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General Terms and Conditions

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DEFINITIONS

These General Terms and Conditions of Sale contain the following terms and abbreviations, which are defined below:

 “GTC“: General Terms and Conditions of Sale. All of the stipulations contained in this document, the purpose of which is to govern the relationship between Customers and the Service Provider as part of the subscription to the Service”.

“Customer“: Any individual or legal entity subscribing to the Services via the Website.

 “Order“: Act by which the Customer subscribes to the Services under the conditions defined in article 3 of these General Terms and Conditions of Sale.

“User Account“: a space reserved for the User, accessible after registration on the Website by means of a username and confidential password, and enabling the User in particular to order Videos offered as part of the Services (i) to access other Third Party Services present on the Website against payment of the price displayed and acceptance of the general terms and conditions of sale (ii) or to take advantage of other features reserved for registered Users (iii).

“Party“: Refers indiscriminately to the Service Provider or the Customer or both.

“Provider“: The company Kookie Learning SARL registered in the Trade and Companies Register of France under no. R.C.S. 883 972 473 in Marseille, with its registered office at 38, rue de la Rotonde, 13001 Marseille, France.

“Service or Provision“: Paid video-on-demand VOD service offered by the Service Provider via a Third Party Service (SchoolMaker).

“Website” means the Provider’s website, accessible at the URL www.kookielearning.com, through which the Provider offers its Services.

“Third Party Service“: Service published by third party partners that can be accessed on and/or from the Website, in particular via dedicated areas and/or hypertext links placed in the various sections of the Website.

“User“: refers to any natural person accessing the Website, whether or not they subscribe to the Services.

“Video“: Any video offered by the Service Provider via its VOD Service made available via the Website.

 “VOD“: Video On Demand. Provision by the Service Provider of one or more Videos by streaming, via the User Space on the Website, for temporary viewing under the conditions set out in these General Terms and Conditions of Sale. 

ARTICLE 1 – Scope of application

These General Terms and Conditions of Sale govern the contractual relationship between Customers and the Service Provider in relation to the Services offered on the Website.

The main characteristics of the Services are presented on the Web Site. The Customer must familiarise himself/herself with them before placing an Order. The Customer is solely responsible for choosing and subscribing to the Services.

In the absence of proof to the contrary, the data recorded in the Service Provider’s computer system constitutes proof of all transactions concluded with the Customer.

In accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to access, rectify and object to all his personal data at any time by writing, by post and providing proof of his identity, to Kookie Learning SARL – 38 rue de la Rotonde – 13001 Marseille (France).

These General Terms and Conditions are available on the Web Site at all times. The Customer declares that he/she has read them and accepts them by ticking the box before completing the online Order procedure.

Validation of the Order by the Customer implies unreserved acceptance of these General Terms and Conditions of Sale.

The Customer acknowledges having the capacity required to contract and subscribe to the Services offered by the Service Provider on the Web Site.

As these General Terms and Conditions of Sale may be amended at a later date, the version applicable to the contractual relationship as part of the subscription to the Service is that in force on the website on the date the Order is validated.

ARTICLE 2 – Prerequisites for access to the Services

Article 2.1 – Creating a User Account on SchoolMaker

At the time of purchase, customers are directed to a third-party online ticketing service (such as www.billetweb.fr), which enables them to make their payment securely. As soon as the purchase has been confirmed, a user account is automatically created in the customer’s name with the third-party service “SchoolMaker”, enabling them to access the service.

Article 2.2 – Technical configuration

VOD Services are accessible subject to the following technical configuration:

  • Processor: 1.5 GHz or equivalent minimum;
  • Minimum resolution: 1024×768 ;
  • Internet connection: ADSL broadband or equivalent 4G mobile service;
  • Internet downstream speed: 2Mbps ;
  • Web browser: Microsoft Internet Explorer, Safari, Firefox or Google Chrome, which must be updated to the latest official version;
  • Operating systems: Desktop Mac (OS X 10.6) or PC (Windows 10, 8, 7, XP, Vista) – Tablet or smartphone

The Customer declares that it has the technical configuration as defined in article 2.2 of these General Terms and Conditions of Sale.

The Service Provider shall not be liable to Customers or third parties for any lack of compatibility of its Services with a technical configuration other than that stipulated in this clause.

Article 2.3 – Acceptance of restrictions linked to the medical nature of Videos

One of the Service Provider’s objectives is to enable the consultation of medical and paramedical information in all the specialties of manual medicine, by qualified health professionals, patients and the general public, and in particular, without this list being exhaustive, in the following specialties: osteopathy, chiropractic, physiotherapy, medicine.

The Videos offered as part of the Services comply with the ethical principles defined for medical information and health-related services, particularly those offered on the Internet.

The Videos available do not constitute either directly or indirectly a medical consultation. Under no circumstances are they a substitute for a consultation, a visit or a diagnosis by a doctor, nor can they be interpreted as promoting medical techniques.

Only a healthcare professional qualified in his or her field of expertise, in the country where he or she practices, is authorised to evaluate the information available in the Videos and to judge how, if necessary, to apply said information in practice, under his or her sole responsibility.

Customers who do not have the necessary medical qualifications for the medical practice concerned undertake not to use the information available on the Videos to formulate a diagnosis, determine a treatment or take and/or stop taking medication without first consulting a doctor.

The Customer acknowledges that the information made available is neither complete nor exhaustive, that it is given in relation to specific cases that cannot be generalised, and that it does not cover all the different symptoms, medicines and treatments appropriate to the various pathologies and ailments.

The Service Provider is not liable to the Customer or third parties for the application of medical information contained in the Videos.

ARTICLE 3 – Orders

The Customer accesses the Services on the SchoolMaker Third Party Service (at the address www.kookielearning.schoolmaker.co, which may vary depending on subsequent updates to the third party service) via his/her user account using a login and password that the Customer will have created when logging on for the first time. 

Orders are placed exclusively on the Internet via a Third Party Ticketing Service.

The Customer is informed of the current price when they consult the description of each Video before validating their order.

Access to the service remains available as long as the provider continues to operate.

Before confirming the order, the Customer has the opportunity to check the details of the order and its total price and to correct any errors (article 1127-2 of the French Civil Code).

This validation implies acceptance of these General Terms and Conditions of Sale in their entirety and constitutes proof of the Service contract.

It is therefore the Customer’s responsibility to check the accuracy of the order and to report any errors immediately.

By validating their Order, Customers acknowledge that they have checked that their technical configuration complies with article 2.2 and that they have therefore entered into a contract with full knowledge of the facts. 

Any VOD Video Order, offered by the Service Provider and placed via the Third Party Ticketing Service, constitutes the formation of a contract for the provision of a service concluded remotely between the Customer and the Service Provider.

This contract for the provision of services shall only be deemed final once the Supplier has sent the Customer confirmation of acceptance of the Order by e-mail and once the Supplier has received payment in full.

The Service Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous Order.

Any definitive Order enables the Customer to view the Videos ordered for as long as they are available, in accordance with the conditions displayed at the time of the Order and set out in these GTC.

ARTICLE 4 – Prices

The Services offered are provided at the prices in force on the Web Site when the Order is placed. Prices are expressed in euros, exclusive of tax and inclusive of all taxes.

Prices take account of any discounts granted by the Service Provider under the conditions specified on the Website. 

These prices are firm and non-revisable during their period of validity, as indicated on the Website, the Service Provider reserving the right, outside this period of validity, to modify the prices at any time.

The payment requested from the Customer corresponds to the total amount of the service provided, including these costs.

An invoice is drawn up by the Third Party Ticketing Service and sent to the Customer electronically as soon as the purchase is confirmed.

ARTICLE 5 – Terms of payment

Payments made by the Customer will only be considered final once the amounts due to the Service Provider have been received.

The Service Provider shall not be obliged to provide the Services ordered by the Customer unless the price has first been paid in full in accordance with the conditions set out below.

The price is payable in cash, in full on the day the Order is placed by the Customer or in instalments depending on the possibilities offered by the third-party Ticketing service, and in accordance with the terms and conditions specified in article 2 hereof, by secure payment using the online payment services accessible at the time the order is placed.

Payment data is exchanged in encrypted and secure mode.

ARTICLE 6 – Provision of VOD Services

Any Video that has been the subject of an Order as part of the Services, which has become definitive under the terms of article 3 of these GTS, is available on the Customer’s User Space from the Third Party Service responsible for making the videos available, during the period of availability validated in the Order.

Videos ordered as part of VOD Services can only be viewed in streaming mode via the web browser used by the Customer.

Viewing the Video ordered therefore systematically requires a connection to the Internet, in accordance with the technical configurations described in article 2 of these GTC.

The Customer accepts that it is formally forbidden to :

  • store, copy or record the Video ; 
  • to share the content of its User Space and in particular the Videos ordered on VOD with third parties;
  • simultaneous viewing from several different IP addresses for the same User Account;
  • misuse the Third Party Service that makes the Videos available.

The Service Provider reserves the right to suspend access to the Videos without notice if abnormal use such as that described above is observed.

ARTICLE 7 – Waiver of the consumer’s right of withdrawal

Pursuant to Article L.121-21-8 13° of the French Consumer Code, and due to the nature of the Service, i.e. the provision of digital content not supplied on a tangible medium, the Customer may not exercise his 14-day right of withdrawal if he has expressly asked the Taker to view the Video (or one of the episodes in the case of a Series Pack) and has expressly waived his right of withdrawal prior to validating the viewing of the Video.

The contract is therefore definitively concluded as soon as the Customer places the Order in accordance with the terms and conditions set out in these General Terms and Conditions of Sale.

ARTICLE 8

The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Customer against any lack of conformity or latent defect resulting from a design or production fault in the Services ordered under the terms and conditions defined in these General Terms and Conditions of Sale.

In order to assert its rights, the Customer must inform the Service Provider, in writing, of the existence of any defects or lack of conformity within a maximum period of 14 days from the provision of the Services.

The Service Provider will refund or rectify the services found to be defective as soon as possible and no later than 30 days following the Service Provider’s discovery of the defect or fault. The refund will be made by crediting the Customer’s bank account or by Paypal, depending on the payment method chosen by the Customer when placing the Order.

The Service Provider’s guarantee is limited to the reimbursement of the Services actually paid for by the Customer and the Service Provider shall not be held liable or in default for any delay or non-performance resulting from the occurrence of a case of force majeure as usually recognised by French case law, or due to the Customer, and in particular where the Customer has not used the Services in accordance with these General Terms and Conditions of Sale.

The Services provided via the Website comply with the regulations in force in France. The Service Provider may not be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for choosing the Services requested, to check.

ARTICLE 9 – Data protection

Pursuant to Act 78-17 of 6 January 1978, the Customer is reminded that the personal data requested from him/her is necessary for the processing of his/her Order and, in particular, for the preparation of invoices.

This data may be communicated to any of the Service Provider’s partners responsible for carrying out, processing, managing and paying for Orders.

The processing of information communicated via the Website has been declared to the CNIL.

In accordance with the national and European regulations in force, the Customer has a permanent right of access, modification, rectification and opposition with regard to information concerning him or her.

This right may be exercised under the terms and conditions set out on the Website and in article 1er of these GTCS.

ARTICLE 10 – Intellectual property

The Videos offered as part of the Services on the Website are the property of the Service Provider and are protected by French and international intellectual property laws.

In this respect and in accordance with the provisions of the French Intellectual Property Code, only private and free representations of Videos ordered as part of VOD Services exclusively within the family circle are authorised.

Any illicit use of the Videos by the User violates the rights of others and exposes the User to civil and criminal penalties, including possible financial damages, in particular on the basis of copyright infringement.

ARTICLE 11

These General Terms and Conditions of Sale expressly exclude the legal regime of unforeseeability provided for in Article 1195 of the French Civil Code for all Services provided by the Service Provider to the Customer. The Service Provider and the Customer therefore each waive their right to rely on the provisions of Article 1195 of the French Civil Code and the unforeseeable circumstances regime provided for therein, and undertake to fulfil their obligations even if the contractual balance is upset by circumstances that were unforeseeable when the sale was concluded, even if their performance proves excessively onerous, and to bear all the economic and financial consequences thereof.

ARTICLE 12 – Enforcement in kind

In the event of a breach by either Party of its obligations, the Party suffering the breach shall have the right to request the compulsory performance in kind of the obligations arising hereunder.

In accordance with the provisions of article 1221 of the Civil Code, the creditor of the obligation may pursue compulsory performance after a simple formal notice, sent to the debtor of the obligation by

As an express derogation from the provisions of article 1222 of the Civil Code, in the event of either Party failing to fulfil its obligations, the Party suffering the default may not itself have the obligation performed by a third party at the expense of the defaulting Party. The creditor of the obligation may, however, request in court that the defaulting Party advance the sums necessary for such performance.

In the event of non-performance of any of the obligations incumbent on the other Party, the Party that is the victim of the default may request that the contract be terminated in accordance with the terms and conditions set out in article 15 of these GCS.

ARTICLE 13 – Non-performance

In application of article 1219 of the French Civil Code, each Party may refuse to perform its obligation, even if it is due, if the other Party does not perform its obligation and if this non-performance is sufficiently serious, i.e. likely to jeopardise the continuation of the contract or fundamentally upset its economic equilibrium. The suspension of performance will take effect immediately, on receipt by the defaulting Party of the notification of default sent to it to this effect by the Party that has suffered the default, indicating the intention to apply the exception of non-performance for as long as the defaulting Party has not remedied the default observed, served by registered letter with acknowledgement of receipt or on any other durable written medium that provides proof of posting.

This defence of non-performance may also be used as a preventive measure, in accordance with the provisions of article 1220 of the French Civil Code, if it is clear that one of the Parties will not perform its obligations on the due date and that the consequences of this non-performance are sufficiently serious for the Party that is the victim of the default.

This option is used at the risk and peril of the Party taking the initiative.

The suspension of performance will take effect immediately, upon receipt by the Party presumed to be in default of the notification of the intention to apply the preventive non-performance exception until such time as the Party presumed to be in default performs the obligation in respect of which a future breach is manifest, served by registered letter with acknowledgement of receipt or on any other durable written medium that provides proof of posting.

ARTICLE 14 – Force majeure

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations as described herein is due to force majeure as defined in article 1218 of the French Civil Code.

Termination by operation of law for reasons of force majeure may only take place, notwithstanding the clause Termination for failure by a party to fulfil its obligations set out below, 14 days after receipt of formal notice served by registered letter with acknowledgement of receipt or by any extrajudicial act.

However, this formal notice must state the intention to apply this clause.

ARTICLE 15 – Termination of the contract

In the event of non-compliance by either of the parties with the essential obligations of the VOD Service contract, as set out in the articles of these GTC, the contract may be terminated at the discretion of the aggrieved party.

It is expressly understood that this termination for failure by a party to fulfil its obligations will take place ipso jure 15 days after receipt of a formal notice to perform, which has remained, in whole or in part, without effect. The formal notice may be served by registered letter with acknowledgement of receipt or by any extrajudicial act.

This formal notice must state the intention to apply this clause.

It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of this agreement shall be validly put in default by the mere fact that the obligation is payable, in accordance with the provisions of article 1344 of the French Civil Code.

In any event, the injured Party may apply to the courts for damages.

ARTICLE 16 – Applicable law – Language

These General Terms and Conditions of Sale and any transactions arising from them are governed by and subject to French law.

These General Terms and Conditions of Sale are written in French. If they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 17 – Disputes

All disputes to which the contracts concluded in application of these General Terms and Conditions of Sale may give rise, concerning their validity, interpretation, performance, termination, consequences and consequences, and which cannot be resolved between the seller and the customer, shall be submitted to the competent courts under the conditions of common law.

The non-professional Customer is informed that he/she may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Consumer Mediation Commission) in application of article L 612-1 of the Code de la consommation (Consumer Code), or with the existing sectoral mediation bodies, the references of which appear on the website and in these General Terms and Conditions of Sale, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

As of the date hereof, the existing mediation body in the adult education sector other than public education is: the Association Médiation NET accessible at the following URL: http://www.mediation-net-consommation.com/

ARTICLE 18 – Pre-contractual information – Customer acceptance

Under the terms of Article L 215 -1 of the French Consumer Code, reproduced literally:

“For service contracts concluded for a fixed term with a tacit renewal clause, the trader providing the service shall inform the consumer in writing, by letter or dedicated e-mail, no earlier than three months and no later than one month before the end of the period authorising rejection of renewal, of the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information, provided in clear and comprehensible terms, shall mention, in a visible box, the deadline for non-renewal.

Where this information has not been sent to the consumer in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time after the renewal date.

Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial fixed-term contract, shall in this case be reimbursed within thirty days of the date of cancellation, after deduction of the sums corresponding, up to that date, to the performance of the contract. The provisions of this article apply without prejudice to those which make certain contracts subject by law to special rules regarding consumer information.

In accordance with article L215-2 of the same code, “The provisions of this chapter do not apply to operators of drinking water and wastewater services”.

In addition, under Article L215-3 of the Consumer Code: “the provisions of this chapter also apply to contracts concluded between professionals and non-professionals”.

Article L241-3 of the French Consumer Code states: “When the professional has not reimbursed the sums due under the conditions set out in article L. 215-1, the sums due shall bear interest at the legal rate”.

Prior to placing an Order and entering into a contract, the Customer acknowledges having been provided, in a legible and comprehensible manner, with these General Terms and Conditions of Sale and with all the information listed in article L. 221-5 of the French Consumer Code, in particular the following information:

  • the essential characteristics of the Services, taking into account the communication medium used and the Service concerned
  • the price of Services and ancillary costs (e.g. delivery);
  • in the absence of immediate performance of the contract, the date or deadline by which the Service Provider undertakes to provide the Services ordered;
  • information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if this is not apparent from the context,
  • Information on legal and contractual warranties and how to make use of them;
  • the functionality of the digital content and, where appropriate, its interoperability ;
  • the possibility of resorting to conventional mediation in the event of a dispute ;
  • information on the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form), cancellation procedures and other important contractual conditions.
  • the payment methods accepted.

The fact that an individual or legal entity places an order on the Web Site implies full and unreserved acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Services ordered, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document that would be unenforceable against the Service Provider.

APPENDIX I – Withdrawal form 

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the www.kookielearning.com website, unless the applicable General Terms and Conditions of Sale exclude or limit the exercise of the right of withdrawal.

For the attention of Kookie Learning, 38 rue de la Rotonde, 13001 Marseille (France)

I hereby notify you of my withdrawal from the contract for the provision of the following services:

  • Order placed on …………………………………………………..
  • Order number: …………………………………………………..
  • Customer name: …………………………………………………………………
  • Customer address: ……………………………………………………………..

If sent by post: add a Customer Signature (only if this form is sent on paper)