General Terms and Conditions of Sale and of Use
Last update August 31, 2023
1.1 Site Operator
Vert de Gris SAS (hereinafter referred to as VERT DE GRIS or We), a French company with a registered capital of €1,000, registered with the Saint Brieuc Trade and Companies Registry under number 917 431 637 .
Address: 4 rue Yves Briand, 22300 Lannion, France.
VAT Number: FR45917431637
VERT DE GRIS can be contacted by this contact form .
VERT DE GRIS sells training products and services (hereinafter referred to as the Services) for consumer or professional customers (hereinafter referred to as the Customer or You), marketed through the website accessible at the following URLwww.vertdegris.eu and all associated domains: https://www.vertdegris.academy/ (hereinafter collectively referred to as the Site).
1.2 Scope of Application
These General Terms and Conditions of Sale and Use (hereinafter the "GTC") apply without reserve or restriction to all sales made by VERT DE GRIS, via the Site as well as to the creation of accounts by users. These GTC are also applicable to sales made by VERT DE GRIS outside the Site.
The GTC take precedence over any other general or special conditions not expressly approved by VERT DE GRIS. They may be supplemented, where applicable, by special conditions of use, which supplement the GTC and, in the event of contradiction, take precedence over the latter.
1.3 Access to Services
The Services are accessible to:
- Any natural person with full legal capacity to enter into commitments under the GTC. Individuals who do not have full legal capacity may only access the Service with the consent of their legal representative.
- Any legal entity acting through a natural person with the legal capacity to contract in the name and on behalf of the legal entity.
1.4 Acceptance of the General Terms and Conditions by the Customer
For sales made via the Site, the Customer's acceptance of the GTC is evidenced by a checkbox on the order form. For other sales methods, the Customer's signature will be required to express acceptance of the GTC. This acceptance can only be full and complete. Any conditional acceptance is considered null and void.
Customers who do not agree to be bound by the GTC must not place an order with VERT DE GRIS.
You acknowledge that you have received the necessary information and advice from VERT DE GRIS, enabling you to ensure that the Services offered are suited to your needs. You declare that you have the capacity required to enter into a contract and that, where applicable, you validly represent the person for whom you are contracting.
Professional Customers undertake to ensure that all its employees, servants and agents comply with the GTC.
In the absence of proof to the contrary, the data recorded by the Site constitutes proof of all transactions and acceptances.
1.5 Modification of the General Terms and Conditions
We reserve the right to modify or update our GTC at any time, it being understood that the GTC in force at the time of the order will be the only ones applicable to the Customer.
Barring exceptional sales, the list and main features of the Services can be consulted on the "Online Courses" page available at the following URL: https://www.vertdegris.academy/online-coursesor in the summary e-mail sent to the customer after the sale.
The following is a non-exhaustive list of the services offered by VERT DE GRIS :
e-learning courses in several formats: ACCELERATE - DISCOVER - TRANSFORM
Optional individual coaching for the TRANSFORM training course
Customized in-company training, e-learning or face-to-face grey-label training content, training of trainers, speakers/speakers: by quotation only, please contact us by this contact form
The Services are described and presented as accurately as possible. However, VERT DE GRIS may not be held liable for any errors or omissions in this presentation, unless such errors or omissions constitute a substantial part of the offer in question.
The Services are offered and delivered within the limits of available quantities, it being understood that we may voluntarily limit the number of beneficiaries of the Services.
The Services generally include, but are not limited to, online video courses, e-learning modules, texts, audios, dialogues, exercises, downloadable documents, online training, face-to-face training and webinars. The Services are provided AS IS, and no minimum level of service quality is guaranteed to the Customer.
You are informed that access to sites or platforms (partner or other) designed and managed under the responsibility of third parties may be required to use the Services (hereinafter referred to as "Platform(s)"). We have no control over the content of these third-party Platforms, and accept no responsibility for their content or for the use made by any third party of the information contained therein. In the event of a problem or malfunction on a Platform necessary for the operation of the Services, We will endeavor to provide the Service sold on a Platform with similar functionalities.
The Service subscribed to by the Customer is supplied in its version up to date at the date of purchase. Updates are not included in the price of the Service, unless otherwise specified in the Service description.
For e-learning courses, online coaching or any other offer of access to digital content, access rights to the Service are granted to the Customer for a variable period stipulated in the order, depending on the Service chosen, from the opening of the identification keys to the Service. Where no duration is specified, the Service remains accessible for at least one year after full delivery of the Service, and VERT DE GRIS may withdraw access at any time thereafter. In the event of the purchase of online training or any other offer of access to digital content, certain materials may be supplied in PDF, audio or video format, for example. It is the Customer's responsibility to download the latest version before the expiry of their access rights to the Service.
Access to the Services is available to all users in accordance with the technical terms and schedule provided by VERT DE GRIS . An access link to the Training Platform is provided by VERT DE GRIS upon subscription to the Service, enabling the Customer to create his/her login(s) to the Platform. These identifiers are strictly personal, individual, confidential and non-transferable.
3. USE OF SERVICES
3.1 Conditions of Eligibility
The Services are accessible :
Any natural person with full legal capacity to enter into commitments under the GTC. Individuals who do not have full legal capacity may only access the Service with the consent of their legal representative.
Any legal entity acting through a natural person with the legal capacity to contract in the name and on behalf of the legal entity.
3.2 Minimum technical requirements
Use of the Site and Platforms requires the following minimum technical configuration:
- Computer equipment including a recent terminal;
Use of one of the following Internet browsers in a developer-maintained version: Google Chrome, Firefox, Safari, Microsoft Internet Explorer or Edge ;
High-speed Internet access.
Customers must ensure that their technical environment is compatible with the above prerequisites before and during use of the Service.
VERT DE GRIS declines all responsibility and will have no obligation to reimburse or compensate in the event of non-functioning or malfunctioning of the Platforms resulting in particular in the impossibility of access to the Services ordered, due to the absence of internet connectivity or failure to comply with minimum technical configuration requirements.
3.2 Data security
In order to deal with a security incident, a threat or a situation of vulnerability, VERT DE GRIS may implement the following measures on the Internet: informing Customers and the supervisory authority if necessary, raising awareness among VERT DE GRIS teams, reinforcing the security of premises and workstations within VERT DE GRIS. VERT DE GRIS may also take the following measures with regard to its Customers: make Customer access to the Service conditional upon the modification of their login and password, require them to strengthen the security of their password, implement authentication procedures with enhanced security (two-factor authentication).
4. RIGHTS, OBLIGATIONS AND PROHIBITIONS
4.1 Your rights, obligations and prohibitions as a customer
Each Customer undertakes to use the Site and Platforms in good faith and not to use them in a manner that is contrary to the law or regulations, failing which he/she shall be held liable.
The Customer further undertakes to make strictly personal use of the Site, Platforms and Services made available to him, it being specified that the Customer may not authorize access to the Services to third parties, including within his organization, without prior request addressed to VERT DE GRIS by this contact form . We reserve the right to accept or reject the use of the Services by extended third parties, including employees of the Customer. Any use of the Customer's access to the Services by an unauthorized person engages the Customer's responsibility.
Thus, any use of a Service by a Customer other than that intended, including course materials or content, whether downloadable or not, is prohibited and may give rise to legal proceedings, in particular :
- The use of a Service for commercial purposes, or with a view to its resale or distribution, whether free of charge or in return for payment, it being specified that the knowledge acquired by a Customer as a result of using the Service may be freely exploited;
- The use or viewing of the Service within a company or association, including for training purposes in the presence of several people;
- Modification or adaptation of the Service ;
- Reproduction or representation of the Service for any purpose other than strictly personal use.
The Customer is solely responsible for any direct or indirect damage he may suffer as a result of inaccurate, incomplete and/or misleading information provided at the time of registration, or as a result of the failure to update such information, the consequences of which he alone shall bear.
All Customers agree to refrain from any use of the Site or Platforms that would be likely to infringe the rights of VERT DE GRIS or that would be likely to cause damage to VERT DE GRIS and its partners.
All Customers agree to refrain from any use of the Site or Platforms that would be likely to undermine the integrity of VERT DE GRIS's technical infrastructure, in particular its computer servers.
Customers are solely responsible for the information they enter or communicate via the Site or Platforms.
4.2 Your rights, obligations and prohibitions of VERT DE GRIS
We may ask you to be mentioned by VERT DE GRIS as a Customer of the Services. With your agreement, We may be authorized to mention your name and an objective description of the nature of the Services provided, subject of the sales contract, in our reference lists and proposals to our prospects and customers, notably on the Site, in discussions with third parties, in communications to our personnel, in internal management planning documents, in our annual report to shareholders, and in the event of legal, regulatory or accounting provisions requiring it.
By accepting the GTC, You expressly authorize the reproduction and representation of photographs and videos taken during an event (including online events such as webinars or online group coaching) organized by VERT DE GRIS or on our initiative. Consequently, You authorize Us to broadcast the images taken during this event. The images may be exploited and used directly worldwide, for the lifetime of the Customer, in all forms and media known and unknown to date, (press, brochure, display, internet ...) to promote the activities of VERT DE GRIS. You acknowledge that you are fully entitled to your rights and may not claim any remuneration for the exploitation of the rights referred to in this paragraph. The same conditions as those described in the previous paragraph are applicable to image and/or author's rights on the videos and photographs that You send to VERT DE GRIS to give Your opinion and/or testify on the products and services of VERT DE GRIS.
5.1 Site Registration
To place an order on the Site, the Customer must register:
- by filling in the appropriate form on the Site,
- or by using the login details for a third-party site indicated on the Site. In this case, the Purchaser must provide VERT DE GRIS with the additional information requested. The Buyer expressly authorizes VERT DE GRIS to access his account data on the third-party site concerned.
In all cases, the Customer must provide all the information mandatory information. Incomplete registrations will not be validated.
Registration automatically leads to the opening of an account in the Customer's name (hereinafter referred to as the "Account"), which enables the Customer to manage his or her purchases in the form and using the technical means that VERT DE GRIS deems most appropriate.
You warrant that all information provided in connection with your registration and order is accurate, current and truthful and is not misleading.
You are hereby informed and accept that the information entered for the purposes of creating or updating your Account is proof of your identity and binding upon you as soon as it has been validated.
You undertake to update this information in your Account in the event of modifications (in particular: change of postal or e-mail address), so that it always corresponds to the aforementioned criteria.
5.2 Placing Orders
You must have recent computer equipment in order to place orders on the Site and to access the Services.
You will have to follow a series of steps to be able to place your order: in particular, you will have to select the Service you wish to order on the Site, then you will be directed to an order page.
You will then be invited to create your Account or connect to an existing Account in order to provide your contact details (notably identification, postal address, email) for delivery and billing purposes. You must complete all fields marked as mandatory in the form provided. Orders that do not include all the required information cannot be validated.
You must check all information provided and correct any errors before validating your order. We cannot be held responsible for any inaccuracy or falsity in the information provided or for any failure on your part (e.g. wrong email, connection problems).
You will then need to read and accept these GTCU, waive your right of withdrawal if applicable, follow the payment instructions and confirm your order and payment.
5.3 Order Confirmation
As soon as the payment has been validated by VERT DE GRIS, the Customer will receive an email confirming and summarizing the order. Failing receipt of this email, the Customer must contact VERT DE GRIS by the contact form. This order confirmation is proof of the completeness of the order and of the payability of the sums due in execution of the order, and forms the sales agreement concluded between the Customer and VERT DE GRIS .
5.4 Order Cancellation
All orders received by us are firm and definitive and entail obligation to pay.
We reserve the right to suspend or cancel any order processing and any delivery of a Service in the event of refusal to authorize payment by credit card by officially accredited organizations, or in the event of non-payment.
In particular, we reserve the right to refuse to honour an order from a customer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.
In the event of cancellation of an order by VERT DE GRIS, the Customer will be reimbursed for any fees already paid.
5.4 Order Cancellation
Following the order, the Service is delivered digitally, notably by download or in a member zone. The terms of access to the Services are sent to the Customer by email, enabling access to his Account.
For a Service comprising one or more modules, delivery refers to the provision of the first module, session or document of the Service ordered using the identifiers created by the Customer or provided by VERT DE GRIS after the order. The Customer expressly accepts that he may not request immediate access to all modules immediately after placing his order, but that these may be delivered according to a schedule specified on the Site.
6. RIGHT OF WITHDRAWAL
In accordance with article L.221-28 13° of the French Consumer Code, the right of withdrawal enjoyed by the consumer customer in the context of a contract concluded at a distance, cannot be exercised in respect of a contract :
audio or video recordings or computer software when unsealed by the consumer after delivery;
the supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.
In this case, any order for Services in digital format entails the supply of digital content that is not provided on a physical medium.
Consequently, by accepting the GTCU at the time of ordering, You expressly request to be able to access the Service before the end of the withdrawal period, which You declare to waive at the time of payment and upon reading these GTCU by checking the box provided for this purpose.
The Services are provided at the prices displayed on the Site.
Prices are in euros and may be increased of VAT depending of your location. The applicable VAT rate shall be the applicable rate on the date of the order. It is the responsibility of any professional customer to carry out all necessary checks and to comply with their tax obligations, particularly with regard to VAT, for which the Customer is solely responsible.
VERT DE GRIS reserves the right, at its own discretion, to offer promotional offers or price reductions. No retrocession of a price differential between your purchase price and the price displayed after your purchase will be applied.
All customs duties, other taxes or any fees (such as exchange fee) are the sole responsibility of the Customer. We cannot assume any liability in this respect, and you are solely responsible.
We reserve the right to modify our prices at any time, it being understood that the price displayed on the Site when the order is placed will be the only price applicable to the Customer.
8. TERMS OF PAYMENT
Payment may be made by credit card, using the secure online payment service indicated on the Site, or by any other means proposed on the Site at the time of ordering. You are informed that cards issued by banks not registered in France must be international bank cards (Mastercard or Visa).
The Customer guarantees VERT DE GRIS that he/she has the necessary authorizations to use the chosen method of payment.
By communicating your bank details at the time of sale and by validating your order, You authorize Us (or our partners, payment service providers) to send instructions to your bank to debit the bank account whose details You have provided, according to any deadlines indicated in the order summary, and You authorize Us to debit your account for the amount of the price indicated on the Site for the corresponding Service.
The full price is payable at the time of order, subject to any payment facilities offered by VERT DE GRIS. Where applicable, no discount will be applied for early payment.
Payments made by the Customer will only be considered definitive once the amounts due have been received by the Customer. Any access rights will then be issued once payment has been received and sent to the Customer by e-mail.
An invoice is issued within a reasonable time after the order is placed. It is sent to the customer or, failing that, is available on request.
8.1 Payment Facilities
If We offer the possibility of paying a fixed price in instalments, this is not a no-obligation payment or a monthly subscription, but a payment schedule for the price of the Service. The full price, corresponding to the sum of the instalments, is due, regardless of the number of payments envisaged. This payment facility does not constitute a bank credit.
When payment in instalments is offered, the first instalment is paid on the day the order is placed, and subsequent instalments are paid at an interval specified in the order summary (unless otherwise stated, one month between instalments). In this case, you guarantee the validity of your bank details until the last scheduled payment date. We reserve the right to refuse an order in several instalments if the bank card expires before the last scheduled payment or if the secure payment service provider objects.
We offer the Customer the option of choosing the direct debit method of their choice, provided by third parties to the Site over which We have no control (by way of example, by an online payment system provided by Stripe, Apple Pay, Google Pay). The Customer pays for the access set by the Customer at the time of ordering via one of these payment solutions by credit card or any other means that We make available on the Site at the time of ordering.
In the case of recurring payment, the Customer commits to a payment period and amount which cannot be changed before the end of the commitment period, unless terminated during the warranty period specific to each Service.
8.2 Payment Incidents
In the event of a payment incident, VERT DE GRIS may contact the Customer to request additional documents in order to complete payment of the order. VERT DE GRIS may rely on information provided by the order analysis system. The provision of the requested documents is necessary for VERT DE GRIS to confirm the order. In order to combat credit card fraud, VERT DE GRIS may carry out a visual check of the means of payment before making the Service available. In the event of fraudulent use of a credit card, the Customer is invited to contact VERT DE GRIS as soon as such use is detected, without prejudice to the steps that the Customer must take with his bank.
We hereby inform You that in the event of a payment problem on a recurring payment, the refusal to authorize payment of a due date reported by the Customer's banking establishment will result, without prior formal notice, in the application of a late payment penalty payable on the day following the due payment date, equal to three times the legal interest rate in force on the day of the order, and a fixed indemnity for collection costs of forty (40) euros. Late payment penalties will be calculated on the basis of the price of the Services still owed by the Customer. You will also lose your access to the Training Platform allowing access to the Service. You will only regain access once the payment incident has been resolved.
If the Customer does not remedy the unpaid situation within fifteen (15) days of the payment date stipulated in the payment schedule, VERT DE GRIS reserves the right to terminate the sale, to cut off the Customer's access to the Services and to claim damages, if applicable, without the Customer being able to claim reimbursement of sums already paid prior to termination.
In the event of non-payment or late payment by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, We shall not be obliged to deliver access and We reserve the right to suspend access to the Service or to cancel any order.
9. USE OF THE SITE AND SERVICES
9.1 Site Availability
We make every effort to ensure access to and operation of the Site and Platform 24 hours a day, 7 days a week.
VERT DE GRIS also makes its best efforts, in accordance with the rules of the art, to provide and secure the Platform and the Services in view of the complexity of the Internet. However, VERT DE GRIS cannot guarantee absolute and permanent accessibility or availability of the Platform.
Thus, access to and operation of the Platform and Services may be interrupted in the event of force majeure, malfunction of the Customer's equipment, malfunction of the Customer's Internet network, maintenance operations to improve the Site and Services, without this list being exhaustive.
VERT DE GRIS cannot be held responsible for any interruption of the Site and Services, whether voluntary or involuntary, it being specified that it undertakes to make its best efforts to limit any interruptions for which it is responsible.
Furthermore, VERT DE GRIS reserves the right to temporarily close the Site and the Platform or access to the Services in order to carry out maintenance of the Site or updates, modifications or improvements that it deems necessary and useful, and/or required by technical or regulatory developments, without prior notice or compensation.
The Customer declares that he accepts the characteristics, limits and risks associated with the use of the Internet. He acknowledges that he is aware of the nature of the Internet network, and in particular its technical performance and response times for consulting, querying or transferring information data.
The Customer must inform VERT DE GRIS of any failure of the Platform or the Services as soon as he/she is aware of it via a notification to be sent to VERT DE GRIS by this contact form . Only the date of receipt of the contact email will be taken as proof.
The Customer may access, via hypertext links on the Site or as part of a Service, third-party sites, designed and managed under the responsibility of third parties, which are not subject to the GTC. The Customer is therefore invited to take cognizance of the contractual conditions of use or sale, as well as the privacy policies or any other legal information, applicable to these third-party sites.
VERT DE GRIS has no control over these sites and their content, and declines all responsibility for their content and the use made by any third party of the information contained therein.
If a third-party site directs its users to the Site, We reserve the right to request the removal of the hypertext link pointing to the Site if We consider that this link does not comply with Our rights and legitimate interests.
9.3 Use of the Account
You can access your Account at any time by logging in with your login and password.
You undertake to use your Account personally and not to allow any third party to use it in your place or on your behalf, unless you assume full responsibility. You shall be liable for any fraudulent or abusive use of your identification codes and your Account.
You are likewise responsible for maintaining the confidentiality of your login and password, any access to the Site and Account using the latter being deemed to have been made by You. You must immediately contact VERT DE GRIS at the address and phone number mentioned at the top of the GTC if You notice that your Account has been used without your knowledge. You acknowledge that VERT DE GRIS has the right to take all appropriate measures in such a case. In the event of violation of the identification keys, We reserve the right to suspend the Service, without indemnity, prior notice or prior information.
9.4 Account Suspension and Closure
Any Customer may request the temporary deactivation or permanent closure of their Account at any time by contacting VERT DE GRIS via the contact form . VERT DE GRIS will not reimburse or pay any compensation, even if the access period for Services ordered has not yet expired.
On closure of the Account, the Account and the data provided by the Customer will be deleted, with the exception of data required by law to be retained.
Furthermore, VERT DE GRIS expressly reserves the right to temporarily and/or definitively suspend, automatically and without further formality, a Customer's account in the following cases:
failure to comply with the conditions of access to the Services defined in article 3 of the GTC,
non-compliance by the Customer with any of the obligations stipulated in the GTC,
the email address provided by the Customer is invalid,
VERT DE GRIS has objective reasons to believe that the security of the Site or Services has been compromised,
the Customer's means of identification are used without authorization,
in the event of inactivity of the Customer's account over a period of twenty-four (24) consecutive months from the last connection of the Customer to his account.
10. INTELLECTUAL PROPERTY
10.1 Content of the Site and Services
We are the exclusive owners of all intellectual property rights on our Site, Services, content, tools, products and services, all of which are protected by international copyright and intellectual property laws. Any reproduction, in whole or in part, is strictly prohibited and may result in legal action.
The content of the Site and Services including, but not limited to, its general structure, images, texts, videos, logos, graphics and icons, tools, best practices, mini-cases, etc. are the exclusive property of Vert de Gris and are protected by French and international intellectual property laws. This property right includes the databases on the Site, which are protected under the sui generis right of database producers.
Elements of the Site or Services (including but not limited to content and educational materials in any form: video, paper, electronic, digital, oral, audio ...), taken as a whole or individually, may not be used, transformed, translated, adapted, reproduced, exploited, extracted, stored, transferred, in whole or in part, qualitatively or quantitatively, substantially or not, not expressly authorized by VERT DE GRIS, under penalty of prosecution.
This means, in particular, that you may not download or copy and paste such content unless expressly authorized to do so by VERT DE GRIS. Such use constitutes counterfeiting and/or infringement of related rights, punishable under the French Intellectual Property Code.
The fact that VERT DE GRIS does not initiate proceedings as soon as it becomes aware of such unauthorized use does not imply acceptance of said use and waiver of prosecution.
In addition, the Customer shall refrain from using and exploiting the content of the Service to train other persons, including his employees or entourage. The Customer is liable for any unauthorized transfer or communication of all or part of the content of the Service. The Customer shall also be liable for any unauthorized transfer or communication of the content of the Service, or for any sharing whatsoever of the Customer's login and/or access codes. The Customer is responsible for the respect of VERT DE GRIS's intellectual property rights by all its employees who may have access to the restricted contents of the Site and all the contents of the Service.
In return for payment of the price by the Customer, the content and information transmitted as part of the Services are subject to a personal, non-transferable and non-exclusive right of use for a limited period, which varies according to the purchased Service. With the exception of authorized personal or commercial use of the information within the framework of the Customer's business, any exploitation, reproduction, representation, modification, publication, transmission, distortion, in whole or in part, of the contents of the Service, as well as the databases appearing, where applicable, on the digital platforms accessible during the Service, are strictly forbidden, whatever the process and medium used.
In any event, We remain the sole owners of our tools, methods and know-how developed prior to or in connection with the Service provided to the Customer.
The trademarks, logos, corporate names, acronyms, trade names, signs, domain names, names of products and services used on this Site and in the Services, whether registered or not, (the "Trademarks"), including in particular "Vert de Gris", constitute distinctive signs or trade names of VERT DE GRIS which may not be used without the express, written and prior authorization of their owner.
Nothing contained on the Site or Services should be construed as granting any license or right to use any Trademark displayed on the Site or Services without the written permission of VERT DE GRIS.
Any reproduction, representation, exploitation or use, in whole or in part, of these Trademarks made from elements of the Site or a Service without the express written authorization of VERT DE GRIS constitutes an act of counterfeiting punishable by the legal provisions in force.
11. WARRANTY OF CONFORMITY
THE CUSTOMER IS EXPRESSLY INFORMED THAT THIS WARRANTY DOES NOT APPLY TO PROFESSIONAL CUSTOMERS AND TO SERVICES OTHER THAN DIGITAL SERVICES, WHETHER OR NOT VERT DE GRIS USES DIGITAL FORMATS OR MEANS TO CREATE THE SERVICE PRODUCT, SUPPLY IT OR TRANSMIT IT TO THE CONSUMER.
We undertake to do our utmost to provide the Service during the period agreed in the order, except in the event of breakdown or technical constraints linked to the specific characteristics of the Internet network or third-party solutions used.
The Customer may use the Service within the limits of reasonable use. The Customer undertakes to inform Us immediately upon discovery of any technical malfunction. In the event of a service interruption by VERT DE GRIS, linked to a corrective maintenance operation, We will make every effort to remedy the malfunction within a reasonable time.
The Services sold via the Site comply with the regulations in force in France. VERT DE GRIS cannot be held responsible for any failure to comply with the legislation of the country in which the Services are available, which it is the Customer's responsibility to check.
No guarantee can be given concerning the achievement of objectives set by the Customer or an expected result. VERT DE GRIS and its service providers cannot be held responsible for partial or complete failure on the part of the Customer to achieve an objective. VERT DE GRIS makes no commitment whatsoever regarding a result, but rather regarding the provision of resources, for both consumer and professional customers.
The above stipulations do not preclude the application of the legal warranty of conformity and that relating to defects in the goods sold.
12. LIMITATION OF LIABILITY
We cannot be held liable for technical or software failures or any other causes beyond our control.
As the security and integrity of communications on the Internet cannot be guaranteed, We accept no responsibility for the consequences of technical failures on the Site or in connection with the Site, in particular with regard to any difficulty of access.
Whatever the type of Service, the liability of VERT DE GRIS is expressly limited in all cases to compensation for proven direct damage proven by the Customer. With respect to professional customers, VERT DE GRIS's liability is limited in all cases to the amount of the price paid by the Customer for the Service ordered.
Under no circumstances may VERT DE GRIS be held liable for indirect damage such as, but not limited to, loss of data, files, operating loss, commercial loss, loss of earnings, damage to image and reputation, damage caused to the Customer's equipment when accessing the Site or the Service, resulting either from the use of equipment that does not meet the specified conditions, or from the appearance of a bug or incompatibility. VERT DE GRIS shall not be held liable for any disputes arising between the Customer and its own customers.
Under no circumstances may we be held responsible for information published on sites to which hypertext links on the Site or Services refer, or for any damage of any kind whatsoever resulting from access to such sites.
The use and exploitation of the information provided under the Service are under your sole responsibility and at your own risk. You are solely responsible for the interpretations that You make of the information provided under the Services and for the advice that You deduce therefrom and the adaptations made for your own business.
13. FORCE MAJEURE
We cannot be held liable to the customer in the event of non-performance of our obligations resulting either from an act attributable to the customer, or from the unforeseeable and insurmountable act of a third party to the contract, or from an event of force majeure.
The following are considered to be cases of force majeure or fortuitous event, without this list being limitative: strikes or industrial disputes internal or external to VERT DE GRIS, natural disasters, fires, attacks, riots, insurrections, wars, government actions, epidemics, disruption, interruption or blockage of telecommunication networks, means of transport or postal services, including as a result of strikes, as well as damage caused by viruses for which the security measures available on the market do not allow their eradication.
In the event of incapacity to work of the expert(s) in charge of the Service within VERT DE GRIS, due to illness, accident, family reasons, paternity/maternity leave, etc., We reserve the right to modify the planned schedule without the Customer being able to demand payment of compensation. We will notify You within a reasonable time of the incapacity and, as far as possible, of its duration.
14. MEDIATION AND DISPUTE RESOLUTION
14.1 Amicable resolution
If you have any questions or complaints, please first contact our customer service department by this contact form so that we can work with you to find a solution.
In the event of difficulty in the application of the present contract, the consumer customer residing in Europe has the possibility, before any legal action, of requesting the recourse of a consumer mediator identifiable on the site https://www.economie.gouv.fr/mediation-conso.
The mediator will attempt, independently and impartially, to bring the parties together with a view to reaching 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 refer to the Online Dispute Resolution (ODR) platform accessible from the following URL address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
14.3 Disputes between professionals
IN THE EVENT OF A DISPUTE ARISING BETWEEN A PROFESSIONAL CUSTOMER AND VERT DE GRIS CONCERNING THE SERVICE, INTERPRETATION, EXECUTION AND/OR TERMINATION OF THE CONTRACT, EXCLUSIVE JURISDICTION IS GRANTED TO THE COMPETENT COURTS OF RENNES, FRANCE, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES, EVEN FOR EMERGENCY PROCEDURES OR PROTECTIVE PROCEDURES BY WAY OF SUMMARY PROCEEDINGS OR PETITION.
15. APPLICABLE LAW
These GTC are governed by French law. The French version of these GTC shall prevail in any event, this English translation being provided as a curtesy only.
The nullity of a contractual clause does not entail the nullity of the GTC as a whole. The temporary or permanent non-application of one or more clauses of the GTC by VERT DE GRIS shall not constitute a waiver of the other clauses of the GTC, which shall continue to have effect.
GTC: these General Terms and Conditions of Sale and Use
Customer / You: the natural or legal person, consumer or professional, ordering Service(s) from VERT DE GRIS.
Account: the account opened in the Customer's name following his registration on the Site, which enables him/her to manage his/her purchases in a form and according to the technical means that VERT DE GRIS deems most appropriate.
Platform: site or platform (partners or others), designed and managed under the responsibility of third parties, which may be necessary to take advantage of the Services and, in particular, to access online training courses.
Service(s): all training products and services for consumer or professional customers
VERT DE GRIS / Us / We: Vert de Gris SAS, a French company registered with the Saint Brieuc Trade and Companies Registry under number 917 431 637, having its registered office at 4 rue Yves Briand, 22300 Lannion, France.