The general conditions of sale and provision of services (hereafter « the GC ») of Resero Sarl (hereafter “ Resero ” ) that are composed by this Preamble and the clauses that follow it, are agreed between Resero as one party, as specified in the document « Legal notices » and the Client as the second party, where the Client refers to a person making the order either through the website «www.reussitemax.com» and other websites of Resero redirected to the website www.reussitemax.com (hereafter « the Site »), or by telephone or at an event attended by Resero.
Any other contractual provision from the documents that are sent or remitted by the Client cannot be integrated into these conditions. Only explicit acceptance of Resero related to one of these two documents will be effective against it.
The Client hereafter refers to a consumer, a non-professional or a professional entity. However, only the consumer and non-professional clients have specific rights as stipulated in the Code of Consumption. On the contrary, when the agreement is made on a professional basis, the Client acknowledges that these rights will be called into question.
The Client declares to have the legal capacity that enables him to enter into a contract.
The web users who are not Swiss residents and who wish to make an order through the Site need to verify if the law applicable in their country of residence allows them to execute this type of transaction. The existence of the Site cannot be qualified as an act of solicitation and the contract made between the Client and Resero is a contract concluded at a distance.
1 – OBJECT
The goal of these GC is to define the conditions under which every purchase of one or more Products featuring on the Site and defined in the article 2 below is made, and besides that, every registration to a seminar or a personalized coaching (hereafter « the Services »).
2 – PRODUCT FEATURES
The books, movies and other intellectual works are published by Resero (hereafter « the Products »), who is the exclusive holder of the exploitation rights of these works.
The Products can be delivered only in electronic form, by online viewing or downloading.
The graphic presentation of the Products on the Site is just their illustration. Therefore, their presentations can be modified while viewing online or downloading.
3 – ORDER OF PRODUCTS AND REGISTRATION FOR SERVICES
3.1 – The Client can make an order or register for Services through the Site, by telephone or during events attended by Resero company.
3.2 – Order of Products and Registration for Services through the Site
3.2.1 – After opening of an account on the Site, the Client will be able to make an order. First of all, the Client needs to identify himself giving his contact details and after completing identification process, he will be able to reconnect with a user name composed of his email address, and a password he has previously chosen. The Client will be able to change his password whenever he wants. This password is strictly personal and needs to remain confidential.
The Client expressly acknowledges that the entry of his email address and his password is used for his identification.
4 – THE PRICING CONDITIONS
4.1 – Currency – VAT – Other taxes
The rates indicated on the Site are in Euros (€) including tax for consumers and non professionals. The VAT rate that applies is the legal rate effective on the day of the transaction. In case of modification of the amount of VAT rate, the adaptation of the price including tax will be immediate, without prior notice.
In case of a serious and obvious typographical error in the price display, the contract can be cancelled.
4.2 – Modification of rates
At any moment, Resero can modify the rates of its Products and Services. However, the modifications shall not apply to the previous contracts validly formed (article 3-2).
5 – THE PAYMENT
5.1 – The payment of the entire price of the order needs to be executed while ordering; as soon as Resero company receives the entire payment, the download of the Product and/or registration for the Service(s) become available.
In exceptional circumstances, Resero company can allow a payment by installments, especially in regard to the amount to be paid and the knowledge it has of that particular Client. However, Resero company has no obligation to allow these payment terms. The Client may request them by contacting the customer service of Resero company at [email protected]
5.2 – In order to pay the order, the Client has, at his choice, several payment methods proposed while validating the order form : by a credit card, by Be2Bill provider or by transfer payment for the amounts above 1000 Euros without tax.
In case of a credit card payment, the Client expressly recognizes that the provision of his credit card number to Resero shall be understood as an authorization to debit his account for the entire amount corresponding to the ordered Products or for the registration for Services. The amount shall be debited upon the conclusion of the contract.
5.3 – During the validation of the order form, the Client assures Resero that he has all the necessary authorization to use the chosen payment method. Resero reserves the right to suspend any management of order in case the authorization for credit card payment is refused by the officially accredited organizations, or in case of non-payment.
Resero reserves the right to refuse to meet the orders coming from a Client who would not have settled totally the order in question or partially a previous order, or with whom a dispute of payment would be in course of administration.
5.4 –Resero reserves the possibility to set up a procedure for auditing the orders, so it can assure that no one is using other person’s bank details without his knowledge. Within the scope of this audit, the Client can be asked to provide Resero, by email or by post, with a copy of some identification document, proof of address, and a copy of the credit card used for the payment (copies of front and the back side, making sure that only first 4 and last 2 digits of the number on front are visible, and hiding the cryptogram and the entire number of credit card which may be seen on the back side of the card). The order will become valid only after the receipt and audit of provided documents are completed.
6 – PROVISION OF THE PRODUCTS – after-sales service
6.1 – After the payment is completed, the Products are available to the Client through online viewing and/or downloading, and in a usual format. The Client needs to verify if his computer system has the capacities for online viewing and/or downloading.
6.2 – In order to help the Client, after the purchase of the Product, Resero will provide a client with an after-sales service number at no additional charge. The Client can also send an email to the customer service of Resero at [email protected]
7 – WITHDRAWAL PERIOD
7.1 – Absence of withdrawal period for every order of Products
The consumer Client or non professional Client does not have any right to withdraw according to the article L121-21-8 of the Code of Consumption. While ordering some Product, the client in fact gives his prior agreement and he expressly waives his right to withdraw.
7.2 – Withdrawal period for every registration for a Service
7.2.1 – The consumer Client or non professional Client has a period of 14 days calendar days, from the day of the conclusion of the contract, to use his right to withdraw, in accordance with the article L121-21 of the Code of Consumption.
7.2.2 – The consumer Client or non professional Client can use this right either through a withdrawal letter or through an email expressing his clear will for withdrawal, sent to [email protected] Resero will acknowledge the receipt of request for the use of the right to withdraw, by sending an email to the Client on the address indicated by the latter.
7.2.3 – This right to withdraw is exercised without any penalty.
7.2.4 –Resero commits to provide reimbursement in the form of a credit note, within no more than 14 calendar days from the day Resero received the notice of Client’s will to withdraw.
8 –CONTRACTUAL SATISFACTION GUARANTEE – REPAYMENT CONDITIONS
8.1 – In some particular cases and for certain Products or Services Resero offers a satisfaction guarantee. This guarantee is specified on the page of the Site representing that particular Product or Service. When this type of the guarantee is specified on the page, the Client can contact Resero at [email protected] ask for the refund.
8.2 – The following Services are specifically excluded from the guarantee of satisfaction: the personal coaching and the ReussiteMax workshops.
8.3 – Repayment conditions applicable to the seminars
The refund of the registration to a seminar is possible only in two cases, as follows:
– The Client came to the seminar and he has openly and in detail expressed his dissatisfaction before the end of the second day (17 hours), by submitting a written latter, his badge, and all other documents received during the seminar in question;
– In case the Client does not show up at the seminar, he can ask for the refund that will be in form of a credit note of the full amount to be used on a future product or service within a year of the date of the refund.
8.4 – In case of a request for transferring the registration to another person, an administrative costs of 50 Euros without tax shall be applied.
9 – THE LIABILITY
Resero is liable for the good execution of the order.
However, every bad performance or non-performance attributable to the Customer (especially related to the obsolete or undersized computer system), to force majeure or to an unpredictable or insurmountable act by a third party to the contract, may exempt in whole or in part the liability of Resero.
10 – SUSPENSION – TERMINATION OF THE ACCOUNT BY RESERO
Resero reserves the right to suspend or to terminate account of a Client who would breach the provisions of the GC, or generally every applicable legal provision, without prejudice to damages and interests which Resero may reclaim.
Every person whose account has been suspended or closed cannot subsequently make an order or create a new account on the Site, without prior consent of Resero.
11 – ARCHIVING – EVIDENCES
The computerized records, stored under conditions of reasonable security, shall be deemed as evidence of communications, orders and payments between the parties.
The archiving of the order, forms, confirmations and invoices is done on a reliable and durable media in order to provide a true and long lasting copy pursuant to the article 1348 of the Civil Code.
The computerized records of Resero shall be deemed by the parties to be the evidence of communications, orders, payments and transactions that have occurred between the parties.
The Client will have the access to archived documents upon a simple request sent to [email protected]
12 – VARIOUS PROVISIONS
In a general manner, the Client and Resero expressly accept the possibility of exchanging the information via email. The mailing address of Resero shall be [email protected]
The GC can be amended by Resero at any time in order to integrate every legal or jurisprudential modification applicable namely to the e-commerce on the one hand, and every technical or technological change to improve the operation of the Site, on the other hand.
If any of the stipulations of this GC are invalid, it shall be deemed as non-written, but will not result in the nullity of the contractual provisions in total.
Any tolerance or renunciation by one of the Parties, to enforce all or part of the obligations taken in accordance with this GC, whatever the frequency and duration it may have, cannot be construed as modification of the GC, or as conferring any right whatever.
13 – THE SETTLEMENT OF DISPUTES
These GC shall be subject to Swiss law.
In case of dispute, the consumer Client or non-professional Client can choose a conventional mediation or any other alternative method for the settlement of disputes.
If the Client is a professional, the case may only by referred to the courts in Lausanne.
Updated on 27th October, 2016.
According to the Data Protection Act of January 6th, 1978, you have the right of access and rectification to all of your personal data.
Your data will be used solely by the Resero Sarl.
Just like you, we hate spam and we respect your privacy: your email address shall never be sold or shared with anyone.