Updated on 04/23/2024
PREAMBLE
The company ADS Formation et Produits, a simplified sole proprietorship registered with the Paris Trade and Companies Register under number 753 285 808, with its registered office at 87 rue Réaumur in Paris (75002), operates a website www.ievadistrib.pro from which it sells beauty-related products online. The purpose of these general terms and conditions is to define the conditions under which the sales contract is concluded between ADS Formation & Produits and its customers.
1 - DEFINITIONS
Whenever, in these general terms and conditions, the following words are written, in the singular or plural, with a capital letter, they shall have the following meaning:
ADS FORMATION & PRODUITS: refers to the company: ADS FORMATION & PRODUITS as described in the preamble, as well as any natural or legal person it may substitute to sell on the Site.
Customer: refers to the natural person who declares to be of legal age or the legal person represented by a natural person acting on behalf of that legal person and declaring to have the power to bind it, and who, holding a customer account, wishes to acquire one or more products sold by ADS FORMATION & PRODUITS.
Contract: refers to the sales contract concluded via the Site between the Customer and ADS FORMATION & PRODUITS and governed by these general terms and conditions of sale.
Product Sheet or Sheet: refers to the description of a Product, which includes at least one photo of the Product, its price expressed in euros including all taxes, a description of its essential characteristics including, if it is a cosmetic product, the list of its ingredients, its function, precautions for use, nominal quantity and bottle capacity.
Party: refers, together or separately depending on the context, the Customer and/or ADS FORMATION & PRODUITS in their capacity as parties to the Contract.
Products: refers to the products offered for sale on the Site, including gift cards and vouchers.
Site: refers to the website currently accessible at www.ievadistrib.pro
2 - ENFORCEABILITY OF THE GENERAL TERMS AND CONDITIONS
2.1 These general terms and conditions apply to the relationship between ADS FORMATION & PRODUITS and customers and define the respective obligations of the Parties. Before finalizing their order, the customer carefully reads these general terms and conditions, which are displayed in a new browser window. By checking the box "I have read and unreservedly accept the general terms and conditions of sale," the customer fully and irrevocably accepts these general terms and conditions. Furthermore, these general terms and conditions are accessible at all times on the Site and are sent to the customer by email along with the order confirmation. Moreover, if the customer is a legal entity, the person who created the customer account on behalf of the customer and consequently accepted these general terms and conditions vouches, within the meaning of articles 1120 et seq. of the French Civil Code, for the compliance with these general terms and conditions by the customer's employees, agents, partners, contractors, affiliates, and representatives.
2.2 The version of the general terms and conditions applicable to an order is the one validated by the customer on the day of the order. In this regard, the customer is informed that ADS FORMATION & PRODUITS reserves the right to modify these general terms and conditions between two orders. It is therefore possible that the general terms and conditions of sale may change between two orders placed by the customer. By checking the box referred to in article 2.1 above when placing an order, the customer is deemed to have taken note of the general terms and conditions of sale with each new order.
2.3 These general terms and conditions prevail over any other contractual or pre-contractual document that the customer, a legal entity, might invoke.
3 - CUSTOMER ACCOUNT
3.1 The Customer account allows the Customer to:
- view the history and details of their orders;
- return or exchange Products;
- add or modify their delivery and/or billing address, it being specified that such addition or modification is only possible for a given order as long as said order has not yet been validated by ADS FORMATION & PRODUITS;
- manage their subscriptions to solicitation emails;
- manage their personal information.
3.2 To create a customer account, it is mandatory to be either (i) a natural person of legal age according to their national legislation, or (ii) a legal entity represented by a natural person acting on behalf of that legal entity and having the power to bind it; and cumulatively, be able to conclude a contract under their national legislation. To create a customer account, you must fill out a form. Natural persons provide their first name, last name, postal address, date of birth, and email address. Legal entities provide their company name, registration number in a trade and companies register, a VAT number and, if applicable, the benefit of a franchise exemption or specific regime, the postal address of the registered office or main establishment and email address, as well as the first name, last name, and position of the natural person who declares to have the power to bind the legal entity to conclude the Contract. In any event, it is forbidden to use (i) a pseudonym or any other denomination or customary name that would not comply with real civil status data and/or legal data and/or (ii) data whose purpose or effect would be to conceal one's identity. In this regard, the Customer undertakes to provide only accurate, sincere, and complete information and refrains from creating a customer account on behalf of third parties or allowing a third party to use their customer account. Finally, for the effective creation and subsequent use of their customer account, the Customer must create a password.
3.3 Once the form is completed, the Customer receives by email confirmation of the creation of their customer account and their login credentials. The email address provided and the password thus created constitute the identifiers that allow the Customer to access their customer account at any time, from the Site's home page or from the "cart" page. In this regard, each Customer must ensure the confidentiality of their password. The Customer must immediately notify ADS FORMATION & PRODUITS if they suspect fraudulent use of their customer account. Each Customer can only have one customer account. Failure to comply with any of the provisions of this article may lead ADS FORMATION & PRODUITS to take measures up to and including closing the customer account. If applicable, ADS FORMATION & PRODUITS will send the Customer an email detailing the facts attributed to the Customer and justifying the measures being considered to ensure compliance with the provisions of this article. The Customer will have the opportunity to respond in order to provide any elements that may clear their responsibility. In the absence of a satisfactory response within 8 days from the sending of the first email by ADS FORMATION & PRODUITS, the latter reserves the right to close the Customer's account.
3.4 The Customer can, at any time, modify the information on their customer account and delete it.
4 - ORDER PROCEDURE
4.1 The Customer can at any time select Products from the Product Sheet and add Products to their selection by clicking on the "add to cart" tab, before completing their purchases or continuing their browsing. The Customer's selection can be viewed on the "cart" page of the Site. On this "cart" page, information relating to the selected Product(s) is summarized, including in particular the information contained in the Sheet of each Product.
4.2 If the Customer already has a customer account, they must be logged in at this stage to validate their order. If the Customer does not yet have a customer account, they are invited to create one, following the procedure described in article 3 of these terms and conditions, to validate their order.
4.3 Once identified, and before finalizing their order, the Customer must (1) validate their delivery method and (2) complete the delivery information necessary for the proper shipment of their order: country of delivery, title, first name, last name, phone number, delivery address. Once the delivery method is validated by the Customer, the Customer is informed of the delivery price and can pay for their purchases and finalize their order by clicking on the "order and pay" button on the Order summary page, provided they have previously accepted these GTC by checking the box "I have read and unreservedly accept the general terms and conditions of sale".
4.4 The order will be definitively validated by payment of the price corresponding to the total amount of the order. The sales contract will then be definitively concluded. Orders definitively validated are transmitted to ADS FORMATION & PRODUITS for processing. ADS FORMATION & PRODUITS reserves the right not to accept an order from a Customer who has not fully or partially paid a previous order or with whom it is in dispute for a previous order, or if it reasonably believes that this Customer has violated these general terms and conditions of sale. In such a case, ADS FORMATION & PRODUITS will send an email to the Customer explaining the reasons why their order has not been processed and inviting them either to regularize the situation or to provide any elements that may clear their responsibility.
4.5 An order summary is sent to the Customer by email after their order has been definitively validated. The acknowledgment of receipt mentions the total amount of the order, information relating to the total price of the order and the delivery time, the essential characteristics, the quantity and the price of the purchased Products. A copy of these general terms and conditions of sale is also attached to the order summary email. The invoice can also be viewed and downloaded on the Site from the Customer account. The Customer is advised to keep this acknowledgment of receipt on paper or electronic medium.
4.6 In application of Article L.213-1 of the French Consumer Code, when an order is for an amount equal to or greater than €120, ADS FORMATION & PRODUITS keeps the written document confirming the contract concluded between ADS FORMATION & PRODUITS and the Customer electronically for 10 years from the date of delivery of the Product(s). The Customer then has access to this document upon request made to ADS FORMATION & PRODUITS.
5 - GIFT CARDS AND VOUCHERS
5.1 Gift card: The Customer has the possibility to purchase a gift card on the Site. Each gift card corresponds to one or more service(s) whose content is detailed in the gift card's Product Sheet.
5.1.1 After validation and full payment of their order, the Customer receives a summary by email under the same conditions as those detailed in article 4.5 of these general terms and conditions.
5.1.2 The gift card cannot be dematerialized and will be delivered, on paper, under the same conditions as those detailed in article 8 of these general terms and conditions.
5.1.3 The gift card can only be used in Atelier du Sourcil boutiques, the list of which is available on the Site.
5.1.4 The gift card is valid for one (1) year from the date the order is validated.
5.2 Gift voucher: The Customer also has the possibility to purchase a gift voucher on the Site, for which they can freely choose the value including VAT, without it being able to exceed €999 including VAT.
5.2.1 The gift voucher is necessarily dematerialized and requires the Customer to provide the first name and last name of the gift voucher beneficiary as well as the email address to which the gift voucher will be sent, it being specified that this address can be the Customer's or that of any other person, including that of the gift voucher beneficiary.
5.2.2 After validation and full payment of their order, the Customer receives a summary by email under the same conditions as those detailed in article 4.5 of these general terms and conditions.
5.2.3 The gift voucher can be used on the Site or in the Atelier du Sourcil boutiques, the list of which is available on the Site.
5.2.4 The gift voucher is valid for one (1) year from the date the order is validated.
5.3 Gift cards and vouchers are neither exchangeable nor refundable.
6 - REVIEWS AND COMMENTS
6.1 A Customer who has a customer account can leave a review or comment on the Product(s) they have purchased.
6.2 To do this, the Customer clicks on the "rate it" button located near the Product photograph or the "give your opinion" button located at the bottom of the Product Sheet. They must then complete the corresponding form and, in particular, indicate, obligatorily, the date on which they purchased the Product on which they intend to leave a review.
6.3 After publishing their review, the Customer retains the possibility of modifying it by logging into their customer account and accessing the "my reviews" section.
6.4 The Customer undertakes to give a sincere and authentic opinion. They are prohibited from making false, inappropriate, defamatory, or unlawful statements or statements contrary to public morals. In this regard, ADS FORMATION & PRODUITS reserves the right to refuse, at its sole discretion, to publish a review that does not comply with these general terms and conditions. In this case, ADS FORMATION & PRODUITS informs the Customer by email of the reasons why their review cannot be published. The Customer will then have the opportunity to submit a new review, this time in accordance with these general terms and conditions.
6.5 In accordance with article D.111-17 of the French Consumer Code, next to each published review, the following is indicated:
- the date of publication of the review;
- the date of purchase of the Product by the Customer;
- the fact that the reviews are subject to post-moderation;
- the fact that the reviews appear in chronological order, from the most recent to the oldest.
6.6 The publication of a review does not entitle the Customer to any compensation.
6.7 A published review will be kept for the entire duration of the online availability of the Product it concerns, without this duration exceeding 7 years from the date of publication of the review.
6.8 The Customer is aware that any person may report a review whose content is unlawful or inappropriate or whose authenticity they doubt. Reporting a review must be reasoned and sent by mail to ADS FORMATION & PRODUITS, Service réclamation, 87 rue Réaumur, – 75002 Paris or by email to contact@ievadistrib.pro
7 - PRICES AND PAYMENT METHODS
7.1 Prices are expressed in euros, all charges included. VAT is applied at the rate in force at the time of the order and included in the displayed price. These prices do not include shipping costs, the price of certain packaging or other optional services. Thus, except for gift cards and vouchers and/or unless a specific offer is made, the Customer will have to pay, in addition to the price of the Product, a contribution to shipping costs which will be determined according to the weight and volume of the Product and the delivery method chosen by the Customer. The amount of this contribution to shipping costs will be specified before the order is validated by the Customer.
7.2 In certain cases, ADS Formation et Produit may offer special payment terms, particularly deferred payment. However, ADS Formation et Produit reserves the right to remove special payment terms in the event of payment delay of at least one installment.
7.3 The Customer has the possibility to choose the payment method of their choice from the various payment methods offered by ADS Formation et Produits and detailed below:
7.3.1 Payment by bank card VISA, CARTE BLEUE, AMERICAN EXPRESS and MASTERCARD: This payment method is secured by encryption. An SSL encryption system is implemented to protect personal data and payment data. ADS Formation et Produits enhances payment security thanks to the "3D secure" system for Visa, Mastercard and American Express cards that are equipped with it. An additional step takes place at the time of payment, allowing the identity of the cardholder to be verified and the transaction to be validated. Each bank has its own authentication.
7.3.2 Payment by PayPal: PayPal is a service that allows the Customer to pay online without sharing banking information with ADS Formation et Produits. To secure the purchase, PayPal encrypts and secures banking information and never communicates it to the recipients of payments.To pay via PayPal, the Customer must have a PayPal account and must enter their PayPal credentials on the Site when paying for their order.
7.3.3 Scalapay payment: Scalapay is a payment service allowing payment in 3 interest-free installments. To pay via Scalapay, the Customer must have a Scalapay account and must enter their Scalapay credentials on the Site when paying for their order.
7.3.4 Deferred payment: The Customer has the option to pay using one of the payment methods offered at the time of order by clicking on the link in the "My Account / My Orders" section. The Customer can also make a bank transfer to the bank account specified on the order invoice. To facilitate the execution of deferred payments and avoid losing the advantage of deferred payment, ADS Formation et Produits offers the possibility of setting up a SEPA direct debit mandate.
8 - DELIVERY AND SHIPPING COSTS
8.1 Products are delivered to the delivery address indicated by the Customer at the time of the order.
8.2 ADS FORMATION & PRODUITS only delivers Products in Metropolitan France and Overseas France, and in EU countries.
8.3 The delivery date depends on the delivery method chosen by the Customer. When the Customer chooses a delivery method, they are given an indicative delivery date. The indicated timeframe may be modified if the order is finalized on a Saturday, Sunday, public holiday, or a day when ADS FORMATION & PRODUITS is closed. Delivery times may also be extended around school holiday periods, especially before and during end-of-year holidays.
8.4 The Customer can track the status of their order from their customer account by clicking on the "my orders" tab, and, when the Customer has chosen a delivery method with tracking, delivery tracking can be done directly on the carrier's website with the provided tracking number.
8.5 ADS FORMATION & PRODUITS has chosen to entrust the delivery of its Products to Chronopost, UPS, and DB Schenker depending on the final destination and the total weight of the order.
8.6 The Customer can choose different delivery methods according to delivery times, destination, and the total weight of the order:
8.6.1 Express delivery in Metropolitan France and EU countries, via Chronopost. The Customer can be delivered to their home, or to an address of their choice, subject to payment of the flat-rate contribution to shipping costs. They will be delivered by Chronopost within 24 hours if the order is placed before 10:30 am. If the order is placed after 10:30 am, delivery will be made within 48 hours from the time the package leaves the ADS FORMATION & PRODUITS warehouse. The order will be delivered within these times after validation of the order for Products in stock. Please note that delivery times may be extended due to government measures prohibiting heavy goods vehicles from circulating during weekends. Delivery is free for orders over €200 and up to 70kg. Below this, a fee based on weight will be charged.
8.6.2 Delivery by DB Schenker courier service. Orders with a total weight exceeding 69.99kg are sent to France and Europe by DB Schenker. A flat-rate contribution to delivery costs will be charged at the time of order: €75 for France and €100 for EU countries. The carrier will make an appointment with the end Customer to define the delivery date and time. The average delivery time is between 4 and 10 days.
8.6.3 Delivery to Overseas France, by UPS. The Customer can be delivered to their home, or to an address of their choice, subject to payment of the flat-rate contribution to shipping costs. They will be delivered by UPS within 48 to 96 hours if the order is placed before 10:30 am. If the order is placed after 10:30 am, delivery will be made within 96 hours from the time the package leaves the ADS FORMATION & PRODUITS warehouse. The order will be delivered within these times after validation of the order for Products in stock. Please note that delivery times may be extended due to government measures prohibiting heavy goods vehicles from circulating during weekends and airplanes in general. A flat-rate deposit of €26 is charged at the time of order. ADS FORMATION & PRODUITS will re-invoice the full amount of shipping costs.
9 - TRANSFER OF OWNERSHIP AND RISKS
9.1 The transfer of ownership and risks occurs when delivery is complete, meaning when the ordered Product(s) have been delivered to the address indicated by the Customer at the time of their order.
9.2 Consequently, any risk of loss or damage to the ordered Product(s) is transferred to the Customer at the moment the latter or a third party designated by them, other than La Poste (Chronopost), takes physical possession of it.
9.3 The person who takes physical possession of the Product(s) ordered by the Customer (i.e., themselves or the person they have designated) is required to immediately verify the conformity of the received products with the ordered Products.
9.4 In case of any anomaly, of whatever nature and extent, (i) the person taking physical possession of the Product(s) ordered by the Customer must imperatively note it on the delivery slip presented by the carrier when the order is handed over in person, or (ii) the Customer must imperatively file a claim within 24 hours of taking physical possession of the Product(s) via their customer account. Failing this, ADS FORMATION & PRODUITS's liability cannot be engaged in any case, unless the Customer can prove that the anomaly subject to their claim is attributable to ADS FORMATION & PRODUITS. The provisions of this article do not prevent the Customer from implementing legal guarantees of conformity or hidden defects as appropriate.
10 - RIGHT OF WITHDRAWAL
10.1 This clause applies only to Customers who can be qualified as consumers or non-professionals within the meaning of the preliminary article of the French Consumer Code. Other Customers do not benefit from any right of withdrawal.
10.2 The Customer may freely withdraw within 14 days following receipt of their order. In the case of an order for several Products delivered separately, the 14-day period runs from the receipt of the last of these Products.
10.3 To withdraw, the Customer can, at their choice: (i) go to their customer account to fill out the withdrawal form and obtain a return label, (ii) notify their decision to withdraw by means of a clear and unambiguous statement by post to ADS FORMATION & PRODUITS, 87, Rue Réaumur 75002 Paris or by email to contact@ievadistrib.pro, or (iii) use the model withdrawal form reproduced in the appendix to these general conditions.
10.4 The consumer Customer then has a period of 7 days following the communication of their return number to return the Product(s) to the following address: 87 rue Réaumur - 75002 Paris.
10.5 They must carefully package the Product(s) and include their return number(s) in their shipment, either by printing them from the website or by transcribing them on a blank sheet of paper (in the event that they wish to follow the return procedure provided on the Site).
10.6 The Customer is free to choose the shipping method for their product and to subscribe or not to insurance in case of loss, theft or destruction of their package. ADS FORMATION & PRODUITS does not cover any of these costs nor the cost of transport and cannot be held responsible for the non-receipt of the Customer's package. The Customer is advised to opt for tracked shipping of the package. In general, all costs and risks related to the return of the Product(s) are borne by the Customer.
10.7 If all conditions relating to the exercise of the right of withdrawal are met, ADS FORMATION & PRODUITS will reimburse the Customer for the amount of the returned Product or their order including delivery costs, unless the Customer had chosen a more expensive delivery method than the standard delivery method. The refund methods are as follows:
10.8 If the Customer paid by credit card, the card they used will be credited with the amount of their order. If the Customer paid by bank transfer or banker's check, a transfer will be made by ADS FORMATION & PRODUITS to the bank account that the Customer used to make the payment.
10.9 In accordance with Article L.221-28 of the French Consumer Code, the consumer Customer cannot exercise the right of withdrawal mentioned above or make a refund request, if the Product delivered to the Customer has been unsealed by the Customer after delivery for reasons of hygiene and health protection (such as, for example, a mascara that has been opened or tweezers that have been removed from their packaging).
11 - INTELLECTUAL PROPERTY RIGHTS AND OTHER RIGHTS
ADS FORMATION & PRODUITS is the sole owner or, at the very least, has the right to exploit the Site as well as the elements composing the Site such as brands, logos, texts, styles, graphic elements, photographs, videos, applications, software, files, databases... over which it retains all its property or use rights. None of the provisions of these general conditions or of the Site can be interpreted as assigning or granting, even a simple personal and non-transferable right of use, of the Site or of one or more of its elements.
12 - CUSTOMER OBLIGATIONS
The Customer undertakes to comply with these general conditions, French laws and regulations, as well as the laws and regulations of their country of origin when they are not contrary to the preceding ones.
13 - GUARANTEE OF CONFORMITY AND OTHER GUARANTEES
13.1 ADS FORMATION & PRODUITS is bound by the legal guarantee of conformity and hidden defects towards Customers. The Customer wishing to implement one of these guarantees must file a claim by addressing it to ADS FORMATION & PRODUITS either by mail to the ADS FORMATION & PRODUITS claims department at ADS FORMATION & PRODUITS, 87 Rue Réaumur – 75002 Paris, or by email to contact@ievadistrib.pro. The Customer is informed that they can implement these two guarantees, one not being exclusive of the other. However, the Customer cannot dispute the conformity of the Product or request the benefit of the hidden defects guarantee by invoking a defect that was expressly mentioned in the Product Sheet and/or that was visible on the presentation photos.
13.2 The Customer has a period of 2 years from delivery to act on the basis of the legal guarantee of conformity and a period of 2 years from the discovery of the defect to act on the basis of the legal guarantee of hidden defects.
13.3 In their claim based on the legal guarantee of conformity, the Customer must expressly indicate whether they wish to obtain the repair of the Product or its replacement.
13.4 However, ADS FORMATION & PRODUITS will not be required to respect the Customer's choice between repair and replacement whenever (i) this choice entails a manifestly disproportionate cost compared to the other option, taking into account the value of the Product or the importance of the defect, and whenever (ii) it proves to be purely and simply impossible, for example when the Customer has requested the replacement of a Product that is no longer in stock or no longer sold on the Site.
13.5 When both repair and replacement are impossible or cannot be implemented within one month of the Customer's complaint, ADS FORMATION & PRODUITS informs the Customer and indicates that they may either return the Product for a refund of the price or keep the Product for a refund of part of the price. The Customer must communicate their decision to return or keep the Product to ADS FORMATION & PRODUITS within 7 calendar days following the day ADS FORMATION & PRODUITS notified them of the impossibility of repairing or replacing the Product or the impossibility of doing so within one month of the Customer's complaint.
13.6 In the event of a Product return, the Customer has a period of 7 calendar days from the day they communicated their decision to ADS FORMATION & PRODUITS to return it. ADS FORMATION & PRODUITS will refund the price or part of the price according to the terms described in Article 10.9 of these general conditions and will also reimburse the Customer for the shipping costs incurred to return the Product.
13.7 Some Products on the Site may be covered by a commercial warranty, corresponding to the manufacturer's warranty, for which ADS FORMATION & PRODUITS is not responsible. In the event of a commercial warranty, it may be mentioned in the relevant Product Sheet presented on the Site.
13.8 The scope and duration of this commercial warranty vary according to brands or manufacturers. Therefore, the Customer is invited to consult the legal warranty notice when provided with the Products and its precise terms.
13.9 EVA GROUP cannot be held responsible for any refusal by the manufacturer to apply the commercial warranty.
13.10 It is recalled that, in accordance with Article L.217-15 of the French Consumer Code, the commercial warranty does not deprive the Customer of the legal guarantees they benefit from.
14 - LIMITATION OF ADS FORMATION & PRODUITS'S LIABILITY
14.1 ADS FORMATION & PRODUITS will make its best efforts to ensure the availability of the Site. However, the Customer acknowledges that due to the nature of the Internet, this cannot be guaranteed, nor can access to their customer account. Access to the Site and/or the customer account may thus - particularly for technical reasons (repairs, maintenance, updates...) or inventory - be suspended or limited, even if ADS FORMATION & PRODUITS undertakes to limit the frequency and duration of these suspensions or limitations.
14.2 ADS FORMATION & PRODUITS cannot be held liable for any direct, indirect, incidental, consequential, special, foreseeable or unforeseeable damages arising from or related to the Contract or the use of the Site, other than those for which ADS FORMATION & PRODUITS is liable under a statutory or regulatory public order provision. In particular, ADS FORMATION & PRODUITS cannot be held liable for data loss or loss of turnover, loss of profit or increase in costs and expenses, costs of reconstituting files, operating losses, damage to equipment... of a Customer who has concluded a Contract or used the Site unless it can be demonstrated that ADS FORMATION & PRODUITS committed a fault that directly caused damage to the Customer and/or that the damage suffered by the Customer results directly from a breach by ADS FORMATION & PRODUITS of one of its professional obligations.
15 - FORCE MAJEURE
ADS FORMATION & PRODUITS reserves the right not to perform or to suspend the performance of its obligations and to interrupt the operation of the Site, without formality or prior notice, in the event of an event of force majeure as defined by the French Civil Code.
16 - SITE INTEGRITY
The Customer is prohibited from undermining the integrity of the Site. In this regard, the Customer is specifically prohibited from (i) using the Site in a way that violates these general terms and conditions, the laws and regulations of their country of origin and/or French laws and regulations, (ii) damaging, disabling, overloading or altering the Site or attempting to do so, (iii) using automated scripts or any other technology to extract or collect information from or through the Site or to interact with the Site, (iv) uploading, publishing, transmitting, sharing, storing, making available or disseminating, in any way whatsoever and for any reason whatsoever, on or through the Site, any element containing computer viruses or any code, file or computer program designed to interrupt, destroy, alter or limit the functionality of software, computer or telecommunication equipment of the Site, Site users or third parties, (v) uploading, publishing, transmitting, sharing, storing, making available or disseminating, in any way whatsoever and for any reason whatsoever, on or through the Site, any content that is civilly or criminally reprehensible, completely or partially prevents others from using the Site, or harms ADS FORMATION & PRODUITS or its users or engages their liability in any way whatsoever, (vi) sending, uploading, exchanging or sharing on or through the Site, any content likely to engage its own liability, that of Site users, that of ADS FORMATION & PRODUITS and/or that of its executives, partners, employees, collaborators or partners, towards third parties.
17 - CUSTOMER NON-COMPLIANCE WITH GENERAL CONDITIONS
17.1 In the event of non-compliance by the Customer with these general terms and conditions of sale, and without prejudice to other remedies, ADS FORMATION & PRODUITS reserves the right to limit, suspend, terminate or prohibit access to its Site and customer account. In this case, ADS FORMATION & PRODUITS undertakes to send an email to the Customer explaining the reasons leading it to take the measure(s) it deems appropriate and inviting them to explain themselves and/or to comply within 8 days from the sending of said email.If the Client fails to act or respond satisfactorily within this period, the measure(s) envisaged by ADS FORMATION & PRODUITS will be implemented within 8 days, without this giving rise to any dispute on the part of or compensation for the Client.
17.2 ADS FORMATION & PRODUITS also reserves the right to take all technical and legal measures to prevent users, whether or not they are Clients, from accessing the Site, if it considers that their action(s) (i) undermine the security of the Site or other users, that they may engage the responsibility of a user, of ADS FORMATION & PRODUITS, of its directors, associates, employees, collaborators or partners or (ii) are in contradiction with these general conditions and/or the laws and regulations in force and of public order applicable in France or in the user's country of origin. In this case, ADS FORMATION & PRODUITS undertakes to send an email to the Client explaining the reasons leading it to take the measure(s) it deems appropriate and inviting the Client to explain and/or comply within 8 days from the sending of the said email. If the Client fails to act or respond satisfactorily within this period, the measure(s) envisaged by ADS FORMATION & PRODUITS will be implemented within 8 days, without this giving rise to any dispute on the part of or compensation for the Client.
18 - LAW AND JURISDICTION
18.1 These general conditions are governed by French law.
18.2 For any complaint, the Client may contact customer service by mail at ADS FORMATION & PRODUITS – customer service, 87 rue Réaumur – 75002 Paris, by email at contact@ievagroup.com or by phone at 02 42 06 00 45.
18.3 If the response provided to the Client is not satisfactory, and provided that the conditions of article L.612-2 of the Consumer Code are met, the Client has the possibility of free recourse to a consumer dispute mediation procedure by contacting the mediator of their choice or the mediation service of the Mediator of the Professional Federation of E-commerce and Distance Selling (FEVAD) to which ADS FORMATION & PRODUITS belongs and whose contact details are as follows: http://dev.mediateurduecommerce.com/index.php/espace-consommateur/
The FEVAD e-commerce Mediator service - 60 rue la Boétie - 75008 PARIS
e-mail: mediateurduecommerce@fevad.com
18.4 The consumer or non-professional Client is informed that, in the event of a dispute, they may, in particular, bring the matter before the court of the place where they resided at the time of the conclusion of the Contract or the occurrence of the harmful event.
