Between Mikael BUXTON, SIRET 48481144300023, sunnmagic.fr@gmail.com
Hereinafter referred to as the "Vendor"
On the one hand, and the individual or legal entity purchasing products or services from the company, hereinafter referred to as "the Buyer" or "the Customer" On the other hand, the following has been set forth and agreed upon:
The Seller is a publisher of digital products and e-learning services exclusively for consumers, marketed through the learnybox.com website. The list and description of goods and services offered by the Vendor can be consulted on the above-mentioned site.
Article 1: Purpose
The present General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Vendor.
Article 2: General provisions
These General Terms and Conditions of Sale (GTCS) apply to all sales of Products made through the Seller's websites, which form an integral part of the Contract between the Buyer and the Seller. The Vendor reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The terms and conditions then applicable are those in force on the date of payment (or of the first payment in the case of multiple payments) of the order. These GCS can be consulted on the seller's website at the following address: https://mbuxton.learnybox.com/ . The Customer declares that he/she has read and understood 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. Validation of the order by the Customer implies unreserved acceptance of these G.S.C. 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 French law, or that he/she validly represents the individual or legal entity on whose behalf he/she is entering into a contract.
Article 3: Prices
The prices of the products sold are those in force on the day the order is taken, as shown on the product description pages. They are denominated in euros, exclusive of VAT at the current rate. The seller reserves the right to modify its prices at any time in the future. However, it undertakes to invoice the product ordered at the price indicated when the order is registered.
These rates may be revised during promotional offers or one-off operations.
Article 4: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the seller's websites. This contractual information is presented in detail and in French. In accordance with French law, they are summarized and confirmed when the order is validated.
The parties agree that illustrations or photos of products offered for sale have no contractual value. The period of validity of the products offered and their prices are specified on the seller's websites, as well as the minimum duration of the contracts proposed when these concern a continuous or periodic supply of products or services.
Except in the case of special conditions, the rights granted hereunder are solely those of the natural person signing the order (or the holder of the e-mail address provided).
4.1 User perimeter and right of personal use
Unless otherwise expressly agreed by Mikael BUXTON, the rights to use "formation-automa.learnybox.com" are granted to the customer only.
The electronically-delivered login and password are sensitive, strictly personal and confidential, and are the sole responsibility of the customer. As such, they may not be transferred, resold or shared.
The customer guarantees this clause and will be liable for any fraudulent or abusive use of his access codes. The customer shall immediately inform Mikael BUXTON of any loss or theft of access keys.
Mikael BUXTON reserves the right to suspend access to training courses without compensation, prior notice or prior information in the event of violation of the inalienability clause or observed sharing of access keys.
4.2 mbuxton.learnybox.com warranty
Mikael BUXTON undertakes to do its utmost to allow access to its platform formation-automa.learnybox.com within the limits of reasonable use of the service, 7 days a week, 24 hours a day, for the duration of the rights of use of the training course(s), except in the event of a breakdown or technical constraints related to the specificities of the Internet network. The customer undertakes to inform Mikael BUXTON within 24 hours of discovering a technical malfunction.
Mikael BUXTON will take all measures to ensure that the platform functions reliably and continuously. However, the customer acknowledges that no one can guarantee that the Internet will function properly. In the event of a service interruption by formation-automa.learnybox.com due to corrective maintenance, Mikael BUXTON will make every effort to remedy the malfunction.
Mikael BUXTON may also temporarily interrupt access to its platform in the event of ongoing maintenance. Mikael BUXTON will endeavor to limit the time of interruption of service and will endeavor to give prior notice to the Customer. The latter undertakes not to claim any compensation or damages from Mikael BUXTON.
Any warranty is excluded in the event of misuse, negligence or material defect on the part of the customer, accident or force majeure, and formation-automa.learnybox.com's warranty is limited to the purchase of a new access.
The service sold on the website complies with the regulations in force in France. Mikael BUXTON cannot be held responsible for non-compliance with the legislation of the country in which the products are available, which it is the customer's responsibility to check.
The photographs and illustrations accompanying the products on the website have no contractual value and therefore do not engage the responsibility of formation-automa.learnybox.com.
Mikael BUXTON will not be held liable for any damages or interest in the event of a breakdown caused by the site's host for a period of at least eight days, as the lack of access must be remedied as soon as possible by the site's hosting company.
Article 5: Conclusion of an online contract
The Customer must follow a series of steps specific to each Product offered by the Vendor in order to complete the order. However, the steps described below are systematic:
The Customer will then receive an e-mail confirming payment for the order, as well as an order acknowledgement confirming receipt of the order. In order for the order to be processed correctly, and in accordance with article 1316-1 of the French Civil Code, the Customer undertakes to provide truthful identification details. The Vendor reserves the right to refuse the order, for example in the case of any abnormal request, made in bad faith or for any legitimate reason.
Article 6: Discount
No discount will be granted for early payment.
Article 7: Payment
Payment is due immediately upon order, including for pre-ordered products.
Payment for orders must be made :
By credit card, secure online payment system ;
Secure online payment by credit card is carried out by our LearnyBox payment service providers. The information transmitted is encrypted and cannot be read during transport over the network.
Once the customer has initiated payment, the transaction is immediately debited after verification of the information. In accordance with article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing his/her bank details at the time of sale, the customer authorizes the seller to debit his/her 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 is immediately cancelled and the order cancelled.
Article 8: Withdrawal period
The consumer has 14 days in which to exercise his right of withdrawal, provided that he has viewed at least 10% of the training (value automatically recorded by the LearnyBox platform).
He/she confirms that he/she renounces his/her legal right of withdrawal of 14 days from the moment he/she has viewed at least 10% of the training by indicating this on the payment form by ticking the "yes" box under the heading "I expressly renounce my right of withdrawal of 14 days from the moment I have viewed at least 10% of the training".
The above-mentioned period runs from the date of the order.
The Customer may request a refund by e-mail to the following address: sunnmagic.fr@gmail.com
In the event of exercising the right of withdrawal, Mikael BUXTON will reimburse the sums paid by the Customer, free of charge, within a maximum period of 30 days. This refund will be made by any means of payment.
Article 9: Intellectual property rights
The content of this site is the property of Mikael BUXTON and is protected by French and international intellectual property laws.
Mikael BUXTON is the sole owner of the intellectual property rights of all the services it offers its customers. To this end, all content and teaching aids in any form (paper, electronic, digital, oral, etc.) used by formation-automa.learnybox.comp to provide training remain the exclusive property of Mikael BUXTON.
As such, they may not be used, transformed, reproduced or exploited in any way that has not been expressly authorized within or outside the Customer without the express agreement of Mikael BUXTON. In particular, the Customer undertakes not to use the content of the training courses to train other persons, and shall be liable under articles L.122-4 and L.335-2 et seq. of the French Intellectual Property Code in the event of unauthorized transfer or communication of the content.
Any reproduction, representation, modification, publication, transmission or distortion, in whole or in part, of the contents of the services and training courses, as well as any databases appearing on the formation-automa.learnybox.com platform, is strictly forbidden, whatever the process and medium used. In return for payment of the corresponding price, the training courses are subject to a personal, non-transferable and non-exclusive right of use for a limited period, which varies according to the product or package chosen.
In any case, formation-automa.learnybox.com remains the owner of its tools, methods and know-how developed before or during its services to the customer. Reproduction in whole or in part is strictly forbidden under penalty of prosecution.
Article 10: Force majeure
The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent such performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 11: Invalidity and amendment of the contract
Should any of the stipulations of the present contract be null and void, this will not invalidate the other stipulations, which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement between the parties.
Article 12: Privacy policy
1. Preamble
Mikael BUXTON's site formation-automa.learnybox.com is committed to ensuring that the collection and processing of your data is carried out in a lawful, fair and transparent manner, in accordance with the General Data Protection Regulation (RGPD) and Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms.
The collection of personal data from prospects and customers is limited to that which is strictly necessary, in accordance with the principle of data minimization, and indicates the purposes for which the data is collected, whether providing the data is optional or mandatory in order to manage requests, and who will be able to access the data.
Protection of personal data
In accordance with the French Data Protection Act of January 6, 1978 and the General Data Protection Regulation 2016/679 (RGPD), information concerning you is intended for Mikael BUXTON, the data controller. You have the right to access, rectify and delete data concerning you (details in article 7). If you are subscribed to one of our email communication lists, we inform you that we record statistics on the emails you receive, for a period of 3 years.
By connecting to this site published and put online by Mikael BUXTON, you are accessing content protected by law, in particular by the provisions of the French Intellectual Property Code. The publisher authorizes only strictly personal use of the data, information or content you access, limited to temporary storage on your computer for display on a single screen and reproduction, in a single copy, for backup or printing on paper. Any other use is subject to our express prior authorization. By continuing to visit our site you agree to abide by the above restrictions.
Mikael BUXTON commits its customers to respecting the laws in force and the ethical rules necessary to establish a relationship of trust between the sender of the message and its recipient.
Mikael BUXTON relies on a code of ethics for electronic communication.
Mikael BUXTON commits its customers to respecting a set of obligations through its general conditions of service.
Any breach of these obligations may result in suspension of the campaign or access to the platform.
File exchanges or rentals are handled under confidentiality agreements signed by Mikael BUXTON.
PLEASE NOTE THAT MIKAEL BUXTON DOES NOT TRADE OR RENT ITS CUSTOMERS' FILES.
Data controller
The person responsible for processing the personal data referred to herein is Mikael BUXTON, a sole trader registered with the Registre du Commerce et des Sociétés under number 48481144300023.
Type of data collected
Mikael BUXTON hereby clearly informs you about the processing of personal data that it implements as part of its business, how the data is collected, used and protected.
Any User has the right to ask the data controller, i.e. Mikael BUXTON :
Subcontracting
Mikael BUXTON undertakes to ensure that any subcontractor provides sufficient contractual guarantees regarding the implementation of appropriate technical and organizational measures, so that the processing meets the requirements of the European Data Protection Regulation.
Mikael BUXTON may use one or more subcontractors to carry out specific processing activities which will be subject to the terms of this Policy. Any subcontractor will not be permitted to engage a subcontractor itself without Mikael BUXTON's prior written consent (see list of data recipients in Article 6).
Data collected on the site
When you register for our services or request information or contacts, the following data is collected and processed: e-mail address, title, first name, surname, country, VAT number (if applicable), password, postal address, telephone number, IP address(es) and domain name. When you use our services, the following data is collected and processed: connection data and browsing data where authorized by you, order history, complaints, incidents, subscription information and correspondence on our site. Some data is collected automatically as a result of your actions on the site (see paragraph on cookies in article 8).
The data submitted must not include sensitive personal data, such as government identifiers (such as social security numbers, driver's license numbers, or taxpayer identification numbers), full credit card or personal bank account numbers, medical records or information relating to care requests associated with individuals, without this list being exhaustive.
Terminal data collection
Collection of profiling data and technical data for the purpose of providing the service. The Site automatically collects certain technical data from your device. This information includes your IP address, Internet service provider, hardware configuration, software configuration, browser type and language... The collection of this data is necessary for the provision of services.
Technical data collection for commercial and statistical purposes
Your device's technical data is automatically collected and recorded by the Site for advertising, commercial and statistical purposes. This information helps us to personalize and continually improve your experience on our Site. We do not collect or store any personal data (surname, first name, address, etc.) that may be linked to technical data.
Purposes of processing
The main purpose of collecting your personal data is to provide you with a safe, optimal, efficient and personalized experience. To this end, you agree that we may use your personal data to:
For customers who have registered directly on the site, we process their data for the purpose of fulfilling the service contract. For our newsletters, case studies and marketing material, we process your personal data on the basis of the explicit consent you have given for this purpose.
Newsletter and email marketing
An unsubscribe link is included in every newsletter and email we send you. For those of you who have explicitly chosen to receive our newsletter, you can easily unsubscribe by following the unsubscribe links included in each of these emails.
Data recipients
Your personal data collected on the site is intended for Mikael BUXTON's own use and may be passed on to subcontracting companies that Mikael BUXTON may call upon in order to provide its services. Mikael BUXTON ensures compliance with data protection requirements for all its subcontracting companies. Mikael BUXTON does NOT sell or rent your personal data to third parties for marketing purposes.
In addition, Mikael BUXTON does not disclose your personal data to third parties, unless :
The current data recipients are :
Right of access, rectification and deletion
In accordance with the French Data Protection Act and the General Data Protection Regulation 2016/679 (RGPD), you have the right to access, rectify and delete your personal data, which you can exercise by sending us a support ticket to Mikael BUXTON.
Your requests will be processed within 30 days. We may ask that your request be accompanied by a photocopy of proof of identity or authority. You can also modify your personal data yourself at any time by logging into your account when you have received emails from Mikael BUXTON.
Use of cookies
Cookie retention period
In accordance with CNIL recommendations, cookies are kept for a maximum of 13 months after they are first stored on the User's terminal, as is the period of validity of the User's consent to the use of these cookies. The lifetime of cookies is not extended with each visit. The User's consent must therefore be renewed at the end of this period.
Purpose of cookies
Cookies may be used for statistical purposes, in particular to optimize services rendered to the User, based on the processing of information concerning access frequency, page personalization, operations carried out and information consulted.
You are informed that Mikael BUXTON may place cookies on your terminal. The cookie records information relating to your browsing on the service (the pages you have consulted, the date and time of consultation, etc.) which we can read during your subsequent visits.
The cookie will enable Mikael BUXTON to identify your computer when you return to the site, for the duration of the cookie's validity or recording period. Mikael BUXTON's partners or service providers, or third-party companies may also place cookies on your computer, subject to your choices.
There are two main categories of cookies:
This information is stored on your computer for one year. Only the issuer of a cookie is likely to read or modify the information contained in this cookie. No cookie allows us to identify your marital status.
The User's right to refuse cookies, deactivation of which will result in a degraded service.
You acknowledge that you have been informed that the Publisher may use cookies, and authorize it to do so. If you do not wish cookies to be used on your terminal, most browsers allow you to disable cookies via the settings options.
You can prevent cookies from being saved by configuring your browser as follows:
For Chrome :
For Mozilla Firefox :
For Microsoft Internet Explorer :
For Edge :
For Opera :
Please note: If you choose to refuse the storage of cookies on your computer or if you delete the cookies stored on your computer, we decline all responsibility for the consequences linked to the degraded operation of our services resulting from the impossibility for us to store or consult the cookies necessary for their operation and which you would have refused or deleted.
Possible association of cookies with personal data to enable service operation
Mikael BUXTON may collect browsing information through the use of cookies.
Data retention
General
Mikael BUXTON collects and retains your personal data for the purposes of fulfilling its contractual obligations as well as information on how and how often you use our services. Personal data must be kept only as long as is necessary to achieve the purpose for which it was collected. Mikael BUXTON only stores your data for the time necessary to provide the service, and as such, Mikael BUXTON instantly deletes your data after deleting your account. If the account remains active, storage varies according to the type of data concerned. For example, statistical data older than 13 months will be deleted while the account remains active. Other data may be deleted at any time during active use of your account, in accordance with the provisions set out above.
Retention period for personal data
Data retention for the duration of the contractual relationship
In accordance with article 6-5° of French law no. 78-17 of January 6, 1978 on data processing, data files and individual liberties, personal data that is the subject of processing is not kept beyond the time required to fulfill the obligations defined when the contract was signed, or the predefined duration of the contractual relationship.
Deleting data after account deletion
Means of data purging are put in place in order to provide for the effective deletion of data as soon as the retention or archiving period necessary for the fulfillment of the determined or imposed purposes has been reached. In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, you also have the right to delete your data, which you may exercise at any time by contacting Mikael BUXTON.
Data deletion after 3 years of inactivity
For security reasons, if you have not logged in to the Site or engaged in active behavior (clicked on a link) for a period of three years, you will receive an e-mail inviting you to log in as soon as possible, failing which your data will be deleted from our databases.
Data storage and transfer
The hosting servers on which Mikael BUXTON processes and stores the databases are located exclusively within the European Union. Mikael BUXTON undertakes to inform you immediately, insofar as we are legally authorized to do so, in the event of a request from an administrative or judicial authority relating to your data.
Data portability
Mikael BUXTON undertakes to offer you the possibility of having all your personal data returned to you on request. The User is thus guaranteed better control of his or her data, and retains the possibility of reusing it. This data must be supplied in an open and easily reusable format, directly into the hands of another data controller where this is desired and technically possible.