PRELIMINARY ARTICLE – DEFINITIONS
The expressions and terms used in these General Conditions of Sale will have the meaning attributed to them below. :
« For life » : means from the date of the Customer's membership until the date on which the Service Provider will cease its activity.
« Customer, You » : any professional or non-professional acquiring a Service (definition below)
« CGV » : Terms of Sales
« E-learning » : designates the training that will be carried out remotely
« Professional training » : training aimed at promoting integration or professional development and falling under Article L6313-1 and following of the Labor Code
« Provider, Company, We » : company HAVIO LEGEND, LTD
« Products, Services » : services available on the website
« Site » : refers to the website accessible from the URL link havio-legend.com and all possibly associated sub-sites, published by the Company to present and sell its various services. These General Conditions of Sale for the site.
ARTICLE 1 – SCOPE
These CGV apply without restriction or reservation to any purchase of training made on the havio-legend.com Site owned by Mr. Jonathan Lamarca directly or indirectly residing professionally in France.
These CGV apply without restriction or reservation to any purchase of training made on the havio-legend.com Site owned by Mr. Jonathan Lamarca directly or indirectly residing professionally in France.
The Customer declares to have read these CGV and to have accepted them before implementing the online ordering procedure. The Customer declares to have full legal capacity allowing him to engage under these CGV.
These CGV may be subject to change at any time, the version applicable to the Customer's purchase being the one in force on the Site on the date the order is placed.
Placing an order on the Site constitutes acceptance without restriction or reservation of these CGV.
ARTICLE 2 – ORDER
Order placement :
The acceptance of an order is done as a formality after purchasing your pack. In accordance with Article L121-19-3 of the Consumer Code, any conclusion of a contract confirmed by the purchase of the pack results in a successful payment. Once your order has been entered, a confirmation email will be sent to you and your order recorded. Upon receipt of this order, you will receive the information necessary to access the product and / or you can connect directly. The customer agrees to provide a valid email address in order to receive the product he orders. Any order implies acceptance of these General Conditions of Sale.
By checking the box provided for this purpose before implementing the online ordering procedure as well as the general conditions of use of the havio-legend.com website, the Customer declares to have read these General Conditions of Sale and have accepted them.
In accordance with Article 1316-1 of the Civil Code, the customer undertakes to provide truthful identification elements. An order is considered valid and accepted only from the moment Havio Legend has acknowledged receipt.
Since the Service ordered is a service provided on a digital medium, the Customer will receive it at the email address he indicated during the ordering process. In addition, once the purchase has been made, the customer will be able to log in with his username and password so that he can have a reserved space allowing him to view the purchased Service (s). They are personal, confidential and non-transferable.
Any order placed on the Site by the Customer constitutes the formation of a contract concluded at a distance between the Customer and the Service Provider.
The information communicated by the Customer when placing an order is binding on the latter. Thus, the responsibility of the Service Provider can in no way be sought or engaged in the event that an error when placing the order would prevent or delay the execution or delivery of the Services.
The Customer can pay for his order online by bank card or by cryptocurrency, that is to say by direct debit with the payment systems and services offered - in particular STRIPE - which are secure services provided by third parties to the Company. In this case, payment is made by direct debit from the bank card information provided or by cryptocurrency, depending on the payment method offered by the payment service provider and the Customer's choice.
The Customer's payment information when ordering and paying by bank card or cryptocurrency is subject to automated data processing by the secure payment provider STRIPE (https://stripe.com/fr/payments/payment -methods-guide # cards) the Company reserves the right to use any other payment service provider (PSP).
The sale of the Services will only be considered final after sending the Customer confirmation of the acceptance of the order by the Service Provider, by email and after receipt by the latter of the full price..
Order modification :
Given the nature of the Services, no modification of the order by the Customer will be possible after confirmation thereof by the Service Provider, which is expressly accepted by the Customer, subject to the provisions of article 3 ASSIGNMENT - TRANSMISSION of these CGV.
Cancellation of the order :
Given the nature of the Services, no cancellation of the order by the Customer will be possible after confirmation of it by the Service Provider and sending of the access codes to the platform which is expressly accepted by the Customer, subject to the provisions of article 3 ASSIGNMENT - TRANSMISSION hereof.
The Service Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order on the Site.
ARTICLE 3 - ASSIGNMENT – TRANSMISSION
The transfer and / or transmission of access to the online platform containing the contents, These digital products to third parties is totally prohibited, which the Customer expressly accepts.
Failure to comply with the provisions of this article will result in the Customer's definitive exclusion from services as well as the closure of his online access, without prejudice to damages.
ARTICLE 4 – PRICE
The Services are provided at the rates in effect on the Site when the order is placed. Prices are expressed in Euros, inclusive of tax for consumers and non-professionals.
The VAT rate applied is the legal rate in force on the day of the transaction. In the event of a change in the amount of the French VAT rate for a resident on French territory, the price adjustment including tax will be immediate, without prior information. The VAT rate is adapted to European countries according to the laws in force. The Havio Legend Company invoices at a price including VAT, collects the VAT and returns it to each country.
The prices take into account any reductions that would be granted by the Service Provider under the conditions specified on the Site.
These prices are firm and not subject to revision during their period of validity, as indicated on the Site, the Service Provider reserving the right, outside this period of validity, to modify them at any time. The price is payable in full and in a single payment when ordering. In the event of payment in several installments, the customer will have to pay the totality of the sums foreseen.
The costs necessary to access the havio-legend.com website are the responsibility of the customer.
An invoice is established by the Service Provider and given to the Customer when the Services ordered are provided.
ARTICLE 5 – PAYMENT
In accordance with Article L.132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the customer authorizes the seller to debit his card for the amount relating to the price indicated. The customer confirms that he is the legal holder of the card to be debited and that he 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.
HAVIO LEGEND reserves the right to refuse to honor an order from a Customer who has not fully paid for this order or partially paid for a previous order or with whom a payment dispute is being administered.
Products are non-refundable from the time they have been downloaded or viewed by the customer. We respect the same commercial practices as in France, where Article L121-20-2 of the Consumer Code excludes from the legal withdrawal period the “supply of audio or video recordings, or of computer software when they have been unsealed by the consumer ”. The legal right of withdrawal of 14 days is therefore null from the moment the ordered product is viewed or downloaded.
Any delay in payment by the Customer results in:
• The deletion of his account
ARTICLE 6 - DELIVERY OF DIGITAL PRODUCTS
Products are delivered electronically as access to a secure platform. The delivery time for the various accesses and services may exceed seven working days unless there is a problem beyond the control of the supplier. The customer is solely responsible for a delivery defect due to an incorrect indication of his email address when ordering.
The services are provided to Customers in the form of online access through platforms which are made available to the Customer for life, subject to compliance with all the provisions set out in these GTC.
These different platforms give access to different services depending on the chosen pack; they allow the Customer to:
- create their own sales funnels
- automate social networks
- give full access to CRM
- use software that allows you to send automatic messages with a bot on social networks
- create satisfaction forms
- use a trading platform
The Services are accessible and made available to the Client by the Service Provider. The Customer has access to the platform through a username and password that he receives by email after payment confirmation (max 1 week delay).
The Service Provider implements means to ensure that the platform is functional and accessible at all times, except in the event of voluntary or involuntary interruption, in particular for maintenance or force majeure needs.
The Customer has access to the platform by means of a username and password provided to him for this purpose.
The username and password are strictly personal and confidential. The Customer is exclusively responsible for the confidentiality of his username / password, this one cannot in any case engage the responsibility of the Service Provider in the event of hacking or loss resulting from unauthorized use of the platform or fraudulent use. of its access codes.
Since all Services are protected by copyright, the Customer is not authorized to reproduce, adapt, translate, share, distribute and / or transfer the Services purchased on the Site for the benefit of third parties. The acquisition of the Services by the Customer does not in any way imply an assignment of copyright for its benefit. The Customer is only authorized to use the Services for his personal needs.
Access to the platform is individual, therefore it is only available and valid for one person. In the event that the platform is used by several people, the Service Provider reserves the right to suspend or interrupt the Customer's access or to charge additional costs; the Customer cannot request any compensation or reimbursement on this account. All sums already paid to the Service Provider will remain acquired as compensation.
ARTICLE 7 – WITHDRAWAL
Article L121-21-8 of the Consumer Code:
The right of withdrawal cannot be exercised for contracts:
• 9 ° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
• 13 ° The supply of digital content not supplied on a tangible medium, the execution of which has begun after the express prior consent of the consumer and express waiver of his right of withdrawal.
Thus, in accordance with the provisions of Article L. 221-21-8 of the Consumer Code, the Customer expressly acknowledges and accepts that the performance of the Service Provider's service begins upon validation of the payment and expressly waives his right to withdrawal. The legal withdrawal period is therefore zero from the time the pack was purchased.
The Customer acknowledges and accepts that the Service is executed immediately after payment and that consequently he expressly waives his right of withdrawal. No refund is made after purchasing the pack.
The seller reserves the right, in accordance with Article L. 122-1 of the Consumer Code, to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
In the event that a customer, already dissatisfied with a product, endeavors to purchase products again and systematically request a refund, Havio Legend reserves the right to refuse disputed requests.
The customer must declare any dispute arising in connection with his order (download error, inability to access the product, etc.) within 24 (twenty-four) hours.
It is emphasized that the results achieved by the products sold on Havio Legend naturally depend on the correct application of the advice given. The success of the exposed and taught methods depends in part on the user's commitment to assimilate the given techniques and to practice them so that they produce the desired results.
ARTICLE 8 - RESPONSIBILITY OF THE SERVICE PROVIDER
In any event, in the event that the Service Provider is held liable, the Service Provider's guarantee would be limited to the amount excluding taxes (HT) paid by the Customer for the ordering of the Services.
Damage resulting from the use of the website :
The Service Provider reserves the right to modify, suspend or interrupt the havio legend.com Site, the platform and the Services at any time, with or without notice and this, without the responsibility of the Service Provider being able to be engaged by the Customer or third parties, by exercising their rights.
The Service Provider nevertheless implements means to ensure that the Site and the platform are functional and accessible at all times, except in the event of voluntary or involuntary interruption, in particular for maintenance or force majeure needs. In the event of an anomaly discovered by the Customer, the latter undertakes to notify the Service Provider as soon as possible so that the latter can remedy it.
Disclaimer of warranties and limitation of liability:
The Service Provider does not guarantee that the use of the havio-legend.com Site and the platform will be without interruption or error. The Customer accepts that the Service Provider periodically removes access to the Site or the platform for indefinite periods, or cancels the Site or the Services at any time without notice. The Service Provider does not guarantee that the havio-legend.com Site and the platform will be protected against loss, corruption, attacks, viruses, interference, hacking or any other security breach. The Service Provider declines all responsibility in this regard.
The Service Provider cannot be considered as engaging its responsibility for total or partial contractual non-performance which could be caused by a fortuitous event, an event of force majeure, beyond its control.
The customer is solely responsible for the consultation, choice, use and interpretation of the documentation provided. Our responsibility cannot be called into question, both vis-à-vis third parties and the customer, for the consequences of the use of research results by the customer or of omissions following an unsuccessful, defective, partial or incorrect, or the misuse of the responses and texts consulted.
As a result, we cannot be held, due to 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 or incomplete information. , an indexing error or a delay in uploading.
Under no circumstances can we 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 products and services referred to herein. In addition, no assistance provided free of charge in the use of the products and services can create any additional warranty with respect to these conditions.
ARTICLE 9 – COMPLAINTS
If applicable, the Customer may submit any complaint by contacting the Service Provider using the following contact details: [email protected]
ARTICLE 10 - GROUP PURCHASES
Group purchases are strictly prohibited except with his or her spouse.
If applicable, the author of the group purchase is immediately liable on behalf of the other people with whom he shared the training or the product of the price of the article multiplied by the number of people who had access to the article. article in question.
ARTICLE 11 - FORCE MAJEUR
The Service Provider cannot be considered as engaging its responsibility for total or partial contractual non-performance which could be caused by a fortuitous event, an event of force majeure, beyond its control, making the supply and delivery of the Services ordered by the Customer impossible.
The following circumstances are assimilated to cases of force majeure, when they paralyze the execution of the contract: Covid 19-type health crisis, strikes, labor disputes, lockouts, shortages of raw materials, strikes by carriers, prince, insurrection, attacks, wars, destruction of manufacturing and production sites, act of god such as earthquakes, fires, floods.
The execution of the contract is suspended for the duration of the force majeure without any compensation to the Customer. The Service Provider will normally resume performance of the contract, and will again be required to comply with all the obligations contained therein, once the disappearance of the force majeure event has been duly noted.
ARTICLE 12 - CUSTOMER ACCEPTANCE
The customer declares to have read all of these General Terms and Conditions of Sale related to a product or a service, and to accept them without restriction or reservation. The prices are expressly approved and accepted by the customer who declares and acknowledges having perfect knowledge of them. He therefore waives the right to rely on any contradictory document and in particular his own general conditions of purchase. The customer acknowledges that he has received the advice and information necessary to ensure the suitability of the offer to his needs and the act of purchase implies acceptance of these General Conditions of Sale.
ARTICLE 13 – LACK OF FORESIGHT
These General Conditions of Sale expressly exclude the legal contingency regime provided for in Article 1195 of the Civil Code for all Service operations from the Provider to the Client. The Service Provider and the Customer therefore each waive the right to avail themselves of the provisions of article 1195 of the Civil Code and of the unforeseeable regime provided for therein, committing to assume their obligations even if the contractual balance is upset by circumstances which were unforeseeable at the time of the conclusion of the sale, even though their execution would prove to be excessively onerous and bear all the economic and financial consequences.
ARTICLE 14 – THE CONTRACT
This contract comes into force upon payment (or the first payment in the event of multiple payments) of the order by the buyer. It is concluded for the duration necessary for the supply of products by havio-legend.com and this until the end of the guarantees and obligations, this information being provided directly on the product sales page.
ARTICLE 15 – PARTIAL NULLITY
In the event that a provision of these CGV is invalidated for any reason, this invalidation will have no effect on the validity of the other provisions of these.
ARTICLE 16 – INTELLECTUAL PROPERTY
All texts, illustrations, brands, domain names, products, videos contained in the products and services referred to herein, directly or under license from a third party, are protected by copyright and by law. databases, in accordance with the Intellectual Property Code. More generally, any information subject to intellectual property rights is and remains the exclusive property of the seller.
No assignment of intellectual property rights is made through these General Terms and Conditions of Sale.
The Customer acknowledges and accepts in particular that the contents, services and methodologies developed by the HAVIO LEGEND Company during its Services are the subject of intellectual property rights.
The customer refrains from any use of the products and services for purposes other than purely documentary, as well as he refrains from publishing, distributing or selling, in any way whatsoever, the content to which he accesses. Any other use not provided for by the Intellectual Property Code is subject to prior written authorization.
The Client acknowledges and accepts that the violation of the intellectual property rights of the HAVIO LEGEND Company and in particular the marketing of its methodologies to third parties will, as of right, give rise to the payment of a penalty of € 50,000, without prejudice to all others. damages that the Service Provider may claim in court in the event that the damage suffered exceeds this penalty.
ARTICLE 17 – PROTECTION OF PERSONAL DATA
The protection of the personal data of Customers is important for the Service Provider. Thus, the Service Provider will make every effort to minimize their collection, protect and secure the Customer's data in accordance with the General Data Protection Regulation n ° 2016/679..
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. We declare all of our files to the National Commission for Computing and Liberties (CNIL). By entering your email address, you will receive emails containing information and promotional offers regarding our products. You can unsubscribe at any time. You just have to click on the link at the end of our emails.
ARTICLE 18 – LITIGATION
In the event of a litigation, the Customer will first contact HAVIO LEGEND to try to find an amicable solution. In the event of difficulties in the application of this contract, the Consumer Client also has the possibility, before any legal action, to seek recourse to a consumer mediator.
In accordance with Articles L. 612-1 of the Consumer Code, any so-called consumer dispute or dispute, subject to Article L. 612-2 of the Consumer Code, may be the subject of an amicable settlement by mediation with the mediation service accessible on the site below.
In order to be dealt with expeditiously, any mediation request from the Client must contain the following information: postal, electronic and telephone contact details of the Client, contact details of the Service Provider, brief statement of the facts, proof of the preliminary steps taken with the Service Provider.
ARTICLE 19 – APPLICABLE LAW AND COMPETENT JURISDICTION
All the clauses appearing in these General Conditions of Sale, as well as all the purchase and sale transactions referred to therein, will be subject to London law.
These CGV are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
In the event of a dispute, the customer should first contact the publisher of Havio Legend, the company HAVIO LEGEND, to obtain an amicable solution. Failing that, any dispute in connection with the use of the site is subject to the law of England.
Mis à jour le 29/10/2021