Terms of Sales
Terms of Sales
The Cognitive Factory
Between Céline PASTOR AZOU, autoentrepreneur, under SIRET number 8880976490014, 3 Allée des Sophoras 92330 Sceaux,
representative of the registered trademark “La Fabrique Cognitive”, for the purposes hereof La Fabrique Cognitive can be reached by email by clicking on the contact page available in the menu of the site.
Hereinafter "the Cognitive Factory" on the one hand,
And the adult natural person purchasing services from the Cognitive Factory,
Hereinafter, "the Client" on the other hand,
It was explained and agreed as follows:
PREAMBLE
La Fabrique Cognitive notably provides TOMATIS® sessions, various workshops, courses, and language courses, intended for adult and minor Customers, marketed through its website ( http://www.lafabriquecognitive.com ), (ci -after the “website”)
These different sessions are provided online or at the Atelier de La Fabrique Cognitive 14 square Robinson 92330 Sceaux, by Madame
Céline PASTOR AZOU, licensed and certified TOMATIS® level 1.
The list and description of the goods and services offered by La Fabrique Cognitive can be consulted on the sections of the website http://www.lafabriquecognitive.com
Article 1: General provisions
1.1 These General Terms and Conditions of Sale (hereinafter GTC) govern the sale of Services provided through the La Fabrique Cognitive website, and are an integral part of the Contract between the Customer and La Fabrique Cognitive. They are fully opposable to the Customer who accepted them before placing an order.
1.2 La Fabrique Cognitive reserves the right to modify these at any time by publishing a new version on its website. The GCS then applicable are those in force on the date of payment or of the first payment in the event of multiple payments of the order. These T&Cs can be viewed on the La Fabrique Cognitive website at the following address: lafabriquecognitive.com/cgv
1.3 The Cognitive Factory ensures that the Customer accepts the T&Cs:
at the time of placing the order: clear and unreserved, by providing a checkbox and a double click of validation.
before any subsequent modification, one month before the update, by sending an information e-mail to the Customer.
1.4 The Customer declares to have read all of these T&Cs, and, where applicable, the Special Terms and Conditions of Sale linked to a specific service offered subsequently, and to accept them without restriction or reservation.
1.5 The Client acknowledges that he has received the necessary advice and information to ensure that La Fabrique Cognitive's offer meets his needs.
1.6 The Customer declares to be able to legally contract under French law or validly represent the minor for whom he is committing.
1.7 Unless proven otherwise, the information recorded by La Fabrique Cognitive constitutes proof of all transactions.
Article 2: The services of La Fabrique Cognitive
2.1 Prior to placing an order, the Customer is informed of the essential characteristics, the price and the special conditions of the sale on the description of each session, course and workshop, offered by the Cognitive Factory, by posting on the description pages of the website www.lafabriquecognitive.com, whose illustrative photos and videos have no contractual value.
2.2 The Client is informed that the programs offered by La Fabrique Cognitive for internships, various workshops or TOMATIS® sessions are not medical treatments and that La Fabrique Cognitive has no obligation of result.
2.3 The Customer is informed that French language courses-foreign languages, orthopedagogy, internships and workshops, the preliminary TOMATIS® interview can be carried out, according to the description of each session, either online or at the Atelier de la Cognitive factory.
All La fabrique Cognitive services must be booked and paid for on the website. With the exception of TOMATIS® listening programs: TOMATIS® listening programs are the subject of an estimate drawn up following a preliminary interview which can be booked on the website, but for which the signature of the order, delivery and payment are made at the Atelier de La Fabrique Cognitive.
2.4 In all cases, the total amount due by the Customer is indicated on the order confirmation page.
The price indicated for the sale of the sessions is that in force on the day of the order.
La Fabrique Cognitive reserves the right to modify its prices at any time in accordance with article 3.2, while guaranteeing the application of the price indicated at the time of the order.
2.5 Since the sessions ordered are not executed immediately, the Client certifies having received clear information, in particular by the details relating to the terms of payment, a reminder of the dates chosen by the Client, the preliminary and necessary instructions for the session (non-exhaustive list : reminder of the address of the Atelier de La Fabrique Cognitive, the mode of communication for the execution of the courses by electronic communication, materials to be provided).
2.6 The service is provided on the dates and times chosen by the Client from the options offered and available for reservation up to 24 hours before the session on the lafabriquecognitive.com website.
The Client may modify, free of charge and directly on the lafabriquecognitive.com website, up to 48 hours before the previously reserved time, the date of a session.
2.7 The sessions, courses and workshops take place either within the Atelier de La fabrique Cognitive 14 square Robinson 92330 Sceaux, or remotely by electronic means (eg Zoom, ect)
Article 3: Price
3.1 The prices of the services sold through the lafabriquecognitive.com website are indicated in Euros including VAT and precisely determined on the service description pages.
3.2 La Fabrique Cognitive reserves the right to modify its prices at any time for the future.
3.3 The telecommunications costs necessary to access the La Fabrique Cognitive website, or the websites necessary for the provision of online services and used by La Fabrique Cognitive (Zoom, etc.) are the responsibility of the Customer.
Article 4: Conclusion of the online contract
4.1 The language offered for the conclusion of the contract is the French language.
4.2 La Fabrique Cognitive presents the description of the essential characteristics and prices of its various services on the lafabriquecognitive.com website.
4.3 The Customer must follow a series of steps to conclude the contract electronically and to be able to place his order.
To place his first order, the Customer must first register on a connection account. He indicates his identification details, email address, address, telephone number, date of birth, password, etc.)
For the purposes of proper execution of the order, the Customer undertakes to provide truthful identification elements.
With each new order, the Customer must reconnect to this same connection account.The client goes through an information page on the essential characteristics of the session and the price.
The customer chooses his session and clicks on "book", then is directed to a calendar of dates and times indicating the availability of service proposals.
To confirm, the Customer clicks on "next" and is directed to a page where the details of the learner must be entered (Last name, first name, email address, telephone number, date of birth) and the provision of the GCS in proofreading before acceptance. The Customer expresses his consent to the GCS by clicking on the dedicated box and is invited to click on "Pay".
Directed to the payment page, the customer chooses from the two options offered.
Option1: Paypal requires the prior registration of a Paypal account on the site www.paypal.com . By clicking on the paypal option, a pop-up window opens and offers to fill in the Paypal login credentials.
The Customer continues his transaction with the Paypal service provider. The payment approved by Paypal, the Customer is redirected to the confirmation page of La Fabrique Cognitive. The customer's bank details are not processed by La Fabrique Cognitive.
Option 2 Payment by credit card: once the order form has been completed, the Customer completes the banking information. A confirmation page appears. The Customer's bank details are not processed or archived by La Fabrique Cognitive but by the payment provider Stripe.com .
By communicating his banking information during the sale, the Customer authorizes the payment provider Stripe 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 case of error, or impossibility of debiting the card or the payment via Paypal, the Sale is immediately resolved automatically and the order cancelled.The contract is formed upon confirmation of payment by the payment service providers, the sending by La Fabrique Cognitive to the Customer of a confirmation of payment for the order, an order form mentioning the terms of the offer as well as a copy of these T&Cs in pdf format.
The communications (terms of the offer, order form and invoices as well as the general conditions of sale sent to the Customer) are archived on a website of La Fabrique Cognitive. This information can be produced as proof of the contract.
4.4 La Fabrique Cognitive reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Payment
5.1 Payment is due at time of order. The Customer has two options for making payment by credit card or by prior registration on Paypal.
Payments made by Customers domiciled outside France must be by international bank card (Mastercard, Visa, American Express) or by Paypal under the same conditions as mentioned above. Secure online payment by credit card is made by our payment provider Stripe.com .
5.2 The information transmitted is encrypted according to the rules of the art and cannot be read during transport, bank details are neither processed nor archived by La Fabrique Cognitive.
5.3 Once the payment has been made 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.
5.4 All of the Customer's bank details are only collected by our payment service providers, making it possible to guarantee the security of payments.
Article 6: Customer commitments
6.1 The Client agrees to be diligent and punctual or to the attendance and punctuality of the minor represented, at the sessions reserved on the website. Any absence must be announced in advance to La Fabrique Cognitive (on the website www.lafabriquecognitive.com in the contact section);
6.2 The Client also undertakes in the particular context of the sessions reserved within the Atelier de La Fabrique Cognitive, for himself or the minor person represented:
to take out civil liability insurance covering his activity during the sessions
reimbursement of all costs inherent in damage committed by himself or the minor person represented, to the materials and premises made available.
Article 7: Cancellation policy
7.1 La Fabrique Cognitive undertakes to honor the Customer's order. Failing this, the Cognitive Factory informs the Client as soon as possible or even on the day of the service by telephone or SMS, offers him, by e-mail, to choose a new session date from among those available or the full refund of the amount of the session cancelled. La Fabrique Cognitive reserves the right to cancel any brainy-fun course or workshop for lack of participants, undertakes to inform the customer at least one week before the scheduled service and in full reimbursement of the amount paid.
7.2 The rights granted hereunder are granted only to the Customer signing the order, holder of the email address provided.
7.3 When the Client or the minor person represented decides not to attend a session booked with La Fabrique Cognitive, without warning within less than 48 hours, the amount of the session paid on the website will not be refunded.
When the Client or the minor person represented warns within more than 48 hours of their inability to attend a reserved session, La Fabrique Cognitive will offer to replace the dates and times of the session, among the availabilities offered on the site. Internet. If necessary, La Fabrique Cognitive may offer reimbursement.
Article 8: Termination of the contract
La Fabrique Cognitive may terminate these without notice and without reimbursement of sessions previously paid for if it becomes impossible or unreasonable to continue the contractual relationship with the Client given the seriousness and consequences of the circumstances. The following non-exhaustive reasons are considered as just grounds for termination. :
Behavior of the Client or of the minor represented clearly harmful to the progress of the group or to the good atmosphere of the course, course or workshop.
On many occasions, the minor person represented, is recovered after the sessions within the Workshop of La Fabrique Cognitive, with a considerable delay, despite a written reminder.
The Customer or the minor person represented breaks mutual trust through insults, defamatory remarks, aggression or other types of unacceptable and reprehensible behavior.
Article 9: Withdrawal period
9.1 In accordance with the provisions of the Consumer Code, the Customer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of the order form, by completing the standard withdrawal form below. -after and sending it by registered mail to La Fabrique Cognitive 14 square Robinson 92330 Sceaux.
9.2 If the right of withdrawal is exercised within the aforementioned period, the price of the service(s) ordered will be refunded within 15 days from the date of receipt of the withdrawal form.
9.3 If the Customer wishes to see the service begin before the expiry of the withdrawal period, he makes an express request to La Fabrique Cognitive, which will keep a record of it on a medium without this being a waiver of the right of withdrawal.
In the event of exercise of his right of withdrawal, the Customer who has expressly requested to see the service begin before the expiry of the withdrawal period remains liable for the cost of all the services provided until receipt of his withdrawal by La Fabrique. Cognitive.
Article 10: Complaints and mediation
10.1 If necessary, the Customer may submit any complaint by contacting La Fabrique Cognitive using the following contact details: service-clientele@lafabriquecognitive.fr or La Fabrique Cognitive Customer Service 14 square Robinson 92330 Sceaux.
10.2 In the event of failure of the complaint request to La Fabrique Cognitive's customer service department, or in the absence of a response within two months, the Customer, under the conditions provided for in Title I of Book VI of the of consumption, can submit the differend free of charge to the Mediator of consumption who will try independently to bring the parties together in order to obtain an amicable solution to contact by mail: DEVIGNY MEDIATION.
9 avenue René GASNIER D01 49100 ANGERS or online https://devignymediation.fr/consommateurs.php
Article 11: Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the respective exclusive property of La Fabrique Cognitive, TOMATIS® or Wix. No assignment 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.
The photos and videos illustrating the lafabriquecognitive.com website have no contractual value.
Article 12: Force majeure
The execution of the obligations of La Fabrique Cognitive under the terms hereof is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its execution. La Fabrique Cognitive will notify the Customer of the occurrence of such an event as soon as possible.
Article 13: Nullity and modification of the contract
If one of the contractual clauses hereof were cancelled, this nullity would not result in the nullity of the other clauses which will remain in force between the parties. Any modification of the present is only valid after a written and signed agreement of the parties.
Article 14: Protection of personal data
La Fabrique Cognitive undertakes to preserve the confidentiality of the information communicated to it in accordance with the provisions of Regulation 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and to the free circulation of these data as well as those of the law n ° 78-17 of January 6, 1978 known as Data processing and Freedoms. La Fabrique Cognitive sets up a processing of personal data whose purpose is the sale of services defined in these T&Cs.
The Customer and the minor person represented by the Customer have the right to ask the data controller for access to personal data, the rectification or erasure thereof, or a limitation of the processing relating to the Customer or the person minor represented, or the right to oppose the processing and the right to data portability by contacting La Fabrique Cognitive 14 square Robinson 92330 Sceaux or by email at the address protection-donnees@lafabriquecognitive.fr . In order to allow a quick response, La Fabrique Cognitive invites the Customer to indicate his surname, first name, e-mail, address and if possible his customer references and specify the address to which the reply should be sent.
The Client and the minor person represented by the Client have the right to lodge a complaint with the Commission Nationale Informatique et Libertés on https://www.cnil.fr .
The Data Controller for the Cognitive Factory is Mrs. Céline PASTOR AZOU, 3 Allée des Sophoras 92330 Sceaux
Hosting and data processing are provided, on behalf of La Fabrique Cognitive, by: Wix.com Inc.
Telephone: +1 415-639-9034.
500 Terry A Francois Blvd San Francisco, CA 9415 .The Customer must also understand that the information requested when ordering is necessary for the establishment of the invoice, and the exercise of the service, otherwise the order cannot be placed. At no time will this collected data be sold to third parties.
The Customer is informed that data concerning him may be transmitted for the purposes of the purposes mentioned below to companies located in countries outside the European Union.
La Fabrique Cognitive takes all necessary guarantees to secure such transfers by choosing service providers guaranteeing the same level of protection as that imposed in the European Union.
These transfers outside the European Union can be carried out in particular within the framework of the following activities of the Cognitive Factory: from the management of orders, to the payment service, the exploitation of data in connection with social networks (to the USA).Purposes
Article 15: Cookies Policy
La Fabrique Cognitive requests the prior acceptance of the Client and/or the user of the lafabriquecognitive.com site by a pop-up presented upon access to the website, of the use of cookies and technologies allowing the activation of functionalities such as security, identity verification and network management. These cookies cannot be disabled.
La Fabrique Cognitive may also use these technologies to store an identifier or other information on the device of the Client and/or the user of the site.
La Fabrique Cognitive collects information about the Client and/or the user of its website. La Fabrique Cognitive uses this information to remember the choices that Customers and/or users make in order to improve and personalize their experience (including services, suggestions and advertisements).
These cookies are used to track the effectiveness of advertising in order to provide a more relevant service and deliver better ads based on the interests of Clients and/or users and help La Fabrique Cognitive to understand how its Clients and/or users interact with its site, discover errors and provide better overall analysis. "
Depending on the operating systems, the user can deactivate these cookies by going to the settings of his equipment, allowing him to manage the applications.
At no time will this collected data be sold to third parties.
Article 16: Applicable law
All the clauses appearing in these general conditions of sale are subject to French law.
The Cognitive Factory
WITHDRAWAL FORM
Last name First name of the adult who booked the service:
Email address: (the one you provided when booking)
First name of the child receiving the benefit (if applicable):
Address :
Postal code :
Town :
You wish to cancel your order dated:
Type of canceled service:
Date(s) of the canceled service:
Made in ________________
The ___/__/__________
Signature (preceded by "read and approved")
To be returned by registered letter with acknowledgment of receipt to:
The Cognitive Factory
Cancellation Service
14 Square Robinson 92330 Seals