Terms and Conditions
The following Terms and Conditions of Sale is a legally binding document. Please read carefully.
Introduction – Acceptance of the General Terms and Conditions of Sales
The online training centre eLearning-Horizons.com was developed by the company Horizons Conseil, owner of the website.
The following information is provided in the English language. The Internet User declares having the legal capacity required to commit himself into these binding Terms and Conditions.
Any order confirmed and purchased from the ecommerce website eLearning-horizons.com means acknowledgement and acceptance of our General Terms and Conditions of Sale. Therefore, the Internet User acknowledges the fact that the validity of the Terms and Conditions do not require the hand-written signature, in order to purchase the services presented on the website eLearning-horizons.com.
The object of the following Terms and Conditions is to stipulate the rights and obligations of the parties within a contractual agreement for the selling and the purchasing online services from the website eLearning-horizons.com.
A contractual agreement will take effect as from the date of an order confirmed and issued from the website eLearning-horizons.com and for the whole duration of the subscription purchased.
1. Definitions
1.1 “Buyer” means the individual or organization who buys or agrees to buy the services from the Seller;
1.2 “Contract” means the contractual agreement between the Seller and the Buyer for the sale and purchase of Services incorporating these Terms and Conditions;
1.3 “Services” means the e-learning products that the Buyer agrees to buy from the Seller
1.4 “Seller” means the company Horizons Conseil, owner of the site eLearning-horizons.com.
1.5 “Terms and Conditions” means the Terms and Conditions of Sale set out in this document and any special terms and conditions agreed by the Buyer.
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Services by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Purchase of Services shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms agreed between the parties) shall be inapplicable unless stated in writing by the Seller.
3.1 All orders for Services shall be deemed to be an offer by the Buyer to purchase Services pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 When making an order, the technical steps the Buyer needs to take to complete the order process are described in the Orders and Prices section within the website.
3.3 The Services have an expiry date as per specified on the website depending on the subscription purchased.
3.4 The “Click” button on the Order Form acts as a Purchase Order confirmation and acts as an electronic signature in lieu of a hand-written signature.
4.1 The prices of Services shall be that stipulated on the Seller’s website. Prices are displayed inclusive of VAT @ 8.5% in accordance with the taxation system applied in the French Overseas Departments. VAT is not applicable for Businesses outside the European Union.
4.2 The total purchase price will be displayed on the Buyer’s electronic order form prior to confirming the order.
4.3 Prices quoted are maintained at the time an order is placed.
4.4 Orders will be paid online using a valid credit or debit card via a secure payment system.
4.5 After the order is received the Seller shall confirm by email the details, description and price for the Services.
4.6 Payment must be made in full prior to dispatch of access codes required to access the e-learning platform.
4.7 When purchasing Services from the website using a credit or debit card, the Buyer declares being legally entitled to do so. The Seller cannot be held responsible in case of fraudulent use of a credit or debit card.
5.1 The Seller reserves the right to adjust the price and specification on the website at its discretion.
5.2 The Seller reserves the right to withdraw any service from the website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Services from the website or for refusing to process an order.
5.4 In the event that the Seller discovers that the Buyer is not legally entitled to order Services, the Seller reserves the right to cancel the order immediately without notice.
6.1 An order is considered placed upon receipt of payment confirmation. The Seller will then provide the Buyer with a nominative access code within a delay of two (2) working days. Access codes are valid for the whole duration of the subscription as from date of issue. All correspondence and recorded data regarding the Service provision constitute evidence of the contractual agreement between the Seller and the Buyer.
Where a specific delivery date has been agreed and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
6.2 The Seller shall use its reasonable endeavors to meet any date agreed for delivery of access codes. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
6.3 Delivery of the Services shall be made to the email address specified in the order form.
The Seller displays on its website all the information required by the Buyer in order for him to make the decision to purchase Services.
A limited free trial period is offered to any potential buyer as a commercial gesture on a discretionary basis. Restrictions apply as follows:
- Free trial offers are only valid once per person
- Existing clients are not eligible for free trial of offer
9. Use and Duration of Service
The Seller restricts the right and prerogatives of the Buyer to using, browsing and printing learning materials and any other documents for the sole duration of the subscription purchased. Subsequently, the Buyer is strictly forbidden to:
- Distribute the learning material content of this site and provide his nominative access codes to third parties by any means;
- Download with the exception of authorized material, copy on any type of support, by any means the content of this website including learning platform other than to print learning materials for private and educational use and as part of the subscribed learning programme.
- Misuse the content of this site to any other means than what is authorized by the Seller.
When printing documents, these materials can solely be exploited for private and educational use and cannot be distributed to any third party.
Abusive or fraudulent use and violation of these terms are punishable by law and will automatically give consent to the Seller the right to cancel subscription irrevocably and to file a complaint.
The Seller reserves the right to cancel a subscription purchased by the Buyer in the event of a breach in these Terms and Conditions. The Buyer will therefore be advised in writing by email.
Except as may be implied by law where the Buyer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Services and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its right to do so in the future.
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to failure or interruption of telecommunication systems, natural disasters, riots, labor strikes, lock outs, accidents, war, fire, unavailability of equipment or components, explosion, compliance with government requests, laws, regulations, orders or actions; as a consequence, the Seller shall be entitled to a reasonable extension of its obligations. In addition the Seller shall not be held responsible for hypertext links directing to illegal sites not in accordance with the regulation in force.
The Seller shall not be held responsible for lack of results following the purchase of Services provided on the website, due to misuse of features and functionality made available to the Buyer.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
The Seller shall be entitled to alter these Terms and Conditions at any time. This right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
These Terms and Conditions shall be governed by and construed in accordance with the law of France and the parties hereby submit to the exclusive jurisdiction of the French courts.
The company Horizons Conseil is registered with the French Data Protection Authority (CNIL) under the number 1345997.
The information requested from the Buyer is mandatory to process any order and may be transferred to the Seller’s affiliates and partners involved in the commercial transactions for the provision of Services purchased by the Buyer. By using the website eLearning-horizons.com, the Buyer expressly consents to such transfer. In the event that the Buyer wishes not to share personal information, requests will be made in writing to the following postal address: Horizons Conseil, FAO eLearning-horizons.com c/o EG Missions Route de la Jaille, 971722 Baie-Mahault Guadeloupe, French West Indies or by email to contact@elearning-horizons.com. In such event, the Seller reserves the right not to provide access to some features and functionality of the website eLearning-horizons.com or cancel subscription.
All payments made via the website eLearning-horizons.com are processed directly through the SSL secure online payment system of a recognized French financial institution BRED or Paypal. No bank details are stored on the Seller’s website and cannot be accessible by any third party.
As per the Data Protection Act, private information provided by the Buyer registered to access Services purchased shall not be sold to any third party under any circumstance.
The Seller uses commercially reasonable physical, managerial and technical safeguards to preserve the integrity and security of the Buyer’s personal information. However, the Seller cannot ensure or warrant the security of any information transmitted by the Buyer. It is important for the Buyer to note that this is not a guarantee that the given personal information may not be accessed, disclosed, altered or destroyed by breach of any of the Seller’s physical, technical or managerial safeguards.
In the event of a security systems breach, the Seller may attempt to notify the Buyer electronically so that appropriate protective steps can be taken. Should a written notice of a security breach be required by the Buyer, it should be requested by email to contact@elearning-horizons.com. A response will be provided within 30 days of receipt.
[Effective Date of General Terms and Conditions of Sale of eLearning-horizons.com: 23 March 2009]
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