Terms of sale
(Including conditions of use)
General Conditions of Sale and Use
PRELIMINARY ARTICLE – DEFINITIONS
The terms and expressions used in these General Conditions of Sale and Use will be defined as follows:
“GCSU”: abbreviation for General Conditions of Sale and Use;
“Service Provider”: refers to the company SALESFORCES, a single-member simplified joint stock company, whose head office is located at 117, Quai de Bacalan, 33300 Bordeaux, FRANCE, registered in the Bordeaux Trade and Companies Register under number B 922586615;
“Customer”: designates any person, whether professional or not, who purchases a Service as defined below;
“Consulting Premium”: designates a high-end consulting service;
“Personal Training Account”: designates the Client’s personal account, accessible via the Site https://www.moncompteformation.gouv.fr;
“E-learning and Distance”: refers to training that is followed remotely;
“Professional Training”: refers to training aimed at promoting professional integration or professional development, in accordance with article L.6313-1 et seq. of the Labor Code;
“Member”: means any Client who has previously purchased Professional Training from the Service Provider and who can provide proof;
“Leverage, Platinum or Ultimate Member”: means any Customer who has previously purchased a service pack of the same name from the Service Provider and who can provide proof;
“Modules”: all training programs present on the Site are made up of distinct sessions;
“Products”: includes all items available for sale on the Site;
“Services”: designates all of the services offered for sale on the Site;
“Site”: refers to the merchant website accessible at the URL address https://stratege-france.com/;
“Facial”: refers to the training which is followed in the presence of the service provider and the client.
ARTICLE 1 – SCOPE OF APPLICATION
These General Conditions of Sale and Use (CGVU) apply in full and unconditionally to all acquisitions of training carried out on the Website held, directly or indirectly by the company SALESFORCES, a single-member simplified joint stock company, of which the head office is located at 117, Quai de Bacalan, 33300 Bordeaux, FRANCE, registered in the Bordeaux Trade and Companies Register under number B 922586615.
These General Terms and Conditions prevail over all other conditions and are permanently accessible on the Site. They prevail in the event of discrepancy with any other version or any contradictory document.
The Customer certifies having previously read these General Terms and Conditions and having expressly accepted their application before initiating the online ordering procedure. In addition, the Customer certifies having the full legal capacity necessary to commit in accordance with the terms of these General Terms and Conditions.
It should be noted that these General Terms and Conditions may be modified at any time, the version in force at the time of placing the order on the Site prevailing for the purchase made by the Customer.
The act of placing the order on the Site is equivalent to unreserved acceptance of these General Terms and Conditions.
ARTICLE 2 – LEGAL INFORMATION
2.1 Company
The company STRATÈGE, a single-member simplified joint stock company, whose head office is located at 117, Quai de Bacalan, 33300 Bordeaux, FRANCE, registered in the Bordeaux Trade and Companies Register under number B 922586615 (hereinafter referred to as "STRATÈGE ").
2.2 Activity
STRATÈGE is a company specializing in premium consulting and training. We offer face-to-face and remote (online) training.
ARTICLE 3 – PRE-CONTRACTUAL INFORMATION
The fact for a Client to reserve a Service implies full and complete acceptance and acceptance of these General Terms and Conditions and obligations to pay for the Services, which is expressly recognized by the Client, who waives in particular the right to rely on any contradictory document, which would be unenforceable against the Client. Provider.
This article does not apply to professional Customers who have entered into a distance contract as defined by Article L.221-1 of the Consumer Code, except in exceptional cases.
The Customer acknowledges having, prior to placing his order and concluding the contract, received in a clear and understandable manner all of the information required by article L.221-5 of the Consumer Code, in particular:
- The main characteristics of the Services offered;
- The choices available regarding the Services and, where applicable, their options;
- Identification of the Customer using their personal data;
- The possibility of checking the elements of the order and correcting possible errors;
- Acceptance of these General Conditions of Sale and Use;
- Available payment terms;
- The actual price of the Services selected by the Customer at the time of the order;
- Sending an order confirmation email to the Customer;
- Transmission of access codes to the e-learning training platform;
- Information concerning contractual and legal guarantees;
- The possibility for the Customer to use a consumer mediator.
The fact of a Customer reserving a Service entails their full and complete acceptance of these General Terms and Conditions and the commitment to pay for the Services, which the Customer expressly acknowledges. The Client notably waives the right to rely on any contradictory document which would be unenforceable against the Service Provider.
It should be noted that the provisions of this article do not apply to professional Customers who have entered into a distance contract in accordance with Article L.221-1 of the Consumer Code, except in exceptional circumstances.
ARTICLE 4 – CHARACTERISTICS OF THE SERVICES
The main characteristics of the Services are set out on the website accessible at the address https://stratege-france.com/.
The images and graphics presented on the Site are for information purposes only and do not engage the responsibility of the Service Provider. The Customer is required to consult them before placing an order. The choice and purchase of the Services, as well as the payment terms, are the sole responsibility of the Customer.
The Services offered for sale are those which are available on the Site at the time of consultation by the Customer.
ARTICLE 5 – ORDER
The Service Provider reserves the right to delegate in whole or in part the marketing of certain Services available on the Site to companies linked directly or indirectly by capital links. This marketing delegation has no impact on the Customer.
5.1. Placing the order
5.1.1. General
Any order placed by the Customer on the Site constitutes the conclusion of a distance contract between the Customer and the Service Provider.
The information provided by the Customer when ordering is binding on the latter. Consequently, the Service Provider cannot under any circumstances be held responsible in the event of an error when ordering, likely to hinder or delay the execution or delivery of the Services.
When the Service ordered is a service provided in digital form, the Customer will receive it at the email address indicated during the order process. In addition, once the purchase has been made, a personal, confidential and non-transferable access code and password are sent to the Customer to allow them to access a reserved area where they can view the Service(s). s) purchased. The link to this reserved space will be communicated to the Customer.
5.1.2. Order on the site
The Customer selects the Service he wishes to order directly on the page dedicated to him while browsing the Site.
Once the Service has been selected, the Customer is redirected to a sales page containing the description of the product as well as its price. If he wishes to purchase the Service, he must click on the option of his choice (1st click).
Then, the Customer is directed to a page where he must enter his last name, first name and email address, then choose his payment method. He must select his type and method of payment.
To finalize their order, the Customer must click on “Validate order” (2nd click) or an equivalent mention.
Confirmation of the sale by this “double-click” is equivalent to the conclusion of the sales contract.
Before paying for their order, the Customer must read these General Conditions of Sale and check the box “I have read the general conditions of sale and I agree to them without reservation” or an equivalent wording.
5.1.3. Order by phone
When the Service Provider enters into direct contact with the Client to present its products and/or services, the Client can place an order. To this end, the Service Provider will indicate to the Client the steps to follow, including all relevant links.
The Customer therefore undertakes to provide all the necessary information and to accept these General Conditions of Sale before validating the order. The Service Provider cannot under any circumstances be held responsible in the event of an error when ordering, likely to hinder or delay the execution or delivery of the Services.
5.2. Order confirmation
The sale of the Services will only be considered final after confirmation of acceptance of the order by the Service Provider has been sent to the Customer by email, and after full payment thereof.
5.3. Editing the order
Due to the nature of the Services, no modification of the order by the Client will be possible after confirmation thereof by the Service Provider, in accordance with the express acceptance of the Client, subject to the provisions of article 15 hereof. .
5.4 Cancellation of the order
Given the nature of the Services, no cancellation of the order by the Client will be possible after confirmation thereof by the Service Provider and sending of access codes to the platform, in accordance with the express acceptance of the Client, subject to of the provisions of articles 11 (right of withdrawal) and 15 (force majeure) hereof.
The Service Provider reserves the right to cancel or refuse any order from a Customer in dispute relating to the payment of a previous order on the Site.
5.5 Cancellation of the purchase via the Personal Training Account (purchase not subject to prerequisites)
If the Client wishes to register for professional training offered by the Service Provider on its Site, he must first connect to his Personal Training Account on the site https://www.moncompteformation.gouv.fr/espace-prive /.
Once the Professional Training has been selected by the Client via the Personal Training Account, the Client submits a registration request. The Service Provider then has two (2) working days to respond to this request from receipt. In the absence of a response, the Client, holder of the Personal Training Account, may cancel his registration request and submit a new one.
Once the Customer's request is validated, the Service Provider sends the Customer an order proposal corresponding to the initial offer. Professional training can only begin after a mandatory period of eleven (11) working days between the date the order proposal is sent by the Service Provider and the start date of the training mentioned in the proposal.
The Customer has four (4) working days to confirm or not their order. If he confirms his order within this period, he will receive a final validation of the order by email from the Service Provider. In the absence of return from the Client within the aforementioned four (4) working day period, the place reserved for the Client will no longer be guaranteed, and the Service Provider will no longer be bound by its proposal. Systematic non-compliance with response times may be considered as a breach by the Customer of the provisions of these General Conditions of Sale.
When the Customer confirms the order proposal, he receives final validation of his order by email from the Service Provider. Following validation of the order, the Customer receives a registration certificate and is therefore required to participate in the training, subject to their right of withdrawal, as defined in article 11.3 hereof.
ARTICLE 6 – PRICES
6.1. General
The Services are provided at the prices in effect on the Site at the time the order is registered or directly on the Personal Training Account platform. Prices are indicated in euros, excluding taxes (HT).
The prices take into account any reductions granted by the Service Provider under the conditions specified on the Site.
These prices are firm and cannot be revised during their period of validity, as indicated on the Site. The Service Provider reserves the right, outside this period of validity, to modify them at any time.
An invoice is drawn up by the Service Provider and given to the Client upon provision of the Services ordered.
ARTICLE 7 – PAYMENT
7.1. Means of payment
When ordering, payment can be made in the following way:
1. Bank card (Mastercard, Visa, Bleue, American Express or Stripe Solution) on a completely secure site.
2. Bank transfer.
3. SEPA direct debit via GoCardLess.
In accordance with article L.133-8 of the Monetary and Financial Code, the Customer acknowledges that the commitment to pay by bank card is irrevocable.
By providing their banking information when ordering, the Customer authorizes the Service Provider to debit their card for the amount corresponding to the price indicated. The Customer confirms that he is the legal holder of the card used and that he has the legal right to use it.
Credit card payments are processed by a third-party payment provider using the Transport Layer Security protocol to ensure transaction security. The Service Provider cannot be held responsible in the event of fraudulent use of payment methods by third parties, as responsibility for the security of the system lies entirely with the third-party payment provider.
In the event of non-compliance with the payment conditions set out above, the Service Provider reserves the right to suspend or cancel the provision of the Services ordered by the Customer. The Customer will not be entitled to any compensation or reimbursement in this regard.
Payments made by the Client will only be considered final after the Service Provider has actually collected the sums due.
7.2. Payment terms
7.2.1. Online training via the Personal Training Account
When the Client subscribes to Professional Training via the Personal Training Account, he uses the funds available in his Personal Training Account.
If the amount available in the Personal Training Account does not fully cover the cost of the Professional Training, the Client can choose one of the following options:
1. Request additional funding for Professional Training according to the terms provided on the Personal Training Account website.
2. Request additional financing from a financing organization in accordance with the general conditions governing the operation of the Personal Training Account.
Payment is made after completion of the Professional Training service, with the exception of training lasting more than three (3) months, for which a deposit equivalent to twenty-five percent (25%) of the price of the Professional Training indicated in the order will be paid:
- The first payment is made from the Client's registration declaration by the Service Provider on the professional space.
- Subsequently, the Caisse des Dépôts et des Consignations proceeds to payment of the sums due to the Service Provider within a period not exceeding thirty (30) calendar days from full receipt of the billing data and any supporting documents requested, subject to the conformity of the payment request, that is to say after validation by the Caisse des Dépôts et des Consignations.
7.2.2. Other services
7.2.2.1. Conferences, seminars, coaching, events
Payment will be made in one go, corresponding to payment of the entire price of the Service.
7.3. Communication in case of change
If the Customer makes payments by SEPA direct debit and his bank details change, he must communicate his new bank details to the Service Provider and sign a new SEPA direct debit mandate.
Failing to respect these obligations, the Customer is exposed to legal proceedings, which may result in a conviction and the payment of damages for non-compliance with its contractual obligations.
7.4. Sanctions
7.4.1. General
The Service Provider reserves the right to suspend or cancel the provision of the Services ordered by the Client in the event of non-compliance with the aforementioned payment conditions. The Customer has no right to claim compensation or reimbursement in this regard.
7.4.2. Late payment
In the event of late payment and non-payment of amounts due by the Client, late payment penalties corresponding to 10% of the total amount excluding taxes of the price of the Services will automatically be acquired by the Service Provider, without the need for formalities or formal notice. prior.
When the Client is a professional or acts within the framework of his professional activity, articles L.441-1 and L.441-10 of the Commercial Code also authorize a fixed compensation of €50 for recovery costs.
Late payment will result in all sums owed by the Client becoming immediately payable, without prejudice to any other legal action that the Service Provider may take against them.
ARTICLE 8 – PROVISION OF DIGITAL SERVICES
8.1. Online formation
8.1.1. Complete training
The Services are provided face-to-face or remotely in the form of online training via an online learning platform, accessible unlimitedly for (12) months, subject to compliance with the provisions of these General Terms and Conditions.
The platform allows the Client to:
- Follow online training;
- Access replays of training videos if necessary;
- Possibly participate in live conferences.
The Services are accessible via the platform made available by the Service Provider on the Site. The Customer obtains a username and password by email after confirming payment of the price or the first due date in the case of installment payment.
The Service Provider implements the necessary means to guarantee the availability and operation of the platform, except in the event of a planned interruption for maintenance operations or in the event of force majeure.
The username and password are personal and confidential. The Client is solely responsible for their confidentiality and cannot hold the Service Provider liable in the event of loss or unauthorized use of the platform or its identifiers. Sharing identifiers with third parties is strictly prohibited.
All Services are protected by copyright, and Customer may not reproduce, adapt, translate, share, distribute or transfer the Services to third parties. The acquisition of the Services does not entail the transfer of copyright to the Client. The Customer may only use the Services for his personal needs. In the event of non-compliance with this rule, the Service Provider reserves the right to suspend the Client's access and claim damages.
8.1.1.1. Training modules
The Services on the platform are structured into Modules, depending on the training chosen.
8.1.1.2. Support for the Service Provider
The Service Provider can provide answers to the Client's questions during face-to-face training or by email to support@stratege-france.com during E-learning. However, the Service Provider is only bound by an obligation of means and not of results. Under no circumstances can the Client hold the Service Provider liable for late responses or request a reimbursement in this regard.
ARTICLE 9 – PROVISION OF ADDITIONAL SERVICES
The Service Provider offers a range of additional Services on its site, which are provided face-to-face and for which the Client has the possibility of booking online, such as conferences, consulting, seminars and other face-to-face events.
The Service Provider offers the Client the possibility of being contacted via a dedicated form to obtain a personalized quote concerning the production of thematic conferences or to register online.
The Service Provider also offers the Client the opportunity to register online for any other face-to-face event that it may organize.
Registrations on the site are open at least one (1) month before the scheduled date of the seminar or event.
The Service Provider offers individual and face-to-face consulting sessions to Leverage, Platinum and Ultimate Members.
ARTICLE 10 – ASSIGNMENT AND TRANSMISSION
The transfer and/or transmission of access to the online platform containing training and other digital products to third parties is strictly prohibited, and the Client expressly accepts this prohibition.
Likewise, the transfer and/or transmission of places for seminars as well as for any other event is strictly prohibited. The Customer is informed that the purchase of places for events organized by the Service Provider must be made for personal purposes and not on behalf of third parties.
The Customer undertakes not to engage in illegal practices linked to the illegal resale of places that he has previously purchased on the site, under penalty of criminal prosecution.
Failure to comply with the provisions of this article will result in the definitive exclusion of the Client from training, the closure of their online access, and the formal and permanent ban on participating in any event organized by the Service Provider, without prejudice to claims for damages. and interests.
ARTICLE 11 – INTELLECTUAL PROPERTY
11.1. Services
The Service Provider also holds all intellectual property rights on the Services, as well as on the documents, information, works, illustrations, images, photographs, videos, and audios available on the platform. These General Terms and Conditions do not entail any transfer of intellectual property rights to the Customer.
Consequently, the Client only has the right to use the Services and the content provided on the online learning platform, without authorization of reproduction, representation, adaptation, distribution, or exploitation for personal purposes or on behalf of third parties. . In addition, the Client expressly undertakes not to use the Services or the content to compete with the training, services or products of the Service Provider, nor to train third parties using the Services or the content in any manner whatsoever.
The Client explicitly acknowledges that any violation of this clause is likely to cause financial harm to the Service Provider, who may then request compensation.
11.2. Website
All elements present on the site, such as texts, comments, works, illustrations, images, photographs, videos, brands, databases, are the exclusive property of the Service Provider and benefit from the protection provided by French and international laws on Intellectual property.
Any total or partial reproduction of this content is strictly prohibited and constitutes an offense of counterfeiting.
11.3. Database
Under Directive 96/6/EC, the Service Provider is the exclusive producer of the databases made available to the Client. The Service Provider takes the initiative in their creation and assumes the investment risk, which gives significant economic value to these databases.
The databases are protected by the provisions relating to intellectual property rights in France and internationally.
The Client therefore undertakes, in accordance with article L.342-1 of the Intellectual Property Code, not to:
- Extract, in whole or in part, qualitatively or quantitatively, the content of the databases on another medium, by any means and in any form whatsoever.
- Reuse, by making available to the public, all or a substantial part of the content of the database, whatever its form.
Thus, the Client has, under this contract, a simple right of access to the databases for consultation and use within the framework of the Services. The Client is therefore prohibited, in addition to the restrictions mentioned above, from making any reproduction, including as a private copy, of the database, given its electronic nature.
ARTICLE 12 – WITHDRAWAL, TERMINATION AND SATISFACTION GUARANTEE
12.1. General
For Customers who purchase Services as part of their professional activity, the provisions of the Consumer Code, in particular those concerning the right of withdrawal, do not apply to contracts concluded with the Service Provider, except under certain conditions provided for by the law.
12.2. Training delivered in the form of non-material digital content
The video training offered on the site is digital content independent of any material support and is immediately accessible. Consequently, in accordance with article L. 221-28, 13° of the Consumer Code, the Customer expressly acknowledges and accepts that the execution of the Service provided by the Service Provider begins upon validation of the payment, expressly waives his right to withdrawal using the form provided in Appendix 1 and the Service Provider sends a confirmation by email to the Customer to confirm their waiver of the right of withdrawal.
However, the Service Provider offers the Customer a commercial satisfaction guarantee of 14 (fourteen) days from the date of purchase of a Service, during which the Customer can withdraw and request a full refund without conditions.
To exercise this right, the Customer must send an email to the address support@stratege-france.com using the withdrawal form available in Appendix 1, or by providing the same information as that appearing in the withdrawal form, in the body of the email.
In the absence of sending an email within the aforementioned fourteen (14) day period, the order is considered final, and the Customer is not entitled to any reimbursement.
The Service Provider undertakes to fully reimburse the Client within fourteen (14) days from the date on which the Client informed it of its decision to withdraw.
12.3. Professional training via the Personal Training Account
12.3.1. Cancellation by the Customer
The absence of the Client on the start date of the Professional Training is considered as cancellation of the training by the Client.
The Client's absence results in cancellation fees equivalent to one hundred percent (100%) of the price of the Professional Training indicated on the order, debited from the Client's Personal Training Account. Amounts already paid by the Client for the remainder due are not refunded and remain with the Service Provider.
In the event of the Client's absence on the training start date due to a case of force majeure as mentioned in Article 15 of these General Terms and Conditions, the rights linked to the Client's Personal Training Account are credited again. on his account. Reimbursement of the balance due must be made within a maximum of thirty (30) calendar days.
It is specified that the Client's regular absences, making it impossible to carry out the Professional Training, are considered as an abandonment of the training by the Client, and the Service Provider then declares the training as abandoned. In this case, the Client must pay cancellation compensation equivalent to five percent (5%) of the price of the Professional Training indicated on the order in the event of no-show by the Client on the start date of the Professional Training, without prior cancellation. However, in the event of a Customer's no-show for reasons of force majeure, no cancellation compensation is due.
In the event of interruption or abandonment of the Professional Training by the Client after the start of the training, cancellation compensation is due to the Service Provider, calculated as follows:
- If the Client's presence is less than twenty-five percent (25%), a fixed compensation corresponding to twenty-five percent (25%) of the price of the Professional Training indicated on the order is due to the Service Provider.
- If the Customer's presence is between twenty-five percent (25%) and eighty percent (80%), the price is calculated in proportion to the Customer's presence.
- If the Client's attendance is less than eighty percent (80%), the training is considered to have been fully completed, and one hundred percent (100%) of the price of the Professional Training indicated on the order is due by the customer.
In the event of interruption or abandonment of the Professional Training by the Client due to force majeure, the payment due to the Service Provider is calculated in proportion to the Client's presence.
Payment of cancellation compensation is subject to the following conditions:
- Presentation of a service monitoring indicator indicating an abandonment rate of less than ten percent (10%) of trainees present at less than twenty-five percent (25%) of the Professional Training.
- Implementation of a system to follow up Customers in the event of partial presence.
If the cancellation occurs more than seven (7) working days before the start of the Professional Training, the Service Provider cannot claim any compensation.
If the cancellation occurs less than seven (7) working days before the start of the Professional Training, the Service Provider may claim compensation equivalent to five percent (5%) of the price of the training indicated on the order proposal.
However, the Client may cancel the training within the withdrawal period or in the event of force majeure, in accordance with article 15 of these General Terms and Conditions.
12.3.2. Cancellation by the Service Provider
In the event of cancellation attributable to the Service Provider before the start date of the Professional Training, the Client's rights are not reduced. The Client's entire contribution is refunded, but no additional compensation is granted to the Client.
Likewise, if the interruption of the Professional Training during the session is attributable to the Service Provider without a subsequent proposal for an additional session, the Client's account is credited with the entire amount previously paid into the Personal Training Account.
12.3.3. No-show for professional training
The Client's absence at the start of the Professional Training, without prior cancellation and outside of cases of force majeure (article 15), results in cancellation compensation equivalent to five percent (5%) of the price of the Professional Training subscribed. .
12.3.4. Postponement of professional training
When the Service Provider decides to postpone the Professional Training session, it cancels the session initially planned and organizes a new one, while informing the Client.
12.4. Professional training without subscription via the Personal Training Account
If the Client registers for professional training in accordance with article L.6311-1 of the Labor Code et seq., he has a period of ten (10) days from signing the contract to withdraw, in accordance with article L6353-5 of the Labor Code.
In accordance with article L.221-18 of the Consumer Code, the withdrawal period is extended to 14 days for contracts concluded remotely or off-premises.
To exercise his right of withdrawal, the Customer must send an email to the address support@stratege-france.com, accompanied by the standard withdrawal form available in Appendix 1, or by providing the same information as that appearing in the withdrawal form. withdrawal, in the body of the email.
If an email is not sent within the aforementioned ten (10) day period, the order is considered final, and the Customer cannot claim any refund.
The Service Provider undertakes to fully reimburse the Client within fourteen (14) days from the date on which the Client informed it of its decision to withdraw.
12.5. Conferences, seminars, face-to-face and remote consulting
In accordance with the law, the Customer has a period of fourteen (14) days from the conclusion of the contract, i.e. from the ordering of the seminar, to exercise his right of withdrawal without having to justify his decision. If this period expires on a Saturday, Sunday, public holiday or non-working day, it is extended until the first following working day.
To exercise this right, the Customer must send an email to the address support@stratege-france.com, or by providing the same information as that appearing in the withdrawal form, in the body of the email accompanied by its receipt. identify.
If an email is not sent within fourteen (14) days, the order is considered final, and the Customer cannot claim any reimbursement under the right of withdrawal.
In accordance with the provisions of article L. 221-28 of the Consumer Code, once the execution of the seminar has started, the Client acknowledges that he can no longer exercise his right to a refund.
The Service Provider undertakes to fully reimburse the Client within fourteen (14) days from the date on which the Client informed it of its decision to withdraw.
ARTICLE 13 – SPECIAL CONDITIONS
13.1. Health measures
The Customer acknowledges being informed that health measures may be put in place by the authorities in response to the fight against Covid-19 or any other health crisis. These measures will have an indefinite duration. In this regard, the Client acknowledges having been informed that the Service Provider reserves the right to modify the progress of certain events that it organizes in order to comply with the regulations in force linked to the health situation, thus guaranteeing the optimal protection of participants. .
By accepting these General Conditions of Sale and Use (CGVU), the Customer undertakes to take all necessary measures to respect health instructions, including social distancing, wearing a mask, and hygiene rules. during in-person events, if applicable. For its part, the Service Provider undertakes to respect the regulations applicable in the event of a health crisis, particularly with regard to hygiene and social distancing during its face-to-face events.
In this context, by checking the acceptance box of the General Terms and Conditions, the Client fully exempts the Service Provider and its partners from any legal action aimed at incurring their liability. The special conditions are an integral part of the General Terms and Conditions.
In addition, the Customer is informed that his contact details may be requested during his participation in events, with the aim of warning him in the event of the need to report a contact case during the event. The Customer expressly accepts this provision by checking the acceptance box of the General Terms and Conditions.
13.2. Postponement of events
By accepting the General Terms and Conditions and checking the box, the Customer accepts that any event organized by the Service Provider in which he participates and which is canceled due to a health crisis cannot be reimbursed. The event in question will be postponed to a later date under the same conditions if the circumstances at the time of the postponement allow it, or it will be adapted as best as possible by the Service Provider and its teams to meet the Client's expectations and the planned event.
By accepting the General Terms and Conditions and checking the box, the Customer exempts the Service Provider and its partners from any legal action aimed at incurring liability or requesting reimbursement.
For any complaints, the Customer can send an email to the address mentioned in article 13 of these General Terms and Conditions.
13.3. Image rights
By accepting these General Terms and Conditions and checking the box provided for this purpose, the Client expressly authorizes the Service Provider to capture, when producing videos during training, conferences, seminars, events of all kinds, planned or not, his image, his voice, to record them, reproduce them, as well as their last name, first name and pseudonym, and to use them in accordance with the provisions below.
This authorization covers in particular:
- Any exploitation and making available to the public of videos, by all existing or future electronic communication networks, and intended for all fixed or mobile reception screens throughout the world;
- The exploitation, in particular for commercial purposes, of videos on any site, in particular the Service Provider's site;
- The exploitation of videos, images and sound on any video platform;
- The creation and exploitation of short programs derived from or extracted from videos (in particular trailers, extracts, compilations, screenshots);
- The insertion of any advertising element (banners, videos, etc.) within the videos;
- The translation of the aforementioned elements into any other language.
This authorization is granted by the Customer for a period of ten (10) years from acceptance of these General Terms and Conditions by checking the box when ordering.
The videos and images may be exploited and used directly by the Service Provider in all forms and on all media known and unknown to date, in full or in extracts.
The Service Provider expressly undertakes not to exploit the videos in a manner likely to harm the privacy or reputation of the Client, and not to use the videos and images for pornographic, racist or harmful purposes. another way.
The Client acknowledges and accepts that the Service Provider may sublicense, free of charge or for a fee, all or part of these rights to its subsidiaries or to any third party company, subject to compliance with the agreed operating scope and subject to the prior written consent of the Customer.
In any case, the Service Provider remains the sole producer of the content and videos in which the Client collaborated and/or which arise from a filmed event in which he participated. No remuneration is due to the Client for the exploitation of the rights referred to in this article.
ARTICLE 14 – COMPLAINTS
If necessary, the Client may file a complaint by contacting the Service Provider at the following contact details: support@stratege-france.com.
ARTICLE 15 – RESPONSIBILITY OF THE SERVICE PROVIDER
15.1. General
In all cases, if the Service Provider's liability is engaged, its guarantee is limited to the remission of all or part of the price paid by the Client, for the services subject to the complaint.
15.2. Damage resulting from the use of the website
The Service Provider reserves the right to modify, suspend or interrupt the Sitehttps://stratege-france.com/, the platform, and the Services at any time, with or without notice, without the Service Provider being held liable. be incurred by the Client or third parties due to the exercise of these rights.
However, the Service Provider strives to maintain the functionality and accessibility of the Site and the platform at all times, except in the event of voluntary or unintentional interruption, in particular for maintenance reasons or in the event of force majeure. If the Client notices an anomaly, he undertakes to promptly inform the Service Provider so that corrective measures can be taken.
15.3. Stipulation of waiver of guarantees and limitation of liability
The Service Provider cannot guarantee that the use of the Site https://stratege-france.com/ and the platform will take place without interruption or error. The Client accepts that the Service Provider may occasionally suspend access to the Site or the platform for indefinite periods, or cancel the Site or the Services at any time without notice.
In addition, the Service Provider cannot guarantee that the Site https://stratege-france.com/ and the platform will be protected against loss, corruption, attacks, viruses, interference, hacking or any other damage to the property. security, and declines all responsibility in this regard.
The Service Provider cannot be held responsible for total or partial non-performance of the contract resulting from a fortuitous event or an event of force majeure beyond its control.
15.4. Financial damage
With regard to the information provided on the Site, the Customer is informed that the legislation is evolving. The information on the Site is therefore provided for informational purposes only and does not in any way constitute personal advice adapted to the Customer's situation. The Service Provider recommends that the Client consult a competent professional authorized by the competent authorities for personalized advice (lawyers, accountants, etc.).
The Service Provider cannot be held responsible for misuse by the Client of the information provided as part of the training. The Service Provider does not provide any advice on employment law, business management, financial management or recruitment. It cannot be held responsible in this regard.
Consequently, the Service Provider cannot be held responsible, in any way whatsoever, for damages of any nature, in particular financial damages or tax adjustments.
The Service Provider is only subject to an obligation of means, and it cannot under any circumstances be held responsible for the non-achievement of the objectives set by the Services, which depend solely on the behavior of the Client.
ARTICLE 16 – FORCE MAJEURE
16.1. General
The Service Provider cannot be held responsible for total or partial non-performance of the contract due to a fortuitous event or an event of force majeure, beyond its control, which would make the provision and delivery of the Services ordered by the Client impossible.
The following situations are considered as cases of force majeure, when these circumstances paralyze the execution of the contract: health crisis of the Covid-19 type, strikes, labor conflicts, shortages of raw materials, carrier strikes, government decisions, insurrections , attacks, wars, destruction of manufacturing and production sites, acts of God such as earthquakes, fires, floods.
For the entire duration of the force majeure, performance of the contract is suspended, without the Customer being entitled to compensation. The Service Provider will normally resume execution of the contract and will again be required to respect all the obligations stipulated therein as soon as the disappearance of the force majeure event has been duly noted.
16.2. As part of professional training subscribed to through the Personal Training Account
With regard to professional training subscribed to through the Personal Training Account, the Client faced with a case of force majeure must inform the Caisse des Dépôts et Consignations by providing the necessary supporting documents.
In addition to the cases mentioned above, the Client can also invoke the revocation by his employer of the prior authorization of leave for training, his return to employment, an accident, the death of a loved one (ascending or descending in the first degree), hospitalization, illness, or interruption of any type of transport preventing the travel necessary for face-to-face professional training.
The decision relating to reimbursement and the associated terms do not fall within the competence of the Service Provider. The Customer must contact the Caisse des Dépôts et Consignations for this purpose.
If the force majeure is temporary, the Parties may agree to extend the training session by mutual agreement, and the Service Provider will create a new session accordingly.
The Service Provider may also invoke cases of force majeure to suspend the Professional Training via the Personal Training Account, such as the accident or death of the trainer, the illness or hospitalization of the trainer, the interruption of any type of transport preventing travel, or the establishment of a safeguard or judicial liquidation procedure for the Service Provider.
ARTICLE 17 – RECIPROCAL COMMITMENTS
17.1. Service Provider Commitments
The Service Provider undertakes to:
1. Provide the Services in accordance with announcements made to the Client;
2. Respect the deadlines and schedule announced to the Client when providing the Services;
3. Inform the Client in good time in the event of a problem in the provision of the Services and/or in the event of postponement to a later date;
4. Execute these General Conditions of Sale and Use (CGVU) in good faith;
5. Not violate the rights and freedoms of the Customer and to take all necessary measures to ensure the smooth running of the Service;
6. Provide assistance wherever possible to enable the Client to follow the Services in the best conditions;
7. Respect the terms of its contractual commitments;
8. Provide the Services diligently and in accordance with best practices, noting that the Service Provider is bound by an obligation of means, to the exclusion of any obligation of result, which the Client expressly recognizes and accepts;
9. Carry out regular checks to ensure the proper functioning and accessibility of the Services as well as the online learning platform.
17.2. Customer Commitment
The Client undertakes to:
1. Cultivate the mindset necessary to achieve your goals, understanding that the Services offered by the Service Provider involve personal and professional development;
2. Acquire the skills necessary to progress in the use of the Services, with a view to achieving autonomy and achieving your objectives;
3. Comply with current laws and regulations when using the Services, avoiding violating the rights of third parties and disrupting public order;
4. Declare and pay all contributions, taxes or taxes incumbent upon it, in particular those related to the Services and their use;
5. Carry out all necessary administrative, tax and social procedures;
6. Examine the documentation made available by the Service Provider on the Site, the characteristics of the Services, as well as the technical constraints linked to their use (Internet connection, computer equipment or connected devices required to follow the Services online);
7. Subscribe to or benefit from an Internet subscription with a dedicated provider;
8. Have a computer or other digital device that allows you to follow the Services;
9. Follow the Services in optimal conditions, maintaining a calm and distraction-free environment for the duration of the videos or sessions;
10. Attend in-person workshops and consulting sessions, if applicable, if included in the subscribed Service;
11. Exercise caution in the information shared with other Customers during exchanges on the Services and exercise discernment and perspective in your relationships with them;
12. Respect common standards of politeness and courtesy in interactions with other Clients, the Service Provider's teams or the Service Provider itself.
13. Refrain from harming or manipulating third parties, other Clients, the Service Provider's teams or the Service Provider itself with the aim of obtaining personal advantage;
14. Provide the Service Provider with all the information necessary for the proper execution of the Service and actively cooperate with the Service Provider to guarantee effective execution of these General Terms and Conditions;
15. Refrain from disclosing, among other things, pornographic, obscene, indecent, shocking content, unsuitable for a family audience, defamatory, denigrating, insulting, violent, racist, xenophobic, revisionist, infringing, damaging to the image of third parties or the Service Provider, misleading, promoting illicit, fraudulent, deceptive activities, harmful to the computer systems of third parties (viruses, Trojan horses, etc.), likely to infringe the rights of third parties or be harmful to third parties of any manner whatsoever;
16. Take measures to safeguard on its own initiative the information shared by the Service Provider, whether via the member area, by e-mail or any other communication platform;
17. Be punctual for scheduled in-person or remote meetings with the Service Provider and/or its teams. Any delay will be deducted from the session, and any appointment scheduled but not honored will be considered lost and cannot be rescheduled, except in cases of force majeure or special prior agreement;
18. Indemnify the Service Provider against any complaint, claim, action or demand which may arise from the violation by the Client of any of its obligations or guarantees in accordance with these General Terms and Conditions;
19. Strictly respect each of the aforementioned provisions within the framework of these General Terms and Conditions and the subscription to the Service. The Service Provider will not make any exceptions unless expressly agreed in writing on its part.
In the event of non-compliance with one of its commitments, the Client is exposed to legal proceedings, sanctions, as well as the obligation to pay compensation and damages, without prejudice to other actions that could be taken against him.
17.3. Prohibited behavior
17.3.1. Non-exhaustive list of prohibited behaviors
It is strictly prohibited to use the Services for purposes such as:
1. Carrying out activities that are illegal, fraudulent or harmful to the rights or safety of third parties;
2. Disturbance of public order or violation of laws and regulations in force;
3. Intrusion into the computer system of a third party or any activity aimed at causing harm, controlling, interfering or intercepting all or part of the computer system of a third party, or violating its integrity or security ;
4. Sending unsolicited emails and/or commercial prospecting within the Service Provider's community;
5. Manipulations aimed at improving the ranking of a third-party website. More generally, any practice aimed at diverting the Services from their initial objective is strictly prohibited.
Customers are strictly prohibited from copying and/or using for personal purposes or on behalf of third parties the concept, technologies or any other element of the Site and Services developed by the Service Provider.
The following are also expressly prohibited:
1. Any behavior likely to interrupt, suspend, slow down or hinder the continuity of the Services;
2. Any act of violence, whether physical or verbal;
3. Any statement intended to denigrate the work of the Service Provider;
4. Any attempted intrusion or intrusion into the Service Provider's systems;
5. Any misuse of the system resources of the Site or the E-learning platform;
6. Any action likely to impose a disproportionate load on the Service Provider's infrastructure;
7. Any breach of security and authentication measures;
8. All acts affecting the financial, commercial or moral rights and interests of the Service Provider or users of the Site, the E-learning platform, and in general, any breach of these General Conditions of Sale and Use (CGVU).
It is strictly forbidden to monetize, sell or transfer, in whole or in part, access to the Services, without the explicit written consent of the Service Provider, as well as access to information hosted and/or shared within the framework of these Services.
17.3.2. Sanctions for non-compliance
In the event of non-compliance with any of the provisions of these General Terms and Conditions, or more generally in the event of a violation of the laws and regulations in force by a Client, the Service Provider reserves the right to take appropriate measures, in particular:
1. Suspend or terminate access to the Services of the Customer who has infringed or participated in the infringement;
2. Delete all content posted online on the site and/or online learning platform;
3. Publish on the site or on the appropriate communication platforms any information message deemed necessary by the Service Provider;
4. Inform the competent authorities;
5. Take legal action.
ARTICLE 18 – IMPOSSIBILITY OF ACHIEVEMENT
These General Conditions of Sale expressly exclude the legal regime of impossibility of performance provided for in article 1195 of the Civil Code for all Service operations of the Service Provider towards the Customer. The parties therefore waive the right to invoke the provisions of Article 1195 of the Civil Code and the regime of impossibility of performance provided for therein. They undertake to respect their contractual obligations even if the balance of the contract is disturbed by unforeseeable circumstances at the time of the conclusion of the sale, even if their execution proves excessively onerous, and to assume all the economic and financial consequences who as a result.
ARTICLE 19 – PARTIAL NULLITY
If one of the provisions of these General Terms and Conditions were to be invalidated for any reason whatsoever, this invalidity would in no way affect the validity of the other provisions herein.
ARTICLE 20 – PERSONAL DATA
The protection of Customers' personal data is of crucial importance for the Service Provider. Thus, the Service Provider undertakes to minimize data collection, protect and secure the Client's data in accordance with the General Data Protection Regulation (GDPR) n°2016/679.
The Client is invited to consult the privacy policy available on the Site https://stratege-france.com/, which contains all information relating to the data controller, collection, purposes, legal bases, the retention period, to the recipients of the data, as well as to the exercise of the Customer's rights.
ARTICLE 21 – DISPUTE SETTLEMENT AND CONSUMER MEDIATION
In accordance with articles L. 612-1 of the Consumer Code, any so-called consumer dispute or litigation, subject to article L. 612-2 of the Consumer Code, may be the subject of amicable settlement by mediation with the mediation service of the Association of European Mediators (ANM CONSO) within one (1) year from the written complaint addressed to the Service Provider.
In order to submit his dispute to the mediator, the Customer must
- Complete the form on the ANM CONSO website www.anm-conso.com
Or
Send your request by simple or registered mail to ANM Consommation – 2, rue de Colmar – 94300 VINCENNES
In order to be processed promptly, any request for mediation from the Client must contain the following information: postal, electronic and telephone contact details of the Client, contact details of the Service Provider, brief statement of the facts, proof of prior steps taken with the Service Provider.
ARTICLE 22 – APPLICABLE LAW AND COMPETENT JURISDICTION
All provisions of the General Terms and Conditions, as well as all purchase and sale operations described therein, are subject to French law and the jurisdiction of the French courts.
Last updated: July 2023.
ANNEX 1 – WITHDRAWAL FORM
This form must be completed by attaching a valid identity document and returned only if the Customer wishes to withdraw from the order placed unless exclusions or limits to the exercise of the right of withdrawal follow the applicable General Conditions of Sale .
To be completed and sent to:
To the following email address: support@stratege-france.com
To the following postal address: STRATÈGE located 117, Quai de Bacalan – 33300 Bordeaux, FRANCE
I, the undersigned) :
Name :…………………………………………………………………
First name :…………………………………………………………….
Telephone number:…………………………………………
E-mail : ………………………………………………………………
Address :…………………………………………………
………………………………………………………………………….
Want to exercise, in accordance with article L.221-18 of the Consumer Code, my right of withdrawal for the order:
Title of the training:………………………………………….
Date of purchase :……………………………………………………….
Reference (if applicable):…………………………………..
Transferred to the company STRATÈGE, a single-member simplified joint stock company, whose head office is located at 117, Quai de Bacalan, 33300 Bordeaux, FRANCE, registered in the Bordeaux Trade and Companies Register under number B 922586615.
Signature and date:
* This form concerns digital services, content or goods except those with instant execution for which the Customer has expressly waived his right of withdrawal (apart from the legal guarantee of conformity.)