Our general sales conditions
Article 1 - Scope of the general conditions of sale of DAATA CERTIFICATION:
These general conditions of sale apply automatically to all orders and to all e-learning training subscriptions (corresponding to training modules in a secure electronic space, in e-learning mode or Open and Distance Training - FOAD, accessible from its platform) passed on this merchant site to the exclusion of all other distribution channels.
These orders are concluded between, Mrs. NATHALIE DOARÉ, owner of the DAATA-ICDG Certification brand and of the DAATA LABEL, whose head office is located at 84 rue des forges 50660 Orval sur Sienne and whose registration is 78857747600021, and Professional Customers or non-professionals (individuals subscribing to e-learning training individually and at their own expense).
Mrs NATHALIE DOARÉ reserves the right to modify these conditions at any time. The general conditions are those in force on the site on the date the order is placed. The fact of placing an order implies full acceptance by the Customer of these general conditions, which the Customer declares to have read before placing an Order, as well as compliance with the obligations arising from the French Code of intellectual property and the license of access to the Site.
Article 2 - Prices:
Unless express specific conditions specific to the sale, the prices of e-learning training actions are those appearing in Euros in the catalog and the various brochures published by NATHALIE DOARÉ, on the day of the issue of the Training Agreement. The prices are also available on the company's website. These prices are, on this date, firm and final. It is recalled that the company NATHALIE DOARÉ is not subject to VAT on training actions.
Article 3 - Orders:
Ordering an e-learning training can be done in 2 ways
3.1) Or in full payment upon registration directly on the website www.daatacertification.com. The sums paid are neither exchangeable nor refundable.
3.2) or in monthly payment. The monthly payment does not constitute in any case a subscription but a staggered payment which cannot give rise to either cancellation or reimbursement. Upon registration, the full amount is deemed due and is subject to monthly payment.
3.3) Regardless of the type of registration chosen, the client obtains immediate and full access to the courses they have chosen. It is because of this unlimited access that stopping monthly payment is impossible.
3.4) Non-professional clients have a legal withdrawal period if they choose full payment upon registration, their access to the courses will be open only after this period has expired. In the event of monthly payment, they acknowledge upon registration that they waive the exercise of this right. They can expressly waive this right by completing a form made available to them on request in order to be able to access the training modules immediately without waiting for the withdrawal period.
Article 4 - Payment conditions for e-learning training:
4.1) Payment methods accepted by NATHALIE DOARÉ - DAATA:
Payment for training by e-learning is made in cash without discount: - Either by credit card (online payment) - Or by check payable to NATHALIE DOARÉ - Or by Paypal.
4.2) Bank card (online payment) Bank cards accepted are those of the Carte Bleue, Visa, Eurocard / MasterCard networks. The Customer communicates the sixteen digits and the expiry date of his credit card as well as, if applicable, the numbers of the visual cryptogram. By providing the information relating to his bank card, the Customer authorizes NATHALIE DOARÉ to debit his bank card for the amount corresponding to the price.
4.3) Check: In the event of payment by check, it must be issued by a bank domiciled in metropolitan France or Monaco and must be sent to NATHALIE DOARÉ. Access to online courses will only be activated upon receipt of full payment.
4.4) Previous default of payment: Any order from a Customer to NATHALIE DOARÉ, without having paid for the previous order (s), authorizes NATHALIE DOARÉ to refuse to honor the order and / or to deliver the training concerned, without the Customer being able to claim any compensation, for any reason whatsoever.
Article 5 - Effective date of the order:
5.1) For the Professional Customer: The order takes effect upon receipt by NATHALIE DOARÉ of full payment. In case of monthly payment, the order takes effect upon receipt of the first monthly payment.
5.2) For non-professional Customers who have taken out individual e-learning training and at their own expense:
5.2.2) If the Customer has expressly requested to have immediate access to the module (s) and has expressly waived the exercise of his right of withdrawal: The order takes effect from the receipt by NATHALIE DOARÉ, of the payment of the order and the request form for access to the module (s) before the expiry of the withdrawal period and express waiver of the exercise of the right of withdrawal, duly completed.
5.2.3) If the customer has not returned to NATHALIE DOARÉ the request form for access to the module (s) before the expiry of the withdrawal period and express waiver of the exercise of the right of withdrawal, duly completed : The order will take effect 14 days after sending NATHALIE DOARÉ full payment for the order.
Article 6 - Right of withdrawal: This option is reserved for French non-professional Customers acting as consumers:
6.1) Principle: The purchase of e-learning training on this website constituting a distance purchase, the French non-professional Customer acting as a consumer benefits, by virtue of article L.121-21 of the Code of Consumption, a right of withdrawal, without giving a reason, of 14 days from the signing of the Training Agreement. Article L. 121-21 of the Consumer Code (Replaced, L. n ° 2014-344, March 17, 2014, art. 9, I) The consumer has a period of fourteen days to exercise his right of withdrawal. a contract concluded at a distance, following canvassing by telephone or outside an establishment, without having to justify its decision or to bear other costs than those provided for in Articles L. 121-21-3 to L. 121-21- 5. Any clause by which the consumer gives up his right of withdrawal is void. The period mentioned in the first paragraph of this article runs from the date: 1 ° From the conclusion of the contract, for contracts for the provision of services and those mentioned in article L. 121-16-2; 2 ° Receipt of the goods by the consumer or a third party, other than the transporter, designated by him, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods. In the case of an order for several goods delivered separately or in the case of an order for a good made up of lots or multiple pieces whose delivery is spread over a defined period, the period starts from receipt. of the last good or lot or of the last part. For contracts providing for the regular delivery of goods during a defined period, the period starts from the receipt of the first good.
6.2) Exception: However, in accordance with Article L.121-21-8, 13 ° of the Consumer Code, the right of withdrawal will not apply if the following three conditions are met:
- the consumer has entered into a contract for the supply of digital content not supplied on a tangible medium,
- the consumer has given his prior and express consent to have immediate access to the module (s) by means of the form established for this purpose by NATHALIE DOARÉ as stated in paragraph 3.4),
- the consumer has expressly waived the exercise of his right of withdrawal using the form established for this purpose by NATHALIE DOARÉ as set out in paragraph 3.4.
6.3) Exercise of the right of withdrawal: To exercise the right of withdrawal, the Customer must notify his decision to withdraw from this contract by means of an unambiguous declaration (for example, letter sent by post, fax or email ). The Customer can use the model withdrawal form in appendix 1 hereof, but this is not mandatory. For the withdrawal period to be respected, it is sufficient for the Customer to send his declaration relating to the exercise of the right of withdrawal to NATHALIE DOARÉ before the expiry of the withdrawal period. Means of communication in instant messaging such as Messenger or WhatsApp are not considered as means of communication by these conditions. Only the official means of contact presented on the "Contact" page of the Website are concerned by this article.
6.4) Effect of withdrawal: In the event of withdrawal from the French non-professional Client who has subscribed to e-learning training on an individual basis and at his own expense, NATHALIE DOARÉ will reimburse him for all payments received from him without undue delay and, in any event, no later than fourteen days from the day on which NATHALIE DOARÉ is informed of her decision to withdraw from this contract. NATHALIE DOARÉ will reimburse using the same means of payment as that used by the Customer for the initial transaction, unless expressly agreed on a different means; in any case, this reimbursement will not incur costs for the Customer.
Article 7 - Cancellation of training by e-learning:
This option is reserved for non-professional French Customers who have subscribed to an individual e-learning course and at their own expense.
7.1) Procedure: Notwithstanding the exercise of a right of withdrawal for individuals acting as consumers as set out in article 6 hereof, the Customer who undertakes training on an individual basis and at his expense has, by virtue of Article L 6353-5 of the Labor Code, a withdrawal period of 10 days before the first connection. He must inform NATHALIE DOARÉ by registered letter with acknowledgment of receipt.
7.2) Reimbursement of training by e-learning: In the event of cancellation of training by e-learning, the Company NATHALIE DOARÉ will reimburse the Client, using the same means as those used by the Client for the initial payment, the all sums paid no later than 14 days following the date of receipt of the cancellation notification or the date of proof of sending, whichever comes first.
Article 8 - Access to the service:
8.1) Technical prerequisites: The Customer must ensure beforehand, and throughout the use of the service, the permanent compatibility of his technical environment with the platform used by the Company. After the preliminary test, he will not be able to claim any incompatibility or lack of access to the module (s).
8.2) Access to the module (s): Access to the module (s) is managed by the e-learning platform created by NATHALIE DOARÉ and is done using the usernames and passwords provided by NATHALIE DOARÉ . When registering, the customer himself creates a username and password which are known only to him, this information is not stored by NATHALIE DOARÉ. The username and password are therefore confidential, personal, non-transferable and non-transferable.
9.1) Right of personal use: The identifiers delivered electronically to the beneficiary are personal and confidential and may under no circumstances be transferred and / or shared with another employee or not of the Client or resold.
9.2) Responsibility: The Customer is responsible for the management and conservation of usernames and passwords. Consequently, it is the Customer's responsibility to implement all precautionary measures necessary for their protection and conservation. The Customer is responsible for the consequences of their use. NATHALIE DOARÉ can in no way be held responsible for any fraudulent use of the Customer's username and password. The Customer agrees to inform NATHALIE DOARÉ of any fraudulent use of the username and password as soon as he becomes aware of it. The Customer is solely responsible for the choice of the modules purchased, as well as for the use and interpretations that they make of them, the results that they obtain, the advice and actions that they deduce and / or issue.
9.3) Duration of access to the modules: Access to the training ordered is valid for a period of 12 months from the opening of the access rights to the Modules if the customer has paid the total amount upon registration. In the case of monthly payment, the access time corresponds to the duration of the monthly payment. After this period or if all rights are used, access will be terminated immediately and the Customer will have to place another order. Access to the Modules is available 24 hours a day, 7 days a week. There is no limit on the duration of each connection, except for possible breakdown or technical specificities of the Internet network. The Customer agrees to inform NATHALIE DOARÉ within 24 hours of any technical malfunction.
9.4) Technical malfunction: NATHALIE DOARÉ undertakes to remedy any technical malfunction within 24 working hours. After this period, NATHALIE DOARÉ will extend the duration of access to the module for a period corresponding to that of unavailability. However, NATHALIE DOARÉ can not be held responsible for connection difficulties in the event of a break in internet access or a break in connection, in particular due to:
- in a case of force majeure
- power cuts
- interruptions related to service providers, hosts and access providers
9.5) Maintenance: NATHALIE DOARÉ reserves the right to perform any maintenance operation on its server and will endeavor:
- notify the Customer at least 24 hours in advance
- to limit the time of interruption of the service to the strict minimum
- to extend access to the module for a period corresponding to that of the interruption of service.
The Customer agrees not to claim compensation in this regard and further declares that he accepts both the characteristics and the limits of the service provided by the Company.
9.6) Non-conformity and anomalies: By “non-conformity” we mean the lack of correspondence between the module (s) delivered and those purchased by the customer. By "anomaly" is meant any incident, blockage, degradation of performance, failure, non-compliance with the functionalities defined in the documentation made available to the Customer and users on the website preventing normal use of all or part of the or module (s). NATHALIE DOARÉ does not guarantee the uninterrupted and error-free operation of the module (s). Any complaint relating to a non-conformity or an anomaly of the module (s) delivered in relation to the aforementioned documentation must be formulated in writing within 8 days of the opening of access to the module (s). (s). It will be up to the Customer to provide any justification as to the reality of the anomalies or non-conformities observed. Only the company can intervene on the module (s). The Customer will refrain from intervening himself or involving a third party for this purpose. However, the warranty does not apply if the anomaly has its origin in the following cases, without this list being exhaustive:
- the technical prerequisites have been modified without the prior consent of NATHALIE DOARÉ
- the anomalies observed relate to programs not provided by NATHALIE DOARÉ
- the anomalies are linked to improper handling or handling that does not comply with the documentation available on the website.
Article 10 - Associated Services:
The acquisition of NATHALIE DOARÉ e-learning access rights via the NATHALIE DOARÉ e-learning platform includes the following services:
- Putting the Client online.
- Registration of Learners
- Technical assistance for Learners by e-mail.
- Hosting of training data by the NATHALIE DOARÉ platform.
- Corrective maintenance and evolution of the NATHALIE DOARÉ Platform.
- Usage report.
Article 11- Certificate of training:
Students who decide to follow the DAATA training modules of NATHALIE DOARÉ must pass a knowledge control exam and obtain a result of at least 80% to obtain a training certificate.The examination procedures are different depending on the modules concerned and are clearly explained in the training dashboard for each student on the website www.daatacertification.com.
Article 12 - Confidentiality and protection of personal data:
• To be able to follow the training provided by NATHALIE DOARÉ, it is necessary to identify yourself using the connection identifiers created during registration. So that the beneficiary does not have to identify himself on each page visited, a "cookie" is used, a file saved on his machine during his visit to the site. This file does not contain any nominative information (only a session identifier) and is destroyed as soon as the browser is closed. No other "cookie" is used by NATHALIE DOARÉ.
• The protection of personal data is ensured in accordance with the provisions of the "Data confidentiality" article herein.
Article 13 - Customer Service:
For any information or question: Customer Service is available to Customers to place / track an order: • by phone at +33 9 51 87 07 07 • or by email at the following email address: firstname.lastname@example.org
For a possible complaint: by post or electronically, giving the reference and the date of the Order to the following address: NATHALIE DOARÉ, Formations DAATA, 84 rue des forges 50660 Orval sur Sienne, France or to the following email address: email@example.com
Article 14 - Intellectual property rights & Site access license:
All trademarks, whether figurative or not, and more generally all other trademarks, illustrations, images and logos appearing on the Products, their accessories and their packaging, whether registered or not, are and will remain the exclusive property of the right holder. . Any total or partial reproduction, modification or use of these brands, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of the rights holder, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logo and more generally any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model and patent which are the property of the right holder. For the purposes of accessing the Site, NATHALIE DOARÉ grants a license to access and use the Site for personal use.
Article 15 - Data Confidentiality:
The information requested from the Customer is necessary to process the order. In the event that the Customer consents to communicate individual personal data, he has an individual right of access, withdrawal and rectification of this data under the conditions provided for by law n ° 78-17 of 6 January 1978 relating to data processing, files and freedoms. The Customer must send any written request to the following address: NATHALIE DOARÉ, 84 rue des forges 50660 Orval sur Siena or to the following email address: firstname.lastname@example.org.
Article 16 - Applicable law - Attribution of competence:
French law alone governs our sales. In the event of a dispute, only the courts of Coutances will be competent and determined according to the rules of procedure. The attribution of jurisdiction to the Courts of Coutances is general and applies, whether it is a main claim, an incidental claim, an action on the merits or an interim relief, whatever the place of delivery and method of payment.
Identity of the Client: .............................................. .................................................. ..............
Customer's address: .............................................. .................................................. ............. ..................................... ..................................................
Signature of the Client (precede your signature with the words " I acknowledge having read these general conditions of sale and having accepted their terms prior to my order from NATHALIE DOARÉ ”):