The present General Terms and Conditions of Sale are current as of February 1, 2018.
1. SCOPE OF APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
- The present General Terms and Conditions of Sale (hereinafter referred to as the “GTC” or the “Contract”) are entered into between EPITA, a Private Institution of Higher Education recognized by the French State, registered with the Rectorate of Créteil under number 094 2095 S, with its registered office located at 14/16 rue Voltaire, 94270 Le Kremlin-Bicêtre, France (hereinafter the “Company”), and the applicant (hereinafter the “Client”) who registers online for an event, a competitive examination, or any training program organized by one of the Company’s educational institutions. The Client and the Company are referred to individually as a “Party” and collectively as the “Parties.”
- They shall apply automatically to any sale of the following products and services (the “Services”), without this list being exhaustive, as well as to any other product or service offered to the Client by the Company or by any institution directly or indirectly owned by the Company :
- Registration for an event or an entrance examination for one of the Company’s educational institutions ;
- Purchase of services as specified on the various websites managed directly or indirectly by the Company.
These GTC are also intended to apply to any service provided by the Company that is negotiated and accepted by the Client on this basis.
2. APPLICATION AND ENFORCEABILITY OF THE GTC
- The purpose of these GTC is to define all the conditions under which the Company markets the products and services offered for sale to Clients online on the following websites: https://www.epita.fr (hereinafter referred to as the “Site(s)”). They therefore apply to any order (“Order”) of products or services placed by the Client on the Sites.
- The Client acknowledges having read and accepted these GTC prior to placing their Order.
- The validation of the Order and its related elements constitutes acceptance of these GTC. These terms are regularly updated. The applicable GTC are those in effect on the date the Order is placed.
- Any conflicting condition set by the Client, including their general terms and conditions of purchase, shall therefore be unenforceable against the Company unless expressly accepted, regardless of when it may have been brought to the Company’s attention.
- The fact that the Company does not invoke any provision of these GTC at a given time shall not be interpreted as a waiver of its right to invoke any provision of these GTC at a later time.
3. ORDER AND PERFORMANCE OF SERVICES
- The Services offered for sale are described and presented with the greatest possible accuracy on the Sites. However, minor variations in the presentation of the Services do not engage the Company’s liability and do not affect the validity of the sale.
- The Company reserves the right to correct the content of the Site at any time.
- The Client selects the Service(s) they wish to purchase and can access an order summary at any time.
- The order summary displays the list of Service(s) selected by the Client and includes any additional fees, such as administrative fees, added to the price of the Service(s) in the Order. The Client has the option to modify their Order and correct any errors before proceeding to accept the Order.
- After accessing the order summary, the Client confirms acceptance of their Order by checking the box to accept the GTC, then by clicking on the Order validation button. The phrase “Order with payment obligation” or a similar unambiguous statement appears next to the Order validation button to ensure that the Client explicitly acknowledges their payment obligation for the Order.
- After accepting the GTC and validating the Order with payment obligation, the contract is validly concluded between the Company and the Client and binds them irrevocably.
- The Company then sends the Client an order confirmation by email, including the details of the order summary and, where applicable, the billing information provided.
- After confirming their contact details, the Client proceeds with the payment of their Order according to the terms specified below.
- Any Order placed and signed by the Client constitutes a firm and final commitment that cannot be challenged.
4. COLLABORATION OF THE PARTIES
- The Client agrees to engage in any discussions with the Company whenever the latter deems such communication necessary for the proper fulfillment of the Services covered by the Contract.
In general, the Client commits to fully cooperate with the Company to ensure they are placed in the best possible conditions for the performance of the Services.
In this regard, the Client acknowledges that their involvement and cooperation are essential to ensure the proper execution of the Contract by the Company. - In the event of an occurrence likely to delay the performance of the Service, the Party affected by the event must promptly notify the other Party by any means of communication appropriate to the urgency of the situation.
The Client may not hold the Company responsible for any delay in the performance of the Service if the Client is late in providing or refuses to provide essential information necessary for the completion of the Services. - In the absence of collaboration from the Client with the Company, the Client may not hold the Company liable for any failure in the performance of the Services covered by these terms.
5. OBLIGATIONS OF THE CLIENT
- Given the nature of the products and services sold and offered by the Company, the Client acknowledges and agrees that they are subject to a cooperation obligation with the Company.
As such, the Client acknowledges that they are bound by an obligation of result regarding the requests made to them by the Company in order to enable the latter to perform the Services ordered by the Client. The Client’s collaboration with the Company is therefore crucial for the proper execution of the Services. - Furthermore, the Client must communicate and provide the Company with all information necessary to ensure the proper execution of the Services, thereby enabling the Company to understand the Client’s needs and requests.
- The Client will also make available any materials necessary to enable the Company to fulfill its obligations.
- In addition to the aforementioned obligations, the Client also agrees to pay the agreed price within the specified deadlines.
6. PRICE AND PAYMENT TERMS OF THE ORDER
- Prices are stated in the descriptions of the Services on the Site, in euros, including all taxes.
- The total amount is indicated in the summary before the Client accepts these GTC and validates their Order. This total amount includes all taxes.
- The Order for the Services is payable in euros. The payment terms will be specified by the Company depending on each situation. For informational purposes, payment may be made by credit card, bank check, or postal check.
- The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature or stage of completion, in the event of non-payment or partial payment of any amount owed by the Client to the Company, or in case of a payment incident related to an Order.
7. LIABILITY
- The Company implements all measures necessary to ensure the Client receives the Services under optimal conditions. However, under no circumstances shall the Company be held liable for any failure or improper performance of all or part of the Services provided under the contract, if such failure is attributable either to the Client, to an unforeseeable and insurmountable act of a third party unrelated to the contract, or to a force majeure event as defined by Article 1218 of the Civil Code and applicable case law.
More generally, if the Company’s liability were to be engaged, it could under no circumstances agree to compensate the Client for indirect damages or for damages whose existence and/or amount are not supported by evidence.
- It is expressly stipulated that the Company shall in no event be held liable, in any way whatsoever, if the Client’s computer equipment or email system rejects, for example due to spam filters, emails sent by the Company, including but not limited to the payment receipt, the order summary, or the shipment tracking email.
- Furthermore, the Company cannot be held responsible for any failure related to data hosting resulting from technical defects beyond the Company’s control.
- The Client is fully aware of the provisions of this article, including the aforementioned warranties and limitations of liability, which are essential conditions without which the Company would never have entered into the contract.
8. PERSONAL DATA – SECURITY
- The Company places great importance on respecting privacy and takes all necessary measures to ensure the confidentiality and security of Clients’ personal data.
- As part of the provision of services, the Company collects personal data from Clients, including the following information :
- Email address
- Client’s phone number
- The Company collects and processes Clients’ personal data for the following purposes :
- Provision and management of the Services ;
- Information about the Client and the Client’s activities ;
- Responding to any questions or complaints from Clients ;
- Preparation of statistics ;
- Management of requests for access, correction, and objection rights.
- Data related to the management of Clients’ personal data is retained for the strictly necessary period as defined by the French Data Protection Act (“Loi Informatique et Libertés”) as amended, which is three years after collection or the last contact with the Client.
- Clients’ personal data is processed by the Company’s sales department as well as by the Company’s partner companies and subcontractors.
- The Company may also disclose personal data in order to cooperate with administrative and judicial authorities.
- The Company ensures that Clients’ personal data is secured in an adequate and appropriate manner and has taken necessary precautions to preserve the security and confidentiality of the data, notably to prevent it from being altered, damaged, or disclosed to unauthorized persons.
Obligations of the Clients :
- Clients acknowledge that the personal data they disclose is valid, up-to-date, and accurate ;
- Clients commit not to infringe upon the privacy, image, or personal data protection of any third party, and accordingly, not to disclose to the Company any third-party data without their consent.
- Under Decree No. 2011-219 of February 25, 2011, relating to the retention and disclosure of data identifying any person who contributed to the creation of online content, the Client is informed that a website host is required to retain, for a period of one year from the date of content creation, for each operation contributing to the creation of content :
- The identifier of the connection that originated the communication ;
- The identifier assigned by the information system to the content that is the subject of the operation ;
- The types of protocols used for the connection to the service and for the transfer of content ;
- The nature of the operation ;
- The date and time of the operation ;
- The identifier used by the author of the operation when it has been provided by them.
In the event of termination of the Contract or account closure, the host must also retain for one year from the date of termination or account closure the information provided during the subscription of a contract (Order) by the Client or during account creation, namely:
- At the time of account creation: the identifier of this connection ;
- The full name or company name ;
- The associated postal addresses ;
- The pseudonyms used ;
- The associated email addresses or account addresses ;
- Telephone numbers ;
- The password and the information needed to verify or change it, in their last updated version.
9. INTELLECTUAL PROPERTY
All elements of this Site and the Site itself are protected by copyright, trademark law, design rights and/or any other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved worldwide.
The EPITA name and trademark, logos, designs, stylized letters, figurative marks, and all signs represented on this Site are and shall remain the exclusive property of the Company.
No title or right whatsoever in any element or software shall be obtained by downloading or copying elements from this Site. The Customer is expressly prohibited from reproducing (other than for personal, non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to, modifying or performing any work based on this Site and the materials and software contained herein, nor from selling or participating in any sale in connection with this Site, the materials on this Site or any software related thereto.
The Company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and may not under any circumstances be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.
Any use by the Customer of company names, trademarks and distinctive signs belonging to the Company is strictly prohibited without the Company’s express prior consent.
10. IMAGE RIGHTS
The Customer acknowledges that he/she accepts the use and non-commercial exploitation (print, broadcast, Internet and social networks) of his/her image as part of the communication, information and promotion of the Company and the educational establishments it manages, and in particular its publication on the Company’s website(s), as well as its reproduction on any medium whatsoever.
The Customer transfers to the Company, without consideration, the exploitation rights (especially the rights of adaptation, reproduction, representation and distribution) of the photographs. The assignment is without time limit.
The Company expressly refrains from using the images in any way that might infringe on privacy or reputation, and from using the photographs and films for any other prejudicial purpose.
The Customer expressly waives any right to image and any action against the Company or any entity directly or indirectly managed by it, arising from the use of the photographs, in whole or in part.
This transfer is made free of charge.
The Customer acknowledges having been informed of the right to rectify or withdraw the authorization thus granted.
11. NEWSLETTER
By expressly agreeing to this by accepting the present contract, the Customer accepts that the Company may send the Customer, at a frequency and in a form determined by the Customer, a newsletter which may contain information relating to the Company’s activity.
12. MAJOR FORCE
Neither Party shall be liable for any delay or failure in the performance of its contractual obligations if such delay or failure is due to the occurrence of an event beyond its control, which could not have been reasonably foreseen at the time the Contract was entered into and the effects of which cannot be avoided by appropriate measures.
In the event of such a case of force majeure, performance of the present Contract will be suspended until the case of force majeure disappears, is extinguished or ceases. However, if the case of force majeure persists beyond a period of thirty (30) days, the Parties shall meet to discuss a possible modification of the Contract.
The deadlines provided for in the present Contract will be automatically postponed according to the duration of the case of force majeure.
In the absence of an agreement between the Parties within thirty (30) days, and if the case of force majeure persists, each of the Parties shall have the right to terminate the present Contract ipso jure, without any compensation being due by either Party, by registered letter with acknowledgement of receipt sent to the other Party.
13. RIGHT OF WITHDRAWAL
The Customer hereby declares that he intends to waive his right of withdrawal in order to benefit from the Services as soon as the Order has been validated.
14. RESIGNATION
- In the event of a breach by one of the Parties of one of its essential obligations, the other Party may, in the event of formal notice by registered letter with acknowledgement of receipt remaining unsuccessful, terminate the Contract ipso jure without any further particular formality and without prejudice to any claim for damages.
- The formal notice must specify a reasonable period of time within which the offending Party must remedy the non-performance or improper performance of the essential obligation which is the subject of the formal notice. Under penalty of nullity, the formal notice must mention the present resolutory clause.
15. APPLICABLE LAW AND JURISDICTION
- These GTC shall be governed by and construed in accordance with French law, without regard to principles of conflict of laws.
- In the event of any dispute arising out of or in connection with the interpretation and/or performance of these GTS, the Customer and the Company will use their best efforts to reach an amicable settlement of their dispute.
- Should this attempt at amicable settlement fail, the Parties intend to submit the dispute to the exclusive jurisdiction of the competent courts in application of the rules of the Code of Civil Procedure.