ARTICLE 1 : INTRODUCTORY REMARKS
- These general terms and conditions (hereinafter the “TAC”) apply to the access and use of the website “www.giftedlab.org” (hereinafter the “Site” or the “Platform”) and to the services, content and other functionalities accessible on the Site (hereinafter the “Services”). In particular, the TAC apply to the sale of the Services available on the Site.
- The owner of the Site is Miona Majstorović Lemaître, individual entrepreneur (auto-entrepreneur) domiciled at 5 rue Christiani 75018 Paris, Ile-de-France, France, registered with the URSSAF/Régistre du commerce et des sociétés de Paris under the identification number SIRET 88045727000010, email address: email@example.com. (hereafter “GiftedLab”).
- By accessing the Platform, registering the user account, using the Services, content or any other functionality available on the Platform, you accept the TAC as a legally binding agreement between GiftedLab and you and you understand and agree that you are a party to this agreement.
- GiftedLab reserves the right to change, at any time, the TACs and all other rules and policies relating to the Services available. Changes are effective the day they are posted on this web page. GiftedLab recommends that users periodically check the TACs and other rules and policies available on the Platform, governing the available Services, so that users can become aware of such changes. Continued use of the Application after the TAC has been modified shall be deemed acceptance of the TACs.
- If one or more of the provisions of the TAC are found to be invalid, illegal or unenforceable, they shall be deemed to be unwritten and the remaining provisions shall remain in force.
- The use of the services, features and content available on the platform in a manner contrary to the TACs will be considered a violation of the TACs.
- You can contact GiftedLab with any questions, complaints or suggestions via the following email: firstname.lastname@example.orgemail@example.com.
ARTICLE 2 : PURPOSE OF THE SITE
- The site provides services consisting of a variety of activities for children, parents, teams, organisations, etc., with the aim of nurturing and developing the potential of the platform’s users.
- Some of the Services are provided directly by Miona Majstorović Lemaître, and Services consisting of various classes and courses may be provided by other professional educator-contributors, via the Platform.
- If you choose to purchase Services provided by professional educators other than Miona Majstorović Lemaître, the Platform serves as an intermediary that connects you with those professional educators. The individual references of each educator will be available on the Platform.
- After registering, i.e. creating an account on the platform, you will be able to purchase services (including goods such as books, cards, etc.) from the platform:
French Language Classes and Courses (FLE);
Courses in linguistics, marketing, online communication, social-emotional learning (SEL), SEL coaching, learning coaching for HIP (high intellectual potential) and 2e (double exceptional), etc;
Workshops for children, teenagers, young adults, parents, educators, professionals, organisations;
Webinars and short or long term online training/coaching sessions;
Conferences and other types of professional training
Book Study groups;
Purchase materials (maps, manuals, etc.) related to the topics covered on the site;
Purchase of book summaries on giftedness, HIP (high intellectual potential) and 2e, etc;
Forums (including discussion/support groups, webinars, etc.)
other services, content and features available,
hereinafter jointly referred to as “Services”.
- Some of these services are only available to users who have opened accounts on social networks such as Facebook, Voicethread, Zoom, etc.
- Users may opt-in to receive GiftedLab newsletters, which may contain information of interest regarding the Services.
ARTICLE 3 : REGISTRATION AND USER ACCESS
- The term “Users” is used to refer jointly to natural and legal persons who :
access the platform without registration, for information purposes only (hereinafter: “Guests”); or
to access the Platform and create their Platform user account (hereinafter “Registered Users”).
- Registered users may open an account on the platform in their own name or, in the case of children under the age of 18, the account may be opened by their parents/legal guardians. In this case, both parents and children will be considered as registered users and will have to adhere to these TAC.
- Registered users are required to provide complete, accurate and valid data when opening an account on the platform. Each registered user is responsible for all activity related to their account, as well as for the protection of their password. In the case of registered users who are children, their parents/legal guardians will be responsible to the extent permitted by applicable law. It is prohibited to use the account and data of third parties for registration purposes.
- Only registered users will be able to purchase a service available on the platform.
- When registering, the User agrees to provide valid and accurate information. In particular, the User agrees to provide his/er e-mail address in order to receive information from GiftedLab regarding the Services. Any information communicated by e-mail by GiftedLab to the User shall be deemed to have been read by the User.
- Any registered User may request the deletion of their Platform account, and GiftedLab shall delete such account.
- GiftedLab reserves the right to deny access to the Platform and Services, unilaterally and without prior notice, to any User who does not comply with these TAC.
- Consultation of the Site is accessible free of charge to any User with Internet access. All costs related to access to the Site, whether hardware, software or Internet access costs, are borne exclusively by the User. The User is solely responsible for the proper functioning of his/her computer equipment and Internet access. GiftedLab does not guarantee that the Site will be constantly available and without any technical difficulties. GiftedLab is not bound by any obligation of result concerning the accessibility of the Site, and is in no way responsible for interruptions and the consequences that may arise from them. GiftedLab also reserves the right to suspend, interrupt or limit access to all or part of the Site at any time and for any period (including permanently) without notice, for any reason whatsoever. The User is informed that GiftedLab may terminate or modify the features of the services offered on the Site at any time. GiftedLab reserves the right to make any interruption for reasons of technical maintenance necessary for the proper functioning of the Site and related materials, or to update the Site or for any other reason.
- The User may contact GiftedLab to report any illegal or obviously inappropriate behaviour or content. This can be done by email to firstname.lastname@example.org.
ARTICLE 4 : SITE CONTENT AND USER CONTENT
- For purposes of these TAC, the term “Content” includes, but is not limited to, the GiftedLab brand, information, data, text, photos, video and audio files, written announcements and comments, software, scripts, visuals, design, logos and trademarks created, distributed and otherwise made available through the Platform.
- GiftedLab is the sole owner of the Content and the Content may only be used for private, non-commercial purposes. The Content may not be multiplied, reproduced, publicly displayed (broadcast), distributed or otherwise used commercially without the prior written consent of GiftedLab.
- “User Content” is any content that the user has created, uploaded, added, published, sent or distributed via the Platform.
- User warrants that all User Content is accurate, complete, valid, and complies with applicable laws and these Terms and Conditions. User grants GiftedLab exclusive permission to review, edit, publish, distribute or otherwise use User Content in any manner permitted by applicable law.
- GiftedLab does not warrant and is not in any way responsible for: 1) the completeness, accuracy, truthfulness, availability, timeliness, security and reliability of any content, and GiftedLab does not warrant or take any responsibility for the completeness, accuracy, truthfulness, availability, timeliness, security and reliability of User content ; 2) compensation for any damage to the User’s operating system, loss of data or other damage caused by the User’s access to or use of the Platform or the Services or any User Content and/or User Materials; 3) the deletion of or inability to store or transfer any User Content and/or User Materials and any other communications held by the Platform; and 4) does not guarantee that the Platform will comply with the User’s request and will be available on an uninterrupted, secure and error free basis. The User shall have no right to bring claims against GiftedLab in relation to the circumstances listed in this point, nor to claim damages.
ARTICLE 5 : INTELLECTUAL PROPERTY
- All the Content defined in point 4.1 and the Site itself, including the name, brand, logos, designs, texts, graphics, images, videos, information, logos, button icons, software, audio files, Services and others, are the property of GiftedLab, i.e. Miona Majstorovic Lemaître, who is the sole owner of all the related intellectual property rights. The content elements are protected by copyright, trademark law, design law and/or other intellectual property rights.
- Any representation and/or reproduction and/or exploitation of all or part of the Content and Services offered by GiftedLab, in whole or in part, by any means whatsoever, without the prior written authorisation of GiftedLab, is strictly prohibited and may result in legal action.
- Any total or partial reproduction of the Content, without the express authorisation of GiftedLab, would constitute a trademark infringement and is therefore prohibited by the provisions of the Intellectual Property Code. The site and its content are protected as literary and artistic works under French copyright law.
- Access to GiftedLab does not give Users any right of exploitation (in particular the right of reproduction, representation, adaptation, etc.) on the elements protected by intellectual property law relating to GiftedLab, which remain, in all circumstances, the property of GiftedLab, i.e. of Miona Majstorović Lemaître.
- Unless expressly agreed in advance, the user is not permitted to modify, reproduce, rent, lease, borrow, sell, distribute or create derivative works based in whole or in part on the materials on the GiftedLab website or catalogue.
- The user is expressly prohibited from reproducing (other than for personal, non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to, modifying or otherwise working with this site and the material contained therein, or selling or participating in the sale of this site, the material contained therein or any related software or any portion of the content.
- GiftedLab, i.e. Miona Lemaitre is the exclusive assignee or licensee of the intellectual property rights in the content present or made available through the Site and/or GiftedLab, including, but not limited to, courses, training materials, videos, power points, text, drawings, photographs, music, graphics, logos, buttons, images and data compilations. This content is protected by intellectual property law, including copyright and database law.
- GiftedLab is also the producer of the video and audio recordings accessible on the Site and has its own intellectual property rights in this regard as well. The purchase of products and/or Services on the Site does not imply any transfer or license of intellectual property rights to the User. No title or right of any kind in any item or software shall be obtained by downloading or copying items from this site.
- GiftedLab grants the User a non-exclusive licence to use the Site. This licence is strictly personal and may not be assigned or transferred to a third party. The licence is granted for the duration of the use of the Site.
- It is strictly forbidden, without prior written authorisation or otherwise than for the private needs of users related to the monitoring of training and courses, to extract, download, use, reuse, reproduce, disseminate, distribute, in any form whatsoever, and on any medium whatsoever, all or part of the Content and Services. In particular, you may not use any data gathering or extraction tool to extract (in one or more instances) or reuse a substantial portion of any Content without the express prior written consent of GiftedLab.
- Any unauthorised use of the Content, the Services or any of their elements constitutes an infringement of copyright and may result in civil or criminal proceedings and the payment of damages.
ARTICLE 6 : USER OBLIGATIONS AND RULES OF CONDUCT
- The user is responsible for his or her own actions in relation to the user content, the content, the platform and the services.
- The user is prohibited from uploading, sending, downloading, publishing, capturing, distributing or allowing the distribution of the user’s content using the platform, and must not allow third parties to do so:
infringes the intellectual property rights of others, including patents, trademarks, copyrights or other proprietary rights, unless there is a license or other viable legal basis to publish such content;
is inaccurate, false, inappropriate, illegal, harmful, threatening, offensive, disturbing, vulgar, contains pornographic material, indecent, may lead to hate speech, racial, sexual, religious or other discrimination;
may infringe on someone’s privacy or violate in any way the rights of another user or third party;
is confidential and/or commercially sensitive, i.e. it is defined as a business secret;
is unauthorised or unwanted advertising material, junk mail, spam or any other form of unauthorised advertising;
contains viruses or any code, files or programs created or used with the intent to damage or disrupt the operation of any software, hardware, telecommunications equipment or to gain unauthorised access to any GiftedLab system, data, passwords or other information.
represents any other person or entity, i.e. uses anyone’s identifying data or discloses confidential financial information of third parties;
who intends to promote other content, including sharing links from other businesses, online shops, and especially competing platforms.
- The user is prohibited from taking any action that: 1) cause or may cause an unreasonable load on the network and burden the Platform’s infrastructure; 2) disrupt or attempt to disrupt the regular operation of the Platform, the Services or any related activities; 3) interfere with the security protocols and functionality of the Platform and/or the Services (as well as the accounts and systems of others associated with the Platform and/or the Services); 4) initiate any form of spam or automated messages into the Platform and/or the Services.
- The User is prohibited from: 1) reverse engineer, decompile, disassemble, decrypt or otherwise attempt to isolate the source code of the Platform and/or Services or any related technology, or copy or modify any part thereof, i.e. create ideas, Create derivative ideas, products and/or services based on the Platform and/or the Services, or any related technology (except with the prior written consent of GiftedLab); 2) reference any link or any Content or information available on the Platform, (except with the prior written consent of GiftedLab); 3) use any information, content or data on the Site to provide a service that is considered to be in competition with GiftedLab; 4) sell, trade or monetise the information, content or data on the Platform or the Services offered through the Platform, without the prior written consent of GiftedLab.
- In the event of a breach of the rules of conduct and limitation set out in Article 6, GiftedLab will send a notice to the User requesting that the User delete or modify the User Content that is in breach of this TAC within the specified time period; if the User does not take action within the specified time period to harmonise/modify the User Content, GiftedLab reserves the right to temporarily suspend the User’s account or permanently prohibit access to the Platform and Services, in which case the User’s account will be deleted;
- In the event of suspension or prohibition of access to the Platform and deletion of the account from the Platform, the user shall not be entitled to compensation for damages due to the inability to use the Platform caused by the user himself.
- Notwithstanding points 6.5 and 6.6, GiftedLab, i.e. Miona Majstorovic Lemaître may take civil and/or criminal action and claim damages in the event of a breach of this Article 6 by the User.
ARTICLE 7: PURCHASE AND PAYMENT FOR SERVICES
- If a Registered User wishes to purchase a Service (or item) available on the Platform, they may do so by selecting the desired Service, entering their personal data necessary for the provision of the Service, and in the case of a purchase of goods, providing GiftedLab with their delivery address.
- The net prices of the services or items available on the platform will be indicated on the platform. (VAT not applicable, article 293B of the CGI)
- Where the product involves physical delivery, shipping costs are indicated separately. The price does not include customs and/or import charges which may be payable by the customer for orders placed outside the European Union. These costs are payable directly by the customer to the relevant authorities. It is the customer’s responsibility to find out about these duties and taxes applicable to their shipment.
- The Services will be provided after full payment has been made using one of the payment methods stipulated in section 7.6, in accordance with the timetables for the provision of Services provided on the Platform. In the event of the possibility of payment in instalments, this possibility will be communicated to the Users in due time.
- If the chosen Service is provided by a professional educator other than Miona Majstorovic Lemaître, payment is made directly to that professional educator, to the bank account that the professional educator provides directly to the Registered User.
- If the chosen Service is provided by Miona Majstorović Lemaître, several payment methods are available, as follows
Credit card: payments are made via the secure Revolut/STRIPE system which uses SSL (Secure Socket Layer) protocol so that the information transmitted is encrypted by software. The User will receive a payment receipt by e-mail as well as a payment receipt certifying the debit of his/her bank account.
In the case of payment by credit card, the Site uses the Stripe/Revolut security system, a service provider specialising in the security of online payments. This system guarantees the User total confidentiality of his/her bank details. The credit card transaction between the User and the secure system is therefore fully encrypted and protected. The User’s bank details are not kept electronically by GiftedLab.
The ephemeral bank card: this is a prepaid card that the User can acquire from his neo-bank to make his online purchase even more secure.
Bank transfer to the Revolut Business account of GiftedLab.
- Product orders are delivered to the postal address that the User has indicated as the delivery address when validating his/her order. The User will be held responsible if the information provided is erroneous or incomplete and does not allow the delivery of the products ordered. The product(s) ordered will be delivered to the delivery address indicated by the User at the time of placing the order.
- The delivery is made at the risk and expense of the User.
- GiftedLab reserves the right to suspend or refuse the order, in particular in the event that the data communicated by the User proves to be manifestly erroneous or incomplete.
- The User must ensure that the information required for the provision of the Services or the delivery of the items is correct, and remains correct until the complete delivery of the product(s) ordered. The User therefore undertakes to inform GiftedLab of any change in billing and/or delivery details that occurs between the order and delivery, by sending an email to the customer service email address without delay. Failing this, in the event of a delay and/or error in delivery, the User may not hold GiftedLab responsible for a failure to deliver, and GiftedLab’s customer service department will contact the User for a second delivery at the User’s expense.
ARTICLE 8: RIGHT OF WITHDRAWAL
- In accordance with Articles L.221-18 et seq. of the French Consumer Code, the User/Customer has a period of 14 days from receipt of the product ordered on the Site to exercise his/her right of withdrawal from GiftedLab, without having to justify his/her reasons or pay any penalty.
- All Products/Services can be refunded, except those excluded by Article L. 221-28 of the Consumer Code, reproduced below:
- The right of withdrawal cannot be exercised for contracts:
- the supply of services which are fully performed before the end of the withdrawal period and where performance has begun after the consumer has given his prior express consent and has expressly waived his right of withdrawal;
- The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
- The supply of goods made to the consumer’s specifications or clearly personalised;
- The supply of goods likely to deteriorate or expire rapidly;
- The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
- The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the time of the conclusion of the contract depends on market fluctuations beyond the control of the trader;
- Maintenance or repair work to be carried out urgently at the consumer’s home and at the consumer’s express request, within the limits of spare parts and work strictly necessary to meet the emergency;
- The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- The supply of a newspaper, periodical or magazine, with the exception of subscription contracts for these publications;
- Concluded at a public auction ;
- The provision of accommodation services, other than residential accommodation, transport services, car rental, catering or leisure activities which must be provided at a specific date or time;
- The supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer has given his express prior consent and has expressly waived his right of withdrawal.
- Physical item being delivered:
The User who buys a physical item that can be delivered from the website can withdraw from the contract within 14 days, by sending an email to email@example.com notifying his will to withdraw from the contract provided that he has not unsealed the item after delivery.
The goods will be sent by Post Office.
- Audio or video products:
The user who orders audio or video products on the GiftedLab website does NOT have a right of withdrawal, in accordance with Article L.221-28 of the Consumer Code. By confirming his/her order, the consumer accepts that the execution of the service begins immediately with the supply of the digital audio or video product.
- Open access e-learning:
Consumers who wish to register for an online training course available at any time (without a specific completion date) may withdraw from the contract within 14 days, by sending an e-mail notifying their wish to withdraw from the contract to miona[at]giftedlab.org.
However, once the training has begun with the supply of the first module by GiftedLab, the right of withdrawal will no longer be possible pursuant to Article L.221-28 of the Consumer Code.
- Online conferences, webinars or training/workshops:
Consumers who wish to register for online conferences, webinars, training or workshops DO NOT have a right of withdrawal, as long as the event is scheduled for a specific date or period, in accordance with Article L.221-28 of the French Consumer Code. Unless specifically agreed in the particular conditions of each event, the cost of participation is due at the time of registration and will not be refunded.
Where the consumer has the right of withdrawal, the amount paid shall be refunded within 14 days of written notification of withdrawal, using the same means of payment as the one used by the consumer for the original order.
Where the right of withdrawal relates to a physical product that has been delivered to the consumer, the consumer undertakes to return the product to GiftedLab within fourteen (14) days of notification of his decision to withdraw from the contract. The return shall be at the consumer’s expense and responsibility. Reimbursement shall be made within fourteen (14) days of GiftedLab’s receipt of the goods.
To exercise the right of withdrawal from the Order, the User must notify its decision to withdraw using the withdrawal form provided in the appendix to this document or by means of an unambiguous statement, without giving reasons. He/she may communicate his/her decision to withdraw to GiftedLab by any means. To notify us of this decision, the User/Customer can send us the withdrawal form duly completed and signed to the following address: firstname.lastname@example.org.
- Exercise and effect of the right of withdrawal:
In the event that the User notifies GiftedLab of their decision to withdraw, by any means whatsoever, GiftedLab will send them an acknowledgement of receipt of the withdrawal without delay on a durable medium (in particular by email).
The User must return the product(s) in the same condition in which he/she received them, and with all packaging, accessories and instructions (except if the product(s) has/have been unpacked, than the right to withdrawal cannot be exercised, Art L221-29, 9°), as soon as possible and at the latest within 14 days following the notification of the decision to withdraw from this contract, to the following address: 5 rue Christiani, 75018 Paris. In accordance with the law, the cost of returning the product(s) shall be borne by the Customer.
In the event of the User’s withdrawal, the refund of the Product(s) and/or Service(s) that were the object of the right of withdrawal will be made by GiftedLab by the same means of payment as that used for the initial transaction, unless the User expressly agrees to a different means. In any case, this refund does not entail any costs for the User. The refund is made as soon as possible, and at the latest 14 days from the day the GiftedLab is informed of the User/Customer’s decision to withdraw from the Order.
In accordance with Article L.221-23 of the Consumer Code, the User/Customer is informed that he/she is liable to GiftedLab for the depreciation of the product(s), returned following the exercise of his/her right of withdrawal, resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this or these goods.
ARTICLE 9 : PERSONAL DATA
ARTICLE 10 : WARRANTY OF GIFTEDLAB SERVICES AND PRODUCTS
- Legal guarantee for all users/customers
In accordance with articles 1641 to 1643 of the Civil Code, GiftedLab is bound by the guarantee of the products against hidden defects which make the products unfit for the use for which they are intended, or which diminish this use so much that the purchaser would not have acquired them or would have given only a lesser price if he/she had known them.
- In the event of a hidden defect, the customer must act within a short period of time, in accordance with Article 1648 of the Civil Code, and may choose between returning the product with a hidden defect in exchange for a full refund, or keeping it in exchange for a partial refund.
- GiftedLab shall not be liable for any product warranty against apparent defects of which the customer could or should have been aware at the time of purchase. Similarly, GiftedLab is only liable for hidden defects of which it was aware at the time of sale and of which it did not warn the customer.
- Additional legal guarantee for users with consumer status
In accordance with Article 1649 quater of the Civil Code, the buyer who is a consumer also benefits from a two-year legal guarantee for all defects of conformity that existed at the time of delivery of the product and that have appeared within a period of two years from delivery.
This warranty includes repair or replacement of the defective product at no cost to the consumer.
If, however, such repair or replacement proves impossible, disproportionate to GiftedLab or would cause serious inconvenience to the consumer, an appropriate reduction or refund may be offered to the consumer, provided that the consumer returns the defective products.
In the event that specific spare parts or accessories required to repair the product are no longer available from the manufacturer, GiftedLab shall not be liable for any loss of use of the product.
The consumer is required to inform GiftedLab of the existence of the lack of conformity, in writing, within a maximum of two months from the day on which he/she noticed the defect, on pain of forfeiture of his/her right to claim.
Only the invoice, receipt or order form shall serve as the buyer’s warranty certificate to GiftedLab. These documents must be kept by the customer and presented in their original version. The warranty period starts on the date mentioned on these documents.
This warranty does not apply if the failure is due to misuse, external causes, improper maintenance, normal wear and tear or any use not in accordance with the manufacturer’s or GiftedLab’s instructions.
In the event of damage, theft or loss of a repaired product, GiftedLab’s liability shall in any event be limited to the purchase price of the product. GiftedLab shall not be liable for the loss or reproduction of data stored in or by electronic devices returned for repair.
- Warranty on services provided
GiftedLab undertakes to perform the services in a professional manner.
GiftedLab’s commitments regarding courses, workshops, counselling/coaching sessions, personality tests, webinars, training, discussion/support groups, conferences (as well as Book Study groups and the sale of book summaries) are limited to a strict obligation of means. In no event shall GiftedLab be liable if the results expected by the User cannot be achieved.
ARTICLE 11: LEGAL AND COMMERCIAL GUARANTEES
- All products offered by GiftedLab are subject to the legal guarantee of conformity provided by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and to the guarantee of hidden defects provided by articles 1641 and 1648, first paragraph, of the Civil Code:
The non-conforming product will be replaced or repaired according to the costs provided for in the Consumer Code.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
Thus, the User :
(i) has a period of two (2) years from the delivery of the product to bring an action for lack of conformity of the product
(ii) is exempted from proving the existence of the lack of conformity of the goods during the ten (10) months following the delivery of the product,
(iii) may choose between repairing or replacing the product, subject to the cost conditions set out in Article L. 217-9 of the French Consumer Code.
In addition, the Customer may also invoke the legal guarantee for hidden defects in the item sold, as defined in Articles 1641 et seq. of the Civil Code. The legal guarantee for hidden defects allows the Customer, within a period of two years from the discovery of the defect, to be reimbursed for a Product that has proved unfit for its purpose.
The warranty for hidden defects allows the customer to be protected against hidden defects in the purchased product that prevent its use or affect it to such an extent that the customer would not have purchased it.
The Customer then has the choice between two options: to keep the product and ask for a reduction of the price, or to return the product and ask for a refund of the price paid, in accordance with Article 1644 of the Civil Code.
- If User believes that he/she has received a product/service that he/she considers to be defective or non-conforming, he/she should contact GiftedLab, as soon as possible after receipt of the Order, at the following e-mail address: email@example.com, or by registered mail with acknowledgement of receipt at the following address: 5 rue Christiani, 75018 Paris, specifying the defect or non-conformity at issue.
- It is up to the User to provide any justification for the designation of apparent defects and/or anomalies. The User must allow GiftedLab every facility to proceed with the observation of these defects or anomalies and to remedy them if necessary. The User shall refrain from intervening or having a third party intervene for this purpose.
- If GiftedLab confirms the defects and/or deficiencies, it will send instructions to the User on how to proceed after reviewing the complaint and, if necessary, will replace the product for which GiftedLab found the defect or deficiency.
- In the event that an exchange of the product is not possible, GiftedLab will be required to refund the User within fourteen days of receipt of the product. The refund will be made at the suggestion of GiftedLab by crediting the User bank account, with the User being able to choose another method of refund than the one offered.
ARTICLE 12: LIABILITY
- GiftedLab does not guarantee the uninterrupted and error-free operation of the Services, and in particular, GiftedLab shall not be held responsible in the event of interruption of access to the Platform due to maintenance operations, updates or technical improvements.
- GiftedLab does not warrant that the Platform will be free of defects, errors or bugs, or that defects, errors or bugs will be corrected, or that will operate without GiftedLab is not responsible for malfunctions caused by third-party software.
- Access to the Services dedicated to Users is by means of a login and a password. When registering, each User will be given a login and a password. The User undertakes to keep his/her password secret and not to disclose it in any form whatsoever to anyone. The User remains responsible for the use of his/her user ID and password.
- In no event shall GiftedLab be liable for any indirect or consequential loss or damage suffered by the User or any third party, including, bu t not limited to, any loss of profits, unfortunate investments, inaccurate or corrupted files or data, loss of image or business, loss of turnover or profit, loss of goodwill or loss of opportunity in any manner and on any basis whatsoever.
- In addition, GiftedLab shall not be liable for any delay or failure to perform this contract caused by force majeure, as defined by the case law of the French courts. Furthermore, GiftedLab shall not be held responsible for any delay or failure due to force majeure or an event beyond their control, or due to the User or a third party.
- It is expressly agreed that GiftedLab may only be held liable in the event of proven fault and for direct and foreseeable damage, exclusively caused by GiftedLab to fulfil its obligations, to the exclusion of indirect damage, loss of profits, turnover, clientele, information, commercial prejudice or foreclosure of production of claims.
- In the event that GiftedLab is found to be liable in the performance of this TAC the User shall not be entitled to any compensation or damages other than (i) reimbursement of payments already made by the User for that part of the Service where a breach or error attributable to GiftedLab is revealed or (ii) non-payment for that part of the Service.
- In the event that the User demonstrates the existence of gross negligence or fraud on the part of GiftedLab, the loss for which the User may seek compensation shall only include material damage resulting directly from the fault attributed to GiftedLab, to the exclusion of any other damage, and may not, in any event, exceed 75% (excluding tax) of the amount actually paid by the User in execution of the Service order. Also, if GiftedLab were to be held liable, it could not under any circumstances agree to compensate the User for indirect damages or damages whose existence and/or quantum would not be established by proof.
- It is the responsibility of the User to find out about any restrictions or duties imposed by their country on the products ordered. GiftedLab cannot be held responsible if the customer is faced with any restrictions or additional taxes to be paid due to the policy adopted by their country in this regard.
- GiftedLab cannot be held responsible for damages caused by a misuse of one of its Products/Services or by the failure to respect the precautions of use and the conditions of hygiene, storage and safety during the use of one of its Products/Services.
- The Site may contain links to other sites not edited or controlled by GiftedLab, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
- The User is fully aware of the provisions of this article and in particular the guarantees and limitations of liability mentioned above, essential conditions without which GiftedLab would never have contracted.
ARTICLE 13: APPLICABLE LAW AND JURISDICTION
- This TAC is governed and interpreted in accordance with French law, without regard to the principles of conflict of laws. In the absence of amicable resolution of disputes between the parties, the competent French courts will be called upon to settle the dispute
- Any dispute relating to the products or services delivered by the Publisher/Miona Majstorović Lemaître/GiftedLab, as well as any dispute relating to the validity, interpretation or execution of these general conditions, shall be subject to French law and to the exclusive jurisdiction of the French courts within the jurisdiction of the Paris Court of Appeal.
- In the event of a dispute arising from the interpretation and/or execution of this TAC, the User may decide to submit the dispute with the GiftedLab to a conventional mediation procedure or to any other alternative dispute resolution method.
- Amicable settlement of disputes
In the event of a dispute, the parties undertake, before any referral to the judge, to submit their dispute to one (1) judicial conciliator chosen from among the members of their profession. From the date of his appointment, the conciliator shall have a period of two (2) months to find an amicable solution to the dispute between the parties. During the conciliation, no legal proceedings may be initiated by either party.
If an amicable agreement cannot be reached within the time limit, the matter may be brought before the competent court.
In case of urgency, to stop a manifestly unlawful disturbance or to prevent imminent damage, the parties can always issue a writ.
- It is reminded that any possible dispute relating to the validity, interpretation or execution of this TAC is subject to the civil courts, in case amicable settlement proves impossible.
ARTICLE 14: CONSUMER OMBUDSMAN
14.1. The User is nevertheless informed that his/her dispute may only be examined by the Consumer Ombudsman if he/she can prove that he/she has previously attempted to resolve his/her dispute directly with GiftedLab by means of a written complaint sent by registered letter with acknowledgement of receipt, and that this complaint has not been successful or has remained without a response within a period of two (2) months.
14.2. In accordance with articles L.612-1 to L.612-5 of the French Consumer Code, any consumer has the right to have recourse free of charge to a consumer mediator for the amicable resolution of a dispute with a professional. To this end, the Publisher/Miona Majstorović Lemaître/GiftedLab guarantees the consumer User effective recourse to a consumer mediation system.
14.3. In accordance with the provisions of the French Consumer Code relating to the amicable settlement of disputes with Miona Majstorović Lemaître/GiftedLab, The Consumer is informed that he/she may in any case resort to conventional mediation, in particular with the Mediation and Arbitration Centre of Paris (hereinafter referred to as “CMAP”) for any dispute concerning the supply of Goods and Services, subject to compliance with the conditions of admissibility of his request.
14.4.You can use the mediation service for consumer disputes related to an order placed on the Internet.
14.5.To find out how to contact the Ombudsman: To find out about these conditions and to contact the CMAP, the Consume may visit the website: www.cmap.fr or contact it either by post at the following address CMAP-Service Médiation de la consommation, 39 avenue Franklin D. Roosevelt, 75008, Paris, or by e-mail: firstname.lastname@example.org.
- Finally, it is recalled that mediation is not compulsory but only proposed in order to resolve disputes by avoiding recourse to the courts.
- The User can also visit the European platform for the settlement of consumer disputes set up by the European Commission at the following address, which lists all the approved dispute settlement bodies in France: https://webgate.ec.europa.eu/odr/.
- If this mediation procedure fails or if the User wishes to bring a case before a court, the rules of the Code of Civil Procedure shall apply.
ARTICLE 15: LANGUAGE OF THE CONTRACT
- The Contract is written in French. A foreign language translation may be provided for information purposes. In case of contradiction, only the French version shall prevail between the Parties.
ARTICLE 16: DO NOT CALL LIST
- The User has the possibility of registering free of charge on a BLOCTEL (www.bloctel.gouv.fr) list of opposition to telephone canvassing in order to no longer be canvassed by telephone by a professional with whom they do not have a current contractual relationship, in accordance with the law n°2014-344 of 17 March 2014 relating to consumption.
- Any consumer can subscribe to this list free of charge at https://conso.bloctel.fr/index.php/inscription.php.
Miona Lemaître 5 rue Christiani 75018 Paris
06 11 73 23 66
I hereby notify you of my withdrawal from the contract of sale of the product(s)/service(s) mentioned below:
Name of the client: