Amended on : 01/01/2022
For distance learning courses: see specific terms and conditions of sale.
These general terms and conditions of sale have been designed to assist you in your purchasing process. You are about to purchase either a product or a training course offered by the company LUMEN CARE LABORATORY through its website.
Article 1: Acceptance of the general terms and conditions of sale
When you validate your order, you declare that you accept these general terms and conditions of sale fully and without reservation.
Article 2: Scope of application
These general terms and conditions of sale apply to all transactions concluded via the websites of the company's network LUMEN CARE LABORATORY
LUMEN CARE LABORATORY reserves the right to modify these terms and conditions at any time, without the need to inform or obtain the prior agreement of any party. The general terms and conditions that will apply during the training will in any event be those signed by the customer.
The general terms and conditions applicable will be those in force at the time of delivery of the products or services.
Due to the very nature of the Internet network and possible maintenance and development operations, we cannot guarantee its availability, and therefore cannot be held responsible for unavailability and/or malfunctions.
Users of the LUMEN CARE LABORATORYunder its sole and entire responsibility, no action may be brought against the company LUMEN CARE LABORATORY which may under no circumstances be held liable for any loss, whether material (including loss of data, software, programmes, etc.) or financial.
A "customer" is any natural or legal person making a purchase from LUMEN CARE LABORATORY an order validated via our secure payment platform, by cheque or in cash.
The only version of this document involving a contractual agreement is the updated version available on the www.lumen-care.com website.
Article 3: Public concerned and age limit
LUMEN CARE LABORATORY is to offer a range of products and services strictly reserved for professionals and project leaders. These tools, training courses and other products and services are aimed at fulfilling our objective: online training for managers of small and medium-sized enterprises (SMEs).
Age restrictions apply:
Participants commissioned by our corporate clients must be aged over 16 (for physical and electronic products) and over 18 (for services: coaching, workshops, seminars).
We do our best to restrict access to our sites, products and services to minors. Even if the content of our products and services is not of a shocking nature, we prefer to address a public that is mature and capable of understanding the implications and responsibilities of the business world.
Any user who does not meet these criteria (age over 16) will be immediately deleted from our database as soon as this fact is brought to our attention. Similarly, any customer who does not meet these criteria will be immediately refunded and the product(s) concerned will have to be returned.
Article 4: Registration procedures and contractual documents
Any order formulated in writing (on a paper, email or fax registration form) or validated on our website is firm and definitive and implies the Customer's full and entire acceptance of these GCS. The Customer therefore undertakes to be present at the scheduled dates, times and locations. The order must indicate the Customer's contact details (surname, first name, address, company name if applicable) and the chosen training course (title and date).
For each enrolment, a confirmation of enrolment and a training agreement in duplicate will be sent to the Customer, one copy of which the Customer must return to the Training Organisation, signed and stamped by the company.
The Training Organisation will provide each participant with an invitation specifying the exact times and location of the training course. The training venue indicated on the communication materials is not contractually binding. Depending on the rooms available, the Training Organisation may invite participants to another address in the same geographical area.
Within 14 working days following the course, the Training Organisation will send the training invoice and attendance certificates to the persons indicated by the Customer when the order was placed. It is the Customer's responsibility to check the conditions under which the cost of the training is covered with the funding body to which he/she belongs.
Article 5: Intellectual property
The websites, products and services of LUMEN CARE LABORATORY in their entirety, both in their presentation and in their content (in its entirety or separately), direct or indirect, whatever the form, are protected by the laws in force on intellectual and/or industrial property.
Any reproduction, and/or dissemination and/or communication, and/or representation and/or re-use, and/or adaptation, whether in part or in full, in any form whatsoever, any recording, whether in audio and/or video format, are prohibited, except with the express prior authorisation of LUMEN CARE LABORATORY or its beneficiaries, and in the contrary case are thus constitutive of counterfeit and liable as such to the sanctions envisaged by the law.
Article 6: Ordering
The customer declares that he/she has read all of these General Terms and Conditions of Sale, and any Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation.
The customer acknowledges that he/she has received the necessary advice and information to ensure that the offer meets his/her needs.
The customer declares that he/she is legally capable of entering into a contract under the laws of his/her country or that he/she validly represents the natural person or legal entity on whose behalf he/she is entering into a contract. The customer undertakes to comply with these GCS throughout its organisation.
In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions.
Any order placed on a site belonging to LUMEN CARE LABORATORY implies full and unreserved acceptance of these general terms and conditions of sale.
Article 7: Prices
Prices are quoted in euros, excluding VAT, postage and handling.
LUMEN CARE LABORATORY reserves the right to modify its prices at any time in the future. However, the price applied to an order will be that announced at the time the order is placed.
Any other duties and taxes whatsoever (customs, import, local or state taxes, etc.) will, where applicable, be borne in full by the Customer, who declares that he accepts this unreservedly, as well as the fact that he will have to carry out the order himself, without any intervention or involvement by LUMEN CARE LABORATORY all the necessary legal declarations and payments to the relevant authorities.
This rule also applies to any "tax-free" requests.
Article 8: Payment
Payment is due immediately when the order is placed, including for pre-ordered products. The customer may pay by credit card, cheque, bank transfer or direct debit.
The cards issued must be international bank cards (Mastercard or Visa). The seller does not accept American Express.
Secure online payment by bank card is carried out by the payment intermediary. The information transmitted is encrypted in accordance with the rules of the art and cannot be read during transport on the network. Any guarantee as to the security of this system is entirely the responsibility of the subcontractor and cannot be imputed to us.
Once the payment has been initiated by the customer, the transaction is immediately debited after the information has been verified. The commitment to pay by card is irrevocable. By providing their bank details at the time of sale, customers authorise the seller to debit their card for the amount relating to the price indicated. The customer confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the sale will be cancelled immediately and the order cancelled.
If paying by cheque, the cheque must be made payable to LUMEN CARE LABORATORY and sent to the address below:
LUMEN CARE LABORATORY
812 B chemin du Péguier - 84170 Monteux
The cheque will be cashed, unless an exceptional agreement has been confirmed by the seller.
Unless there is a specific agreement and/or special offer to defer payment communicated in advance and/or confirmed in writing by an authorised representative of LUMEN CARE LABORATORY registration for a service and/or the order of a product will be deemed final upon receipt of payment by LUMEN CARE LABORATORYof the full public price including all taxes, which will be the trigger for delivery. This payment must be received no later than 15 days before the effective start of the services. If this is not the case, LUMEN CARE LABORATORY reserves the right, by simple written notification and without prior notice or formality, to free up the place for another participant, without this giving rise to any reimbursement in favour of the customer.
The publishing company may offer payment in instalments with or without charges. This payment facility must not be treated as a subscription, as the customer undertakes to pay for the entire service contracted. In the event of payment in several instalments, and in accordance with the law, all sums contracted remain due and will be recovered if necessary.
Delays
For any sum not paid on the due date, the company will automatically be liable:
-late payment penalties equivalent to the interest rate applied by the European Central Bank to its most recent refinancing operation plus ten (10) points,
the payment of a flat-rate indemnity of €40 to cover collection costs, in accordance with Articles L. 441-6 of the French Commercial Code.
These sums will be payable from the day after the payment date shown on the invoice, without the need for formal notice.
Article 9: Use of the e-learning site
E-learning consists of delivering individualised distance learning courses using one or more training modules in a secure electronic environment.
In this context LUMEN CARE LABORATORY grants the Customer :
-the opening of access to the training platform service for the benefit of the user, defined as any natural person holding a user login account enabling them to access the said module(s),
-a number of Users defined in the Contract,
- the right to access the training course, on receipt of the Contract/Agreement, LUMEN CARE LABORATORY will send the User's e-mail address a username and password giving him/her the right to access the e-learning course provided for in the Contract/Agreement. Unless otherwise stated, this right is granted from the date of acknowledgement of receipt of the access confirmation e-mail sent by LUMEN CARE LABORATORY and until the end date of the course, after which access will be deactivated.
No cancellation of the Contract will be accepted from the date on which the User has used the login and password enabling him to access the platform.
Scope of Users :
Except in the case of special conditions expressly accepted by LUMEN CARE LABORATORY, particularly in the case of affiliated companies within a group of companies, the rights of use to the module(s) are granted to the Customer alone who signs the Contract.
Right of personal use :
The login and password, delivered electronically to the User, are sensitive, strictly personal and confidential information, placed under the exclusive responsibility of the Customer. As such, they may not be transferred, resold or shared. The Customer guarantees to LUMEN CARE LABORATORY the execution of this clause by any User and will be responsible for any fraudulent or abusive use of the access codes. The Customer shall inform LUMEN CARE LABORATORY without delay of the loss or theft of the access keys. In the event of violation of the clause of inalienability or of sharing noted of the access keys, LUMEN CARE LABORATORY reserves the right to suspend the service, without compensation, without notice, nor preliminary information.
Article 10: Cancellation, modification or postponement of face-to-face courses by the Training Organisation
If the training organisation is exceptionally forced to cancel or interrupt the training course, the company will be informed as soon as possible by any written means in order to agree on a postponement.
In the event of an event of force majeure (as defined by French case law) preventing the training organisation from carrying out all or part of the training course, the latter undertakes to seek any solution that allows the normal performance of the services covered by these terms and conditions to continue under reasonable conditions of cost and operating constraints.
Article 11: Cancellation, postponement of participation or replacement of the participant by the Customer
In the event of cancellation by the company less than fifteen clear days before the start of one of the actions referred to in the training programme attached in appendix 2, the company will be obliged to compensate the training organisation by paying it compensation as follows:
TRAINING :
Cancellation less than 2 weeks but more than one week before the course
Withdrawal allowance: 10% of the total cost of the course
Cancellation less than 1 week but more than 48 hours before the course
Withdrawal allowance: 25% of the total cost of the course
Cancellation less than 48 hours before the course
Withdrawal allowance: 50% of the total cost of the course
Cancellation of one or more training sessions
Cancellation of one or more training sessions by the Beneficiary Company will give rise to the payment, per session, of a cancellation fee under the following conditions:
Cancellation less than 2 weeks but more than one week before the course
Cancellation fee: 50% of the total cost per session cancelled
Cancellation less than 1 week but more than 48 hours before the course
Cancellation fee: 75% of the total cost per session cancelled
Cancellation less than 48 hours before the course
Cancellation fee: 100% of the total cost per session cancelled
Amounts paid by way of commercial withdrawal cannot be funded by an OPCA and will be invoiced separately by LUMEN CARE LABORATORY.
Article 12: Sub-contracting
The Training Organisation is authorised to subcontract all or part of the performance of the services covered by this contract. All of the Customer's obligations arising from this subcontracting only apply to the Training Organisation, which remains liable to the Customer for all of the obligations arising from this contract.
Article 13: Conditions for participation in classroom training
Participants in training courses must comply with the internal rules of the LUMEN CARE LABORATORY, posted and attached to the training contract/convention or summons.
If the training takes place away from the LUMEN CARE LABORATORY participants are required to comply with the host establishment's internal rules.
The Training Organisation reserves the right, without compensation of any kind whatsoever, to exclude at any time any participant whose behaviour interferes with the smooth running of the course and/or is in serious breach of the internal rules.
Article 14: Withdrawal period
In accordance with article L. 121-21 of the French Consumer Code, in the case of distance selling, the customer has a period of 14 calendar days from the date of purchase for a service or the date of receipt for a product to exercise his or her right of withdrawal.
If they wish to exercise this right, customers must draw up a statement expressing their unambiguous wish to withdraw and send it to LUMEN CARE LABORATORY by registered letter with acknowledgement of receipt.
The refund will be made by LUMEN CARE LABORATORY the legal deadlines set out in the Consumer Code.
After this legal deadline, the sums owed by LUMEN CARE LABORATORY will automatically be increased at the legal rates stipulated in the Consumer Code.
However, if he is responsible for the depreciation of the goods he has received due to handling of these goods that was not necessary to establish their nature, characteristics and proper functioning, the right of withdrawal will be set aside.
In addition, all types of benefits and promotional offers of any kind linked to the original purchase for which the customer exercises his or her right of withdrawal will be automatically cancelled.
In any event, this right may not be exercised in respect of a service that has been performed or whose performance has begun.
What's more, LUMEN CARE LABORATORY will not make any refunds in the following cases, at any time whatsoever, and for any reason whatsoever:
- absence when the service is delivered
- request for cancellation while the service is being provided
Some of the products and services offered are not subject to this right of withdrawal. In particular, article L. 121-20-2 of the French Consumer Code excludes or excludes :
Training services (online or in CD/DVD format) based on audio and video recordings,
Services such as marketing consultancy if the service has started within 7 days of signing the contract.
Article 15: Notion of "necessary steps
Some of our contracts are for training services.
Our training courses frequently contain action plans, suggestions and recommendations, which we ask the customer to implement in order to achieve the skill or result targeted by the training.
Before any reimbursement, the company will ask the Customer to present proof that these Necessary Steps have been taken.
This proof must be provided no later than 7 working days after the company has acknowledged receipt of the request for reimbursement.
Article 16: Protection of personal data
In accordance with the French Data Protection Act No. 78-17 of 6 January 1978, customers have the right to access, rectify and delete their personal data.
Customers acknowledge that they have read the personal data protection policy and consent to the collection and use of their data, in the knowledge that it will be treated in the strictest confidence.
By entering your information and contact details on one of the sites in the LUMEN CARE LABORATORY the customer agrees to receive information/publications from the company by email, post or telephone, and agrees to receive the newsletter. They are free to unsubscribe at any time. To do so, simply click on the link at the end of the emails.
LUMEN CARE LABORATORY informs the customer that traffic can be monitored on all the sites. To this end, tools such as Google Analytics, Xiti and Google Site Optimiser may be used, although this list is not exhaustive. This data, which is not personally identifiable, is used to improve the user experience on the websites and to personalise the sites in line with frequent user requests. Form confirmation and conversion pages are generally equipped with the Google Site Optimiser device in order to measure their effectiveness and the level of interest of prospects and customers. The customer may consult the following link to find out about Confidentiality rules Google Optimiser.
By accepting these terms and conditions, the customer and/or participant and/or subscriber and/or user implicitly consents to being filmed, photographed and recorded during the events organised by LUMEN CARE LABORATORY.
However, in accordance with the legal provisions governing image rights and the protection of privacy:
Before any image of the person is circulated in a private setting, LUMEN CARE LABORATORY must obtain its written agreement, specifying the date and place where it was made. This agreement will be given for a specific use and cannot be global. A new agreement must be obtained for each rebroadcast of an image if the purpose is different from that of the first broadcast.
The authorisation of the parents (or guardian) of a minor child must be obtained in writing.
These stipulations also protect the rights of speakers and/or trainers and/or facilitators of LUMEN CARE LABORATORY. In other words, any dissemination of an image for non-informative purposes by a person who has not obtained written consent as mentioned above would constitute an infringement of image rights and therefore a violation of privacy subject to the remedies and penalties provided for by law.
Article 17: Limitations and/or exclusions of liability
The customer and/or participant and/or subscriber and/or user declares that he acknowledges and/or expresses and/or accepts and/or approves without reservation that :
-Any type of content delivered by LUMEN CARE LABORATORY in any form whatsoever (ideas, concepts, strategies, advice, etc.) does not give rise to any promise or guarantee of any kind (results, gains, profits, success, performance, etc.).
- LUMEN CARE LABORATORYits legal representatives, authorised representatives, partners and suppliers are not responsible for or bearers of any promise or guarantee whatsoever.
-That, in the knowledge of this information, he/she is aware that certain exercises proposed to him/her may involve risks depending on his/her level of fitness and health, and that he/she is solely responsible for and totally free to decide whether to participate, continue and/or stop practising the exercises at any time.
-They are therefore solely responsible for their degree of participation/involvement, their decisions, actions and results.
-That it will not seek in any way to make LUMEN CARE LABORATORY its legal representatives, its partners, its affiliates, its suppliers, the authorised persons of LUMEN CARE LABORATORY responsible for their degree of participation/involvement, their decisions, actions and results.
-LUMEN CARE LABORATORY shall not be held liable under any circumstances for any loss or damage caused or alleged to be caused in connection with the use of its advice, products or services in any form whatsoever.
-LUMEN CARE LABORATORY does not offer any professional medical, psychological or financial advice and that any type of content delivered by LUMEN CARE LABORATORYIn no event will any advice, ideas, concepts, strategies, advice, etc. be a substitute for the advice and/or intervention of a professional duly qualified by a diploma recognised by the competent authorities. For this reason, LUMEN CARE LABORATORY its legal representatives, partners, affiliates, suppliers, authorised persons of/by LUMEN CARE LABORATORY cannot be held responsible in any way whatsoever for damage of any kind (personal injury, financial loss, illness, death, etc.).
-In any event, the liability of LUMEN CARE LABORATORYits legal representatives, its partners, its affiliates, its suppliers, the authorised persons of LUMEN CARE LABORATORYIn the event of a breach of contract, the indemnity shall not exceed the amount paid for the purchase of the goods or services, whether in respect of damage (including personal injury) or losses suffered or for any other reason.
-That it is their sole and entire responsibility to insure themselves against potential risks, bearing in mind that LUMEN CARE LABORATORY is not insured for medical care and/or personal injury and/or disability
Article 18: Applicable law
All the clauses contained in these general terms and conditions of sale, as well as all the purchase and sale transactions referred to herein, shall be governed by French law.
Article 19: Information about LUMEN CARE LABORATORY
LUMEN CARE LABORATORY is a SAS with its registered office at : 812 B chemin du Péguier, 84170 Monteux, registered under SIRET number 82461056200012.
Article 20: Complaints, jurisdiction
Any complaint by the Client must be made in writing to the Training Organisation at the following address: LUMEN CARE LABORATORY 812 B chemin du Péguier, 84170 Monteux, which will endeavour to respond as soon as possible.
Any dispute not settled amicably will be brought before the courts of Avignon.
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