General conditions of sale for professionals

General conditions of sale of services between professionals on the internet Preamble The general conditions of sale described below detail the rights and obligations of prize2consciences and its client in the context of the sale of its services. therefore implies the buyer's unreserved acceptance of these general conditions of sale. Article 1 - Principles These general conditions relate to the provision of services provided between professionals (service provider / buyer). These general conditions express all the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the buyer is deemed to accept them without reservation. These general conditions of sale prevail over any other document, and in particular over all general purchasing conditions. . They apply, without restriction or reservation, to all services rendered by the service provider to buyers of the same category. The service provider and the buyer agree that these general conditions exclusively govern their relationship. The service provider reserves the right to modify its general conditions from time to time. They will apply as soon as they are put online. If a condition for the provision of services were to be lacking, it would be considered to be governed by the practices in force in the sales sector. remote whose companies have their head office in France. These general conditions of sale are communicated to any purchaser who requests them, in order to allow him to place an order. The supplier reserves the right to derogate from certain clauses hereof, depending on the negotiations carried out with the buyer, by the establishment of specific conditions of sale.The service provider may, in addition, establish categorical general conditions of sale, derogating from these general conditions of sale, depending on the type of buyer considered, according to criteria that will remain objective. Buyers meeting these criteria will then be subject to these categorical general conditions of sale. These general conditions of sale are applicable until December 31, 2020. Article 2 - Content The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of the services offered by the service provider to the buyer. They relate to the following services: Training. These conditions only concern services provided in France for buyers located on French territory. For any service provided outside France, or for a buyer located outside of France, it should be indicated to obtain a specific quote. Article 3 - The order The buyer places his order online, from the online catalog and by means of of the form which appears on the site. For the order to be validated, the buyer must accept, by clicking at the place indicated on the site, these general conditions. Its acceptance will result in the sending of a confirmation email from the service provider, in accordance with the conditions described below. Payment is made by direct debit. All orders constitute acceptance of the prices and descriptions of the services offered. In certain cases, in particular non-payment, incorrect address or other problem on the buyer's account, the service provider reserves the right to block the buyer's order until the problem is resolved. , the buyer will be informed by email. The cancellation of the order for this service and its possible refund will then be made, the rest of the order remaining firm and final. For any question relating to the follow-up of an order, The buyer must call 06-99-42-97-51, Monday to Friday from 9 a.m. to 6 p.m. (cost of a local call). Article 4 - Electronic signature The online provision of the buyer's bank details and the final validation of the order will be worth proof of the buyer's agreement and will be worth: - payment of the sums due under the order form; - signature and express acceptance of all the operations carried out In the event of fraudulent use of the contact details banking, the buyer is invited, as soon as this use is noted, to contact 06-99-42-97-51. Article 5 - Order confirmation The contractual information will be confirmed by e- email at the latest at the time of the start of performance of the services, to the address indicated by the purchaser in the order form Article 6 - Proof of the transaction Computerized registers, kept in the service provider's computer systems under conditions reasonable security, will be considered as proof of communications, orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as evidence. Article 7 - Information on services The services governed by these general conditions are those which appear on the service provider's website and which are indicated as carried out by the service provider or under his control. They are offered within the limits of the service provider's availability. The services are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the provider cannot be held responsible. Article 8 - Price Calculation Unless otherwise agreed, the price of services is established on the basis of the number and experience of the staff required, the level of competence and responsibility required; hourly rates are revised periodically. Travel, living and accommodation costs incurred for the performance of the services will also be invoiced, if applicable. VAT at the rate in force is added, where applicable, to fees and disbursements. Delays or other unforeseen problems, over which the service provider has no control and which are beyond its control, may result in additional fees which may be subject to additional invoicing. The service provider undertakes to inform the buyer of these delays and / or problems as soon as they arise in order to be able to assess the consequences with him. Invoices will be issued corresponding to the services provided and the disbursements incurred by provision and as and when they are carried out. Unless otherwise agreed, invoices are issued monthly. Payment of invoices is due: upon receipt. Late payment penalties In accordance with the law, any late payment obliges the service provider to invoice late payment penalties. The rate of late payment penalties is established on the basis of the rate of 3%; Furthermore, the late debtor will be required to pay the service provider a lump sum compensation for recovery costs of 40 Euros; in addition, the service provider will be entitled to suspend the performance of the services until full payment of the unpaid invoice without this non-performance being able to be considered as being attributable to him. Article 9 - Methods and terms of payment Payment Payment for the order is made by direct debit from the buyer's bank account, or by check. The buyer must enter his bank details in the place provided and confirm this entry by adding his computer RIB as an attachment to the order form. The service provider reserves the right to suspend any order management and any delivery in the event of refusal of payment authorization by officially accredited bodies or in the event of non-payment. The service provider reserves the right to suspend any order management and any delivery in the event of non-payment. The service provider reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. . The service provider has implemented an order verification procedure to ensure that no one is using another person's bank details without their knowledge. As part of this check, the buyer may be asked to send, by fax or email, to the service provider a copy of an identity document as well as proof of address. The order will then be validated only after receipt and verification by the service provider of the documents sent. Term payment The price is payable in full and in a single payment, upon receipt. This deadline will be mentioned on the invoice sent to the buyer. Late payment Any late payment will result in the immediate payment of all sums due to the service provider by the purchaser, without prejudice to any other action that the service provider would be entitled to bring in this regard, against the Buyer. Article 10 - Intervention times Except in cases of force majeure or during the closing periods clearly announced on the home page of the site, the intervention times will be, within the limits of the service provider's availability, those indicated below. The execution times run from the date of registration of the order indicated on the order confirmation email.For services provided in Metropolitan France, the time limit is between 1 day and 1 year maximum working days from the day following the day on which the buyer placed his order. In the event of delay, the provider cannot be held liable for any reason whatsoever. Consequently, no claim for compensation of any kind whatsoever can be claimed by the buyer. In the event that the service provider is unavailable to perform the service, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the possibility of requesting reimbursement of the sums paid within 30 days at the latest of their payment. Article 11 - Methods of implementation The implementation is only started after confirmation of payment by the provider's banking organization. It is provided within the timeframe specified on the order form, from the receipt by the service provider of the order form. In the event of non-compliance with the payment conditions appearing above, the seller may suspend or cancel the service. The service is provided to the address indicated by the buyer on the order form. The buyer will have to ensure its accuracy. Any trip to the loss of the service provider because of an incorrect or incomplete address will be billed to the buyer. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form. ensure access to the service provider, in particular if he is not personally present on the day the service is provided. The end of the service will give rise to an end of intervention document. The buyer must indicate on this document and in the form of handwritten reservations accompanied by his signature any anomaly concerning the service or the conditions of its realization. This verification is considered as carried out when the buyer, or a person authorized by him, signed the end of intervention document. Article 12 - Obligations of the service provider The service provider's commitments constitute an obligation of means at the end of which the services will be performed in strict compliance with the professional rules in use as well as, where applicable, in accordance with the conditions of the contract. To do this, the service provider will assign to the performance of the services professionals with the skills required to ensure their performance in accordance with its quality standards. Article 13 - Obligations of the buyer In order to facilitate the proper performance of the services, the buyer s '' undertakes: • to provide the service provider with complete, accurate and timely information and documents without being required to verify their completeness or accuracy; • to take decisions on time and obtain the necessary hierarchical approvals; • to appoint a correspondent with decision-making power; • to ensure that the key contacts and the correspondent are available throughout the performance of the services; • to directly notify the service provider of any possible difficulty relating to the performance of the services. Article 14 - Information and publicity The buyer acknowledges and accepts: • that the parties may, unless expressly requested otherwise by the other party, correspond or transfer documents by e-mail circulating on the internet; • that neither party may exercises control over the capacity, reliability, access or security of these e-mails; • that the service provider cannot be held responsible for any loss, damage, expense or prejudice caused by the loss, delay, interception, diversion or alteration of any electronic mail caused by any fact. In general, the parties undertake to comply with the regulations applicable to the protection of personal data and in particular the provisions of Law 78-17 of 6 January 1978 relating to information technology, files and freedoms. Article 15 - Intellectual property In the event that one of the service provider's recommendations or the use of elements delivered following one of its recommendations involves the use of goods, models, drawings, photographs, etc. being the subject of intellectual property rights belonging to third parties, the service provider will inform the purchaser of the existence of these rights and of the consequences of their use. It will then be up to the buyer and under his sole responsibility to take any measure allowing the use of such rights, in particular by negotiating for his own account the rights of use under conditions such that the service provider is able to do so. for the purposes of the services. For the specific needs of the services, the service provider may use or develop software, including spreadsheets, documents, databases and other IT tools. can be made available to the buyer and at his request. Insofar as these tools have been developed specifically for the needs of the service provider and without consideration of the buyer's own needs, they are made available to the buyer for the duration of the contract as is and without any warranty. attached, for simple use; they must not be distributed, shared or communicated to third parties, whether in whole or in part. This temporary provision will not entail any assignment of rights or guarantees, whatever the title, for the benefit of the purchaser or that of the third party. The service provider reserves all rights, title and interest on: • the original elements appearing in proceedings, documents, memos, consultations, opinions, conclusions or other pleadings, etc. carried out within the framework of the services, including without limitation, any copyright, trademark and any other related intellectual property right; • all methods, processes, techniques, developments, and know-how incorporated or not services or that the service provider would be required to develop or provide as part of the services.The buyer may, without geographical limitation, free of charge and irrevocable, use internally and for the duration of protection by the right to 'author, the elements designed by the service provider and integrated into his work. The buyer is forbidden to distribute, market, and more generally to make available or to concede the use of these same achievements and more generally to concede the use of these same elements to third parties without the agreement of the service provider. No party may make mention or use of the name, denomination, brands and logos or other designations, commercial or not, of the other party without the prior written consent of the latter. Notwithstanding the foregoing, the service provider may use the name, denomination, trademarks and logos of the purchaser during the contract to the extent that is strictly necessary for the performance of the services, including in proposals for subsequent services. In addition, the buyer authorizes the service provider, at the end of the performance of the services, to cite his name / denomination as a reference and to accompany this quotation, if applicable, with a generic description of the services provided. - Documents The service provider will keep the original documents that will have been given to him, and will return them to the buyer, on his request. All documents, data or information that the buyer has provided will remain his property. The service provider will keep a copy of the only documents necessary for the constitution of his working files. The working documents prepared as part of the services are our property and are covered by professional secrecy. Article 17 - Independence In the event that a conflict of interest or a problem of independence arises during the performance of the services, the service provider will immediately inform the buyer and will seek him the most suitable solution to the situation in compliance with the applicable rules. More particularly, if a modification of the regulations or professional standards prohibits the service provider from continuing its services, it will make the results of the services available to the purchaser as well as all the documents necessary for their finalization, including its Documents in it. condition, in order to facilitate the pursuit by a third party.Article 18 - Responsibility of the service provider The entire responsibility of the service provider and that of his collaborators relating to any breach, negligence or fault, noted during the execution services, will be capped at the amount of fees paid for the services in question, in order to cover claims of any kind (interest and costs included), regardless of the number of actions, grounds invoked, or of parties to the disputes. This stipulation shall not apply to a liability for death or bodily injury, or to any other liability which the law prohibits from excluding or e limit. The responsibility of the service provider can only be engaged in the event of proven fault or negligence and is limited to direct damage to the exclusion of any indirect damage of any kind whatsoever. cannot be engaged in the following cases: • following a failure or a deficiency of a product or a service of which the supply or the delivery is not incumbent on him or his possible subcontractors; • for the facts and / or data which does not fall within the scope of the services, and / or which is not an extension thereof; • in the event of use of the results of the services, for an object or in a context different from that in which it is intervened, incorrect implementation of recommendations or failure to take into account the service provider's reservations The service provider is not liable for its insurers or for indirect damage, or for loss of profit or loss of opportunity or expected benefits , nor consequ financial claims for any actions brought by third parties against the purchaser Article 19 - Guarantee The service provider guarantees the purchaser against any lack of conformity of the services and any hidden defect resulting from a defect in the design or provision of said services to the exclusion of any negligence or fault on the part of the buyer. In any event, in the event that the service provider is held liable, the service provider's guarantee would be limited to the amount excluding tax paid by the buyer for the provision of the services. Article 20 - Transferability and subcontracting The service provider reserves the right to transfer all or part of the performance of the services to service providers who meet the same qualification requirements. If the service requires specific technical skills, the service provider will inform the buyer about the possibility of subcontracting part of it. The subcontractor will then intervene under the sole responsibility of the service provider and will undertake to keep confidential all the information of which it becomes aware during the services. Article 21 - Complaints All complaints, whether amicable or legal, relating to the performance of the services must be formulated within one year from the end of the performance of the service. Article 22 - Right of withdrawal The buyer being a professional buying within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided for by the Consumer Code Article 23 - Force majeure Any circumstances beyond the control of the parties, preventing the performance under normal conditions of their obligations, are considered causes of exemption from the obligations of the parties and result in their suspension. The party invoking the circumstances referred to above must immediately notify the other part of their occurrence, as well as their disappearance. All irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by these parties, will be considered as force majeure. last, despite all reasonable efforts. Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers. The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts for more than three months, the present general conditions may be terminated by the injured party. Article 24 - Partial non-validation If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and their scope.Article 25 - Non-waiver The fact for one of the parties of not to rely on a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question. Article 26 - Title In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent. Article 27 - Protection of personal data Data collected Personal data collected on this site are as follows: account opening: when creating the user's account, their name; first name; email address ; phone number; connection: when the user connects to the website, the latter records, in particular, his name, first name, connection, use, location and payment data; profile: the use of the services provided on the website makes it possible to complete a profile, which may include an address and a telephone number; payment: as part of the payment for the products and services offered on the website, the latter records financial data relating to the user's bank account or credit card; communication: when the website is used to communicate with other members, the data concerning the user's communications are temporarily stored; cookies: cookies are used as part of the use of the site. The user has the option of deactivating cookies from the settings of his browser. Use of personal data The personal data collected from users is intended to provide the services of the website, improve them and maintain a secure environment. More specifically, the uses are as follows: - access and use of the website by the user; - management of the operation and optimization of the website; - organization of the conditions of use of the Payment Services; - verification, identification and authentication of data transmitted by the user; - offering the user the possibility of communicating with other users of the website; - implementing user assistance; - personalizing services by displaying advertisements according to the user's browsing history, according to their preferences; - prevention and detection of fraud, malware (malicious software or malicious software) and management of security incidents; - management of any disputes with users; - sending of commercial information and advertising, based on user preferences Sharing of personal data with third parties Personal data may be parta managed with third-party companies, in the following cases: - when the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has spent contracts; - when the user publishes, in the free comment areas of the website, information accessible to the public; - when the user authorizes the website of a third party to access his data; - when the website uses to provider services to provide user support, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data. personnel; - if required by law, the website may transmit data to respond to complaints against the website and comply with administrative and legal procedures; - if the website is involved in a merger operation , acquisition, disposal of assets or legal reorganization proceedings, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed, before the personal data is transferred to a third party. Security and confidentiality The website implements organizational, technical, software and physical measures in digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.Implementation of user rights In application of applicable regulations to personal data, users have the rights mentioned below, which they can exercise by making their request to the following address: prize2consciences@gmail.com• The right of access: they can exercise their right to access, to find out their personal data. In this case, before the implementation of this right, the website may request proof of the user's identity in order to verify its accuracy. • The right to rectification: if the personal data held by the website is inaccurate, they can request that the information be updated. • The right to delete data: users can request the deletion of their personal data , in accordance with applicable data protection laws. • The right to limit processing: users can ask the website to limit the processing of personal data in accordance with the assumptions provided for by the GDPR. • The right to object to the processing of data: users can object to their data being processed in accordance with the assumptions provided for by the GDPR. • The right to portability: they can request that the website provide them with the personal data provided to it in order to transmit them to a new website. Evolution of this clause The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the modification by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account. Article 28- Applicable law These general conditions are subject to the application of French law. They are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.The parties undertake to seek an amicable solution to any dispute that may arise from the performance of the services. fail to do so, the parties will submit the dispute to the competent commercial court.
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