General conditions of use

Article 1 – GENERAL PROVISIONS REGARDING THESEGENERAL TERMS AND CONDITIONS OF USE

The general conditions of use (the “General Conditions of Use”, or the “GCU”) apply exclusively to the online sale of services offered by the Operator on the Website.

The GCU are made available to customers on the Site, where they can be directly consulted and may also be communicated to them on request by any means.

The GCU are enforceable against the customer, who acknowledges that he/she is aware of them and accepts them by checking a box provided for this purpose and accept them before placing an order.

Validation of the order by its confirmation implies acceptance by the valid on the day of the order, the conservation and reproduction of which are kept and reproduced by the Operator.

The General Terms and Conditions are also systematically sent with any order confirmation transmitted to the customer by the Operator. All customers are therefore deemed to have read and accepted without reservation all the provisions of the GCU, which shall apply to all services provided by the Operator. The prevail over any clauses and conditions to the contrary that may appear in the general terms and conditions of purchase or any other document issued by the Customer. Any conditions set by the Customer shall, in the absence of express acceptance by the Operator, be unenforceable against the latter. The Operator reserves the right to derogate from certain clauses of the GCU in the light of negotiations with the customer, by establishing special conditions of sale (notably through the conclusion of a contract for the provision of services) to be approved by the Customer.

Article 2 – DESCRIPTION OF SERVICES

The Site is an online sales site for:

• online training
• conferences and webinars
• online or face-to-face workshops
• downloadable multimedia documents (audio, video, written) 

open to any individual or legal entity using the Site (the “Customer”). The Services presented on the Site are each described in terms of their essential characteristics. The photographs illustrating the Services do not constitute a contractual document. The Services comply with French law.
 
 The Customer remains responsible for the modalities and consequences of his access to the Site, in particular via the Internet. Such access may involve the payment of fees to technical service providers
 such as Internet service providers, which remain at the Customer’s expense. In addition, the Customer must provide and be fully responsible for the equipment required to connect to the Site.
 The Customer acknowledges that he/she has checked that the computer configuration he/she is using is secure and in working order.
 
 The Customer is informed that services may require access to other sites or platforms (partners or others), designed and managed under the responsibility of third party liability.
 The Company has no control over the content of such sites, and declines all liability for any damage resulting therefrom Company, which accepts no responsibility for their content or for the use made by any third party of the information contained therein. In the event of a problem or malfunction on a third-party platform necessary for the Service, the Company will endeavor to provide the Service sold on a platform offering similar functionality.
 
 Products and services are offered and delivered within the limits of available quantities available, it being understood that the microenterprise may voluntarily limit the number of Service beneficiaries.
 

In the event of unavailability of the Service ordered, the seller will inform the purchaser of this fact and may propose a Service of equivalent quality and price or, failing this, reimburse the sums paid within 7 days. Apart from reimbursement of the price of the product unavailable, the seller is not liable for any cancellation indemnity. The photographs and illustrations presenting the Service do not constitute a
 contractual document.

Article 3 – CREATION OF THE CUSTOMER ACCOUNT

To access certain content, the Customer must first create their personal customer account. Once created, to access it, the Customer must log in using their secret, personal, and confidential username and password. It is the responsibility of the Customer not to disclose their username and password in accordance with the provisions of the PERSONAL DATA article herein.
 
 Each Customer undertakes to maintain strict confidentiality regarding the data, in particular, the username and password, that allows them to access their customer account. The Customer acknowledges being solely responsible for access to the Service using their username and password, except in the case of proven fraud. Furthermore, each Customer commits to promptly inform the Operator in the event of loss, theft, or fraudulent use of their username and/or password.
 
 After creating their personal customer account, the Customer will receive an email confirming the creation of their customer account.

The Customer commits, during their registration, to:

• Provide real, accurate, and up-to-date information when entering it into the service’s registration form, and specifically not use fake names or addresses, or names or addresses without proper authorization.
• Keep the registration data up to date to ensure their accuracy, truth, and timeliness at all times.

The Customer also commits not to make illicit or reprehensible information (such as defamatory or identity theft information) or harmful information (such as viruses) available or distributed. Otherwise, the Operator will be able to suspend or terminate the Customer’s access to the Site at their sole discretion.

Article 4 – ORDERS

When placing an order, the Customer must select the chosen Services, add them to their cart, specifying the selected Services and desired quantities. The Customer has the opportunity to review the details of their order and its total price, and to return to previous pages to potentially correct the contents of their cart before confirming it.

The Customer agrees to read the Terms of Use in effect before accepting them and confirming the terms and any delivery and withdrawal charges prior to payment for their order. The confirmation of the order implies acceptance of the Terms of Use and forms the contract.

The Customer’s attention is particularly drawn to the method of accepting the order placed on the Site. When the Customer places an order, they must confirm it using the “double-click” technique, meaning that after selecting Products added to the cart, the Customer must review and, if necessary, correct the contents of their cart (identification, quantity of selected products, price, delivery terms, and charges) before validating it by clicking the order confirmation button. Then, they acknowledge their acceptance of these Terms of Use by clicking on the chosen payment method button, and finally, they confirm their order after entering their payment details. The “double-click” constitutes an electronic signature and is equivalent to a handwritten signature. It represents an irrevocable and unconditional acceptance of the order by the Customer.

The Operator ensures the archiving of communications, order forms, and invoices on a reliable and durable medium to constitute a faithful and lasting copy. These communications, order forms, and invoices may be produced as evidence of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitutes proof of all transactions between the Operator and its Customers.

A copy of these General Terms of Use as accepted by the Customer will be sent to the Customer by email at the time of order confirmation for their reference.

Contractual information regarding the order (including the order number) will be confirmed via email in due course and no later than at the time of delivery. The Operator strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is available upon request at contact@sophieriehl.com. The Operator also recommends the Customer to print and/or archive this invoice on a reliable and durable medium as evidence.

Any email sent to the Customer regarding an order will be sent to the email address the Customer uses to log in to their customer account.

The Operator reserves the right not to validate the Customer’s order for any legitimate reason, particularly in cases where:

• The Customer does not comply with the Terms of Use in effect at the time of the order.
• The Customer’s order history shows outstanding amounts from previous orders.
• Any of the Customer’s previous orders are subject to ongoing disputes.
• The Customer has not responded to a confirmation request for their order sent by the Operator.

Any modification to the order by the Customer after confirming their order is subject to the Operator’s agreement. The information provided by the Customer when placing the order binds them. Therefore, the Operator’s responsibility cannot be sought in any way in the event that an error during the order process hinders or delays delivery. The Customer declares that they have the full legal capacity to enter into these General Terms of Use.

Registration is open to adults with legal capacity and to minors provided they act under the supervision of a parent or guardian with parental authority. In no case is registration authorized on behalf of third parties unless validly authorized to represent them (for example, a legal entity). Registration is strictly personal to each Customer. In case of a breach by the Customer of any of the provisions herein, the Operator reserves the right to terminate the account of said Customer without prior notice.

Article 5 – PAYMENT TERMS AND SECURITY

The Customer expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires payment of a price in exchange for the ordered Service. The Customer is informed that the provision of the Service cannot be made available until the Operator has fully received the amounts due from the Customer.

The Operator uses online payment solutions such as PayPal and Stripe. Orders can be paid for using one of the following payment methods:

• Payment by credit card. Payment is made directly through the secure systems of Stripe or PayPal, and the Customer’s banking details do not pass through the Site. The banking details provided during payment are protected by SSL encryption (Secure Socket Layer). This ensures that these details are not accessible to third parties. The Customer’s order is recorded and confirmed upon payment acceptance by the Stripe or PayPal payment system. The Customer’s account will only be charged when (i) the data of the credit card used has been verified and (ii) the debit has been accepted by the bank that issued the credit card. Failure to debit the amounts due will result in the immediate nullification of the sale. The credit card may be declined if it has expired, reached the maximum spending limit, or if the entered data is incorrect.
• Payment by electronic wallet (e.g., PayPal). The Customer already has an account with the electronic wallet used by the Operator. The Customer can use this account to securely pay for their order without disclosing their banking details.
• Payment by bank check. The Customer can pay for their order by bank check if they have an account with a bank in France and if this option is available on the order form. During the order, the Operator will provide the Customer with the payee and address to which to send the check. Check orders are processed upon receipt and after the check has been cleared.
• Payment by bank transfer. The Customer can pay for their order by bank transfer if this option is available on the order form. During the order, the Operator will provide the Customer with the account details for making the transfer, as well as the reference to include in the transfer order. Orders are processed within a maximum of 48 hours following receipt of the transfer.

If applicable, the order validated by the Customer will only be considered effective once the secure banking payment center has approved the transaction. As part of the verification procedures, the Operator may need to request any necessary documents from the Customer to finalize the order. These documents will not be used for any other purposes.

(Note: It’s important to ensure that the actual payment processing details, such as the name of the payment service provider, match the specific services and regulations of the website in question. Adjust the translation accordingly based on the specific payment methods and service providers used on your website.)

Article 6 – PAYMENT OF THE PRICE

The price of the Services in effect at the time of the order is stated in euros, inclusive of all taxes (TTC), on the Site. In the case of promotions, the Operator commits to applying the promotional price to any order placed during the period of advertising for the promotion.

The price is payable in euros (€) only.

The price is due in full after order confirmation. The offered prices include any discounts and rebates that the Operator may grant.

The total amount due from the Customer and its breakdown are specified on the order confirmation page.

Article 7 – RIGHT OF WITHDRAWAL

The Customer is entitled to a withdrawal period of fourteen (14) calendar days from the conclusion of the contract, in accordance with Article L. 221-19 of the French Consumer Code. If the Customer wishes for the performance of a service to commence before the end of the withdrawal period, the Operator shall obtain their express request by any means.

For a service where the execution has begun, at the Customer’s express request, before the end of the withdrawal period, the Customer shall pay the Operator an amount corresponding to the service provided up to the time of communication of their decision to withdraw; this amount shall be proportional to the total price of the service agreed upon in the contract (and will be equal to the total price of the service if the entire service has been performed). No sum is due from the Customer who exercises their right of withdrawal if their express request has not been obtained or if the Operator has not fulfilled the information obligation as set out in the 4th paragraph of Article L. 221-5 of the French Consumer Code.

In accordance with Article L.221-21 of the French Consumer Code and to exercise this right of withdrawal as per the conditions in Articles L. 221-18 and subsequent of the French Consumer Code, the Customer is encouraged to send a withdrawal letter to contact@sophieriehl.com.

The Operator will send an acknowledgment of receipt for the Customer’s withdrawal request via email. If necessary, the Customer can exercise their right of withdrawal by providing the following information to the Operator:

• Name, physical address, phone number, and email address.
• Decision to withdraw through an unequivocal statement (for example, a letter sent by mail, fax, or email as long as these contact details are available and appear on the standard withdrawal form). The Customer may use the withdrawal form template, but it is not obligatory.

Exceptions outlined in Article L.221-28 of the French Consumer Code apply and may prevent the exercise of the right of withdrawal, particularly if the order pertains to a contract, including but not limited to:

1. The provision of services that have been fully performed before the end of the withdrawal period, and whose execution began after the consumer’s prior express consent and a waiver of the right of withdrawal.
2. The supply of goods or services for which the price is dependent on financial market fluctuations beyond the control of the professional and likely to occur within the withdrawal period.
3. Emergency maintenance or repair work to be carried out at the consumer’s residence and explicitly requested by them, limited to spare parts and work strictly necessary to meet the emergency.
4. Agreements made at a public auction.
5. The provision of accommodation services, other than residential accommodation, for the purpose of providing transportation of goods, vehicle rental, catering, or leisure activities to be provided on a specific date or during a specific period.
6. The supply of digital content not supplied on a tangible medium, the performance of which has begun after the consumer’s prior express consent and waiver of their right of withdrawal.

The Operator will refund the sums due to the Customer within fourteen (14) days of receiving all the necessary elements for implementing the Customer’s refund. This refund may be made using the same payment method used by the Customer. Customers who have paid for their order in the form of credits/gift vouchers may be refunded with credits/gift vouchers at the Operator’s discretion. By accepting these General Terms of Use, the Customer expressly acknowledges having been informed of the withdrawal terms.

Article 8 – CUSTOMER SERVICE

The Customer can contact the Operator:

• by email at contact@sophieriehl.com, providing their name, phone number, the subject of their request, and the relevant order number.

Article 9 – INTELLECTUAL PROPERTY AND SITE USAGE LICENSE

The Operator is the sole owner of all elements present on the Site, including but not limited to all texts, files, animated or non-animated images, photographs, videos, logos, designs, models, software, trademarks, visual identity, databases, site structure, and all other elements of intellectual property and other data or information (hereinafter referred to as the “Elements”) that are protected by French and international laws and regulations, particularly those concerning intellectual property.

As a result, none of the Elements of the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, disclosed, distributed, broadcast, represented, stored, used, rented, or otherwise exploited, in whole or in part, free of charge or for a fee, by a Customer or a third party, regardless of the means and/or media used, whether known or unknown to date, without the prior express written permission of the Operator on a case-by-case basis. The Customer is solely responsible for any unauthorized use and/or exploitation.

Furthermore, it is specified that the Operator is not the owner of the content uploaded by Customers, for which Customers remain entirely responsible and guarantee the Operator against any claims in this regard. Customers grant the Operator a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use the intellectual property content they publish on the Site for the duration of protection of such content.

The Operator reserves the right to take legal action against individuals who have not complied with the prohibitions contained in this article.

Article 10 – LIABILITY AND WARRANTY

The Operator cannot be held responsible for the non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts, or due to the unforeseeable and insurmountable actions of any third party to these terms.

The Operator cannot be held responsible for the information imported, stored, and/or published on the Site by Customers. The Operator cannot be held responsible for any information published by a Customer on the Site and for any direct or indirect damages that such use may cause to a third party, with the Customer who initiated the publication being solely responsible for this.

The Customer acknowledges that the characteristics and constraints of the Internet do not allow the guarantee of security, availability, and integrity of data transmissions over the Internet. Therefore, the Operator does not guarantee that the Site and its services will operate without interruption or technical malfunction. In particular, their operation may be temporarily interrupted for maintenance, updates, technical improvements, or changes in content and/or presentation.

The Operator cannot be held responsible for the use made of the Site and its services by Customers in violation of these General Terms of Use and for any direct or indirect damages that such use may cause to a Customer or a third party. In particular, the Operator cannot be held responsible for false statements made by a Customer and their behavior towards third parties. If the Operator’s liability is sought due to such behavior by one of its Customers, the Customer commits to indemnify the Operator against any judgment against them and to reimburse the Operator for all expenses, including attorney’s fees, incurred in their defense.

The Customer is solely responsible for all content they upload to the Site, for which they expressly declare they have all rights, and they guarantee the Operator that they will not upload content that violates third-party rights, including intellectual property, or constitutes an infringement of personal rights (such as defamation, insults, slander, etc.), privacy, public order, and morality (such as the promotion of crimes against humanity, incitement to racial hatred, child pornography, etc.). In case of violation of applicable laws, public order, or these General Terms of Use, the Operator may, by right, exclude Customers who have committed such offenses and delete information and references to such contentious content.

The Operator is considered a host concerning the content uploaded by third parties. In this regard, it is emphasized that the Operator has no general obligation to monitor the content transmitted or stored through the Site. In the event that the Operator’s liability is sought for content uploaded by the Customer, the Customer agrees to indemnify the Operator against any judgment against them and to reimburse the Operator for all expenses, including attorney’s fees, incurred in their defense.

Article 11 – PERSONAL DATA

The User is hereby informed that the personal data marked as mandatory on the forms and collected in the context of the service described in these terms are necessary for the use of the Site. Among the User’s personal data that the Operator collects from them may include:

• Their full name
• Email address
• Phone number
• Date of birth
• Gender
• IP address (virtual address of their computer)
• Password

The Operator undertakes to protect the personal data of the Customer and all personal data obtained in the course of using the Site’s services. In this regard, each Customer is solely responsible for maintaining the confidentiality of their username and password and is solely responsible for all access to their Customer Account, whether authorized or not.

The Operator cannot be held responsible for any action or harmful act carried out via the Customer’s personal space by a third party who has had access to their credentials and password due to negligence or fault on the part of the Customer. The Customer agrees to inform the Operator immediately if they become aware of or suspect any unauthorized use or access to their personal space.

All personal data collected by the Operator is collected directly from the Customer and processed by the Operator to enable the implementation and management of the Site’s services. This data may also be used to compile statistics to improve the Site’s services. This data may be transmitted to the Operator’s partners and suppliers involved in the delivery, billing, and management process for order processing, as well as for marketing and customer relationship management purposes.

The Operator complies with the legislation on the protection of personal data. For more information on the use of personal data by the Operator, please carefully read the Privacy Policy. You can consult this policy on the Site at any time.

Article 12 – HYPERLINKS

The hypertext links available on the Site may refer to third-party sites not published by the Operator. They are provided solely for the convenience of the Customer to facilitate the use of resources available on the Internet. If the Customer uses these links, they will leave the Site and agree to use the third-party sites at their own risk or in accordance with the conditions that govern them.

The Customer acknowledges that the Operator neither controls nor contributes in any way to the development of the terms of use and/or content applicable to or appearing on these third-party sites. Therefore, the Operator cannot be held responsible in any way for these hypertext links.

Furthermore, the Customer acknowledges that the Operator does not endorse, guarantee, or adopt any part of the terms of use and/or content of these third-party sites.

The Site may also contain promotional hypertext links and/or banners that refer to third-party sites not published by the Operator. The Operator encourages the Customer to report any hypertext link on the Site that provides access to a third-party site offering content contrary to laws and/or good morals.

The Customer may not use and/or insert a hypertext link pointing to the site without the prior written consent of the Operator on a case-by-case basis.

Article 13 – REFERENCES

The Customer authorizes the Operator to mention the Customer’s name and logo as a reference in its communication materials (brochures, website, commercial proposal, press relations, press release, press kit, internal communication, etc.).

Article 14 – GENERAL PROVISIONS

ENTIRE AGREEMENT OF THE PARTIES

These General Terms of Use constitute a contract governing the relationship between the Customer and the Operator. They represent the entirety of the rights and obligations of the Company and the Operator regarding their subject matter. If one or more provisions of these General Terms of Use are declared void under a law, regulation, or as a result of a final decision of a competent court, the other provisions will retain their full force and effect. In addition, the failure of one of the parties to these General Terms of Use to assert a breach by the other party of any of the provisions of these General Terms of Use shall not be interpreted as a waiver of its right to assert such a breach in the future.

MODIFICATIONS TO THE TERMS

The Operator reserves the right to modify the content of the Site or the services available on it at any time and without notice, and/or to temporarily or permanently cease to operate all or part of the Site. Furthermore, the Operator reserves the right to modify the location of the Site on the Internet at any time and without notice, as well as these General Terms of Use. The Customer is therefore required to refer to these General Terms of Use before using the Site.

IN THE EVENT OF MATERIAL MODIFICATIONS AND IN THE CASE OF CONTINUOUS/ONGOING SERVICE PROVIDERS, THE USER WILL BE INFORMED VIA EMAIL AND A NOTICE ON THE SITE BEFORE THE MODIFICATION TAKES EFFECT.

The Customer acknowledges that the Operator cannot be held liable in any way to the Customer or any third party for these modifications, suspensions, or terminations. The Operator recommends that the Customer save and/or print these General Terms of Use for safe and permanent storage and to be able to refer to them at any time during the execution of the contract if necessary.

COMPLAINT – MEDIATION

In the event of a dispute, you must first contact the company’s customer service at the following address: contact@sophieriehl.com.

APPLICABLE LAW

These General Terms of Use are governed, interpreted, and applied in accordance with French law.

ACCEPTANCE OF THE GENERAL TERMS BY THE CUSTOMER

The Customer acknowledges having read these General Terms of Use carefully.

By registering on the Site, the Customer confirms that they have read and accepted the General Terms of Use, thereby making them contractually bound by the terms of these General Terms of Use.

The General Terms of Use applicable to the Customer are those available on the date of the order, a dated copy of which can be provided to the Customer upon request. It is therefore specified that any modification of the General Terms of Use made by the Operator will not apply to any orders placed before the modification, unless expressly agreed by the Customer who placed a specific order.