Terms and conditions of sale

Transcription

1 Terms and conditions of sale Preambule 1.1. OBJECT The Seller offers Lessons and Dance Internships for individuals with different formulas as shown and detailed on its web site at the following address: These Terms and Conditions of Sale are exclusively designed to clarify the rights and obligations of Client with respect to the services sold on the website The contract drawn up in case of effective order under the conditions specified in these Terms and Conditions of Sale, is subject to the regulation of distance selling, as contained in particular in the Consumer Code and the provisions set out below DEFINITIONS In these Terms and Conditions of Sale (hereafter referred to as TCS ) for the Dance Lessons and Internships, the terms: - Seller refers to the seller of the service, the Choreographic Art Workshop; - Client refers to the person who purchases a Dance Lesson or Dance Internship from the Seller via the website ; - Lesson or Dance Internship refers to the activities offered by the Seller as described on its website www. lelaac.fr ; - Participant refers to the person over the age of majority who is registered with the Seller for one or more Lessons or Dance Internship and who will participate at this or these Internships or Lessons, or to the person under the age of majority who had the authorization from his/her legal representative(s) (such as parents, tutors) to practice dance and to participate to the Internships or Lessons; - LAAC is the acronym of L Atelier d Art Choregraphique (in English: The Choreographic Art Workshop); - Workshop also refers to the The Choreographic Art Workshop ; - Validation or Purchase both refer to the order of confirmation originating from the Validation click at the time of the payment BINDING EFFECT OF THE TERMS AND CONDITIONS OF SALE Any order implies prior consultation and acceptance of these TCS, which are accessible and printable at any time through a direct and permanent link on this website. Customers are advised to carefully read TCS below before proceeding with any effective order of products available on the website Booking Lessons and Courses presented on the website is subject to acceptance by the Client, and implies acceptance without reservation by the latter, of all of the TCS set out below. These TCS are binding on the Client. The acceptance of the Client is indicated by the «validation click» and by communicating its bank details for payment of his/her order. By doing so, the Client acknowledges that he/she has read, understood and approved all the conditions listed below.

2 1.4. LEGAL CAPACITY TO CONTRACT It is understood that persons considered legally incapable of contracting under the provisions of article 1123 et seq of the French Civil Code, including non-emancipated children under the age of majority, must necessarily obtain the authorization of their legal representative prior to any reservation. I. Price and payment conditions 1. The prices of the Internships and Dance Lessons offered by the Seller are indicated in Euros and appear on the website section REGISTRATION then CHILDREN, AMATEURS, APPRENTICES, PRO APPRENTICES 2. The price applicable to the sale of each Lesson or Dance Internship will be that prevailing on the date of the purchase from Seller of the Course or Dance Internship. 3. The Seller reserves the right to modify its prices at any time but the Internships or Dance Lessons will be billed based on rates in effect at the time of validation of the order («reservation» on the REGISTRATION page). Following the validation, the Client will receive a confirmation with information about the Internship or dance Lessons. 4. The price of the Internship or Dance Lessons shall be fully paid to the Seller at the time of the purchase and the sale is deemed to be made on that date. 5. The Payment may, at the Customer s option, be performed by bank transfer or by credit card via a secure online payment. 6. In the event of a payment made by bank transfer a payment in multiple installments may be admitted without charge provided the Seller gives its express consent 7. Consideration of registration: In the event of a payment made by bank transfer, the registration of the Participant(s) for the selected Dance Internship(s) will be final as of the date of receipt of the transfer to the account of the Seller. 8. Suspension or registration refusal: The Seller reserves the right to cancel the subscription automatically and without formalities whatsoever 15 days after the receipt by the subscriber of a formal notice by registered letter with acknowledgment of receipt remained unheeded, or to refuse to register a Client who has not fully paid a previous purchase or with whom a payment dispute is ongoing.

3 II. Participation conditions to the dance lessons and internships 1. When the Client enrolls in a LAAC Lesson or Internship one or more third party(ies) he/she undertakes to indicate the identity and contact details of / the Participant(s) he/she registers. The Participant will be subject to these Terms and Conditions of Sale. In particular, the Client undertakes to inform the Participant of the contents hereof, and any participation shall be deemed as an acceptance of the content of these Terms and Conditions of Sale by the Participant. If the person participating in the Dance Lessons or Internships is not the one whose identity was specified during registration, the Seller reserves the right to exclude this Participant from the Lessons or Internships. In addition, the Client agrees to register a person as a third participant only if he himself actually participates in the Dance Lessons or Internships. 2. It is expressly brought to the attention of the Participant that in case of Dance Lessons or Internships which requires to move, the time and place of the appointments set by the Seller must be absolutely respected. The date and time of the appointments are given to the Client at the time of registration. The exact location shall be indicated to the participants prior to the Internship or Dance Lesson, by sent to the address provided during registration. A maximum of 10 minutes delay will be tolerated. At its discretion, LAAC can refuse entry to a Lesson or Internship without the Participant being able to demand any refund or compensation of any kind and for any reason whatsoever, including if he/she fails to reunite with the group participating in Lesson(s) or Internship(s) concerned, or if he/she has not notified the Seller of the delay. 3. The Participant is informed that the Lesson or Internship can be canceled due to the occurrence of an unrelated cause such as force majeure or due to a third party unrelated with the provision of services under the contract. The Participant will be informed as soon as possible. In this case, the Dance Lesson or Internship will be postponed to a later date. 4. The Participant may change or postpone the Dance Internship in which he/she is registered once (either to enroll in a dance Internship on a different theme with the same price value or to participate in Dance Internship at a different date), subject to availability of the internship or the selected date and by informing the Seller in writing five calendar days before the Dance Internship date to which he/she was initially registered. After this time, the Participant s request to change or postpone will not be taken into account by the Seller. The Participant shall not be entitled to any compensation as a result. 6. Any Lesson or Internship interrupted or shortened or any Lesson or Internship not used because of the Participant s will for any reason whatsoever (including a late request to postpone or change the Lesson or Internship) will not allow the Participant to receive any refund or exchange whatsoever. 7. The Participant undertakes to comply with the instructions given to him/her during the Lesson(s) or Internship(s) by the person who will issue them. Any incorrect attitude of the Participant or non-compliance with the instructions given to him/her may justify his/ her exclusion from the Dance Lessons or Internships, without being able to ask for any refund or compensation whatsoever. 8. The sale or assignment of the subscription is forbidden and LAAC reserves the right to exclude a Participant or Client having tried to transfer his/her subscription to a third party.

4 III. Responsabilité 1. Within the workshop, the participant expressly agrees to comply with the Lessons content and all safety rules applicable to LAAC s courses, including and without the following list being exhaustive: - Inform his/her teacher and the Workshop of any prior physical problem, illness or injury; - Respect the schedule, perform warm ups and stretching to prevent injuries; - Respect the other participants ; - Listen, look carefully, and respect the instructions of the teachers or external guests regarding security, movements and the movements that the participant may or may not perform; - More generally, comply with safety rules issued by the internal regulations of the Theatre des Champs Elysées; - Access to the Dance Lessons is not recommended to pregnant women; - In case of accident, the participants agrees to let LAAC s staff intervene. 2. Dance is an acrobatic discipline involving risk of injury, fall or injury of any kind. By contracting for one of the proposed services on the website the Client declares to have full knowledge of these risks and accept them. The Participant agrees to be responsible of any consequences that might be related to the practice of dancing and will not hold LAAC accountable, as well as their staff members or external guests, renouncing to any claim or lawsuit against LAAC, staff members or external guests in case of accident, injury, damage or pain, and generally any personal injury or any of other kind caused by participating in a LAAC course. 3. If he/she is a minor, the Client expressly undertakes to inform the teacher and LAAC that he/she is underage and to have his/her legal representatives read and approve these Terms and Conditions of Sale before purchasing any service provide by LAAC. 4. The Customer declares to have full physical capability to practice dance by attending LAAC s Lessons and courses. The Participant s registration is conditional upon presentation of a medical certificate issued within the last 3 months prior to the start of the Lessons and Internships attesting the absence of contraindication to practice dance. 5. It is the responsibility of the Client to either have a personal liability insurance for accidents, damage caused to third parties, breakage or loss of personal items, or to personally assume the inherent expenses. A copy of it can be asked for at any time by LAAC.

5 IV. Responsibility and use of this website 1. It is up to the Client to learn through this website and to make any request to LAAC to obtain more information. 2. The content on this site is for general information purposes only. In respect of third parties, LAAC s responsibility cannot in any event be held outside of the provided courses. 1. It is not recommended to try to reproduce the figures represented on pictures, or choreographies on video displayed on this site, outside class. They involve risks and require progressive and rigorous training which LAAC can only guarantee within its courses. LAAC shall not be held responsible in respect of third parties for any injuries or accidents which have occurred outside its courses. 2. Photos displayed on the website are not contractual. The statements made on this website represent only the opinions of the author and do not engage companies, firms or group referred to or to which it may be associated. All downloaded content is done at the risk of the user and under his/her sole responsibility. V. Right of withdrawal and cancelation of courses 1. Any registration is final and binding on the participant. Any subscription is personal and cannot be shared between several people. 2. Absence of withdrawal right: Pursuant to Article L of the French Consumer Code, tickets to shows, courses and fixed date events are not subject to a right of withdrawal. 3. Once the Lesson or Internship has been purchased on the website it shall be neither refunded nor returned or exchanged. In case of a course cancelation, an exchange could possibly be proposed by LAAC. No fees or compensation of any kind will not be refunded or compensated.

6 VI. Termination and subscription withdrawal 1. Single courses and subscriptions cannot be terminated once they are purchased for any reason whatsoever. However, LAAC reserves the right to grant refunds for exceptional reasons such as the following (duly justified by supporting documents): - In case of injury and/or a medical condition causing a sick leave of more than three months and if a postponement is not possible. - When moving/relocating renders the access to the Lessons/Internships unreasonable or impossible. 2. The termination request for medical reasons referred to above must be accompanied by a medical justification. In the above-listed cases, the Client may request a refund, which will be at the discretion of LAAC either by transfer, check, assets and / or restitution of amounts not collected by LAAC. 3. In case of permanent job transfer out of the region Ile de France, on presentation of a certificate of the employer or justified relocation, termination may be decided, as of the date of receipt of the information by LAAC. 4. The calculation of the sum to be refunded to the Client by LAAC shall be as follows: amount of the purchased service(s) to which will be subtracted the amounts of consumed courses during by unit, namely: - 30 per course for the category «Children» - 30 per course for the category Amateurs - 45 per course for the category Apprentice, starting from 13 years old, - IN PROPORTION TO THE NUMBER OF DAYS ALREADY CONSUMED FOR THE Apprentices pro, 15 to 26 years old The price per course for holiday Internships varies depending on the type of internship. VII. Personal information 1. No use other than the one used to carry out the LAAC s services will be made of personal data collected on this site, except on legal requisition. According to the law of January 6th, 1978 (as amended by Law of August 6th, 2004 on the protection of individuals with regard to the processing of personal data) relating to data, files and freedom, the website has been declared to the National Commission on Informatics and Liberties ( 2. Pursuant to this law, users of this site have a right to access, rectify, modify and delete their personal data. 3. This right may be implemented by sending a letter to the following address: L Atelier d Art Chorégraphique - 15 avenue Montaigne Paris.

7 VIII. Image right and intellectual property 1. LAAC and all its representatives reserve the right to use, for free and without present or future consideration, the image of students for the purpose of communication and advertising, on any medium whatsoever. You are free to warn LAAC, in case of refusal to appear on communication materials. 2. The choreographies and artistic pieces offered by LAAC as part of its activities are the property of LAAC and its representatives. The reproduction, representation and publishing of its works are permitted for private use only or otherwise non-commercial use, subject to compliance with the origin of items used and indicating, on the presentation or broadcasting media «proposed by LAAC «or» proposed by name the professor. 3. Any participant wishing to take notes or record an activity must obtain permission from LAAC. 4. All content on this site, including trademarks, logos, graphics, photos, text, videos is the property of its authors. Any copies of these elements on any medium, apart from the one made for private and exclusive use of the copyist, is subject to legal action. Any reproduction of these elements, even partial, is prohibited without the written agreement of their authors. This reproduction, by any means whatsoever, constitutes an infringement punishable by articles L et seq of the French Code of intellectual property. For inquiries, contact LAAC. IX. Applicable law and settlement of disputes 1. These Terms and Conditions of Sale and contractual relations relating thereto are governed by French law. 2. In case of dispute or claim, the Client shall contact LAAC first to find an amicable solution. 3. All disputes to which this contract could give rise regarding its validity, interpretation, performance, termination, their consequences and their outcome will be submitted to the competent courts in common law conditions.