Your personal data will be used to process your order, support your experience throughout this website, and for other purposes described in our privacy policy.
Last update: July 2024
Article 1 – LEGAL NOTICE
The present site, accessible at the URL https://artivoxa.com (the “Site”), is
published by MR JONATHAN LAVANANT’s auto entreprise, number
90388654700012, whose head office is located at 741 Guirhoel -29410
Plouneour Menez.
The Site’s Publishing Director is MR JONATHAN LAVANANT.
Article 2 – GENERAL PROVISIONS RELATING TO
THESE GENERAL CONDITIONS
The purpose of these General Terms and Conditions is to describe the
conditions for the supply and purchase of Training for Customers, including
the terms and conditions for use of the Site and Platform.
The general conditions of sale (the “General Conditions of Sale”, or the
“GCS”) apply exclusively to the online sale of products offered by the
Operator on the Website.
The GCS are made available to customers on the Site, where they can be
consulted directly, and can also be communicated to them on request by
any means.
By checking a box or clicking on the button provided for this purpose, the
customer acknowledges that he/she has read and accepted these terms and
conditions before placing an order. The validation of the order by its
confirmation implies the buyer’s acceptance of the GCS in force on the day
of the order, which are kept and reproduced by the Operator.
Article 3 – DESCRIPTION OF PRODUCTS
The Site is an online sales site for digital/downloadable products – Online
Training (hereinafter the “Product(s)”) open to any individual or legal
entity using the Site (the “Customer”).
The Products presented on the Site are each the subject of a description
(drawn up by the supplier or accessible on the manufacturer’s site via a link
on the Site) mentioning their essential characteristics. Any photographs
illustrating the products do not constitute a contractual document. The
Product’s instructions for use, if essential, appear on the Site. The Products
comply with the requirements of current French law.
The Customer remains responsible for the methods and consequences of
accessing the Site, in particular via the Internet. Such access may involve
the payment of fees to technical service providers such as Internet access
providers, which remain the responsibility of the Customer. In addition, the
Customer must provide and be entirely responsible for the equipment
required to connect to the Site.
For a detailed presentation of each Training Course offered by the
Company, the Customer is invited to visit the corresponding
presentation page on the Site.
The Customer has access to the Service immediately after confirmation
of his order by the Company and at the latest within 48 hours.
The Training courses are aimed at a varied public, made up of
professionals and/or private individuals, depending on the Training course,
and it is advisable, before placing any order on the Site, to check the
conditions required for registration.
The Training purchased by the Customer is supplied in its version up to
date at the date of purchase and updates are not included. The Company
reserves the right to propose an update of the Training content at any time.
For a fee.
The Company reserves the right to deliver the Training modules
successively, according to the planned Training program.
The customer acknowledges that he has checked that the computer
configuration he is using is secure and in working order.
Article 4 – CREATION OF THE CUSTOMER AREA
To place an order on the Site, the Customer must first create a personal
customer area. Once created, to access it, the Customer must identify
himself using his secret, personal and confidential identifier and password.
It is the Customer’s responsibility not to communicate his/her login and
password in accordance with the provisions of article PERSONAL DATA
of these General Terms and Conditions.
Each Customer undertakes to maintain strict confidentiality regarding the
data, in particular login and password, enabling him/her to access his/her
customer area. The Customer acknowledges that he/she is solely
responsible for accessing the Service using his/her login and password,
except in the event of proven fraud. Customers also undertake to inform
the Operator immediately in the event of loss, misappropriation or
fraudulent use of their login and/or password.
After the creation of his personal customer area, the Customer will receive
an email confirming the creation of his customer area.
When registering, the Customer undertakes to :
- to provide true, accurate and up-to-date information at the time of
entry into the service’s registration form, and in particular not to use
false names or addresses, or unauthorized names or addresses.
- keep registration data up to date to ensure that it is real,
accurate and up-to-date at all times.
The Customer further undertakes not to make available or distribute
any illicit or objectionable information (such as defamatory
information or information constituting identity theft) or harmful
information (such as viruses). If this is not the case,
the Operator may suspend or terminate the Customer’s access to the
Site at its sole discretion.
Article 5 – ORDERS
The Operator endeavours to guarantee optimum availability of its
Products. Product offers are valid while stocks last.
If, despite the best efforts of the Operator, a Product proves to be
unavailable subsequent to the Customer’s order, the Operator will inform
the Customer by email as soon as possible and the Customer will have the
choice between :
- delivery of a Product of equivalent quality and price to that initially
ordered, or
- reimbursement of the price of the Product ordered at the latest within
thirty (30) days of payment of the sums already paid.
It is agreed that apart from reimbursement of the price of the
unavailable Product, if this option is requested by the Customer, the
Operator is not liable for any cancellation indemnity, unless the non-
performance of the contract is personally attributable to the Operator.
Unless otherwise stated in these General Terms and Conditions,
customer orders are firm and final.
When placing an order, the Customer must select the Products chosen and
add them to his/her basket, indicating the Products selected and the
quantities desired. Customers can check the details of their order and its
total price, and return to previous pages to correct the contents of their
basket, if necessary, before validating it.
The Customer undertakes to read the General Terms and Conditions of
Sale then in force before accepting them and confirming the terms and
conditions and any delivery and withdrawal charges prior to payment of
the order.
Confirmation of the order implies acceptance of the GTC and forms the
contract.
A copy of these General Terms and Conditions as accepted by the
Customer will be sent to the Customer by e-mail at the time of
confirmation of the Order, so that the Customer may refer to them.
Contractual information relating to the order (including the order number)
will be confirmed by e-mail in due course, and at the latest at the time of
delivery. The Operator strongly advises the customer to print and/or
archive this order confirmation on a reliable and durable medium as proof.
A digital invoice is available to the customer in the “my account” area.
The Operator also advises the Customer to print and/or archive this
invoice on a reliable and durable medium as proof.
Any email sent to the Customer in connection with an order will be sent to
the email address used by the Customer to log on to the Customer Area.
The Operator reserves the right not to validate the Customer’s order for any
legitimate reason, in particular in the event that :
- The Customer would not respect the General Conditions in force
at the time of his order;
- The customer’s order history shows that sums are still owed for
previous orders;
- One of the Customer’s previous orders is the subject of a dispute
currently being processed;
- The Customer has not responded to a request for confirmation
of his order sent to him by the Operator.
The Operator archives contracts for the sale of Products in
accordance with applicable legislation. By sending a request to the
following address co*****@******xa.com, the Operator will provide
the Customer with a copy of the contract which is the subject of the
request.
Any modification of the order by the Customer after confirmation of
the order is subject to the agreement of the Operator.
The information provided by the customer when placing an order
(in particular name and delivery address) is binding. Therefore, the
Operator cannot be held liable in the event that an error in placing
the order prevents or delays delivery.
The Customer declares that he/she has full legal capacity to enter into
the present Terms and Conditions.
Registration is open to adults of legal age and to minors under the
condition that they act under the supervision of a parent or guardian
holding parental authority. Under no circumstances is registration
authorized on behalf of a third party unless the third party is validly
authorized to represent it (e.g. a legal entity). Registration is strictly
personal to each Customer.
In the event of a breach by the Customer of any of the provisions
hereof, the Operator reserves the right to terminate the Customer’s
account without notice.
Special offers and discount vouchers. The Company reserves the right to
offer limited-time introductory offers, promotional offers or price
reductions on its Training courses, and to revise its offers and prices on
the Site at any time, in accordance with the law. The applicable rates are
those in force at the time of the Customer’s order, and the Customer may
not take advantage of other rates prior or subsequent to the order.
Vouchers may be subject to special conditions, and are in any case strictly
personal to their beneficiary and usable only once.
Article 6 – PAYMENT TERMS AND SECURITY
The Customer expressly acknowledges that any order placed on the
Site is a payment order, which requires payment of a price in exchange for
the supply of the Product ordered.
In any event, the Operator reserves the right to check the validity of the
payment, before dispatching the order, by any means necessary.
The Operator uses the STRIPE online payment solution.
Orders can be paid for using one of the following payment methods:
- Payment by credit card. Payment is made directly to the secure bank
servers of the Operator’s bank, and the customer’s bank details do not pass
through the Site. Bank details communicated at the time of payment are
protected by an SSL (Secure Socket Layer) encryption process. In this
way, these details are not accessible to third parties.
The customer’s order is recorded and validated as soon as the bank accepts
payment.
The Customer’s account will only be debited with the corresponding
amount once (i) the credit card details have been verified and (ii) the
Customer’s credit card has been authenticated.
(ii) the debit has been accepted by the bank that issued the credit card.
Failure to debit the sums due will result in the immediate nullity of the
sale.
In particular, the credit card may be refused if it has expired, if it has
reached the maximum spending amount to which the Customer is entitled,
or if the data entered is incorrect.
- Payment by electronic wallet (Paypal type). The customer already
has an account on the electronic wallet used by the Operator. The
customer can use this account to pay for his order in complete security
without disclosing his bank details.
As part of the control procedures, the Operator may have to ask the
customer for all the documents required to finalize the order. These
documents will not be used for any other purpose.
Article 7 – PRICE PAYMENT
The price of the Products in force at the time of the order is indicated in
euros, all taxes included (VAT included), excluding delivery and transport
costs. In the event of a promotion, the Operator undertakes to apply the
promotional price to all orders placed during the promotional advertising
period.
Prices are payable in euros (€) only. The price is payable in full once the
order has been confirmed. The prices quoted include any discounts and
rebates that the Operator may grant.
If delivery or transport costs apply, they will be added to the price of the
Products and indicated separately before the order is validated by the
Customer. The total amount due by the Customer and its details are
indicated on the order confirmation page.
Article 8 – FORMATION OF THE CONTRACT
The contract between the Operator and the Customer is formed when the
Customer sends confirmation of his order.
The Customer’s attention is particularly drawn to the method of acceptance
of the order placed on the Site. When the Customer places an order, he/she
must confirm it using the “double-click” technique, i.e. after having
selected the Products added to the basket, the Customer must check and, if
necessary, correct the contents of his/her basket (identification, quantity of
Products selected, price, delivery terms and charges) before validating it
by clicking on “I confirm my delivery”, then he/she acknowledges
acceptance of these GTS before clicking on the “I accept delivery” button.
The “double click” is equivalent to a handwritten signature. The “double
click” constitutes an electronic signature and is equivalent to a handwritten
signature. It constitutes irrevocable and unreserved acceptance of the order
by the Customer.
Communications, order forms and invoices are archived by the Operator
on a reliable and durable medium so as to constitute a true and durable
copy. These communications, order forms and invoices may be
produced as proof of the contract. In the absence of proof to the
contrary, the data recorded by the Operator on the Internet or by
telephone constitute proof of all transactions between the Operator and
its Customers.
No refund will be possible once the SITE has validated and delivered the
order. As the products are digital products, delivered online, the buyer has
access to the product directly after validation and purchase. This means
that no refund is possible.
Article 9 – RESERVATION OF TITLE
The Operator remains the sole owner of the Products ordered on the Site
until full payment has been received, including any shipping costs.
Article 10 – SHIPPING AND DELIVERY
The online sales offers presented on the site are reserved for consumers
residing in France or, where applicable, in a member country of the
European Union, and for deliveries in these same geographical areas.
Delivery means the transfer to the Customer of physical possession or
control of the Product.
As the products are digital products and online training courses, everything
is done online as soon as payment is validated by digital transmission.
Article 11 – RIGHT OF WITHDRAWAL
No right of withdrawal for Services.
Training courses and digital products ordered via the artivoxa.com website
(accessible at https://www.artivoxa.com/) constitute digital content that is
not provided on a material support, so that these Services fall within the
scope of the provisions of article L 221-28, 13° of the French Consumer
Code, which states that the right of withdrawal (as provided for in articles
L 221-18 et seq. of the French Consumer Code, which stipulate that the
consumer has a period of fourteen days in which to exercise his or her
right of withdrawal from a contract concluded at a distance) does not
apply to contracts for the supply of digital content not provided on a
tangible medium, performance of which has begun after the consumer has
given his or her prior consent and expressly waived his or her right of
withdrawal.
In addition, training courses and digital products ordered online via the
artivoxa.com website (accessible at https://www.artivoxa.com/) are of a
nature to be fully executed before the end of the legal withdrawal period,
so that these Services fall within the scope of the provisions of article L
221-28, 1° of the French Consumer Code, which stipulates that the right of
withdrawal cannot be exercised concerning contracts for the supply of
services fully executed before the end of the withdrawal period, and whose
execution has begun after prior and express agreement by the consumer
and express renunciation of his or her right of withdrawal.
Prior to ordering e-learning, online training and digital products, the User is
reminded that :
- has given its express prior consent for artivoxa.com to provide it with
digital content independent of any physical medium
- given its prior and express agreement to the execution of the contract
before the end of the withdrawal period (which is 14 (fourteen) days)
- given its prior and express consent to receive a fully executed
supply of services before the end of the withdrawal period
- waived its right of withdrawal in respect of the purchase by it of
the services
- declare that they have been informed of the aforementioned legal
provisions taken from articles L 221-28, 13°and L 221-28,1° of the French
Consumer Code, and waive their right to do so.
You have the right to cancel your order for e-learning, digital products and
online training.
By accepting these General Terms and Conditions of Sale, the Customer
expressly acknowledges that he has been informed of the terms and
conditions of withdrawal.
Article 12 – CUSTOMER SERVICE
The Customer may contact the Operator :
- By post to our head office at 741 Guirhoel -29410 Plouneour
Menez.
- By email: please contact co*****@******xa.com, indicating your
name, telephone number, the subject of your request and the order
number concerned.
Article 13 – INTELLECTUAL PROPERTY AND SITE USE
LICENSE
The Operator is the sole owner of all the elements present on the Site, in
particular and without limitation, all texts, files, images animated or not,
photographs, videos, logos, drawings, models, software, trademarks, visual
identity, database, structure of the Site and all other elements of intellectual
property and other data or information (hereinafter, the “Content”).
“Elements”) which are protected by French and international laws and
regulations relating in particular to intellectual property.
Consequently, none of the Site Elements may, in whole or in part, be
modified, reproduced, copied, duplicated, sold, resold, transmitted,
published, communicated, distributed, broadcast, represented, stored, used,
rented or exploited in any other way, whether free of charge or against
payment, by a Customer or by a third party, whatever the means and/or
media used, whether known or unknown to date, without the prior express
written authorization of
of the Operator on a case-by-case basis, and the Customer is solely
responsible for any unauthorized use and/or exploitation.
The Professional Customer is entitled to only one user per establishment
to access the Platform. Any new user implies a new purchase, for the
same Training. The Customer is responsible for ensuring that the
intellectual property rights of the Company or its Partners are respected
by any of its employees who may have authorized access to the contents
of the Service and/or the Platform, or who may be Users.
All distinctive signs used by the Company are protected by law and any
unauthorized use by the Company may give rise to legal proceedings.
Non-compliance with this clause will be considered as serious misconduct
on the part of the Customer and will be detrimental to the Company, which
reserves the right to terminate the contract to the detriment of the
Customer.
Sound extracts. The Customer is informed of the rights of use of sound
extracts offered in certain training courses (guided visualizations, music,
etc.), on the Training platform, and undertakes to respect them. Any
unauthorized use may be prosecuted by the Company or by the author of
the music in question, of which the Customer is expressly warned.
The Operator reserves the right to take legal action against any
person who fails to comply with the prohibitions contained in the
present article.
ARTICLE 14 – LIABILITY AND WARRANTY
The Operator cannot be held responsible for the non-performance of
the contract due to the Customer or due to an event qualified as force
majeure by the competent courts, or due to the unforeseeable and
insurmountable act of any third party to the present contract.
The Customer acknowledges that the characteristics and constraints of the
Internet make it impossible to guarantee the security, availability and
integrity of data transmissions over the Internet. Thus, the Operator does
not guarantee
that the Site and its services will operate without interruption or error. In
particular, their operation may be temporarily interrupted for maintenance,
updates or technical improvements, or to develop their content and/or
presentation.
The Operator may not be held liable for the use of the Site and its services
by Customers in breach of these General Terms and Conditions, nor for
any direct or indirect damage that such use may cause to a Customer or a
third party. In particular, the Operator may not be held liable for any false
declarations made by a Customer or for the Customer’s conduct towards
third parties. In the event that the Operator is held liable for such
behaviour on the part of one of its Customers, the latter undertakes to
indemnify the Operator against any judgement pronounced against it, and
to reimburse the Operator for all costs, in particular legal fees, incurred in
its defence.
LEGAL WARRANTY OF CONFORMITY.
The Company guarantees the Customer, in accordance with legal
provisions, against any lack of conformity or latent defect in the
Formations resulting from a defect in the design or execution of the said
Formations, to the exclusion of any negligence or fault on the part of the
Customer.
The Company may only be held liable in the event of proven fault or
negligence on its part, and is limited to direct damages arising from said
fault or negligence, to the exclusion of all indirect damages of any kind
whatsoever.
In order to assert his rights, the Customer must inform the Company, in
writing, of the existence of the defect within a maximum of three (3)
working days from the completion of the Training.
The Company will rectify or have rectified, as far as possible and at its own
expense, the service(s) deemed defective or will refund the Customer if
rectification is not possible.
In any event, the Company’s guarantee is limited to the amount actually
paid by the Customer for the purchase of the Training.
It should be noted that the Company cannot be considered as
liable or in default for any delay or non-performance of its obligations
related to and/or consecutive to the occurrence of a case of force majeure.
We remind you that the search for amicable solutions prior to any legal
action does not interrupt the time limits for legal warranties or the
duration of any contractual warranties. E
EXCLUSIONS OF LIABILITY.
Disclaimer: The Company does not issue state-recognized diplomas. Any
certificate that may be issued by the Company at the end of Training is
provided for information purposes only, does not constitute a professional
title, and has no particular legal value, which the Customer accepts.
expressly. The Customer expressly refrains from relying on a certificate
or attestation of achievement issued by the Company as an official
diploma.
The Customer undertakes to personally pay the price of the Training, for
which he is invoiced. The Customer is not entitled to apply for funding
such as FIFPL, OGDPC or any other financial support, and the Company
will not draw up professional training agreements. The Customer may not
request that his e-learning training be paid for by an approved collecting
body (OPCA, FIFPL, etc.) as part of his personal training account (CPF).
The Customer acknowledges that he/she has received sufficient
information and advice before committing him/herself.
The Customer declares that he/she is fully aware that the services offered
are for information and entertainment purposes only, and are for personal
development and leisure. Training is not a medical, psychological, legal or
financial service, and has never been offered as such by the Company. The
Customer remains perfectly free to withdraw from the Training under the
conditions stipulated in the contract. He acts under his sole and exclusive
responsibility. Under no circumstances can the information and exercises
offered guarantee a result, and the Customer is fully aware of this. In this
respect, the Customer is solely responsible for the use and exploitation of
the information and exercises provided.
the information provided, the interpretations he/she makes, the advice
he/she deduces therefrom or that was given to him/her as part of the
Training. The Company or its instructors shall not be held liable in this
respect.
The Customer is expressly warned that any professional activity requires
an appropriate legal status, in accordance with French law. The
Company’s role is not to provide a professional status to the Customer,
who is fully responsible for complying with French and European
regulations applicable to the professional activity for which he/she
subscribes to the Service, in particular with regard to invoicing, VAT,
consumer law, competition, health and sanitary standards.
The customer is solely responsible for the support he/she provides,
including on the basis of Training from which he/she has benefited.
As publisher, the Customer assumes responsibility for communicating
information to the public and for the editorial content of its site(s), blogs,
pages on social networks, etc. The Customer is solely responsible for the
quality and relevance of the data and content it transmits to the public.
The Customer is solely responsible for the quality and relevance of the
data and content it transmits to the public.
Whatever the type of Service package selected by the Professional
Customer, the Company’s liability is expressly limited to compensation for
direct damage proven by the Professional Customer. Under no
circumstances shall the Company be held liable for indirect damage such
as loss of data or files, operating loss, commercial loss, loss of earnings, or
damage to the Professional Customer’s image or reputation. The Customer
understands that this is not a distance therapy intended to treat his/her own
disorders or problems.
ARTICLE 15 – AFTER-SALES SERVICE
After-sales services provided by the Operator and not covered by the
commercial warranty are covered by a contract, a copy of which is
given to the customer.
Warranty claims should be addressed to the after-sales service at the
following address:
- e-mail address: co*****@******xa.com
- postal address: Auto entreprise of MR JONATHAN LAVANANT
at number 90388654700012 whose head office is located at 741
Guirhoel -29410 Plouneour Menez.
ARTICLE 17 – PERSONAL DATA
For more information on the use of personal data by the Operator, please
read the Privacy Policy (the “Policy”) carefully. You can consult this
Charter on the Site at any time.
Article 18 – HYPERTEXT LINKS
The hypertext links available on the Site may lead to third-party sites not
published by the Operator. They are provided solely for the Customer’s
convenience, in order to facilitate use of the resources available on the
Internet. If the Customer uses these links, he/she will leave the Site and
agree to use the third-party sites at his/her own risk or, where applicable,
in accordance with the conditions governing them.
The Customer acknowledges that the Operator does not control or
contribute in any way to the development of the terms of use and/or
content applying to or appearing on these third-party sites.
Consequently, the Operator cannot be held responsible in any way
whatsoever for these hypertext links.
Furthermore, the Customer acknowledges that the Operator does not
endorse, guarantee or take over all or part of the terms of use and/or
content of these third-party sites.
The Site may also contain promotional hypertext links and/or advertising
banners referring to third-party sites not published by the Operator.
The Operator invites the Customer to inform the Operator of any
hypertext link present on the Site that would allow access to a third-party
site offering content contrary to the law and/or morality.
The Customer may not use and/or insert a hypertext link to the site
without the prior written consent of the Operator on a case-by-case basis.
ARTICLE19- REFERENCES
The Customer authorizes the Operator to mention the Customer’s name and
logo as a reference in its communication media (brochure, website, sales
proposal, press relations, press release, press kit, internal communication,
etc.).
ARTICLE20 – GENERAL PROVISIONS
ENTIRE AGREEMENT OF THE PARTIES
These General Terms and Conditions constitute a contract governing
relations between the Customer and the Operator. They constitute the
entirety of the rights and obligations of the Company and the Operator
relating to their subject matter. Should one or more stipulations of the
present General Terms and Conditions be declared null and void in
application of a law, regulation or following a final decision by a
competent court, the other stipulations shall retain all their force and
scope. In addition, the fact that one of the parties to these General Terms
and Conditions does not invoke a breach by the other party of any of the
provisions of these General Terms and Conditions shall not be construed
as a waiver on its part to invoke such a breach in the future.
CHANGES IN CONDITIONS
The Operator reserves the right to modify at any time and without notice
the content of the Site or the services available therein, and/or to cease
temporarily or permanently to operate all or part of the Site.
In addition, the Operator reserves the right to modify the location of the
Site on the Internet, as well as these General Terms and Conditions, at any
time and without prior notice. The Customer must therefore refer to these
General Conditions before using the Site.
The Customer acknowledges that the Operator shall not be held liable in
any way whatsoever to the Customer or any third party as a result of such
modifications, suspensions or cessations.
The Operator advises the customer to save and/or print out these General
Terms and Conditions for safe and durable storage, so that they can be
invoked at any time during the performance of the contract if necessary.
COMPLAINT –
In the event of a dispute, please contact the company’s customer service
department at co*****@******xa.com.
APPLICABLE LAW
These General Terms and Conditions are governed, interpreted and applied
in accordance with French law.
ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
BY THE CUSTOMER
The Customer acknowledges having carefully read these General Terms
and Conditions. By registering on the Site, the Customer confirms having
read and accepted the General Terms and Conditions, thereby becoming
contractually bound by the terms of these General Terms and Conditions.
The General Terms and Conditions applicable to the Customer are those
available on the date of the order, a copy of which dated to that date may
be provided to the Customer on request. It is therefore specified that any
modification of the General Terms and Conditions made by the Operator
will not apply to any previous order, unless expressly agreed by the
Customer at the origin of a given order.
