Concurrences Academy - November 2022
1.1. Identification of the Company. These general conditions of sales (hereinafter “GCS”) are offered by Concurrences Academy a French société à responsabilité limitée (SARL) incorporated under the laws of France with a share capital of 1 €, registered at the Paris Chamber of Commerce under RCS number 918 975 715 (VAT number: FR 44 918975715). Concurrences Academy is headquartered at 19 Avenue Jean Aicard - 75011 Paris, France. Phone number: +33 06 95 25 93 33 and the CEO is Nicolas Charbit, PhD.
1.2. Entry into force of the GCS. This version of the GCS is published in November 2022 and enters into force as of this date.
1.3. Modifications to the GCS. The Company reserves the right to make any changes of information provided in these GCS. Such changes shall be effective immediately to all new Customers thereof.
As used in these GCS, the following terms shall have the following meanings:
Attendees: Means the people who attend Sessions.
Certificate: Means the “diploma” delivered at the end of a Session if the Attendee meets all the requirements indicated at the beginning of the Session without having a legal meaning nor value under French Law. Sessions that lead to the delivery of a Certificate are specified on the Website.
Company: Refers to Concurrence Academy.
Customer: Refers to the person who purchases a Session.
Consumer Customer: Means any Customer who is a Consumer within the meaning of the French Consumer Code.
Parties: Refers to the Customer and the Company.
Service: Means digital training.
Session: Means a set of digital training modules provided for a limited period of time to Attendees.
Website: Refers to academy.concurrences.com
3.1. Scope. These GCS govern the rights and obligations of the Company and of the Customer within the framework of the online sale of the Session.
These GCS apply to all transactions made on the Website.
3.2. Acceptance of the GCS. Prior to the purchase of a Session, Customers are required to read and expressly agree to these GCS.
3.3. Customer acting as a professional. In case the Customer purchasing the Session is not the Attendee (i.e. an employer purchasing the Session for its employee, a law firm partner for its associate…), Customer will be deemed to act as a professional within the meaning of the French Consumer Code. In that case, Customer warrants to ensure the Attendee agrees by enrolling in a Session to all provisions of these GCS. Moreover, Customer agrees not to exceed the number of Attendees provided at the time of registration. However, additional Attendees may be accepted under the Customer’s request (i) at the Company’s sole discretion (ii) subject to its written approval and (iii) subject to the payment of the invoice at the rates provided for the Session concerned.
4. Service Characteristics
4.1. Nature of Services and Sessions. Services and Sessions are provided by the Company and consist of digital training courses in competition law and/or in economics of competition law provided in English and whose contents are created in collaboration with representatives of competition authorities and global corporations as well as university professors and consultants.
4.2. Availability. The Service is available for a limited number of Attendees. The Company makes no guarantee that such a Service will be available to one prospective Customer, as places are released on a first come, first served basis.
4.3. Accessibility. Sessions are delivered online, through a digital learning platform accessible via the Website and/or a mobile application by downloading a mobile app as specified on the Website. During the Session, Attendees will have the possibility to download course materials (2-pager, book chapters, etc).
4.4. Duration. Attendees have access to the digital learning platform at all times from the first day of the Session to the end of the Session.
Starting dates of Sessions are indicated on the Website. Customer is also informed of the duration (in weeks) of the Session before proceeding to the purchase.
4.5. Nature of the Certificate. Some Sessions may lead to the delivery of a Certificate upon completion of the digital training and provided that the requirements indicated in the digital learning platform are met. Sessions that lead to the delivery of a Certificate are specified on the Website. Customer acknowledges that no Certificate has a legal meaning nor value under French law otherwise expressly stated.
4.6. Limitation of accessibility. Customers are not entitled to make the digital learning platform available to unauthorised third parties, to make digital courses publicly accessible or to use or exploit materials made available in any other way than that agreed between the Customer and the Company when purchasing a Session without the express consent of the Company.
5. Purchase process
5.1 Information provided on the Website. On the Website, Customers are informed of the next Sessions available, their durations, their starting dates. Exact details on the content of each Session and of the materials made available are accessible on the Website.
To each available Session, Customers are also informed whether the Session gives right to the delivery of a Certificate and what are the requirements to obtain it.
5.2 Contact of the Company. The Company remains reachable by e-mail or by phone to provide advice and information to Customers.
5.3 Process. To process to a purchase, Customers may either:
– chose on their own the Session corresponding to their needs by clicking on the button “Enroll now” or
– request a quote via the Website by clicking on the button “Get a quote”. Customers will be asked to provide an email address or a phone number to be contacted by the Company in order to set up a quote corresponding to their needs.
5.4 Acceptance of the purchase. Service purchase is finalized by the full payment of the Service. All orders are subject to acceptance by the Company. Acceptance will be confirmed by the Company to Customer after having received the Customer’s payment by sending an email confirming the booking of the Session recalling the nature of the Session, starting dates and its duration, and providing an invoice and these GCS.
The date of conclusion of the contract concurs with the date the Consumer receives an e-mail confirming the purchase.
5.5 Username and Password. Attendees will then receive a username and a password that will enable them to have access to the digital learning platform. Attendees will have the opportunity to modify their password the first time they connect to the digital learning platform and then at any time by accessing their personal account.
6. Service supply
The supply of Service by the Company consists in the ability for the Attendee to attend a Session through the digital learning platform from the first day to the end of the Session. Access to the digital learning platform will be restricted the day after the end date.
7.1. Information on prices and discounts. Prices and price discounts are indicated tax included under the pricing section of the Website. Price discounts apply on prices tax excluded. The 10% permanent discount granted to Concurrences.com subscribers/students/officials is not cumulative with any other discounts that can be made available on the Website.
Before completing the purchase, the Customer will be informed of the full amount to be paid.
7.2. Internet connection costs. The price does not include the cost of the connection to the Internet, which remains on the Customer.
8. Payment terms
8.1. Payment means. The payment can be made by online bank transfer after requesting a quote via the Website or directly by credit card, bank transfer and check via the Website. Customer will be directed to the secured online payment platform used by the Company to receive online payment.
8.2. Payment period. The payment is due and payable in Euros within thirty (30) days from the date of issuance of the invoice and, in all cases, before the start of the Session. Fees that banks may apply to proceed to the payment remain on the Customer. No discount is granted in case of advance payment.
8.3. Consequences of late payment. In case of late payment, Customer acting as professional within the meaning of the French Consumer Code will automatically be liable from the due date for (i) late penalties equal to three (3) times the French legal interest rate calculated from the day after the payment is due until the day payment is made (ii) the lump-sum compensation fixed at EUR. forty (40€) (iii) as well as any justified recovery costs for amounts greater than the amount of the fixed compensation mentioned above.
In addition, the Company reserves the right to refuse any new order and/or to suspend the execution of its own obligations until payment by the Customer of all overdue invoices, without engaging its liability nor giving the Customer the right to claim a credit note or a refund in full or in part.
9. Right of withdrawal
9.1. Period. Consumer Customers have a period of fourteen (14) days from the date of conclusion of the contract to exercise their right of withdrawal without having to justify their reasons or pay any penalty. The date of conclusion of the contract is specified at provision 5.4.
9.2. Exercise of the withdrawal right. Consumer Customers may exercise their right of withdrawal using the standard withdrawal form available in Annex 1 or by any means and in particular by letter to be sent at 19 Avenue Jean Aicard, 75011 Paris France, or by e-mail to the address firstname.lastname@example.org expressing their wish to withdraw without any ambiguity, and mentioning the Invoice reference number concerned by this withdrawal.
9.3. Exclusion. Consumer Customers accept that the Service may start before the expiration date of the withdrawal period. In this case, Consumer Customers expressly acknowledge that they lose their right of withdrawal.
9.4 Refund. Consumer Customers will receive a refund without undue delay and in any event not later than 14 days from the day on which the Company has been informed of the Consumer Customer’s decision to withdraw from the contract.
10. Intellectual property
10.1. Company’s intellectual property. Customers acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials or content supplied as part of the Website at or in connection with the digital learning platform, or Sessions shall remain at all times vested in the Company.
10.2. Attendees’ limitation of use. Attendees may not use or reproduce or allow anyone to use or reproduce any materials distributed at or in connection with the digital training for any reason without the prior written authorization of the Company. This does not prevent Customers using the Website to the extent necessary to make a copy of any order or Contract details.
The Parties acknowledge that any oral or written information exchanged between the Parties or between Attendees in connection with the preparation and performance of digital training are regarded as confidential information. Each Party shall maintain confidentiality of all such confidential information, and shall not disclose any relevant confidential information to any third parties without obtaining the written consent of the other Party or other Attendees for a period of 10 years.
12. Warrant and responsibility
12.1. Warranty. Company warrants access to the digital learning platform at any time in between the starting and end dates of the Session.
However, due to the nature of the internet, Company does not guarantee, represent, or warrant that Customer or Attendee use of the digital learning platform will be uninterrupted or error-free.
12.2. Schedule. Company reserves the right to reschedule live sessions before the end date of the Session for any reasons and cannot be held liable in case Attendee cannot participate in the re-scheduled live session.
12.3. Outcome guarantee. No guarantee of outcome can be made by the Company. In particular, the Company does not owe specific successes, results or other outcomes Attendee intend to achieve. The Company cannot be held responsible in case the Attendee does not get a Certificate. 12.4. Limitation of liability. To the fullest extent permitted by law, the Company including its affiliates, will not be liable in connection with this contract for lost profits or lost business opportunities, reputation (e.g., offensive or defamatory statements), loss of data (e.g., down time or loss, use of, or changes to, information or content) or any indirect, incidental, consequential, special or punitive damages. The Company and its affiliates will not be liable in connection with this contract for any amount that exceeds the total price paid or payable by Customer for the Service. 12.5. Consumer’s limitation. The laws of some countries do not allow some or all of the limitations described above. If these laws apply to a Customer, some or all of the above limitations may not apply to the Customer and the latter might have additional rights.
13. Force majeure
The Company shall not be liable for delays, errors, cancellation or for any damages in the delivery of Service in cases of force majeure. The chosen concept of force majeure is that of the French Civil Code. The party wishing to invoke such an event must without undue delay notify the other of the commencement, and, if appropriate, the end thereof, otherwise it may not be released from its responsibility. Both parties will do everything possible to prevent and/or reduce the effects of non-performance of the agreement caused by this event. In the event that the force majeure event lasts for more than one (1) month, the party that has been notified of the case of force majeure may terminate, immediately, without formality, and without compensation, the part of the contract affected by the force majeure.
14. Personal data protection
14.1. Personal data provisions. The Company processes personal data in accordance with the Law Informatics and Freedoms and the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
14.2. Controller. The Company is responsible for the processing of personal data.
14.3. Nature of the data processed. The Company may ask Customers for certain personal data to provide its Services. This personal data includes Customer’s contact details including name, email, billing address, login and account information, password, payment or credit card information.
14.4. Data use. The Company uses this personal data:
– to provide Customers access to the digital learning platform and Services,
– to communicate information about its Services,
– to operate, improve and maintain its activity and the provision of its Services such as for accounting, audits or internal purposes,
– to enhance Customer’s experience and to help the Company diagnose technical and service problems and administer digital learning platform.
14.5. Data sharing. The Company shares Customer’s personal data with its mother company (Institut de droit de la Concurrence) and for the purposes outlined above and with service providers processing personal data on Company’s behalf, for example to process credit cards and payments. When using service providers, the Company enters into agreements that require them to implement appropriate technical and organisational measures to protect Customer’s personal data.
The Company does not proceed to international transfer of personal data otherwise than with companies part of the same group such as Institut de Droit de la Concurrences (its mother company). Those companies may be located either in France, in the UK or in the US. They may have access to the personal data collected by the Company only to provide Customers information on events organised by the Company or one of the companies part of its group.
14.6. Customer’s rights. Customer has the right to request from the Company access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability by sending an email to email@example.com. Customer may also lodge a complaint with the CNIL (National Commission on Informatics and Freedoms).
15.1. Nature of content learned. The Service is not intended to constitute:
– a definitive or complete statement of the law on any subject.
– legal advice in any specific situation.
Attendee is sole responsible for implementing any content learned.
15.2. Nature of materials provided. The Service may include archived information and resources, which may be incorrect or out of date. Documentation provided must be considered as an educational support that cannot be considered as a practical manual or an official document explaining the applicable regulations.
Customers acknowledge and accept that this documentation in no way commits the Company to its completeness, which is not compelled to ensure any update after the Session.
The Company cannot be held responsible for any error and/or omission, of any nature whatsoever, found in the documentation and provided to the Attendee during the Session.
15.3. Views expressed. The views expressed in the Service are deemed to reflect the personal opinions of the authors, and not the ones of their institution, the publisher or any boards’ members.
15.4. Modification of the Service. The Company may change or withdraw at its discretion part or all of any Service. Service already ordered by Customers and not yet performed or finished will not be impacted by these changes.
16. Entire agreement
If a Court with jurisdiction over this entire agreement finds any part of it unenforceable, the Parties agree that the Court should modify the terms to make that part enforceable while still achieving its intent. If the Court proceeds as such, the Parties agree to remove that unenforceable part and still enforce the rest of this entire agreement.
17. Applicable law and jurisdiction
17.1. Legislation. GCS are governed by, and are to be construed in accordance with French Law.
The French Law is exclusively applicable to any dispute which has arisen or may arise out of, or in connection with, these GCS.
17.2. Jurisdiction. The Courts of Paris will have exclusive jurisdiction to deal with any dispute which has arisen or may arise out of, or in connection with, these GCS.
17.3. Consumer’s limitation. The present clause shall not deprive Consumer Customers of the mandatory consumer protections under the law of the country to which the Company directs its Service where Consumer Customers have habitual residence. With respect to jurisdiction, Courts of the country to which the Company directs its Service and where Consumer Customers have habitual residence will have jurisdictions for all disputes arising out of or relating to these GCS, or in the alternative, Consumer Customers may choose the responsible court in France.
17.4. Online dispute resolution. Consumer Customer may be entitled to seek to settle the consumer dispute with the Company out-of court, through the EU platform for online dispute resolution which is available at http://ec.europa.eu/consumers/odr/.
18. Reminder of warranty available to Consumers (Article D. 211-3 of the French Consumer Code)
Article D.211-3 of the French Consumer Code
Contract for supply of punctual digital content or service “Consumer has a period of two years from the date of supply of the digital content or service to obtain the implementation of the legal conformity guarantee in the event of a lack of conformity. During a period of one year from the date of supply, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.”
"The legal conformity guarantee entails the obligation to provide all updates necessary to maintain the conformity of the digital content or service.”
"The legal conformity guarantee gives consumer the right to have the digital content or service brought into conformity without undue delay following its request, without cost and without major inconvenience to him.”
"Consumer may obtain a reduction in price by keeping the digital content or the digital service or he may terminate the contract by getting a full refund against renunciation of the digital content or the digital service, if:
1° The trader refuses to bring the digital content or service into conformity; 2° The compliance of the digital content or service is unjustifiably delayed; 3° The digital content or service cannot be brought into conformity without imposing costs on the consumer; 4° The compliance of the digital content or service causes a major inconvenience to the consumer; 5° The non-conformity of the digital content or service persists despite the trader’s unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a price reduction or to contract rescission where the lack of conformity is so serious that it immediately justifies the price reduction or contract rescission. In such cases, the consumer is not required to request the trader to bring into conformity the digital content or service.
"In cases where the non-conformity is minor, the consumer is only entitled to contract rescission if the contract does not provide for payment of a price.
"Any period of unavailability of the digital content or service for the purpose of bringing it back into conformity suspends the guarantee that remained until the provision of the digital content or digital service again in conformity” . "The rights mentioned above result from the application of Articles L. 224-25-1 to L. 224-25-31 of the Consumer Code.
"The professional who obstructs in bad faith the implementation of the legal conformity guarantee is liable to a civil fine of up to EUR. 300,000, which can be increased to 10% of the average annual turnover (Article L. 242-18-1 of the French Consumer Code).”
"The consumer also benefits from the legal guarantee of hidden defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or service is retained or to a full refund in exchange for renouncing the digital content or service.
Annex - Withdrawal form
(please only fill in the present withdrawal form if you wish to withdraw from the contract concluded with the Company)
— To Concurrences Academy, 19 Avenue Jean Aicard - 75011 Paris, France (firstname.lastname@example.org)
— I hereby give notice that I withdraw from our contract for the provision of the following service,
— Name of the Service / online training ___________________________________,
Ordered on _________________________________________________________,
— Invoice reference number____________________________________________,
— Name of Consumer_________________________________________________,
— Address of Consumer_______________________________________________,
— Signature of Consumer (only if this form is notified on paper),_______________________________________________________________
Reminder of withdrawal right exclusion (Article 9.3 of the GCS)
Consumer Customers do not benefit from the withdrawal right in case the Service has started before the end of the 14 days period set forth in Article 9.1