1. About Us
2. Preamble
Our Company invites Users to carefully read these General Terms and Conditions of Sale and Use (hereinafter the “GTC/GTU“). The GTC/GTU apply to all Services provided by the Company to its Clients of the same category, regardless of clauses that may be included in the Client’s documents, including its general terms of purchase.
The GTC/GTU are systematically communicated to the Client upon request.
The Client is required to read the GTC/GTU before placing any Order.
In case of subsequent modification of the GTC/GTU, the Client is subject to the version in effect at the time of their Order.
Data recorded in the Company’s computer system constitutes proof of transactions concluded with the Client.
3. Definitions
“Client” refers to any individual or legal entity placing an Order on this Website;
“Order” means any order placed by the User registered on this Site, with the aim of availing the Services of the Company;
“General Terms and Conditions of Sale and Use” or “GTC/GTU” refers to these general terms and conditions of sale and use online;
“Consumer” refers to the buyer who is an individual acting outside of their professional needs;
“Professional” refers to the buyer, either a legal entity or individual, acting within their professional capacity;
“Services” refers to all the service offerings available to Users by the Company through this Website;
“Site” refers to this Website;
“Company” refers to Snake Spirit, more fully described in Article I of these terms; and
“User” refers to anyone who makes use of the Site.
4. Registration
Registration on the Site is open to all adult individuals and entities in full possession of their legal capacities.
Use of the Services offered on the Site is conditional upon the User’s registration on the Site.
To proceed with registration, the User must fill out all mandatory fields; otherwise, the service cannot be provided. In such cases, the registration cannot be completed.
Users guarantee and declare on their honor that all information communicated on the Site, particularly during their registration, is accurate and conforms to reality. They commit to updating their personal information from their dedicated page available within their account.
Each registered User has a username and password. These are strictly personal and confidential and should never be shared with third parties lest the User’s account be deleted. Each registered User is personally responsible for maintaining the confidentiality of their username and password. The Company will not be responsible for identity theft of a User. If a User suspects fraud at any time, they must contact the Company as soon as possible so that the Company can take necessary measures and rectify the situation.
Each User, whether a legal entity or individual, can only hold one account on the Site.
In case of non-compliance with the GTC/GTU, including creating multiple accounts for a single person or providing false information, the Company reserves the right to proceed with the immediate suspension or deletion of all accounts created by the infringing registered User.
The deletion of the account results in the permanent loss of all benefits and services acquired on the Site. However, any Order made and billed by the Site before the account deletion will be executed under normal conditions.
In case of deletion of an account by the Company for breach of duties and obligations set out in the GTC/GTU, it is strictly forbidden for the infringing User to reregister on the Site directly, through another email address, or by person interposed without the express permission of the Company.
5. Service Provision and Prices
The Services subject to the GTC/GTU are those listed on the Site and offered directly by the Company or its partner providers.
Services are described on the corresponding page within the Site and include all their essential features. The Company is not responsible for the inability to perform said service when the User is not eligible.
When a registered User wishes to obtain a service sold by the Company through the Site, the price indicated on the service page corresponds to the price in dollars, inclusive of all taxes (TTC), and takes into account any applicable and current discounts on the day of the Order. The indicated price does not include ancillary costs, which will be indicated if applicable in the summary before ordering.
The Company reserves the right to modify its prices at any time. It commits to invoicing the services at the rate applicable at the time of their Order. For services whose price cannot be known in advance or stated with certainty, a detailed estimate will be sent to the Client.
Under no circumstances can a User demand the application of discounts no longer in effect on the day of the Order.
6. Orders
An Order can only be made when the User has registered on the Site. The User, when logged into their account, can add Services to their virtual basket. They can access the summary of their virtual basket to confirm the Services they wish to order and execute their Order by pressing the “Order” button.
They must then enter their address, the delivery mode, and a valid payment method to finalize the order and effectively form the sales contract between them and the Company.
Recording an Order on the Site is realized when the Client accepts the GTC/GTU by checking the box provided for this purpose and validates their Order. This validation constitutes proof of the sales contract. Finalizing the Order implies acceptance of the prices and terms of realization of the services as indicated on the Site.
Once their Order has been placed, the Client will receive confirmation by email. This confirmation will summarize the Order and the information related to the execution of the service(s).
In the event of non-payment, wrong Client address, or other issues on the Client’s account, the Company reserves the right to block the Client’s order until the problem is resolved. In the event it is impossible to perform the service, the Client will be informed by email at the address provided to the Company. The cancellation of this service and its refund will then be processed, with the remainder of the order remaining firm and definitive.
The Company may provide the Client with price reductions, discounts, and rebates depending on the number of Services ordered or based on the regularity of Orders, according to the conditions set by the Company.
7. Payment Terms and Deadlines
Unless otherwise stipulated, all sales are paid for in cash at the time of placing the Order.
Depending on the nature or the amount of the Order, the Company remains free to require a deposit or the payment of the entire price at the time of placing the Order or upon receipt of the invoice.
Payment can be made by:
- Credit card
In the event of total or partial non-payment of the services by the due date on the invoice, the Professional Client must pay the Company a late penalty, the rate of which is equal to the rate practiced by the European Central Bank for its refinancing operation plus 10 percentage points. The refinancing operation chosen is the most recent at the date of the Order of the Service provisions.
In addition to late fees, any sum, including the deposit, not paid on its due date will automatically result in the payment of a flat-rate indemnity of 40 dollars due for collection costs.
In the event of total or partial non-payment of the services by the due date on the invoice, the Consumer Client will have to pay the Company a late penalty, the rate of which is equal to the legal interest rate.
No compensation can be made by the Client between penalties for delay in the provision of ordered services and sums due by the Client to the Company for the purchase of Services offered on the Site.
The penalty owed by the Client, Professional or Consumer, is calculated on the all-taxes-included amount of the sum remaining due and runs from the due date of the price without any prior formal notice being necessary.
In case of non-compliance with the payment conditions described above, the Company reserves the right to cancel or suspend the sale.
8. Service Execution
The service ordered on the Site will be provided by:
- The Company
The Company commits to using all human and material resources to carry out the service within the deadlines announced at the time of the Order placement. However, it cannot be held responsible for delays in service execution due to faults not attributable to it.
If the services have not been performed within the stipulated time, the sale may be canceled at the request of the Client under the conditions provided in Articles L216-2 and L216-3 of the Consumer Code. The sums paid by the Client will be refunded at the latest within fourteen days following the date of cancellation of the contract.
This provision does not apply when the delay of the Company is due to a fault of the Client or to a case of force majeure, that is to say the occurrence of an unforeseeable, irresistible event independent of the will of the Company.
In the event that the execution of a physical service could not be carried out or was postponed due to an error in the address indicated by the Client, the travel expenses of the provider mandated by the Company to carry out the unsuccessful service will be charged to the Client.
9. Complaints
For all Orders made on this Site, the Client has a right to file a complaint within 14 days from the delivery of the Service.
To exercise this right of complaint, the Client must send to the Company, by email, a statement in which they express their reservations and complaints, accompanied by the relevant supporting documents.
A complaint not respecting the conditions described above cannot be accepted.
Following the examination of the complaint, the Site may, if applicable, replace or refund the Service as soon as possible and at its expense.
10. Consumer’s Right of Withdrawal
The Consumer has a right of withdrawal of 30 days from the placement of the Order, except for the products mentioned in Article L221-28 of the Consumer Code as reproduced below:
“The right of withdrawal cannot be exercised for contracts:
1° Of fully executed services before the end of the withdrawal period and whose execution began after the consumer’s prior express consent and express waiver of their right of withdrawal;
2° Of the supply of goods or services whose price depends on fluctuations in the financial market beyond the professional’s control and likely to occur during the withdrawal period;
3° Of the supply of goods made according to the consumer’s specifications or clearly personalized;
4° Of the supply of goods likely to deteriorate or expire rapidly;
5° Of the supply of goods that have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° Of the supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;
7° Of the supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
8° Of maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by them, within the limit of spare parts and work strictly necessary to respond to the emergency;
9° Of the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° Of the supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
11° Concluded at a public auction;
12° Of services of accommodation, other than residential accommodation, goods transport, car rental, catering or leisure activities that must be provided on a specific date or period;
13° Of the supply of digital content not supplied on a tangible medium, whose performance has begun after the consumer’s prior express consent and express waiver of their right of withdrawal.”
The regulation excludes the legal withdrawal period for the “supply of audio or video recordings, or computer software when they have been unsealed by the consumer.” Therefore, the legal withdrawal period is null from the moment the ordered product is downloaded and/or accessible. Source: Article L121-20-2 of the Consumer Code.
When a guarantee is offered in case of no results on the product presentation page, it is valid for a maximum of 30 days. This guarantee only takes effect if and only if the client carries out the actions detailed in the purchased product. If the client has not fully watched and applied the videos present in the product, they will not be eligible for the guarantee and therefore not eligible for a refund.
If a guarantee is offered on the presentation page of a training and the duration of the guarantee is not mentioned, it will be valid for a maximum of 30 days.
If no guarantee is offered, no refund is possible according to Article L121-20-2 of the Consumer Code concerning video recordings.
To exercise this right of withdrawal, the Consumer sends a declaration to the address: contact[at]service-client.com.
They will be reimbursed for all fees paid for the service within 14 days following the Company’s acknowledgment of their withdrawal declaration. The refund will be made using the same payment method as used for the purchase.
However, if the service has already begun at the date of the Company’s acknowledgment of the withdrawal, the value corresponding to the service already performed will be deducted from the refund. This refund will be made using the same payment method as for the purchase.
11. Personal Data Processing
Registration on the Site entails the processing of the Client’s personal data. If the Client refuses the processing of their data, they are requested to refrain from using the Site.
This processing of personal data is done in compliance with the General Data Protection Regulation 2016/679 of April 27, 2016.
Moreover, in accordance with the Data Protection Act of January 6, 1978, the Client has, at any time, a right of interrogation, access, modification, amendment, and opposition to all of their personal data by writing, by mail and proving their identity, to the following address: contact[at]service-client.com.
These personal data are necessary for the processing of their Order and the establishment of their invoices if applicable, as well as to improve the functionalities of the Site.
12. Sharing of Collected Data
The Site may use third-party companies to perform certain operations. By browsing the Site, the Client agrees that third-party companies may have access to their data to enable the proper functioning of the Site.
These third-party companies only have access to the data collected in the context of performing a specific task.
The Site remains responsible for the processing of these data.
Furthermore, Users may receive information or commercial offers from the Company or its partners.
The User may at any time refuse to receive these commercial offers, by writing to the address of the Company indicated above, or by clicking on the link provided for this purpose in the emails received.
Furthermore, Client information may be passed on to third parties without their express prior agreement in order to achieve the following aims:
- comply with the law
- protect any person from serious bodily harm or death
- fight fraud or damage to the Company or its users
- protect the Company’s property rights.
13. Data Protection
The Company ensures an appropriate level of security proportionate to the risks incurred and their probability, in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016.
However, these measures do not constitute a guarantee and do not commit the Company to an obligation of result concerning data security.
14. Cookies
To allow its Users to benefit from optimal navigation on the Site and better functioning of the various interfaces and applications, the Company may install a cookie on the User’s computer. This cookie allows storing information relating to navigation on the Site (date, page, hours), as well as any data entered by the Users (searches, login, email, password).
The User expressly authorizes the Company to deposit a so-called “cookie” file on the User’s hard drive.
The User has the option to block, modify the retention period, or delete this cookie via the interface of their browser. If systematic disabling of cookies on the User’s browser prevents them from using certain services or features of the Site, this malfunction cannot in any case constitute damage for the member who will not be entitled to any compensation as a result.
15. Modifications
The Company reserves the right to modify the Site, the services offered on the Site, the GTC/GTU as well as any delivery procedure or other element constituting the services performed by the Company through the Site.
When placing an Order, the User is subject to the stipulations of the GTC/GTU in force at the time of the Order.
16. Responsibility
The Company cannot be held responsible for the unavailability, whether temporary or permanent, of the Website and although it implements all its means to ensure the service at all times, it may be interrupted at any time. In addition, the Company reserves the right, by a deliberate act, to make the Website unavailable in order to perform any update, improvement or maintenance operation.
As previously mentioned, the Company cannot be held responsible for delays in service execution for reasons beyond its control, independent of its will, unpredictable and irresistible or whose faults cannot be attributed to it.
17. Intellectual Property
The brand, logo, and graphic charter of this Site are trademarks registered with the INPI and works protected under intellectual property, the property of which belongs exclusively to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete without the express authorization of said company will expose the offender to civil and criminal prosecution.
18. Jurisdictional Clause
The law governing the GTC/GTU is French law. Any dispute that may arise between the Company and a User during the execution of these terms will be subject to an attempt at amicable resolution. Failing this, disputes will be brought to the attention of the competent courts of common law.
The Client is informed that they can resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or with any alternative dispute resolution method (conciliation, for example) in case of dispute.
19. Pre-contractual Information
Prior to their Order, the Client acknowledges having been informed, in a clear and understandable manner, of the GTC/GTU and of all the information and data provided for in Articles L111-1 to L111-7 of the Consumer Code, and in particular:
- the essential characteristics of the Services;
- the price of the Services;
- the date or the deadline by which the Company commits to providing the Service;
- information relating to the identity of the Company (postal, telephone, and electronic contact details);
- information on legal and contractual guarantees and their implementation procedures;
- the possibility of resorting to conventional mediation in the event of a dispute;
- information on the right of withdrawal (deadline, exercise procedures).
Placing an Order on the Site implies adherence to and acceptance of the GTC/GTU. The Client cannot rely on a contradictory document.
20. Mediator Contact Details
Association des Médiateurs de Bretagne Ouest (AMBO)
12 rue Colbert B37, Lorient 56100“.