TERMS OF SALES
APPLICABLE FROM MARCH 5, 2018
PREEMBLE
These General Terms and Conditions of Sale (hereinafter CG;) govern the relationship between the INCARNATIO company identified in Article 1 (hereinafter referred to as Incarnatio), which offers photography course sessions in the form of Workshops (hereinafter referred to as Session;) and anyone purchasing and/or registering and/or PARTICIPATING in one or more Course Session(s) (hereinafter referred to as " the PARTICIPANT").
The T&Cs regulate all the steps necessary for placing the order and ensure the follow-up of this order between the contracting parties. Each purchase of a SESSION made by THE PARTICIPANT will hereinafter be referred to as "RESERVATION(S)".
The SESSION reservation module is available on the website www.workshop.normal.fr, referred to as "THE SITE". On the Site, information on the SESSIONS is offered in French.
Any reservation of NORMAL Workshop SESSIONS made or not from the SITE is governed by the T&Cs.
ITEM 1 : COMPANY
INCARNATIO, a simplified joint-stock company with a capital of, whose registered office is located at 22 rue Vicq d'Azir and registered in the Trade Register of Companies of XXX under number :
INCARNATIO is publisher of the photographic magazine NORMAL and of the site NORMAL.MAGAZINE.FR.
E-mail address: info@workshop.normal.fr
Telephone: +33(0)607080910
The director of publication is Mr. Philippe GUEDON
The Site is hosted by the company ONE&ONE whose registered office is Montabaur Elgendorfer Straße 57 56410 Montabaur Germany Tel: +49 2602 96 00
ARTICLE 2 : ACCEPTANCE OF THE GENERAL CONDITIONS
2.1 The PARTICIPANT acknowledges expressly and unreservedly accepting these GCS and having read all of its terms, the fact:
- or tick the box: “I have read the General Conditions and I adhere to them without reservation” on the Site, in particular when Booking a Session.
- or to order a Course by any other means, meaning that the PARTICIPANT confirms having accepted these General Conditions without reservation.
These General Conditions constitute a contract between the PARTICIPANT and INCARNATIO.
2.2 THE PARTICIPANT declares that he is at least 18 years old and has the legal capacity to place an order on the Site.
2.3 If the PARTICIPANT refuses to comply with any of the obligations and conditions contained in these General Conditions, he is invited not to order a SESSION and/or not to register and/or follow it.
2.4 INCARNATIO reserves the right to modify and update the General Conditions of Sale without notice. INCARNATIO advises its PARTICIPANTS, and in general to any user, to re-read the General Conditions of Sale of the Site regularly.
The modified General Conditions will come into force as of their posting on the Site and will therefore apply automatically. The fact of ordering and/or following a SESSION after any modifications made to the General Conditions of Sale will constitute acceptance by the PARTICIPANT of these modifications.
Date of update of the General Conditions of Sale: March 5, 2018
ARTICLE 3: ACCOUNT CREATION
3.1 THE PARTICIPANT acknowledges having read at the time of establishing his Session Reservation, the specific applicable conditions set out on the screen (Presentation of the subject of the SESSION and the themes addressed, date, time, place of the meeting, price, particularities of the proposed event, particularities of the material necessary for the SESSION, limitations) and expressly declares to accept them without reservation. The Reservation by the PARTICIPANT materializes his full and complete acceptance of the T&Cs.
3.2 To reserve a Session on the Site, the PARTICIPANT must create an Account and be :
. or a natural person having reached the age of legal majority and/or having the capacity to conclude a contract within the meaning of the law, and having accepted these General Conditions without any reservation.
. or a legal person, in which case the person who undertakes on behalf of the legal person concerned must be duly authorized to represent the latter.
The PARTICIPANT undertakes to create only one Account corresponding to his profile.
The creation of an Account is done:
. or by personally completing the registration form, accessible online (Hereinafter referred to as " leForm "). By completing the Form, the PARTICIPANT confirms that he has read the T&Cs and agrees to submit to them without reservation ;
. or by transferring the data provided to a third-party social network via the applications authorized by this network (Facebook, Google or Twitter accounts). In this case, the PARTICIPANT is solely responsible for the transfer of data that he carries out with a view to creating his Account and he acknowledges authorizing the use of his data by INCARNATIO for the purposes of creating and administering his Account.
3.3 Regardless of the method of registration, by completing the registration form, the PARTICIPANT warrants to INCARNATIO that he has provided accurate, truthful, up-to-date and complete information concerning his identity and contact details and in particular his e-mail address and telephone number. telephone.
He undertakes in particular to provide an effective electronic address of which he is the owner. INCARNATIO reserves the right, for any serious and objective reason, to suspend its Account. The reason can only be communicated at the prior request of the PARTICIPANT and at the discretion of INCARNATIO.
The PARTICIPANT undertakes to regularly update all the information concerning him relating to his profile, in order to preserve their accuracy. Each PARTICIPANT may at any time modify the data concerning him, which he deems useful or necessary, by clicking via the space " Espace PARTICIPANT ".
INCARNATIO reserves the right to verify that these General Conditions have been complied with and, as such, to request from the PARTICIPANT all the information and verifications necessary to certify the veracity of the information communicated by the latter.
In the event that the PARTICIPANT provides objectively false, inaccurate, outdated or incomplete data, INCARNATIO will be entitled to suspend or terminate the User's Account and to refuse him, in the future, access to any SESSION .
_cc781905- 5cde-3194-bb3b-136bad5cf58d_ _cc781905-5cde- 3194-bb3b-136bad5cf58d_ 3.4 The email address and password chosen by the PARTICIPANT during registration allowing access to his Account, this data is confidential and the PARTICIPANT is solely responsible of any use that may be made of his username and password, and the sole guarantor of their confidentiality, as well as any use of his Account.
The PARTICIPANT undertakes to inform INCARNATIO immediately of any use or risk of unauthorized use of his Account, and of any breach of the confidentiality and security of his means of identification, by using the contact form available on the Site.
If INCARNATIO has legitimate grounds to believe that the security of the Service has been violated or that it is misused due to unauthorized use of the PARTICIPANT's means of identification, it may temporarily suspend the Account in order to to preserve the integrity of the Site and the data, and, if it appears appropriate, to require the modification of these means of identification.
3.5 The RESERVATION of a SESSION is made online on the SITE via the links of the dedicated sections, the PARTICIPANT can select:
. the photographer of the SESSION he wishes to follow;
. the available SESSION date depending on the city selected by the PARTICIPANT.
The RESERVATION can be made as long as the SESSION is open for purchase on the Site and there are still one or more places available, the SESSIONS being limited to a determined number of PARTICIPANTS.
Given the technical constraints related to the operation of the Site and in order to ensure effective payment for the SESSIONS by the PARTICIPANT, registration only becomes final upon receipt by the PARTICIPANT of a confirmation email. registration of the selected SESSION: in the absence of receipt of such an email, the PARTICIPANT cannot consider that his registration has been validated by INCARNATIO and will therefore not be accepted for the SESSION concerned.
ARTICLE 4: METHODS OF PAYMENT
4.1. The PARTICIPANT guarantees that he is fully authorized to use the method of payment that he will use for the RESERVATION and that his means of payment give access to sufficient funds to cover all the costs resulting of the RESERVATION.
4.2 All orders regardless of their origin are payable in euros.
Any costs related to financial transactions are entirely the responsibility of the PARTICIPANT.
4.3 This payment can be made by :
4.3.1 Bank card (secure):
payment is made by credit card Carte Bleue, Visa, or Mastercard, by providing the requested information.
INCARNATIO uses the PAYPAL (paypal.com) payment service. This service incorporates the SSL security standard.
Confidential data (16-digit credit card number, expiry date) are transmitted encrypted (encoded) are not transmitted to the INCARNATIO server
Confidential data relating to the means of payment are not accessible to INCARNATIO, but managed directly by the security service. INCARNATIO guarantees that the cryptology means and services used to secure transactions have been authorized or declared in application of the legislation in force.
The debit of the bank card entered will take place only when the bank details have been verified and the debit authorization of the bank card has been received. Payment is made via a secure platform.
The amount of the order is debited at the time of payment validation.
In case of refusal of the card used by the payment center, the order is automatically cancelled. THE PARTICIPANT is invited to print the proof of the transaction which will be displayed on the screen after effective payment of the order.
4.3.2 By bank transfer when registering for a SESSION
4.3.3 Par chèque bancaire : le paiement is made by means of a bank check payable to " INCARNATIO " which the PARTICIPANT must send to INCARNATIO with the indication of the number of order on the back of the cheque. Registration will be processed when the check is cashed, which may lead to an additional delay of approximately seven (7) days required for the check to be cashed by INCARNATIO, payment by check does not guarantee the RESERVATION of a place in a SESSION until the cashing of the check.
If the check is not received either within fifteen (15) days of the order or within five (5) working days (Saturdays, Sundays and public holidays not being worked) preceding the date of the SESSION ordered, INCARNATIO may cancel the request.
Finally, the PARTICIPANT is informed that the processing time of a payment by check implies that the selected SESSION may no longer be available if the maximum number of PARTICIPANTS has been reached in the meantime : it will then be proposed to the PARTICIPANT either a new date for the SESSION or a cancellation of his request.
4.4 No RESERVATION can be made by telephone.
4.5 The validation of the order associated with the authentication procedure and the protection of the integrity of the messages constitutes an electronic signature having between the parties the same value as a handwritten signature. The computerized records, kept in INCARNATIO's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Archiving of orders and invoices is carried out on a reliable and irreversible medium so as to correspond to a faithful and durable copy, in accordance with article 1348 of the civil code.
4.6 Any " panier " validated by THE PARTICIPANT constitutes irrevocable acceptance which can only be called into question in the limited cases provided for in these general conditions in the following articles:
INCARNATIO retains full ownership of the tickets and SESSIONS sold until full receipt of all sums due by THE PARTICIPANT in connection with his order, including fees and taxes.
The transfer of ownership of a SESSION or ticket purchased at INCARNATIO by THE PARTICIPANT to a third party will not be borne by INCARNATIO.
Only THE PARTICIPANT of origin of this property may claim to access the clauses of these general conditions of sale.
4.7 The following contractual information will be the subject of a confirmation email no later than the day of the SESSION:
. your booking references
. the amount of the order;
. the means of payment chosen by the Buyer.
ITEM 5 PRICE
5.1 The prices displayed on the Site are indicated in euros, all taxes included, including VAT (if applicable), excluding postage and order processing costs. The prices are those in force on the day of the order. They take into account the VAT applicable on the day of the order (if concerned).
5.2 Any change in the VAT rate will be automatically passed on to the prices without the Internet user being informed beforehand.
5.3 For any delivery outside the territory of the European Union, customs taxes and formalities are, unless otherwise indicated in the order form, the sole responsibility of THE PARTICIPANT who undertakes to check the possibilities of importing the products into the country of delivery.
5.4 If the rate carries a discount offer, this is understood to cover the period of validity of the said offer. Once this period has passed, no possibility of benefiting from this offer will be offered.
ARTICLE 6 : ONLINE BOOKING OF SESSION(S) ON THE SITE
6.1 The SESSIONS offered for registration by INCARNATIO are those appearing on the Site on the day of consultation by the Buyer. SESSIONS are offered within the limits of available places.
6.2. The Site presents the essential characteristics of the SESSIONS offered on the online store:
• Date of the SESSION and duration in number of days;
• Presentation of the subject of the SESSION and the themes addressed;
• Presentation of the photographer instructors;
Under no circumstances does INCARNATIO offer an option for managing accommodation or transportation to the meeting point of the SESSION.
6.3. The services offered for sale are described and presented with the greatest possible accuracy on the website. In the event of an error or omission in this presentation, INCARNATIO cannot be held liable. The photographs and texts illustrating the SESSIONS have only an indicative value and do not enter into the contractual field.
6.4. At any time, THE PARTICIPANT may request clarification on the nature and characteristics of the SESSIONS offered by simple request by e-mail to the following address: info@workshop.normal.fr or by phone at 01 02 03 04 05.
6.5 In the event of an error in the availability of the reserved SESSION, THE PARTICIPANT will be informed as soon as possible and will have the option of canceling their order. In the event of an error in the availability of the reserved SESSION, THE PARTICIPANT will have the possibility of exchanging a SESSION of equivalent price or of canceling his RESERVATION and therefore of being reimbursed within thirty (30) days from the date request, the sums collected by INCARNATIO.
If it is impossible to exchange, INCARNATIO reserves the right to cancel the PARTICIPANT'S RESERVATION and reimburse the sums received.
ARTICLE 7 TERMS OF REGISTRATION FOR SESSIONS
7.1. Within the limit of available places, the registration for a SESSION of a PARTICIPANT is only definitively validated after receipt of full payment of the sale price of the SESSION according to the terms of payment proposed on the Site and information from the PARTICIPANT. .
The list of PARTICIPANTS is composed as and when payment of the sale price is received.
The balance of the payment is due at least one (1) month before the start of the desired SESSION.
7.2 In the event of RESERVATION of a SESSION by a third party, the PARTICIPANT undertakes to communicate, at the latest fifteen (15) days after the order, the name of the PARTICIPANT as well as his contact details and confirmation of the choice of the SESSION (in particular in the case of a gift voucher), subject to availability.
7.3 Any specific request or information (health, accessibility, etc.) must be notified at the time of registration, on the registration form or by telephone on 06 07 08 09 10
INCARNATIO will do its best to take it into account but cannot in any way guarantee that it will be satisfied unless INCARNATIO confirms it to you in writing.
In some cases, special requests may result in additional costs that INCARNATIO will report.
ARTICLE 8 : PARTICIPANT'S ATTITUDE DURING THE SESSION
In the event that the attitude of a PARTICIPANT during the SESSION is likely to cause harm, danger or trouble to one of our Photographers or the team present or to one of the other PARTICIPANTS or to the material, INCARNATIO reserves the right to terminate its SESSION at any time.
In this case, the PARTICIPANT will not be able to claim any reimbursement or compensation for the early termination of his SESSION and INCARNATIO reserves the right to claim reimbursement of the costs from him.
INCARNATIO retains the right to refuse the presence of this PARTICIPANT at future SESSIONS without having to reimburse any SESSIONS RESERVED by this PARTICIPANT.
ARTICLE 9 NUMBER OF PARTICIPANTS FOR THE SESSIONS
The number of PARTICIPANTS is limited depending on the type of SESSION. As an indication, and not exhaustively: 6 people maximum for SESSIONS lasting 1 day.
ARTICLE 10 : CANCELLATION AND RIGHT OF WITHDRAWAL
10.1 In accordance with the provisions of Article L.121-21-8 of the Consumer Code, SESSIONS are not subject to a right of withdrawal.
10.2 The cancellation of a SESSION can be made by a previously registered PARTICIPANT, provided that INCARNATIO is informed at least thirty (30) days before the start of the SESSION. This decision must be communicated by registered letter with acknowledgment of receipt sent to the following address: INCARNATIO XX rue de XXX 75000 Paris
A cancellation made within the deadline mentioned above will lead to the reimbursement of the sums paid, with the exception of one hundred (100) euros retained for administrative costs. After this period, no refund will be possible unless the PARTICIPANT duly provides proof of a case of force majeure (medical certificate, death certificate of a relative, etc.).
Any course started is due in full, even if the PARTICIPANT does not show up (except in cases of force majeure as mentioned above).
10.3 INCARNATIO reserves the right to cancel any scheduled SESSION if the trainer is no longer able to provide the SESSION.
INCARNATIO reserves the right to cancel any scheduled SESSION if the number of registered PARTICIPANTS is insufficient up to twenty (20) days before the start of the SESSION.
If necessary, INCARNATIO will study, in consultation with each PARTICIPANT, the possibilities of offering them another SESSION.
However, if no solution is found, INCARNATIO undertakes to reimburse all sums collected at the time of registration.
In the event of cancellation of a SESSION due to INCARNATIO, no costs of any kind whatsoever will be reimbursed or compensated.
ARTICLE 11 LIABILITY AND INSURANCE
PARTICIPANTS come with their own photography equipment and/or laptops for the SESSION. INCARNATIO cannot be held liable for damage caused to equipment belonging to the PARTICIPANT during the SESSIONS.
The PARTICIPANT undertakes to take out and maintain in anticipation and for the duration of the SESSION civil liability insurance covering bodily injury, material, immaterial, direct and indirect damage likely to be caused by its actions or those of its employees for the damages of INCARNATIO, particularly in the case of travel (car, train, boat, etc.) during the SESSION.
ARTICLE 12 REPRODUCTION AND REPRESENTATION RIGHTS
Each PARTICIPANT in a SESSION assigns free of charge to INCARNATIO the rights of reproduction and representation of his photographs taken within the framework of the SESSION for any commercial and non-commercial use.
The right of reproduction includes the fact of reproducing and/or having reproduced by any technical process on any medium (paper, digital, electronic, etc.) and in any format, the photographs of the PARTICIPANTS taken within the framework of the SESSION, in particular for the purpose of to securely save the images taken. To publish them on the sites and applications published by INCARNATIO, on the magazines published by INCARNATIO, on the books published by INCARNATIO, on the social networks managed by INCARNATIO and the various digital media (Newsletter, emailing, advertisements) published by INCARNATIO.
The right of representation which includes the fact of representing and/or having represented all or part of the photographs of the PARTICIPANTS taken within the framework of the SESSION.
ARTICLE 13 PROTECTION OF IMAGE RIGHTS
13.1 The PARTICIPANT who takes photographs during a SESSION must prior to any snapshot (and its distribution) ensure that the persons photographed give their written consent. Templates for the distribution of image rights will be available from any trainer.
INCARNATIO cannot be held responsible for any dissemination. The PARTICIPANT takes his photos on a personal basis and guarantees INCARNATIO against any action or recourse that may be brought by any person photographed in violation of his image, his private life or any other right that he may assert.
13.2 Registration for a SESSION implies that the PARTICIPANT agrees to be photographed at the place of the SESSION and that the photographs thus taken can be used to communicate (on any medium, website, various paper and digital media) on the SESSIONS organized by INCARNATIO for a duration of five (5) years.
ARTICLE 14 CONTRACTUAL DOCUMENTS
The contract is formed by the following contractual documents, in descending order of priority:
. these general conditions of sale;
. the " panier " consisting of the accepted estimate, supplemented by the information necessary to identify THE PARTICIPANT (last name – first name – billing postal address and/or delivery – telephone – e-mail address);
. the bill.
ARTICLE 15 PERSONAL DATA
The information requested from THE PARTICIPANT is necessary for the processing of his order and may be communicated to the contractual partners of INCARNATIO involved in the processing of orders.
In accordance with the law " informatique et libertés " of January 6, 1978, THE PARTICIPANT has the right to access and rectify information concerning him, that he can exercise by contacting INCARNATIO by email at info@workshop.normal.fr otherwise by post to the following address:
INCARNATIO, XXX rue 75000 Paris
ARTICLE 16 COOKIES
To facilitate your navigation on the Site, INCARNATIO uses cookies.
Cookies are files recorded on the hard disk of THE PARTICIPANT's microcomputer, the purpose of which is to indicate the latter's visit to the Site, when consulting other pages of the Site or during a new visit, and to record information relating to navigation (pages consulted, date and time of consultation, etc.).
The information thus collected by INCARNATIO being subject to computerized processing, you have a right of access, rectification and deletion under the conditions set out in article 14.
ARTICLE 17 ENTIRE AGREEMENT
If, for any reason, one of these general conditions of sale should be declared
inapplicable or invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, this inapplicability would not affect the application of the other provisions of the general conditions which will retain all their strength and scope. The one deemed inapplicable is then replaced by the closest possible provision.
ARTICLE 18 RESPONSIBILITIES
Neither INCARNATIO nor the PARTICIPANT shall be held responsible for any non-performance resulting from a case of force majeure beyond their control, including in particular, without limitation, cases of war, attack, riot, insurrection, transport disruption, import or export problem, strike, lockout, shortage, fire, earthquake, storm, flood.
Similarly, INCARNATIO cannot be held responsible for the use of the products ordered and delivered, the PARTICIPANT being solely responsible for their use by himself or by a third party.
ARTICLE 19 APPLICABLE LAW - SETTLEMENT OF DISPUTES
These general conditions of sale are subject to French law. Disputes that may arise between the parties during the execution or interpretation of this contract will, in the absence of amicable settlements, be brought before the Commercial Court of Paris.