- Seller information
The www.the-artist-academy.fr website is published by THE ARTIST ACADEMY (hereinafter “the Site”), a simplified joint-stock company with share capital of €41,993 and a registered office at 4 rue de Rome, 75008 Paris, France, registered with the Paris Trade and Companies Register under number 838 153 443.
- General provisions relating to these general terms and conditions of sale (hereinafter the “GTCS”)
Purpose of the GTCS:
The GTCS apply exclusively to the online sale of THE ARTIST ACADEMY’s services on the Site. The Site content can be viewed by Internet users for strictly personal use for free content, and in return for payment for the paid content and services offered by THE ARTIST ACADEMY.
Scope of application of the GTCS:
The GTCS exclusively govern the contracts for the online sale of THE ARTIST ACADEMY’s contents and services to buyers in their capacity as consumers (“Clients”) and constitute, together with the online order, the contractual documents that bind the parties, to the exclusion of all other documents, prospectuses, catalogues or photographs of the products, which are indicative only.
The GTCS are originally written in French, as is all the contractual information mentioned on the site.
Availability and enforceability of the GTCS:
The GTCS are made available to Clients on THE ARTIST ACADEMY’s website where they can be consulted direct or shared on request by email or post.
The GTCS are binding for the Client, who acknowledges, by ticking a box provided for this purpose, that he or she is aware of them and has accepted them before placing the order.
The validation of the order through its confirmation is deemed to represent the purchaser’s approval of the GTCS in force on the day of the order whose conservation and reproduction are ensured by the professional trader in accordance with article 1127-2 of the French Civil Code (old Civ. C., Art. 1369-4).
Changes to the GTCS:
THE ARTIST ACADEMY reserves the right to modify its GTCS at any time.
In the event of a change to the GTCS, the applicable GTCS are those in force on the date of the order, a copy of which, for that date, can be given to the Client on request.
The nullity of a contractual clause does not entail the nullity of the GTCS, unless an impulsive and decisive clause is involved which led one of the parties to conclude the contract of sale.
The temporary or permanent non-application of one or more clauses in the GTCS by THE ARTIST ACADEMY does not constitute a renunciation on its part of the other GTCS clauses, which continue to apply.
- Products and services
Features of the different offerings:
Emotion Package: the Client has access to classes led by a famous artist (or professional) in the form of video lessons filmed with the artist lasting approximately 2 to 5 hours and divided into approximately 15 sections, accessible online (“digital classes”) for a period of 12 months.
Premium/VIP Package: the Emotion Package (comprising digital classes) is enhanced by a meeting with the artist in the context of an event and/or participation in a competition. The Premium/VIP Package is specific to each Artist and explained on the Website.
Multi-Artist Pass Package: when selecting an artist and choosing the Emotion offering, the Client is given the option of choosing the Multi-Artist Pass Package for an additional fee. The Client then has access to all the digital classes as described above (Emotion Package), both current and future, for a period of one year, renewable by tacit agreement.
Pursuant to Article L 111-1 of the French Consumer Code, THE ARTIST ACADEMY invites internet users to check, on the Site, details of products and services, prices and delivery and event dates, which vary depending on the artists providing the classes.
The offerings available are those displayed on the Site on the day the order is recorded. THE ARTIST ACADEMY reserves the right to modify these at any time.
Products and services comply with the requirements of current French law relating to the health and safety of people, the fairness of commercial trading and the protection of Clients at the time the former are put on the market.
Offerings are subject to availability. The offerings available are those displayed on the Site on the day the order is recorded. THE ARTIST ACADEMY reserves the right to modify these at any time.
In accordance with Article L 112-1 of the French Consumer Code, sale prices are given in euros for each of the offerings on the Site, including all taxes and processing fees.
All orders, wherever they are placed, must be paid for in euros.
The total amount due from the Client is stated on the order confirmation page.
An offering’s sale price is the one in effect on the day the order is placed.
In the event of a price promotion, THE ARTIST ACADEMY undertakes to apply the promotional price to any order placed during the period of promotion advertisement.
THE ARTIST ACADEMY reserves the right to modify its prices at any time, while guaranteeing the Client the price in effect on the day their order is validated.
By subscribing to the Multi-Artist Pass Package, the Client agrees to the automatic storage of his or her bank card details to ensure the tacit renewal service can be managed. On each anniversary date, i.e. one year after subscription to the Multi-Artist Pass Package, and if the Client has not terminated the service before the termination deadline, the service amount will be automatically debited from the credit card details that the Client has shared with THE ARTIST ACADEMY for the renewal of his or her subscription when subscribing to the Multi-Artist Pass Package.
The deadline for cancellation will be communicated to the Client by email in accordance with Article L 215-1 of the French Consumer Code. The Client can check the cancellation deadline at any time in his or her Account.
In the event that the bank details provided at the time of subscription to the Multi-Artist Pass Package are out-of-date, and in the absence of other card details, THE ARTIST ACADEMY reserves the right to no longer allow the Client to access the services offered from the date on which the renewal should have taken place.
The cost of using the remote communications method used by the Client to validate an order, consult the Site and view the contents in digital form remain the exclusive responsibility of the Client.
Any travel costs (transport, accommodation, meals) that participation in the Premium/VIP Packages may involve (such as Meeting the Artist or any other related event) remain the sole responsibility of the Client.
The online sales offerings presented on the site are valid, in the absence of any indication of a particular duration, for as long as the products appear on the Site and within the limits of available stock.
Acceptance of the offering by the Client is validated, in accordance with the dual-click procedure, by the order confirmation.
Contract transferability – gifts:
The Client may not assign or transfer the rights he or she holds under these GTCS unless he or she obtains the prior written consent of THE ARTIST ACADEMY.
However, it is possible to gift offerings to a third party. To do this, the Client should select the offering that he or she wishes to gift and enter the contact details of the person to whom he or she wishes to gift it, as well as the date on which the Client would like the person to receive the gift by email. The person to whom the gift is given will receive an email on the chosen date specifying that this gift comes from the person who placed the order and giving him or her his or her activation codes to log into his or her “Client” area. Everything is explained in the email. A confirmation email is sent at the same time to the person who placed the order.
Steps to conclude the contract
To place an order, the Client, having added the selected offerings to his or her virtual basket, then clicks on the “Buy” button and provides information relating to delivery and payment method.
Before clicking on the “Pay by Card or PayPal” button, the Client has the opportunity to check the details of his or her order and its total price, and to return to the previous pages to correct any errors or modify his or her order.
Confirmation of the order implies acceptance of the GTCS and forms the contract.
An email acknowledging receipt of the order and payment is sent by THE ARTIST ACADEMY as soon as possible.
Editing an order
Any order modification made by the Client after confirming her or her order is subject to acceptance by THE ARTIST ACADEMY.
The contract of sale is formed at the time the Client sends confirmation of his or her order.
Archiving and proof:
The archiving of communications, purchase orders and invoices is carried out using a reliable and durable medium to constitute a faithful and durable copy in accordance with Article 1360 of the French Civil Code. These communications, purchase orders and invoices may be produced as proof of the contract.
The price is payable in full after confirmation of the order.
Payment is made immediately on ordering by card or via PayPal.
The Site is equipped with a system for securing remote payments by card, which uses SSL technology for encryption and data transfer over the internet network.
Failure to pay:
The contract shall only take effect when the agreed price has been paid.
As part of its various offerings, THE ARTIST ACADEMY undertakes to make available to the Client the Digital Classes accessible in the “client” area of the Site. The Client then has access to the Site as well as to the Digital Classes, which can be viewed as many times as the Client wishes, for a period of 1 (one) year from the order date. It is specified that the Client has access codes allowing him or her to access the Classes as soon as he or she has paid for the order, these access codes comprising an email address and the password chosen when he or she created his or her account.
With the Premium/VIP Package, the Client chooses a session at the time of his or her order and according to the date of the meeting with the Artist. THE ARTIST ACADEMY informs the Client by email of the date and time of the event with the Artist several weeks before it takes place, and the Client receives an official and personal invitation that he or she must present with proof of identity to access the event.
Access to the Site and viewing of digital classes :
The Site is accessible 24 hours a day, 7 days a week worldwide, on the Site and on compatible mobile devices (smartphones and tablets), provided that an offering allowing access has been subscribed to.
THE ARTIST ACADEMY does however reserve the right to interrupt access to the content without notice, in particular:
- In order to carry out a technical intervention or any maintenance operation,
- If the Site is used in a manner contrary to these terms and conditions.
It is the Client’s responsibility to set up computer and telecommunications means allowing for access to and reading of the contents described above.
The Client is solely responsible for the information that he or she communicates on the Site. As a result, THE ARTIST ACADEMY cannot be held responsible for the consequences of a possible error related to the transmission of erroneous information.
When placing an order, the Client may be asked to choose personal and confidential access codes to identify him or her and to allow connection to his or her Account in order to manage his or her profile, orders and access to the content ordered. The Client expressly undertakes to keep his or her identification code confidential and to take the necessary measures to ensure that no third party, in any capacity whatsoever, has access to his or her access code and/or password and can thus illicitly access his or her profile. The Client expressly undertakes to inform THE ARTIST ACADEMY immediately in the event of theft, loss or illicit use of his or her access code and/or password.
The deadline for cancellation will be communicated to the Client in accordance with Article L 215-1 of the French Consumer Code by email. The Client can check the cancellation deadline at any time by logging into his or her Account.
Article L 215-1 of the French Consumer Code states:
“For service contracts concluded for a fixed period with a tacit renewal clause, the trader providing services shall inform the consumer in writing, by dedicated registered letter or email, no earlier than three months and no later than one month before the end of the renewal rejection period, of the possibility of not renewing the contract which he or she has concluded with a tacit renewal clause. This information, delivered in clear and understandable terms, mentions, in a visible box, the deadline for non-renewal.
Where this information has not been sent to them in accordance with the first paragraph, the consumer may terminate the contract free of charge at any time from the date of renewal.
Advances paid after the last date of renewal or, in the case of open-ended contracts, after the date of conversion from the initial fixed-term contract, shall be reimbursed within 30 days of the termination date, less any sums corresponding to the performance of the contract up to that date.
The provisions of this Article shall apply without prejudice to those that legally subject certain contracts to special rules on consumer information.“
Article 241-3 of the French Consumer Code states: “When the professional has not made repayment under the terms provided for in Article L 215-1, the sums due shall bear interest at the legal rate.“
Cancellation: If the Client does not wish to renew the Multi-Artist Pass Package, notification of refusal must be made before the cancellation deadline, of which he or she will be reminded in the notification email, from his/her Account by clicking on the button that deactivates Automatic Renewal or by contacting THE ARTIST ACADEMY direct by sending a letter by registered mail with acknowledgement of receipt, to 4 rue de Rome, 75008 Paris, France. The notification will be taken into account at the end of the ongoing period, provided that the subscription has been cancelled before the cancellation deadline as indicated above.
Termination thus takes effect at the end of the ongoing period and does not entail any refund of the Multi-Artist Pass Package cost. All sums paid for subscription to the Multi-Artist Pass Package will remain definitively acquired by THE ARTIST ACADEMY.
- Liability and force majeure
In the event that THE ARTIST ACADEMY is held liable for the performance of the contract, this liability would then be limited to direct material damage only, to the exclusion of any indirect and/or non-material damage and in particular any loss of turnover, benefits, profit, usage, reputation; action against a third party, commercial and/or economic prejudice and other loss of income. In any event, it is expressly agreed between the Client and THE ARTIST ACADEMY that the total liability of THE ARTIST ACADEMY will not exceed the amount paid by the Client for the order concerned.
THE ARTIST ACADEMY cannot be held responsible for any total or partial non-performance due to a case of force majeure, including but not limited to war, internal or external strikes, riots, storms, earthquakes, floods, fires, technical failures, as well as any acts of God.
- Personal data
THE ARTIST ACADEMY, as data controller, processes your data in order to manage the Client relationship (in particular orders, the use of the “Client” area, prospecting for similar products and/or services, fraud prevention management and billing management). This data processing is based on this contract. If you do not fill in the required information, you will not be given access to the content. The data recipients are the departments in charge of invoicing, communications, management and any subcontractors.
Your data is kept for the time necessary for the purpose of the processing, i.e. the execution of this contract, and for the duration linked to the applicable limitation rules. Your bank details are kept by a secure payment service provider. This service provider is solely responsible for the banking information that you provide.
If you do not wish to receive emails, texts or multimedia messages (MMS) from THE ARTIST ACADEMY offering you similar/comparable goods or services, you may indicate this when you order by ticking the box provided for this purpose and when you receive emails, texts or MMS.
In accordance with the regulations in force, you have the right to access, rectify and delete your data, and the right to request the limitation or to object to the processing and the right to the portability of the data under the conditions provided for in EU Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data. You may request that your personal data be disclosed and you have the right to decide what will happen to your personal data after your death. You also have the right not to be subject to a decision based exclusively on automated processing, including profiling. You can also request the limitation or portability of your data and/or file a complaint with CNIL (the French Data Protection Authority). Please send your requests to the email address “email@example.com” or by post to THE ARTIST ACADEMY, GDPR, 4 rue de Rome 75008 Paris, France.
- Cancellation and refunds
Pursuant to Article L 221-28 of the French Consumer Code, the Client is informed that the right of withdrawal cannot be exercised for certain contracts. Article L 221-28 of the French Consumer Code states:
“The right of withdrawal may not be exercised for contracts:
- Involving services fully performed before the end of the withdrawal period and where performance has begun after the consumer’s prior express agreement and express renunciation of his or her right of withdrawal;
- Where the price of the supply of goods or services depends on fluctuations in the financial market which are outside the trader’s control and which may occur during the withdrawal period;
- Where goods are made to the consumer’s specifications or clearly personalised;
- Where goods are likely to deteriorate or expire rapidly;
- Where goods have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
- Where goods, having been delivered and by their nature, are inseparably mixed with other items;
- Involving alcoholic beverages whose delivery is deferred for more than 30 days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the trader’s control;
- Involving maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by him or her, within the limit of the spare parts and work strictly necessary to meet the emergency;
- Involving audio or video recordings or computer software which has been unsealed by the consumer after delivery;
- Involving the supply of a newspaper, periodical or magazine, except for contracts for subscriptions to such publications;
- Concluded at a public auction;
- Involving supplies of accommodation services, other than residential accommodation, goods transportation services, car hire, restaurant services, or recreational activities that are to be provided on a specified date or during a specified period;
- Involving digital content not supplied using a physical medium, the performance of which has begun after the consumer’s prior express agreement and express renunciation of his or her right of withdrawal.“
In accordance with Article L 221-28 of the French Consumer Code, the Emotion and Premium/VIP Packages are not subject to a right of withdrawal.
The Premium/VIP offer cannot be refunded even in the event of loss or theft of the invitation to access the event with the artist. In case of cancellation of the event with the artist, THE ARTIST ACADEMY will refund the Client a minimum of €50 including tax.
For the Emotion and Premium/VIP Packages, in the event of a delay of more than one month from the beginning of the broadcasting of the class in relation to the date announced on the Site and indicated in the order, the Client may obtain a refund upon request by email to firstname.lastname@example.org.
THE ARTIST ACADEMY will pay the above-mentioned refunds within three months using the same payment method that the Client used for the initial transaction.
- Intellectual property
The elements reproduced on the Site and the classes are the exclusive property of THE ARTIST ACADEMY and are protected by copyright and trademark law.
Any reproduction or distribution of these elements without prior written permission from THE ARTIST ACADEMY exposes offenders to legal action.
- Applicable law, mediation and competent court
The GTCS are governed by French law.
In the event that one of the provisions of the GTCS is declared illegal or inapplicable under current French law, it is agreed between the parties that this will not affect the continuation of these GTCS. THE ARTIST ACADEMY shall then endeavour to replace said provisions with new equivalent provisions in accordance with the legislation in force.
The interpretation and execution hereof shall be subject to the jurisdiction of the courts as provided for by law.
In the event of a complaint or dispute, the Client must first contact THE ARTIST ACADEMY’s Customer Services department:
- By email: click here
- By post: 4 rue de Rome, 75008 Paris, France
Conventional mediation and alternative dispute resolution:
If the dispute is not settled by Customer Services, or if there is no response from this service within two months, the Client has the right to resort to conventional mediation with Charline Basconès, THE ARTIST ACADEMY’s mediator:
- Through her website, where a form is available: www.eponymeandco.fr
- By email: email@example.com
The mediator will attempt, independently and impartially, to bring the parties together with a view to reaching an amicable solution. The parties to the contract shall remain free to accept or refuse the recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.