Web site terms
ARTICLE 1: Scope
These General Terms and Conditions of Sale apply without restriction or reservation to any purchase, subscription, training modules and any other products and services offered within the immersive learning «i-training» platform. published by SAS «The Virtual Propaganders» hereinafter called «the Provider».
The main characteristics of the services are presented under the service contract offered by The Virtual Propaganders. The Customer is required to read it before any order and / or subscription. The choice and purchase are the sole responsibility of the Customer.
The contact details of the Service Provider are as follows:
SAS The Virtual Propaganders
RCS Nice 838 331 130
53 boulevard Pierre Sola 06300 Nice
These conditions apply to the exclusion of all other conditions, and in particular those applicable for other marketing channels for the Services. These General Conditions of Sale are accessible from the service contract concluded between the service provider and the customer and will prevail, where applicable, over any other version or any other contradictory document. The Customer declares to have read these General Conditions of Sale and to have accepted them by checking the box provided for this purpose before implementing any order procedure. Unless proven otherwise, the data recorded by The Virtual Propaganders Company constitutes proof of all transactions made by The Virtual Propaganders Company and the Client via the service contract. These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase being that in force elsewhere on the website on the date of placing the order.
ARTICLE 2: Orders
The Customer validates his order through a written contract, using the Services offered by The Virtual Propaganders as part of the «i-training» solution. Sales of Services are only perfect after express and written acceptance of the Customer’s order by the Provider, materialized by an acknowledgment of receipt from the Provider and acceptance of a quote. No order can be placed exclusively on the internet from the Provider’s site. The Customer has the possibility to check the detail of his order, its total price and to correct any errors before confirming his acceptance. This validation implies acceptance of all of these General Conditions of Sale and constitutes proof of the contract of sale. The taking into account of the order and the acceptance of it are confirmed by sending an email. For each product and service selected by the Customer, a complete description is developed which will have been presented to him, including: a description of the type of license, the nature, level and duration of each training module, a complete scenario of the contents of each module as well as the nature of the additional products and services selected. The Customer validates each of his choices by returning to the Service Provider the summary of all the products and services selected. All contractual information is presented in French and is subject to confirmation at the latest when the Customer confirms the order.
For services giving rise to the establishment of a preliminary estimate by the Service Provider, the sale of the services in question will not be considered final until after the Customer has been sent confirmation of the acceptance of the order by e-mail. . The quotes established by the Service Provider are valid for a period of 3 months. The quote must be validated by the customer by e-mail.
It is the Customer’s responsibility to check the accuracy of the order and immediately report any errors. The sale of Services will only be considered final after the Customer has been sent confirmation of acceptance of the order by the Service Provider, by email and after receipt by the latter of the full price. The Virtual Propaganders Company reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating, for example, to the payment of a previous order.
ARTICLE 3: Prices
The Services offered by the Provider are provided at the rates in force according to the estimate established by the provider. The prices are expressed in Euros HT. They are subject to current VAT. Unless otherwise stated, the rates take into account any reductions which may be granted by the Service Provider under the conditions specified in the estimate drawn up by the service provider. These prices are firm and cannot be revised during their period of validity, the Service Provider reserving the right, outside this period of validity, to modify the prices at any time. The payment requested from the Customer corresponds to the total amount of the purchase, including any management fees notified within the framework of the quote. An invoice is established by the Service Provider and transmitted to the Customer when the Services ordered are provided and their payment is made.
ARTICLE 4: Payment conditions
Unless otherwise stated, the Customer places the order by signing an order form and the total amount is payable:
- 50% on the day of placing the order by bank transfer or any other secure payment method for the creation of learning modules, on catalog or tailor-made, then the balance on the day of delivery of the said modules.
- 100% on the day of placing the order by bank transfer or any other secure payment method for all other products and services that do not fall into the previous category.
After validation of the order, the Customer will receive by e-mail all the details of the said order. The payments made by the Customer will only be considered final after the actual collection of the amounts due by the Customer. In addition, the Service Provider reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the supply of the Services ordered by the Customer and / or to suspend the performance of its obligations.
ARTICLE 5: Provision of Services
The Service Provider undertakes to make its best efforts to provide the Services ordered by the Customer, within the framework of an obligation of means and within the times specified above. If the services ordered have not been provided within the maximum period provided for in the contract after the indicative date specified, for any reason other than force majeure or the fact of the Client, the sale may be canceled at the written request of the Client within conditions provided for in articles L 138-2 and L 138-3 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of termination of the contract, excluding any compensation or deduction. In the absence of reservations or complaints expressly expressed by the Customer upon receipt of the Services, they will be deemed to comply with the order. The Client will have a period of 4 days from the provision of the Services to issue, in writing, reservations or complaints, with all supporting documents relating thereto, to the Provider. No complaint can be validly accepted in the event of non-compliance with these formalities and deadlines by the Customer. The Service Provider will make the rectifications as soon as possible and at his expense, in accordance with the terms and conditions approved by the Customer, of the Services for which the lack of conformity has been duly proven by the Customer.
ARTICLE 6: Right of withdrawal
According to article L121-16-1 III. of the Consumer Code (Hamon law), the Professional Client employing less than five employees has a right of withdrawal, if and only if the object of the contract was concluded outside the establishment and if this object does not fall within the scope of its main activity. The Customer then has, in accordance with the law, a withdrawal period of 14 days from the conclusion of the contract to exercise his right of withdrawal from the Service Provider and cancel his order, without having to justify reasons or pay penalty, at the end of exchange or refund, unless the performance of the services has started, with the agreement of the Client, before the end of the withdrawal period. It is specified that in the event of immediate execution of the Order, the Customer agrees to expressly waive his right of withdrawal as indicated in the express mention of the order form. Indeed, the right of withdrawal does not apply for the provision of services fully executed before the end of the withdrawal period and the execution of which has started after express prior agreement of the Customer and express waiver of his right of withdrawal or for the supply of digital content not supplied on a material medium, the execution of which has started after the Customer’s express prior agreement and express waiver of their right of withdrawal. The right of withdrawal must be exercised by mail, using the attached withdrawal form in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Service Provider, or any other declaration, unambiguous , expressing the will to retract and in particular by postal mail addressed to the Company The Virtual Propaganders, 53 boulevard Pierre Sola - 06300 Nice by mentioning the order concerned by this retraction. In case of exercise of the right of withdrawal within the aforementioned period, only the price of the Services ordered will be reimbursed.
The reimbursement of the sums actually paid by the Customer will be made no later than 14 days from the receipt by the Service Provider of the notification of the Customer’s withdrawal.
ARTICLE 7: Responsibility of the Provider - Guarantees
The Service Provider guarantees, in accordance with legal provisions, the Customer, against any lack of conformity or hidden defect, arising from a defect in the design or performance of the Services ordered. In order to assert their rights, the Customer must inform the Service Provider, in writing, of the existence of defects or lack of conformity within a maximum period of 5 days from the provision of the Services. The Service Provider will reimburse or rectify or have rectified (as far as possible) the services deemed defective as soon as possible. The reimbursement will be made by credit to the Customer’s bank account. The Service Provider’s guarantee is limited to the reimbursement of the Services actually paid for by the Customer and the Service Provider cannot be held responsible or failing for any delay or non-performance following the occurrence of a case of force majeure usually recognized by French case law.
The Services provided by the Service Provider comply with the regulations in force in France.
The Service Provider cannot be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for the choice of the Services requested, to check.
ARTICLE 8: Computers and Liberties
The Customer is informed that his registration in the Provider’s database, such as in particular by the «CONTACT» form or by the registration of the order form gives rise, for the Company The Virtual Propaganders, to the collection and processing automated personal data concerning him, the use of which is subject to the provisions of Law No. 78-17 of January 6, 1978 relating to Information Technology, Files and Freedoms as amended by Law No. 2004- 801 of August 6, 2004. These data are kept for the duration necessary for the purposes for which they are collected and processed. Mandatory fields on the forms are marked as such with an asterisk. Any refusal to answer the mandatory questions on the form or the purchase order will result in the Customer’s non-response or non-subscription. The recipient of the data and personal information collected is The Virtual Propaganders, whose registered office is located at 53 boulevard Pierre Sola in Nice (06300) and, where appropriate, the designated joint collecting organizations (OPCA).
Right of access, rectification and opposition
In accordance with the law n ° 78-17 of January 6, 1978 modified in 2004, the User has a right of access, rectification and erasure on the personal data concerning him, by sending an email to the company The Virtual Propaganders at the following address: firstname.lastname@example.org. Likewise, the User has a right of opposition to the processing of information and personal data concerning him, which he can implement for legitimate reasons. This right can be exercised by sending an email to The Virtual Propaganders at the following address: email@example.com. The user also has the right to withdraw their consent for the processing of their personal data by The Virtual Propaganders, subject to not infringing the lawfulness of the processing. The user has the possibility of entering the CNIL of any complaint. The user has a right to the portability of personal data that he has personally provided and processed on the basis of his consent or for the performance of a contract. This right is distinguished from the right of access to personal data which concerns all personal data. The user has the right to define general and specific directives relating to the manner in which he intends to exercise these rights after his death.
ARTICLE 9: Cookies
The user is informed that a cookie can be installed on their browser software upon their first visit to the Site www.virtual-propaganders.com. The cookie does not identify the user. It simply allows the storage of information relating to its navigation on the Site (the pages consulted, the date and time of the consultation, the number of visits, etc.). This information can be read during the next user visit. The shelf life of this information on the user’s computer is one year. The user is informed that he can oppose the registration of cookies by configuring his browser.
ARTICLE 10: Intellectual property
The content of The Virtual Propaganders website is the property of the Service Provider and its partners and is protected by French and international laws relating to intellectual property. Likewise, the content of the Software Application installed on the Customer’s equipment (Oculus Quest headset) is the property of the Service Provider 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 offense of counterfeiting. In addition, the Service Provider remains the owner of all intellectual property rights in photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the request of the Customer) for the provision of Services to the Customer. The Client therefore refrains from any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Service Provider who may condition it for financial compensation. The Customer is prohibited, in particular, not exhaustively, for a use other than that specified in the Object of the Services, from reproducing and / or representing, downloading, selling, distributing, transmitting, translating, adapting, exploiting, distributing, broadcasting and communicate in whole or in part in any form whatsoever, commercially or not, any work of original spirit or data contained on the Site and in the i-Training platform. The Customer also refrains from entering data on the Site and in the i-Training platform which would modify or which could modify the content or appearance of the data, the presentation or the organization of the Site or the platform, works appearing on the Site or in the platform, and by any means whatsoever.
ARTICLE 11: Hypertext links
The Site and the i-Training platform may include hypertext links to other sites. The Company The Virtual Propaganders can not be held responsible for the provision of these sites and external sources that insofar as the page or internet source to which a hypertext link was created contained content contravening French laws at the time of his creation. The Virtual Propaganders Company cannot therefore bear any responsibility for the content, advertising, products and services available on or from these external sites or sources offered after the creation of the hypertext link on its Site or in its platform. By express agreement, it is up to the Customer to provide proof of the fact that said hypertext link was created after the dissemination of this content, advertising, products or services. The Customer therefore acknowledges that The Virtual Propaganders cannot be held responsible for any damage or loss, proven or alleged, resulting from or in connection with the use or the fact of having read the content, advertising, products or services available on these sites or external sources. Finally, if, despite the efforts of The Virtual Propaganders, one of the hypertext links present on the Site or in the platform pointed to a site or an internet source whose content was or appeared not to comply with the requirements of French law to a User, he undertakes to immediately contact the following address: firstname.lastname@example.org in order to communicate to him the address of the pages of the site in question. The Company The Virtual Propaganders then undertakes to study the said site and to inform the Client of the action it intends to take, within a reasonable time. The user undertakes not to institute legal proceedings against The Virtual Propaganders Company before having received a response from him.
ARTICLE 12: Force Majeure
The Parties cannot be held liable if the non-performance or the delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of the article 1218 of the Civil Code.
ARTICLE 13: Applicable law - Language
These General Conditions of Sale and the operations arising therefrom are governed by and subject to French law. These General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
ARTICLE 14: Disputes
All disputes to which the purchase and sale operations concluded in application of these General Conditions of Sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have been be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law. The Customer is informed that he can in any event have recourse to conventional mediation, in particular with the Consumer Mediation Commission whose contact details will be sent to the Service Provider or any alternative method of dispute resolution (conciliation, by example) in the event of a dispute.
ARTICLE 15: Pre-contractual information - Customer acceptance
The Customer acknowledges having been informed, prior to placing their order and concluding the contract, in a legible and understandable manner, of these General Conditions of Sale and all the information listed in article L. 121-17 of the Consumer Code, and in particular the following information:
- The essential characteristics of the Services, taking into account the communication medium used and the Service concerned;
- The price of the Services and related costs;
- The date or the deadline by which the Service Provider undertakes to provide the Services ordered;
- Information relating to the identity of the Service Provider, their postal, telephone and electronic contact details, and their activities,
- The functionality of digital content;
- The possibility of having recourse to conventional mediation in the event of a dispute;
- Information relating to the right of withdrawal (existence, conditions, time limit, procedures for exercising this right and standard withdrawal form), the terms of termination and other important contractual conditions.
- Accepted means of payment.
The fact for a legal person to order on The Virtual Propaganders website or from an Order form, implies acceptance and full acceptance of these General Conditions of Sale and obligation to pay for the Services ordered, which is expressly recognized by the Customer, who waives, in particular, to avail himself of any contradictory document, which would be unenforceable against the Service Provider.
ARTICLE 16: Limitation of liability
The Virtual Propaganders website cannot be held responsible for errors encountered on the site, technical problems, interpretation of the information published and consequences of their use. Consequently, the user acknowledges using this information under his exclusive responsibility. Customers acknowledge and accept that no responsibility for The Virtual Propaganders will be incurred for any unavailability, suspension or interruption of the site or service. The Virtual Propaganders cannot be held responsible for direct and indirect damages of any kind resulting from this fact.
APPENDIX: Cancellation form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on The Virtual Propaganders site or from the Order form except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale .
For the attention of The Virtual Propaganders, 53 boulevard Pierre Sola - 06300 Nice
I hereby notify the withdrawal from the contract for the order of the services below:
- Order of «Date»
- Order number: ………………………………………………………
- Client name : ………………………………………………………
- Customer address: ……………………………………………………....
Signature of the Client (only in the event of notification of this form on paper):