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Terms of Sales

Preamble
Article 1 – Designation of the Seller
Article 2 – General provisions relating to the General Conditions of Sale
Article 3 – Essential characteristics of the services offered
Article 4 – Price
Article 5 – Billing
Article 6 – Offer
Article 7 – Order
Article 8 – Contract
Article 9 – Right of withdrawal
Article 10 – Payment
Article 11 – Freedom Service and termination
Article 12 – Download of digital books and videos, provision of other services
Article 13 – Guarantees
Article 14 – Responsibilities
Article 15 – Cancellation clause
Article 16 – Intellectual property
Article 17 – Personal data
Article 18 – Applicable law and language
Article 19 – Mediation
Article 20 – Territorial jurisdiction
Article 21 – Pre-contractual information
Annex 1

Preamble

The Coachline company (hereinafter “Coachline”) publishes a website at coachline.co and coachlinetraining.com (hereinafter “Coachline”) which allows any registered user to access courses which, accompanied by exercises allow learners to train and gain skills, as well as support services by a dedicated expert (coach)

Coachline is accessible by users 24 hours a day, 7 days a week, all year round, except in the case of maintenance operations.

These General Conditions of Sale (hereinafter “the General Conditions of Sale” are intended to govern all online sales of Seller’s services on Coachline.

Article 1 – Designation of the Seller

1.1 In the General Conditions of Sale, the expression “Seller” means:

PERFORMANCE

SAS with share capital of 3,000 euros

registered with the Paris RCS under number 821 062 338

whose intra-community VAT number is FR 66821062338

whose head office is located at 12 rue Godot de Mauroy

represented by its Managing Director: Florence Rollot

Email: florence.rollot@coachline.co

Phone. : +33 170210031

The Publication Director is Florence Rollot.

The Site is hosted by:

OVH – SAS with a capital of € 10,069,020
RCS Lille Métropole 424 761 419 00045
APE code 2620Z
VAT number: FR 22 424 761 419
Headquarters: 2 rue Kellermann – 59100 Roubaix – France

1.2 The Seller is the editor of the Coachline site.

The Director of publication of Coachline is Florence ROLLOT.

Coachline has been declared by the Seller to the National Commission for Data Protection (hereinafter “the CNIL”) under the number 1465651

Coachline is hosted by OVH

1.3 The contact details for the after-sales service are as follows:

Tel: + Tel. : +33 170210031

12 rue Godot de Mauroy 75009 Paris

E-mail: contact@coachline.co

Article 2 – General provisions relating to the General Conditions of Sale

2.1 Purpose of the General Conditions of Sale

As stated in the preamble, the General Conditions of Sale are applicable to all online sales of Seller’s services on Coachline.

2.2 Scope of the General Conditions of Sale

The General Conditions of Sale govern all online sales contracts for services from the Seller to purchasers having the quality of consumers (hereinafter, “the Customer (s)”) and constitute with the order form and the contract or training agreement the contractual documents enforceable against the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of the products which have only an indicative value.

The General Conditions of Sale are written together with all the contractual information mentioned on the site in French.

2.3 Availability and enforceability of the General Conditions of Sale

The General Conditions of Sale are made available to Customers on the Seller’s site where they can be directly consulted and can also be communicated to them on request by electronic mail or post.

The General Conditions of Sale are enforceable against the Customer who acknowledges, by checking a box provided for this purpose, that they have read and accepted them before placing an order.

The validation of the order by its confirmation implies acceptance by the Customer of the General Conditions of Sale in force on the day of the order, the conservation and reproduction of which are ensured by the Seller in accordance with article 1369-4 of the Civil Code.

2.4 Modification of the General Conditions of Sale

The Coachline Seller reserves the right to modify its General Conditions of Sale at any time.

In case of modification of the General Conditions of Sale, the General Conditions of Sale applicable are those in force on the date of the order, a copy dated to this day can be given to the Customer at his request.

2.5 Clauses of the General Conditions of Sale

The nullity of a contractual clause does not invalidate the General Conditions of Sale.

On the other hand, the temporary or permanent application of one or more clauses of the General Conditions of Sale by the Seller cannot be considered as a waiver on his part of the other clauses of the General Conditions of Sale which continue to have effect.

Article 3 – Essential characteristics of the services offered

The Seller presents on Coachline.co the services offered for sale as well as their detailed descriptions allowing the Customer to know, before the final order, their essential characteristics.

Article 4 – Price

4.1 Sale price

The sale prices, in accordance with article L. 113-3 of the Consumer Code, are indicated, for each of the services appearing in the electronic catalog, in euros all taxes included.

The total amount owed by the Customer is indicated on the order confirmation page.

The sale price of the service is that in force on the day of the order.

In the event of promotion by price, the Seller agrees to apply the promotional price to any order placed during the duration of the promotion.

4.2 Additional costs

No additional costs will be invoiced without the express agreement of the Client.

4.3 Modification of the sale price

The Seller reserves the right to change its prices at any time, while guaranteeing the Customer that the price in force on the day of the order is applied.

Concerning the so-called “Freedom” service offered by the Seller under the conditions defined in article 11 of the General Conditions of Sale, its price may increase in the event of renewal of the subscription by automatic renewal under the conditions provided for in article 11.3 of the General Conditions of Sale.

However, if this is the case, the Client must expressly accept this increase.

Article 5 – Billing

An invoice is established for each order placed under the conditions provided for in article 7 of the General Conditions of Sale.

Article 6 – Offer

6.1 Supply area

The online sales offers presented on Coachline are intended for Customers residing in France and worldwide.

6.2 Duration of the offer

The online sales offers presented on Coachline are valid, unless otherwise specified, as long as the services are listed in the electronic catalog.

6.3 Acceptance

The acceptance of the offer by the Customer is validated, in accordance with the double-click process, by the confirmation of the order. For companies, a written proposal and a quote including the general conditions of sale, are sent to the business customer who confirms the purchase by an order form and the payment of a deposit.

Article 7 – Order

7.1 Steps to conclude the contract

To place an order, the Customer, after having filled his virtual basket indicating the services selected, then clicks on the “Validate” button and provides the information relating to the method of payment.

Before clicking on the “Validate” button, the Customer can check the details of his order and its total price and return to the previous pages to correct any errors or possibly modify his order.

The confirmation of the order implies acceptance of the General Conditions of Sale and forms the contract.

An email acknowledging receipt of the order and its payment is sent by the Seller as soon as possible.

For businesses, the written proposal and the quote are confirmed by the purchase by sending a purchase order and then by paying a deposit.

7.2 Order modification

Any change of order by the Customer after confirmation of his order is subject to acceptance by the Seller.

The Seller reserves the right to make changes to the ordered product that are linked to technical development under the conditions provided for in article R. 132-2-1, V of the Consumer Code.

7.3 Order validation

The Seller reserves the right to refuse any order for legitimate reasons.

After the Customer has confirmed his order, an email acknowledging receipt of said order and its payment is sent by the Seller as soon as possible.

7.4 Unavailability of the services ordered

If the services ordered are unavailable for delivery, the Seller immediately informs the Customer and can offer him a service of equivalent quality and price.

In case of disagreement, the Customer is reimbursed at the latest within 30 days of payment of the amounts paid.

7.5 Customer account

The history of transactions made by the Client as well as the download credit available to the beneficiary of the “Freedom” and “Open coach” services offered under the conditions defined in article 11 of the General Conditions of Sale are available to him on simple request. By download means the transmission and reproduction of a file incorporating the digital content chosen by the Customer on an electronic device connected to the internet. The Customer is invited to regularly consult his account and, for any question or difficulty, to contact the Seller at the address: contact@coachline.co

Article 8 – Contract

8.1 Conclusion

The sales contract is formed when the Customer sends the confirmation of his order.

8.2 Archiving and proof

The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1348 of the Civil Code.

These communications, purchase orders and invoices can be produced as proof of the contract.

Article 9 – Right of withdrawal

9.1 Exercising the right of withdrawal

9.1.1 From the acceptance of the order for the services offered by Coachline, the Customer has a period of 14 clear days to cancel it in the context of sales occurring in the online store. .

9.1.2 When the period of 14 days expires on a Saturday, a Sunday or a public or non-working day, it is extended until the next working day. The notification of the right of withdrawal must be made to the Seller to the following email: contact@coachline.co

9.1.3 In the event of the exercise of the right of withdrawal within the aforementioned period, the price of the services purchased will be reimbursed within a maximum of 14 days following the date on which the withdrawal was exercised.

9.2 Exclusion of the right of withdrawal

The right of withdrawal may not be exercised for the provision of services the execution of which has started, with the agreement of the Client before the expiration of the withdrawal period, and for which the latter has expressly waived the exercise of said right.

In the event that the Customer has started to use the services ordered prior to the exercise of his right of withdrawal, he remains liable to the Seller for the amount corresponding to the service provided.

Article 10 – Payment

10.1 Payment terms

The price is due in full after confirmation of the order.

10.2 Payment methods

Payment is made in the following ways:

either by bank card using the secure payment interface; CIC MONETICO SOLUTION
either by means of the Paypal secure payment solution;
either by bank transfer credited to the Seller’s bank account;
either by direct debit from the Customer’s bank account;
either by check;

In the event of payment by direct debit, the Seller reserves the right, in the event of rejection of the direct debit, to request payment of the amount due by any other means of payment. In the absence of effective settlement within a maximum of 15 days from the rejection of the direct debit, the Seller will have the right to automatically terminate the order, without prejudice to his right to request the settlement of his claim for the past period.

10.3 Secure payment

Coachline has an online payment security system to encrypt the transmission of the parties’ bank details.

The payment module used is the “MONETICO” system, a secure and certified “DU CIC” platform.

10.4 Late payment

Any amount not paid at maturity is earning interest at the legal rate, without prior notice.

10.5 Default of payment

The Seller reserves the right, in the absence of payment of the price by the set deadline, to claim payment for it, suspend delivery or automatically terminate the contract and retain, as compensation, the deposit paid on the order.

Article 11 – Freedom Service and termination

11.1 Liberty Service

The Seller offers so-called “Freedom” services allowing, subject to the payment of a monthly or annual fee, to benefit from the following services:

Access to 5 courses, exercises and courses;
Coaching credits
Certificates of success offered by Coachline and its partners, making it possible to obtain, in the event of success during the course and on the course, a certificate of success which validates the knowledge and skills of the Client;
Tutoring credits
Downloading of eBooks (digital books) from the catalog published by the Seller and by its partners, it being specified that this eBook credit must be used in the month considered, it cannot be re-credited for the following month;
Priority email support;
Any other service that would be offered in the future by Coachline.

The subscription to Liberty services meets the same payment conditions as the entire offer described in article 10 of the General Conditions of Sale.

The terms of these downloads and those of the Freedom services are detailed in articles 12.3.2 and 12.4 of the General Conditions of Sale.

11.2 Price of the freedom service

The price of the Freedom service varies according to the offer offered by the Seller and freely chosen by the Customer. The nature and amount of the various offers offered by the Seller are detailed on the Coachline price list.

11.3 Extension and termination of the freedom service

The Liberty service offered by the Seller is of limited duration, either 3 months, 6 months or a year. In all cases, the Liberty service will be subject, at its monthly or annual maturity, to a tacit renewal for the same duration, either one month or one year.

However, the Seller will inform the Customer who has subscribed to the annual Liberty service, before the end of the service deadline, of his possibility of ending his annual engagement if he wishes.

11.4 Attendance at training

The Seller offers support by a mentor, tutor or coach in videoconferencing as part of his Freedom offer. In order to successfully complete the training in the best possible conditions, the Client undertakes to comply with the attendance charter

The Client agrees to appear on time during the videoconference sessions with the mentor
The Client agrees to carry out the courses and projects requested by the mentor, tutor, trainer or coach

If unable to participate in a videoconference, the Client agrees to notify the coach or mentor or tutor at least 48 hours in advance to postpone the session. In case of delay, the mentor, tutor, trainer or coach will wait 10 minutes before canceling the session.

In case of absence or delay, the session is canceled, it will not be refunded and cannot be postponed. As a penalty, the client’s next session cannot be rescheduled before 7 calendar days and it will not be reimbursed.

In the event of repeated absence and / or delay, the Seller may be required to offer mediation using a new mentor, tutor, trainer or coach. If no solution is found and the training cannot be completed within the agreed deadlines, the Seller reserves the right to end the training unilaterally. In this situation the seller will then reimburse the Customer in proportion to the price paid over the number of whole unused training months.

When the Client’s training is funded by a third-party organization (Pôle Emploi, OPCA, company, etc.), the Client agrees to carry out the training within the deadlines agreed by the funding organization. In the event that the latter does not follow all of the training for which the funding organization has given its prior acceptance, the training costs not billed to the funding organization may be billed directly to the customer, so that the Seller does not suffer any prejudice linked to the non-attendance of the Customer.

Article 12 – Downloading of digital books and videos, provision of other services

12.1 Delivery times

The services will be delivered only after full payment of their price according to the methods detailed in article 10 below.

12.2 Delays in delivery

In accordance with legal provisions, in the event of Coachline’s failure to deliver the goods or provide the service on the date or at the end of the period provided above, the Customer may terminate the contract, by registered letter with request acknowledgment of receipt or in writing on another durable medium, if, after having instructed Coachline to make the delivery or provide the service within a reasonable additional time, in the same manner, the latter has not executed within this period.

When the contract is resolved under the conditions thus provided, Coachline is required to reimburse the Client for all of the sums paid, at the latest within fourteen days of the date on which the contract was terminated.

12.4 Provision of other services

As stated in articles 11.1 and 11.2 of the General Conditions of Sale, the Customer can also benefit from other services accessible directly on Coachline.co.

12.5 Compliance

If the service ordered does not comply with the order, the Customer must send a complaint to the Seller with a view to obtaining the replacement of the service or possibly the resolution of the sale, by e-mail to the email address contact @ coachline .co.

12.6 Unavailability

In case of unavailability of delivery services, the Seller may offer, under the conditions provided for in article 7.4 of the General Conditions of Sale, an equivalent service in terms of quality and price.

12.7 Failure to provide the service

Failure to provide the service automatically results in the termination of the sales contract.

Article 13 – Guarantees

13.1 Legal guarantees

All the services provided by the Seller benefit from the legal guarantee of conformity provided for in articles L. 211-4 to L.211-13 of the Consumer Code and from the guarantee relating to defects in the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the Civil Code.

Articles L. 211-4, L. 211-5 and L. 211-12 of the Consumer Code as well as article 1641 and the first paragraph of article 1648 of the Civil Code are reproduced in full in Appendix 1 of the Conditions Terms of Sale.

The stipulations of this article do not prevent the Customer from benefiting from the right of withdrawal provided for in the conditions detailed in article 9 of the General Conditions of Sale.

Under these guarantees, the Seller agrees, at the Customer’s choice, to reimburse or exchange defective or non-corresponding services for his order.

Regardless of the commercial guarantee provided for in the following paragraph, the Seller remains liable, in accordance with article L. 211-15 of the Consumer Code, for conformity defects and hidden defects.

13.2 Commercial warranty

As stated in Article 11 of the General Conditions of Sale, the Seller offers a Premium service allowing, in particular, to download certain elements of content.

If it turns out that these files are defective, the Customer has the option of downloading the content again once again provided that he has expressly requested it and has justified this. defect or non-compliance with the Seller, before the end of the service, by means of an e-mail sent to the address contact@coachline.co.

The Seller however has the option of refusing this new download if it turns out, after verification, that the file in question is not defective and corresponds to the Customer’s order.

The stipulations of this article do not prevent the Customer from benefiting from the legal guarantees recalled in article 13.1 above.

13.3 Exclusions from the commercial guarantee

Excluded from the Seller’s commercial warranty are faults and damage caused by an external accident (faulty maintenance, abnormal use, etc.), or by a modification not provided for by the Seller.

13.4 After-sales service

Claims made under guarantees must be sent by e-mail to the after-sales service, the details of which are as follows:

Article 14 – Responsibilities

14.1 Disclaimer

The Customer is solely responsible for the choice of services, their conservation and their use.

The responsibility of the Seller cannot be engaged in the event of non-performance or poor performance of the contract due, either to the fact of the Customer, or to the insurmountable and unpredictable fact of a third party to the contract, or to force majeure.

The Vendor’s responsibility cannot be engaged for non-compliance of the service with the legislation of the Customer’s country, to which it is up to check whether the service is not prohibited for sale in his country.

The photographs and illustrations accompanying the services on Coachline have no contractual value and therefore cannot engage the responsibility of the Seller.

The responsibility of the Seller will never be engaged if unwanted data are imported and installed on his site without his knowledge, or if, conversely, the data transmitted by the Customer to manage his order are false or have been diverted to be used illegally by third parties.

The seller’s responsibility will also never be engaged due to technical problems independent of its service, such as: communication problems due to the Internet access provider of the Customer (slowness or interruption always possible), constraints and limits of the Internet network, in particular in terms of data transmission of information via networks and data breaches. For technical reasons, including maintenance or network failure, a temporary interruption of services is possible.

The Vendor’s responsibility will never be engaged in the event of indirect damage suffered by the Client as a result of the use of the Seller’s services, including (non-exhaustive mention) loss of data, loss of machine time, loss of use of any hardware or software, operating loss, loss of profit, or even shortfall.

14.2 Security fault

In the event of damage caused by a security defect, the Customer must seek the responsibility of the manufacturer identifiable from the information mentioned on the packaging.

14.3 Criminal clause

In all cases of non-performance of its obligations by the Purchaser, the deposit paid on the order remains with the Seller as compensation.

Article 15 – Cancellation clause

The resolution of the order in the cases provided for in the General Conditions of Sale will be pronounced by registered letter with request for acknowledgment of receipt or by email and will be automatically acquired without legal formality.

Article 16 – Intellectual property

16.1 “Coachline” is a trademark registered at the National Institute of Industrial Property (I.N.P.I) under the number: 03 3 214 983 and at EUIPO under the number 609966.

The content of Coachline is the property of the Seller and its partners. As such it is strictly reserved under copyright law as well as intellectual property by their owners and for the whole world.

Consequently, any unauthorized reproduction, imitation or total or partial representation of these brands, logos, distinctive signs and content constitutes a violation of copyright, liable to civil and criminal proceedings.

16.2 All files, digital books and videos to download are strictly reserved under copyright and intellectual property by their owners and for the whole world. As such and in accordance with the provisions of the Intellectual Property Code, only use for private use subject to different or even more restrictive provisions of the Intellectual Property Code is authorized.

Any reproduction, imitation, or total or partial representation of these files, for purposes other than their use for their intended purpose is strictly prohibited and will be considered as a violation of copyright liable to civil and criminal prosecution. Any resale, exchange, rental of files or transfer to a third party is strictly prohibited.

The Customer expressly undertakes to keep the download link sent to him by the seller confidential and not to communicate it in any form whatsoever to a third party.

The Client who wishes to reproduce all or part of Coachline content must therefore imperatively ensure beforehand that it is subject to the Creative Commons CC BY-NC-SA 4.0 license.

Article 17 – Personal data

In accordance with Law No. 78-17 of January 6, 1978, known as the “Data Protection Act”, it is reminded that information and data concerning the Customer are necessary for the management of his order and for the commercial relations uniting him with Seller. They can be transmitted to companies that contribute to these relationships such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.

The processing of information communicated via the Seller’s site has been declared to the CNIL under the number: 1469651.

In accordance with the national and European regulations in force, the Customer has a right of permanent access, modification, rectification and opposition to personal data concerning him.

To do this, simply send a postal mail to the following address:

Coachline

12 rue Godot de Mauroy

75009 Paris

In accordance with the regulations in force, this request must be signed and accompanied by a photocopy of an identity document bearing the signature of the Client and specify the address to which the response must be sent, which will be sent within 2 months following receipt of the request.

OVH’s commitments as a subcontractor
As a subcontractor, OVH undertakes in particular to implement the following actions:

process personal data for the sole purpose of the proper performance of the services: OVH will never process your information for other purposes (marketing, etc.).
do not transfer your data outside the EU or outside countries recognized by the European Commission as having a sufficient level of protection: provided that you do not select a datacenter in a geographical area outside the EU.
inform of any use of subcontractors who could process your personal data: to date, no service involving access to the content stored by you as part of the services is subcontracted outside the OVH group.
to implement high security standards in order to provide a high level of security to our services.
notify as soon as possible in the event of a data breach.
assist in meeting your regulatory obligations by providing you with adequate documentation of our services.

Article 18 – Applicable law and language

This contract and the General Conditions of Sale governing it are subject to French law.

It is written in French. In the event that it is translated into one or more languages, only the French text will prevail in the event of a dispute.

Article 19 – Mediation

In the event of a dispute and prior to referral to a court, the Customer has the option of having recourse to the mediation of a person chosen by mutual agreement with the Seller, with a view to reaching an amicable solution.

Article 20 – Territorial jurisdiction

In the event of a dispute with a non-commercial Customer relating to the order form and these General Conditions of Sale, the competent court may be that of the place of the defendant’s domicile, that of the place of actual delivery of the goods or that of the place of execution of the service.

In the event of a dispute with a merchant customer relating to the order form and these General Conditions of Sale, the competent courts will be the Courts of Paris.

Article 21 – Pre-contractual information

The Customer acknowledges having been informed, prior to the conclusion of the contract, in a clear and understandable manner, of the General Conditions of Sale and of all the information and information referred to in article L 111-1 and 111-2 of the Code of consumption, and in particular:

the main characteristics of the services offered, to the extent appropriate to the communication medium used and the services concerned;
the professional’s identity (business name, geographic address of the establishment and telephone number);
the total price of the services all taxes or and, if applicable, any additional costs or, when these costs cannot reasonably be calculated in advance, a statement that these costs may be due;
where applicable, the terms of payment, execution, the date on which the Seller undertakes to deliver the service and the terms provided for the processing of complaints;
the reminder of the legal guarantee of product conformity, the existence of an after-sales service and commercial guarantees, if any, as well as the conditions relating thereto;
the duration of the contract, if applicable, or, if it is a contract of indefinite duration or with automatic renewal, the conditions for termination of the contract.

Annex 1

Texts of legal guarantees

Article L 211-4 Consumer Code

The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility.

Note: Ordinance 2005-136 2005-02-17 art. 5: The provisions of this order apply to contracts concluded after its entry into force.

Article L 211-5 Consumer Code

To comply with the contract, the product must:

1 °) Be suitable for the use usually expected of a similar good and, if applicable:

correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model;
present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2 °) Or have the characteristics defined by mutual agreement by the parties or be suitable for any special purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Note: Ordinance 2005-136 2005-02-17 art. 5: The provisions of this order apply to contracts concluded after its entry into force.

Article L 211-12 Consumer Code

The action resulting from the lack of conformity lapses two years after delivery of the goods.

Note: Ordinance 2005-136 2005-02-17 art. 5: The provisions of this order apply to contracts concluded after its entry into force.

Article 1641 Civil Code

The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which reduces such use so much, that the buyer would not have acquired it, or would have given a lesser price, if he had known them.

Article 1648 paragraph 1 Civil Code

The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.

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