Lyre Academy — General Terms and Conditions of Sale

This English text is a courtesy translation. In the event of any discrepancy, the French version prevails.

Between the company Lyre Academy, 37 rue Sainte Geneviève, 29600 Morlaix, registered with the Trade and Companies Register of PARIS under SIRET number 44998472300048, represented by Julian Cuvilliez in his capacity as manager, duly authorised for the purposes hereof. The company may be reached by email via the contact form accessible on the website’s home page, or directly at the following address: Lyre Academy, 25 Le Bourg, 22480 Kerpert, France. Hereinafter the “Seller” or the “Company”, on the one hand,

And the natural or legal person purchasing products or services from the company, hereinafter the “Buyer” or the “Customer”, on the other hand.

The following has been set out and agreed:

Preamble

The Seller publishes online course Products and Services intended for consumers, marketed through its website (http://www.lyre-academy.com/). The list and description of the goods and services offered by the Company may be viewed on the aforementioned site.

Article 1: Purpose

These General Terms and Conditions of Sale set out the rights and obligations of the parties in connection with the online sale of Products or Services offered by the Seller.

Article 2: General provisions

These General Terms and Conditions of Sale (GTCS) govern the sales of Products or Services carried out through the Company’s websites, and form an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer, who accepted them before placing an order. The Seller reserves the right to modify these terms at any time by publishing a new version on its website. The applicable GTCS are those in force on the date of payment (or of the first payment in the case of multiple payments) of the order. These GTCS may be consulted on the Company’s website at the following address: https://lyreacademy.wpcomstaging.com/conditions-generales-de-vente/ The Company also ensures that acceptance is clear and unreserved by means of a checkbox and a validation click. The Customer declares having read all of these General Terms and Conditions of Sale, and where applicable the Particular Terms of Sale relating to a product or service, and accepts them without restriction or reservation. The Customer acknowledges having received the advice and information necessary to ensure that the offer meets their needs. The Customer declares being legally able to contract under French law, or to validly represent the natural or legal person on whose behalf they are committing. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 3: Price

The prices of the products sold through the websites are stated in Euros excluding tax and precisely determined on the Product description pages. They are also stated in Euros including all taxes (VAT plus any other applicable taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or the French overseas territories, the price is automatically calculated excluding tax on the invoice. Customs duties or other local taxes, import duties or state taxes may be payable in certain cases. These duties and sums are not the Seller’s responsibility. They are payable by the buyer and fall under the buyer’s responsibility (declarations, payment to the relevant authorities, etc.). The Seller therefore invites the buyer to enquire about these matters with the relevant local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunication costs required to access the Company’s websites are payable by the Customer. Where applicable, so are the delivery costs.

Article 4: Conclusion of the online contract

In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to place an order: information on the essential characteristics of the Product; choice of the Product and, where applicable, of its options; provision of the Customer’s essential details (identification, email, address, etc.); acceptance of these General Terms and Conditions of Sale; verification of the order details (double-click formality) and, where applicable, correction of errors. Before confirming, the Buyer has the option to check the details of the order and its price, and to correct any errors or cancel the order. Confirmation of the order forms this contract. Then, the Customer follows the instructions for payment, pays for the products, and the order is delivered. The Customer will receive email confirmation of payment of the order, as well as an acknowledgement of receipt confirming it. The Customer will receive a PDF copy of these General Terms and Conditions of Sale. During the ordering process, the Customer will have the ability to identify and correct any data entry errors. The language offered for concluding the contract is French. The terms of the offer and the general terms of sale are sent by email to the buyer when ordering and archived on the Seller’s website. Where applicable, the professional and commercial rules to which the offeror intends to be subject may be consulted in the “annex rules” section of these GTCS, available on the Seller’s site. The archiving of communications, of the order, of the order details, and of the invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as evidence of the contract.

For products that are shipped, delivery will be made exclusively to the delivery address indicated and validated by the Customer at the time of the order. Where the delivery address differs from the billing address, or where the recipient of the shipment is a person other than the Customer who placed the order, the Customer must state this expressly and provide, at the time of the order, the full name of the recipient as well as the exact delivery address.

Any request to change the recipient’s name or the delivery address after the order has been validated must be sent to the Seller in writing as soon as possible. The Seller cannot guarantee that such a change will be taken into account if the order has already been prepared, handed to the carrier, or shipped. The Customer is responsible for the accuracy and completeness of the delivery information provided. Any additional costs resulting from an incomplete or incorrect address, from a lack of recipient identification, or from a re-shipment request, may be charged to the Customer, provided that these costs are communicated to and accepted by the Customer beforehand.

Article 5: Products and services

The essential characteristics of the goods and services and their respective prices are made available to the buyer on the Company’s websites, together, where applicable, with the product’s method of use. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by way of marking, labelling, display or any other appropriate means, of the prices and the particular conditions of the sale and of the performance of the services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is shown on the order confirmation page. The product’s sale price is the one in force on the day of the order, excluding shipping costs charged separately. Any such costs are indicated to the Buyer during the sales process and, in any event, at the time of order confirmation. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. Where products or services are not performed immediately, clear information is given on the product presentation page regarding the delivery dates of the products or services. The Customer certifies having received a breakdown of the delivery costs as well as the terms of payment, delivery and performance of the contract, together with detailed information about the identity of the seller, its postal, telephone and electronic contact details, and its activities in the context of this sale. The Seller undertakes to fulfil the Customer’s order only within the limits of available Product stock. Failing that, the Seller informs the Customer; if the order has been placed, and absent agreement with the Customer on a new delivery date, the Seller refunds the Customer. The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity period of the Products offer and their prices is specified on the Company’s websites, as is the minimum duration of the contracts offered where these concern a continuous or periodic supply of products or services. Unless otherwise agreed in particular conditions, the rights granted hereunder are granted solely to the natural person signing the order (or the holder of the email address provided).

Article 6: Conformity

In accordance with Article L.411-1 of the Consumer Code, the products and services offered for sale under these GTCS meet the applicable requirements relating to the safety and health of persons, the fairness of commercial transactions and consumer protection. Regardless of any commercial warranty, the Seller remains liable for defects in conformity and hidden defects of the product. In accordance with Article L.217-4, the Seller delivers goods that conform to the contract and is liable for defects in conformity existing at the time of delivery. The Seller is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation where this has been made the Seller’s responsibility by the contract or has been carried out under the Seller’s responsibility. In accordance with the legal provisions on conformity and hidden defects (Art. 1641 of the Civil Code), the Seller refunds or exchanges products that are defective or that do not correspond to the order. A refund may be requested by sending written notice to: Lyre Academy, 25 Le Bourg, 22480 Kerpert, France.

Article 7: Retention of title clause

The products remain the property of the Company until full payment of the price.

Article 8: Delivery terms

The products are delivered to the delivery address indicated at the time of the order and within the stated time frames. These time frames do not take into account the order preparation time. Where the Customer orders several products at the same time, these may have different delivery times, dispatched as follows: delivery via one or more parcels. In the event of a dispatch delay, notice may be sent to: Lyre Academy, 25 Le Bourg, 22480 Kerpert, France. In the event of a delivery delay, the Customer has the option to terminate the contract under the conditions and terms defined in Article L.138-2 of the Consumer Code. The Seller then proceeds to refund the product and the outbound shipping costs under the conditions of Article L.138-3 of the Consumer Code. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to ensure follow-up of the order. The Seller points out that, at the moment the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to the Customer. It is the Customer’s responsibility to notify the carrier of any reservations about the delivered product.

Article 9: Availability and presentation

In the event that an item is unavailable for a period exceeding 30 working days, you will be immediately informed of the foreseeable delivery times, and the order for that item may be cancelled on simple request. The Customer may then request a credit note for the amount of the item, or its full refund and the cancellation of the order.

Article 10: Payment

Payment is due immediately upon ordering, including for pre-order products. The Customer may pay by payment card or bank cheque. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by bank card is carried out by our payment provider. The information transmitted is encrypted according to best practice and cannot be read during transmission over the network. Once payment is initiated by the Customer, the transaction is debited immediately after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing bank details during the sale, the Customer authorises the Seller to debit the card for the amount corresponding to the stated price. The Customer confirms that they are the lawful holder of the card to be debited and that they are legally entitled to use it. In the event of an error, or of an inability to debit the card, the Sale is immediately terminated by operation of law and the order cancelled.

Article 11: Right of withdrawal

In accordance with the provisions of Article L.221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason within a period of fourteen (14) days from the date of receipt of the order. The right of withdrawal may be exercised by contacting the Company as follows: written notice sent to Lyre Academy, 25 Le Bourg, 22480 Kerpert, France. We inform Customers that, in accordance with the provisions of Articles L.221-18 to L.221-28 of the Consumer Code, this right of withdrawal cannot be exercised for any item for which a manufacturing or dispatch process is under way. If the right of withdrawal is exercised within the aforementioned period, the price of the purchased product(s) and the shipping costs will be refunded, the return costs remaining payable by the Customer. Returns of products must be made in their original and complete condition (packaging, accessories, instructions, etc.); they should, if possible, be accompanied by a copy of the proof of purchase. In accordance with the legal provisions, you may request the standard withdrawal form, to be sent to us at the following address: Lyre Academy, 25 Le Bourg, 22480 Kerpert, France. Refund procedure: the refund procedure may be carried out after an investigation into the purchased product(s); for more details, contact us at Lyre Academy, 25 Le Bourg, 22480 Kerpert, France.

Article 12: Warranties

In accordance with the law, the Seller assumes the following warranties: conformity and hidden defects of the products. The Seller refunds the buyer or exchanges products that are apparently defective or that do not correspond to the order placed. A refund request must be made by written notice to: Lyre Academy, 25 Le Bourg, 22480 Kerpert, France. The Seller points out that the consumer: has a period of 2 years from delivery of the goods to act against the Seller; may choose between replacement and repair of the goods, subject to the conditions laid down by the aforementioned provisions; is exempt from proving the existence of the defect in conformity during the six months following delivery of the goods; and, except for second-hand goods, that this period is extended to 24 months as from 18 March 2016. The consumer may also invoke the warranty against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code and, in this case, may choose between rescission of the sale or a reduction of the sale price (provisions of Article 1644 of the Civil Code). Additional warranties: _____ (describe your additional warranties).

Article 13: Complaints and mediation

Where applicable, the Buyer may submit any complaint by contacting the company using the following details: written notice sent to Lyre Academy, 25 Le Bourg, 22480 Kerpert, France. In accordance with the provisions of Articles L.611-1 to L.616-3 of the Consumer Code, the consumer is informed that they may have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code. If the complaint to the Seller’s customer service is unsuccessful, or in the absence of a reply within two months, the consumer may submit the dispute to a mediator who will, in full independence, attempt to bring the parties together with a view to reaching an amicable solution.

Article 14: Termination of the contract

The order may be terminated by the buyer by registered letter with acknowledgement of receipt in the following cases: delivery of a product that does not conform to the characteristics of the order; delivery exceeding the deadline set at the time of the order or, absent a date, within thirty days following payment; an unjustified price increase or a modification of the product. In these cases, the buyer may demand the refund of the deposit paid, increased by interest calculated at the legal rate from the date the deposit was received.

Article 15: Intellectual property rights

The trademarks, domain names, products, software, images, videos, texts or, more generally, any information subject to intellectual property rights are and remain the exclusive property of the Seller. No transfer of intellectual property rights is made under these GTCS. Any total or partial reproduction, modification or use of these assets for any reason whatsoever is strictly prohibited.

Article 16: Force majeure

The performance of the Seller’s obligations hereunder is suspended in the event of a fortuitous event or force majeure that would prevent its performance. The Seller will notify the Customer of the occurrence of such an event as soon as possible.

Article 17: Nullity and modification of the contract

If any of the stipulations of this contract were annulled, such nullity would not entail the nullity of the other stipulations, which will remain in force between the parties. Any contractual modification is valid only after a written agreement signed by the parties.

Article 18: Protection of personal data

In accordance with Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, the Seller implements a processing of personal data whose purpose is the sale and delivery of the products and services defined in this contract. The Buyer is informed of the following: the identity and contact details of the data controller and, where applicable, of the controller’s representative: the Seller, as indicated at the top of these GTCS; the contact details of the data protection officer: _____; the legal basis for the processing: performance of the contract; the recipients or categories of recipients of the personal data, if any: the data controller, its marketing departments, the departments in charge of IT security, the department in charge of sales, delivery and orders, the subcontractors involved in the delivery and sales operations, as well as any authority legally authorised to access the personal data in question; no transfer outside the EU is planned; the retention period of the data: the duration of the commercial limitation period; the data subject has the right to request from the data controller access to the personal data, its rectification or erasure, or a restriction of the processing relating to the data subject, or the right to object to the processing and the right to data portability; the data subject has the right to lodge a complaint with a supervisory authority; the information requested when ordering is necessary for the establishment of the invoice (legal obligation) and the delivery of the ordered goods, without which the order cannot be placed. No automated decision-making or profiling is implemented through the ordering process.

Article 18 (bis): Applicable law and clauses

All the clauses contained in these general terms and conditions of sale, as well as all the purchase and sale operations referred to therein, shall be governed by French law. The nullity of a contractual clause does not entail the nullity of these general terms and conditions of sale.

Article 19: Consumer information

For the information of consumers, the provisions of the Civil Code and the Consumer Code are reproduced below:

Article 1641 of the Civil Code: The seller is bound by the warranty against hidden defects of the item sold which render it unfit for its intended use, or which so diminish that use that the buyer would not have acquired it, or would have paid a lower price for it, had they known of them.

Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within the year following the date on which the seller may be discharged from the apparent defects or non-conformities.

Article L.217-4 of the Consumer Code: The seller delivers goods that conform to the contract and is liable for defects in conformity existing at the time of delivery. The seller is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation where this has been made the seller’s responsibility by the contract or has been carried out under the seller’s responsibility.

Article L.217-5 of the Consumer Code: The goods conform to the contract: 1° if they are fit for the use usually expected of similar goods and, where applicable: if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; if they present the qualities that a buyer may legitimately expect having regard to the public statements made by the seller, the producer or its representative, in particular in advertising or labelling; 2° or if they present the characteristics defined by mutual agreement between the parties or are fit for any special use sought by the buyer, made known to the seller and which the latter has accepted.

Article L.217-12 of the Consumer Code: The action resulting from a defect in conformity is time-barred two years after delivery of the goods.

Article L.217-16 of the Consumer Code: Where the buyer asks the seller, during the term of the commercial warranty granted at the time of acquisition or repair of movable goods, for a repair covered by the warranty, any period of immobilisation of at least seven days is added to the remaining warranty period. This period runs from the buyer’s request for intervention or from the making available of the goods for repair, if that making available is later than the request for intervention.

The automatic generation of this document cannot replace the work of a lawyer or any expert in the field; it is a drafting aid and a good starting point. Publishing the GTCS on your website is your responsibility; it is up to you to adapt the specific points to your field of activity.