Terms & Conditions for Sales for Consumers

1. Scope of Application

These General Terms and Conditions of Sale apply without restriction or reserve to any purchase of information and event services by any means, including online, related to consumer support. Any activity involving information and event services (the “Services”) offered by Etikord (the “Provider”) to non-professional consumers and Clients (the “Clients” or the “Client”). The Client is required to read these terms before placing an order. The choice and purchase of a Service are solely the responsibility of the Client. These conditions apply to the exclusion of all other conditions, including those applicable to other methods of marketing the Services. They may be supplemented by specific conditions stated on the website or in the service description, during the purchase process or before any transaction with the Client. Unless proven otherwise, the data recorded in the Provider’s computer system constitutes evidence of all transactions concluded with the Client.

In accordance with the Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) effective May 25, 2018, the Client has the right, at any time, to access, rectify, oppose, delete, and port their personal data by writing, with proof of identity, to: 35 Boulevard Saint-Assiscle, 66000 Perpignan.

The Client acknowledges having read these General Terms and Conditions of Sale and accepted them by checking the appropriate box before proceeding with the online ordering process. The validation of the Service order by the Client constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale. The Client acknowledges having the required capacity to contract and purchase the Services offered on the website. These General Terms and Conditions of Sale may be subject to subsequent modifications; the version applicable to the Client’s purchase is the one in effect on the website at the time of placing the order. The Services are offered for sale in the following territories: metropolitan France, the EU, the United Kingdom, and Switzerland. Customs duties or other local taxes, import duties, or state taxes may be applicable. They will be the sole responsibility of and are the responsibility of the Client alone.

2. Orders

The Client selects the Services they wish to order, according to the following terms: Choice of services, filling out an order form, selecting the payment method, and making the payment. The client also has the option to subscribe to a paid subscription with a one-year commitment on the Provider’s website.

The contractual information is presented in French, English, Italian, German, and Spanish, depending on the customer’s choice, and is confirmed at the latest at the time of the order validation by the Client. The registration of an order on the Provider’s website is made when the Client accepts the present General Terms and Conditions of Sale by checking the box provided for this purpose and validates their order. The Client has the possibility to check the details of their order, their total price, and to correct any errors before confirming their acceptance. This validation implies the acceptance of the entirety of the present General Terms and Conditions of Sale and constitutes proof of the sales contract.

It is up to the Client to verify the accuracy of the order and to immediately report any errors. The sale of Services will only be considered definitive after the sending to the Client of the confirmation of the acceptance of the order by the Provider and after the collection by the latter of the full price. Any order placed on the Website constitutes the formation of a contract concluded at a distance between the Client and the Provider. The Provider reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to the payment of a previous order. Once confirmed and accepted by the Provider, in the conditions described above, the order cannot be modified.

Tickets are nominative and remain personal and non-transferable, except with the express and prior authorization of the Provider. Any request for cancellation at the request of the Client less than 48 hours before the due date of the event for the provision of the Services ordered, will be subject to a penalty of 100% of the H.T. amount of the Services. Any request for cancellation that occurs between 48 hours and 72 hours before the scheduled date for the provision of the Services ordered, will be subject to a penalty of 50% of the H.T. amount of the Services postponed. Processing fees will be charged to the customer at the rate of 2.00 € TTC and deducted from the refund. Once confirmed and accepted by the Provider, in the conditions described above, the order cannot be cancelled, outside of the exercise of the right of withdrawal or force majeure.

3. Rates

The Services offered by the Provider are provided at the rates in effect on the website at the time of the order’s registration by the Provider. Prices are expressed in euros, pounds sterling, or Swiss francs, excluding and including VAT. The rates take into account any discounts that may be granted by the Provider, as specified on the website. These rates are firm and non-revisable during their validity period, as indicated on the website, with the Provider reserving the right, outside of this validity period, to change prices at any time. The payment requested from the Client corresponds to the total amount of the purchase. An invoice is drawn up by the Provider and given to the Client upon the provision of the ordered Services.

4. Payment Conditions

The price is payable in full on the day of the order’s placement by the Client, according to the terms specified in the “Orders” section above, by secure payment via credit card or bank transfer. Payment by credit card is irrevocable, except in cases of fraudulent use of the card. In this case, the Client can request the cancellation of the payment and the refund of the corresponding amounts. To do so, the Client must provide the Provider with proof of fraudulent card use. Payment data is exchanged in encrypted mode using the https protocol. The Provider will not be required to provide the Services ordered by the Client if the price has not been previously paid in full in the conditions and manner specified above. Payments made by the Client will only be considered final upon effective receipt of the sums due by the Provider. The Provider reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the provision of the Services ordered by the Client and/or to suspend the performance of its obligations. No additional costs, beyond the costs incurred by the Provider for the use of a payment method, may be charged to the Client.

5. Provision of Services

The Services ordered by the Client, which include service provisions, will be provided as follows: An email confirmation will be sent with the option to add the event to your own calendar with location or a link to the session. Another reminder email will be sent 24 hours before the event. Events may take place in person or online. For in-person events, the Provider will communicate the date and location to the Client. Each in-person event will last for 90 minutes. For online events, the Provider will communicate the date and the connection link to the Client. Each online event will last for 60 minutes. Optionally, at the start of the event, a sponsor will be introduced and will have the opportunity to present their story/company and interact with participants. Following these events, a group discussion format will be created. Each event will result in a summary published on the Etikord website, without mentioning participants’ names. For premium subscriptions, the client will have access to the Etikord website and exclusive content and features. The Services requested by the Client will be provided within a maximum period indicated by the Provider, starting from the final validation of the Client’s order, under the conditions specified in these General Terms and Conditions of Sale. The Provider undertakes to use its best efforts to provide the Services ordered by the Client as part of an obligation of means and within the specified timeframes above. However, these timeframes are provided for information purposes only. If the Services ordered have not been provided within 30 days after the indicative date specified above, for any reason other than force majeure or the fault of the Client, the sale may be terminated at the written request of the Client, under the conditions provided for in Articles L216-2, L216-3, and L241-4 of the Consumer Code. The sums paid by the Client will then be refunded within fourteen days following the date of termination of the contract, excluding any compensation or withholding. The identity of the Provider is indicated at the beginning of these General Terms and Conditions of Sale. Similarly, in the event of a specific request from the Client regarding the conditions for providing the Services, duly accepted in writing by the Provider, the related costs will be subject to additional specific invoicing at a later date. In the absence of any reservations or complaints expressly made by the Client during the provision of the Services, they will be deemed to be in conformity with the order, in terms of quantity and quality. The Client will have a period of 15 days from the provision of the Services to make written reservations or complaints, with all supporting documents, to the Provider. No claim will be validly accepted in the event of non-compliance with the formalities and deadlines by the Client. The Provider will refund the Client or rectify (to the extent possible) the Services that have been duly proven to be non-compliant.

6. Right of Withdrawal

Given the nature of the Services provided, orders placed by the Client do not benefit from the right of withdrawal. The contract is therefore concluded definitively upon the placement of the order by the Client, in accordance with the modalities specified in these General Terms and Conditions of Sale.

7. Provider’s Liability – Warranty

The Provider guarantees, in accordance with legal provisions and without additional payment, the Client against any lack of conformity or hidden defect resulting from a design or realization defect of the Services ordered, under the conditions and according to the modalities defined in these General Terms and Conditions of Sale. To assert their rights, the Client must inform the Provider in writing of the existence of defects or lack of conformity within a maximum period of 15 days from the provision of the Services. The Provider will refund or rectify, or have rectified (to the extent possible), the Services deemed defective as quickly as possible and no later than 15 days following the Provider’s discovery of the defect or lack of conformity. The refund will be made by crediting the Client’s bank account. The Provider’s warranty is limited to the reimbursement of the Services actually paid by the Client, and the Provider cannot be considered liable or in default for any delay or non-performance resulting from a force majeure event as usually recognized by French jurisprudence. The Services comply with the regulations in force in France. The Provider’s liability cannot be engaged in the event of non-compliance with the legislation of the country in which the Services are provided, which is the responsibility of the Client, who is solely responsible for choosing the requested Services and verifying them.

8. Personal Data Protection

In accordance with Law No. 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Client are necessary for the processing of their order and the establishment of invoices, in particular. This data may be communicated to the Provider’s potential partners responsible for the execution, processing, management, and payment of orders. The processing of information provided through the website complies with legal requirements for the protection of personal data, with the information system used ensuring optimal protection of this data. In accordance with national and European regulations in force, the Client has a permanent right of access, modification, rectification, opposition, portability, and limitation of processing regarding information concerning them.

9. Intellectual Property

The content shared during events or on the Website is the property of the Service Provider and its partners and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an act of counterfeiting.

10. Unforeseeability

In the event of unforeseeable changes at the time of contract conclusion, in accordance with the provisions of Article 1195 of the Civil Code, the Party that did not agree to assume a excessively onerous performance risk may request a renegotiation of the contract with its co-contractor.

11. Specific Performance

In derogation from the provisions of Article 1221 of the Civil Code, the Parties agree that in the event of a breach by either Party of its obligations, the injured Party shall not be entitled to specific performance. In express derogation from the provisions of Article 1222 of the Civil Code, in the event of a breach by either Party of its obligations, the injured Party shall not be entitled to have the obligation performed by a third party at the expense of the defaulting Party. However, the creditor of the obligation may request in court that the defaulting Party advance the necessary sums for such performance. In the event of non-performance of any of the obligations incumbent on the other Party, the injured Party may request the termination of the contract under the terms defined in the “Contract Termination” article.

12. Non-Performance Exception

It is reminded that, in accordance with Article 1219 of the Civil Code, each Party may refuse to perform its obligation, even if it is due, if the other Party does not perform its own obligation and if such non-performance is sufficiently serious, i.e., capable of jeopardizing the continuation of the contract or fundamentally altering its economic balance. The suspension of performance shall take effect immediately upon receipt by the defaulting Party of the notification of the breach sent for this purpose by the injured Party indicating the intention to apply the non-performance exception until the defaulting Party has remedied the observed breach, notified by registered letter with acknowledgment of receipt or by any other durable written medium allowing proof of sending. This non-performance exception may also be used preventively, in accordance with the provisions of Article 1220 of the Civil Code, if it is evident that one of the Parties will not perform its obligations by the due date and that the consequences of such non-performance are sufficiently serious for the injured Party. This option is used at the risk and peril of the Party initiating it. The suspension of performance shall take effect immediately upon receipt by the presumed defaulting Party of the notice of the intention to apply the preventive non-performance exception until the presumed defaulting Party performs the obligation for which future non-compliance is evident, notified by registered letter with acknowledgment of receipt or by any other durable written medium allowing proof of sending.

13. Force Majeure

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code.

14. Applicable Law – Language

These General Terms and Conditions of Sale and the operations arising from them between the Service Provider and the Client are governed by and subject to French law. These General Terms and Conditions of Sale are drafted in the French language. In the event they are translated into one or more foreign languages, only the French text shall prevail in case of a dispute.

15. Disputes

All disputes arising from the operations of the Supply of Services concluded in accordance with these general terms and conditions of sale, concerning their validity, interpretation, performance, termination, consequences, and consequences thereof, which could not have been resolved amicably between the Seller and the Client, shall be subject to the competent courts in accordance with common law. The Client is informed that, in any case, it may resort to conventional mediation, in particular with the Commission for Consumer Mediation (C. consom. Art. L612-1) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in case of dispute. Link to the European Online Dispute Resolution (ODR) platform in your GTC: https://entreprendre.service-public.fr/vosdroits/R48100

16. Pre-contractual Information – Client’s Acceptance

The Client acknowledges that, prior to immediate purchase or placing an order and entering into the contract, they have been provided with, in a clear and understandable manner, these General Terms and Conditions of Sale and all the information listed in Article L.221-5 of the Consumer Code, including the following:

The essential characteristics of the Service;

The price of the Services and any additional costs (such as delivery);

In the absence of immediate contract execution, the date or deadline by which the Service Provider undertakes to provide the ordered Services;

Information regarding the identity of the Service Provider, their postal, telephone, and electronic contact details, and their activities, if not evident from the context;

Information on legal and contractual warranties and their terms of implementation;

The features of digital content and, if applicable, its interoperability;

The option to use conventional mediation in the event of a dispute.

The act of a natural person (or legal entity) making an immediate purchase or ordering a Service implies full acceptance of these General Terms and Conditions of Sale and an obligation to pay for the ordered Services, as expressly acknowledged by the Client, who expressly waives any contradictory document, which would not be enforceable against the Service Provider.