General Conditions of Online Sale and Use
- About us
The Company MEDIANE – ART & COMMUNICATION, A Limited Liability Company [SARL], with a share capital of €9,000, whose registered office is located at 164 rue St Denis PARIS (75002), registered in the PARIS Trade and Companies Register under the number 428 132 187 represented by Mr CHRISTOPHE AVERLAN (hereinafter referred to as the “Company”). The Company offers the following services: Career or project development consultancy, Preparation for theatre or audio-visual auditions (Cinema, TV, Web, etc.), Workshops, Group Master Classes, Conferences, Webinars and Internships, etc.
The Company invites its Users to read these General Conditions of Sale and Use carefully (hereinafter the “GCS/GCU”). The GCS/GCU apply to all the Services provided by the Company to its Clients, to the exclusion of any general conditions of the Client (their general conditions of purchase or any other document, whatever the clauses that may be included therein). The GCS/GCU can be consulted at any time on the website (https://medianeartetcom.eu/cgv-cgu/), they must be accepted by any Client before they validate their order, and they can also be communicated, under any circumstances, upon simple request. The Client must read the GCS/GCU before placing any Order. In the event of the subsequent modification of the GCS/GCU, the Client is subject to the version in force at the time of their Order. The data recorded in the Company’s IT system constitutes proof of the transactions concluded with the Client.
“Client” refers to any individual or legal entity that places an Order on this Website; “Order” refers to any order placed by the User registered on this Website, in order to benefit from the Company’s Services; “General Conditions of Sale and Use” or “GCS/GCU” refers to these general conditions of online sale and use; “Consumer” refers to the individual buyer not acting for professional purposes and/ or outside of their professional activity; “Professional” refers to an individual or legal entity buyer acting within the context of their professional activity; “Services” refers to the services sold online to Users by the Company via this Website; “Website” refers to this Website, i.e. https://medianeartetcom.eu; “Company” refers to the Company MEDIANE – ART & COMMUNICATION, more information on which is provided in article I herein; and “User” refers to any person using the Website.
Registration on the Website is available to all legal entities or adults with full legal personality and capacity. The use of the Services sold on the Website is conditional on the User’s registration on the Website. Registration is free. To register, the User must fill out the mandatory fields, without which the service cannot be provided. Failing this, the registration will not be taken into account. The Users guarantee and declare that all the information communicated on the Website, notably upon their registration, is precise and accurate. They undertake to update their personal information via the page dedicated to this purpose that can be accessed via their account. All registered Users have a username and a password. These are strictly personal and confidential and must not be communicated to a third party under any circumstances. Doing so may result in the deletion of the User’s account. Each registered User is personally responsible for keeping their username and password confidential. The Company will under no circumstances be liable for the theft of a User’s identity. If a User suspects that fraud has taken place at any time, they should promptly contact the Company by email at firstname.lastname@example.org to enable the Company to take the necessary measures and regularise the situation. Each User, whether a legal entity or an individual, can only hold one account on the Website. If the GCS/GCU are not complied with, notably the creation of multiple accounts for one individual or the provision of false information, the Company reserves the right to temporarily or definitively delete all accounts created by the contravening registered User. The deletion of an account shall entail the definitive loss of any advantages and services acquired on the Website. However, any Order placed and invoiced on the Website before the deletion of the account will be performed within normal conditions. In the event of the deletion of an account by the Company due to a breach of the duties and obligations set forth in the GCS/GCU, the contravening User is formally forbidden from re-registering on the Website directly, using another email address or through another person without the Company’s express authorisation.
- Provision of services and pricing
General The Services that are the subject of the GCS/GCU are those that feature on the Website and that are directly offered by the Company or its partner service providers. The services are described on the corresponding page on the Website and all their essential characteristics are provided. The Company cannot be held liable for the impossibility of carrying out said service in the event of technical difficulties or impossibilities. When a registered User wishes to obtain a service sold by the Company via the Website, the price indicated on the page dedicated to the service shall correspond with the price in Euros including tax (Incl. Tax) and take into account any reductions that are applicable and in force on the date of the Order. The indicated price does not include ancillary costs which will be indicated, as the case may be, in the summary before placing the order. The Company reserves the right to modify its tariffs at any time. It undertakes to invoice the service at the tariff applicable at the time of their Order. For the services for which the price cannot be known beforehand nor indicated with certainty, a detailed quote will be provided to the Client. The User cannot request the application of reductions that have expired before the date of the Order.
Orders can only be placed when the User is registered on the Website. When the User is logged in, they can add Services to their virtual basket. They can access the summary of their virtual basket in order to confirm the Services they wish to order and place their Order by clicking on the “Order” button. They must then provide their address and a valid payment method in order to finalise the order and validly form a contract of sale between them and the Company. An Order is registered on the Website once the Client accepts the GCS/GCU by ticking the box provided for this purpose and validates their Order. This validation constitutes proof of a contract of sale. The finalisation of the Order implies the acceptance of the prices and service performance terms as indicated on the Website. Once their Order has been placed, the Client will receive confirmation thereof by email. This confirmation will summarise the Order and the information regarding the performance of the service or services. In the event of a malfunction (impossibility of registering on the website, non-reception of order confirmation emails, unrecognised payment methods), the Client must first contact the Company by email at the following address email@example.com in order to inform the Website administrator of the desired order. The administrator will then be able to approve the purchase, where necessary. The Company may, if it so desires, provide the Client with reductions, discounts and rebates depending on the number of Services ordered or with regard to the regular nature of Orders, and periods, and in any event, according to the conditions set at the Company’s discretion – insofar as is necessary, it is specified that the Client has no right to request a reduction that the Company does not wish to offer, and that the Client does not have the vested right to request the maintenance or renewal of a reduction, even if they have previously been able to benefit from it.
- Payment periods and terms
Unless otherwise specified, all sales must be fully paid in cash when the Order is placed. When, on an exceptional basis, a deferred payment can be envisaged, with regard to the nature or the amount of the Order, the Company remains free to request a down payment or the payment of the full price upon the delivery of the invoice. Payment can be made by the payment methods accepted by the Company in the Payment section of the order process:
- Bank card: client security and trust are a Company priority. This is why the Company holds an SSL certificate ensuring that the transactions take place in a fully secure environment. How does this work? Firstly, by installing an SSL certificate, the company’s identity is proven and, more importantly, all the information sent on the website is encrypted in such a way as to limit the risks of decryption if it is intercepted.
Payments are made via the PayPal interface: the Client is responsible for their PayPal account (if they use one) and must accept the conditions of use for the services provided by PayPal, for which the Company cannot be held liable. The Client, under their own responsibility, may opt to use the service offered by PayPal for payment by instalments at no cost; in this case, and in the event of an interruption of the payment of instalments for whatever reason (PayPal error, payment dispute, etc.), on a case by case basis, the Company reserves the right to suspend the ordered Service, and/or to terminate the Order (with it being specified that (i) if the service has already begun on the date of the incident, but the part that has already been performed has not yet been paid for, the Client must pay for the part of the Service that has been performed by any other means, and that (ii) in any event, the value of the part of the service that has already been performed will be retained by the Company.
- Bank transfer: the Client is responsible for issuing a bank transfer to the Company and for the instructions that they give to their bank for this purpose. The transfer fees are exclusively incumbent on the Client, who must ensure that the Company shall receive the full amount due by them. If the Company has not received the bank transfer of the full amount due for the Service that the Client wishes to purchase, the Order cannot be approved and therefore the Service cannot be provided.
The Company reserves the right not to offer one or more of the payment methods hereinabove, for any legitimate reason.
If the Client uses the bank account information or the card of a third party, they guarantee the Company that they have the rights necessary to use said bank account information or payment card of which they are not the holder.
- Performance of services
Unless otherwise indicated, the services ordered on the Website shall be performed by:
- The Company
In the context of performed services (e.g., training, coaching, etc.), the Company shall be bound by a performance obligation, without the possibility of any results being guaranteed. The Company undertakes to implement all reasonable human and equipment means to perform its obligations within the periods provided upon placing the Order.
If the services have not been performed within the given period, the termination of the sale may be requested by the Client within the conditions provided for in articles L216-2 and the following of the Consumer Code. In this event, the amounts paid by the Client shall be reimbursed within fourteen days following the termination of the contract at the latest. However, the Company cannot, under any circumstances, be held liable for service performance delays caused by errors that are not its fault. Nor shall the Company be liable when the Company’s delay is due to an error by the Client or an event of force majeure, i.e., the occurrence of an unforeseeable, unavoidable event that is out of the Company’s control.
As the services involve group coaching sessions and workshops, these services function with limited places and on set dates. Reservations cannot be rescheduled by the Client. However, in the event of an unforeseen incident or an exceptional situation, and when the Client informs the Company of their absence at least 24 hours in advance, the Company will allow the Client to sign up to another workshop/group coaching session.
Specifically with regard to Webconferences, this service is an on-demand video service, paid for on a third-party platform (currently Vimeo). The purchase and viewing takes place on said platform under the responsibility of the platform provider and without the Company’s involvement.
For all Orders placed on this Website, the Client has the right to make a complaint within 7 working days from the provision of the Service. To exercise this right to make a complaint, the Client must send a declaration to the Company at the following address firstname.lastname@example.org, in which they must express their reservations and complaints, accompanied with the relevant supporting documents. A complaint that does not comply with the conditions provided hereinabove cannot be accepted. After assessment of the complaint, the Company may, if it deems the complaint to be well founded, replace or reimburse the provision of the Services as soon as possible at its own expense.
- The Consumer’s right to withdraw
The Consumer has the right to withdraw for 14 days following the placing of the Order, except for the products mentioned in article L 221-28 of the Consumer Code, an extract of which is reproduced below:
“The right to withdraw cannot be exercised for contracts:
- In which the services are fully performed before the end of the withdrawal period and the performance of which began after the prior express agreement of the consumer and the express waiver of their right to withdraw.
- Involving the provision of audio or video recordings or IT software when they have been unsealed by the consumer after delivery,
- Involving the provision of digital content that is not provided on a physical medium, and the performance of which began after the prior express agreement of the consumer and the express waiver of their right to withdraw.”
To exercise this right to withdraw, the Consumer must send a registered letter with acknowledgement of receipt to the Company’s address (example provided below) The full amount of the fees paid for the provision of the services shall be reimbursed within 14 days following the withdrawal declaration. The reimbursement will be made by cheque or bank transfer upon the provision of the Client’s bank details. However, if part of the service has already been provided by the date on which the Company becomes aware of the withdrawal, the value of the service that has already been provided will be deducted from the reimbursement.
The consumer Client may use the model below for their withdrawal request by registered letter with acknowledgement of receipt:
“I hereby inform you of my withdrawal from the contract with regard to the order below:
Ordered on [date].
Order number with MEDIANE – ART & COMMUNICATION: [number].
Identity of the consumer: [Surname, First name, email, Complete billing address].”
In the event of a payment received via PayPal, the Company shall reimburse the amount that it received from PayPal, which the Consumer must check with PayPal, as the Company is not responsible for the relationship between the Consumer and PayPal.
- Personal data processing
Registration on the Website entails the processing of the Client’s personal data. If the Client refuses the processing of their data, they are asked to refrain from using the Website. This personal data processing is carried out in compliance with the General Data Protection Regulation 2016/679 of 27th April 2016. Furthermore, in accordance with the law on Information Technology and Civil Liberties of 6th January 1978, the Client has the right to request information, access, rectify, modify and object to the processing of their personal data by writing to the following address, by registered letter with acknowledgement of receipt, providing proof of their identity: 164 rue St Denis – 75002 Paris. This personal data is necessary for the processing of their Order and for the production of their invoices, as the case may be, as well as the improvement of the Website’s functionalities.
This processing is necessary for (i) the Company to be able to provide the Services ordered by the Client and (ii) for the Company to be able to fulfil its legal obligations.
- Sharing of collected data
The Website may entrust third party companies with the performance of certain operations (IT service providers, commercial partners, service providers or sub-contractors, etc.). By browsing the Website, the Client accepts that third-party companies may have access to their data to enable the correct functioning of the Website or the provision of the Service. These third-party companies shall only have access to the collected data within the context of the performance of a specific task and in agreement with the Company. The Company remains responsible for the processing of this data. Incidentally, the User may receive information or commercial offers from the Company or its partners. The User may opt out of receiving these commercial offers at any time, by writing to the Company’s address as indicated hereinabove, or by clicking on the link provided for this purpose by email. Moreover, Client information may be transmitted to third parties without their express prior agreement in order to achieve the following goals:
- to comply with the legislation and any regulations in force
- to protect any person from serious bodily harm or even death
- to fight against fraud or infringement of the Company or its users
- to protect the Company’s rights (and notably their property rights).
The Company provides a level of security that is appropriate and proportional to the risks incurred, as well as the probability thereof, in accordance with the General Data Protection Regulation 2016/679 of 27th April 2016. However, these measures do not under any circumstances constitute a guarantee and do not bind the Company by a performance obligation regarding data security.
To enable the improvement of this Website, and to enable Users to benefit from optimal browsing on the Website, and improved functioning of the various interfaces and applications, the Company may place a cookie on the User’s computer. This cookie enables the storage of Website browsing information, as well as any potential data provided by Users (notably searches, login, email, password). The User expressly authorises the Company to place a file known as a “cookie” on the user’s hard drive. The User may block, modify the retention period or delete this cookie via their browser interface. If the systematic deactivation of cookies on the User’s browser prevents them from using certain services or functionalities on the Website, this malfunction shall not under any circumstances constitute harm to the User, who shall not be able to claim any compensation from the Company on this basis.
The Company reserves the right to modify the Website, the services offered on it, the GCS/GCU, as well as any delivery procedure or another component of the services performed by the Company via the Website. When placing an Order, the User is subject to the stipulations set forth by the GCS/GCU in force at the time of the Order.
- Liability of the Company; availability of the website
Any liability of the Company is limited to the amount received by the Company from the Client. The liability is limited to direct harm only, to the exclusion of any indirect harm such as the loss of earnings, profits or opportunities.
The Company can under no circumstances be held liable for the temporary or permanent unavailability of the Website and, although it implements all means to ensure the permanent availability and functionality of the Website, it is possible that this may be interrupted at any time. In addition, the Company reserves the right to voluntarily make the Website unavailable in order to carry out any updates, improvements or maintenance operations. As mentioned previously herein, the Company cannot under any circumstances be held liable for any delays in the performance of a service due to reasons that are out if its control, unforeseeable and unavoidable, or an error that is not its fault.
- Intellectual property
Written material, such as publications, texts and comments, illustrations, and images as well as any recordings or videos reproduced or represented on the Website are protected by copyright and the rights are strictly reserved by their respective holders. Any partial or full distribution, exploitation, representation or reproduction, without the Company’s express authorisation (or that of the respective holders) is forbidden and the contravening party runs the risks of incurring civil and/or criminal proceedings.
The company names, trademarks, logos and graphic charters featured on this Website have been filed with the National Institute of Industrial Property [INPI], are the exclusive property of their respective holders and are protected with regard to intellectual property, disloyal competition and/or third-party liability. The Website’s graphic charter, its name and the trademark and logo featured on it belong to the Company, that reserves the right to carry out any filing, renewal or supplementary filing, etc. with the protection bodies. Any partial or full distribution, exploitation, representation or reproduction, without the Company’s express authorisation (or that of the respective holders) is forbidden and the contravening party runs the risks of incurring civil and/or criminal proceedings.
- Applicable law, disagreements and disputes, jurisdiction assignment clause,
The GCS/GCU are exclusively governed by French domestic law, to the exclusion of any international convention including rules of substantive law.
Any disagreement that may arise between the Company and a User during the performance of these GCS/GCU shall be the subject of an attempt at amicable dispute resolution.
The consumer Client is informed that if the disagreement is not settled amicably, the parties may agree, before any legal dispute, on the principle of the intervention of a Judicial Conciliator (art. R. 131-12 of the Judicial Organisation Code [COJ]), such a Conciliator may be appointed either (i) by the parties themselves who will define their mission or failing this (ii) upon the request of the timeliest party before the competent Court.
Before any legal dispute, the consumer Client may resort to contractual consumer mediation under art. L 611-1 and the following of the Consumer Code, with the Consumer Mediation Commission.
In the absence of an amicable agreement, all disputes shall fall under the exclusive jurisdiction of the competent French Courts in Paris, France (currently the Paris Judicial Court and the Paris Commercial Court). This shall also be the case in the event of multiple defendants, joinders and impleaders, and for all request types, including provisional and precautionary requests.
Finally, the Client is informed that they can access the European Online Dispute Resolution Platform via the following hyperlink: disputes https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.
- Pre-contractual information
Prior to placing their Order, the Client acknowledges that they have received the GCS/GCU, and the information provided for in articles L 111-1 and the following of the Consumer Code, in a legible and understandable manner, and notably
- the essential characteristics of the Services,
- the price of the Services,
- the date or the period in which the Company undertakes to provide the Service,
- information pertaining to the Company’s identity (postal address, telephone number, email address),
- information pertaining to the legal and contractual guarantees and the terms of their implementation,
- the possibility of resorting to contractual mediation in the event of a dispute,
- information pertaining to the right of withdrawal (period, terms of exercising the right).
The placing of an Order on the Website implies compliance with and acceptance of the GCS/GCU. The Client may not invoke a document that contradicts the stipulations of these GCS/GCU.