General Terms and Conditions of Sale (GTCS)

General Terms and Conditions of Sale (GTCS)

Between the company LBE : Life & Business Expansion SAS, whose head office is located at 121 avenue des Champs Elysées – 75008 Paris – France, with Share Capital of € 10,000, registered in the Paris Trade and Companies Register under number 834 894 966, APE code: 7022Z, VAT number: FR 89 834 894 966, represented by Mrs. Mounia LOUERRAD, as President, duly authorized for the purposes hereof.

The company can be reached by e-mail at info@consulting-lbe.com or by the online contact form available on its Website www.consulting-lbe.com,

Hereinafter “the Company” or “the Seller“, on the one hand,

and

the natural person purchasing the company’s products or services,

Hereinafter, “the Buyer“, or “the Customer” on the other hand,

The following was stated and agreed:

 

ARTICLE 1: INTRODUCTION

LBE : Life & Business Expansion® agency (hereinafter referred to as “the Company” or “the Seller“) offers Intellectual Services for both Businesses and Individuals, in France and Worldwide. Services are focused around three business units : Consulting, Coaching and Recruitment services.

These General Terms and Conditions Of Sale (hereinafter referred to as GTCS) apply to the Coaching and Training Services and Products offered to Individuals on the firm’s website: www.consulting-lbe.com

Any general or specific condition opposed by the Customer cannot prevail over these GTCS. The Customer agrees to comply with these GTCS.

By browsing www.consulting-lbe.com, hereinafter “the Site”, the Customer acknowledges in his capacity as user, knowing the conditions of use appearing below, as well as the specific conditions relating to certain services of the Site, and accept its terms.

 

ARTICLE 2: OBJECT AND GENERAL PROVISIONS

These GTCS determine the rights and obligations of the parties within the framework of the ONLINE SALE of Services and Products offered by the Seller.

These GTCS apply to all sales of Services and Products, made through the Company’s Website and are an integral part of the Contract between the Buyer and the Seller.

These GTCS are addressed only to INDIVIDUALS.

Businesses must contact the Company directly in order to conclude a suitable contract.

The Customer acknowledges that the ordering procedure on the Company’s Website constitutes a Contract between the Customer and LBE: Life & Business Expansion SAS.

Before placing an order, the Customer must carefully study the description and characteristics of the Services and Products he/she wishes to acquire. The photographs and illustrations do not constitute a contractual document.

The Customer must carefully read the GTCS and accept them before validating each order.

The Seller reserves the right to modify these conditions at any time by publishing a new version on its Website. The GTCS then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) for the order.

These GTCS can be viewed on the Company’s Website at the following address: https://consulting-lbe.com/conditions-generales-de-vente

The Company also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click. The Customer declares to have read all of these GTCS, and where applicable the Special Conditions of Sale related to a Service or a Product, and to accept them without restriction or reservation.

The Company’s vocation is to offer a range of Services and Products intended for the general public. Whatever the services, products or program offered (physical and electronic products, coaching, workshops, seminars, conferences, master class), participants in our services must be over 18 years of age.

The Customer declares to be able to legally or validly contract to represent the natural or legal person for whom he is committed. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

 

ARTICLE 3: PRICE

The prices of the Services and Products sold through the Website are indicated in Euros inclusive of all taxes (at the French VAT rate of 20% – VAT number: FR 89 834 894 966), excluding shipping and order processing costs. .

For all Services and Products shipped outside the European Union and / or DOM-TOM, the price is calculated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the Buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the Buyer to obtain information on these aspects from the corresponding local authorities.

The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the Company’s Website are the responsibility of the Customer. If applicable, also the delivery costs.

 

ARTICLE 4: CONCLUSION OF THE ONLINE CONTRACT

The Customer must follow a series of steps specific to each Service and Product offered by the Seller in order to be able to place his order. However, the following steps are systematic:

  • Information on the essential characteristics of the Service or Product
  • Choice of the Service or the Product, if applicable of its options, and indication of the essential data of the Customer (identification, address, etc.)
  • Acceptance of these GTCS
  • Ordering the Service or Product by clicking on the button dedicated to this purpose
  • Follow-up of payment instructions
  • Payment for the Service or Product
  • Execution of the Service or shipment of the Product (coaching, master class, etc.)
  • The Customer will then receive an e-mail confirmation of payment for the order, as well as an acknowledgment of receipt of the order confirming it with the purchase invoice. He/she will receive the text of these GTCS. For delivered products, delivery will be made to the address indicated by the Customer.

For the purposes of proper completion of the order, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide his/her true identification data. The Seller reserves the right to refuse the order for any abnormal request, made in bad faith or for any legitimate reason.

 

ARTICLE 5: PRODUCTS AND SERVICES

The Company is a publisher of Services (individual and collective coaching, master class, etc. in distance and face-to-face) and Products (digital and material formats) for training and coaching on the themes of personal and professional development. All these Products and some of these Services are marketed through its Website www.consulting-lbe.com

The essential characteristics of the Products, Services and their respective prices are made available to the Buyer on the Company’s Website. The Customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and performance of the contract.

The Seller undertakes to honor the Customer’s order within the limit of stocks of available Products only. Otherwise, the Seller informs the Customer.

In accordance with French law, this information is the subject of a summary and confirmation during the validation of the order.

The parties agree that the illustrations or photographs of the Products offered for sale have no contractual value.

The period of validity of the Product offer as well as their prices is specified on the Company’s Website, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of Services or Products.

Unless there are special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the e-mail address provided).

In accordance with the legal provisions regarding compliance and hidden defects, the Seller reimburses or exchanges defective products or products that do not correspond to the order. Reimbursement can be requested by sending an e-mail to the following address: info@consulting-lbe.com

 

ARTICLE 5.1: ACCESS TO SERVICES AND PRODUCTS

The majority of the coaching programs offered are transmitted in real time through instant messaging for smartphones, tablets and computers. In this context, the Seller offers the Customer the possibility of choosing the instant messaging system he/she wishes to use for the conduct of the coaching program that he/she has purchased.

The company implements all means to ensure that the coaching service takes place under the best technical conditions related to the use of the instant messaging chosen by the Customer. However, in the event of a proven anomaly discovered by the Customer and / or the Seller and preventing or hindering the progress of the coaching session, each of the parties undertakes to do everything possible to remedy any possible malfunctions and thus allow the normal course of the online coaching session.

By “anomaly” we mean any incident, blockage, breakdown, preventing the normal progress of the coaching session by instant messaging via the Internet.

Regarding the security and integrity of Internet communications, the Company reminds the Customer that they cannot be guaranteed. For this reason, the Company declines any responsibility concerning the consequences related to the technical failures of the instant messaging that the Customer will have chosen for the realization of the online coaching session. The Company will not be held liable for any damages as a result.

 

ARTICLE 6: RESERVE, OWNERSHIP AND CONFIDENTIALITY CLAUSE

The products, services or training or coaching programs remain the exclusive property of the Company until full payment of the price.

The Customer agrees to keep the techniques taught confidential and not to resell, disclose, reproduce, transmit or disseminate them in any way.

 

ARTICLE 7: DELIVERY TERMS

The Products are delivered to the delivery address that was indicated by the Customer when ordering on the form. Consequently, the Customer must be attentive to the correct entry of his address and more especially his e-mail address for all digital products.

Delivery times: in general, digital products are delivered instantly by electronic means as soon as the Customer’s payment has been validated. The maximum delivery time is 15 days, unless otherwise stated on the product sales or order page.

For products offered in “Pre-order”, that is to say those that you can acquire before their official publication on the Company’s Website, payment is due immediately at the time of the order. It should be noted that for “Pre-order” products the provisional publication dates are not contractual.

When the delivery requires an appointment to be made with the Customer (for example in the case of individual remote coaching), the Customer chooses his/her time slot (date, time and duration) on the Company’s Website. Once the payment for this coaching session has been made, the Company reserves this time slot exclusively for this Customer in order to deliver the service that he/she has purchased (for example a one-hour coaching session for the job search).

In the event of an impediment or unavailability, the Customer must notify the Company at least 48 hours in advance in order to postpone the appointment by sending an e-mail to the following address: info@consulting-lbe.com

Any delay by the Customer at the appointment will be deducted from the time of the session.

Any appointment not held and not postponed by the Customer, or any appointment postponed more than twice by the Customer, will be considered in fact as a service provided by the Company.

In the event of late delivery, the Customer has the option of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller then reimburses the product and the “outbound” costs under the conditions of Article L 138-3 of the Consumer Code.

The Seller provides a point of contact – e-mail address – which will be indicated in the order confirmation e-mail in order to follow up on the order.

For physical Products, the Seller reminds that when the Customer takes possession of the products, the risk of loss or damage to the products is transferred to him/her. It is the Customer’s responsibility to notify the carrier of any reservations about the product delivered.

 

ARTICLE 8: AVAILABILITY AND PRESENTATION

Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. In the event that an item is unavailable for a period exceeding 30 working days, the Customer is immediately notified of the foreseeable delivery times and the order for this item may be canceled on request. The Customer may then request a credit for the amount of the item or its refund.

 

ARTICLE 9: PAYMENT OF PRODUCTS

Payment is due immediately upon ordering, including for pre-ordered products. Payments can be made by credit card or recurring direct debit if applicable. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa).

Secure online payment by bank card or recurring direct debit is made, according to the Customer’s choice, through the PayPal or Stripe companies. The information transmitted is encrypted and offers the best level of security available today. Any guarantee as to the security of this system is entirely the responsibility of the PayPal and Stripe companies.

Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing his/her banking information during the sale, the Customer authorizes the Seller to debit his/her card for the amount related to the price indicated.

The Customer confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. In the event of an error, or in the event that it is impossible to debit the card, the Sale is automatically terminated and the order canceled.

Exceptionally, payment by check or bank transfer can be accepted if it is denominated in Euros and if it comes from a bank domiciled in the European Union. In this case, the Customer agrees to receive his/her order once the check or transfer has been cashed by the Company. For this, the Customer must first contact the Company for any authorization (via the online contact form on the Company’s Website).

 

ARTICLE 9.1: RECURRING PAYMENT

In the event of recurring payment, the Customer commits to a duration and a monthly payment amount, to which he cannot return before the end of the commitment period, unless terminated during the warranty period specific to each Service and Product. .

The Company informs the Customer that in the event of a payment problem on a recurring payment, the Customer will not be able to benefit from the remaining coaching or training service. He/she will only be able to benefit from it again after the payment incident has been resolved. After a second payment incident, the Customer will have to pay the remaining balance in full to be able to benefit again from the coaching or training services.

In addition, the Company reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the coaching or training service.

 

ARTICLE 9.2: DEFAULT OF PAYMENT

In the event of non-payment of the sums due by the Customer under his/her commitment, the Customer will immediately be denied access to the coaching or training service until the payment is regularized.

The Customer will then have 30 days, from the receipt by the Company of the e-mail from Stripe or PayPal, informing him/her of the rejection of the payment, to pay the Company the amount due. In the event of non-payment of the sums due within the time limit, the file will be immediately sent to a bailiff or to a recovery service provider, who will be responsible for recovering all of the sums due, which must be paid in one go.

In any event, the Company will have the option to terminate this contract as of right, as from the receipt by the Customer of a formal notice to pay which has remained ineffective at the end of the period set for the regularization of the payment.

As of this date, the Customer will be definitively refused access to the coaching or training service while remaining liable for all sums due under the commitment made under this contract.

 

ARTICLE 10: TERMS AND CONDITIONS OF WITHDRAWAL

In accordance with Article L. 121-20 of the Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception of , where applicable, return costs ”. “The period mentioned in the previous paragraph runs from receipt for the goods or from the acceptance of the offer for the provision of services”.

The right of withdrawal can be exercised by the Customer by contacting the Company by e-mail at the following address: info@consulting-lbe.com

We inform our Customers that in accordance with article L. 121-20-2 of the Consumer Code, this right of withdrawal cannot be exercised for certain products or services and in particular: “training services (online or CD / DVD) based on audio and video recordings when unsealed or downloaded by the consumer after delivery”.

The conditions indicated on the product order page take precedence over the conditions of these GTCS.

If the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remain the responsibility of the Customer.

Product returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be re-marketed in new condition. If possible, they should be accompanied by a copy of the proof of purchase.

In accordance with legal provisions, you will find below the standard withdrawal form to be sent to us at the following address: info@consulting-lbe.com

WITHDRAWAL FORM:

[Please indicate:

– The word WITHDRAWAL in the subject line of your e-mail.

– Information allowing you to be identified and your purchase to be found.

o Your Name

o Your first name

o Your e-mail address

o Date of purchase

o Type of coaching purchased

Please do not hesitate to send us any comments you deem useful and which would allow us to understand your situation and improve our services. ]

To be reimbursed, the Customer must attach an IBAN to his reimbursement request. The refund will be made by bank transfer within 14 days of receipt of the IBAN.

 

ARTICLE 11: GUARANTEES

 

ARTICLES 11.1: FOR PHYSICAL PRODUCTS (BOOKS, CD, DVD, etc.)

In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects of the products. As part of this, all physical products (unless otherwise stated on the sales page) have a 30-day warranty.

In the event of Customer dissatisfaction, the Seller reimburses the Buyer or exchanges products that are apparently defective or do not correspond to the order placed. The reimbursement request must be made as follows:

1 / The Customer must first contact the Company (at the address info@consulting-lbe.com) so that the return instructions are specified to him

2 / The Customer returns the defective or non-conforming product(s) by attaching the corresponding invoice

3 / The Customer attaches a IBAN to his/her reimbursement request.

 

ARTICLES 11.2: FOR DIGITAL PRODUCTS (COACHING, TRAINING …)

All digital products (unless stated otherwise on the sales page) have a 30 day warranty. In the event of dissatisfaction during the 30 days following its purchase, and on the condition of having completed the “Necessary Steps” (Article 11.3), the Customer can send a request for reimbursement by attaching the corresponding invoice to the address info@consulting-lbe.com

 

ARTICLES 11.3: CUSTOMER COMMITMENT AND CONCEPT OF “NECESSARY PROCEDURES”

It is understood that the results achieved by the coaching or training products offered by the Company naturally depend on the correct application by the Customer of the methods, techniques and exercises provided.

This is why the success of the taught programs depends in part on the user’s commitment to assimilate and practice the techniques and strategies taught so that they produce the expected results. For this reason, by subscribing to the Company’s products, the Customer naturally agrees to take the courses, do the exercises, and apply the methods taught. This is the notion of “Necessary Steps”.

All coaching or training products (online or face-to-face), most often contain exercises, questionnaires or action plans that the Company asks the Customer to accomplish in order to obtain the result they are aiming for.

Thus, if the Customer considers himself/herself dissatisfied with the results obtained by the coaching or training Product and wishes to obtain a refund, he/she must claim to have completed this “Necessary Procedure”.

For this reason, before proceeding with the reimbursement, the Company will ask the Customer to present proof of the completion of these “Necessary Procedures” no later than 7 working days after the Company has acknowledged receipt of its reimbursement request.

 

ARTICLE 12: TECHNICAL PREREQUISITES FOR USING THE SERVICES AND PRODUCTS

The Customer declares that he/she has the necessary skills and means, in particular technical, to use the Online Services and Digital Products offered for sale by the Company.

For this, the Customer is fully aware that he/she must have adequate computer equipment that allows him/her to benefit from the Online Services (coaching or training) that the Company offers: a computer equipped with a sound card and built-in speakers, screen, Internet connection, web browser, messaging software.

 

ARTICLE 13: COMPLAINTS

If applicable, the Buyer may submit any complaint by contacting the Company using the following contact details:

By e-mail :

info@consulting-lbe.com

By mail :

121 avenue des Champs Elysées – 75008 Paris – France.

 

ARTICLE 14: PROTECTION OF PERSONAL DATA

In accordance with the Data Protection Act of January 6, 1978, you have the rights to query, access, modify, oppose and rectify your personal data. By adhering to these GTCS, you agree that we collect and use this data for the performance of this contract. By entering your e-mail address on our Website, you will receive e-mails containing information and promotional offers regarding Services and Products offered by the Company. You can unsubscribe at any time. All you need to do is click on the link at the end of our e-mails. We monitor traffic on our website.

The “Personal Data Protection Policy” of the Company is indicated in detail in our TERMS AND CONDITIONS accessible by clicking on this link: https://consulting-lbe.com/en/terms-and-conditions

 

ARTICLE 15: OBLIGATION OF CONFIDENTIALITY

The Company will consider it strictly confidential, and refrain from disclosing, in particular any information, document, data or concept, of which it may become aware during this contract. For the application of this clause, the Company is responsible for its employees. The Company, however, cannot be held responsible for any disclosure if the disclosed material was in the public domain on the date of disclosure or obtained from third parties by lawful means.

 

ARTICLE 16: RESPONSIBILITY

The Customer is solely responsible for the consultation, choice, use and interpretation of the documentation provided by the Company on its Website.

The Company cannot be held liable, either vis-à-vis third parties or the Customer, for the consequences of the use of the results of research by the Customer or of omissions following an unsuccessful search, defective, partial or erroneous, or the misuse of the responses and texts consulted.

Consequently, the Company cannot be held, by reason of an express or tacit obligation, as civilly liable towards the Customer or third parties for any direct or indirect damage resulting from the use of the information, and in particular resulting from inaccurate information or incomplete, an indexing error or a delay in uploading.

Under no circumstances can the Company be held liable for any damage of any kind whatsoever, in particular operating loss, loss of data or any other financial loss resulting from the use or the inability to use the Services and Products referred to herein.

In addition, no assistance provided free of charge in the use of the Services and Products can create any additional warranty with respect to these conditions.

The Company is fully responsible for the proper execution of the order. However, any poor performance or non-performance due to a cause attributable to the Customer (in particular obsolete or undersized computer system), to a case of force majeure or to an unforeseeable and insurmountable fact of a third party may exonerate all or part of the liability of the society.

 

ARTICLE 17: INTELLECTUAL PROPERTY RIGHTS

The brands, domain names, products, software, images, videos, visual and sound elements, texts or more generally any information subject to intellectual property rights including the underlying technology used by LBE: Life & Business Expansion SAS are protected by copyright, trademark law, patent law and more generally by all intellectual property rights and remain the EXCLUSIVE PROPERTY OF THE SELLER. No assignment of intellectual property rights is made through these GTCS.

None of the elements of the Company’s Website or all or part of them may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, free of charge or against payment, whatever the means and/or media used, whether known or unknown to date, without the prior express written consent of LBE : Life & Business Expansion SAS.

Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited. Any reproduction, even partial, will be the subject of legal proceedings.

 

ARTICLE 18: FORCE MAJEURE

The performance of the Seller’s obligations at the end of these presents is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The Seller will notify the Customer of the occurrence of such an event as soon as possible.

 

ARTICLE 19: NULLITY AND MODIFICATION OF THE CONTRACT

If one of the stipulations of this contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties.

Any contractual modification is only valid after a written and signed agreement of the parties.

 

ARTICLE 20: APPLICABLE LAW

All the clauses appearing in these GTCS, as well as all the purchase and sale transactions referred to therein, will be subject to French law.