1. Preamble

The Company invites its Users to carefully read these General Terms and Conditions of Sale and Use (hereinafter the “GTC/GTU”). The GTC/GTU apply to all Services provided by the Company to its Clients of the same category, regardless of any clauses that may be included in the Client’s documents and, in particular, their general purchasing terms.

The GTC/GTU are systematically communicated to the Client upon request. The Client is required to familiarize themselves with the GTC/GTU before placing any Order.

In the event of subsequent modification of the GTC/GTU, the Client is 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 Client.

2. Definitions

• “Client” refers to any natural or legal person who places an Order on this Website;
• “Order” refers to any order placed by the registered User on this Site to benefit from the Company’s Services;
• “General Terms and Conditions of Sale and Use” or “GTC/GTU” refers to these online general terms and conditions of sale and use;
• “Consumer” refers to the individual buyer who does not act for professional purposes and/or outside their professional activity;
• “Professional” refers to the legal or natural person buyer who acts within the framework of their professional activity;
• “Services” refers to all service provisions offered to Users by the Company through this Site;
• “Site” refers to this Site;
• “Company” refers to the Company, more fully designated in Article I of these terms; and
• “User” refers to any person who uses the Site.

3. Registration

Registration on the Site is open to all legal entities or natural persons of legal age and in full possession of their legal capacity.

The use of the Services offered on the Site is conditional upon the User’s registration on the Site. To register, the User must fill in all mandatory fields, without which the service cannot be delivered. Otherwise, the registration cannot be completed.

Users guarantee and declare on their honor that all information communicated on the Site, particularly during their registration, is accurate and true. They undertake to update their personal information from the page dedicated to this purpose and available in their account.

Each registered User has an identifier and a password. These are strictly personal and confidential and must not be communicated to third parties under penalty of deletion of the offending registered User’s account. Each registered User is personally responsible for maintaining the confidentiality of their identifier and password. The Company shall not be held responsible 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 Site.

In the event of non-compliance with the GTC/GTU, including the creation of multiple accounts for a single person or the provision of false information, the Company reserves the right to proceed with the temporary or permanent deletion of all accounts created by the offending registered User. Deletion of the account results in the permanent loss of all benefits and services acquired on the Site. However, any Order made and invoiced by the Site before the deletion of the account will be executed under normal conditions.

In the event of account deletion by the Company for breach of the duties and obligations set out in the GTC/GTU, the offending User is formally prohibited from re-registering on the Site directly, through another email address, or through a third party without the express authorization of the Company.

4. Service Provision and Pricing

The Services subject to these GTC/GTU are those listed on the Site and offered directly by the Company or its partner service 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 euros including all taxes (VAT) and takes into account the applicable reductions and those in force on the day of the Order. The price indicated does not include additional fees, which will be indicated, if applicable, in the summary before placing the order.

The Company reserves the right to modify its prices at any time. It undertakes to invoice the 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 quote will be sent to the Client.

Under no circumstances may a User demand the application of reductions that are no longer in force on the day of the Order.

5. Orders

Any Order can only be made when the User has registered on the Site. The User, when logged into their account, 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 place their Order by clicking on the “Order” button.

They must then provide their address, the delivery method, and a valid payment method to finalize the order and effectively form the sales contract between them and the Company.

The registration of an Order on the Site is made when the Client accepts the GTC/GTU by checking the box provided for this purpose and validates their Order. This validation constitutes proof of the sales contract. The finalization of the Order implies acceptance of the prices and terms of service performance as indicated on the Site. Once their Order is placed, the Client will receive confirmation by email. This confirmation will summarize the Order and the information relating to the performance of the service(s).

In the event of default of payment, incorrect Client address, or other problems with the Client’s account, the Company reserves the right to block the Client’s order until the problem is resolved. In the event of the inability to perform the service, the Client will be informed by email at the address they provided to the Company. The cancellation of the order for this service and its refund will be made in this case, with the rest of the order remaining firm and final.

The Company may offer the Client price reductions, discounts, and rebates depending on the number of Services ordered or the regularity of Orders, according to the conditions set by the Company.

6. Payment Terms and Deadlines

Unless otherwise specified, all sales are paid in full at the time of placing the Order. Depending on the nature or amount of the Order, the Company reserves the right to require a deposit or full payment of the price at the time of placing the Order or upon receipt of the invoice.

Payment can be made by:

• Credit card

In the event of total or partial default of payment for the services on the due date indicated on the invoice, the Professional Client must pay the Company a late penalty, the rate of which is equal to the rate applied by the European Central Bank for its refinancing operation plus 10 percentage points. The refinancing operation retained is the most recent on the date of the Order for the Service Provision.

In addition to late penalties, any amount, including the deposit, not paid on its due date will automatically result in the payment of a flat-rate compensation of 40 euros due for collection costs.

In the event of total or partial default of payment for the services on the due date indicated on the invoice, the Consumer Client must pay the Company a late penalty, the rate of which is equal to the legal interest rate.

No compensation can be made by the Client between penalties for late delivery of the ordered services and amounts due 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 amount including all taxes of the remaining amount due and runs from the due date of the price without any prior formal notice being necessary. In the event of non-compliance with the payment conditions described above, the Company reserves the right to cancel or suspend the sale.

7. Performance of Services

The service ordered on the Site will be provided by:

The Company undertakes to implement all human and material means to perform the service within the deadlines announced at the time of placing the Order. However, it cannot be held responsible for delays in performing the service due to faults that are not attributable to it.

If the services have not been performed within the agreed deadline, the cancellation of the sale may be requested by the Client under the conditions provided for in Articles L216-2 and L216-3 of the Consumer Code. The amounts paid by the Client will be refunded to them no later than fourteen days following the date of termination of the contract. This provision does not apply when the Company’s delay is due to a fault of the Client or a case of force majeure, i.e., the occurrence of an unforeseeable, irresistible event independent of the will of the Company.

In the event that the performance of a physical service could not be carried out 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 borne by the Client.

8. Complaints

For all Orders placed on this Site, the Client has a right to complain within 14 days from the provision of the Service.

To exercise this right to complain, the Client must send the Company, by email, a declaration in which they express their reservations and complaints, accompanied by the relevant supporting documents.

A complaint that does not meet the conditions described above will not be accepted.

After examining the complaint, the Site may, if applicable, replace or refund the Service within the shortest possible time and at its expense.

9. Consumer’s Right of Withdrawal

The Consumer has a right of withdrawal of 14 days from receipt of 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° For the supply of services fully performed before the end of the withdrawal period and whose performance has begun after the express prior 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 which may 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 that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection;

6° For the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;

7° For the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose agreed value at the conclusion of the contract depends on market fluctuations 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, limited to the replacement 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 to these publications;

11° Concluded at a public auction;

12° For the provision of accommodation services other than residential accommodation, goods transport services, car rental, catering, or leisure activities which must be provided on a specified date or within a specified period;

13° For the supply of digital content not supplied on a physical medium whose performance has begun after the express prior consent of the consumer 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 null and 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 case of absence of results on the presentation page of a product, it is valid for a maximum of 30 days. This guarantee only takes effect if the client performs the actions detailed in the purchased product. If the client has not fully watched and applied the videos presented in the product, they will not be eligible for the guarantee and therefore not eligible for a refund.

If no guarantee is offered, no refund is possible in accordance with Article L121-20-2 of the Consumer Code regarding video recordings.

To exercise this right of withdrawal, the Consumer sends a declaration to the address via the contact page.

They will be refunded the total amount paid for the service within 14 days following the Company’s acknowledgment of their withdrawal declaration. The refund will be made by the same means of payment as that used for the purchase.

However, if the service has already begun on the date of acknowledgment of the withdrawal by the Company, the value corresponding to the service already performed will be deducted from the refund. The latter will be made by the same means of payment as for the purchase.

10. Processing of Personal Data

Registration on the Site involves 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 compliance with the General Data Protection Regulation 2016/679 of April 27, 2016.

Moreover, in accordance with the French Data Protection Act of January 6, 1978, the Client has, at any time, a right to query, access, rectify, modify, and object to all their personal data by writing, by mail and justifying their identity, to the following address: contact[at]service-client.com.

This personal data is necessary for the processing of their Order and the establishment of their invoices, if applicable, as well as for the improvement of the Site’s functionalities.

11. Sharing of Collected Data

The Site may use third-party companies to perform certain operations. By browsing the Site, the Client accepts that third-party companies may have access to their data to ensure the proper functioning of the Site.

These third-party companies only have access to the collected data within the framework of performing a specific task.

The Site remains responsible for the processing of this data.

Moreover, 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 within the emails received.

Moreover, Clients’ information may be transmitted to third parties without their prior express consent to achieve the following purposes:

• Comply with the law
• Protect any person from serious bodily harm or death
• Combat fraud or attacks on the Company or its users
• Protect the Company’s property rights

12. Data Protection

The Company ensures a level of security appropriate and proportionate to the risks incurred and their probability, in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016.

However, these measures do not constitute a guarantee in any way and do not commit the Company to an obligation of result concerning the security of the data.

13. Cookies

To allow its Users to benefit from optimal navigation on the Site and better functioning of the different 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 (particularly searches, login, email, password).

The User expressly authorizes 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 duration, 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 functionalities of the Site, this malfunction may in no way constitute damage for the member, who may not claim any compensation for this reason.

14. Modifications

The Company reserves the right to modify the Site, the services offered thereon, the GTC/GTU, as well as any delivery procedure or other element constituting the services performed by the Company through the Site.

When placing an Order, the User is subject to the stipulations set out by the GTC/GTU in force at the time of placing the Order.

15. Liability

The Company cannot be held responsible for the unavailability, whether temporary or permanent, of the Website, and although it implements all means to ensure permanent service, it may be interrupted at any time. Moreover, the Company reserves the right, by a voluntary act, to make the Site unavailable to carry out any update, improvement, or maintenance operation. In the event of a request for compensation under the package insurance, the client undertakes to provide all the supporting documents required by our services for the processing of the file in accordance with the legal provisions in force. Failure to provide the requested documents may result in the rejection of the compensation request.

As mentioned above in these terms, the Company cannot be held responsible for delays in performing a service for reasons beyond its control, independent of its will, unforeseeable, and irresistible, or for which it cannot be held at fault.

16. Intellectual Property

The brand, the logo, and the graphic charter of this Site are trademarks and works protected under intellectual property, the ownership of which exclusively belongs to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or total, without the express authorization of said company will expose the offender to civil and criminal prosecution.

17. Use of Testimonials

The testimonials presented on our site, our advertising materials, or any other communication channel may come from customers who have used products or services similar to those currently offered. These testimonials are used for informational and illustrative purposes to give an overview of potential user experiences.

We are committed to ensuring that these testimonials accurately reflect the actual opinions of customers. However, they do not constitute a guarantee of similar results for all users, as results may vary depending on individuals and conditions of use.

18. Jurisdiction Clause

The law governing the GTC/GTU 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 this, disputes will be brought to the attention of the competent courts of common law.

The Client is informed that they may resort to conventional mediation with the Consumer Mediation Commission provided for in Article L534-7 of the Consumer Code or with the existing sectoral mediation bodies. They may also resort to any alternative dispute resolution method in the event of a dispute.