General Conditions of sale and use
Entre Frédéric Lacroix (commercial name: C5s), 5 rue des Griottiers, 69800 St Priest (France), registered in the Directory of companies and establishments with the SIRET number 843 766 213 00022, duly authorized for the purposes of these stipulations. Hereinafter the “Seller” or the “Company”.
And the natural or legal person purchasing the company’s services, hereinafter, “the Buyer”, or “the Customer” or “the User”
The following was stated and agreed:
PREAMBLE
The Seller is a publisher of online training and personality tests. They are intended exclusively for consumers or professionals, marketed through the @Prisme website (https://aprisme.blog). The list and description of the services offered by the Company can be consulted on the aforementioned site.
Article 1 : Purpose and general purposes
These General Conditions of Sale (GCS) determine the rights and obligations of the parties within the framework of the online sale of Services offered by the Seller. These terms apply to all sales of Services, made through the Company’s website and are an integral part of the Contract between the Buyer and the Seller.
The Seller reserves the right to modify these conditions at any time by publishing a new version on its website. The GCS then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) for the order.
These GCS can be viewed on the Company’s website at the following address:
https://aprisme.blog/conditions-de-vente-et-dutilisation/.
The company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The customer declares to have read all of these General Conditions of Sale, and, where applicable, the Special Conditions of Sale related to a service, and to accept them without restriction or reservation.
The Customer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs. The Customer must be able to legally contract under French law or validly represent the natural or legal person for whom he is committed. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 2 : Subscription
Registration on the Site is open to all legal or natural persons of legal age and enjoying their full personalities and legal capacities. The Buyer is not conditioned on his registration on the site. Registration is free.
To proceed with registration, the user must complete all required fields; otherwise, registration cannot be completed. Users guarantee and declare on their honor that all information provided on the site, in particular when registering, is accurate and conforms to reality. They undertake to update their personal information from the page dedicated to them and available in their account.
Any registered user has a username and password. These are strictly personal and confidential and should not under any circumstances be communicated to third parties under penalty of deletion of the account of the offending registered User. Each registered user is personally responsible for maintaining the confidentiality of his username and password. The company will not be held responsible for the identity theft of a User. If a User suspects fraud at any time, they should contact the Company as soon as possible so that the latter can take the necessary measures and regularize the situation
Article 3 : Price
The prices of the Services sold through the Internet site are indicated in Net Euros (VAT not applicable, art. 293 B of the CGI) and precisely determined on the pages describing the Services. They are also indicated in euros on the Services order page. The Company reserves the right to modify its prices at any time for the future. The seller agrees to invoice the services at the rate applicable at the time of their order. The telecommunications costs necessary to access the Company’s websites are the responsibility of the Customer. If applicable, also the delivery costs.
Article 4 : Conclusion of the contract online
The Customer must follow a series of steps specific to each Service offered by the Seller in order to be able to place his order. However, the steps described below are systematic:
➢ Information on the essential characteristics of the Service;
➢ Choice of the Service, if applicable of its options
➢ Indication of essential Customer data (identification, address, etc.);
➢ Acceptance of these General Conditions of Sale.
➢ Verification of the elements of the order and, if necessary, correction of errors.
➢ Follow-up of instructions for payment and payment of services.
The Customer will then receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a “.pdf” copy of these general conditions of sale. The Seller reserves the right to refuse the order as soon as possible, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5 : Services
The essential characteristics of the services and their respective prices are made available to the purchaser on the company’s website.
The customer certifies having received a detail of the terms of payment, delivery and performance of the contract. The Seller undertakes to honor the Customer’s order within the limits of the respective availability of the Seller and the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and confirmation during the validation of the order. The parties agree that the illustrations or photos of the services offered for sale have no contractual value and are unavailable. Unless there are special conditions, the period of validity of the Services offer when there is a quote and their prices is 3 months. Unless there are special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the communicated email address).
The client acknowledges that these services (online training, personality tests, articles, pages) do not fall within a framework of psychotherapy.
Article 6 : Achievements of services
The Seller undertakes to respond to its obligation of means to perform the service within the deadlines announced when placing the order. He can in no way be held responsible for delays in the performance of services caused by faults which are not attributable to him.
If the services have not been carried out within the prescribed period, the resolution of the sale may be requested by the customer under the conditions provided for in Articles L138-2 and L138-3 of the Consumer Code. The sums paid by the Customer will be returned to him at the latest within fourteen days following the date of termination of the contract.
This provision does not apply when the Seller’s delay is due to fault on the part of the Customer or a case of force majeure.
Article 7 : Availability and presentation
Orders will be processed within the limits of our availability. In the event of unavailability for a period exceeding 7 working days, you will be immediately notified of the foreseeable delays in the execution of the provision of the Service and the order may be canceled on request. The Customer may then request a credit for the amount of the service or its reimbursement.
Article 8 : Payment
Payment is due immediately upon ordering. Thus the Customer can make the payment by bank transfer. The Customer confirms that he is the legal holder of the debited bank account and that he is legally entitled to use it.
Article 9 : Withdrawal period
Due to the nature of the service (sending a web link to access training and a password) the consumer has a right of withdrawal without having to justify reasons or pay penalties. The right of withdrawal mentioned in the previous paragraph runs from the acceptance of the offer for the provision of services. The right of withdrawal can be exercised by contacting the seller on the contact page of the site (https: // aprisme / contact) Indicating his name, his email address, the order number of the service ordered and his bank details to proceed. reimbursement by bank transfer. If the right of withdrawal is exercised, the price of the services will be refunded within 14 days of the Seller becoming aware of his declaration of withdrawal. The refund will be made by the same means of payment as that used for the purchase.
In accordance with Article L. 121-20-2 of the Consumer Code, this right of withdrawal cannot be exercised once the performance of the service has been completed (sending of the link to access the training or tests). In such a circumstance, the buyer will not be able to exercise his right of withdrawal.
Article 10 : Complaints
For all orders made on this site, the Customer has a right of complaint from the provision of the Service.
To exercise this right of complaint, the Customer must send the seller, at the address, a declaration in which he expresses his reservations & complaints, together with the relevant supporting documents.
A complaint that does not comply with the conditions described above cannot be accepted.
After examining the complaint, the Site may, if necessary, replace or reimburse the provision of the service as soon as possible and at its expense.
Article 11 : Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is made through these GCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 12 : Force majeure
The performance of the seller’s obligations under these terms is suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 13 : Modification of the contract
If one of the stipulations of this contract were to be modified, it can only be valid after a new written agreement signed by the parties.
Article 14 : Protection of personal data
In accordance with the Data Protection Act of January 6, 1978, you have the rights to query, access, modify, oppose and rectify your personal data. By adhering to these general conditions of sale, you agree that we collect and use this data for the performance of this contract. By entering your email address on one of the sites in our network, you will receive emails containing information and promotional offers concerning products published by the Company. But we do not share your email with partners or to a third party. You can unsubscribe at any time. All you need to do is contact the person in charge of the platform as indicated in the legal notices: https://aprisme.blog/en/legal-notice-and-gdpr. We monitor traffic on all of our sites. For more information see the legal notices: https://aprisme.blog/en/legal-notice-and-gdpr/.
Article 15 : Applicable right
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale transactions referred to therein, will be subject to French law.
Article 16: Special conditions for online training
16.1 Placing an order implies unreserved acceptance of these Special Conditions and the General Conditions of Sale.
16.2 The client acknowledges that this certifying training does not fall within an RNCP framework (National Directory of Professional Certification) which does not validate personal development training.
16.3 The user acknowledges using this training under his sole responsibility, in compliance with the laws in force in his country and / or his professional branch.
16.4 The customer will receive their access codes within 48 hours of confirming payment for the online training. These access codes are strictly personal and confidential.
16.5 The customer acknowledges that no refund will be possible from the moment he has access to the e-learning platform.
16.6 Only people over 18 and with legal capacity are authorized to register for this online training.
16.7 The customer must follow all the courses (Multiple Choice Questionnaire) and argue respectively on at least 1 character, or 3 characters from a film indicated by the seller. He can then apply for the “Enneagram Technician” or “Enneagram Council” Certificate via the online training platform.
Article 17: Special conditions for digitizing personality tests or questionnaires
17.1 Placing an order implies unreserved acceptance of these Special Conditions and the General Conditions of Sale.
17.2 The client acknowledges that online personality tests and questionnaires do not fall within the scope of psychotherapy, unless the client is himself a psychotherapist as defined in the country of practice and use.
17.3 The user acknowledges using these questionnaires under his sole responsibility, in compliance with the laws in force in his country and / or his professional branch.
17.4 The customer and the seller undertake to comply with the rules of the GDPR.
17.5 The customer acknowledges that, for security and ethical reasons, the seller reserves the right to refuse any request for access to its online questionnaires, without any right to reimbursement.
17.6 Only adults (over 18) and having legal capacity are authorized to order questionnaires or personality tests.
17.7 Upon receipt of full payment of the cost of the renewable annual subscription at the customer’s request, and the signed invoice, the seller will confirm to the customer his access to the questionnaires and will send him the web link (s) by email within 48 hours. These web links are strictly personal and confidential.
17.8 This or these online questionnaire (s) may at the discretion of the client include the client’s logo as well as an introductory text of the client not exceeding ten lines. All requests greater than 10 lines or more than 15 minutes of coding will incur additional and one-off costs billed at a rate of 80 € / h.
Our general conditions of sale have been drawn up from a free model which can be downloaded from the site https://www.donneespersonnelles.fr/