General terms and conditions of online sales The present general conditions of sales were last updated on January 15th, 2016.
ARTICLE 1 - Introduction
1.1 The present General Conditions of Sale (hereafter “GCS”) are proposed by the company HIGHEREDME (hereafter “The Company”), a simplified joint stock company with a capital of 1399,86 euros, registered in the Dijon Commercial and Companies Register under registration number 814 311 247, and whose head office is at 8 chemin de la Noue, 21600 LONGVIC-France.
1.2 The company is the owner and editor of the website higheredme.co (hereafter “the Website”). The Website is hosted by Heroku, domiciled at SFDC,The Landmark @ One Market, Suite 300, San Francisco, California 94105. The data and the application is hosted on European servers.
1.3 The Website offers to the client (hereafter “the Client”) matchmaking between students and higher education institutions.
1.4 Prior to any usage of the Website, the Client must ensure he/she has the adequate technical and computing means in order to get access to the Website and order Products from the Website, and that his/her browser guarantees a secure access to the Website. The Client must also ensure that his/her computing configuration and equipment are in good condition and free of viruses.
ARTICLE 2 – Application and opposability of/to the GCS
2.1 The present GCS serve the purpose of defining the entirety of conditions in which the Company sells the services as they are offered to Clients for sale on the Website. They are therefore applicable to any Order placed on the Website by a Client.
2.2 The Client agrees to the present GCS before placing his/her Order
2.3 Validation of an Order shall be understood as acceptance to the GCS. These are regularly updated, and the applicable GCS are those in effect on the Website when the Order is placed. The Client will be informed by any means possible of any modifications to these GCS.
2.4 Any condition of a contrary nature put forth by the Client shall, unless explicitly accepted, be non-evocable against the Company, irrespective of the moment when it may be brought to its’ attention.
2.5 The mere fact that the Company does not avail itself at one time or another of any whatsoever of the GCS provisions hereof shall not be construed as amounting to a waiver of the right to cite any of the provisions of said GCS later.
ARTICLE 3 – Creation of a Client account
3.1 Each natural person wishing to place an order on the Website must create a client account. To do so, he/she must choose an ID and a password.
3.2 Whilst creating his/her account, the Client must provide the elements which are required of him/her. He/she therefore agrees to only provide accurate, true, timely and adequate information and shall inform the Company whenever any changes are made to them by sending without delay, an email to the address email@example.com.
3.3 The Client must inform the Company without delay, in the event of the loss of his/her ID or/and password. Once the Company is informed, the Company shall provide the Client with new ones.
3.4 The ID and the password of the Client are strictly personal. The client agrees to keep them secret and to not reveal them to anyone. The Company cannot be held responsible in the event of the loss or the misuse of this information.
ARTICLE 4 – Placing an order on the Website
4.1 The services offered for sale are described and presented as precisely as possible.
4.2 The Company reserves the right to improve the content of the website. The Client selects the services he/she wishes to purchase, and has access to the summary of his/her order at any time.
4.3 The Order summary contains the list of services selected by the Client, as well as any ancillary costs incurred, such as delivery charges which can be added to the cost of the service ordered. The Client can modify the order and correct any possible mistakes before proceeding to the acceptance of order.
4.4 After having gained access to the summary of his/her order by email, the Client confirms the acceptation of order by wiring the total amount of the order. The term “Order” is featured on the order icon in order to ensure the Client explicitly recognizes his/her obligation to pay the Order.
4.5 After accepting the GCS and validating the order with payment obligation, the contract is concluded between the Company and the Client, which binds them irrevocably for the duration of the service ordered.
4.6 After validating his/her order and in order to proceed with payment, the Client enters the details of where he/she wants the service(s) to be delivered, and the details of where he/she wants the billing to be delivered if it is different. The delivery process of the service(s) is describe in the item 6 of ARTICLE 6 of these GCS.
4.7 The client confirms the delivery details and billing details if necessary by ticking the contact detail validation box. The Company then sends him/her an order confirmation via email, describing the elements of the order summary and the provided delivery address and billing address if necessary.
4.8 After validating the delivery address and if necessary the billing address, the Client proceeds to paying the order in accordance with the terms described in articles 5.3 and in the present GCS.
ARTICLE 5 – Prices and payment conditions of an Order
5.1 Prices are mentioned on the Website in the service description, in euros and without tax.
5.2 The total amount is mentioned in the order summary sent by email, and is confirmed by the Client while provided and confirmed the delivery address and billing address when necessary, and proceeds to payment. This total amount is stated including taxes.
5.3 The order of services on the Website is payable in euros. The entirety of payment must be completed on the day the Client placed his/her order, by wiring or credit card, if no particular payment conditions were expressly agreed upon by the Client and the Company, which triggers the service access.
5.4 In the event of payment by credit card, the Website uses the STRIPE security system, a service provider specialized in online payment security. This system guarantees the Clients’ bank information will remain confidential. Therefore, the bank transaction with a credit card between the Client and the security system is totally encrypted and secure. This means that any information linked with the order and the credit card number are not released on the internet. The Clients’ banking details aren’t kept and stored by the company.
5.5 The Client must ensure he/she is authorized to use the payment method used whilst he/she is placing the order.
5.6 In the event of default of payment or partial payment of any amount owed by the Client to the Company, or in the event of a payment incident, fraud or attempted fraud in relation with the use of the Website or the payment of an order, the Company reserve the right to suspend or cancel any implementation and/or delivery of an order, regardless of the nature or level of implementation.
ARTICLE 6 – Reception of the service(s)
6.1 Services offered on the website can be delivered to France, as well as any other country.
6.2 The Company agrees to deliver the services in a timeframe shorter than 30 days, starting from the moment the order was placed. The Client is informed by email once the order is ready, that the service(s) have been delivered. The service(s) ordered is/are delivered to the address provided by the Client whilst he/she was placing the order, according to the conditions mentioned in article 4.8 in the present GCS.
6.3 The Client must ensure that details provided, as described in article 4.8 of these GCS are accurate, and that they stay so until total receipt of the ordered service(s). The Client therefore agrees to inform the Company of any change in the delivery and/or billing address that could occur between the order and delivery of the service(s), by sending, without delay and email to the Customer Service email address. Failing that, in the event of a delivery delay or error, the Client can by no means hold the Company as responsible in the event of delivery default, and the Customer Service department of the Company will contact the Client to arrange a second delivery at the Clients’ expenses.
6.4 The Company cannot be held responsible in the event of non-receipt of the services caused by an external third party or in the event or a theft.
6.5 In the event of the return of the order caused by the absence of the Client, the Companies’ customer service will contact the Client to arrange a second delivery at the Clients’ expenses.
6.6 The Company can monitor the delivery process of his/her order by contacting Customer Services, whose number can be found in item 6 of ARTICLE 7 in the present GCS.
ARTICLE 7 – Customer Services
- email : firstname.lastname@example.org
- postal address : HigherEdMe 8 chemin de la Noue 21600 Longvic
ARTICLE 8 – Legal and Commercial guarantees
8.1 All products provided by the Company are subject to the legal guarantees of compliance, in virtue of articles L.211-4, L.211-5 et L.211-12 in the Consumer Code, and the garantie des vices cachés (guarantee of latent defects), as provided for in articles 1641 et 1648, first paragraph of the Civil Code:
Article L.211-4 in the Consumer Code: “The salesperson is bound to provide goods which are in conformity with the sales contract and is liable of any defects in conformity upon delivery. He/she will also respond to defects in conformity resulting from packaging, instructions for assembly or installation when these have been made his/her responsibility by the contract or have been produced under his/her responsibility. Article L.211-5 of the Consumer Code: “To comply with the contract, the product must: p 1. fit for the purpose usually of a similar property and, where applicable: - Match the description given by the seller and possess the qualities that has presented to the buyer as a sample or model; - The features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
2. have the qualities defined by common agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted.”
Article L.211-12 of the Consumer Code: “Action resulting from defects in conformity lapses after two years from the date of delivery of the article” Article 1641 of the Civil Code: “A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them” Article 1648 of the Civil Code, first paragraph: “The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice”
8.2 If a Client considers that he/she has received a defective or non-compliant product, he/she must contact the Company within 14 days starting upon receipt of the order, to the following email address: email@example.com, or by registered post with recorded delivery to the following postal address: 8 chemin de la Noue, 21600 LONGVIC, stating the defect or non-conformity at hand.
8.3 The Customer shall be responsible for providing any justification to describe the defects or deficiencies found. The Customer shall give the Company every opportunity to investigate the causes of the defects or deficiencies and to find a solution. The Client will not interfere, or any third party in this process.
8.4 If the Company confirms the defects or deficiencies, the latter will provide the Client with instructions on the process to follow, after having taken note of the complaint lodged, and if necessary will replace the product which the Company will have verified the defects and non-compliance.
8.5 In the event where the replacement of the product isn’t possible, the Company shall refund the Client within fourteen of the reception of the product. The payment will be made by credit entry to the bank account of the Client, upon proposition of the Company, but the Client is free to choose an alternative mode than the one proposed.
ARTICLE 9 – Client Obligations:
9.1 The Client agrees to ensure the terms in the present GCS are respected.
9.2 The Client agrees to use the Website and services in compliance with the instructions given by the Company.
9.3 The Client agrees to use the Website exclusively for his/her personal use, in accordance with the present GCS. In this context, the Client agrees to refrain from:
- Using the Website in any illegal manner, for any illegal purpose or any manner incompatible with these GCS.
- Selling, copying, replicating, renting, lending, distributing, transferring or licensing a part or the entirety of the content on the Website, or decompiling, reverse engineering, disassembling, modifying, displaying in legible form to the Client, trying to uncover any source code or using any software activating or including any part of the Website.
- From trying to gain non-authorized access to the computer system of the Website or from any activity likely to disrupt with, or decrease quality or to interfere with the Websites’ performance or deteriorate its’ features.
- From misusing the Website by introducing computer viruses or any other malicous program willingly and trying to gain unauthorized access to the Website.
- From infringing the Companies’ intellectual property and/or reselling or attempting to resell the products to a third party.
- From denigrating the Website and/or the products as well as the Company on social media or any other communications media.
9.4 Should the Company consider, for any reason whatsoever, that the Client does not respect the present GCS, the Company can at any time, and in its own discretion, stop the Clients access to the Website, and take action such as legal, civil or criminal action against him/her.
ARTICLE 10 – Right of Withdrawal
10.1 In accordance with articles L.121-21 and onwards in the French Consumer Code, the client has a period of 14 clear days starting on the day the last service ordered on the website was received to exercise his right of withdrawal, without having to justify with a motive or pay penalties.
10.2 In order to exercise ones right of withdrawal on the order, a Client shall notify this decision to withdraw by the means of a non-ambiguous declaration without any justification. The Client can notify the Company with this decision to withdraw by any means, including by post the Company at [8 chemin de la Noue 21600 Longvic] or by email at [firstname.lastname@example.org].
10.3 Should the Company be notified by the Client of the decision to withdraw, regardless of the means, the Company shall acknowledge the receipt of the withdrawal without delay, on a durable medium (including email). The Client is encouraged to mention the motive for withdrawal/return of the service, in order to help the Company improve its services.
10.4 Should the Client withdraw from his/her order, the Company shall proceed with the refund of the services from which the client has withdrawn, via the same payment method used in the initial transaction, except if another method is specifically requested by the Client. In any case, this refund shall not lead to any costs for the client. The refund shall be operated without undue delay, and at the latest 14 days starting on the day the Company was informed by the Client od his/her decision to whithdraw from the order.
ARTICLE 11 – Responsability
11.1 The Company takes all necessary measures to guarantee the Client is provided with high quality services in optimal conditions. The Company cannot however be held responsible for any non-execution or improper execution of all or part of the services included in the contract, which would be attributable to either the Client, or an unforeseeable and unavoidable event caused by a third party to the contract, or to force majeure. More generally, provided the Companies’ responsibility is in question, the Company cannot accept to compensate the Client for indirect damage, or damage whose existence hasn’t been proven and quantum established with proof.
11.2 The Website is likely to contain links to other websites that the Company does not edit or control, therefore the Company cannot be held responsible for the running, the content or any other existing element obtained via those websites.
11.3 Such links or references to any information, articles or services supplied by a third party cannot be considered as an express and tacit validation of these websites or their content by the Company.
11.4 The Company cannot be held responsible for the availability of these websites and cannot control the content nor approve of the advertising, the products or any other information shared on these websites.
11.5 It is expressly stated that the Company cannot be held responsible in any case, in any manner whatsoever, in the event of a Clients computer equipment or electronic messaging blocking emails (because of anti-spam for example) sent by the Company, including, but not limited to, copies of payment tickets and shipment tracking emails.
11.6 The Client must be acutely aware of the provisions of this article, and in particular the guaranties and limitations of responsibilities aforementioned, which are key requirements without which the Company would never agree to contracts.
11.7 A message sent by a Client via the Website to another user doesn’t constitute a contracted higher education offer. Therefore, the user must not undertake administrative or other procedures based on this information. If a user applies for a residence permit/visa or undertakes any other procedure based on this information, the Company cannot be held responsible of the consequences induced by these procedures. Likewise, the selection by a user of his/her best messages received does not is not to be considered as registration.
11.8 The Company cannot be held responsible for the interruption of discussions between a Client and a user.
11.9 The Company transcribes the data entered by the Clients and users, therefore cannot be considered responsible for litigation due to false statements made by a user or a client.
11.10 The Client must comprehend that the Company isn’t a higher education institution.
11.11 The Client must be acutely aware of the provisions of this article, and in particular the guaranties and limitations of responsibilities aforementioned, which are key requirements without which the Company would never agree to contracts.
ARTICLE 12 – Personal data
12.1 In accordance with the law of January 6th, 1978 concerning computing, electronic files and freedoms, the Client is informed that some mandatory information is required from him/her in order for the Company to be able to process and fulfil orders placed on the Website, and if necessary, manage a customer space.
12.2 This mandatory information request, to which a lack of response would block the order process on the website, comprise the following elements:
Surname, Name, Institution (school, university…), postal address, Role, Telephone number, Banking details.
12.3 In accordance with the law of January 6th, 1978 concerning computing, electronic files and freedoms, the Client is informed that some optional information will be asked for, in order for the Company to be able to adapt its offer and improve services provided.
12.4 This optional information request, to which a lack of response wouldn’t affect the order process on the website, comprise the following elements:
Educational area, total headcount, partnerships, recruitment needs.
12.5 The Client has a right to oppose, to access, to correct, and to delete any personal data relative to him/her. This right can be exercised under the terms set out in the law by writing an email to the Company at: email@example.com, stating his/her surname, name, email address, and account identification.
12.7 Should a User land on the Websites homepage, or any other page, directly from a search engine, he/she will be informed:
- about the precise purpose of the cookies used;
12.8 Cookies will not be activated without prior consent received from the User:
- if someone visits the Website (homepage or directly another page of the Website, after being redirected by a search engine) and doesn’t continue navigating: a simple lack of action cannot be considered as a manifestation of will;
ARTICLE 13 – Intellectual property
13.1 The Website and everything it contains is protected by copyright, trademark law, industrial designs and/or any other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved for the whole world.
13.2 The HIGHEREDME name, brand, logos, industrial designs, stylized letters, and any distinctive marks displayed on this Website are and will remain the exclusive property of the Company.
13.3 Neither title nor intellectual property rights concerning any element or software will be obtained by downloading or copying elements from the Website. It is strictly forbidden for a Client to replicate (except for personal and non-commercial use), publish, edit, transfer, distribute, show, remove, delete, add to the Website and the elements and software it contains, or modify or perform any work by using them as a basis, nor sell or participate in a sale relating in any way to the Website, the elements of the Website nor any associated software.
13.4 The Client grants a non-exclusive licence to the User in order to use the Website. This licence is strictly private and cannot in any case be transferred to any third party. The licence is granted for the period of use of the Website.
13.5 The Website contains links to other websites that aren’t edited by or controlled by the Company, therefore the Company cannot be held responsible for the running, the content or any other existing element obtained via those websites. Such links or references to any information, articles or services supplied by a third party cannot be considered as an express and tacit validation of these websites or their content by the Company.
13.6 Any questions or comments with respect to another website shall be directed at the operators of these websites. No links to this Website are authorized without the prior written consent obtained from the Company.
13.7 Any use by the client of the trade names, brands and distinctive marks owned by the Company is strictly forbidden except where prior express consent from the Company is given.
ARTICLE 14 – Newsletter
14.1 By ticking the box intended for this purpose, or by giving his/her express consent to this end, the Client agrees to receive from the Company newsletters prone to contain information concerning his/her activities, at a frequency and under conditions defined by the Client.
14.2 By ticking the box intended for this purpose whilst completing the registration process to place an order, he/she agrees to receive commercial offers from the Company for products similar to those ordered.
14.3 Members having subscribed to the newsletter will have the possibility to unsuscribe from it by clicking on the links intended for this purpose, which are present in every newsletter.
ARTICLE 15 – Applicable law and jurisdiction allocation
15.1 These GCS shall be governed by and construed in accordance with the laws of France, without regard to any conflict of law principles
15.2 All parties agree to engage in a conventional mediation process or any other alternative conflict resolution method, in the event of a dispute that may arise during the interpretation and/or execution of these GCS, or regarding this Website and/or any purchase and/or purchase attempt made through it.
15.3 Should the mediation process fail, the rules of the Code of civil procedure will apply.Átras