Terms of use (Online training)

 

(From French translation)

Last update of the T&Cs on January 20, 2023

 

1. Object

 

These general conditions of sale and use apply automatically to all orders for e-learning training (present on the sitehttps://www.mathieuw-wagner-shop.com, hereinafter referred to as "Site"and available via the Learnybox platform https://www.learnybox.com) undertaken by Mathieu Wagner on behalf of a Client.

These orders are concluded between Mathieu Wagner 96 Corniche Fleurie Grand ourse A bis 06200 Nice – Qualiopi certified training organization N°93060919106 - SIRET number 50141110200046.

And any natural or legal person subscribing to e-learning training on an individual basis and at their own expense, hereinafter referred to as the “Client”.

The fact of registering or placing an order implies the Customer's full and unreserved acceptance of these general conditions, which he declares to have read before placing his Order, as well as compliance with the obligations of the Intellectual Property Code and the license to access the Site.

In addition, the Customer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions of sale and use does not require the handwritten signature of this document, insofar as he wishes to order the training courses presented online.

These general conditions of sale and use prevail over any other document of the Customer, and in particular over all the general conditions of purchase of the Customer.

 

2. Financial conditions, regulations and terms of payment

 

2.1 Conditions of registration

 

Any registration implies acceptance of the prices and descriptions of the training(s) offered.

The signature of the estimate implies acceptance of it as well as of these general conditions of sale and use. Any registration for a training course may be the subject of the establishment of a contract or a professional training agreement which will specify in detail the title of the training, the objectives, the teaching methods and modalities, the dates and places of completion, the duration, the pace and the deadline for access, any prerequisites necessary for entry into training, enrollment and teaching resources, financing and evaluation methods.

Any professional training contract or agreement is drawn up in accordance with the legal and regulatory provisions in force (articles L6353-1 to L6353-7 of the Labor Code).

If prerequisites are specified on the training program, they must be verified by the training organization before accepting registration.

 

2.2 Specific case of reimbursement by OPCOs

 

E-learning training courses sold by Mathieu Wagner on the Site are eligible for support from OPCOs.

Depending on the client's situation (self-employed, salaried, etc.), he may be able to benefit from total or partial reimbursement from the OPCO with which he contributes.

Please note: Most of the time, the funding request must in principle be sent to the OPCO at least one month before the start of the training. Consequently, the Customer who orders his training in E-learning, who pays said training by credit card or Paypal to benefit from immediate access to it, is perfectly informed of the fact that his training may not be able to be covered by their OPCO.

In the event that the Client wishes to set up a support file for his E-learning training, he is invited to contact Mathieu Wagner by sending an email to the addresscontact@mathieu-wagner-shop.com in order to set a start date in line with its funding request.

In the event of total and/or partial support of a Training by a competent operator or any other third-party organization, it is up to the Customer or, where applicable, to the natural person benefiting from the Training to undertake a request for in charge before the beginning of the Training and to ensure the good end of this request (except mandate), to indicate it explicitly on his registration form and to make sure of the good end of the payment by the body designated by him.

In the event of partial coverage by the OPCO or any other third-party organization, the remainder will be invoiced directly to the Client.

In the event that the OPCO/the third-party organization does not confirm the financial support of the Training and/or that the Training Organization has not received the support of the said organizations on the first day of the Training, the cost of the Training will be borne by the Customer, who will be liable for the full price of the Training.

Mathieu Wagner cannot be held responsible for the funder's final decision on whether or not to fund this training.

 

2.3 Rates, methods of payment and invoicing

 

The prices of the courses sold are those in force on the day the order is taken. They are denominated in euros and calculated excluding taxes and are exempt from VAT.

Mathieu Wagner grants himself the right to modify his prices at any time. However, he undertakes to invoice the training courses ordered at the prices indicated when the order is registered.

The rates in force can be consulted at any time on the Site.

It is necessary to open a customer account to access the order of e-learning training, by completing the dedicated form. The paid invoice is sent for full payment of the training to the paying establishment.

If the Customer pays by bank card for the training for a third person (employee, independent sales agent, agent, etc.), he must complete an additional form with the name, first name and email address of the third person so that Mathieu Wagner can give him access to the platform.

To be able to benefit from immediate access to his e-learning training, the customer waives his right of withdrawal and pays his order by credit card or paypal on the Site.

The prior payment of the e-learning training conditions the implementation of the service.

The customer also has the option of paying for his e-learning course by bank transfer. In this case, he is invited to contact Mathieu Wagner directly by email.contact@mathieu-wagner-shop.com or by calling 0669991803.

 

3. Withdrawal period

 

3.1 Conditions of the right of withdrawal

 

In accordance with articles L.121-21 and following of the Consumer Code, relating to contracts concluded at a distance (internet or telephone), you have a right of withdrawal of fourteen (14) calendar days, i.e. say the possibility of changing your mind freely, and requesting your refund, without having to justify reasons or pay penalties (with the exception, where applicable, of any return costs if applicable).

The period of fourteen (14) days runs from the day after the day of conclusion of the Contract (the day after the date of validation of the order). (NOTE: If this period expires on a Saturday, Sunday or public holiday, it is extended until the first following working day.)

The withdrawal period does not apply to Services consisting of digital content provided on an immaterial medium (an online training what), for which you have given your express prior consent so that they begin immediately after the validation of the order and for which you have expressly waived your right of withdrawal.

 

3.2 How to exercise your right of withdrawal?

 

If you wish to exercise your right, simply send us an email to the address: sav@formations.photo , explicitly asking to exercise your right of withdrawal, specifying your surnames, first names, date of order and email used when ordering. (if different from the one you use to contact us). You can use the model proposed in the appendix of these GCS (but it is not obligatory ;-)).

It is reminded that you will not have to provide any justification and we will proceed to the full refund within a maximum of fourteen (14) days from receipt of your request. Furthermore, in order to exercise your right, it is recalled that your request must be sent no later than fourteen (14) calendar days from the date of validation of the order.

 

3.3 Cases in which the right of withdrawal does not apply

 

The right of withdrawal does not apply to Services consisting of digital content provided on an immaterial medium, for which you have given your express prior consent to begin immediately after validation of the order and for which you have expressly waived your right to retract.

 

4. Late payment

 

In accordance with the provisions of Article L 441-6 of the Commercial Code, the payment period for amounts due may not exceed thirty days "end of month" from the date of issue of the invoice.

Any amount not paid on the due date appearing on the invoice will generate late payment penalties payable on the day following the payment date appearing on the invoice at the legal interest rate applied by the European Central Bank plus 10 percentage points, which may however be less than three times the legal interest rate, as well as a lump sum indemnity of €40 for recovery costs, in accordance with the provisions of Article D 441-5 of the Commercial Code.

 

5. Terms of provision of online training courses

 

The provision is made by sending to the learner, on the mailbox previously informed, a username and a temporary password which allow him to access the Learnybox platform via the site.  https://www.learnybox.com

The connection is effective from the validation of the payment and for a period limited to 12 months. The username and password allow the customer to identify himself and connect to the Learnybox e-learning platform. The Customer undertakes to keep them secret and not to transmit them to anyone in any form whatsoever. Any connection or transaction carried out by means of these identification elements is deemed to have been carried out by the Customer.

 

6. Technical conditions

 

The Customer must ensure beforehand, and throughout the use of the service, the permanent compatibility of its technical environment with the Learnybox training solution.

To this end, it is essential that the Customer has a broadband internet connection (ADSL type), equipment comprising in particular a computer or tablet equipped with an audio output and a keyboard.

The Customer may not claim, after the preliminary test, any incompatibility or lack of access to the module(s).

The platform is normally accessible to users at any time. An interruption due to technical maintenance may however take place. If a problem persists, do not hesitate to let us know by sending an email tocontact@mathieu-wagner-shop.com

 

7. Cancellation, absence or interruption of training due to the client

 

In the event that the beneficiary company waives the execution of this agreement within a period of 30 days before the start date of the training service, subject of this agreement, the beneficiary company undertakes to pay 50% of the total amount of the benefit as compensation.

Only the price of the partially completed service is invoiced for professional training. Any sum invoiced for compensation, repair or withdrawal cannot be the subject of a request for reimbursement or reimbursement by the OPCO.

 

8. Postponement or cancellation of the training by the training organization

 

Pursuant to Article L.6354-1 of the Labor Code, it is agreed between the signatories of this agreement that, in the absence of total or partial performance of the training service, the provider organization must reimburse the co-contracting party for the sums unduly perceived as a result.

Only the price of the service performed partially is invoiced for professional training*.* Any sum invoiced for compensation, repair or forfeiture cannot be the subject of a request for reimbursement or reimbursement by the OPCO.

 

9. Subcontracting

 

The training organization reserves the right to subcontract the facilitation of the training to a subcontractor. The process for recruiting stakeholders is available to the client upon request.

 

10. Obligations and force majeure

 

In the event of force majeure, Mathieu Wagner's obligations relating to its training activities will be suspended for the duration of this cause. Expressly, are considered as cases of force majeure those usually retained by the jurisprudence of French courts and tribunals.

 

11. Responsibility of the company

 

Mathieu Wagner is expressly bound hereunder by an obligation of means. Mathieu Wagner cannot be held liable in the performance of the services when there is:

• Fault, negligence, omission or failure of the customer, misuse of hardware or software, insufficient staff training, non-compliance with the advice given, etc.
• Force majeure, events or incidents beyond the control of Mathieu Wagner
• Fault, negligence or omission of a third party over which the Mathieu Wagner company has no supervisory control power (EDF, internet service provider, etc.)

The same applies in the event of indirect damage such as commercial loss, loss of customers or brand image suffered by the customer or a third party and which would result in particular from the inadequacy of the services or training courses used by the employees of the company.

 

12. Intellectual property and copyright

 

Article L. 111-1 of the Intellectual Property Code provides as follows: "the author of an intellectual work enjoys over this work, by the mere fact of its creation, an exclusive intangible property right and opposable to all. This right includes attributes of an intellectual and moral order, as well as attributes of a patrimonial order […]”.

Article L 123-1 specifies the lifespan of this intellectual property right: "The author enjoys, for his lifetime, the exclusive right to exploit his work in any form whatsoever and to derive pecuniary profit from it. . On the death of the author, this right persists for the benefit of his heirs during the current calendar year and the seventy years that follow.

All intellectual property rights relating to Mathieu Wagner's training, and in particular all copyrights, trademarks, designs and models, databases or software of Mathieu Wagner and the rights of reproduction, representation and adaptation which result therefrom belong and remain the property of Mathieu Wagner, without anything being construed as assigning or transferring any right of ownership to any third party.

In accordance with article L. 122-4 of the Intellectual Property Code, it is prohibited to reproduce, copy, modify, transmit, distribute in any way whatsoever, even partially, on any type of medium, any element originating from the training by Mathieu Wagner (for example, but not exclusively: texts, logos, images, sound elements, videos, software, icons) without the written, explicit and prior authorization of Mathieu Wagner

The training content and documentation available on the Sitewww.learnybox.comor in the training provided does not in any way constitute an official source relating to the technical, scientific or organizational regulations and standards applicable to the fields mentioned. These contents have been developed solely for the purpose of teaching and facilitating the sharing of information for trainees.

 

13. Confidentiality and communication

 

The identifiers delivered electronically to the Customer are strictly personal and confidential and may not be shared and/or transmitted for a fee or free of charge to any person whatsoever and in any form whatsoever.

In case of violation of this clause, the company Mathieu Wagner reserves the right, at the choice for the latter:

• to suspend the service, without compensation, notice or prior information,
• to ask the Customer at the origin of the said violation, the payment of the price of access to the training courses or modules in force provided to a third party.

Mathieu Wagner will carry out random checks based in particular on the IP addresses for connection to the Platform. The observation of connections by means of the Customer's personal codes from an abnormally high number of different IP addresses will suffice to demonstrate the violation, by the Customer, of his obligations and will justify the implementation of the sanctions referred to above.

The exchanges with the teams of Mathieu Wagner have a basic character of Confidential Information.

Each of the parties undertakes to keep confidential all the Confidential Information it receives from the other party, and in particular not to disclose the Confidential Information of the other party to any third party, other than persons needing to know it. know for the execution of these GTCSU; and only use the other party's Confidential Information for the purpose of exercising its rights and fulfilling its obligations under these GTCSU. The Professional guarantees that its Learners respect these obligations.

The obligations of the parties with regard to the Confidential Information remain in force throughout the duration of the training and as long after its end as the information concerned remains confidential for the party disclosing it and, in any case.

Mathieu Wagner undertakes to ensure compliance by its subcontractors with the conditions of security and confidentiality of the Confidential Information transmitted within the framework of an obligation of means.

 

14. Protection and access to personal information

 

In the event that the trainee must provide information that may be qualified as personal data, such as the e-mail address, the conditions of Mathieu Wagner's confidentiality charter are then applicable.

Mathieu Wagner undertakes to respect the law applicable in France and relating to the protection of personal data and privacy, including by transposition of the European directive CE/95/46 and in application of French law no. 78-17 of January 6, 1978 "Informatique & Libertés", as well as in accordance with European Regulation No. 2016-679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and to the free movement of such data.

Consequently, Mathieu Wagner undertakes to respect these principles and obligations according to the conditions set out in the confidentiality policy dedicated to these questions. Visitors and Professionals are invited to refer to it, in particular to exercise their rights of access, rectification, opposition and deletion.

 

15. Applicable law and competent jurisdiction

 

The GTCSU are governed by French law. Any dispute arising from the formation, interpretation, execution or termination of the GTCSU for any reason whatsoever will be the subject of an attempt at conciliation between the parties. In the absence of conciliation, any dispute between the parties arising from the formation, interpretation, execution, cessation or termination of the GTCSU will be brought before the competent court of Nice, even in the event of multiple defendants or appeal. warranty.