General conditions of sale for individuals

General conditions of sale of online services to private consumers Preamble These general conditions of sale apply to all services concluded on the Prize2consciences website The Prize2consciences website is a service of: - the company Prize2consciences - located at: 9 place Saint-Charles 42650 Saint-Jean-Bonnefonds - site URL address: www.prise2consciences.com - email address: julien.contu@prise2consciences.com - phone: 06-99-42-97-51 declares to have read and accepted the general conditions of sale prior to placing the order. The validation of the order therefore implies acceptance of the general conditions of sale. Article 1 - Content and field of application These general conditions of sale apply automatically to the following services: Training They apply to the exclusion of all other conditions, and in particular those applicable for internet sales or by means of other distribution and marketing channels. The sale is deemed concluded on the date of acceptance of the order or on immediate purchase by the seller. Any order or immediate purchase implies unreserved acceptance of these general conditions of sale which prevail over all other conditions, with the exception of those which have been expressly accepted by the seller.The buyer declares to have read these general conditions of sale and to have accepted them before his immediate purchase or the award of his order Article 2 - Pre-contractual information Prior to the immediate purchase or the placing of the order and the conclusion of the contract, these general conditions of sale are communicated to the buyer, who acknowledges having received them. The following information is sent to the buyer, in a clear and understandable manner: - the essential characteristics of the service; - the price of the service or the method of calculation of the price and, if applicable, all additional costs of transport, delivery or postage and all other possible costs; - the date or the deadline on which the service provider undertakes to perform the service, which regardless of its price, and any other contractual condition; - information relating to the identity of the service provider, its postal, telephone and electronic contact details, and its activities; - the methods provided for processing complaints; - the duration of the contract, when it is concluded for a fixed term, or the conditions for its termination in the event of a contract of indefinite duration; - with regard to digital content any relevant interoperability of this content with certa hardware or software of which the trader knows or should reasonably be aware. The service provider must also communicate to the purchaser, or make available to him, the following information: - legal status and form, contact details allowing quick contact and direct communication with him; - where applicable, the number registration in the trade and companies register or in the trades register; - for activities subject to an authorization regime, the name and address of the authority that issued it; - for the service provider subject to the value added tax and identified by an individual number in application of article 286 ter of the general tax code, its individual identification number; - for the service provider member of a regulated profession, his professional title, the State member of the EU in which it was granted as well as the name of the order or professional body with which it is registered; - any financial guarantee or professional liability insurance taken out by it, the contact details of the insurer or guarantor as well as the geographic coverage of the contract or commitment. Article 3 - Order By order, we mean any order relating to the services appearing in the seller's prices, and accepted by him, accompanied by the payment of the deposit that may be provided for on the order form. Any order, to be valid, must be established on the seller's order forms, available to customers in its stores.Any order received by the seller is deemed firm and final.It entails full adherence and acceptance of these general conditions of sale and obligation to pay products ordered.The buyer has a right of withdrawal of 14 days from the conclusion of the contract, except as provided for in article L.211-28 of the Consumer Code.Article 4 - Quotation For services giving rise to upon establishment of a preliminary estimate, the sale will only be considered final after establishment of an estimate by the service provider and sending to the buyer confirmation of the acceptance of the On order The quotes drawn up by the service provider are valid for 3 months. Article 5 - Performance of the service and termination of the contract Unless expressly specific conditions specific to the sale, the performance of the service will be carried out within a maximum period of 1 year after the purchase from the receipt by the seller of '' an order in good and due form.In the event of the seller's breach of his obligation to perform on the date or at the expiration of the period provided for above, or, failing that, no later than 30 days after the conclusion of the contract, the buyer may terminate the contract, under the conditions of Articles L. 216-2 and L. 216-3 and L. 216-4 of the Consumer Code, by registered letter with acknowledgment of receipt or by a writing on another durable medium, if, after having ordered, under the same terms, the professional to provide the service within a reasonable additional period of time, the latter has not performed within that period. The contract is considered terminated after receipt by the professional of the letter or writing informing him of this termination, unless the trader has performed in the meantime.However, the buyer can immediately terminate the contract when the trader refuses to provide the service or when he does not fulfill his obligation to provide the service to the scheduled date, if this date or deadline constitutes an essential condition of the contract for the buyer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request of the consumer before the conclusion of the contract. The costs and risks associated with this operation are the sole responsibility of the service provider. Except in cases of force majeure, The deposit paid with the order is automatically acquired and cannot give rise to any refund. Article 6 - Withdrawal period and reimbursement The buyer has a right of withdrawal of 14 days from the conclusion of the contract.The professional must reimburse the buyer for all sums paid, at the latest within 14 days of from the date on which he is informed of the buyer's decision to withdraw (C. consom., art. L. 221-24), except for justified delay. In accordance with article L. 242-4 of the code consumption, when the professional has not reimbursed the sums paid by the buyer, the sums due are automatically increased: - by the legal interest rate if the reimbursement is made no later than 10 days after the expiry of the 14-day period stated above, - 5% if the delay is between 10 and 20 days, - 10% if the delay is between 20 and 30 days, - 20% if the delay is between 30 and 60 days, - by 50% between 60 and 90 days, - and by five additional points for each new month of delay until competition e the price of the product, then the legal interest rate Cancellation of the order after the withdrawal period After the 14-day withdrawal period, in the event of cancellation of the order by the buyer, after acceptance by the seller, for whatever reason it is except force majeure, a sum corresponding to 25% of the amount of the purchase will be acquired to the seller, as damages, in compensation for the damage thus suffered. Article 7 - Prices The prices are firm and final. Unless expressly specific conditions specific to the sale, the prices of the services provided are those appearing in the price catalog on the day of the order. They are expressed in legal tender and stipulated all taxes included. Article 8 - Payment Unless other terms expressly provided for in the special conditions, payment of the price is made in cash when ordering. No order can be taken into account in the absence of full payment by this date. Payments made by the buyer will only be considered final after actual receipt of the sums due by the service provider. An invoice will be given to the buyer on request. Article 9 - Guarantees - General 9-1 Legal guarantee of conformity Prize2consciences guarantees the conformity of the goods sold with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 and following of the Consumer Code In case of implementation of the legal guarantee of conformity, it is recalled that: - the buyer has a period of 2 years from the delivery of the good to act; - l the buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code; - the buyer does not have to provide proof of the -conformity of the good during the 24 months in the case of new goods (6 months in the case of second-hand goods), following the delivery of the good. 9-2 Legal warranty against hidden defects In accordance with Articles 1641 and following of the Civil Code, Prize2consciences guarantees against hidden defects that may affect the goods sold. It will be up to the buyer to prove that the defects existed in the sale of the good and are such as to make the good unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect. The buyer can choose between the resolution of the sale or a reduction in the price in accordance with article 1644 of the civil code.Article 10 - Intellectual property All technical documents, products, drawings, photographs given to buyers remain the exclusive property of Prize2consciences , the sole holder of the intellectual property rights on these documents, and must be returned to him at his request. Purchasers and clients undertake not to make any use of these documents, which may infringe the industrial or intellectual property rights of the supplier and undertake not to disclose them to any third party.Article 11 - Competent jurisdiction All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, termination, consequences and consequences and which could not have been resolved amicably. re the seller and the customer, will be subject to the competent courts under the conditions of common law. For the definition of the competent court, the seller elects domicile at 9 place Saint-Charles 42650 Saint-Jean-Bonnefonds. Article 12 - Language of the contract These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute. Article 13 - Mediation and settlement of disputes The buyer may resort to conventional mediation, in particular with the Commission de la consumer mediation or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute. In the event of a dispute, the contact details of the mediator to whom the buyer can contact are as follows: mediator of the CNPM, CNPM MEDIATION DE LA CONSUMATION, 27 avenue de la liberation, 42400 Saint-Chamond. In accordance with article 14 of Regulation (EU) n ° 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals of the 'European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/. Article 14 - Applicable law These general conditions are subject to the application of French law. This is the case for the substantive rules as for the rules of form. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution. Article 15 - Protection of personal data Data collected: The personal data collected on this site are as follows: - account opening: when creating the user's account, his name; first name; email address ; Phone Number ; postal address; - 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 enter 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 data financial 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 kept temporary; - 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 personal data with third parties Personal data may be shared with third-party companies, in the following cases: - when the user uses 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 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 the 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 modification 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. ________________________________________ Annex Withdrawal form (to be completed by the consumer, and sent by registered letter with acknowledgment of receipt, within the maximum period of 14 days following the date of conclusion of the service contract) Withdrawal form For the attention of: Prize2consciences , located at 9 place Saint-Charles 42650 Saint-Jean-Bonnefonds, telephone number: 06-99-42-97-51, email address: julien.contu@prise2consciences.com I hereby notify you of my withdrawal of the contract for the provision of service, ordered on: ......... First and last name of the consumer: ................. Address of the consumer: .. ............... Date: .................. Signature of consumer
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