Between the company Master Business (1), can be reached by email by clicking on the contact form accessible via the website navigation menu, hereinafter the « Seller » or the « Company », on the one hand,
And the natural person or legal entity proceeding to purchase products or services from the company, hereinafter, “the Buyer”, or “the Customer” on the other hand, it has been exposed and agreed as follows:
The Seller is a publisher of online training services for consumers, marketed through its website. (https://masterbusiness.com). The list and description of the goods and services offered by the Company can be consulted on the above-mentioned sites.
Article 1 : Objet
The present General Terms and Conditions of Sale determine the rights and obligations of the parties within the framework of the online sale of Products or Services offered by the Seller.
Article 2 : General provisions
These General Terms and Conditions of Sale (GTS) govern the sales of Products or Services, made through the Company’s websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who has accepted them before placing an order.
The Seller reserves the right to modify the present terms and conditions at any time by publishing a new version on its website. The applicable GTC then are those in force on the date of payment (or the first payment in case of multiple payments) of the order. These GTC can be consulted on the Company’s website at the following address : https://masterbusiness.com/en/cgv/.
The Company also ensures that their acceptance is clear and without reservation by setting up a checkbox and a validation click when the customer registers in its member area. The Client declares that he has read all of these General Terms and Conditions of Sale, and where applicable the Special Terms and Conditions of Sale linked to a product or service, and accepts them without restriction or reservation.
The Customer acknowledges that he has benefited from the advice and information necessary to ensure that the offer meets his needs.
The Customer declares that he is in a position to contract legally under Scottish law or validly represent the natural person or legal entity for which he is committing himself. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3 : Price
The prices of the products sold through the Internet sites are indicated in USD Dollars excluding taxes and precisely determined on the Product description pages. The Company reserves the right to modify its prices at any time in the future. The telecommunication costs necessary to access the Company’s Internet sites shall be borne by the Customer.
Article 4 : Conclusion of the online contract
CIn accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to complete his order: – Information on the essential characteristics of the Product; – Choice of the Product, where appropriate, its options – Indication of the essential details of the Customer (identification, email, address …); – Creation of a free member area – Acceptance of these Terms and Conditions of Sale – Verification of the elements of the order (formality of the double click) and, where appropriate, correction of errors. Before proceeding to its confirmation, the Buyer has the possibility to check the details of his order, its price, and to correct any errors, or to cancel his order. The confirmation of the order will lead to the formation of the present contract. – Then, instructions for payment, payment of the products, and delivery of the order will follow. The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. During the ordering process, the Customer will have the possibility to identify possible errors in the data entry and to correct them. The language offered for the conclusion of the contract is English.
The archiving of communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable support so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information may be produced as proof of the contract. For the products delivered, the delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order and if necessary, the Customer undertakes to provide true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5 : Products and Services
The essential characteristics of the services and their respective prices are made available to the buyer on the company’s websites. In accordance with article L112-1 of the French Consumer Code, the consumer is informed, by means of marking, labelling, display or any other appropriate process, of the prices and special conditions of sale and performance of the services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.
Contractual information is presented in detail and in English. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Services and their prices is specified on the Company’s websites, as well as the minimum duration of the proposed contracts when they relate to a continuous or periodic supply of services. Except in the case of special conditions, the rights granted hereunder are granted solely to the natural person signing the order (or the person holding the email address provided).
Article 6 : Compliance
Conforme?ment a? In accordance with article L.411-1 of the French Consumer Code, the services offered for sale through the present GCS comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection. Independently of any commercial guarantee, the Seller remains liable for defects of conformity and latent defects of the product.
In accordance with article L.217-4, the seller delivers a service in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
Article 7 : Retention of title clause
The services remain the property of the Company until full payment of the price.
Article 8 : Payment
Payment is due immediately upon ordering, including for pre-ordered services. The Customer may pay by credit card, Paypal or Bitcoin. Cards issued by banks domiciled outside France must be international bank cards (Mastercard, Visa or American Express). Secure online payments by credit card are made by our payment providers. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable.
By communicating his bank details at the time of the sale, the Customer authorises the Vendor 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 if it is impossible to debit the card, the Sale is immediately cancelled by operation of law and the order is cancelled.
Article 9 : Renonciation au droit de rétractation
Le droit de rétractation dans les 14 jours suivant la date de la commande ne peut être exercé dans le cas des services proposées par la Société. En effet, la fourniture du services est pleinement exécutée avant la fin du délai de rétractation. Lors de son achat, le consommateur renonce exprèssement à son droit de rétractation, comme le stipule l’article L.121-21-8 du Code de la consommation.
Article 10 : Re?clamations et me?diation
The Buyer may submit any complaint by contacting the company using the contact form available in the navigation menu of the website. In accordance with the provisions of Art. L. 611-1 to L. 616-3 of the French Consumer Code, the consumer is informed that he or she may have recourse to a consumer ombudsman under the conditions provided for in Title I of Book VI of the French Consumer Code.
In the event of failure to make a claim to the Seller’s customer service department, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will make an independent attempt to bring the parties together with a view to obtaining an amicable solution.
Article 11 : Intellectual Property Rights
The trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 12 : Force majeure
The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent performance. The seller shall notify the customer of the occurrence of such an event as soon as possible.
Article 13 : Nullity and amendment of the contract
If one of the stipulations of this contract were to be cancelled, this cancellation would not entail the cancellation of the other stipulations which will remain in force between the parties. Any contractual amendment shall only be valid after official notification by e-mail from the Company.
Article 14 : Protection of personal data
In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Vendor shall set up personal data processing for the purpose of selling and delivering the products and services defined in this contract. The Buyer may request to be informed of the identity and contact details of the data controller and, where applicable, of the representative of the data controller: the Seller, as indicated at the top of these GCS.
The Purchaser also has the right to ask the data controller for access to, correction or deletion of personal data, or a limitation of the processing relating to the data subject, or the right to object to the processing and the right to portability of the data.
Article 15 : Applicable law and clauses
All the clauses in these general terms and conditions of sale, as well as all the purchase and sale operations referred to therein, shall be subject to French law. The nullity of a contractual clause shall not entail the nullity of the present general terms and conditions of sale.
(1) : MB Corporate International LP – 101 Rose Street South Lane, EH23JG, Edinburgh, United Kingdom – Company Number : SL034026 ?