TERMS OF SALES
In force on May 7th 2023
ARTICLE 1 – Scope
These General Terms and Conditions of Sale (known as “GTC”) apply, without restriction or reservation to any purchase of the services presented on the site, in particular:
Online or face-to-face courses, seminars and masterclasses
as offered by the Service Provider to non-professional clients (“The Clients or the Client”) on the musicaadhominem.com site.
The main characteristics of the Services are presented on the musicaadhominem.com website.
The Customer is required to read it before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer.
These GTC are accessible at any time on the musicaadhominem.com site and will prevail over any other document.
The Customer declares to have read these GTC and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure for the musicaadhominem.com site.
Unless proven otherwise, the data recorded in the IT system of the Service Provider constitutes proof of all the transactions concluded with the Customer.
The contact details of the Service Provider are as follows:
Musica Ad Hominem Association
85B rue d’Achères, 78600 Maisons-Laffitte, France
Siret: 88387900900016
mail: info@musicaadhominem.com
The Services presented on the musicaadhominem.com site are offered for sale worldwide, except by legal restriction.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and are the sole responsibility of the Customer.
ARTICLE 2 – Price
The Services are provided at the current rates appearing on the musicaadhominem.com site, when the order is registered by the Service Provider.
The prices are expressed in Euros, HT and TTC.
The prices take into account any reductions that would be granted by the Service Provider on the musicaadhominem.com site.
These prices are firm and not subject to revision during their period of validity, but the Service Provider reserves the right, outside the period of validity, to modify the prices at any time.
The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated before placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
Except for free service, an invoice is established by the Service Provider and given to the Customer when the Services ordered are provided.
ARTICLE 3 – Orders
It is up to the Customer to select on the musicaadhominem.com site the Services he wishes to order, according to the following modalities:
The Customer chooses a Product that he puts in his basket, a Product that he can delete or modify before confirming his order and accepting these general conditions of sale. He will then enter his contact details or connect to his space and choose the delivery method if applicable. After validation of the information, the order will be considered final and will require payment from the Customer according to the terms provided.
The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to verify the accuracy of the order and to report any errors immediately.
Any order placed on the musicaadhominem.com site constitutes the formation of a contract concluded at a distance between the Customer and the Service Provider.
The Service Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the site.
ARTICLE 4 – Payment terms
The price is paid by secure payment by transfer and / or credit card at the choice of the Service Provider.
The price is payable in cash by the Customer, in full on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the musicaadhominem.com site.
Payments made by the Customer will only be considered final after actual receipt of the sums due by the Service Provider.
The Service Provider will not be required to provide the Services ordered by the Customer if the latter does not pay him the full price under the conditions indicated above.
ARTICLE 5 – Provision of Services
The Services ordered by the Customer will be provided as follows:
The remote services are delivered via a third-party videoconference service selected by the Service Provider and for which the customer will receive installation and connection instructions with the possible need to create an account with this third-party videoconference service. It is understood that any videoconferencing service requires access to a quality internet connection by the customer. The provider cannot be held responsible for poor quality or customer connection problems.
Said Services will be provided at the place and time specified by the appointment (s) made from the final validation of the Customer’s order, under the conditions provided for in these GTC by the means of videoconference indicated to the Customer when ordering on the musicaadhominem.com site.
The face-to-face services will be provided at the place and time specified by the appointment (s) made from the final validation of the Customer’s order, under the conditions provided for in these GTC.
The Service Provider undertakes to make its best efforts to provide the Services ordered by the Customer, within the framework of an obligation of means and within the deadlines specified above. The Service Provider cannot be held responsible for the consequences for the Customer, financial or otherwise, in the event of total or partial cancellation of the Services ordered.
If the Services ordered have not been provided within two weeks after the indicative date of supply, for any reason other than force majeure or the fact of the Customer, the sale of the Services may be canceled at the written request of the Customer. under the conditions provided for in Articles L216-2, L216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or withholding.
In the event of a specific request from the Customer concerning the conditions of provision of the Services, duly accepted in writing by the Service Provider, the related costs will be the subject of a subsequent specific additional billing.
In the absence of reservations or complaints expressly made by the Customer upon receipt of the Services, they will be deemed to comply with the order, in quantity and quality.
The Customer will have a period of one week from the provision of the Services to submit complaints by email to info@musicaadhominem.com, with all the relevant supporting documents, to the Service Provider.
No complaint can be validly accepted in the event of non-compliance with these formalities and deadlines by the Customer.
The Service Provider will reimburse or rectify as soon as possible and at its expense the Services for which the lack of conformity has been duly proven by the Customer.
ARTICLE 6 – Right of withdrawal
The withdrawal period is 14 days, however the right of withdrawal cannot be exercised in the case of the provision of services fully executed before the end of the withdrawal period and whose execution has started after the prior agreement of the Customer and express waiver of his right of withdrawal.
The right of withdrawal can be exercised online, using the attached withdrawal form or any other declaration, unambiguous, expressing the desire to withdraw and in particular by post sent to the Service Provider at the postal address or mail indicated in ARTICLE 1 of these GTC.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Services ordered will be refunded.
The reimbursement of the sums actually paid by the Customer will be made within fourteen days of receipt by the Service Provider of the notification of the Customer’s withdrawal.
ARTICLE 7 – COVID-19
The Customer undertakes to comply with the health rules and obligations in force during the Services, otherwise the Customer would lose his rights to the Services without the possibility of reimbursement.
The Service Provider cannot be held responsible for the consequences for the Customer, financial or other, in the event of total or partial cancellation of the services as a consequence of decisions by local, regional and national authorities, those in charge of places linked to the event, or the absence of a teacher.
Only the Services not performed would be reimbursed or kept in the form of a credit note for a subsequent Service. An alternative in distance could be offered to him/her.
ARTICLE 8 – Responsibility of the Service Provider – Guarantees
The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Customer against any failure to perform the Services ordered.
In order to assert his rights, the Customer must inform the Service Provider, in writing (email or letter), of the existence of defects in the performance of the Services.
The Service Provider will reimburse or rectify or cause to be corrected (as far as possible) the services deemed to be defective as soon as possible and at the latest within 14 days of the Service Provider finding out about the defect or defect. This reimbursement may be made by credit card or transfer at the choice of the Service Provider.
The Service Provider’s guarantee is limited to the reimbursement of the Services actually paid for by the Customer.
The Service Provider cannot be considered responsible or at fault for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French case law.
The Services provided through the Provider’s musicaadhominem.com site comply with the regulations in force in France. The Provider cannot be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for the choice of the Services requested, to verify.
ARTICLE 9 – Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of the Services and their realization and delivery, entrusted to the Service Provider. This personal data is collected only for the execution of the service provision contract.
9.1 Collection of personal data
The personal data collected on the musicaadhominem.com site are as follows:
Account opening
When creating the Client / user account:
Names, first names, postal address, telephone number and e-mail address.
Payment
As part of the payment for the Services offered on the musicaadhominem.com site, it records financial data relating to the bank account or credit card of the Client / user.
9.2 Recipients of personal data
Personal data is reserved for the sole use of the Service Provider and its employees.
9.3 Data controller
The data controller is the Service Provider, within the meaning of the Data Protection Act and as of May 25, 2018 of Regulation 2016/679 on the protection of personal data.
The contact details of the service provider are indicated in article 1
9.4 Restriction of processing
Unless the Customer expresses his express consent, his personal data is not used for advertising or marketing purposes.
9.5 Data retention period
The Service Provider will keep the data thus collected for a period of 5 years, covering the period of limitation of the applicable contractual civil liability.
9.6 Security and confidentiality
The Service Provider implements organizational, technical, software and physical digital security measures 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 Service Provider cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementation of the rights of Customers and users
In application of the regulations applicable to personal data, Customers and users of the musicaadhominem.com site have the following rights:
• They can update or delete their data by logging into their account.
• They can delete their account by writing to the email address indicated in article 9.3 “Data controller”
• They can exercise their right of access to know their personal data by writing to the address indicated in article 9.3 “Data controller”
• If the personal data held by the Service Provider is inaccurate, they may request the updating of the information of the information by writing to the address indicated in Article 9.3 “Data Controller”
• They can request the deletion of their personal data, in accordance with applicable data protection laws by writing to the address indicated in Article 9.3 “Data Controller”
• They can also request the portability of data held by the Service Provider to another service provider.
• Finally, they can object to the processing of their data by the Service Provider
These rights, as long as they do not conflict with the purpose of the processing, can be exercised by sending a request by mail or by e-mail to the Data Controller whose contact details are indicated above.
The data controller must provide a response within a maximum of one month.
In the event of refusal to comply with the Customer’s request, the latter must be motivated.
The Customer is informed that in the event of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seize a judicial authority.
The Customer may be invited to tick a box under which he agrees to receive informative and advertising emails from the Service Provider. He will always have the possibility to withdraw his agreement at any time by contacting the Service Provider (contact details above) or by following the unsubscribe link.
ARTICLE 10 – Intellectual property
The content of the musicaadhominem.com site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
ARTICLE 11 – Applicable law – Language
These GTC and the operations resulting from them are governed and subject to French law.
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
ARTICLE 12 – Disputes and Mediation
For any complaint, please contact customer service at the postal or email address of the Service Provider indicated in ARTICLE 1 of these GTC.
In accordance with Article L. 612-1 of the Consumer Code, within one year of his written complaint, the consumer, subject to Article L.152-2 of the Consumer Code, has the option of submitting a request for an amicable resolution by mediation, to:
SAS Mediation Solution
222, chemin de la Bergerie 01800 Saint Jean de Niost
Site: https://www.sasmediationsolution-conso.fr
E-mail: contact@sasmediationsolution-conso.fr.
The Client is also informed that he can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home .show
All disputes to which the purchase and sale transactions concluded in application of these GTC and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts of the department of Yvelines, in particular the Judicial Court, 5 place André Mignot, 78000 Versailles.
APPENDIX I
Withdrawal form
Date ______________________
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on musicaadhominem.com, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
I hereby notify the withdrawal of the contract relating to the order for the provision of the service below:
– Order from (indicate date)
– Order number: …………………………………….. ……………
– Client name : ……………………………………… …………………………
– Customer’s address: ……………………………………… ……………………..
Signature of the Client (only if this form is notified on paper)