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GENERAL TERMS AND CONDITIONS OF SALE
01/01/2022

 
Preamble
These general terms and conditions of sale (hereinafter the "GTC") apply between the company TROISIEME CULTURE,"auto-entreprise", whose head office is located at 27 allée du 6 juin 1944, 91410 Roinville, France, registered at the Registre du Commerce et des Sociétés of Evry under the number 853 498 012. Intracommunity VAT number : FR83853498012.

Article 1. Définitions

•"Subscription": means the monthly subscription without commitment offered by TROISIEME CULTURE to the Customer.

•"Customer(s); you" means the natural person contracting a Subscription with the Company. Customers are only individuals and are limited to the family (parents and children). Professionals, associations, institutions ... must sign other GTCs.

•"Order": means any subscription and payment for a Subscription made by the Customer on the Site.

•"Customer Account" : means the personal space created by the Customer prior to placing an Order.

•"General Terms and Conditions of Sale; GTC": means the general terms and conditions of sale and use applicable to the contractual relationship between the Company and its Customers, for the supply of the Product, which include these terms and conditions and any element of the Site to which they may refer.

•"Partner(s)": means any third party to the Company to which reference may be made in connection with the Product.

•"Product" : means a set of online videos offered on the Site by the Company to the Customer.

•"Site(s)" : refers to websites accessible through the URL links www.cestquoilafrance.com and www.cestquoilafrance.fr published by the Company TROISIEME CULTURE to sell its Product.

•"Company; we": means the Company TROISIEME CULTURE, ("Company", "we" and "our"),"auto-entreprise", whose head office is located at 27 allée du 6 juin 1944, 91410 Roinville, France, registered at the Registre du Commerce et des Sociétés of Evry under the number 853 498 012. Intracommunity VAT number : FR83853498012.

Article 2. Acceptance of the GTCs.

The purpose of the GTCs is to govern the terms and conditions of purchase of the Company's Product for Customers, including the terms and conditions of use of the Sites www.cestquoilafrance.com and www.cestquoilafrance.fr provided by the Company.
The GTCs are accessible at any time on the Site.The online version will prevail over any other version. These GTCs take effect from the date of their update indicated at the head of the present.
Acceptance of the GTCs is made at the time of the creation of the Customer Account. By creating a Customer Account on the website www.cestquoilafrance.com and www.cestquoilafrance.fr,Customers declare to adhere unreservedly to the GTCs. The GTCs constitute the entirety of the rights and obligations of the parties within the framework of their contractual relations, unless the Customer accepts separate or additional special conditions.No specific condition, at the Customer's initiative, may be added to and/or replace the present general conditions.

By accepting the GTCs, the Customer warrants that he/she is capable of contracting under French law or declares that he/she is validly represented by the person for whom he/she is contracting. By accepting the Order, the Customer acknowledges that, prior to placing the Order, he/she has received sufficient information and advice from the Company on the Web site, enabling him/her to ensure that the content of the Order meets his/her needs.

The Customer undertakes to contract a Subscription for personal use (within the family circle of parents and children) only and declares that he/she will not resell, distribute or rent to third parties the Product received as part of the Subscription. This excludes professionals, associations, schools, institutions, etc., which must conclude a specific contract. Consequently, TROISIEME CULTURE reserves the right to ask the Customer for any information that would allow it to verify the Customer's status as a consumer and not to follow up on Orders that would not be limited to personal and family purposes or to suspend the Customer's Account that does not comply with the GTCs. The Customer who would not respect this commitment exposes himself to pursuits.

The Customer must be over 18 years old and have the capacity to contract.
Accordingly, by placing an Order for the Product on the Site, the Customer represents and warrants that he/she is at least 18 (eighteen) years of age at the time of placing the Order and that he/she is ordering the Product exclusively for his/her own personal use and undertakes not to market, resell or distribute the Product in any manner whatsoever to any person, including free of charge.


The company TROISIEME CULTURE reserves the right to modify certain elements of these GTCs at any time, under the conditions provided for by law. The modifications of the GTCs are opposable to the Customers who have adhered to them by creating an account and/or by placing an Order. In case of modification of the present, the applicable version is the one in force on the Site at the time of the Order placed by the Customer. Customer may request a copy of the GTCs applicable to its Order at any time.

Article 3. Characteristics of the Product

The Product is a set of French-language videos targeting primarily French-speaking children from 6 to 12 years old, on French culture. When subscribing to a Subscription (subject to the acceptance of its payment by the bank), the first video is immediately available on the Customer Account in "My videos". Then, once a week (Saturday or Sunday depending on the country of the Customer), a new video is made available in "My videos" after connection to the site.

The Company delivers the videos successively, once a week, according to the program planned until the suspension of the Subscription. Once delivered, any video remains accessible to the Customer on his Customer Account for the duration of the Subscription and up to 1 year after the suspension of the Subscription.

Videos are provided in their current version at the date of delivery. The Company reserves the right to change the content of the videos without notice.


In the event of non-conformity or malfunction of access to the Product, the Customer must notify us of the problem in writing to the email address contact@cestquoilafrance.com, no later than the seventh business day following the initial payment for the Subscription. The Company will do its best to resolve the problem but if this is not possible, the Company will refund the Customer and suspend the Customer Account.
After this period, if it is impossible to suspend the Customer Account as mentioned in article 7, the Customer may send a request to the email address contact@cestquoilafrance.com for a suspension of the Subscription on the anniversary date following the request.

Article 4. Subscription

All Orders must be placed on the Site. No dispute must exist between TROISIEME CULTURE and the Customer at the time of the Order. In this case, the Order will not be accepted by TROISIEME CULTURE.
The procedure for subscribing to a Subscription includes the following steps:

Step 1: Create a Customer Account

•Click on the "I subscribe" button.

•Creation of a customer account. The Customer must have a Customer Account in order to finalize the Order. The Customer guarantees to provide accurate and complete information, in particular as regards the authenticity of his/her identity. The Customer shall ensure that this information is updated in the event of any subsequent changes. The Customer must also fill in all the identification information of the child(ren) to whom the Product is addressed: first name, date of birth, mother tongue and email (not mandatory). Once all the information has been filled in, and the Customer has read and accepted the GTCs, the Customer must click on "Validate" to continue the Order process.

Step 2: Verification of the customer's email

•A "confirmation email" is sent to the Customer's email address. The Customer must click on "I validate my email" to continue the Order process. If you do not receive the "email confirmation" email, it is because there is an error in the customer account creation form. Please send us a message on contact@cestquoilafrance.fr

Step 3: Payment of the Subscription

• The Customer connects with his email and password to his Customer Account.

• The customer chooses the currency with which he/she wishes to pay for the Subscription, and is redirected to the payment page of the Partner "Stripe". Payment is made by credit cards as supported by the Partner.

• The customer must click on the "Subscribe" button. By subscribing to this offer, the Customer subscribes to the monthly Subscription service, with tacit renewal for successive one-month periods. The Customer will be charged a first time when placing the initial Order. From then on, unless the Subscription is suspended under the conditions set forth in Article 7, the Customer will be debited the amount specified in the initial Order, automatically each month on the anniversary date of the first Order.

By providing his/her banking information at the time of the Order, the Client authorizes the Company to debit his/her credit card for the amount of the price indicated. By providing his/her banking information, the Customer warrants that he/she is of legal age, that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. The Customer uses the Partner's direct debit method: Stripe (https://stripe.com/fr/payments/payment-methods-guide#cartes) which is a secure service provided by a third party to the Company, subject to its own contractual conditions over which the Company has no control (https://stripe.com/payment-terms/legal).

The Company reserves the right to use the Payment Partner of its choice and to change it at any time. In the event of an error or inability to debit the card, the sale shall be immediately cancelled by operation of law and the Order cancelled. The Company may contact the Client to request additional documents in order to execute the payment of the Order. The Company may rely on the information provided by the Order analysis system. The supply of the requested documents is necessary for the Company to issue the Order. In order to combat credit card fraud, the Company's customer service department may perform a visual verification of the means of payment. In case of fraudulent use of his bank card, the Customer is invited, as soon as he notices this use, to contact us, without prejudice to the steps to be taken by the Customer with his bank.

In case of rejection of payment by credit card, the Subscription will be suspended. You will be informed by email of the rejection of the said payment and consequently of the suspension of your Subscription. We therefore invite you to regularize your situation as soon as possible. If within 10 calendar days of being informed of the rejection of the payment no action has been taken on your part to rectify your situation, we will proceed with the termination of your Subscription after having informed you by email. From then on, in order to be able to take advantage of your Subscription again, you must reactivate your Subscription within 6 months, by going to "My account", "Reactivate my subscription".

Step 4: Payment Confirmation

• The customer is redirected to the payment confirmation page. The customer will receive an email confirming his registration.

• The customer will receive an email confirming his registration. The contract between the customer and TROISIEME CULTURE will only be concluded when the customer receives a payment confirmation email from TROISIEME CULTURE.

• The first video is available in "My videos".

Article 5. Price of the product on sale on the site

The price of the Subscription appearing on the Site is indicated in euros. The Customer can then choose the currency he/she wishes from a list. The price of the Product is indicated inclusive of all taxes, it being specified that the Product ordered is invoiced at the price in effect at the time the Order is registered.

The price of the Product offered on the Site may be modified by TROISIEME CULTURE at any time and the modification will then be expressly indicated to the Customer before any new Order. The applicable prices are those in effect at the time of the Customer's Order, and the Customer may not invoke any other prices prior or subsequent to the Order.

The Company reserves the right to propose time-limited introductory offers, promotional offers or price reductions on its Product. Coupons may be subject to special conditions, and are in any case strictly personal to their beneficiary and usable only once.

Article 6. Right of withdrawal

In accordance with the law, the right of withdrawal does not apply to digital content provided on an intangible medium (videos) and Subscription contract for these services whose execution has begun with the agreement of the Customer and for which the Customer has waived his right of withdrawal.

Article 7. Suspension of the Subscription

•From the customer
The Customer can suspend at any time his Monthly Subscription without commitment with monthly debit, by going to his Customer Account available on the Site, by clicking on "My account", "Suspend my Subscription".
Suspension will be effective on the anniversary date of the Subscription. Any month started is due. The Subscription will terminate at the end of the current payment period.
The customer can therefore still receive videos until the anniversary date of the Subscription before suspension.
The suspension of your Subscription will result in the cessation of the availability of new videos in " My videos ", but the Customer Account will not be deactivated. The Customer remains a member of the Site and continues to access "My Videos" to see the videos already received for 1 year. If the Customer re-subscribes within 1 year, he will receive new videos.

•From the company
The company suspends the Monthly Subscription with no commitment and monthly payment during the months of July and August. The suspension of your Subscription results in the cessation of the availability of new videos in videos in "My Videos", but the Customer Account is not deactivated. The Customer remains a member of the Site and continues to access " My videos " to see the videos already received.the debits will resume in September on the anniversary date of the first debit. The new video will be available on the Saturday following the resumption of the collection in " My videos ".
It is expressly agreed that TROISIEME CULTURE reserves the right to suspend any Subscription taken out by the Customer, depending on the seriousness of the actions in question, in the event of non-compliance by the Customer with the obligations entered into under the terms of the Contract, and in particular any incident of payment of the price of an Order and/or the provision of false information when creating a Customer Account.

Article 8. Reactivation of the Subscription

The Customer may reactivate his Subscription within one year of its suspension by going to his Customer Account available on the Site, clicking on "My account", "Reactivate my Subscription".

The Customer will then have to check the elements registered on his Customer Account, and proceed to the payment as indicated in step 3 of Article 4.

Article 9. Deletion of the customer account

The customer may request the deletion of his customer account by contacting TROISIEME CULTURE and providing proof of his identity:
• by mail to the following address : Troisième Culture, 27 allée du 6 juin 1944, 91410 Roinville
• via the email address : contact@cestquoilafrance.com

TROISIEMECULTURE may terminate the Customer Account for failure to comply with the obligations under the Agreement, for failure to pay the price of an Order, for providing false information when creating the Customer Account, without any claim for damages or compensation of any kind against TROISIEMECULTURE. The Company reserves the right to refuse any Order from a Customer with whom there is such a dispute, even if the Customer uses a new Customer Account.

The Company will delete any Client Account that has been suspended for 1 year. The Client will no longer have access to his Client Account and to " My Videos ".

Article 10. Customer service and complaints

For any information or question, the FAQ is available on the Site. For any specific question, the customer service is accessible via contact@cestquoilafrance.com.
In the event of a dispute, the Customer shall first contact the Company to try to find an amicable solution. In the event of difficulties in the application of this contract, the Customer also has the possibility, before any legal action, of requesting recourse to a consumer mediator, which you can identify on the Site https://www.economie.gouv.fr/mediation-conso.
The mediator will attempt, in complete independence and impartiality, to bring the parties together in order to reach an amicable solution. The parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
In this context, any European consumer can also refer to the Online Dispute Resolution Platform accessibles from the following URL address : https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Article 11. Intellectual property

The Company or its Partners are the owners of all intellectual property rights relating to the Sites, content, texts, images, graphics, logos, icons, sounds, software constituting the tools and media of the videos delivered, which belong to them or hold the related usage rights. Access to the Sites does not confer any right to the Client on the intellectual property rights relating to the Sites and Product, which remain the exclusive property of the Company or its Partners.

The Customer may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, in any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of the Sites and Product without the prior written authorization of the Company or its Partners. Any exploitation not previously authorized by the Company or its Partners, in any capacity whatsoever, of all or part of the Sites and Product may be the subject of any appropriate action, including an action for infringement.
All purchases are strictly personal and the contents may not be made available to third parties, either free of charge or for a fee. All the distinctive signs by the Company are protected by law and any unauthorized use by the Company may result in prosecution.
The Customer declares to be perfectly informed that in case of false declaration on his quality of professional or consumer Customer, and/or of use, reproduction or diffusion, in some manner that it is and at some end that it is, of the Product proposed on the Site www.cestquoilafrance.com and www.cestquoilafrance.fr, the non-observance of this clause will be analyzed like a serious fault of the Customer carrying damage to the Company which reserves the possibility, in this case, of cancelling the contract to the fault of the Customer

Article 12. Personal data

L’utilisation du Site et la passation d’une Commande dans les conditions décrites aux CGV entrainent le traitement par TROISIEME CULTURE et, le cas échéant ses Partenaires, des données personnelles du Client.

The modalities of this treatment are detailed in the Privacy Policy, which is an integral part of the GTCs.

Article 13. Access to the Site

The Site is accessible free of charge to any person with Internet access. All costs related to accessing the Site, whether hardware, software or Internet access costs, are the sole responsibility of the Customer. The Site uses JavaScript, PHP and Mysql technologies, and it cannot be held responsible for any material damage related to the use of the Site. Moreover, the Customer of the Site commits himself to access the Site using a recent hardware, free of viruses and with a last generation browser updated. The Customer is solely responsible for the proper functioning of his computer equipment and his access to the Internet.
The Client shall provide the Company with the information required to supply the Product at the time of the Order and shall be solely responsible for ensuring that this information is accurate (surname, first name, e-mail address, etc.). The Client guarantees the Company against any false identity and shall not hold the Company liable for any failure resulting from the inaccuracy of the information provided by the Client.
As the Product consists of a Subscription, delivery is defined as the availability of the first video of the relevant Subscription.

It is essential to provide the Company with a valid e-mail address when placing the Order and subsequently. The Customer is invited to contact the Company if he/she cannot connect. The email and password are strictly personal, individual, confidential, non-transferable. The Customer shall be liable for any unauthorized, fraudulent or abusive use of its access codes and rights. The Client shall inform the Company without delay of the loss or theft of the access keys. In case of violation of access rights, the Company reserves the right to suspend the Site, without compensation, notice or prior information.
The Site may be subject to maintenance operations. To this end, the Company reserves the right to interrupt, temporarily suspend or modify without notice, access to all or part of the Site, in order to ensure its maintenance (in particular through updates), or for any other reason, without the interruption giving rise to any obligation or compensation.

The Company uses all reasonable means at its disposal to ensure continuous and quality access to the Site, but is under no obligation to do so. In particular, the Company cannot be held responsible for any malfunction of the network or servers or any other event beyond reasonable control, which would prevent access to the Site.
The Customer may access, through the hypertext links present on the Site, the sites of Partners or third parties, which are not governed by these GTC. The Customer is, therefore, invited to examine the general terms of use or sales, as well as the privacy policies or any other legal information, applicable on these sites. The Customer is informed that the Product may require access to other sites or platforms, designed and managed under the responsibility of third parties. The Company has no control over the content of these sites and declines all responsibility for their content and the use made by any third party of the information contained therein.

The following are considered to be cases of force majeure or fortuitous event, in addition to those usually recognized by the jurisprudence of the French courts and tribunals and without this list being restrictive: strikes or labor disputes internal or external to the Company, natural disasters, fires, interruption of telecommunications, interruption of energy supply, interruption of communications or transportation of any kind, or any other circumstance beyond the reasonable control of the Company.
In the event of the inability to work of the expert(s) in charge of the Product, within the Company, due to illness or accident, the Company reserves the right to suspend the Site, the Subscription and the monthly payment of the Subscription.

Article 15. Customer References and Communication

The Client agrees to be cited by the Company as a beneficiary of the Product when leaving a review or any other form of testimonial on the Product provided, and authorizes the Company to exploit the contents of such reviews and testimonials for the promotion of its activities and the above-mentioned uses, for commercial purposes. Reviews and testimonials may be made spontaneously or at the request of the Company, including in the form of comments or publications about the Company (for example, on its social networks, with a pseudonym and profile picture). In these cases, the Company is authorized to mention the name and surname of the Client, the opinion he/she gave to the Company on the Product as well as an objective description of the nature of the Product supplied to him/her, in its reference lists and proposals to the attention of its prospects and customers, in particular on the Site, its social networks, interviews with third parties, communications to its staff, as well as in the event of legal, regulatory or accounting provisions requiring it.
The contents of the reviews and testimonials may be protected by image rights and/or copyright, and in this case, the Client grants the Company the right to take screenshots, adapt them (in form) and reproduce them on any medium, for the aforementioned purposes and media. For example, the Company may use a photo sent to it by the Client, or take screenshots of publications on social networks concerning the Company or the Product enjoyed by the Client, and reproduce them on the Site and its social networks as a notice.
The Company reserves the right to anonymize the Client in order to use a photo or video in which he appears.

Article 16. Applicable law

The GTCs and all the purchase and sale operations referred to therein are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
The nullity of a contractual clause does not entail the nullity of the GTCs. The temporary or permanent non-application of one or more clauses of the GTCs by the Company shall not constitute a waiver on its part of the other clauses of the GTCs, which shall continue to have effect.


Last update : 01/01/2022
For any question, you can contact the company TROISIEME CULTURE by email at contact@cestquoilafrance.com

 
 
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