GENERAL TERMS AND CONDITION OF SALES
Valables à compter du 14/06/2021
Mr. Philippe GUILLOU KEREDAN, publishes the website accessible at the following URL address: www.keredan-book.com (the “Website”).
For more information on editorial responsibility, we invite you to refer to the “legal notice” section of the Website, accessible here [URL of the legal notice].
For more information on the processing of your personal data, please refer to the “Privacy Policy” section of the website, accessible here [URL of the Privacy Policy].
ARTICLE 1: DEFINITIONS
In these General Terms and Conditions of Sale (the “GBTC’S”), the terms referred to below shall have the following meaning:
“Client”: refers to a natural person or a professional who subscribes to one or more Services;
“We”: refers to Mr. Philippe GUILLOU KEREDAN, publisher of the website;
“Service”: refers to the delivery of a Product and/or Service;
“User”: refers to any person who browses the website without necessarily being a Client.
ARTICLE 2: PURPOSE OF THE GTCS.
The purpose of the General Terms and Conditions is to define the terms and conditions governing the online sale of Products and/or Services offered by us.
Any Order implies the full and complete acceptance of these GTCS.
ARTICLE 3: PRICES AND PAYMENT TERMS
We offer two main types of services and products for sale:
– Training and coaching services, Programs on the theme of personal development, well-being and personal effectiveness.
– publishing products based on the paper book “I choose! “.
The essential characteristics, including the price, of our Products and Services are indicated on the pages containing the description of the Products and Services on the Website or are offered based on a personalized quotation that We establish.
All prices are quoted in Euros, inclusive of all taxes but exclusive of shipping costs. Prices may be changed at any time by Us without notice. The price is immediately payable.
In the event of late payment by the Client of an invoice issued by Us in connection with the performance of the Services, late payment penalties calculated on the basis of three times the legal interest rate shall be payable by the Agency, without the need for a reminder, on the day following the date on which the invoice is due. In accordance with Article D. 441-5 of the French Commercial Code, a fixed indemnity of forty (40) euros for collection costs shall be due in addition to the aforementioned late payment penalties.
ARTICLE 4: CONDITIONS SPECIFIC TO PRODUCTS
- Conditions for placing an Order for a Product on the website
Prior to validating the Order, the Customer must fill in the form reserved for this purpose in order to provide the data required to process the Order (validated e-mail address, bank details, delivery address).
On the Order summary page, the Customer has the choice of confirming or cancelling the order placed. Once the order has been confirmed, it is deemed to have been accepted and the User no longer has the option of cancelling the transaction corresponding to the Order.
After validation of the Order, the Customer pays the price of the Product via the Paypal service (the “Order”). We reserve the right to offer other payment methods for each Order. All costs related to the payment by the Customer shall be borne by the Customer.
As soon as the transaction has been definitively concluded, we shall immediately send the Customer an electronic receipt for the Order to the e-mail address provided by the Customer.
- Product availability
Orders shall be processed subject to availability of stock or subject to availability of stock from our suppliers. If a Product is unavailable for more than 30 working days, the Customer shall be informed immediately of the expected delivery time and the Order for this item may be cancelled on request. The Customer may then request a credit note for the item or a refund.
- Guarantees
The Customer is reminded that under the legal guarantee of conformity, the Customer:
– has a period of two years from the date of delivery of the goods to act against the seller;
– may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L. 217-9 of the French Consumer Code;
– is exempted from proving the existence of the lack of conformity of the goods during this period.
It is reminded that the Customer may decide to implement the guarantee against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code and that in this case, he may choose between rescinding the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
- Liability
We cannot be held responsible for failure to meet delivery deadlines. We use third party delivery services over which we have no control (La Poste, Colissimo, etc.). We cannot therefore be held liable if the Product shipped is not received within the proposed timeframe.
- Right of withdrawal
In accordance with the legal provisions in force, you have a period of 14 days from the date of receipt of your products to exercise your right of withdrawal. Once you have communicated your decision to exercise your right of withdrawal within this period, you have a further period of 14 days to return the Product(s) concerned. Only the price of the product(s) purchased, and the shipping costs will be reimbursed, the return costs remaining at your charge.
In the event of depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the product, your liability may be incurred.
ARTICLE 5: CONDITIONS SPECIFIC TO THE SERVICES
- Conditions for placing an Order for Services via the website
Any request for the provision of Services is subject to the drawing up of a quotation by Us (the “Quotation”). The Quotation is sent by e-mail to the e-mail address provided by the Customer.
The Quotation signed by both parties constitutes proof of the Customer’s commitment and is equivalent to acceptance of these GTC.
- Methods of accessing the Services
The Customer may access the Services in digital mode via the wired network, ADSL or optical fiber.
The third-party service provider, zoom etc., allows the User to access the Services in video-conference mode via the Internet on a PC or Mac. The User must have, by his or her own means, a PC or Mac (with enough RAM capacity and equipped with compatible software versions and a compatible processor) and enough Internet speed.
We shall not be held responsible in the event of temporary or permanent interruption, which is not our fault, of all or part of the mobile wire network and/or the service of the Customer’s Internet access provider.
Similarly, We shall not be held liable in the event of the disappearance, loss, deterioration and in particular any damage likely to alter the equipment necessary for the use of the Service.
Access to the Service is provided on a permanent basis subject to maintenance and servicing periods, server updates and any other exceptional interruptions.
- Practical arrangements for the provision of the Services
The number and duration of the modules may vary from one Client to another and are planned jointly by the Client and Us.
The Quotation shall determine:
– the number of modules
– The duration of each module;
– The frequency of each module and, if applicable, the dates set.
- Conditions for cancellation of Services
In the event of cancellation of a Service, the Client must notify Us in writing ([contact email address].
Any cancellation of the Quotation at the Customer’s initiative must be communicated in writing under the following conditions
– at least fifteen calendar days before the first scheduled Service;
– by means of a registered letter with acknowledgement of receipt.
Failing this, 50% of the amount of the Quotation will be immediately payable as a lump sum.
Any support (individual sessions or support over several months) provided for in the Quotation and started is due in full.
In the event of cancellation of a module by Us, for any reason whatsoever, we will use the appropriate means to inform the Client as soon as possible and the module will be postponed to an earlier date.
- Distance selling of the Services
Due to the nature of the Services, i.e. intangible services whose execution may begin before the end of the 14-day withdrawal period with the agreement of the Customer and after expressly waiving his right of withdrawal, pursuant to Article L.121-21-8 of the French Consumer Code, the Customer may not exercise his right of withdrawal.
- Interruption of the Services
The use of the Services is under the full responsibility of the Customer and implies the full recognition and acceptance by the Customer of the characteristics and limits of the networks, and more generally of the electronic communication services, in particular with regard to technical performance, response times for consulting, querying, transmitting or transferring information, the risks of interruption or malfunction of the networks or systems, the risks related to the connection, the problems related to the congestion of the networks or computer systems, the lack of protection of certain data against possible misappropriation and the risks of contamination by possible viruses circulating on the networks and for which We cannot be held responsible.
We do not guarantee that the Services will function without interruption, failure or malfunction, nor the absence of computer or other errors, nor that the defects noted will be corrected, which the Customer expressly acknowledges.
- Sanctions
We reserve the right, at our sole discretion, to suspend temporarily or permanently, without prior notice, without compensation of any kind, the Customer’s access to the Services in the event of:
– insolvency;
– actions that contravene the provisions of the Intellectual Property Code and other French legal provisions;
– failure by the Customer to fulfil any of its obligations under these GTCS.
The penalties described above may be imposed without prejudice to any criminal or civil proceedings to which the Customer may be subject by the public authorities, third parties or Us.
ARTICLE 6: INTELLECTUAL PROPERTY
All the contents of the website, including, but not limited to, graphics, images, texts, videos, animations, sounds, logos, gifts and icons, as well as their layout, are protected by intellectual property rights, and in particular by trademark rights, design rights and/or copyright and database rights in France and abroad.
The Products and Services and their content, the general structure of the website, the editorial content, images, photographs, sounds, videos or multimedia, the software and databases used and all other content presented on the website and in the Services are protected by copyright, neighboring rights and/or the sui generis right of the database producer, and generally by the common law of civil liability as well as by the applicable international conventions.
We are the sole owners of the intellectual property rights on all content presented on the website, in the Products and in the Services.
The User undertakes to respect these rights.
In this respect, and under penalty of civil and/or criminal proceedings, except with Our express agreement, the User undertakes not to:
– reproduce, represent, modify, publish, adapt on any medium whatsoever, by any means whatsoever, all the elements present on the website, the Products and the Services;
– distribute and/or broadcast copies of all or part of the Products and Services;
– resell, rent, sublet or transfer in any way whatsoever the Products and Services to a third party.
Any reproduction and/or representation, in whole or in part, on any medium whatsoever, of the distinctive signs or content presented on the website, including the information and/or data, without our prior written authorization, of its partners or of third parties, is prohibited and constitutes, in particular, an infringement of copyright and may, as such, engage the civil and criminal liability of its author.
More generally, any use outside of the framework defined in these GTCS would be considered as an act of counterfeiting, which exposes the Client or the User to legal, civil or criminal proceedings within the framework of the legislative and regulatory provisions in force.
ARTICLE 7: PROCESSING OF PERSONAL DATA
When browsing the website or placing an Order or a Quotation, you may be asked to provide us with personal data concerning you in order to use the website or benefit from the Products and/or Services. This processing of personal data is necessary for the performance of these GTCS and is carried out in accordance with the regulations applicable to the protection of personal data and in particular, the French Data Protection Act of 6 January 1978 as amended and the European Regulation on the protection of personal data of 14 April 2016 (hereinafter “the regulations applicable to the protection of personal data”).
For further information on the processing of personal data by Us you may refer to its “Privacy Policy”, accessible here: [URL of the Privacy Policy].
ARTICLE 8: REFERENCES
The Client agrees to be cited by Us as a Client of its Services and/or Products. The Company is thus authorized to mention the Client’s first name, his comment and an objective description of the nature of the Services provided, subject of the contract, in its lists of references and proposals to the attention of its prospects and customers, on the website.
ARTICLE 9: LIABILITY
For all our Services, we are bound by an obligation of means.
We are only liable for direct damages resulting from a poor execution of our services, to the exclusion of any indirect damage.
In all cases, our liability, under or in connection with our Services, shall be limited to the total price of the service.
ARTICLE 10: FORCE MAJEURE
We shall not be liable for any delay in the performance or for any non-performance of our obligations resulting from the GTCS that fall within the scope of a case of force majeure.
By express agreement, the following are considered as cases of force majeure, in addition to those retained by Article 1218 of the Civil Code and without the list below being restrictive: strikes and internal labor disputes or those of third party suppliers, a stoppage in the supply of energy, a failure of the communication and hosting networks on which We depend, a failure of the computer systems and software on which We depend.
The occurrence of a case of force majeure suspends the performance of obligations, except for the obligation to pay the sums owed to Us until the day of the extinction of the case of force majeure.
ARTICLE 11: MISCELLANEOUS PROVISIONS
Any failure by Us to exercise or enforce any right or provision of these GTC shall not constitute a waiver of such right or provision.
These T&Cs and/or Our Quote constitute the entire understanding and agreement between the Customer and Us and supersede all prior and contemporaneous communications, proposals and agreements, whether oral or written, between you and Us (including, but not limited to, any previous version of the T&Cs or email exchanges).
You can view the most recent version of the T&Cs at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions by posting updates and changes on our website. It is your responsibility to visit our website regularly to check for changes. Your continued use of or access to our website following the posting of any changes to these T&Cs constitutes acceptance of those changes.
ARTICLE 12: APPLICABLE LAW – AMICABLE RESOLUTION
The website and these GTCS are subject to French law.
Before any referral to a court, you agree to inform Us of any difficulty, by email to [contact email address] and to seek an amicable resolution of the dispute.
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