ARTICLE 1. LEGAL INFORMATION
Under Article 6 of Law No. 2004-575 of 21 June 2004 on trust in the digital economy, this article specifies the identity of the various parties involved in its implementation and monitoring.
The website ACMOS-METHODE.COM is published by:
OPS FORMATION (SARL), whose head office is located at the following address:
11 rue de Lourmel, 75015 Paris, and registered with the RCS PARIS 828.496.869.
Email address: [email protected].
The publishing director of the website is:
Mr Christophe CLARET
The website ACMOS-METHODE.COM is hosted by:
SAS OVH, whose head office is located at 2 rue Kellermann, 59100 Roubaix
Phone number: 09.72.10.10.07
ARTICLE 2. WEBSITE PRESENTATION
The ACMOS-METHODE.COM website aims to:
Promotion of the ACMOS METHOD, creation, publication of articles and videos on the well-being, health and practice of the ACMOS METHOD.
Promotion and sale of online seminars on the ACMOS METHOD.
ARTICLE 3. CONTACT
For any question or request for information concerning the website, or any report of illegal content or activities, the user may contact the editor at the following e-mail address: [email protected] or send an mail with acknowledgment replies to: OPS FORMATION (SARL) - 11 rue de Lourmel, 75015 Paris
The publisher reserves the right to modify, at any time and without notice, the website and the services as well as the present TOU, in particular to adapt to the evolutions of the website by the provision of new functionalities or the deletion or the modification of existing features.
It is therefore advisable for the user to refer before any navigation to the latest version of the Terms, accessible at any time on the website. In case of disagreement with the TOS, no use of the website can be made by the user.
ARTICLE 5. ACCESS AND NAVIGATION
The publisher implements the technical solutions at his disposal to allow access to the website 24 hours a day, 7 days a week. He may nevertheless at any time suspend, limit or interrupt access to the website or to certain pages of the website. the latter to make updates, changes to its content or any other action deemed necessary for the proper functioning of the website.
The connection and the navigation on the website ACMOS-METHODE.COM are worth unreserved acceptance of these General Conditions of Use, whatever the technical means of access and the terminals used. These Terms apply, as necessary, any declination or extension of the website on social networks and / or community existing or future.
ARTICLE 6. WEBSITE MANAGEMENT
For the good management of the website, the publisher can at any time:
- suspend, interrupt or limit access to all or part of the website, reserve access to the website, or parts of the website, to a specific category of user;
- remove any information that could disrupt its operation or that contravenes national or international laws, or the rules of netiquette;
- suspend the website in order to carry out updates.
ARTICLE 7. SERVICES RESERVED FOR REGISTERED USERS
Access to certain services and in particular to all paid services is conditioned by the user's registration.
When registering, the user agrees to provide accurate, truthful and up-to-date information about his person and his marital status. The user will also have to regularly check the data concerning him in order to preserve its accuracy.
The user must provide a valid e-mail address, on which the website will send a confirmation of his registration to his services. An e-mail address can not be used multiple times to register for services.
Any communication made by ACMOS-METHODE.COM and its partners is consequently deemed to have been received and read by the user. The latter therefore undertakes to regularly consult the messages received on this e-mail address and to respond within a reasonable time if necessary.
Only one registration for the services of the website is admitted by natural person.
The user is assigned an identifier allowing him to access a space whose access is reserved for him (hereinafter "Personal Area"), in addition to entering his password.
The regularly registered user may at any time request unsubscription by visiting the dedicated page in his Personal Area. Any unsubscription from the website will be effective after the user has completed the form provided for this purpose, within the following time: 3 days.
ARTICLE 8. RESPONSIBILITIES
The publisher is only responsible for the content he has edited himself.
The publisher is not responsible:
- in case of problems or technical, computer or compatibility of the website with any hardware or software;
- direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use or difficulties of use of the website or its services;
- intrinsic characteristics of the Internet, particularly those relating to unreliability and lack of security of information circulating there;
- unlawful content or activities using his website without his having been duly informed within the meaning of Law No. 2004-575 of 21 June 2004 on Confidence in the Digital Economy and Law No. 2004- 801 of 6 August 2004 on the protection of individuals with regard to the processing of personal data.
Furthermore, the website can not guarantee the accuracy, completeness, and timeliness of the information that is disseminated.
The user is responsible for:
- the protection of his equipment and data;
- the use he makes of the website or its services;
- if it does not respect the letter or the spirit of these Terms.
ARTICLE 9. HYPERTEXT LINKS
The website may contain hypertext links pointing to other websites on which ACMOS-METHODE.COM does not exercise control. Despite the prior and regular verifications carried out by the publisher, it declines all responsibility for the content that can be found on these websites. The publisher authorizes the setting up of hypertext links to any page or document of his website provided that the establishment of these links is not carried out for commercial or advertising purposes.
In addition, the prior information of the publisher of the website is necessary before setting up any hypertext link. This authorization does not cover websites that disseminate information that is unlawful, violent, controversial, pornographic, xenophobic or that may affect the sensitivity of the greatest number. Finally, ACMOS-METHODE.COM reserves the right to remove at any time a hypertext link pointing to its site, if the site considers it not in accordance with its editorial policy.
ARTICLE 10. COLLECTION OF DATA
The website is declared to the Commission Nationale Informatique et Libertés (CNIL) under the number 2063395
In addition, the website complies with the provisions of Law No. 78-17 of January 6, 1978 relating to computers, files and freedoms. Under the provisions of the aforementioned law, the user benefits, in particular, from a right of opposition (articles 32 and 38), access (articles 38 and 39) and rectification (article 40) data concerning him .
To make use of one of the aforementioned rights, the user must contact the publisher by contacting him by e-mail at the following address: [email protected], or by registered mail addressed to the head office publisher's name, first name (s), address and e-mail address (es).
ARTICLE 11. COOKIES
ARTICLE 12. INTELLECTUAL PROPERTY
The structuring of the website but also the texts, graphics, images, photographs, sounds, videos and computer applications that compose it are the property of the publisher and are protected as such by the laws in force under the intellectual property.
Any representation, reproduction, adaptation or partial or total use of the contents, trademarks and services offered by the website, by any means whatsoever, without the prior express written permission of the publisher, is strictly prohibited and would be susceptible to constitute an infringement within the meaning of articles L. 335-2 and following of the Code of the intellectual property. With the exception of items expressly designated as royalty-free on the website.
Access to the website does not constitute recognition of a right and, in general, does not confer any intellectual property rights relating to an element of the website, which remain the exclusive property of the publisher.
It is forbidden for the user to enter data on the website that modifies or is likely to modify its content or appearance.
ARTICLE 13. APPLICABLE LAW AND COMPETENT JURISDICTION
The ACMOS-METHODE.COM website wishes you an excellent navigation!
GENERAL TERMS OF SALE
The website is published by the seller, OPS FORMATION (SARL), whose registered office is located at the following address: 11 rue de Lourmel, 75015 Paris, and registered with the RCS PARIS 828.496.869. Individual intra-Community identification number of the seller: FR76828496869.
The following provisions are intended to define the general conditions of sale on the website ACMOS-METHODE.COM. These General Terms of Sale (hereinafter "GTS") define the contractual rights and obligations of the seller and his client in the context of a distance selling and electronic sale of goods and products. The Terms and Conditions govern exclusively the relationship between the seller and the customer. The GTS express the entirety of the obligations of the parties. The customer is deemed to accept them without reservation, otherwise his order will not be validated. In case of doubt about one of the terms of sale, the practices in force in the distance selling sector by companies whose head office is in France and the Consumer Code apply. The seller reserves the right to change the terms and conditions. The changes will be applicable as soon as they are posted.
ARTICLE 1. CATALOG OR ONLINE SHOP
Through the website, the seller provides the customer with a catalog or an online store presenting exactly the products sold, without the photographs having a contractual value.
The products are described and presented with the greatest possible accuracy. However, in case of errors or omissions in the presentation, the responsibility of the seller can not be engaged thereby.Products are offered within the limits of available stocks. The prices and taxes related to the sale of the products are specified in the catalog or the online shop.
ARTICLE 2. PRICES
The seller reserves the right to change prices at any time by posting them online. Only the current rates indicated at the time of the order will apply, subject to the availability of the products on this date.
Prices are quoted in euros (excluding taxes and all taxes included).
The prices take account of the taxes applicable on the day of the order and any change of the rate of these taxes will be automatically passed on the price of the products of the catalog or the on-line shop. If one or more taxes or contributions, including environmental, were to be created or modified, up or down, this change can be reflected in the selling price of products. The total amount of the order (all taxes included) is indicated before final validation of the purchase order. Payment of the full price must be made when ordering.
ARTICLE 3. ONLINE ORDER
The customer has the opportunity to fill out an order form online, by means of an electronic form. By filling out the electronic form, the customer accepts the price and the description of the products. The customer will have to accept by clicking in the indicated place, the present general conditions of sale, so that his order is validated. The customer must give a valid email address and recognizes by these terms and conditions of sale that any exchange with the seller may occur through this address.The customer will also have to choose the method of delivery and validate the method of payment. The seller reserves the right to block the order of the customer in case of default of payment, wrong address or any other problem on the customer's account until the problem is solved.
ARTICLE 4. CONFIRMATION AND PAYMENT OF ORDER
This is an order with payment obligation, which means that placing the order involves a payment from the customer.
The customer makes the payment at the time of the final validation of the order by specifying his credit card number. The customer guarantees the seller that he has the necessary authorizations to use this method of payment and acknowledges that the information given for this purpose is proof of his consent to the sale as the due of sums due under the order.
In case of dispute or fraudulent use of the credit card without physical use of the credit card (use of the credit card number), any person may contest within 70 days from the date of the transaction by transmitting a claim in the following manner, so that the seller bears the costs of the sale and returns the disputed amount:
by e-mail to the following address: [email protected]
Any dispute not made in the rules defined above and within the time limits can not be taken into account and release the seller from any liability.
The seller has put in place a procedure for verifying orders and means of payment intended to reasonably guarantee against any fraudulent use of a means of payment, including by asking the customer for identification data.
In case of refusal of authorization of payment by credit card from the accredited organizations or in case of non-payment, the seller reserves the right to suspend or cancel the order and its delivery.
The seller also reserves the right to refuse an order from a buyer who has not fully paid or a previous order or with whom a payment dispute is pending.
Upon receipt of the validation of the purchase and payment by the customer, the seller sends to the latter, on the email address that he has specified, confirmation of receipt of the purchase order and a copy of the contract to print.
Payment of the full price must be made when ordering.
The seller is obliged to send an invoice to the customer upon delivery.
For any question relating to the order, the customer can contact the customer service at the following coordinates:
by e-mail: [email protected]
by mail: 11 rue de Lourmel, 75015 Paris
ARTICLE 5. ELECTRONIC SIGNATURE
In accordance with the provisions of Law No. 2000-230 of March 13, 2000, the online supply of the credit card number of the buyer and the final validation of the order are proof of the agreement of the customer, the due are due under the order form, signature and express acceptance of all transactions made.
ARTICLE 6. PROOF OF TRANSACTION
Communications, orders and payments made between the customer and the seller can be proven through computerized records, stored in the vendor's computer systems in reasonably secure conditions. Purchase orders and invoices are archived on a reliable and durable support considered, in particular, as a means of proof.
ARTICLE 7. PAYMENT METHOD
All methods of payment made available to the customer are listed on the seller's website. The customer guarantees the seller that he has the necessary authorizations to use the method of payment chosen by him, when placing an order.
ARTICLE 8. RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L. 121-21-8 of the Consumer Code, the user can not assert his right of withdrawal once the product made available to him, and downloaded computer files, from the moment where he has given his express prior agreement to the execution.
ARTICLE 9. DATA PROTECTION
The seller will keep in his computer systems and under reasonable conditions of security a proof of the transaction including the purchase order and the invoice.
The seller guarantees his client the protection of his personal data.
The seller has made a declaration to the CNIL under the number 2063395
The customer has a right to access, modify and delete the information collected, in particular by contacting the customer service department in the following ways:
by e-mail to the following address: [email protected].
ARTICLE 10. FORCE MAJEURE
The parties will be exonerated from their obligations, in the event that a circumstance constituting a case of force majeure as defined by article 1218 of the civil code, would prevent their execution. The obligations of the parties will be suspended.
The party who invokes such a circumstance, must notify the other party immediately, on its occurrence and its disappearance.
Are regarded as cases of force majeure all facts or circumstances irresistible and unpredictable, inevitable and which can not be prevented by them, in spite of all the efforts reasonably possible, defined as such by the French jurisprudence and in particular, the blocking of the means of transport or supplies, earthquakes, fires, storms, floods, lightning, and the shutdown of telecommunication networks.
If the case of force majeure has a duration greater than three months, these terms and conditions may be terminated by the injured party.
ARTICLE 11. PARTIAL NULLITY
If one or more stipulations of the present general conditions of sale were to be declared null by the application of the law, a regulation or a final decision of a French jurisdiction, the other stipulations will keep all their force and their range.
ARTICLE 12. APPLICABLE LAW AND COMPETENT JURISDICTION
The seller is established in France in a stable and sustainable manner to effectively carry out his business, regardless of the location of his head office, as regards a legal entity.
Also, these Terms are subject to the application of French law, excluding the provisions of the Vienna Convention. In case of dispute or claim, the customer will first contact the seller to obtain an amicable solution. Failing an amicable agreement, the customer, if he contracts as a consumer, may initiate proceedings before the court of his choice and if he contracts as a professional, may initiate proceedings in the court of the place of the seat social seller.
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