General Terms & Conditions
Last update: 01.01.2023
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DEFINITION OF THE PARTIES
Between Amandine STEPPE – EI,
A microenterprise registered with the RCS under the SIRET number 839 219 722 00023 (trade name: ” NxT – House of Luxury Branding “),
Whose postal address is 61, rue du Château d’Eau, 33 000 Bordeaux – FRANCE,
Registered as a Training Organization under the number 75331193233 with the Prefect of the Nouvelle-Aquitaine region and referenced in the Data-Dock under number 0076773, hereinafter referred to as the “vendor”, “NxT”, “the company” or “the company”,
and
The natural or legal person purchasing products, services or products from the company, hereinafter referred to as the “Buyer”, or “Customer”.
préamble
The vendor offers training, interventions and individual and group coaching, both online and face-to-face, marketed through its website (https://nxt-branding.com/) and the online platform Systeme.io.
The list and description of the services offered by the vendor can be seen on the aforementioned website as well as on the associated sales pages.
The present General Terms and Conditions apply to all consulting, creation, communication and training services provided by NxT. Ordering a service, whatever it may be, implies the customer’s complete and unconditional acceptance of these General Terms and Conditions.
Unless formally accepted in writing by NxT, no general or specific condition opposed by the customer may prevail over these General Terms and Conditions.
article 1 – PURPOSE
The present General Terms and Conditions determine the rights and obligations of the parties in the context of the sale of individual and collective products and services offered by the seller:
- Training courses,
- Coaching,
- Interventions.
article 2 – general provisions
These General Terms and Conditions (“GTC”) apply to all sales of products or services made through the NxT sales platform and constitute an integral part of the contract between the buyer and the seller.
The seller reserves the right to modify these GTC at any time, by publishing a new version of them on its website. The applicable GTC are those in force at the date of payment of the order (or the first payment in case of multiple payments). These GTC can be viewed on the company’s website at https://nxt-branding.com/terms-conditions/
The company also ensures that their acceptance is clear and without reservation at the time of purchase. Customers must declare that they have read all of these General Terms and Conditions of Sale and, where applicable, the special terms and conditions of sale related to a product or service, and accept them without restriction or reservation.
Customers shall acknowledge that they received the necessary advice and information to ensure the suitability of the offer to their needs. Customers declare that they are legally capable of entering into a contract under French law or that they validly represent the individual or legal entity for which they are entering into a contract. Unless proven otherwise, the information recorded by the company constitutes proof of all transactions.
The present General Terms and Conditions of Sale are provided automatically with each quote sent to the customer. The GTC constitute the legal basis of all our contracts. They supersede any contrary clauses, printed or not, proposed by Customers or taken as a basis for drafting their order, unless explicitly accepted by NxT.
article 3 – products et services
The main characteristics of the goods and services and their respective prices are provided to the purchaser on the company’s website and/or in a quotation sent to the customer before proceeding with payment.
The online sale at NxT is open to the following products and services:
- Online/face-to-face training,
- Online/face-to-face interventions,
- Individual/group coaching.
The seller commits to honor the order. The seller will inform the customer in case of default. This contractual information is presented in detail and in English.
In accordance with French law, they are subject to confirmation when the order is validated. The parties agree that the illustrations or pictures of the products for sale have no contractual value.
The validity period of the offers as well as their price are listed on the sales pages of the products, on the quotations as well as the minimum duration of the proposed contracts when they concern a continuous or periodic supply of products or services.
The rights granted hereunder are only granted to the natural person who signs the order (or to the person who holds the e-mail address provided), except under special conditions. In the event of suspected fraud, the Buyer agrees to have his access to the training courses permanently removed.
article 4 – prices
The Company reserves the right to change its prices at any time in the future.
The telecommunication fees incurred to access the NxT’s websites and services are the Customer’s responsibility.
The prices of the various NxT services are given in euros, excluding VAT and including VAT, on the quotes and sales pages.
The indicated prices include the performance of the service(s), the provision of deliverable content (tutorials, workbooks, etc.) when necessary and indicated. Preparation and production time for the exchanges and deliverables are also included in this price.
Additional costs may be added if needed and will be specified on the quote and the sales pages (travel, accommodation, etc.).
article 5 – online contract conclusion
The customer has to follow a series of steps that are specific to each product or service offered for sale by the Seller in order to complete the order:
- Information on the product’s main characteristics through a video conference, text message, voice message, using the information on the quote or the sales page associated with the concerned service,
- Providing the customer information (identification, address…), required on the payment form,
- Acceptance of the present General Terms and Conditions,
- Checking the elements of the order and correcting any errors,
- Following the payment instructions,
- Payment of the products,
- Confirming the payment,
- Automatic e-mail confirmation of the order,
- A personalized e-mail is sent no later than 72 hours after payment confirmation, including the invoice and the elements necessary to perform the service (links to an online schedule, survey to be completed before the first appointment, identifiers and access to an online platform, etc.).
The customer undertakes to provide truthful identification information in order to complete the order correctly.
The products remain the property of the company until the complete payment of the price.
The seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
In general, the service will only start after the partial or total payment of the service has been received.
The validity of the deadline for completing the coaching will be subject to the deadline for payment of the deposit and compliance with the deadlines for the customer to send resources (text content, visuals, etc.).
The mission entrusted to NxT cannot be initiated without all the resources requested, which are required for its successful completion.
In the event that the requested resources are not provided within one (1) month of the signing and/or payment of the deposit, and/or in the event that the Customer is considered to have resigned (no response by email and/or telephone after one (1) month – as of the first reminder), NxT reserves the right to discontinue the service without compensation to the Customer and without the possibility of a refund of the amounts already paid. The work done up to that point will be due and the elements will be delivered as is.
The seller reserves the right to refuse the order:
- For any abnormal request, made in bad faith or for any legitimate reason,
- For any inadequacy between NxT’s operating mode and the objectives, vision, and resources effectively used by the client.
article 6 – payment
The Customer can make the payment via our encrypted and secure payment platforms, by credit card or via Paypal. The secure online credit card payment is processed by our payment provider Stripe.
The transmitted information is encrypted according to the latest standards and cannot be read during transmission on the network. Once the payment is made by the customer, the transaction is immediately charged after the information is verified.
The payment is made upon actual collection of the price; the delivery of a draft or any other document creating an obligation to pay does not constitute a payment in full discharge.
In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. Customers shall provide their banking information at the time of the sale and authorize the seller to debit their card for the amount of the price indicated.
Customers must then confirm that they are the legal holder of the card to be debited and that they are legally entitled to use it.
The service will be validated and initiated only after receipt of the deposit or the total amount requested, paid online via a payment link (CB and Paypal). The payment links are available on the company’s website or will be sent by NxT.
In case of mistake, or impossibility to debit the card, the sale is immediately resolved by right and the order cancelled.
NxT allows its customers to pay for certain services in installments: the customer agrees to pay monthly all installments validated at the time of signing the quote. All installments are due. In the event of an unpaid due date, NxT reserves the right to put the buyer on notice to pay the amount invoiced and to add the current legal interest rate. Any sum not paid on time, late payment, or non-payment (in case of return by the bank of the payment vouchers for non-payment) of a sum due by the Client, will result in the immediate suspension of the services.
In the event that the delay in payment exceeds two months, NxT reserves the right to take legal action.
The Client will not be entitled to claim compensation from NxT due to the suspension of services following a payment incident.
article 7 – Refund
On-line training
In accordance with Article L121-21-8 of the Consumer Code: “The right of withdrawal may not be exercised for contracts […] for the supply of digital content not provided on a physical medium whose execution has begun after the consumer’s express prior agreement and express waiver of his right of withdrawal.
Consequently, no refund will be made.
Individual and collective coaching
The paid sums cannot be refunded.
In the case of group coaching, the client commits to show up at the scheduled appointments. Any missed appointment will be visible in the replay. The client will not be able to request a new session because of his absence.
In the case of individual coaching, the client agrees to respect the dates set during the appointments and to inform NxT in advance if there is an unforeseen event on the day, at the latest 4 (four) hours before the scheduled time. Otherwise, the client understands and accepts that the session will be billed and/or deducted from the package, even if the client is absent.
If the call (by phone or video conference) from NxT is not answered, the call will also be billed and/or deducted from the package, without any other refund possibility.
A new appointment may be scheduled, depending on NxT’s availability schedule and without guarantee.
In case NxT cancels a coaching session, for whatever reason, the company agrees to notify the client as soon as possible. The session will also be rescheduled as soon as possible.
article 8 – order modification
Any order modification must be made in the same way as the initial order. Any order cancellation will result in NxT keeping the deposit that was attached to the order / the sums already paid without prejudice to additional compensation that the agency could claim before the courts due to this cancellation.
article 9 – delivery terms
On-line training
The electronic products are delivered to the e-mail address that was given at the time of the order within 60 minutes. This timeframe does not include unforeseen circumstances, a data entry error by the customer, or technical bugs in the tools used (such as the payment or training platform). With the exception of these unforeseen circumstances, the customer gets access to the product as soon as payment is received.
When the customer orders several products at the same time, they may have different delivery times and be delivered in different ways. The Seller reminds customers that when they take physical possession of the products, the risks of loss or damage to the products are transferred to them. However, if the customers encounter any problem, they can contact the customer service at bonjour[at]nxt-branding.com
Individual support
The delivery of the final files will take place after the last payment has been received.
The delivery of “printable” files (business cards, flyers, etc.) is understood as “without printing”.The transfer of intellectual property takes place definitively at the end of the last payment made by the customer.
article 10 – liability & obligations of the parties
Damages
NxT cannot be held responsible for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, hacking, breakdown of service, or other involuntary problems.
By accepting these GTC, the Customer acknowledges that NxT shall not be liable for any injury, direct or indirect damage, loss or consequential damage of any kind resulting from the Customer’s use of any digital service or product from the Seller, its contents and its website.
The Seller shall also not be liable for any damages that may arise from the purchase of the online programs or services.
Availability
The company cannot guarantee that its services and products will be constantly available.
Content
NxT cannot guarantee that its services and products will be free of mistakes.
The information contained in NxT’s services, online programs and digital products should not be understood or construed as legal, medical, financial, tax or any other kind of advice.
Results
NxT undertakes to perform its obligations to the best of its ability and in accordance with the rules of the trade.
The Seller does not, however, provide any guarantee regarding the results of any action, whether recommended or not on its website, in its digital content, in its interventions, training and coaching.
However, the company must not fail in its obligation to advise: it commits to providing all the elements considered to be necessary for the client’s success.
The company will ensure that the advertising regulations are respected in the context of the campaigns and media that it recommends, designs and distributes on behalf of the Client. NxT will not be held responsible for any decision made by the Customer or any third party appointed by the Customer.
The Customer also understands that it is responsible for its success or failure in implementing the online programs, services and digital products. Any benefits will be the result of the Customer’s own efforts, dedication, diligence, circumstances and numerous factors beyond the control and knowledge of NxT.
Previous results achieved by other NxT customers who used NxT’s services, online programs and digital products do not guarantee the same results to the customer.
When Customers make a down payment for coaching, they agree to be involved in the process, to be diligent, to use the content provided by NxT as necessary (completing exercises, watching tutorials, etc.), and to do whatever is necessary to succeed. If NxT finds that Customers do not use all the resources available to them to achieve success, the company may terminate the contract at the end of the current month.
The ability or inability to use NxT’s services, online programs or digital products is at the sole risk of the Customer.
The Customer may only hold NxT liable by proving wrongful conduct, it being understood that such liability is expressly limited to foreseeable and direct damages and may not exceed the total cost of the service that caused the damage. The action for damages must be brought within 15 days of the damaging event.
NxT cannot be held liable in case of force majeure.
article 11 – références
The clients authorize NxT to broadcast their first name, logo and testimonial on its communication tools (social media, website, etc.). If the clients do not want these elements to be published, they must inform NxT in writing at the time of the coaching.
article 12 – subcontracting
NxT is authorized to subcontract all or part of the work ordered by the client.
The subcontracting can intervene for all types of services and without obligation to warn the client beforehand.
article 13 – geographical area
The online sale of products and services presented in the website is not restricted to a specific geographical area.
The execution of appointments by phone or by videoconference will only take place during the working hours of Paris (time zone CEST).
article 14 – personal data protection
In accordance with the law relating to data processing, the files and freedoms of January 6, 1978, the information with personal character relating to the buyers can be treated automatically.
Clients may object to the disclosure of their personal information by notifying NxT, upon request by email to bonjour[at]nxt-branding.com. Likewise, users have the right to access and rectify data concerning them, in accordance with the law of January 6, 1978.
Clients’ and newsletter subscribers’ personal information may not be communicated or resold to third parties and/or for commercial purposes.
article 15 – archiving & proof
NxT’s electronic records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
article 16 – INTELLECTUAL PROPERTY & CONFIDENTIALITY
Website
All elements, trademarks, designs, models, logos, music, graphics, etc. appearing on the website https://nxt-branding.com/ and the platform are the exclusive property of the brand or its suppliers, who do not grant any license or any other right than that of consulting the website.
The reproduction or use of all or part of these elements is only authorized for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes are expressly prohibited.
Any other use constitutes an infringement and is punishable under the Intellectual Property.
Training and interventions
The purchase of one or more online or face-to-face services does not give the client the right to modify, copy, reproduce and create derivative works of the content.
The client agrees to use NxT’s content for personal use only, without any authorization to sell, reproduce, share or distribute it without NxT’s express written consent.
Individual and Group Coaching
NxT and the client agree to maintain the confidentiality of the processes, tools, information and documents exchanged during the coaching, whatever their nature (economic, commercial, technical, educational material, etc.).
The client agrees not to reveal, use or reproduce the methods taught by NxT for commercial purposes.
The clients guarantee that any document communicated to NxT by them, their assistants, service providers, employees and/or representatives is free of any copyright belonging to a third party that would prohibit the performance of the services promised by NxT. The clients irrevocably agree to pay, as guarantor, all damages and interest that would be claimed from NxT, under the copyright infringement of a third party, as a result of the execution of the services accepted by the client.
The clients expressly authorize NxT to rework, retouch and modify all documents provided by the clients, as well as to make reproductions for the needs of the execution of the order. The clients agree to inform NxT of any infringement of the above mentioned copyrights as soon as they are noticed.
article 17 – force majeure
The Client may not hold NxT liable or break its commitment in the event of a case of force majeure. A case of force majeure is any event that makes it either impossible or clearly more difficult to perform an obligation due to the unforeseeable, irresistible or external nature of this event, these three criteria being alternative, such as strikes, energy supply disruptions, telecommunications and computer network blockages (including the connected networks of telecommunications operators), etc.
article 18 – applicable Law
This contract is governed by French law. The parties shall seek, prior to any litigation, an amicable solution to any disputes that may arise.
In the absence of an amicable solution, any dispute arising from the execution or breach of the present contract will be submitted to the sole jurisdiction of the courts of Bordeaux (Gironde, France).
This clause applies even in the event of summary proceedings, incidental claims or multiple defendants and regardless of the method and terms of payment.
article 19 – nullity & modification of the contract
If one of the provisions of this contract is nullified, this nullity will not lead to the nullity of the other provisions which will remain in force between the parties.
Any contractual modification is only valid after a written and signed agreement of the parties.
article 20 – customer service
For any information, complaint, question or advice, NxT can be reached by e-mail at bonjour[at]nxt-branding.com or by clicking here.
article 21 – crédits
The website was created on WordPress by NxT and hosted by Gandi.net.
The online training platform and payment pages are hosted by Systeme.io.
The online payments are processed by Stripe and Paypal.
Royalty-free photos: Pexels.com, Unsplash.com, Pixabay.com, Freepix.com, etc.
Photographer : Claire Bergès (Claire B. Studio – Bordeaux)
Make-up artist : Marie Minéo (Coda Pro Make-up – Bordeaux)