Terms of Sales
These General Terms and Conditions of Sale are up to date as of August 10, 2022.
1. Scope of the general conditions of sale
1.1. These General Terms and Conditions of Sale (hereinafter “GTC” or the “Contract”) are concluded between the ESPIC school – SIREN 852 925 122 – NAF code 8559A, whose registered office is 15 RUE DU LOUVRE 75001 PARIS, France ( hereinafter the « Company ») and the candidate (hereinafter the « Client ») who registers online for an event, a competition or any training organized by one of the educational establishments of the Company.
The Client and the Company are individually referred to as a “Party” and collectively as the “Parties”.
1.2. They apply automatically to any sale of the following products and services (the « Services »), without this list being exhaustive, as well as to any other product or service offered to the Customer by the Company as well as any establishment directly belonging or indirectly to the Company: Registration for an event or an entrance exam to one of the Company’s educational establishments; Purchase of services as specified on the various sites administered directly or indirectly by the Company.
These GCS are also intended to apply to any service of the Company negotiated and accepted by the Customer on this basis.
2. Application and opposability of the T&Cs
2.1. The purpose of these T&Cs is to define all the conditions under which the Company markets the products and services as offered for sale to Customers online on the following sites: www.espic.com/ (hereinafter the « Site (s) »). They therefore apply to any Order (“Order”) for products or services placed by the Customer on the Sites.
2.2. The Customer declares to have read and accepted these GCS before placing his Order.
2.3. The validation of the Order and the various elements resulting from it therefore constitutes acceptance of these GTC. These are regularly updated. The applicable T&Cs are those in force on the date the Order is placed.
2.4. Any contrary condition set by the Customer, in particular its general conditions of purchase for example, would therefore, in the absence of express acceptance, be unenforceable against the Company regardless of when it may have been brought to its attention.
2.5. The fact that the Company does not avail itself at a given time of any provision of these T&Cs, cannot be interpreted as a waiver of the right to subsequently avail itself of any provision of the said T&Cs.
3. Order and performance of services
3.1. The Services offered for sale are described and presented with the greatest possible accuracy on the Sites. Nevertheless, a minimal variation in the presentation of the Services does not engage the responsibility of the Company and does not affect the validity of the sale.
3.2. The Company reserves the right to correct the content of the Site at any time.
3.3. The Customer selects the Service(s) he wishes to purchase, and can access the summary of his Order at any time.
3.4. The summary of the Order presents the list of the Service(s) that the Customer has selected, and includes any additional costs such as administrative costs in addition to the price of the Service(s) of the Order. The Customer has the option of modifying his Order and correcting any errors before accepting his Order.
3.5. After having accessed the summary of his Order, the Customer confirms the acceptance of his Order by ticking the validation box of the GCS, then by clicking on the Order validation icon. The words « Order with obligation to pay » or a similar formula devoid of any ambiguity appears next to the validation icon of the Order to ensure that the Customer explicitly acknowledges his obligation to pay for the Order.
3.6. After acceptance of the GCS and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Customer and binds them irrevocably.
3.7. The Company then sends him an Order confirmation by email, containing the elements of the summary of his Order and, where applicable, the billing information provided.
3.8. After having validated his contact details, the Customer proceeds to the payment of his Order according to the methods specified below.
3.9. Any Order placed and signed by the Customer constitutes a firm and definitive commitment which cannot be called into question.
4. Cooperation of the parties
4.1. The Customer undertakes to accept any discussion with the Company when the latter considers that an exchange is necessary for the compliant performance of the Services covered by the Contract.
In general, the Client undertakes to cooperate fully with the Company in order to place him in the best possible conditions to carry out the services.
In this regard, the Client acknowledges that his involvement and collaboration are necessary to ensure the proper performance of the Contract by the Company.
4.2. In the event of the occurrence of an event likely to delay the performance of the Service, the Party concerned by the event must notify the other Party without delay by any means of communication appropriate to the urgency of the situation.
The Client cannot blame the Company for a delay in the performance of the Service if he delays or refuses to communicate to it essential information for the performance of the services.
4.3. In the absence of collaboration of the Client with the Company, the latter may not blame the Company for a breach in the performance of the Services covered by these presents.
5. Obligations of the customer
5.1. Given the nature of the products and services sold and offered by the Company, the Client acknowledges and accepts that he is subject to an obligation to cooperate with the Company.
5.2. As such, the Client acknowledges that he is subject to an obligation of result with regard to the solicitations addressed to him by the Company for the purpose of enabling the latter to perform the Services ordered by the Client. The Client’s collaboration with the Company is therefore decisive for the proper performance of the Services.
5.3. In addition, the Client must communicate and provide the Company with any information likely to allow the proper performance of the Services, in order to enable it to understand its needs and requests.
5.4. The Client will also make available any element likely to enable the Company to perform its obligations.
5.5. In addition to the aforementioned obligations, the Customer also undertakes to pay the agreed price within the set deadlines.
6. Price and terms of payment for the order
6.1. The prices are mentioned in the descriptions of the Services on the Site, in euros all taxes included.
6.2. The total amount is indicated in the summary before the Customer accepts these GCS, validates his Order. This total amount is indicated inclusive of all taxes.
6.3. The Order for Services is payable in euros. The terms of payment will be specified by the Company according to each situation. For information, payment can be made by credit card, bank check or postal check.
6.4. The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any amount that would be due by the Customer to the Company, in the event of an Order payment incident.
7.1. The Company implements all the appropriate measures to ensure the Customer the provision of the Services under optimal conditions. However, it cannot under any circumstances be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which would be attributable either to the Customer, or to the unforeseeable and insurmountable event of a third party unrelated to the contract, or to a case of force majeure as specified by article 1218 of the civil code and the applicable case law.
More generally, if the liability of the Company were to be engaged, it could in no case agree to compensate the Client for consequential damages or whose existence and/or quantum would not be established by evidence.
7.2. It is expressly stipulated that the Company cannot under any circumstances be held responsible, in any way whatsoever, for the case where the computer equipment or the electronic mail of the Customers rejects, for example due to an anti-spam, the e-mails sent by the Company, and in particular, without this list being exhaustive, the copy of the payment receipt, the summary statement of the Order or the e-mail for tracking shipment.
7.3. In addition, the Company cannot be held responsible for any failure concerning the hosting of data which would be linked to technical faults which are beyond the control of the Company.
7.4. The Customer is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.
8. Personal data – Security
8.1. The Company attaches great importance to respect for privacy and takes all necessary measures to ensure the confidentiality and security of Customers’ personal data.
8.2. As part of the supply, the Company collects personal data from Customers and in particular the following data: Email address, First name, Last name, Postal address, Date of birth, Country, Password, Bank details, Customer telephone number
8.3. The Company collects and processes the personal data of Customers for the following purposes: Provision and management of Services; Information on the Client and on the activities of the Client; Response to any questions/complaints from Clients; Compilation of statistics; Management of requests for rights of access, rectification and opposition.
8.4. Data relating to the management of Customers’ personal data is kept for the strictly necessary period as defined by the Data Protection Act as amended, i.e. three years after collection or the last contact with the Customer.
8.5. Customers’ personal data is processed by the Company’s sales department as well as by the Company’s partner companies and subcontractors.
8.6. The Company may also communicate personal data in order to cooperate with administrative and judicial authorities.
8.7. The Company takes care to secure the personal data of Customers in an adequate and appropriate manner and has taken the necessary precautions to preserve the security and confidentiality of the data and in particular to prevent it from being distorted, damaged or communicated to unauthorized persons.
8.8. Obligations of Clients: Clients acknowledge that the personal data disclosed by them is valid, current and adequate; Customers undertake not to infringe the privacy, image and protection of personal data of any third party and thus not to communicate to the Company the data of third parties without their consent.
8.9. Pursuant to Decree No. 2011-219 of February 25, 2011 relating to the retention and communication of data allowing the identification of any person having contributed to the creation of content put online, the Customer is informed that the host of a site is required to keep for a period of one year from the day of content creation, for each operation contributing to the creation of content: The identifier of the connection at the origin of the Communication ; The identifier assigned by the information system to the content, object of the operation; The types of protocols used for connecting to the service and for transferring content; The nature of the operation; The date and time of the operation; The identifier used by the author of the operation when he provided it.
8.10. In the event of termination of the Contract or closure of the account, the host must also keep for one year from the day of the termination of the Contract or the closure of the account the information provided when subscribing to a contract (Order ) by the Customer or when creating an account, namely: When creating the account: the identifier of this connection; The surname and first name or the company name; The associated postal addresses; The pseudonyms used; Associated email or account addresses; Telephone numbers; The password as well as the data allowing it to be checked or modified, in their latest updated version.
9. Intellectual Property
All the elements of this Site and the Site itself are protected by copyright, trademark law, designs and models and/or any other intellectual property rights. These elements are the exclusive property of the Company. All of these rights are reserved worldwide.
The ESPIC name and brand, logos, designs and models, stylized letters, figurative brands, and all signs represented on this Site are and will remain the exclusive property of the Company.
No title or right whatsoever to any element or software will be obtained by downloading or copying elements from this Site. It is strictly forbidden for the Customer to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and the elements and software it contains, no more modify them or perform any work based on them, nor sell or participate in any sale in connection with this Site, the elements of this Site or any software relating thereto. The Company grants the Client a non-exclusive license to use the Site. This license is strictly personal and may in no case be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.
Any use by the Client of the corporate names, trademarks and distinct signs belonging to the Company is strictly prohibited except with the express and prior agreement of the Company.
10. Image rights
The Customer acknowledges that he accepts the non-commercial use and exploitation (paper, broadcast, Internet and social networks) of his image in the context of communication, information and promotion of the Company and establishments. of teaching that it manages and in particular the distribution on the site(s) of this entity, as well as their reproduction on any medium whatsoever.
The Client assigns to the Company, without consideration, the exploitation rights (especially the rights of adaptation, reproduction, representation and distribution) of the photographs. The assignment is unlimited in time.
The Company is expressly prohibited from using the images likely to infringe privacy and reputation, from using the photographs and films covered by this document for any other harmful use.
The Client expressly waives the right to claim any right to the image and any action against the Company or any entity managed directly or indirectly by it, which would have its origin in the exploitation of the photographs, total or partial.
This assignment is made free of charge.
The Customer acknowledges being informed of the right to rectify or withdraw the authorization thus granted.
By expressly agreeing to this end by accepting these presents, the Client accepts that the Company may send him, at a frequency and in a form determined by the Client, a newsletter (newsletter) which may contain information relating to its activity.
12. Force majeure
None of the Parties may be held liable for its delay or failure in the performance of its contractual obligations if this delay or this failure is due to the occurrence of an event beyond its control, which could not have been reasonably foreseen. at the conclusion of the Contract and the effects of which cannot be avoided by appropriate measures.
In the event of the occurrence of such a case of force majeure, the performance of this Agreement shall be suspended until the disappearance, extinction or cessation of the case of force majeure. However, if the case of force majeure persists beyond a period of thirty (30) days, the Parties must come together to discuss a possible modification of the Contract.
The deadlines provided for in this Contract will be automatically postponed depending on the duration of the case of force majeure.
In the absence of an agreement between the Parties within thirty (30) days and if the case of force majeure persists, each of the Parties shall have the right to terminate this Agreement as of right, without any compensation being payable by either Party, by registered letter with acknowledgment of receipt addressed to the other Party.
13. Right of withdrawal
The Customer hereby declares that he intends to waive his right of withdrawal in order to benefit from the Services upon validation of the Order.
14.1. In the event of a breach by one of the Parties of one of its essential obligations, the other Party may, in the event of formal notice by registered letter with acknowledgment of receipt that has remained unsuccessful, pronounce the termination of the Contract as of right without any other formality. particular and without prejudice to any claim for damages.
14.2. The formal notice must indicate a reasonable period within which the offending Party must remedy the non-performance or poor performance of the essential obligation that is the subject of the formal notice. On pain of nullity, the formal notice must imperatively mention this termination clause.
15. Applicable law and attribution of jurisdiction
15.1. These T&Cs are governed and interpreted in accordance with French law, without taking into account the principles of conflict of laws.
15.2. In the event of a dispute likely to arise on the occasion of the interpretation and/or execution of the present or in relation to the present GCS, the Customer and the Company will make their best efforts to reach an amicable settlement of their dispute. .
15.3. In the event of failure of this attempt at amicable settlement, the Parties intend to submit the dispute to the exclusive jurisdiction of the competent courts in application of the rules of the Code of Civil Procedure.