General terms and conditions for the sale of online services
Preamble
The present general conditions of sale apply to all the services concluded on the Planet Nomad® website.
The Planet Nomad® website is a service of :
– the company PlanetNomad OU
– located at : Sepapaja tn 6, Tallinn, Estonia
– URL of the site: https://www.planet-nomad.com
– email address:
The customer declares to have taken knowledge and to have accepted the general conditions of sale before the placing of the order. The validation of the order is thus worth acceptance of the general conditions of sale.
Article 1 – Content and scope of application
The present general terms and conditions of sale apply by right to the following services: Online courses.
They apply to the exclusion of all other conditions, and in particular those applicable to sales on the Internet or through other distribution and marketing channels.
The sale is concluded on the date of acceptance of the order or immediate purchase by the seller.
Any order or immediate purchase implies unreserved adherence to the present general conditions of sale which prevail over all other conditions, except those expressly accepted by the seller.
The buyer declares to have read the present general conditions of sale and to have accepted them before his immediate purchase or the placing of his order.
Article 2 – Pre-contractual information
Prior to the immediate purchase or the placing of the order and the conclusion of the contract, these general terms and conditions of sale are communicated to the buyer, who acknowledges having received them.
The following information is provided to the buyer in a clear and comprehensible manner:
– essential characteristics of the service;
– the price of the service or the method of calculating the price and, if applicable, any additional charges for transportation, delivery or postage and any other charges;
– the date or time by which the provider commits to perform the service, regardless of price and any other contractual terms;
– information on the identity of the provider, its postal, telephone and electronic contact details, and its activities;
– the procedures for handling complaints;
– the duration of the contract, when it is concluded for a fixed term, or the conditions of its termination in the case of an open-ended contract;
– With respect to Digital Content, any relevant interoperability of such content with certain hardware or software of which the Professional has or reasonably should have knowledge.
The service provider must also provide or make available to the buyer the following information:
– status and legal form, contact information to quickly get in touch and communicate directly with him;
– if applicable, the registration number in the trade and company register or in the trade directory;
– for activities subject to an authorization system, the name and address of the authority that issued the authorization;
– for the service provider subject to value added tax and identified by an individual number in application of article 286 ter of the General Tax Code, its individual identification number;
– for a provider who is a member of a regulated profession, his professional title, the EU Member State in which it was granted and the name of the professional order or body with which he is registered;
– Any financial guarantee or professional liability insurance taken out by him/her, the contact details of the insurer or guarantor and the geographical coverage of the contract or commitment.
Article 3 – Order
By order, it is meant any order relating to the services listed in the seller’s price list and accepted by him, accompanied by the payment of the deposit possibly provided for on the order form.
Any order, to be valid, must be established on the order forms of the salesman, at the disposal of the customers in its stores.
Any order received by the seller is considered firm and final.
It implies full acceptance of the present general conditions of sale and the obligation to pay for the products ordered.
The buyer has a right of withdrawal of 14 days from the conclusion of the contract, except exception provided by Article L.211-28 of the Consumer Code.
Article 4 – Quotes
For the services giving place to the establishment of a preliminary estimate, the sale will be regarded as final only after establishment of an estimate by the provider and sending to the purchaser of the confirmation of the acceptance of the order.
The estimates established by the provider are valid for 15 days.
Article 5 – Performance of the service and termination of the contract
Except for special conditions specific to the sale, the execution of the service will be carried out within 7 working days from the receipt by the seller of an order in due form.
In the event of failure of the salesman to his obligation of execution at the date or at the expiration of the time envisaged above, or, failing that, at the latest 30 days after the conclusion of the contract, the purchaser can cancel the contract, under the conditions of articles L. 216-2 and L. 216-3 and L. 216-4 of the Code of consumption, by registered letter with request for acknowledgement of delivery or by a writing on another durable support, if, after having enjoined, according to the same methods, the professional to provide the service within a reasonable additional time, this last one did not carry out in this time.
The contract shall be deemed to be terminated upon receipt by the trader of the letter or writing informing him of such termination, unless the trader has performed in the meantime.
Nevertheless, the buyer may immediately rescind the contract where the trader refuses to provide the service or where he does not perform his obligation to provide the service on the date provided for, if that date or time limit constitutes an essential condition of the contract for the buyer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request by the consumer before the conclusion of the contract.
The costs and risks associated with this operation are the sole responsibility of the provider.
Except in cases of force majeure, the deposit paid at the time of order is acquired by right and can not give rise to any refund.
Article 6 – Withdrawal period and refund
The buyer has a right of withdrawal of 14 days from the conclusion of the contract.
The trader must reimburse the buyer for the totality of the sums paid, at the latest within 14 days from the date on which he is informed of the buyer’s decision to withdraw (C. cons., art. L. 221-24), unless there is a justified delay.
In accordance with Article L. 242-4 of the Consumer Code, when the professional has not reimbursed the sums paid by the buyer, the sums due are automatically increased:
– of the legal interest rate if the refund is made no later than 10 days after the expiration of the 14-day period stated above,
– 5% if the delay is between 10 and 20 days,
– 10% if the delay is between 20 and 30 days,
– 20% if the delay is between 30 and 60 days,
– by 50% between 60 and 90 days,
– And five additional points for each new month of delay up to the price of the product, then the legal interest rate.
Cancellation of the order after the withdrawal period
After the 14-day withdrawal period, in the event of cancellation of the order by the buyer, after acceptance by the seller, for any reason whatsoever except force majeure, a sum corresponding to 100% of the amount of the purchase will be acquired by the seller, as damages, in reparation for the loss thus suffered.
Article 7 – Prices
The prices are firm and definitive. Except for special conditions specific to the sale, the prices of the services provided are those appearing in the price catalog on the day of the order.
They are expressed in legal currency and stipulated inclusive of all taxes.
Article 8 – Payment
Except for other terms expressly provided for in the special conditions, the payment of the price must be made in cash at the time of ordering. No order can be taken into account in the absence of a complete payment at this date.
The payments made by the purchaser will be considered as final only after effective collection of the sums due by the provider.
An invoice will be given to the buyer on request.
Article 9 – Guarantees – General
9-1 Legal warranty of conformity
PlanetNomad OU is guarantor of the conformity of the sold good to the contract, allowing the purchaser to formulate a request under the legal guarantee of conformity envisaged in articles L. 217-4 and following of the Code of the consumption.
In case of implementation of the legal guarantee of conformity, it is recalled that :
– the buyer has a period of 2 years from the delivery of the goods to act;
– The buyer may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
– The buyer does not have to prove the non-conformity of the goods during the 24 months in case of new goods (6 months in case of second-hand goods), following the delivery of the goods.
9-2 Legal guarantee against hidden defects
In accordance with the articles 1641 and following of the Civil code, PlanetNomad OU is guarantor of the hidden defects which can affect the sold good. It will be up to the buyer to prove that the defects existed at the time of the sale of the good and are of such a nature as to make the good unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect.
The buyer can choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.
Article 10 – Intellectual Property
All the technical documents, products, drawings, photographs given to the purchasers remain the exclusive property of PlanetNomad OU, only holder of the intellectual property rights on these documents and must be returned to him at his request.
The purchaser-customers undertake not to make any use of these documents that might infringe the supplier’s industrial or intellectual property rights and undertake not to disclose them to any third party.
Article 11 – Jurisdiction
All disputes to which the operations of purchase and sale concluded in application of the present general conditions of sale could give place, concerning so much their validity, their interpretation, their execution, their cancellation, their consequences and their consequences, and which could not have been solved with the friendly one between the salesman and the customer, will be subjected to the courts of competent jurisdiction under the conditions of common law.
For the definition of the place of jurisdiction, the seller has the address Sepapaja tn 6, Tallinn, Estonia.
Article 12 – Language of the contract
The present 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 be deemed authentic in the event of a dispute.
Article 13 – Mediation and Dispute Resolution
The buyer may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In the event of a dispute, the contact details of the mediator to whom the purchaser may apply are as follows Renato Franca,
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
Article 14 – Applicable Law
The present general conditions are subject to the application of French law.
This is the case for the rules of substance as well as for the rules of form. In case of dispute or claim, the buyer will address in priority to the seller to obtain an amicable solution.
Article 15 – Protection of personal data
Data collected:
The personal data that are collected on this site are the following:
– account opening: when the user’s account is created, the user’s name, first name, e-mail address;
– connection: when the user connects to the website, it records, in particular, his name, first name, connection data, usage data, location data and payment data;
– profile: the use of the services provided on the website allows you to fill in a profile, which may include an address and a telephone number;
– payment: in the context of the payment of products and services offered on the website, the website records financial data relating to the user’s bank account or credit card;
– communication: when the website is used to communicate with other members, data concerning the user’s communications is temporarily stored;
– Cookies: cookies are used in the context of the use of the site. The user has the possibility to deactivate the cookies from the parameters of his browser.
Use of personal data
The personal data collected from users is used to provide and improve the website services and to maintain a secure environment. Specifically, the uses are as follows:
– access and use of the website by the user;
– management of the operation and optimization of the website;
– organization of the conditions of use of the Payment Services ;
– verification, identification and authentication of the data transmitted by the user;
– offer the user the possibility to communicate with other users of the website;
– implementation of a user assistance ;
– personalization of services by displaying ads based on the user’s browsing history, according to his preferences;
– fraud prevention and detection, malicious software and security incident management;
– management of possible disputes with users;
– Sending commercial and advertising information, according to the user’s preferences.
Sharing personal data with third parties
Personal data may be shared with third party companies in the following cases:
– when the user uses the payment services, for the implementation of these services, the website is in relation with third party banking and financial companies with which it has contracted;
– when the user publishes, in the free comment areas of the website, information accessible to the public;
– when the user authorizes a third party’s website to access his/her data;
– When the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user’s data in order to perform these services and are contractually obliged to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
– if required by law, the website may transmit data to pursue claims against the website and to comply with administrative and judicial proceedings;
– If the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share some or all of its assets, including personal data. In such a case, users will be notified before any personal data is transferred to a third party.
Security and privacy
The website implements organizational, technical, software and physical digital security measures to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information over the internet.
Implementation of user rights
In accordance with the regulations applicable to personal data, users have the rights mentioned below, which they may exercise by making their request to the following address
- The right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user’s identity in order to verify its accuracy.
- The right of rectification: if the personal data held by the website are inaccurate, they can request the update of the information.
- The right to deletion of data: users may request the deletion of their personal data, in accordance with applicable data protection laws.
- The right to limitation of processing: users may request the website to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.
- The right to object to the processing of data: users may object to their data being processed in accordance with the assumptions set out in the RGPD.
- The right to portability: they can demand that the website gives them the personal data provided to it in order to transmit it to a new website.
Evolution of this clause
The website reserves the right to make changes to this privacy policy at any time. If a change is made to this data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by e-mail at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he/she has the possibility to delete his/her account.
Appendix
Withdrawal form
(to be completed by the client and sent by registered letter with acknowledgement of receipt, within a maximum of 14 days from the date of conclusion of the service contract).
To PlanetNomad OU, Sepapaja tn 6, Tallinn, Estonia –
I hereby notify you of my withdrawal from the contract for the service ordered on :
Your Name:
Your first name :
Your E-mail :
Date:
Signature: