GTC | Live Scene

Last version of June 18, 2020 (Replaces and cancels the previous one)

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TERMS AND CONDITIONS OF SALE - INTERNET

In force as of 18/06/2020

ARTICLE 1 - Scope of application

These General Terms and Conditions of Sale (known as "GTC") apply without restriction or reservation to any purchase of the following services:

• courses, training courses, theatre workshops, performance and improvisation

as offered by the Service Provider to non-professional customers ("The Customers or the Customer") on the Site. https://davidnoir.fr.

The main characteristics of the Services are presented on the website https://davidnoir.fr.

The Customer is required to read it before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer.

These Terms and Conditions of Sale are accessible at any time on the site https://davidnoir.fr and shall prevail over any other document.

The Customer declares that he has read and accepted these GCS by ticking the box provided for this purpose before the implementation of the online ordering procedure of the site. https://davidnoir.fr.

In the absence of proof to the contrary, the data recorded in the Service Provider's computer system shall constitute proof of all transactions concluded with the Client.

The contact details of the Provider are as follows:

Cézanne dit David Noir Louis

Declared as a self-employed theatre teacher (commercial name: Scène Vivante) under SIRET number 80307909400022 

APE Code: 8552Z

Exemption from registration in the Trade and Companies Register (RCS) and the Trade Register (RM),

13 allée Marguerite 94800 Villejuif

mail: [email protected]

telephone: 0146722332

Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged and are the sole responsibility of the Customer.

ARTICLE 2 - Prices

The Services are provided at the current rates shown on the site. https://davidnoir.frThe Service Provider shall be notified of the order at the time of order registration by the Service Provider.

Prices are expressed in Euros, excluding VAT and all taxes.

The rates take into account any discounts that may be granted by the Service Provider on the website. https://davidnoir.fr.

These prices are firm and non-revisable during their period of validity but the Service Provider reserves the right, outside the period of validity, to modify the prices at any time.

Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.

An invoice is drawn up by the Service Provider and given to the Client when the Services ordered are provided.

ARTICLE 3 - Orders

It is up to the Customer to select on the site https://davidnoir.fr the Services he wishes to order, according to the following terms and conditions:

The customer chooses a service that he can delete or modify before validating his order and accepting the present terms and conditions of sale. After validation, the order will be considered final and will require payment from the customer according to the terms provided .

The sale will be considered valid only after full payment of the price. It is up to the Customer to check the accuracy of the order and to immediately report any error.

Any order placed on the site https://davidnoir.fr constitutes the formation of a contract concluded at a distance between the Client and the Service Provider.

The Service Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.

The Customer will be able to follow the progress of his order on the site.

ARTICLE 4 - Terms of payment

The price is paid by secure payment, according to the following modalities:

• PayPal payment
• or payment by cheque
• or payment in cash on the spot
• or payment by bank transfer to the Vendor's bank account (the Customer is informed of the Customer's details when the order is placed)

The price is payable in full, in cash, on the day the Services are provided, in accordance with the conditions defined in the article "Provision of Services" and as indicated on the invoice given to the Customer.

The payment data are exchanged in encrypted mode thanks to the protocol defined by the approved payment service provider involved in the banking transactions carried out on the https://davidnoir.fr website.

Payments made by the Client will only be considered final after the Service Provider has actually received the sums due.

The Service Provider shall not be obliged to supply the Services ordered by the Client if the Client does not pay the price in full under the conditions indicated above.

ARTICLE 5 - Provision of Services

The Services ordered by the Customer will be provided according to the following terms and conditions: 

Pedagogical services relating to the performing arts delivered in the presence and with the participation of the client at variable times and days agreed between the service provider and the client according to the availability of the work room schedules. Depending on the case, it may be agreed that the sessions will be delivered by means of videoconferencing .

The said Services will be delivered at the date and time established in advance in the case of courses and workshops or agreed by appointment between the service provider and the client. from the final validation of the Client's order, under the conditions set out in these GTC at the address indicated by the Client when ordering on the website https://davidnoir.fr .

The Service Provider undertakes to use its best efforts to provide the Services ordered by the Client, within the framework of an obligation of means and within the time limits specified above.

If the Services ordered have not been provided within a period of The Client may cancel his order until the date determined for the service, subject to paying the amount of the room rental corresponding to the time slot reserved for his session. after the indicative date of supply, for any other reason than force majeure or the Client's fault, the sale of the Services may be cancelled at the Client's written request under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Client will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.

In the event of a specific request from the Client concerning the conditions for the provision of the Services, duly accepted in writing by the Service Provider, the related costs will be the subject of a subsequent specific additional invoice.

In the absence of reservations or claims expressly made by the Customer upon receipt of the Services, they shall be deemed to conform to the order, in quantity and quality.

The Client will have a period of 1 month from the provision of the Services to make claims by mail, e-mail, with all the relevant supporting documents, to the Service Provider.

No claim will be validly accepted in the event of non-compliance with these formalities and deadlines by the Customer.

The Service Provider shall refund or rectify as soon as possible and at its own expense the Services whose lack of conformity has been duly proven by the Client.

ARTICLE 6 - Right of Withdrawal

In accordance with the terms of article L221-18 of the French Consumer Code".The consumer has a period of fourteen days to exercise his right of withdrawal from a distance contract, following a telephone or off-premises canvassing, without having to give reasons for his decision or incur costs other than those provided for in Articles L. 221-23 to L. 221-25.

The period referred to in the first subparagraph shall run from the day :

1° The conclusion of the contract, for contracts for the provision of services and those mentioned in Article L. 221-4 ; 

2° The receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts of sale of goods. For off-premises contracts, the consumer may exercise his right of withdrawal from the conclusion of the contract.

In the case of an order for several goods delivered separately or in the case of an order for a good consisting of multiple lots or parts whose delivery is staggered over a defined period, the period shall run from receipt of the last good or lot or the last part.

For contracts providing for the regular delivery of goods over a defined period, the period shall run from the receipt of the first good. »

The right of withdrawal may be exercised online, using the withdrawal form attached and also available on the site or any other statement, unambiguous, expressing the willingness to withdraw and in particular by mail addressed to the Service Provider at the postal or email address indicated in ARTICLE 1 of these GCS.

In the event of exercising the right of withdrawal within the above-mentioned period, only the price of the Services ordered shall be refunded.

Reimbursement of the sums actually paid by the Customer shall be made within 14 days of receipt by the Service Provider of the Customer's notice of withdrawal.

ARTICLE 7 - Liability of the Service Provider - Guarantees

The Service Provider guarantees, in accordance with the legal provisions and without additional payment, the Client, against any lack of conformity or latent defect, resulting from a defect in the design or execution of the Services ordered under the following conditions and in accordance with the following terms and conditions:

Provisions relating to statutory guarantees

Article L217-4 of the Consumer Code

"The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter was made at his expense by the contract or was carried out under his responsibility. »

Article L217-5 of the Consumer Code

"The property is in accordance with the contract:

1° If it is fit for the use usually expected of a similar good and, where appropriate :

- if it corresponds to the description given by the seller and has the qualities which the seller has presented to the buyer in the form of a sample or model ;

- if it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling ;

2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter. »

Article L217-12 of the Consumer Code

"An action resulting from lack of conformity shall be time-barred after two years from the date of delivery of the goods. »

Article L217-16 of the Consumer Code.

"Where the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable property, to restore it to a state covered by the warranty, any period of immobilization of at least seven days shall be added to the remaining term of the warranty. This period shall run from the date of the buyer's request for intervention or from the date on which the goods in question are made available for repair, if such availability is subsequent to the request for intervention. »

In order to assert its rights, the Customer must inform the Service Provider in writing (e-mail or letter) of the existence of the defects or lack of conformity.

The Service Provider shall refund or rectify or have rectified (to the extent possible) the services found to be defective as soon as possible and no later than 30 days following the Service Provider's discovery of the defect or fault. This reimbursement may be made by bank transfer or cheque.

The Service Provider's warranty is limited to the reimbursement of the Services actually paid by the Client.

The Service Provider shall not be considered liable or in default for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French jurisprudence.

The Services provided through the Provider's website comply with the regulations in force in France. The Service Provider shall not be liable for any failure to comply with the laws of the country in which the Services are provided, which the Customer, who is solely responsible for the choice of the Services requested, must check.

ARTICLE 8 - Personal data

The Customer is informed that the collection of its personal data is necessary for the sale of the Services and their realization and delivery, entrusted to the Service Provider. This personal data is collected solely for the performance of the Services contract.

9.1 Collection of personal data

The personal data that are collected on the site https://davidnoir.fr are the following:

Ordering Services :

When the Client orders Services :

Surname, first names, postal address, telephone number and e-mail address.

Payment

Within the framework of the payment of the Services proposed on the site https://davidnoir.fr, this one records financial data relating to the bank account or the credit card of the Customer / user.

8.2 Recipients of personal data

Personal data is reserved for the sole use of the Service Provider and its employees.

The data controller is the Service Provider, within the meaning of the French Data Protection Act and, as from 25 May 2018, Regulation 2016/679 on the protection of personal data.

8.4 limitation of treatment

Unless the Customer expresses his express consent, his personal data will not be used for advertising or marketing purposes.

8.5 Data retention period

The Service Provider will keep the data thus collected for a period of 5 years, covering the time of the applicable contractual civil liability limitation period.

8.6 Security and confidentiality

The Service Provider implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, please note that the Internet is not a completely secure environment and the Service Provider cannot guarantee the security of the transmission or storage of information on the Internet.

8.7 Implementation of Customer and user rights

In application of the regulations applicable to personal data, the Clients and users of the site https://davidnoir.fr have the following rights:

• They may update or delete their data as follows:

By cancelling his payment before the service or by requesting in writing (email or mail) to the provider the deletion of any information that may have been collected during his purchase .

• They may delete their account by writing to the e-mail address indicated in Article 9.3 "Data controller".
• They may exercise their right of access to know their personal data by writing to the address indicated in article 9.3 "Data controller".
• If the personal data held by the Service Provider is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 "Data controller".
• They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Data controller".
• They may also request the portability of data held by the Service Provider to another service provider.
• Finally, they may object to the processing of their data by the Service Provider.

These rights, as long as they do not conflict with the purpose of the processing, may be exercised by sending a request by mail or e-mail to the Data Controller whose details are indicated above.

The controller must provide a response within a maximum period of one month.

In the event of a refusal to grant the Customer's request, reasons must be given.

The Client is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Service Provider. He will always have the possibility to withdraw his agreement at any time by contacting the Service Provider (contact details above) or by following the unsubscribe link.

ARTICLE 9 - Intellectual Property

The content of the site https://davidnoir.fr is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offence of counterfeiting.

ARTICLE 10 - Applicable law - Language

These GTC and the operations arising from them are governed by and subject to French law.

These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

ARTICLE 11 - Disputes

For any complaint, please contact the customer service department at the postal or e-mail address of the Service Provider indicated in ARTICLE 1 of these GCS.

The Customer is informed that he may in any event have recourse to conventional mediation, to existing sector-based mediation bodies or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute. 

In this case, the appointed mediator is

MEDICYS

73, Boulevard de Clichy 75009 Paris

www.medicys-consommation.fr

The Client is also informed that he may also resort to the Online Dispute Resolution (OLR) platform:https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes to which the purchase and sale operations concluded in application of these GCS and which would not have been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.

ANNEX I

Withdrawal form

Date ______________________

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://davidnoir.fr except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.

I hereby give notice of withdrawal from the contract concerning the order of the service below:

- Order of the (indicate date)

- Order number: ...........................................................

- Client's name: ...........................................................................

- Customer's address: .......................................................................

Client's signature (only in case of notification of this form on paper)

Realized on https://www.legalplace.fr