General Terms and Conditions for OT Formations and Editions Terres d’Essences
Date of last update: 26/03/2020
Downloading of digital books (PDF format) is a service offered by www.otformations.com.
Application of the terms and conditions of use for digital book download from the website www.otformations.com.
These terms and conditions only apply to all downloads of publications from Terres d’Essences.
TERMS AND CONDITIONS OF USE OF DIGITAL FILES
This website aims to promote legal downloading while respecting the rights of all authors. Respect authors’ copyright. The unauthorized reproduction of protected content, in whatever medium or format is a criminal offense. Exceptions to this principle are defined exhaustively and restrictively by law. We invite you to take note of said exceptions, and to systematically check the extent of the rights you have.
The files are protected by DRM (Digital Rights Management), which are measures to protect the digital rights of the files to which you have access as part of the digital book offer.
Reading, transferring, and copying are limited to private use, pursuant to the Distributors’/Publishers’ user license in Appendix 1 of these general terms and conditions.
ARTICLE 1 – GENERAL PROVISIONS
These terms and conditions only apply to the digital book download offer (PDF format) on www.otformations.com, accessible from the “Publications” tab, hereinafter also referred to as “the Service”. These terms and conditions apply to the exclusion of all other terms and conditions, in particular those in force for online sales or services linked to other content.
You agree to provide true and accurate information about yourself.
These provisions are without prejudice to the legal provisions on this subject, and in particular those provided for in the French Consumer and Intellectual Property Codes.
The service is reserved for private individuals and adults and cannot be used for professional purposes. OT FORMATIONS may make any changes it deems necessary to this service. These general terms and conditions will be those in force on the website at the date of order confirmation. We therefore recommend you check back here regularly in order to stay up to date with developments of the service.
Unless proven otherwise, any data recorded by OT FORMATIONS constitutes proof of all transactions between OT FORMATIONS and its clients.
ARTICLE 2 – ORDERS
To place an order, you must have the legal capacity to contract and be the holder of a personal credit card or a valid bank account.
You declare that you have read and accepted these General Terms and Conditions of Sale before confirming your order. Validation of your order therefore implies acceptance of these General Terms and Conditions of Sale.
The act of purchasing implies the customer’s acceptance of these general terms and conditions for downloads, and the user license in Appendix 1, including the general technical terms and constraints related to the purchase of digital files.
Once your online order has been validated, it can no longer be canceled after acceptance of payment.
ARTICLE 3 – PRICES
The price of digital books (PDF format) is shown in Euros and includes all taxes.
Confirming the order implies your obligation to pay the price shown.
Communication costs related to the use of the Service remain the user’s responsibility. OT FORMATIONS reserves the right to modify the prices or these general terms and conditions at any time, but the products or services will be invoiced on the basis of the prices and conditions prevailing at the time of order validation.
ARTICLE 4 – PAYMENT
Payment for your purchases is made via our partner Stripe:
- Either by credit card: Visa, MasterCard, other credit cards
- Or by PayPal
Credit cards are debited upon ordering.
An invoice can be issued on request.
ARTICLE 5 – NO RIGHT OF WITHDRAWAL
Pursuant to prevailing legal provisions concerning digital content supply services, you expressly agree that provision of the digital book(s) begins as soon as your order is confirmed, i.e. before the end of a 14-day period and you therefore expressly waive your right of withdrawal. No request for withdrawal, cancellation or refund will be accepted during this period.
Your acceptance that provision of the digital content begins immediately, and express waiver of the right of withdrawal for said content, is formalized when the digital content order is confirmed.
Consequently, all purchases of digital content are firm and final. Therefore they may not give rise to an exchange, refund or exercise of your right of withdrawal.
ARTICLE 6 – GUARANTEE OF CONFORMITY
We undertake to refund or exchange any damaged files. In this case, we would be grateful if you could report the issue(s) encountered, giving as much detail as possible. OT FORMATIONS will exchange or reimburse the damaged file(s), as you prefer. In any event, you benefit from the legal guarantees of conformity and hidden defects (referred to below), pursuant to prevailing legal provisions, the legislation of which is specified in Appendix 2 of these general terms and conditions.
It is recalled that under the legal guarantee of conformity, the consumer:
- has a period of two years from delivery of the item to take action against the seller;
- may choose between repairing or replacing the item, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code;
- is exempted from proving the existence of the lack of conformity of the goods during the six months following delivery thereof. Since March 18, 2016 this period has been extended to 24 months, except for second-hand goods.
- The legal guarantee of conformity applies independently of any commercial guarantee that may cover your item. It is recalled that the consumer can decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the French Civil Code and that in this case, said consumer has the choice to return the thing and have the price repaid, or to keep the thing and have part of the price repaid, pursuant to Article 1644 of the aforementioned Code.
ARTICLE 7 – CUSTOMER SERVICE
- If you meet any difficulties, you may contact us for further information or to ask a question:
- By email: email@example.com
- By post: 23 ter Chemin des Ananas, 97425 Les Avirons
ARTICLE 8 – INTELLECTUAL PROPERTY
8.1 – All digital book files, texts, comments, illustrations, works and images reproduced on www.otformations.com are strictly reserved under copyright and intellectual property law by their owners and for the whole world. In this respect, and pursuant to the provisions of the Intellectual Property Code, only private use, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorized. Any reproduction or representation, in whole or in part, of www.otformations.com or of all or part of the elements found therein for purposes other than those in accordance with its intended purpose, is strictly prohibited, and will be considered as copyright infringement liable to criminal prosecution. Any resale, exchange, or rental of files, or transfer thereof to a third party, is strictly prohibited.
The customer only has a personal right to use these files in a strictly private context and free of charge. Any use outside said context and not in accordance with the Distributors’/Publishers’ license of use listed in Appendix 1 is strictly prohibited, and any use other than for private purposes exposes the customer to civil and/or criminal legal proceedings.
You are reminded that the digital book files accessible through the Digital Book Offer include identification details and/or technical measures to control and restrict use, or to protect against third parties. You undertake not to tamper with these details or measures and/or not to modify or remove them. You agree not to attempt to override or modify the software required to use the service and not to violate these terms and conditions nor to obstruct, alter or remove any information relating to the rights management of the products, nor to encourage or assist third parties to carry out such acts.
8.2 Licenses to use the Distributors’/Publishers’ products
Distributors’/Publishers’ terms and conditions of use are set out in the user license in Appendix 1 of these general terms and conditions.
8.3 – Any company names, brands and distinctive signs reproduced on www.otformations.com are protected under trademark law. Reproduction or representation of all or part of one of the above-mentioned elements is strictly forbidden and must be subject to prior written consent from the brand owner.
ARTICLE 9 – COMMITMENTS TO USE THE SERVICE – LIABILITY
9.1 – Commitment to use
You agree to:
- not use the Service for illegal purposes.
- not make commercial use of the information, services and content provided on www.otformations.com.
9.2 – Liability
OT Formations undertakes to make its best efforts to secure its site. Nevertheless, as no website is tamperproof, OT FORMATIONS cannot be held liable if unwanted data is imported and installed on its site without its knowledge, or if, on the contrary, data transmitted by the customer to manage their order is diverted for illicit use by third parties.
Furthermore, OT FORMATIONS cannot be held liable for technical problems independent of its service, such as: communication problems due to the customer’s internet access provider (a slow or interrupted connection is always possible), constraints and limits of the internet network, especially as regards data information transmission via networks and data breaches. For technical reasons, in particular maintenance or network failure, services may be momentarily interrupted.
Moreover, it is up to the customer to take all appropriate measures to protect their own data and software from contamination by any computer “viruses”, and under no circumstances may OT FORMATIONS be held liable for any damage that may result therefrom such as loss of data or damage to computer equipment.
In some countries, the prevailing laws prohibit or restrict free access to certain intellectual works; the customer undertakes to check that there are no similar prohibitions or restrictions concerning the digital files ordered in the jurisdiction where their order is placed. If the order is of an illicit nature, OT FORMATIONS may not be held liable for the digital books, downloading of the order, and any use that the customer makes thereof.
The customer is solely responsible for the use they make of the service, and cannot hold OT FORMATIONS liable for any claim and/or procedure made against them.
ARTICLE 10 – APPLICABLE LAW – DISPUTES – HANDLING OF CLAIMS – MEDIATION
Applicable law: This contract is subject to French law. The original language of this contract is French and if this document is translated, the French version prevails. In the event of a dispute, French courts will have exclusive jurisdiction.
Handling claims: For any complaint, you may contact customer service using the contact details mentioned in Article 7 of these terms and conditions.
You may use the mediation service for consumer disputes related to an order placed with OT FORMATIONS on the internet. In accordance with the rules applicable to mediation, any consumer dispute must be submitted beforehand in writing to OT FORMATIONS Consumer Service (23 T CHEMIN DES ANANAS – 97425 LES AVIRONS).
After the consumer has made a prior written request to OT FORMATIONS, the Mediation Service may be contacted for any consumer dispute which has not been settled successfully.
To find out how to contact the Mediator see http://www.mediateurfevad.fr/index.php/espace-consommateur/.
Online Dispute Resolution Platform: In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform to facilitate independent out-of-court settlement of online disputes between consumers and professionals in the European Union.
The platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
ARTICLE 11 – PERSONAL INFORMATION
Digital book downloading on www.otformations.com is a service of OT FORMATIONS.
OT FORMATIONS is required to collect and manage your information and data electronically in order to manage your digital book order and monitor its commercial relationship with you. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and to enable us to improve and personalize the services offered to you as well as any information sent to you.
Pursuant to the French Data Protection Act of January 6, 1978, you have the right to access, question, rectify and oppose any personal data concerning you. All you have to do is to send us an email at firstname.lastname@example.org or write to
23 ter, Chemin des Ananas
97425 Les Avirons, Reunion Island
indicating your full name and email address. In accordance with prevailing regulations, your request must be signed and accompanied by a photocopy of an identity document that bears your signature, stating the address to which the reply should be sent. A reply will be sent to you no later than 2 months following receipt of the request.
Existence of a list to opt out of telephone cold calling: if your telephone number is collected when your account is created or when placing an order, it will only be used to fulfill your order correctly, or to contact you to offer new services. Without prejudice to the above, and pursuant to legal provisions, you are informed that you may, if you so wish, register on a list to opt out of telephone cold calling. You can register on this list free of charge, and it is applicable to all professionals except those with whom you have already entered into a contract.
ARTICLE 12 – VALIDATION
You declare that before placing your order you have read and accepted these general terms and conditions, in particular the information on the characteristics and price of the digital books ordered, as well as the conditions specific to each Distributor/Publisher. You declare that you have full legal capacity to place an order and accept these general terms and conditions.
Date of last update: 26/03/2020
APPENDIX 1 – USER LICENSE
ART. 1: PURPOSE
This User License (hereinafter “the License”) only concerns sales of Digital Content downloaded from the website www.otformations.com (hereinafter “the Website”) for the Publisher/Distributor offer, it being specified that the download is intended solely for non-reseller customers. These provisions are in addition to OT FORMATIONS’ general terms and conditions for Digital Book Downloading.
Downloading is understood to mean transmission and reproduction, for the sole purpose of reading by the customer, of a file containing Digital Content on different reading devices according to various file formats and technical and material conditions. Access to the Digital Content requires an internet connection as well as reading software compatible with the Adobe Content Server 4 DRM system (e.g. Adobe Digital Edition).
ART. 2: TECHNICAL CONDITIONS FOR DOWNLOADING
The general technical conditions relating to download of Digital Content are detailed on the Website.
The specific technical conditions and restrictions related to downloading Digital Content are presented on the product sheet of each Digital Content item.
If a problem persists and the download link cannot be activated, you may request that your order be exchanged or reimbursed by contacting OT Formations Customer Service.
ART. 3: TECHNICAL PROTECTION MEASURES
Digital Content purchased on the Website is secured by technical protection measures allowing its use and reproduction to be monitored.
Infringement of technical protection measures is punishable by specific offenses referred to in Article L 335-3-1 et seq. of the French Intellectual Property Code.
The Publishers/Distributors will endeavor to use technical protection measures compatible with the greatest range of reading software. The protection conditions and any incompatibilities will be mentioned on the product sheet of the Digital Content concerned in the “digital rights” section.
Any technical protection measures are generally compatible with the Adobe Content Server 4 protection system.
ART. 4: COPYRIGHT PROTECTION
Digital Content presented on the website is intended strictly for private use. Any reproduction, representation or collective public use is prohibited.
The license to use the Digital Content is limited to Europe + Switzerland, subject to any special restrictions specific to the Publisher/Distributor and specified when each Digital Content was purchased.
Furthermore, any exchange, resale, or rental of the Digital Content to a third party is strictly forbidden and will be considered as an infringement of copyright, liable to criminal prosecution.
The Digital Content as well as all elements included on the product sheet of each Digital Content (particularly any texts, comments, illustrations, logos, and iconographic documents) are protected by the Intellectual Property Code and by applicable international standards.
You expressly undertake to keep confidential the download link that will be sent to you and not to disclose it in any form whatsoever to a third party.
ART. 5: LIABILITY
Publishers and broadcasters cannot be held liable for interruptions in services due to the characteristics and limits of the internet, in particular in the event of interruptions in access to networks, technical performance and response times for consulting, querying or transferring information contained in the Website or Digital Content.
Publishers and Distributors are in no way responsible for interruptions in the Website’s services due to technical or other difficulties.
Moreover, the Distributor is in no way responsible for developments in reading software that may prevent compatibility between the technical protection measures referred to in Article 2 and said reading software.
Prevailing legislation in some countries may prohibit or restrict free access to certain intellectual works; in this context, the customer undertakes to ensure that there are no hindrances to transmission of the Digital Content ordered as regards legislation in the jurisdiction where the order is placed, thereby ensuring that the liability of the Distributor and/or Publisher may not be incurred under any circumstances.
Given the intrinsic characteristics of the internet, Publishers and Distributors do not guarantee you against any risks of misappropriation, intrusion, contamination, and hacking of your data, programs, and files. It is your responsibility to take all proper measures to protect your own data, programs and files, particularly against computer viruses.
ART. 6: MODIFICATIONS TO THE USER LICENSE
The Publisher/Distributor reserves the right to alter at any time all or part of the provisions of this License. These potential modifications will be enforceable from the moment they are posted online, and cannot be applied to orders sent previously.
ART. 7: APPLICABLE LAW
French law is the only applicable law. In the event this document is translated, the French version prevails.
ARTICLE L. 211-4 OF THE FRENCH CONSUMER CODE
The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. They are also held liable for any lack of conformity caused by the packaging or the assembly instructions or installation if they assumed responsibility therefor, or had it carried out under their responsibility.
ARTICLE L. 211-5 OF THE FRENCH CONSUMER CODE
To conform to the contract, the product must be:
- suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the purchaser in the form of a sample or model;
- have the features that a purchaser might reasonably expect it to have considering the public statements made by the seller, the manufacturer, or their representative, including advertising and labeling;
- Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the purchaser, which was made known to the seller and which the latter agreed to.
ARTICLE L. 211-12 OF THE FRENCH CONSUMER CODE
Action resulting from lack of conformity lapses two years after delivery of the product.
ARTICLE 1641 OF THE FRENCH CIVIL CODE
A seller is bound to a warranty against hidden defects of the thing sold which render it unfit for its intended use, or which so impair its use that the purchaser would not have bought it, or would only have given a lesser price for it had they known of the defects.
ARTICLE 1648 SUB-PARAGRAPH 1 OF THE FRENCH CIVIL CODE
An action resulting from redhibitory vices must be brought by the purchaser within two years from the discovery of the vice.