Article 1 – Identification of the Seller
The website www.vivovojo.com is published by the company PY GRUP (hereinafter referred to as "the Company").
The website www.vivovojo.com is published by the company PY GRUP (hereinafter referred to as "the Company").
BY ACCEPTING THESE TERMS, THE CLIENT EXPRESSLY REQUESTS THAT THE SERVICE BEGIN BEFORE THE EXPIRY OF THE 14-DAY WITHDRAWAL PERIOD, IN ORDER TO ENJOY IMMEDIATE ACCESS.
Nevertheless, the Client retains their right of withdrawal, along with an additional “satisfied or refunded” guarantee.
Article 2 – Scope of Application
These General Terms and Conditions of Sale (hereinafter referred to as the "Terms") apply without restriction or reservation to all sales concluded by the Company with individual or professional clients (hereinafter the "Client") wishing to access trainings, documents, or related products offered through the Website and its associated domains and subdomains (hereinafter the "Service").
These Terms are available on the Website and shall prevail over any other conflicting document or version.
By confirming an order, the Client acknowledges having read and accepted these Terms by checking the appropriate box before finalizing the purchase. The Client also confirms that, prior to the order, they received sufficient information and advice from the Website and the Company to ensure the Service offer was suited to their needs.
The Client declares to have the legal capacity to enter into contracts under French law and, if applicable, to validly represent the person or entity they are purchasing for. Professional clients guarantee compliance with these Terms by all their employees, agents, and representatives.
Unless proven otherwise, the data recorded by the Website shall serve as proof of all transactions, acceptances, and exchanges.
Article 3 – Description of the Service
The order specifies the Services provided as part of the sale. Unless otherwise indicated, these Services are described on the Website or in the summary email sent to the Client after purchase.
The Service may include, but is not limited to:
- In-person workshops
- Webinars
- Online training programs
- Downloadable documents
- Downloadable audio materials
- Personalized support
The Client is informed that some Services may require access to external platforms (partners or third parties), which are developed and managed under the sole responsibility of those third parties. The Company has no control over the content of these platforms and accepts no liability for their content or for how third parties may use the information found there. In the event of an issue or malfunction with a required third-party platform, the Company will endeavor to provide the Service through an alternative platform with similar features.
Products and services are offered and delivered within the limits of available quantities. The Company may voluntarily limit the number of Service recipients.
If a Service becomes unavailable, the seller will promptly inform the Client and may offer an equivalent Service of similar quality and price or refund the amount paid within 7 days. Apart from refunding the unavailable Service, the seller shall not be liable for any cancellation-related compensation.
Photographs and illustrations of the Services are for illustrative purposes only and are not contractually binding.
Article 4 - Access to Services
The Services are accessible only to natural persons authorized by the Company who have subscribed to the Service, it being specified that the Customer may not authorize persons other than its internal users.
Any use of the Customer's access to the Services by an unauthorized person shall incur the Customer's liability.
Customer access to the Services is granted to all Users in accordance with the technical procedures and schedule provided by the Company. The identification code(s) is/are assigned by the Company when the Service is subscribed.
Each identification code is personal, individual, confidential and non-transferable.
The Customer is responsible for any fraudulent or abusive use of his/her access codes. The Customer shall immediately inform the Company of any loss or theft of access keys. In the event of violation of the access keys, the Company reserves the right to suspend the Service, without compensation, prior notice or prior information.
Access rights to the Service are granted for a variable period stipulated in the order, depending on the package chosen - please refer to the order description sheets - starting from the opening of the access keys to the Service.
Article 5 - Warranties
5.1 General warranty
The Company undertakes to do its utmost to provide the Service during the period agreed in the order, except in the event of breakdown or technical constraints linked to the specificities of the Internet network or third-party solutions used.
The Customer may use the Service within the limits of reasonable use. The Customer undertakes to inform the Company within 24 hours of discovering a technical malfunction. In the event of a service interruption by the Company due to corrective maintenance, the Company will make every effort to remedy the malfunction within a reasonable time. The security and integrity of Internet communications cannot be guaranteed. The Company declines all responsibility for the consequences of technical failures on the site or in connection with the site, in particular with regard to any difficulty of access.
The service sold on the website complies with the regulations in force in Andorra. The Company may not be held liable in the event of non-compliance with the legislation of the country in which the products are available, which it is the Customer's responsibility to check.
5.2 Money-back guarantee
The Company may offer a “satisfied or reimbursed” guarantee for a period of 15 days from the date of order. To be valid, the guarantee must be specified when the order is placed. The Customer therefore has 15 days from the date of order to request a refund if he is not completely satisfied with the Service.
For seminars and in-person workshops, any cancellation made after the legal 15-day withdrawal period will incur a processing fee of €30, which will be deducted from the refundable amount.
Article 6 - Pricing conditions
6.1 Prices
Services are provided at the rates in force on the Site, at the time the order is registered by the Customer. Prices are expressed in euros, exclusive of VAT at the current rate.
These prices are firm and non-revisable during their period of validity, as indicated on the day the order is placed. Prices may be revised in the event of promotional offers or one-off operations.
6.2 Orders - Invoices
It is the Customer's responsibility to select on the Site the Service(s) he wishes to order.
The sale will only be considered definitive once the Company has sent the Customer confirmation of acceptance of the order by e-mail, and once the full price has been received, or, in the case of a special offer, a partial payment has been received.
An invoice is drawn up by the Company within a reasonable time of the order. It is sent to the Customer or, failing this, is available on request.
6.3 Payment
Except for special offers and at the end of any trial period, the full purchase price of the service ordered will be required.
Payments by bank transfer, credit card and Paypal are debited at the time of order or at the end of the trial period.
If payment is made by cheque, it will be cashed as soon as it is received.
Payments made by the Customer will only be considered definitive once the sums due by the Customer have been effectively cashed.
Any access rights will then be issued once payment has been received and sent to the Customer by e-mail.
In the event of non-payment or late payment by the Customer, the Company will not be obliged to deliver access and reserves the right to suspend access to the service.
In the case of a special offer, if there is a problem with payment by instalments, the customer will only be able to access the service once the instalment has been paid within a reasonable period of time. Full payment of the training course is required for full access. In addition, the Company reserves the right to suspend or cancel the Customer's access in the event of non-compliance with the above payment conditions.
6.4 Withdrawal
You have the right to withdraw from these GTS without giving any reason within a period of fourteen days. The withdrawal period expires fourteen days after the date of conclusion of the contract.
To exercise the right of withdrawal, you must notify us at [email protected] of your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail).
You can use the model form below, but you are not obliged to do so.
For the withdrawal period to be respected, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
In the event of your withdrawal from this contract, we will refund all payments received from you, including delivery charges, without undue delay and, in any event, no later than thirty days from the date on which we are informed of your decision to withdraw from this contract. We will make the refund using the same means of payment you used for the original transaction, unless you expressly agree to a different method; in any event, this refund will not incur any costs for you.
MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract).
For the attention of [the professional here inserts his/her name, geographical address and, where available, e-mail address] :
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the provision of the following services (*):
Ordered on (*) :
Name of consumer(s) :
Address of consumer(s) :
Signature of consumer(s) (only in case of notification of this form on paper) :
Date :
(*) Delete as appropriate.
6.5 Payment methods governed by the LearnyPay system
The Company invoices the Customer for access to training courses using the Learny Pay System provided by LearnyBox and MangoPay. The Customer pays for the access set by the Customer at the time of the Order via the LearnyBox payment system called LearnyPay by credit card (Carte Bleue, Visa, MasterCard) or any other means that LearnyBox will make available on its site.
By using LearnyPay, the Customer unreservedly accepts MANGOPAY's general terms and conditions, available here: https://26095004.fs1.hubspotusercontent-eu1.net/hubfs/26095004/Legal%20documents/Mangopay-terms-payment-services_EN_11_2024.pdf.
Customers agree to respond favorably to any request from the LearnyBox Company or MANGOPAY and more generally from any competent administrative or judicial authority in relation to the prevention or fight against money laundering and, in particular, they agree to provide any useful proof of address or identity. In the absence of an immediate response to these requests, the Company, LearnyBox and/or MANGOPAY may take any appropriate measure, including freezing the sums paid and/or suspending the service.
Article 7 - Limitation of liability
Under no circumstances may the Company be held liable for any technical or software failure or any cause beyond its control. Whatever the type of Service, the Company's liability is expressly limited to compensation for direct damage proven by the Customer. In the case of professional Customers, the Company's liability is limited to the amount of the price paid by the Customer for the Service ordered.
Under no circumstances may the Company be held liable for indirect damage such as loss of data or files, operating loss, commercial loss, loss of earnings, damage to image or reputation. The Company shall not be held liable for any disputes arising between the Customer and its own customers.
The use and exploitation of the information provided under the Service are under your sole responsibility and at your own risk. The customer is solely responsible for interpreting the information provided under the Services and for the advice he/she deduces therefrom, as well as for any adaptations made for his/her own commercial activity.
Article 8 - Force majeure and inability to provide the Service
The Company shall not be held liable to the Customer in the event of non-performance of its obligations resulting from an event of force majeure. The following are considered to be cases of force majeure or fortuitous event, in addition to those usually recognized by the case law of the Courts and Tribunals of Andorra, and without this list being restrictive: strikes or labor disputes internal or external to the Company, natural disasters, fire, interruption of telecommunications, interruption of energy supply, interruption of communications or transport of any kind, or any other circumstance beyond the reasonable control of the Company.
In the event of incapacity to work of the expert in charge of the Service within the Company, as a result of illness or accident, the Company reserves the right to modify the planned schedule without the Customer being entitled to claim compensation. The Company will notify the Customer within a reasonable period of time of its incapacity and, as far as possible, of the duration thereof, so that the Customer can decide whether or not to continue providing the Service. In the event of non-maintenance, the services provided will be due as soon as they have been rendered. For Services not rendered due to incapacity, the Company undertakes to make a partial refund on first request, in proportion to the value of the Service at the time the order was placed.
Article 9 - Termination
9.1 Termination by the Customer
The Customer may cancel the Service at any time by sending an e-mail to [email protected]. The Customer remains liable for the Service subscribed to at the time of the order.
9.2 Termination by the Company
The Company reserves the right to terminate the Service immediately in the event of non-payment by the Customer of one or more instalments.
Any sum not paid within thirty days will be increased by a rate equal to three times the legal interest rate in force plus ten percentage points, as well as a fixed indemnity for collection costs of 40 euros. For business customers, late payment penalties are payable without a writ of execution.
The Company also reserves the right to immediately terminate the Customer's Service in the event of any infringement by the Customer of the Company's intellectual property rights or any other breach of the Service.
Termination of the Service automatically entails the suspension and termination of the Services subscribed to by the Customer with the Company, as well as the immediate payment of all sums due in principal, costs and accessories (interest on arrears, any bank charges).
9.3 Termination due to changes in the General Terms and Conditions of Sale
The professional seller reserves the right to modify its GTC at any time. In the event of modification of the GTCS, the applicable GTCS are those in force at the date of the order, a copy of which dated to that date may be given to the Customer on request.
The Company reserves the right to modify its offers at any time. Except in exceptional circumstances, the Company will not increase or decrease the price of Services already subscribed to.
Modifications to the General Terms and Conditions of Sale are enforceable against users of the Site and Customers who have accepted them from the time they are put online.
In the event of refusal of the new GCS, the Company is free to terminate the present commitment.
Article 10 - Data protection
Customers are informed that their personal data is processed automatically for the purposes of commercial prospecting and Service management. Customers are informed that this data may be subject to statistical analysis by the Company and may be transferred to third parties and partners if the Customer has expressly consented to this.
The information requested in the forms available on the Site, marked with an asterisk, is compulsory and necessary for the management of Customer requests. Failure to reply to a compulsory field will make it impossible for the Company to process Customer requests.
Customers have the right to access, rectify and delete data concerning them, and may object to processing for legitimate reasons. To exercise these rights, please contact: [email protected].
Article 11 - Intellectual property
The content of the Site is the exclusive property of the Company and its partners and is protected by Andorran and international laws relating to intellectual property. Any reproduction, in whole or in part, is strictly forbidden under penalty of prosecution.
The Company is the sole owner of the intellectual property rights of all the Services it offers to its Customers. To this end, all content and teaching aids, whatever their form (paper, electronic, digital, oral, video, etc.) used by the Company to provide the Services, training and ancillary services remain the exclusive property of the Company. As such, they may not be used, transformed, reproduced or exploited in any way not expressly authorized by the Company.
In particular, the Customer is prohibited from using and exploiting the content of training courses and Services to train persons other than its own personnel. The Customer is liable for any unauthorized transfer or communication of the content.
In return for payment of the price of the Service, the content and information transmitted are subject to a personal, non-transferable and non-exclusive right of use for a limited period, the duration of which varies according to the Service or package chosen. Please refer to the description sheets for each of the Services included in the order.
With the exception of authorized personal or commercial use of the information within the framework of the Customer's activity, any exploitation, reproduction, representation, modification, publication, transmission, denaturing, in whole or in part, of the contents of the Services and training courses, as well as any databases appearing on the Site, is strictly forbidden, whatever the process and medium used.
In any event, the Company remains the owner of its tools, methods and know-how developed prior to or in connection with the Service provided to the Customer.
Article 12 - Communication and Customer references
The Customer agrees to be cited by the Company as a Customer of its Services. The Company is thus authorized to mention the Customer's name, together with an objective description of the nature of the Services provided, which are the subject of the contract, in its reference lists and proposals to prospects and Customers, in particular on the Site, in discussions with third parties, in communications to its staff, in internal management planning documents, in its annual report to shareholders, and in the event of legal, regulatory or accounting provisions requiring it to do so.
Article 13 - Applicable law - Language
These general terms and conditions of sale are governed by Andorran law. They are written in French. Should they be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
The nullity of a contractual clause does not entail the nullity of the GCS. The temporary or permanent non-application of one or more clauses of the GCS by the Company shall not constitute a waiver of the other clauses of the GCS, which shall remain in full force and effect.
ARTICLE 14 - DISPUTES
FOR CONSUMER CUSTOMERS, ALL DISPUTES ARISING OUT OF OR IN CONNECTION WITH THE PRESENT CONTRACT, CONCERNING ITS VALIDITY, INTERPRETATION, PERFORMANCE, TERMINATION, CONSEQUENCES AND CONSEQUENCES, SHALL BE SUBMITTED TO THE COMPETENT COURTS IN ACCORDANCE WITH CONSUMER LAW. IN THE EVENT OF A DISPUTE ARISING BETWEEN A PROFESSIONAL CUSTOMER AND THE COMPANY, THE COMMERCIAL COURT OF ANDORRA SHALL HAVE EXCLUSIVE JURISDICTION.