General Terms and Conditions of Sale of the MUSICAMPUS websites
These General Terms and Conditions of Sale were updated in March 2023
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DEFINITIONS
1.1 These General Terms and Conditions of Sale (hereinafter ''GTC'') are offered by MUSICAMPUS SAS (hereinafter ''the Company''), a simplified joint stock company with a capital of 117,500 euros, registered in the Commercial and Trade Register of Besançon under number 885 407 189, whose registered office is MUSICAMPUS SAS, Saline Royale, Grande Rue, 25610, Arc-et-Senans, France.
Its e-mail address is: contact@salineacademy.com and its individual intra-community VAT identification number is the following: FR60885407189.
1.2 The Company is the owner and publisher of the websites (hereinafter ''the Websites'').
1.3 The Websites are hosted by Cloudflare INC, whose registered office is located at 101 TOWNSEND ST 99404 in SAN FRANCISCO (United States) and whose telephone number for the French entity is the following: 07 57 90 52 73.
1.4 The Director of the publication is: Mr HUBERT TASSY, in his capacity as Managing Director of Musicampus SAS.
1.5 The Websites allows you:
- to get information about the Company and its activities;
- to apply for the various academies offered by the Company;
- to subscribe and view streaming masterclasses on the Website, via subscription formulas (hereinafter the "Services") by creating a personal account / by logging into your personal account;
- to contact the Company.
1.6 Access to the Services consists of access by subscription to the Content. The subscription may be monthly or annual.
1.7 The chosen positioning is that of excellence based on technological innovation, on mastery of the craft and on the choice of artists and masters in their discipline.
1.8 Prior to any use of the Websites, the Customer must ensure that they have the technical and computer resources to use the Website and to order the Services on the Website, and that their browser allows secure access to the Website. The Customer must also ensure that the computer configuration of their hardware/equipment is in good condition and does not contain any virus.
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APPLICATION AND ENFORCEABILITY OF THE GTC
2.1 The purpose of these GTC is to define all the conditions under which the Company markets the Services as offered for sale on the Websites to Customers. They therefore apply to any Order (''Order'') for Services placed on the Websites by the Customer.
2.2 The Customer declares that they have read and accepted these GTC before placing the Order.
2.3 Validation of the Order therefore constitutes acceptance of these GTC. These terms and conditions are regularly updated. The applicable terms and conditions are those in force on the Website on the date the Order is placed.
3.CREATING A PERSONAL ACCOUNT
3.1 In order to access the Services on the Websites and to place an Order, the Customer must register on the Websites by creating a personal account. To do so, the Customer shall fill in the following compulsory fields: email, password, last name, first name, instrument played, profile, reason for registration, where they knew us, year(s) of practice
3.2 The Customer undertakes to provide the Websites with valid, sincere, complete and up-to-date information.
3.3 The Customer also undertakes not to infringe the rights of third parties and in particular their personal data and image.
3.4 If the Customer is under the age of eighteen, they undertake to obtain the express consent of their parents or legal representative in order to be able to communicate their personal data, create a personal account and use the Website.
3.5 IDs and passwords are strictly personal. The Customer must inform the Company of any loss of this information without delay and the Company will provide the Customer with a link to change the password. The Company declines all responsibility in the event of loss or misuse of this information.
4.ORDERING SERVICES ON THE WEBSITE
4.1 The Services offered on the Websites are described and presented as accurately as possible.
4.2 The Company reserves the right to correct the content of the Websites at any time.
4.3 The Customer selects the Service(s) they wish to purchase and can access the summary of their Order at any time.
4.4 The Order summary lists the Services that the Customer has selected and includes any additional charges that may be added to the price of the Services in the Order. The Customer may modify their Order and correct any errors before accepting it.
4.5 After accessing the Order summary, the Customer shall confirm acceptance of their Order by ticking the box indicating acceptance of the GTC and then clicking on the Order validation icon. The words ''Order with payment obligation'' or any similar unambiguous wording shall appear next to the Order validation icon to ensure that the Customer explicitly acknowledges their obligation to pay for the Order.
4.6 Once the GTC have been accepted and the Order validated with the obligation to pay, the contract is validly concluded between the Company and the Customer and is irrevocably binding on both parties.
4.7 Once the Order has been validated and in order to proceed with payment, the Customer shall enter the details for which they wish to be invoiced for the Order.
4.8 The Company shall then send the Customer an Order confirmation by e-mail, containing the details of the summary of the Customer's Order and the billing addresses provided.
4.9 After validating the Customer's invoicing details, the Customer shall proceed to pay for the Order in accordance with the terms and conditions set out below.
5.PRICE AND PAYMENT CONDITIONS OF THE ORDER
5.1 The prices are mentioned on the Website in the description of the Services including all taxes. Depending on the country where users are located, subscription prices are quoted in Euros, US Dollars, Canadian Dollars, Pounds Sterling, Japanese Yen and Korean Won.
5.2 The total amount is indicated in the Order summary, before the Customer accepts these GTC, validates their Order, enters and validates their billing details and proceeds with payment. This total amount is indicated including all taxes.
5.3 Orders for Services on the Website are payable in euros.
5.4 For the payment of the Service(s) Order, the Site uses the security systems of Stripe, PayZen and Paypal through Pandadoc or directly on the Site. This system guarantees the Customer the total confidentiality of his banking information. The transaction between the Customer and the secure system is therefore fully encrypted and protected. The Customer’s bank details are not stored electronically by the Company.
5.5 The Customer warrants to the Company that they have the necessary authorizations to use the payment method when placing the Order.
5.6 The Company reserves the right to suspend or cancel the execution of any Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum owed by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Website and the payment of an Order.
5.7 The pedagogical fees charged for participation in the Saline royale Academy include a one-year subscription to the platform and thus to the online masterclasses.
6. USE OF THE SERVICES
6.1 The Services are automatically delivered to the Customer as soon as the Order is validated.
6.2 The Services may be viewed by the Customer for the duration of the subscription without any limitation on the number of viewings.
7. CUSTOMER SERVICE
7.1 For any request for information, clarification or complaint, the Customer must contact, as a matter of priority, the Company's customer service department (the "Customer Service Department"), in order to enable the latter to try to find a solution to the problem.
7.2 The Company's Customer Service can be contacted by:
- Email: contact@salineacademy.com
- Mail: MUSICAMPUS SAS, Saline Royale, Grande Rue, 25610, Arc-et-Senans, France.
8. OBLIGATIONS OF THE CUSTOMER
8.1 The Customer undertakes to comply with the terms of these GTC.
8.2 The Customer undertakes to use the Websites and the Services in accordance with the Company's instructions.
8.3 The Customer agrees that they will only use the Websites for their personal use in accordance with these GTC. In this respect, the Customer agrees to refrain from:
- Use the Websites in any manner that is unlawful, for any purpose that is unlawful, or in any manner that is inconsistent with these Terms and Conditions.
- Sell, copy, reproduce, rent, lease, loan, distribute, transfer or sub-license all or any part of the Content on the Website or decompile, reverse engineer, disassemble, modify, display in human-readable form, attempt to discover any source code or use any software that enables or comprises all or part of the Websites.
- Attempt to gain unauthorised access to the Websites' computer system or to engage in any activity that disrupts, diminishes the quality of, or interferes with the performance or deteriorates the functionality of the Website.
- Misuse the Website by deliberately introducing viruses or any other malicious program and attempt to gain unauthorised access to the Websites.
- Infringe the intellectual property rights of the Company
- To denigrate the Websites
8.4 If, for any reason, the Company considers that the Customer is in breach of these GTC, the Company may at any time, and at its sole discretion, remove the Customer's access to the Websites and take any action including civil and criminal legal action against the Customer.
9. DURATION OF THE SUBSCRIPTION
9.1 The Customer may subscribe to different subscriptions for a period of one month renewable or one year.
9.2 The monthly subscription is tacitly renewed but can be cancelled at any time by the customer in his subscriber area. The current month remains due to the Company.
9.3 For the annual subscription, in accordance with Article L. 215-1 of the French Consumer Code, the Company will inform the Client by email at the earliest three months and at the latest one month before the end of the subscription, of the possibility of not renewing it.
9.4 If the Client does not wish to terminate the subscription, it will be tacitly renewed for a further period of one year.
10. RIGHT OF WITHDRAWAL
10.1 In accordance with Articles L.221-18 and following of the French Consumer Code, the Customer, being a consumer, has a period of 14 (fourteen) days from the date of validation of their Order on the Website to exercise their right of withdrawal from the Company, without having to justify their decision or pay a penalty.
10.2 In order to exercise their right to withdraw from the Order, the Customer must notify their decision to withdraw by means of an unambiguous statement, without giving any reasons. The Customer may communicate their decision to withdraw to the Company by any means, in particular by
10.3 The Customer is provided with a withdrawal form in the GTC, which must be completed. Once completed, the withdrawal form may be sent directly to the Company by post to the address indicated in these GTC.
10.4 In the event that the Customer notifies the Company of their decision to withdraw, by whatever means, the Company will send them an acknowledgement of receipt of the withdrawal without delay on a durable medium (in particular by e-mail).
10.5 The Customer is invited to indicate the reason for withdrawal, in order to help the Company improve its Service(s).
10.6 In the event of the Customer's withdrawal, the Company will reimburse the Service(s) which was (were) the subject of the right of withdrawal by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees to a different means. In any event, this refund will not incur any costs for the Customer. The refund shall be made as soon as possible, and no later than 14 days from the date on which the Company is informed of the Customer's decision to withdraw from the Order
Exclusion of the right of withdrawal:
10.7 In accordance with Article L.221-18-13° of the French Consumer Code, if the Customer who is a consumer wishes the performance of the Services to begin before the end of the fourteen (14) day withdrawal period as mentioned in Article L. 221-18 of the French Consumer Code, they shall be deemed to have waived their right of withdrawal.
10.8 The Customer who has exercised their right of withdrawal when access to the Services has begun, at their express request, before the end of the withdrawal period, shall pay the Company an amount corresponding to the Services provided until the communication of their decision to withdraw; this amount is proportionate to the total price of the agreed Services.
11. INTELLECTUAL PROPERTY RIGHTS ON THE RECORDINGS
11.1 Unless they object to the recording of the Student Customer's performances during the Academy's courses, the Student Customer authorises, by registering with the Saline royale Academy, the fixation and communication to the public on videograms of the courses during which they perform musical works, for the whole world, for the duration recognised by article L.211-4 of the Intellectual Property Code, by making them available to the public on the Website and any partner website, as well as on any online public communication network, in full or in parts; whether for commercial purposes or not.
11.2 This authorisation is given in return for a reduction in the Educational costs.
11.3 The Student Customer also authorises, free of charge, for the whole world and for the duration recognised by article L.211-4 of the Intellectual Property Code, the following non-commercial uses of the videograms: promotion, demonstration, limited edition of videographic supports.
11.4 Finally, the Student Customer authorises, free of charge, the fixation on the videogram of their voice and image for use by or for the Company according to the destinations defined above, for the whole world and for the duration of the personality rights.
12. LIABILITY
12.1 The Company shall take all appropriate measures to ensure that the Customer is provided with quality Services under optimum conditions. However, the Company shall not be held liable for any non-performance or poor performance of all or part of the Services, which is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party outside the contract, or to a case of force majeure. More generally, if the Company's liability were to be incurred, it could not under any circumstances agree to compensate the Customer for indirect damage or damage whose existence and/or quantum would not be established by evidence.
12.2 The Website may contain links to other websites not edited or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these websites.
12.3 The establishment of such links or the reference to any information, articles or services provided by a third party cannot and must not be interpreted as an express or tacit endorsement by the Company of these websites and elements or their content.
12.4 The Company is not responsible for the availability of such websites and cannot control the content of such websites nor validate the advertising, service(s) and other information provided on such websites.
12.5 It is expressly stipulated that the Company shall not be held liable in any way whatsoever if the Customer's computer equipment or electronic mailbox rejects, for example as a result of anti-spam software, any electronic mail sent by the Company, including but not limited to the copy of the payment receipt, the Order summary or the shipment tracking e-mail.
13. PERSONAL DATA - SECURITY
13.1 The Company attaches great importance to the respect of privacy and takes all necessary measures to ensure the confidentiality and security of Customers' personal data.
13.2 The Company undertakes to comply with the provisions of Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
13.3 The Customer is invited to read the Privacy Policy and the Cookie Management Policy on the Websites.
13.4 The Customer undertakes not to undermine the security of the Websites. To this end, it undertakes not to carry out any fraudulent access and/or maintenance in the Company's information system. The Customer shall also not damage or hinder the Company's information system. Should the Customer fail to do so, the Company may take any measure against them, and in particular incur criminal liability under Articles 323-1 and following of the Criminal Code.
14. INTELLECTUAL PROPERTY
14.1 All the Content on the Website and the Website itself are protected by intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved for the whole world.
14.2 The name and trademark "MUSICAMPUS SAS" and all signs represented on this Website are and shall remain the exclusive property of the EPCC Saline royale.
14.3 No title or right whatsoever in any element or software shall be obtained by downloading or copying elements of this Website. The Customer is expressly prohibited from reproducing (other than for its own personal, non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to, modifying or doing any work based on this Website and the Content, items and software contained therein, nor from selling or participating in any sale in connection with this Website, the Content, items on this Website or any software related thereto.
14.4 The Company grants the Customer a non-exclusive license to use the Website and the Contents. This license is strictly personal and may not be assigned or transferred to any third party whatsoever.
15. NEWSLETTER
15.1 By ticking the box provided for this purpose or by expressly agreeing to this, the Customer agrees that the Company may send them, at a frequency and in a form determined by the Customer, a newsletter which may contain information relating to its activity.
15.2 When the Customer ticks the box provided for this purpose in the registration process on the Website to place the Order, they agree to receive commercial offers from the Company for Services similar to those ordered.
15.3 Customers may unsubscribe from the newsletter by clicking on the link provided for this purpose in each newsletter (information letters).
16. APPLICABLE LAW AND JURISDICTION
16.1 These GTC are governed and interpreted in accordance with French law, without regard to the principles of conflict of laws.
16.2 In the event of a dispute arising from the interpretation and/or performance of these GTCs or in relation to these GTCs, the Customer who is a consumer may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method. In particular, the Customer may contact the ViaMédiation association represented by Charline BASCONES, by email at charline@dialogetvous.fr or by telephone at 0676514772.
16.3 The Customer is informed that :
- in order for the dispute to be examined by the mediator, the Customer must justify that they have made a written complaint to the Company or its Customer Service Department and must keep written proof of the steps taken;
- the request must be justified and legitimate.
16.4 The Customer may refer the matter to the mediator within a maximum period of one year following their written complaint to the Company.
16.5 Finally, if this mediation procedure fails or if the Customer wishes to take the matter to court, the rules of the French Civil Procedure Code will apply.
16.6 If the Customer is a professional, any dispute that may arise between the Customer and the Company will be subject to the jurisdiction of the courts of the Company's registered office.
Withdrawal form:
For the attention of:
I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the following goods (*):
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s) (only if this form is notified on paper):
Date:
(*) Strike out what does not apply.