TERMS & CONDITIONS

Latest update : June 20th, 2020

Object

These terms and conditions are intended to define how to use of the services offered via this site (hereinafter: the "Services"), as well as to define the rights and obligations of the parties in this context.

They are accessible and printable at any time by a direct link at the bottom of each page of the site, and in the case of an online purchase, in the order form itself.

They may be complemented, where appropriate, by specific terms and conditions to certain Services. In case of contradiction, the particular conditions take precedence over these general conditions.

Legal Information:

Editor
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Atelier 33 Montaigne

N° SIRET : 881 102 297 00010

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These general terms and conditions apply to all transactions with Atelier 33 Montaigne. "Customer" is considered to be any natural or legal person who places an order with Atelier 33 Montaigne validated via our secure payment platform or by bank transfer.

These terms and conditions came into effect as of June 20, 2020.


0 - General

Any order related to the Services contained within this site requires prior consultation of these terms and conditions.

These general terms and conditions express the full obligations of all parties involved. In this sense, the Customer is deemed to accept without objection these terms and conditions entirely. This acceptance can only be full and complete. Any "subject to" indication is considered null and void. Customer who does not accept actual terms and conditions must unsubscribe from the Services.

Any Customer who makes use of the Services subsequent to the modified terms and conditions is deemed to have accepted these changes.
Atelier 33 Montaigne reserves the right to modify at any time these terms and conditions.

The latest version published on the site is authentic. It is therefore recommended that the Customer read these general terms and conditions every time an order is placed.

The Customer acknowledges that he is in full possession of his legal, physical, mental and intellectual capacities to understand and apply these general terms and conditions.


1- Use  rights

This site and all rights attached thereto remain the exclusive property of Atelier 33 Montaigne.

All trademarks, photos, logos, or other original graphic elements reproduced on this site as well as on the pages to which it allows access via hypertext links, are the exclusive property of their owners.

Any reproduction or reuse, total or partial, unauthorized of these marks, logos, photos and signs constitutes an infringement punishable by legal sanctions.

The Customer acknowledges that this site is not a site for medical, therapeutic, legal or tax purposes but has the sole purpose of helping the personal and professional development of the Client and/or his company. The information provided is in no way professional medical, psychological, financial, legal, or other advice. Therefore, the Customer waives any possible lawsuits concerning the effects that may or may not have on the use of the services and information presented on this site.

By purchasing on this site, the Customer accepts that the liability of Atelier 33 Montaigne and its potential suppliers is limited to the price of the Services purchased, within the scope of the initial agreement.


2- Validity

These general terms and conditions are immediately effective the date the Customer accesses to the sold Services. The present terms and conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the extinction of the guarantees due by Atelier 33 Montaigne, if necessary.


3- Agreement

The click necessary to confirm the order when buying a product or service online, or the payment of an invoice by transfer is a purchase agreement that has, between the parties, the same value as a handwritten signature.


4- Transaction proofs

The digital records, kept in the computer systems of Atelier 33 Montaigne, or any service provider of its choice, under reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence.


5- Product or Services Information

Atelier 33 Montaigne presents on its website the products or services for sale with the sufficient characteristics that allow the potential customer to acknowledge before making contact for a personalized and detailed quote with the essential characteristics of the products and / or services he wants to buy.
Upon validation of the quote sent to the Client by Atelier 33 Montaigne, the order is final.


6- Pricing

The price of the Services is provided in the customized quote sent to the Customer following a direct exchange in presence or by telephone with Atelier 33 Montaigne and according to the type of Service(s) requested by the Customer.

Unless stated otherwise, they are expressed in Euros, All Taxes included (VAT + other possible taxes) on the quote and order page of the Service(s) intended for the Customer.
Atelier 33 Montaigne reserves the right, at its discretion and according to the terms and conditions of which it will be the sole judge, to propose promotional offers or price reductions.

Full price payment must be made when ordering, except in the case of payment in installments.


7- Payment Mode

The terms of payment of the Services price are provided in the customized quotation sent to the Customer f following a direct exchange in presence or by telephone with Atelier 33 Montaigne and according to the type of Service(s) requested by the Customer.

Payment is made by bank transfer or direct debit from the Customer's credit card number.

The deduction is implemented by the designated payment provider on the site, who alone keeps the Customer's bank details for this purpose. Atelier 33 Montaigne does not keep any bank details.

The Client guarantees to Atelier 33 Montaigne that he has the necessary authorizations to use the method of payment chosen. He assumes to take the necessary measures so that the automatic deduction of the price of the Services can be made.


8- Payment delays and incidents

The Customer is informed and expressly agrees that any delay in payment of all or part of an amount due on its due date will automatically result, without prejudice to the provisions of Article 12 and without prior notice:

- forfeiture of the term of all sums due by the Customer and their immediate payment;

- the immediate suspension of the Services in progress until full payment of all the sums due by the Customer;

- the invoicing in favor of Atelier 33 Montaigne of a late interest at the rate of three times (3 times) the rate of the legal interest, sitting on the amount of all the sums due by the Customer.


Of course, in case of payment in several times, all the sums contracted remain due and will be placed if necessary in recovery.


9- Data

The Customer acknowledges and expressly agrees:
- that the data collected on the website and on the computer equipment of Atelier 33 Montaigne is evidence of the reality of the operations carried out in the context of the present;
- that these data constitute the only accepted mode of proof between the parties, in particular for the calculation of the sums due to Atelier 33 Montaigne.


10- Customer’s Obligations

Without prejudice to the other obligations herein provided, the Customer accepts to respect the following obligations:

- The Customer undertakes, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.

- The Customer acknowledges having read on the site features and constraints, including technical, of all Services. He is solely responsible for the use of the Services.

- The Customer is informed and agrees that the implementation of the Services requires that he is able to access the internet or physically be present at the workshops, and that the quality of the Services depends directly on this connection and / or presence, of which he is only responsible.

- The Customer is also solely responsible for the relations he may establish with other Clients and the information he communicates to them in connection with the Services. It is up to him to exercise proper prudence and discernment in these relations and communications. The Customer furthermore undertakes, in his dealings with other Clients, to respect the usual rules of politeness and courtesy, and not to harm or seek to manipulate others for personal gain.

- The Customer undertakes to provide Atelier 33 Montaigne with all the information necessary for the proper execution of the Services. More generally, the Customer undertakes to actively cooperate with Atelier 33 Montaigne with a view to the proper execution of these terms.


11- Appointments & punctuality

The customer agrees to be present and on time for scheduled appointments within the Services framework, whether physical or virtual. Any delay will be deducted from the session’s duration, and any scheduled appointment not consumed will be lost, except in cases of force majeure or prior special agreement.


12- Client’s warranty

The Client warrants Atelier 33 Montaigne against any complaints, claims, actions and / or any demands that Atelier 33 Montaigne may suffer as a result of the Customer's breach of any of his obligations or guarantees under these terms and conditions.

He accepts to indemnify Atelier 33 Montaigne for any loss it may suffer and to pay any costs, charges and / or condemnations that it may have to bear as a result.


13- Prohibited behavior

It is strictly forbidden to use the Services for the following purposes:
- the exercise of illegal activities, fraudulent or infringing the rights or security of third parties,
- the breach of public order or the violation of the laws and regulations in force,
- intrusion into a third party's computer system or any activity likely to harm, control, interfere with, or intercept all or part of a third party's computer system, violating its integrity or security,
- the sending of unsolicited emails and / or prospecting or active commercial solicitation within the community of Atelier 33 Montaigne,
- manipulations intended to profit from the ignorance and credulity of other Clients,
- the assistance or the encouragement, in any form and in any way whatsoever, to one or more of the acts and activities described above,
- and more generally any practice diverting the Services for purposes other than those for which they were designed.

Customers are strictly prohibited from copying and / or misappropriating the concept, technologies or any other element of the Atelier 33 Montaigne website for their own or those of third parties.

Also strictly prohibited: 
- any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services,
- any violence, physical or verbal,
- any intrusions or attempted intrusions into the systems of Atelier 33 Montaigne,
- all diversions of the system resources of the site,
- any actions likely to impose a disproportionate burden on the infrastructure of the latter,
- all breaches of security and authentication measures,
- any acts likely to affect the financial, commercial or moral rights and interests of Atelier 33 Montaigne or users of its site, and finally more generally
- any breach of these terms and conditions.

It is strictly forbidden to monetize, sell or concede all or part of the access, information and documents of the Services (except explicitly accepted by Atelier 33 Montaigne), as well as the information that is hosted and / or shared.

14- Penalties for breach

In case of breach of any of the stipulations of these terms and conditions or more generally, violation of the laws and regulations in force by a Customer, Atelier 33 Montaigne reserves the right to take any appropriate measure including:
- suspend or terminate access to, or participation in, the Client's Services, the perpetrator of the breach or offense,
- publish on the site or the appropriate communication platforms any information message that Atelier 33 Montaigne deems useful,
- notify any authority concerned,
- initiate any legal action.


15- Liability and Warranty

Atelier 33 Montaigne undertakes to provide the Services diligently and according to the rules of the art of any agreement accepted and validated by the Customer.

Atelier 33 Montaigne undertakes to conduct regular checks to verify the operation and accessibility of the online Services. As such, Atelier 33 Montaigne reserves the right to temporarily interrupt access to the online Services for maintenance reasons. In the same way, Atelier 33 Montaigne cannot be held responsible for the temporary difficulties or impossibilities of access to the online Services resulting from external circumstances, force majeure, or due to disruption of telecommunication networks.

Atelier 33 Montaigne strives to provide as much information as possible on its site. The information contained therein is not exhaustive nor photos contractual. They are given subject to modifications having been made since they went on line. All information is subject to change and change without notice.

In any event, the accountability liable to be incurred by Atelier 33 Montaigne under the terms hereof is expressly limited to the proven direct damage suffered by the Customer.


16 – Intellectual Property

All content on the site, including, but not limited to, graphics, images, text, videos, animations, sounds, logos, gifs and icons and their formatting are the exclusive property of Atelier 33 Montaigne to the exception for trademarks, logos or content belonging to other partner companies or authors.

Any reproduction, distribution, modification, adaptation, retransmission or publication, even partial, of these various elements is strictly prohibited without the express written agreement of Atelier 33 Montaigne. This representation or reproduction, by any means whatsoever, constitutes an infringement punishable by articles L.335-2 and following of the French Code of Intellectual Property.

Failure to comply with this prohibition constitutes an infringement that may incur the civil and criminal liability of the blamable. In addition, owners of copied Content may sue the infringer.


17- Image rights

The acceptance of these general terms and conditions by the customer is worth, for lack of written contrary information transmitted to Atelier 33 Montaigne, as a full permission of video and photographic capture in the context of the physical events openly covered by a team of audio-visual production.

Consequently, by validating his order for such an event, the customer authorizes, free of charge, Atelier 33 Montaigne:
- to use the photos taken during a physical event,
- to fix its filmed intervention (image and sound or picture or sound separately) in the context of the event and / or in the context of the realization of a recording tray, intended to be incorporated in any recording made before and / or later.
- to proceed freely with the possible exploitation of this filmed intervention and / or any recording, in totality or extracts, on all supports and by any means of diffusion known or unknown to date, in the whole world.

The Customer acknowledges that he is fully aware of not being entitled to any remuneration for the exploitation of the rights referred to in this paragraph, nor to request the forfeiture of these rights, as long as they are neither defamatory nor objectively prejudicial.


18- Reimbursement Guarantee

In accordance with the French regulations governing distance selling, the Customer has a right of withdrawal of 14 days after the confirmation of purchase for standard products or services.

However, Atelier 33 Montaigne not offering this type of products or services, are thus EXCLUDED from this guarantee the services of Atelier 33 Montaigne which are summed up in particular by:

- Digital content provided on an intangible medium and subscription contract to these services whose execution began with the Customer's consent and for which he waives his right of withdrawal (example: downloaded document, plans, sketches, etc.)

- Services fully performed before the end of the withdrawal period and whose execution started with the agreement or the express request of the Customer (example: live or remote consultation, face-to-face training or workshops, etc.)


19- Technical prerequisites to access or use the Services

The Customer declares having the necessary skills and means, particularly technical, to access the online services and to take advantage of the consultation or services offered by Atelier 33 Montaigne.

In the case of online services in particular, the Customer is fully aware that he must have adequate computer equipment that allows him to follow the consultation: a computer equipped with a sound card and speakers, a screen, an internet connection, a web browser, a messaging software.

In the case of physical services (seminars, workshops, or other) the Customer is fully aware that it is (unless otherwise contractual) its responsibility to organize its transport and accommodation, and to bear the costs, the case applicable.


20- Client Engagement

The customer is responsible for his personal commitment to the use of the Services, as well as his availability for its implementation.

The Customer undertakes to develop the state of mind necessary to achieve its objectives and understands that the Services offered by Atelier 33 Montaigne calling for both personal and professional development, the Customer is in fact fully responsible for the decisions made. In any case, Atelier 33 Montaigne cannot be held responsible for the professional or personal decisions or non-decisions from the client during the period of use of the Services, or later.

The client commits himself to acquire the necessary skills to evolve during the use of the Services, and thus to reach the autonomy and the achievement of its objectives.


21- Personal Data Protection

The data provided by the users are on an automated file and they are only used for the purposes already described. These data are collected through forms provided for this purpose, which contain only fields essential to provide the service required by users. Personal data is not transferred to third parties.

Users can exercise the rights of access, rectification, cancellation and opposition of personal data through a message to the following address: contact@atelier33montaigne.com. The legal representatives of users who can accredit their representative status through a document that is authentic can also exercise these rights.


22- Language

These general terms and conditions have been translated from French. The language of interpretation will then be the French language in the event of contradiction or dispute over the meaning of a term or a provision.


23- Applicable law and jurisdiction

These general conditions are governed by French law.

In the event of any dispute as to the validity, interpretation and / or performance of these general terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to rule, except contrary mandatory rules of procedure.


PRIVACY POLICY

The site collects statistical data primarily with Google Analytics.

The collected data are only used by the company Atelier 33 Montaigne are never transmitted or resold to third parties.

The data collected concerns surnames, first names, e-mail addresses and postal addresses.

The information collected is used to better respond to requests and allow, for commercial purposes, to send information about our offers.

In accordance with the laws relating to data, files and freedoms, the Customer has a right of access, rectification and opposition to personal data concerning him.

To exert it, it will be enough for him to contact Atelier 33 Montaigne by email at the address: incontactwith@atelier33montaigne.com.

Subscribers to the newsletter can unsubscribe at any time by clicking on the link contained in the e-mail.

All information relating to Atelier 33 Montaigne's Privacy Policy is available here.


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