LESAGE PARIS, société par actions simplifiée (SAS), registered in the Paris Trade and Companies Register under number 592 011 985, having its registered office at 2 place Skanderbeg, 75019 Paris (“LESAGE“) manufactures highly elaborated embroideries for haute couture, ready-to-wear and accessories, requiring hours of work and excellent know-how.
In 1992, LESAGE founded an embroidery school to propose embroidery enthusiasts to follow embroidery courses (hereinafter the “Course(s)”).
These general terms and conditions of sale (hereinafter the “GTC“) apply to the relationship between LESAGE and any individual Customer (hereinafter the “Customer“) who purchases one or more Courses online via the Website operated by LESAGE at www.ecolelesage.com (hereinafter the “Website“), for himself/herself or for another person (the person who will attend the purchased Course(s) is referred to as the “Beneficiary“, who may or may not be the same person as the Customer).
Are also considered as Beneficiaries the individuals wishing to subscribe to a Course which financing is provided in whole or in part by an external entity (mainly training organization). To this end, they are invited to contact LESAGE directly by telephone, by e-mail or by visiting LESAGE’s offices in order to begin their pre-registration process and to put the Customer (the one financing the Courses – mainly the training organization) in contact with LESAGE.
These GTC also do not apply neither to the purchase of seminars organized by a company.
LESAGE and the Customer (and where applicable, the Beneficiary) are hereinafter collectively referred to as the “Parties” and individually as a “Party“. These GTC are applicable from their date of application specified above, until their next update (materialized by the modification of this date). LESAGE may modify and/or update the terms of the GTC at any time, particularly in the event of changes to the Website or its catalog of Courses. The changes will come into force from the date of posting of the amended GTC. Notwithstanding the foregoing, the version of the GTC applicable to a purchase of Courses on the Website is the one in force on the day of the purchase concerned, a version of which the Customer (and, where applicable, the Beneficiary) certifies that he or she has read and that he or she validates at the end of the ordering process. In other words, any modification of the GTC will not impact an order already placed, which will remain subject to the GTC applicable at the time of validation of the order.
2. DESCRIPTION OF THE COURSES
LESAGE offers several types of Courses in its premises located at 19M (2 Place Skanderbeg, 75019 Paris).
Several blocks and types of Courses are proposed by LESAGE, depending on the level of the Beneficiary. The description of each Courses is available on the Website, including its pedagogical methods (including, if applicable, additional information on equipment or materials required to participate in the Course but not included in the price of the Course concerned), the number of hours (in total and per session), the rates, etc.
The catalogue of Courses proposed by LESAGE may be modified at any time. However, any Course purchased will be provided under the conditions in force at the time of purchase by the Customer. It is advisable to consult the Website before each new purchase of Course in order to know its conditions and details.
At the end of each Course, LESAGE will provide the Beneficiary, on request, with a certificate of attendance.
3. ORDERING A COURSE
Ordering and purchasing Courses on the Website is done by following the steps below:
- The Customer selects the Courses and puts it in the shopping chart by clicking on the “Add to chart” button;
- The Customer is invited to consult the summary of her/his order at any time by clicking on the button representing the visual image of a chart. At this stage, the Customer will be able to check the details of the shopping chart and the contents of the order, including the total price, to identify any errors and to modify the shopping chart by deleting or adding one or more Courses, if necessary.
- Validation of the shopping chart and the order by clicking on the “Proceed to checkout” button, it being understood that at this stage the Customer will also be requested to indicate whether the Courses is being purchased for him/herself or, if applicable, the identity and e-mail address of the Beneficiary,
- The Customer will then be asked to choose between two (2) options:
- Log in with her/his username and password to place the order via his/her Customer account;
- Create a Customer account.
- In order to complete his order, the Customer must :
- Confirm that he/she has read and expressly accepts these GTC by ticking the “I have read and agree to the terms and conditions” box provided for this purpose (the GTC are accessible via a hyperlink on the above-mentioned page);
- Must pay the amount of her/his order by clicking on the button “Place order” which gives access to the secure payment of his order.
The order for the Course(s) shall only be considered definitive after payment in full by the Customer and confirmation by LESAGE by sending an e-mail to the address provided by the Customer containing the order number, its details (i.e., the Course(s) purchased), the method of payment, the total amount and the billing address.
LESAGE reserves the right not to confirm the order, in particular in the event of a refusal to authorize payment or in the event of an abnormal or abusive order or an order that does not comply with the provisions of the GTC. Likewise, LESAGE shall not be held liable if the correct administrative and/or technical processing of an order on the Website is disrupted by a virus, computer bug, unauthorized human intervention or any other cause beyond the control of LESAGE, or if there is a strong presumption of fraud or that fraud has been committed in any form, including computer fraud, in which case LESAGE reserves the right to suspend or cancel the order in progress. In such cases, the Customer will be informed by e-mail of the cancellation of her/his order and will be refunded any sums paid by her/him before the order was cancelled by LESAGE.
The Customer is solely responsible for the choice of the Courses she/he purchases, by whatever means, and declares that he/she has the required capacity to make this purchase.
Once payment has been made, the Customer cannot modify or cancel her/his order. Notwithstanding the foregoing, the Customer may always exercise his right of withdrawal, the terms of which are described in article 6 below.
In the event that the Beneficiary’s Course is financed by an external entity (in particular a training organization), payment for the Course in question shall be made directly between LESAGE and the Customer financing the Course, without passing through the Website. As soon as the issue of the fee and its payment terms have been agreed between LESAGE and the external entity (mainly the training organization), the Beneficiary is invited to log in to her/his Customer Account and select the option “Third party financing” in step v. mentioned above.
4. CREATION OF CUSTOMER ACCOUNT
In order to purchase a Course on the Website, the Customer must create an account on the Website (hereinafter the “Customer Account“), resulting in the creation of a personal space called “My Account“.
In the event that the Customer and the Beneficiary are two different entities, only the Beneficiary, whose payment is made in whole or in part by an external entity (mainly a training organization), must create a Customer Account under the same conditions as those defined below for the Customer.
In order to create a Customer Account, the Customer must complete the mandatory information marked with an asterisk on the account creation form. The Customer’s Account will be created by the automatic generation of a secure password, which the Customer will be able to change by means of the validation email for the account creation, which will be sent to the email address provided by the Customer. The Customer is responsible for the accuracy and updating of the information provided. LESAGE shall not be held liable if the information provided is incomplete or inaccurate and if, as a result, LESAGE is unable to execute all or part of the order in accordance with the terms and conditions. In order for the order to be carried out correctly, the Customer must immediately inform LESAGE of any changes to this information. The Customer may access and modify her/his information at any time in her/his “My Account” section.
The Customer undertakes not to create more than one Customer account and/or to close any additional Customer account at LESAGE’s request.
The Customer must not disclose its Customer Account ID and password to any third party. The Customer is responsible for maintaining the confidentiality of its user ID and password, for restricting access to its computer, and for all activities that occur under its account or using its user ID and password.
The Customer should take care not to reuse the same password associated with his Customer Account in other applications. If the Customer discovers or has reason to believe that her/his password is known to another person or that it is being used or is likely to be used in an unauthorized manner, the Customer must notify LESAGE immediately by sending an e-mail to: [email protected]. LESAGE shall not be liable for any damage resulting from the unlawful, fraudulent or abusive use of the Customer’s login and password and of a Course order by a person not authorized to place such an order.
5. REGISTRATION FOR COURSES
Once the Course has been purchased, the Customer / Beneficiary must contact the LESAGE School, by e-mail ([email protected]), by telephone (+33 1 44 79 00 88) or on Website at 19M, 2 place Skanderbeg, 75019 Paris, by appointment.
For each registration, the Beneficiary will receive an email confirming the registration for the class(es) concerned, summarizing the date and time chosen by the Beneficiary. The registration of a class is final. However, the Beneficiary may contact LESAGE by email at [email protected] to request the possibility of modifying (postponing) a registration up to four (4) working days before the date of the class concerned. In all cases, the modification (postponement) in question will be subject to the prior agreement of LESAGE, which may depend in particular on the calendar of the Courses in question and/or the level of capacity of each class. Any request for change (postponement) within four (4) working days before the date of the class concerned will not be authorized and the class concerned will be deducted from the Beneficiary’s Courses. The same shall apply in the event that the Beneficiary fails to attend the relevant class, except in the event of force majeure, duly documented and justified by the Beneficiary.
Registration for the class that make up a Course is subject to the availability of dates and places and, in any event, for a maximum period of one (1) year from the date on which the Customer receives confirmation by email from LESAGE that the Course has been ordered. In other words, if, at the end of this period, the Beneficiary has not enrolled and attended all the classes covered by the Courses purchased, his/her Courses will expire and he/she will lose the right to enroll in subsequent class in order to complete her/his Course, without this giving rise to any compensation, indemnity or refund of any kind on the part of the Customer and/or the Beneficiary.
The identity of the Beneficiary will be verified on Website at the time of each class that is the subject of the Course. At the Customer’s prior request, LESAGE reserves the right to accept or not, at its own discretion, the replacement of a Beneficiary by another Beneficiary.
6. PRICE AND TERMS OF PAYMENT
The price of each Course is indicated in euros and includes all taxes. The prices of the Courses are those in force on the Website on the day the order is placed. The prices of the Courses are subject to change, but the price changes will not apply to Courses already purchased by the Customer at the time of the price change.
The connection and communication costs associated with the use of the Website are the sole responsibility of the Customer and the Beneficiary.
The fees include only the participation in the Courses concerned. Some Courses require the purchase of equipment or materials from LESAGE. Information on such equipment or materials and their prices is available on the Website, in the terms and conditions and in the description of the Courses concerned. These equipment and materials are not sold online. Their purchase and payment must be made directly to LESAGE at the Courses location and before the start of the class.
The Customer must make a single payment for the full amount of her/his order, online, by credit card (Visa, Mastercard are accepted), PayPal, Klarna or Apple Pay. With regard to payment by credit card, LESAGE has set up a secure payment system for any purchase of a Course on the Website. Payments are made on an external platform by a payment provider in compliance with security standards.
The payment provider, Klarna, may offer the Customer payment facilities (such as three (3) times free of charge) under conditions determined by the relevant payment provider, with which the Customer will enter into a separate contract, to which LESAGE is not a party. The Customer must review and accept the applicable terms and conditions, if any. Klarna’s terms and conditions can be found here: [to be completed Ines].
The payment is considered valid after the payment agreement has been confirmed by the issuing organization. In case of refusal, the order will be automatically rejected, the Customer/Beneficiary will not have access to the Courses concerned and LESAGE will be released from any obligation and responsibility towards the Customer and/or the Beneficiary. The Customer is financially responsible for all outstanding charges generated in connection with the Customer’s refusal to pay.
An invoice will be sent to the Customer as soon as possible on request to the school (by e-mail to info.ec[email protected] or by telephone to +33 1 44 79 00 88).
7. RIGHT OF WITHDRAWAL
7.1 In accordance with the provisions of article L. 221-18 of the French Consumer Code, the Customer has a period of fourteen (14) calendar days from the day following receipt of the email confirming the Courses order to exercise her/his right to withdraw from LESAGE and to cancel his order without having to give any reason. If this period expires on a Saturday, Sunday or public holiday, it shall be extended to the next business day.
In order to exercise its right of withdrawal, the Customer must notify LESAGE before the expiry of the aforementioned period by means of an unambiguous statement expressing her/his wish to withdraw, sent by e-mail to [email protected] or by post to the address (2 Place Skanderbeg, 75019 Paris). The Customer may also use the withdrawal form (template attached to these GTC) by printing it out, filling it in, signing it and returning it to LESAGE by e-mail or by post to the above addresses.
In all cases, the burden of proof for exercising the right of withdrawal shall rest with the Customer.
LESAGE will refund the Customer the total price paid by the Customer for the Courses that was the subject of the Customer’s withdrawal under the above conditions (subject to the reservations set out in point 6.2 below), using the same means of payment as the one used by the Customer, no later than fourteen (14) days following the date on which LESAGE is informed of the Customer’s decision to withdraw.
7.2 LESAGE draws the attention of the Customer and the Beneficiary to the fact that, in view of the specific nature of the services ordered and the fact that the Beneficiary may decide to enroll in and, where appropriate, attend all or part of the classes associated with a purchased Courses before the end of the above-mentioned withdrawal period, some of the provisions of article 6.1 above may not be applicable, in accordance with articles L.221-25 and/or L.221-28 of the French Consumer Code.
In order to fully understand the cases in which the right of withdrawal is not applicable and/or the refund is limited, the Customer is invited to take note of the following:
- If the execution of a Course has begun on the initiative of the Beneficiary by registering and, if applicable, attending all the classes related to the purchased Courses, and is thus completed before the end of the fourteen (14) day cancellation period, the Customer will no longer be able to exercise his/her right of cancellation, which he/she is deemed to have expressly waived.
- If the execution of a Course has begun on the initiative of the Beneficiary by registering and, if applicable, attending part of the classes related to the purchased Courses before the end of the fourteen (14) day cancellation period, but has not been fully completed at the time of cancellation, The Customer shall be liable for all costs relating to (is) the booked classes that must take place within four (4) working days or less from the date of notification of the Customer’s decision to withdraw, and (ii) the classes that the Beneficiary has already attended at the date of notification of the Customer’s decision to withdraw. These fees will be prorated on the basis of the number of classes involved in the Courses.
In other words, the registration of the Beneficiary for all or part of the classes relating to the Courses purchased before the end of the Customer’s cancellation period is worth the Customer’s express request that the execution of the Course begin before the end of her/his cancellation period. At that time, LESAGE will begin the administrative and organizational steps (in particular, booking and blocking of the dates) to enable the Beneficiary to benefit from the Courses. Similarly, participation by the Beneficiary in all the classes relating to the Courses purchased before the end of the Customer’s cancellation period constitutes recognition by the Customer that she/he no longer has the right to cancel.
LESAGE shall not be liable for any direct or indirect damage, loss or expense resulting from the use or inability to use the Website, or from any malfunction, interruption due to maintenance or any other cause, or from the use of the Internet network, such as loss of data, intrusion, virus, interruption of service or any other involuntary problem. Furthermore, to the extent permitted by law, LESAGE shall not be liable for any direct damage, including immaterial or indirect damage, which may result from access to the Website or improper use of the Website or the content of the Courses by the Customer and the Beneficiary.
LESAGE makes every effort to ensure that the information accessible on its Website is accurate. However, LESAGE does not guarantee in any way that this information is accurate, complete or up to date. LESAGE declines all responsibility for the content of third-party sites to which there are links or from which there are links back to the Website. Access to such sites is at the risk of the Customer and the Beneficiary.
LESAGE shall not be held liable for the non-fulfilment or improper fulfilment of any of its obligations relating to the provision of Courses if such non-fulfilment or improper fulfilment is the result of force majeure, an act or omission by the Customer or the Beneficiary, an unforeseeable and insurmountable act by a third party, or an obstacle beyond LESAGE’s control, which LESAGE could not reasonably have foreseen at the time of the Customer’s order confirmation and the consequences of which LESAGE could not reasonably have avoided or overcome.
9. INTELLECTUAL PROPERTY RIGHTS
The Website and all its components, in particular the programs, data, texts, images, sounds, drawings, graphics, etc., are the property of LESAGE or are the subject of a license granted to it. Any copy, reproduction, representation, adaptation or distribution of all or part of the Website, by any means and on any medium, is subject to the prior written authorization of LESAGE, subject to the exceptions provided for in the Intellectual Property Code.
It is forbidden to create a hyperlink to the Website from a third-party Website without the prior written authorization of LESAGE.
LESAGE and its affiliated companies are the exclusive owners of the rights to their trademarks, logos, designs, models, advertising material, products, representations of their products, patents, trade secrets, know-how, etc. and more generally, of all intellectual property rights relating to their creations and distinctive signs (the “Protected Elements“). The Customer and the Beneficiary are expressly prohibited from using the Protected Elements in any country, for any reason whatsoever (including as a commercial reference) and in any manner whatsoever, without the prior written consent of LESAGE.
In this respect, the present GTC do not transfer to the Customer and/or the Beneficiary any right or title, directly or indirectly, to the Protected Elements made available to the Beneficiary or to which the Beneficiary may have access during the Courses (including samples, paper documents such as drawings, embroidery kits, study pieces, course presentations, technical memos and, more generally, any support or educational content, etc., that are part of the Protected Elements). The Customer and the Beneficiary are only authorized to use the Protected Elements for strictly personal purposes related to the Beneficiary’s participation in the classes, to the exclusion of any professional or commercial use. In this respect, it is strictly forbidden for Customers and Beneficiaries to use the models of the LESAGE embroidery kits as a commercial reference, for demonstrations, publications, etc., on any medium (Website, social networks ….) and for any reason whatsoever, without the written authorization of LESAGE. The certificate of participation to the Courses does not in any way constitute such authorization. The Customer and the Beneficiary are reminded that it is forbidden to make any recordings (videos…) or take photographs during the classes sessions.
10. COMPLETENESS – NULLITY
The provisions of these GTC constitute the entire agreement between the Customer, the Beneficiary and LESAGE. They take precedence over all proposals, correspondence prior to and subsequent to the conclusion of these GTC, as well as any other provision contained in documents exchanged between the parties relating to the subject matter of the GTC, unless an amendment is duly signed by the representatives of both parties. The Preamble is an integral part of the GTC.
Each provision of these GTC is independent. If any of the provisions of these GTC are invalid, void or considered as such due to a change in legislation, regulation or by a final court decision, this shall not affect the validity and observance of the other provisions of the GTC, which shall remain in force between the Parties.
The fact that one of the Parties does not invoke a breach of any of the obligations referred to in these GTC shall not be construed as a waiver of the obligation in question.
12. APPLICABLE LAW AND DISPUTE RESOLUTION
These GTC, as well as any Courses order placed on the Website, shall be governed by French law.
In the event of a complaint or dispute relating to the use or content of the Website, the present GTC and/or Courses, LESAGE invites the Customer (and, where applicable, the Beneficiary) to contact LESAGE’s Customer Services department, which can be contacted by e-mail at info.eco[email protected] or by telephone at (+33 1 44 79 00 88).
If the Customer (and, where applicable, the Beneficiary) has not succeeded in amicably settling her/his complaint or dispute directly with LESAGE’s Customer service, or in the absence of a reply from LESAGE, within [two (2) months] of sending his written complaint, the Customer (and, where applicable, the Beneficiary) has the option of referring the matter, free of charge, to within one (1) year from the date of the written complaint, to LESAGE’s Customer Service, the consumer mediator of which LESAGE is a member, namely the online mediation service of the Centre de Médiation et d’Arbitrage de Paris (hereinafter “CMAP”), accessible at the URL http: //cmap. fr/ or at the following postal address CMAP (Consumer Mediation Service), 39 avenue Franklin Roosevelt – 75008 Paris.
In order for the Customer’s (and, where applicable, the Beneficiary’s) referral to the CMAP to be admissible, the request must contain: the Customer’s (and, where applicable, the Beneficiary’s) postal address, telephone number and e-mail address, the full name and address of the LESAGE company, a brief statement of the facts, and proof that the Customer (and, where applicable, the Beneficiary) has previously taken steps to resolve the dispute amicably. Article L152-2 of the Consumer Code: The Consumer Mediator cannot examine A dispute when:
- The consumer shall not be entitled to claim that she/he has not previously tried to settle her/his dispute directly with the trader by means of a written complaint in accordance with the procedures, if any, laid down in the contract;
- The claim is manifestly unfounded or abusive;
- The dispute has been or is being examined by another conciliator or by a court;
- The consumer has made her/his request to the mediator more than one year after his written complaint to the professional;
- The dispute does not fall within the professional’s sphere of competence. The consumer shall be informed by the mediator of the rejection of his request for mediation within three weeks of receipt of the file.
Notwithstanding the foregoing, if an amicable settlement cannot be reached (including following the mediation process described above) or if the Customer (and, where applicable, the Beneficiary) wishes to bring the claim or dispute directly before the courts without following an amicable settlement process, the French courts shall have jurisdiction to hear any dispute relating to the Website, these GTC and/or a Courses.
Last update: 04/04/2023
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