Les présents conditions générales s’appliquent à toute relation contractuelle passée avec la société Anthemis (Place Albert I, 9, 1300 Limal, BE 0873 098 285, Tél. : 32 (0)10.42.02.92, Fax. : 32 (0)10.40.21.84, [email protected])
Elles sont les seules applicables et remplacent toutes autres conditions ou convention, sauf dérogation préalable, expresse et écrite.
L’Utilisateur reconnait avoir pris connaissance des présentes conditions générales de vente et de service (ci-après les « conditions générales » ou « CG »), ainsi que de notre politique de protection de la vie privéeThese general conditions apply to any contractual relationship with Anthemis (Place Albert I, 9, 1300 Limal, BE 0873 098 285, Tel.: 32 (0)10.42.02.92, Fax: 32 (0)10.40.21.84, [email protected]).
They are the only ones applicable and replace all other conditions or agreements, except prior, express and written exemption.
The User acknowledges having read these general conditions of sale and service (hereinafter the ‘general conditions’ or ‘GC’), as well as our privacy protection policy, so that by registering for training, or purchasing our products, he declares that he accepts the rights and obligations arising therefrom.
Customer: refers to consumers and business customers.
Consumer: is understood within the meaning of the definition given to it in the Code of Economic Law, art. I, 2°, as follows: “any natural person who acts for purposes which do not fall within the framework of his commercial, industrial, artisanal or liberal activity”.
Company: is understood within the meaning of the definition given to it in the Code of Economic Law, art. I, 1°, as follows: “Each of the following organizations:
(a) any natural person who exercises a professional activity in a self-employed capacity;
(b) any legal person;
(c) any other organization without legal personality.
Notwithstanding the foregoing, are not companies, unless it is provided otherwise in the books of the Code of Economic Law or other legal provisions providing for such application:
(a) any organization without legal personality which does not prosecute for distribution purposes and which does not effectively distribute to its members or to persons who exercise a decisive influence on the policies of the organization;
(b) any legal person governed by public law which does not offer goods or services on a market;
(c) the federal state, regions, communities, provinces, safety zones, prezones, the Brussels agglomeration, municipalities, multi-municipal areas, intra-municipal territorial bodies, the French Community Commission, the Flemish Community Commission, the Common Community Commission and the public social action centres.”
Products: means the articles offered by Anthemis, namely books, journals, E-books, excluding training, seminars and webinars organized.
Services : refers to the services offered by Anthemis, namely training, seminars and webinars organized.
Subscription: means the products or services periodically provided by Anthemis for a single payment in advance.
3. PRICES AND PAYMENT
3.1. Anthemis is only obliged to apply the prices and rates mentioned in contracts with its customers or on the order at the time of the payment. All other prices and rates, in particular on the offers or on the website, are given as an indication.
3.2. All prices stated in the aforementioned contracts or website are inclusive of VAT. Anthemis has the right to charge any delivery cost.
3.3. In the absence of statement to the contrary, payment is due within 10 days of the invoice date. If the parties agree upon another term of payment, it replaces the aforementioned term.
3.4. If the customer fails to remit payment within the 10-day period, the customer shall, automatically and without serving notice, be liable for the payment of a fixed compensation of 15% (fifteen per cent), with a minimum of 30 EUR. In addition and also without serving notice, a moratory interest of 12% (twelve per cent) shall be charged starting from the expiry date.
3.5. All delivered goods remain the property of Anthemis until the customer has met in full all of the obligations. This means that the customer is not authorised to pass them on to third parties, to lend out or encumber them with any kind of privilege. Furthermore, all goods are being sent to the customer at his own risk.
4. WARRANTY AND COMPLAINTS
4.1. The products are supposed to correspond with their description and it is up to the customer to prove the contrary.
4.2. Anthemis is, without compensation, without notice and at every time, expressly entitled to change the whole or part of the product and, as the occasion arises, its support in order to meet its purposes as publisher.
4.3. Complaints must be lodged in writing to the head office of Anthemis within 10 days of the faults being established. After this period, the products shall be assumed to be definitively accepted.
4.4. An insidious ailment has to be reported as soon as it has been discovered.
5. DELIVERY TIMES FOR PRODUCTS AND SERVICES
5.1. Delivery times are merely approximate and cannot give rise to any kind of compensation or interests.
5.2. Even if a fixed term of delivery should be agreed on that differ from paragraph 5.1., with or without any penalty, Anthemis shall, in case of exceptional conditions (i.e. social unrest, fire or other damage, total or partial paralysation of traffic, illness of the Anthemis staff members or when Anthemis is short of staff in general, strike in the company or elsewhere, an interruption or fault in production, mistakes of our undertakers or suppliers, a pandemic – this list is not exhaustive), always be entitled to either delay the delivery until the problems have been solved and still deliver the product within the agreed term, or to not deliver anymore without the customer being able to lay any claim to any compensation.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. The structure, lay-out and contents of the Anthemis website are protected by copyright law for the benefit of Anthemis and of his partners.
6.2. Except for explicit, exceptional and written agreement between the parties, no part of the data or publications protected by copyright law may be reproduced, sold, rented, distributed, published or communicated in any form or by any means, without the prior permission of the keeper of the right, unless otherwise determined by the nature of the documents issued and certain other non-commercial uses, and not to make changes to it.
6.3. The sale, rental, distribution, publication, adaptation, translation, broadcast or any communication of the content of a product or service in violation of the prescribed in paragraph 6.2., without the express permission of Anthemis, exposes its author to a lump sum indemnity of 500 euros, for the costs incurred by Anthemis to notify this violation to its author, and this without prejudice to Anthemis' right to claim by any legal means the integrity of its damage.
6.4. Anthemis declines all responsibility if a customer were to use the content referred to in point 6.1. without authorization.
7.1. Anthemis shall not be liable for indirect damage, such as the loss of data, the loss of proceeds or profit, the loss of company results, the loss of trading funds, the loss of opportunity, company loss, damage or costs.
7.2. Anthemis shall do everything to produce quality goods, but the publisher and/or the author cannot be held liable in case of negligence or fault.
7.3. In case Anthemis should be held liable, Anthemis shall be obliged to replace the product or, if such would be impossible, to refund it.
7.4. Anthemis shall not be held liable for the non-observance of the agreement in case of stock deficit or an unavailable product due to force majeure, severe disturbances such as flood or fire, total of partial strike, especially of the mail services, traffic and means of communication.
7.5. Anthemis shall not be held liable for the operation and incompatibility of third party software and/or the hardware necessary for the use and reading of digital content.
7.6. Anthemis declines all liability for the use that may be made of the information given during trainings, seminars or webinars. Anthemis is committed to engaging quality speakers, however it shall not be held liable for any provision of incorrect information.
7.7. Anthemis shall not be liable for any incident, loss of property belonging to participants, theft or any other crime that may have occurred at the location where the training, seminar or webinar is given.
8. RIGHT OF REVOCATION
8.1. Provided that he does not act as a company, that is to say that he does not pursue an economic goal in a sustainable way, the consumer has a right of revocation of fourteen working days, from the date of delivery of the order to notify that he revokes his purchase. He does not have to indicate the reasons for the revocation.
8.2. There is no right of revocation for customers having the status of company.
8.3. In accordance with article VI.53.13° of the Code of Economic Law, the right of revocation does not apply for dematerialized publications, as far as it concerns content provided on digital media and the immediate execution of the contract was expressly requested.
8.4. In accordance with article VI. 53, al. 1, 1° of the Code of Economic Law and as explained in point 12.4, the consumer cannot exercise his right of revocation when the training, webinar or seminar has been fully executed and the execution of the event has started with his express agreement before the expiry of the revocation period.
8.5. To exercise the right of revocation, a letter can be sent by post mail, fax or email to the head office of Anthemis, using the form in the appendix. The consumer has to return the concerned product(s) not later than within 14 days from the day on which the notification of revocation has been received.
8.6. Anthemis refunds, from the day of reception of the notification of revocation and within 14 days, the amount of the concerned order using the same payment method as the customer initially used. Anthemis is only responsible for covering any loss in value of the goods if this loss in value is based on unnecessary handling of the goods and the costs exceed the execution of the right of revocation. In case of revocation, the consumer has to bear only the costs of returning the goods.
9. CANCELLATION AND TERMINATION OF CONTRACTS
9.1. In case of non-payment or non-respect of one of the statements in the contract or the general conditions for use and sale, Anthemis is authorised by right and without prior notice to dissolve the contract and reserves the right at all times to claim compensation for damages.
9.2. Unless otherwise stipulated, with regard to Subscriptions, in case of termination before the expiry date, the customer remains liable for payment of the expiring contractual period.
10. SUBSCRIPTION AND TACIT RENEWAL
10.1. The subscription to a magazine counts for a period of one year starting from the subscription date. It is payable in advance for the entire coming year.
10.2. It shall be tacitly renewed, unless the customer has sent a notification of cancellation by letter, email, fax or registered mail to the head office of Anthemis at least two months in advance.
10.3. In case of cancellation of the subscription during the subscription period, no refund will be made.
11.1. In case of purchasing a digital product, the article shall be available and can be downloaded via the Anthemis website by using the customer’s account or by sending an email to the customer.
11.2. In order to be able to use and read the digital products on a portable reader and/or a computer, the customer has to have the appropriate software of third parties. Anthemis makes every effort to guarantee the compatibility of its products with software of third parties, but this is by no means an obligation to produce a certain result.
11.3. In case of the purchase of a digital product, the right of revocation does not apply, as mentioned in article 8.3. above. The customer is supposed to agree with the loss of this right as from the acceptance of the general conditions.
12. TRAINING, SEMINARS AND WEBINARS
12.1. Anthemis organizes training courses, seminars and webinars in different subjects.
12.2. Following registration for the webinar, an access link will be sent no later than 2 days before the date of the webinar.
12.3. The customer who does not receive his link must contact Anthemis at the latest 24 hours before the date of the webinar by email at the following address: [email protected] In the absence of such a notification, he cannot demand any, even partial, reimbursement of the service, nor compensation, nor interest.
12.4. Regarding the right of revocation, in application of article VI.53, 1° of the CEL, for the customers, Anthemis fully executes its service once the seminar, training or webinar has taken place. The customer, knowing the date of the seminar or training for which he is registering, acknowledges losing his right of revocation if this is set before the expiry of the 14-day revocation period.
12.5. After the expiry of the right of revocation, a cancellation is possible upon payment of XX% of the indicated price.
12.6. The organization reserves the right to cancel a training, a seminar or a webinar or to change the date or address up to 7 days before the chosen date without having to communicate the reason and without this giving the right to compensation.
12.7. Anthemis will validly inform registered participants of any modification in advance by sending an e-mail to the address provided during registration.
12.8. In case of cancellation, the registration fee will be refunded within 7 days to registered participants.
12.9. Anthemis reserves the right to exclude any person whose behaviour harms the public or private order, the proper execution of the training or the health and cleanliness of the training, and this without reimbursement or compensation.
13. COMMERCIAL COMMUNICATIONS
13.1. Anthemis has a legitimate interest in sharing commercial information with the customer electronically or on paper in order to promote its services and products, at the addresses referenced by the customer.
13.2. The customer may at any time waive the communication of this commercial information, by notification to Anthemis via the objection procedure mentioned in all sent commercial correspondence by sending an email to the following address: [email protected]
14.1. We comply with all data protection legislation in force in Belgium, including Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the Processing of personal data and to the free movement of this Data, and repealing the directive mentioned in the previous point (hereinafter the GDPR).
14.4. For any complaint relating to the processing of his personal data, the customer can contact Anthemis via the address: [email protected]
15. IMAGE RIGHTS
15.1. The images taken during our training sessions are processed in accordance with the privacy protection policy and with respect of the rights of the persons concerned and the image rights.
15.2. Anyone who no longer wishes his image to be used by us, can request that the photo will be removed, blurred or made anonymous by contacting the following email address: [email protected]
16.1. These general conditions override every clause that is mentioned on the order forms received by the customers.
16.2. When a client completes and validates an order form on the Anthemis website, he is assumed, without exception, to have accepted the general conditions for use and sale. Likewise, any registration for a training course, a seminar or a webinar constitutes acceptance and unreserved acceptance by the customer of the general conditions of use and sale in force on the day of the order.
16.3. The inactivity of Anthemis cannot be interpreted as a dereliction of any right.
16.4. Anthemis is entitled to unilaterally change the words of the general conditions. The applicable conditions are those on the website of Anthemis at the time Anthemis confirms the order.
17. COMPETENT JURISDICTION
In case of dispute, only the courts of the legal district of Walloon Brabant are entitled. All contracts with Anthemis shall be governed by the Belgian law.
These general conditions apply to any contractual relationship with Anthemis (Place Albert I, 9, 1300 Limal, BE 0873 098 285, Tel.: 32 (0)10.42.02.92, Fax: 32 (0)10.40.21.84, [email protected]).
They are the only ones applicable and replace all other conditions or agreements, except prior, express and written exemption.
www.anthemis.be/vie-privee. Il marque son accord sans réserve sur celle-ci.
14.3. Il déclare avoir été informé qu’Anthemis agit en qualité de responsable du traitement des données à caractère personnel qu’il lui communique et savoir qu’il peut trouver toutes les informations relatives aux traitements de ses données dans la charte vie privée d’Anthemis, en ce compris les modalités de réalisation de ses droits en qualité de personne concernée.
14.4. Pour toute réclamation relative au traitement de ses données à caractère personnel, le client peut s’adresser à Anthemis via l’adresse : [email protected].
15. DROIT À L’IMAGE
15.1. Les images prises lors de nos formations sont traitées conformément à la politique de protection de la vie privée dans le respect des droits des personnes concernées et du droit à l’image.
15.2. Toute personne qui ne désire plus que son image soit utilisée par nous peut demander de faire retirer, flouter la photo ou de la rendre anonyme en s’adressant à l’adresse mail suivante : [email protected]
16.1. Les présentes conditions générales priment toute clause figurant dans les bons de commande délivrés aux clients.
16.2. En remplissant et validant le formulaire de commande sur le site internet d’Anthemis, il est entendu que le client accepte, sans réserve, les conditions générales d’utilisation et de vente. De même, toute inscription à une formation, un colloque ou un webinaire vaut adhésion et acceptation sans réserve par le client des conditions générales d’utilisation et de vente en vigueur au jour de la commande.
16.3. L’inaction d’Anthemis ne peut pas être interprétée comme une renonciation à un droit.
16.4. Anthemis se réserve le droit de modifier unilatéralement les termes des conditions générales, les conditions applicables étant celles en vigueur sur le site internet à la date de la confirmation de la commande par Anthemis.
17. JURIDICTION COMPÉTENTE
Les juridictions de l’arrondissement judiciaire du Brabant wallon sont exclusivement compétentes en cas de litige. Tout contrat avec Anthemis est régi par le droit belge.