Definitions
In these General Conditions, unless otherwise indicated or the context otherwise requires:
“Customer”: any natural or legal person who orders products or services from TTL.
“Consumer”: any natural person who acts for purposes which are outside his trade, business, craft or profession.
“Professional”: any natural or legal person, whether public or private, who acts, including through another person acting in his name or on his behalf, for purposes which are within his trade, business, craft or profession.
“Site User”: any natural or legal person who accesses, uses, consults and performs operations on the Site.
General Provisions
The Site is accessible without any guarantee whatsoever. Customers use the Site at their own and sole risk. Despite all the care taken in the construction of the Site, TTL does not guarantee, in particular:
the absence of errors in the functionalities offered by the Site
the absence of interruption in the operation of the Site
the immediate correction of any defects
the absence of errors in the information provided on the Site.
TTL disclaims all liability for damages resulting from abnormal use of the Site by the customer.
TTL manages the content of the Site freely and independently. It may therefore, in particular, without prior notice:
suspend or cancel access to the Site or a part thereof
modify the information and products available on the Site
modify the presentation of the Site, its structure, and its sections.
Orders
Customers have the possibility to order products or services on the Site.
To place an order, the Customer chooses the product(s) and/or service(s) they wish to order by browsing the TTL Site, enters the requested contact details, and then makes the payment for their order.
After receiving payment confirmation for the order from the banking institution, TTL sends the Customer a summary of their order, including the order number, the product(s) and/or service(s) ordered, their price, these General Conditions or a link thereto, as well as an indication of the probable execution time of the order.
TTL reserves the right to suspend or refuse the order, particularly if the data communicated by the Customer proves to be manifestly erroneous or incomplete.
Right of Withdrawal for Consumers
– Art. L. 222-9 of the Consumer Code
The Consumer who orders audio or video products on the Site does not have a right of withdrawal, in accordance with Article L. 222-9 (7) m) of the Consumer Code.
By confirming their order, the Consumer accepts that the performance of the service begins immediately with the provision of the digital audio or video product and acknowledges that they lose their right of withdrawal from that moment.
The Consumer who wishes to register for an online training/workshop may cancel their registration within 14 days, by sending an email notifying their wish to withdraw from the contract to r.monelli@talent-to-luxembourg.com.
However, once the training has begun with the provision of the first video training module by TTL, the right of withdrawal will no longer be possible for the module(s) already completed, in accordance with Article 222-9 (7) a) of the Consumer Code. For modules that have not been completed, the Consumer may withdraw by paying for the module(s) already received.
The Consumer accepts that the training course module(s) for which they have registered has been completed by TTL through the provision of the online video.
The Consumer who wishes to register for online conferences may cancel their registration within 14 days, by sending an email notifying their wish to withdraw from the contract to r.monelli@talent-to-luxembourg.com.
However, once the conference has begun with the provision of the first video conference module by TTL, the right of withdrawal will no longer be possible for the module(s) already completed, in accordance with Article 222-9 (7) a) of the Consumer Code. For modules that have not been completed, the Consumer may withdraw by paying for the module(s) already received.
The Consumer accepts that the conference module(s) for which they have registered has been completed by TTL through the provision of the online video.
When the Consumer has a right of withdrawal, the amount paid will be refunded within 14 days of the written notification of their withdrawal, using the same payment method used by the Consumer at the time of their initial order.
Price
Products and services sold on the Site are offered at a flat rate price. The choice of staggered payment is a personal choice resulting from a favour granted by TTL.
Registration for courses, training, and conferences constitutes definitive registration and entitles TTL to the global collection of flat-rate registration fees. Except for the application of the right of withdrawal, payment of an instalment therefore entails the mandatory payment of all registration fees, without the possibility of unsubscription, unless prior authorisation from TTL.
The price of products and services is indicated in euros, all taxes included.
Availability
Digital products offered for sale by TTL are only
accessible on the availability date indicated for download or online access
only.
In
case of unavailability of one or more product(s) after payment of the order,
TTL undertakes to inform the customer as soon as possible and to give them the
choice between a refund, a modification of their order, or a deferred delivery
until the end of the stockout of the product(s) concerned.
Order Receipt and Complaints
Any complaints must be made in writing, within 8 days after the delivery of the order. If a complaint proves to be justified, TTL will have the choice between replacing or refunding the products concerned.
Guarantees relating to services provided by TTL
TTL undertakes to perform the service provision with due diligence (“en bon père de famille”).
TTL's commitments within the framework of training, workshops, conferences, and tests are limited to strict obligations of means. In no case could TTL be held responsible if the results expected by the Customer cannot be met
Liability
The Customer acknowledges and accepts that all obligations of TTL are exclusively obligations of means and that TTL is only liable for its wilful misconduct (“dol”) and gross negligence (“faute lourde”). For Consumer Customers, TTL may be liable for simple negligence, but only in the event of a breach of a fundamental obligation.
In the event that the Customer is a Professional and demonstrates the existence of gross negligence or wilful misconduct on the part of TTL, the damage for which the Customer may claim compensation includes only the material damage directly resulting from the fault attributed to TTL, to the exclusion of all other damages, and shall in no event exceed 75% (excluding taxes) of the amount actually paid by the Customer in execution of the order.
The Professional Customer also acknowledges that TTL is not responsible for any direct or indirect damages caused by the services provided, such as, in particular, loss of profit, increase in overheads, loss of customers, etc.
TTL is also not responsible in case of erroneous data communication by the Customer, or in case of an order placed in their name by a third party.
Intellectual Property
Unless otherwise expressly and previously agreed, the Customer is not authorized to modify, reproduce, rent, borrow, sell, distribute or create derivative works based in whole or in part on the elements present on the Site.
TTL is the exclusive assignee or licensee of intellectual property rights over the content present or made available through the Site and/or by TTL, including courses, training materials, videos, PowerPoints, texts, drawings, photographs, music, graphics, logos, buttons, images and data compilations. This content is protected by intellectual property law, particularly copyright and database law.
TTL is also the producer of the video and audio recordings accessible on the Site and holds its own intellectual rights in this regard.
The purchase of products and/or services on the Site does not entail any assignment or license of intellectual property rights to the Customer.
It is formally forbidden, without prior authorization or otherwise than for the private needs of Customers related to following the training and courses, to extract, download, use, reuse, reproduce, disseminate, distribute, in any form whatsoever, and on any medium whatsoever, all or part of TTL's content. It is notably forbidden to use any data collection or extraction tool to extract (in one or more times), to reuse a substantial part of any content, without the prior, express and written agreement of TTL.
Any unauthorized use of the content constitutes, in particular, an act of infringement and may lead to civil or criminal legal proceedings and the payment of damages.
Force majeure
TTL cannot be held liable, either contractually or extra-contractually, in the event of temporary or definitive non-performance of its obligations when such non-performance results from a case of force majeure or unforeseen event.
The following events shall notably be considered as cases of force majeure or unforeseen events: 1.the total or partial loss or destruction of the computer system or its database when neither of these events can reasonably be directly attributed to TTL and it is not demonstrated that TTL failed to take reasonable measures to prevent either of these events; 2. earthquakes; 3. fires; 4. floods; 5.epidemics; 6. acts of war or terrorism; 7. strikes, declared or not; 8. lock-outs; 9. blockades; 10. insurrections and riots; 11. a cessation of energy supply (such as electricity); 12. a failure of the Internet network or data storage system; 13. a failure of the telecommunications network; 14. a loss of connectivity to the Internet network or telecommunications network on which TTL depends; 15. an act or decision of a third party when this decision affects the proper execution of this contract; or 16. any other cause beyond the reasonable control of TTL; and 17. finally, generally, any event of whatever nature, which is reasonably beyond the control of either party, constitutes a case of force majeure.
If, due to circumstances beyond TTL’s control, the performance of its obligations cannot be continued or is simply rendered more onerous or difficult, TTL and the Customer undertake to negotiate in good faith and fairly an adaptation of the contractual conditions within a reasonable period to restore the balance. In the absence of an agreement within a reasonable period, either party may invoke the termination of their contractual relationship without compensation or indemnity of any kind whatsoever.
Modification of General Terms
The General Conditions may be modified or supplemented at any time.
The nullity of a provision of these General Conditions does not entail the nullity of the others.
Applicable Law and Jurisdiction
Any dispute relating to products or services delivered by TTL, as well as any dispute concerning the validity, interpretation or execution of the General Conditions, shall be subject to Luxembourg law and to the exclusive jurisdiction of the Luxembourg courts, without prejudice to the Consumer Customer’s right to bring an action before the courts of their place of residence.