finalise the order and effectively form the sales contract between them and the Company.
An Order is registered on the Website when the Customer accepts the GTC/GTCU by ticking the box provided for this purpose and confirms their Order. This confirmation constitutes proof of the sales contract. Finalisation of the Order implies acceptance of the prices and terms and conditions of service provision as indicated on the Website.
Once the Order has been placed, the Customer will receive confirmation by email. This confirmation will summarise the Order and provide information relating to the performance of the service(s).
In the event of non-payment, an incorrect Customer address or any other problem with the Customer’s account, the Company reserves the right to block the Customer’s order until the problem is resolved. If it is impossible to provide the service, the Customer will be informed by email at the address provided to the Company. In this case, the order for this service will be cancelled and refunded, with the rest of the order remaining firm and final.
The Company may offer the Customer price reductions, discounts and rebates based on the number of Services ordered or the regularity of Orders, in accordance with the conditions set by the Company.
7. Payment terms and conditions
Unless otherwise specified, all sales are paid for in full at the time the Order is placed.
Depending on the nature or amount of the Order, the Company remains free to require a deposit or payment of the full price when placing the Order or upon receipt of the invoice.
Payment can be made by:
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- Bank card
In the event of total or partial non-payment of the services on the date agreed on the invoice, the Professional Client shall pay the Company a late payment penalty at a rate equal to the rate applied by the European Central Bank for its refinancing operations plus 10 percentage points. The financing operation used shall be the most recent one on the date of the Order for the Services.
In addition to late payment penalties, any sum, including the deposit, not paid by its due date shall automatically give rise to the payment of a fixed compensation of €40 for recovery costs.
In the event of total or partial non-payment of services by the date agreed on the invoice, the Consumer Customer shall pay the Company a late payment penalty at the statutory interest rate.
No compensation may be made by the Customer between penalties for late delivery of the services ordered and sums owed by the Customer to the Company for the purchase of Services offered on the Website.
The penalty payable by the Customer, whether a Professional or Consumer, is calculated on the basis of the total amount including all taxes of the outstanding balance, and runs from the due date of payment without any prior formal notice being required.
In the event of non-compliance with the payment terms described above, the Company reserves the right to cancel or suspend the sale.
8. Provision of services
The services ordered on the Website will be provided by:
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- The Company
The Company undertakes to deploy all human and material resources necessary to perform the service within the timeframe specified when the Order was placed. However, it cannot under any circumstances be held liable for delays in the performance of the service caused by faults for which it is not responsible.
If the services have not been performed within the specified time frame, the Customer may request termination of the sale under the conditions set out in Articles L216-2 and L216-3 of the Consumer Code. The sums paid by the Customer shall be refunded to them no later than fourteen days after the date of termination of the contract. This provision shall not apply where the Company’s delay is due to the Customer’s fault or to a case of force majeure, i.e. the occurrence of an unforeseeable, unavoidable event beyond the Company’s control.
In the event that the provision of a physical service could not be carried out or was postponed due to an error in the address provided by the Customer, the travel expenses of the service provider appointed by the Company to carry out the unsuccessful service shall be borne by the Customer.
9. Complaints
For all Orders placed on this Website, the Customer has a right to complain within 14 days of the Service being provided.
To exercise this right of complaint, the Customer must send the Company, by email, a statement expressing their reservations and complaints, accompanied by the relevant supporting documents.
Any complaint that does not comply with the above conditions will not be accepted.
After reviewing the complaint, the Website may, where applicable, replace or refund the Services as soon as possible and at its own expense.
10. Consumer’s right of withdrawal
The Consumer has a right of withdrawal for 30 days from the date of placing the Order, except for the products mentioned in Article L221-28 of the Consumer Code, as reproduced below:
“The right of withdrawal cannot be exercised for contracts:
1° The provision of services that have been fully performed before the end of the withdrawal period and whose performance began after the consumer’s prior express agreement and express waiver of their right of withdrawal;
2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the trader’s control and which may occur during the withdrawal period;
3° The supply of goods made to the consumer’s specifications or clearly personalised;
4° The supply of goods which are liable to deteriorate or expire rapidly;
5° 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° The supply of goods which, after delivery and due to their nature, are inseparably mixed with other items;
7° The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the trader;
8° Maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by them, within the limits of the spare parts and work strictly necessary to respond to the emergency;
9° The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° The supply of a newspaper, periodical or magazine, except for subscription contracts for such publications;
11° Concluded at a public auction;
12° Provision of accommodation services, other than residential accommodation, goods transport services, car hire, catering or leisure activities which must be provided on a specific date or during a specific period;
13° The supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer’s prior express agreement and express waiver of their right of withdrawal.
The regulations exclude the legal withdrawal period for the “supply of audio or video recordings, or computer software when they have been unsealed by the consumer”. The legal withdrawal period is therefore void from the moment the ordered product is downloaded and/or accessible. Source: Article L121-20-2 of the Consumer Code.
When a guarantee is offered in the event of a lack of results on a product presentation page, it is valid for a maximum period of 30 days. This guarantee only takes effect if the customer carries out the actions detailed in the purchased product. If the customer has not watched and fully applied the videos included in the product, they will not be eligible for the guarantee and therefore not eligible for a refund.
If a guarantee is offered on the course presentation page and the duration of the guarantee is not mentioned, it will be valid for a maximum of 30 days.
If no warranty is offered, no refund is possible in accordance with Article L121-20-2 of the Consumer Code concerning video recordings.
To exercise this right of withdrawal, the Consumer shall send a statement to the following address: contact[at]service-client.com.
He shall be reimbursed for all fees paid for the provision of services within 14 days of the Company becoming aware of his declaration of withdrawal. The refund shall be made using the same payment method used for the purchase.
However, if the service provision has already commenced on the date the Company becomes aware of the withdrawal, the value corresponding to the service already provided will be deducted from the refund. The refund will be made using the same payment method as for the purchase.
11. Processing of personal data
Registration on the Website entails the processing of the Customer’s personal data. If the Customer refuses to allow their data to be processed, they are requested to refrain from using the Website.
This processing of personal data is carried out in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016.
Furthermore, in accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to query, access, rectify, modify and oppose all of their personal data at any time by writing, by post and providing proof of their identity, to the following address: contact[at]service-client.com.
This personal data is necessary for processing your Order and issuing invoices where applicable, as well as for improving the functionality of the Website.
12. Sharing of collected data
The Website may use third-party companies to perform certain operations. By browsing the Website, the Customer agrees that third-party companies may have access to their data to enable the Website to function properly.
These third-party companies only have access to the data collected for the purpose of performing a specific task.
The Website remains responsible for the processing of this data.
Furthermore, the User may therefore receive information or commercial offers from the Company or its partners.
The User may at any time object to receiving these commercial offers by writing to the Company’s address indicated above, or by clicking on the link provided for this purpose in the emails received.
Furthermore, Customer information may be transmitted to third parties without their express prior consent in order to achieve the following purposes:
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- comply with the law
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- protect any person from serious bodily harm or death
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- combat fraud or harm to the Company or its users
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- protect the Company’s property rights.
13. Data protection
The Company ensures an appropriate level of security commensurate with the risks involved and their likelihood, in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016.
However, these measures do not constitute a guarantee and do not bind the Company to any obligation of result regarding data security.
14. Cookies
To enable its Users to enjoy optimal browsing on the Website and improved functioning of the various interfaces and applications, the Company may place a cookie on the User’s computer. This cookie stores information relating to browsing on the Website, as well as any data entered by Users (including searches, login, email, password).
The User expressly authorises the Company to place a file known as a “cookie” on the User’s hard drive.
The User has the option to block, modify the storage period, or delete this cookie via their browser interface. If the systematic deactivation of cookies on the User’s browser prevents them from using certain services or features of the Website, this malfunction shall in no way constitute damage to the member, who shall not be entitled to any compensation as a result.
15. Amendments
The Company reserves the right to modify the Website, the services offered on it, the GTC/GTCU, as well as any delivery procedure or other element constituting the services provided by the Company through the Website.
When placing an Order, the User is subject to the provisions set out in the GTC/GTCU in force at the time of placing the Order.
16. Liability
The Company shall in no event be held liable for the temporary or permanent unavailability of the Website and, although it shall use all reasonable means to ensure continuous service, the service may be interrupted at any time. Furthermore, the Company reserves the right, by voluntary action, to make the Website unavailable in order to carry out any updates, improvements or maintenance.
As mentioned above, the Company shall in no event be held liable for delays in the provision of services for reasons beyond its control, independent of its will, unforeseeable and irresistible, or for which it cannot be held responsible.
17. Intellectual property
The brand, logo and graphic charter of this Website are registered trademarks with the INPI (French National Institute of Industrial Property) and are protected by intellectual property rights, which are the exclusive property of the Company. Any distribution, use, representation or reproduction, whether partial or complete, without the express authorisation of the said company will expose the offender to civil and criminal prosecution.
18. Jurisdiction clause
The law governing the GTC/GTCU is French law. Any dispute that may arise between the Company and a User during the execution of these terms and conditions shall be subject to an attempt at amicable resolution. Failing this, disputes shall be brought before the competent courts of common law.
The Customer is informed that they may resort to conventional mediation, either through the Consumer Mediation Commission provided for in Article L534-7 of the Consumer Code or through existing sectoral mediation bodies. They may also resort to any alternative dispute resolution method in the event of a dispute.
19. Pre-contractual information
Prior to placing an Order, the Customer acknowledges having received, in a legible and comprehensible manner, the GTC/GTCU and the information and details provided for in Articles L111-1 to L111-7 of the French Consumer Code, and in particular:
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- the essential characteristics of the Services;
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- the price of the Services;
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- the date or deadline by which the Company undertakes to provide the Service;
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- information relating to the Company’s identity (postal address, telephone number, email address);
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- information relating to statutory and contractual guarantees and the terms and conditions for their implementation;
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- the possibility of resorting to conventional mediation in the event of a dispute;
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- information relating to the right of withdrawal (time limit, terms and conditions).
Placing an Order on the Website implies acceptance of the GTC/GCU. The Customer may not invoke any contradictory document.
20. Contact details for the mediator
Association of Mediators of Western Brittany (AMBO)
12 rue Colbert B37, Lorient 56100