Description of the seller – Information
This website, www.the-artist-academy.fr is published by the company THE ARTIST ACADEMY (hereafter “the Site”), SAS with 30,000 € in capital, whose company headquarters are located at 4 rue de Rome, 75008 Paris, France, registered in the Paris register of commerce under the number 838 153 443.
General provisions regarding the present terms and condition of sale (hereafter the “T&C”)
Purpose of the T&C
The T&C exclusively apply to online sales of the services of THE ARTIST ACADEMY on the Site. The free content can be viewed by Internet users for strictly personal use, while the content and services of THE ARTIST ACADEMY can be viewed in exchange for paying a fee.
Scope of the T&C
The T&C exclusively govern contracts for the online sale of THE ARTIST ACADEMY’s contents and services to purchasers who constitute consumers (“Client”), and together with online orders form the contractual documents that are enforceable for the parties, to the exclusion of all other documents, brochures, catalogs, or photographs of products that are only for indicative purposes.
The T&C and all contractual information referred to in this website were originally written in French.
Availability and Enforceability of the T&C
The T&C are made available to the Clients on the website of THE ARTIST ACADEMY, where they can be directly viewed, and they can also be transmitted to the client upon request by email or post.
The T&C are binding on the client, who, upon ticking a box provided for this purpose, confirms that they have read and accepted them before proceeding with the order.
Confirming the order implies the purchaser’s acceptance of the T&C In effect on the day of the order, whose conservation and reproduction are guaranteed by the professional seller in accordance with article 1127-2 of the French Civil Code (formerly C. civ., art. 1369-4).
Modifications to the T&C
THE ARTIST ACADEMY reserves the right to modify the T&C at any time.
If the T&C are modified, the applicable T&C are those that were in force on the date of the order, a copy of which, dated to that day, can be sent to Client upon request.
Clauses of the T&C
The invalidity of a contractual clause does not render the T&C invalid, unless the invalid clause is a compelling and decisive clause that would lead one of the parties to conclude the sales contract.
The temporary or permanent non-application of the T&C by THE ARTIST ACADEMY does not imply its waiver of clauses of the T&C which continue to be in effect.
Products and services
Characteristics of the different offers
Digital Offer: the Client has access to classes hosted by a famous artist (or professional), presented under the form of video lessons recorded with the artist lasting around 3 to 6 hours, divided into chapters with a total of around 20 lessons, and made available online (“digital classes”)
Interactive Digital Offer: The Client has access to digital content as described above (the digital classes) as well as the following interactive offer: around two to four online meetings ( depending on the online offer subscribed to and defined on the Site), in the form of conversations with the artist, broadcast directly on the learning platform (and/or any other similar social network), lasting around 45 minutes per lesson (“interactive classes”).
Ultimate Experience Offer: the Interactive Digital Offer (including the “digital classes” and the “interactive digital classes”) is completed with the following offer: a meeting with the artist as part of an event defined as part of the subscribed online offer and described on the Site.
Pursuant to article L 111–1 French Consumer Code, THE ARTIST ACADEMY invites web users to consult, on the Site, the details of the products and services, the prices, and the dates of delivery and events, which may vary depending on the artist leading the classes.
The applicable offers are those displayed on the Site on the day that the order is registered; THE ARTIST ACADEMY reserves the right to modify them at any time.
The products and services comply with the provisions of the applicable French legal requirements regarding human health and safety, fairness of commercial transactions, and the protection of Clients at the time that these products and services are placed on the market.
The offers are subject to limits of available stocks. The applicable offers are those displayed on the Site on the day that the order is registered; THE ARTIST ACADEMY reserves the right to modify them at any time.
The sales prices, in accordance with article L 112-1 of the French Consumer Code, are indicated, for each of the offers displayed on the Site, in Euros, all taxes and contributions to processing costs included.
All orders, regardless of their origin, are payable in Euros.
The total sum owed by the Client is indicated on the confirmation page.
The sale price for the offer is the price in effect upon the day of the order.
In case of promotional prices, THE ARTIST ACADEMY agrees to apply the promotional prices to any order placed during the publicity period for this promotion.
THE ARTIST ACADEMY reserves the rights to modify its prices at any time, while guaranteeing to the Client that the price in effect on the date of the order will be applied.
The cost of using the remote communication technology used by the Client to place an order, consult the Site, and view the digital content is exclusively the responsibility of the Client.
The online sales offers presented on the site are valid, unless a particular duration is otherwise indicated, for as long as the products are displayed on the Site and within the limits of available stocks.
The Client’s acceptance of the offer is verified, in accordance with the double-click procedure, by the confirmation of the order.
Transferability of the contract – gift
The Client may not cede or transfer the rights granted through the application of these T&C except with prior written agreement from THE ARTIST ACADEMY.
It is possible however to offer these offers to a third party. To do so, the Client must choose the offer they intend to offer as a gift, and enter the contact information for the intended recipient, as well as the date upon which the Client wishes for that person to receive the offer by email. The person to whom the offer is offered will receive an email on the chosen date, indicating that this gift comes from the person who placed the order, and providing the activation codes for access to the “customer” space. Everything is explained in the email. At the same time, a confirmation e-mail is sent to the person who placed the order.
Steps for concluding the contract
To place the order, the Client, after filling the virtual shopping cart by indicating the selected offer(s), then clicks on the “Order” button, and provides shipping and payment information.
Before clicking on the “Confirm order” button, the Client may verify the details of the order and the total price, and navigate to the previous pages to correct any potential errors and potentially modify the order.
The confirmation of the order entails the acceptance of the T&C and forms the contract.
THE ARTIST ACADEMY sends an email as soon as possible confirming that the order has been received and paid.
Modifying the order
After confirming the order, any modifications to this order by the Client is subject to THE ARTIST ACADEMY’s approval.
The sales contract is formed at the moment the Client sends confirmation of their order.
Archiving and proof
The archiving of communications, purchase orders, and invoices is carried out on a reliable and durable medium in order to constitute an accurate and durable copy in accordance with article 1360 of the French Civil Code. These communications, purchase orders, and invoices may be used as proof the contract.
The price is payable in full after the order is confirmed.
The payment is made immediately upon ordering via bank card or through the payment solution PayPal.
The Site uses a secure payment system for secured remote card transaction, which notably relies on the use of SSL encryption and Internet data transfer technology.
Failure to pay
The contract only takes effect once the stated price is paid.
Regarding its different offers, THE ARTIST ACADEMY agrees to provide the Client, through the Site, the Digital Classes in digital form, made accessible in the “customer” space. The Client receives access to the Site as well as to the Digital Classes they purchased, which may be viewed as many times as the Client likes, for a period of 6 (six) months from the time the contents are first accessed (first viewing). In any case, the content must be viewed within 18 (eighteen) months at the latest from the payment of the order. It is specified that the Client receives the access codes for accessing the Classes as soon as the order is paid.
Regarding the Interactive Digital offer and the Ultimate Experience, offer the Client chooses a session upon ordering. The online interactive classes begin on the date of the chosen session as indicated on the Site, and as is stated again upon ordering. The Client receives their access code and the information about the session via email a few days before the session begins. Online interactive classes may be viewed live at the date and times indicated. A recorded version of the interactive classes may also be viewed for 6 (six) months from the live session on the Site, by entering the “customer” space.
Regarding the Ultimate Experience offer, THE ARTIST ACADEMY informs the Client by email of the date and time of the event with the Artist several weeks before the event, and the Client receives an official and personal invitation which must be presented along with an identity card to access the event.
Access to the Site and viewing the classes
The Site is accessible 24 hours a day, seven days a week, worldwide, on the Site and on compatible mobile devices (smart phones and touchscreen tablets), with a subscription to the offer allowing access.
However, THE ARTIST ACADEMY reserves the right to interrupt access to the content without advance notice, notably:
In order to perform technical interventions or maintenance operations,
In case of usage of the Site in any way contrary to the present conditions.
The Client is responsible for obtaining the digital and telecommunications means required for accessing and viewing content described above.
The Client is solely responsible for any information they share on the Site. It follows that THE ARTIST ACADEMY cannot be held responsible for the consequences of any potential errors relating to the transmission of erroneous information.
Upon placing their order, the Client may be prompted to choose personal and confidential access codes, which serve to identify them and allow them access to their account, notably in order to manage their profile, orders, and access to the content ordered. The Client expressly agrees to keep this identification code confidential, and to take the necessary measures to prevent any third party, in any capacity, from accessing their access code and/or their password and therefore illicitly accessing the Client’s profile. The Client expressly agrees to immediately notify THE ARTIST ACADEMY in cases of theft, loss, or illicit use of the access code and/or the password.
Liability and force majeure
In any case in which THE ARTIST ACADEMY should be found liable under the terms of this contract, this liability will then be limited only to direct material damages, and will not extend to any indirect and/or nonmaterial damages, in particular any loss of business revenue, benefits, profit, business, recognition, reputation, or actions against a third party, commercial and/or economic prejudice, or other losses of revenue. In all events, the Client and THE ARTIST ACADEMY expressly agree that the total liability will not exceed the amount paid by the Client for the order in question.
THE ARTIST ACADEMY will not be held liable for any total or partial breach of this agreement due to a case of force majeure, notably including, but not limited to, wars, internal or external labor strikes, riots, storms, earthquakes, floods, fires, technical failures, as well as any fortuitous events.
THE ARTIST ACADEMY, which is responsible for processing your personal data, processes your personal data for the purposes of managing the contract and access to the content. This data processing is based on the present contract. Without it, you cannot receive access to the content. Your data will be stored for the length of time required for the processing purposes, namely the execution of this contract, and for the length of time stipulated by the applicable regulations.
If you do not wish to receive emails, SMS, or MMS from THE ARTIST ACADEMY offering similar/analogous goods or services, you may indicate this preference during your order by ticking the box for this purpose, as well as within the emails, SMS, or MMS you receive.
In accordance with current regulations, you have the right to access, query, correct, and delete your personal data. You can request that your personal data be sent to you. You can also request that the processing of your personal data be restricted or ceased, and/or file a claim to the CNIL (French national agency regulating data protection). Please send your requests to the following email address: email@example.com
Cancellation and refund
Pursuant to article L 221-28 of the French Consumer Code, the client is informed of the fact that the right of cancellation may only be exercised for certain contracts. Article L 221-28 of the French Consumer Code states:
“The right of cancellation may not be exercised for:
- Contracts for the provision of services which are fully executed before the end of the cancellation period and whose execution began after express prior agreement from the consumer, and the express waiver of their right of cancellation;
- Contracts for the provision of goods or services whose price depends on fluctuations of the financial market which are beyond the control of the professional and are likely to occur during the cancellation period;
- Contracts for the provision of goods created to the consumer’s specifications or which are clearly personalized;
- Contracts for the provision of goods that are likely to rapidly deteriorate or expire;
- Contracts for the provision of goods which were opened by the consumer after delivery, and which cannot be sent back for reasons of hygiene or health protection.
- Contracts with the provision of goods which, after being delivered and due to their nature, are inextricably mixed with other articles.
- Contracts for the provision of alcoholic drinks whose delivery is delayed for more than 30 days and for which the agreed value upon conclusion of the contract depends on fluctuations of the market beyond the professional’s control’
- Maintenance or repair contracts to be performed urgently at the consumer’s domicile and expressly solicited by the consumer, limited to the spare parts and work that is strictly necessary to respond to the emergency;
- Contracts for the provision of audio or video recordings or digital software that has been opened by the consumer after delivery;
- Contracts for the provision of a newspaper, periodical, or magazine, except for contracts for subscriptions to these publications;
- Contracts concluded during a public auction;
- Contracts for services of accommodations, other than residential accommodations, for the transportation of goods, car rentals, food service, or leisure activities that must be provided at a specified date or period.
- Contracts for the provision of digital content that is not provided on a material device, whose execution began after express prior agreement from the consumer, and the express waiver of their right of cancellation. ”
In accordance with article L 121-21-8 of the French Consumer Code, the non-interactive, interactive, and Ultimate Experience digital offers are not subject to the right of cancellation.
The Ultimate Experience offer may not be refunded even in cases of loss or theft of the invitation to access the event with the artist. Should the event with the artist be canceled, THE ARTIST ACADEMY will refund the Client the difference between the price of Ultimate Experience offer and that of the Interactive offer.
Regarding the Interactive Digital offer and the Ultimate Experience offer, should the start of the digital broadcast of the class be delayed by more than one month from the date announced on the Site and restated in the order, the Client may receive a refund upon request by sending an email to firstname.lastname@example.org.
THE ARTIST ACADEMY will issue the refunds mentioned above within three months using the same payment method as the Client used for the initial transaction.
The elements displayed on the Site and the classes are the exclusive property of THE ARTIST ACADEMY and are protected by copyright and trademark laws.
Any reproduction or distribution of these elements without prior written agreement from THE ARTIST ACADEMY shall render the perpetrators liable to legal action.
Applicable laws, mediation, and competent jurisdiction.
The T&C are governed by French law. The interpretation and execution of the present terms and conditions fall under the authority of the jurisdictions as provided for by law.
In case of any claims or litigation, the Client must first contact THE ARTIST ACADEMY’s customer service:
By email: click here
By telephone: +33 1 88 32 13 65
By mail at: 4 rue de Rome, 75008 Paris
Conventional mediation and alternatives dispute resolution
Should Customer Service not be able to resolve the dispute, or if Customer Service does not respond within two months, the Client has the right to request conventional mediation from Charline BASCONÈS, mediator for THE ARTIST ACADEMY :
Through her website, where a form is available: www.eponymeandco.fr
Through email: email@example.com
The mediator will attempt, independently and impartially, to lead the parties to an amicable solution. The contracting parties remain free to accept or refuse mediation, and if they do pursue mediation, to accept or refuse the solution proposed by the mediator.