General Terms & Conditions of Sale
Article 1: Preamble
These general terms and conditions of sale apply exclusively between ORSEU, a simplified joint-stock company with a capital of 293 220 euros - RCS: 483 777 827 RCS PARIS- NAF code 6920Z - VAT number: FR93483777827, with its registered office at 3 rue Bayard, 59000 Lille, France - Phone: +33 (0)3 20 47 88 00 - Email: concours@orseu.com (hereinafter "ORSEU" or "We") and any non-professional buyer (hereinafter "the Customer") wishing to purchase the products or services (hereinafter "the Products") offered for sale by ORSEU on its website https://www.orseu-concours.com (hereinafter the "Site").
Article 2: Acceptance of the GTC
The placing of an order for a Product on the Site by a Customer implies full acceptance of these GTC. By ticking the box "I have read the general terms and conditions of sale and I agree without reservation," the Customer indicates that they have read and accepted these GTC prior to placing the order. If the Customer fails to tick the appropriate box they will be unable to place an order. The Customer states that they are a non-professional natural person (i) of legal age and having full legal capacity to agree to the GTC, or (ii) a minor acting under the supervision and with the consent of a person with parental authority. A summary of your order information will be sent to you via the order confirmation email, where you will also find the General Terms and Conditions of Sale accepted when ordering, as well as confirmation of your consent regarding your right to withdraw.
You can review the current General Terms and Conditions of Sale on the Site. You have the option to save and/or print them. As the General Terms and Conditions of Sale may be subject to modification, the applicable conditions are those in force on the Site at the time of placing your order. These conditions apply to the exclusion of all other conditions, notably those applicable to in-store sales or through other distribution and marketing channels. Unless proven otherwise, the data recorded by ORSEU constitutes proof of all transactions. Product offers are subject to available stock. Information on product availability is provided before the Customer submits the order.
Article 3: Product Features and Prices
On our Site, the Products are presented along with detailed descriptions so that you understand their key features before actually placing your order. Feel free to contact us via email at concours@orseu.com for any additional information you may need before placing your order. The prices shown on the Site comply with Law No. 2014-779 of 8 July 2014, amending Article 1 of Law No. 71-766 of 10 August 1981, relating to the price of books, known as the "Lang Law," and are indicated by default in euros, inclusive of all French taxes (French VAT and other applicable taxes), but not including any shipping costs. In accordance with Article 34 of Council Directive 2006/112/EC of 28 November 2006, and Implementing Regulation (EU) No. 1042/2013 of 7 October 2013, the price indicated may vary if the Customer specifies a delivery country other than France. We reserve the right to alter prices at any time, but the Products are presented on the Site at the prices applicable at the time you place your order.
Article 4: Ordering
You can place an order on the Site any day, 24 hours a day, 7 days a week, except during maintenance periods. The order process is as follows:
- select Products and add to basket;
- validate basket contents;
- register on the website www.orseu-concours.com if not already registered;
- choose delivery method if necessary;
Please note that for deliveries outside the EU, we advise Customers to check on additional import-related costs, especially customs fees.
- choose payment method and accept the general terms and conditions of sale;
- confirm payment. We would remind you that by placing your order you are agreeing to pay the price indicated. The Customer will receive an order confirmation email. At these various stages, the Customer can view the details of their order and its total price and correct any errors before placing the order and by so doing confirming their acceptance. The sale will only be considered final once ORSEU sends the Customer the order acceptance confirmation by email. All orders constitute acceptance of the prices and description of the Products. In accordance with Article L. 216-6 of the Consumer Code, the Customer may terminate the sales contract by registered letter with acknowledgment of receipt in the event of delivery exceeding seven (7) days beyond the agreed date where this is not due to force majeure. This contract is considered terminated upon receipt of the letter by which the Customer informs us of their decision if delivery has not been made between the sending and receiving of this letter. The Customer may exercise this right within sixty (60) working days from the date indicated for delivery. ORSEU undertakes to dispatch the package within fifteen (15) days of full receipt of payment. After submission of your order, if you wish to cancel or modify it, you must contact us at +33 (0)3.20.47.88.00. We will either action or not action your request depending on whether or not the Product(s) have been dispatched. The Site is aimed at the general public and is not intended for the sale of large quantities of the Products offered. We therefore reserve the right to refuse orders of an abnormal nature which, under Article L. 122-11 of the Consumer Code, constitutes a legitimate reason for refusing a sale. Orders for large quantities of the same Product, from five (5) identical Products upwards, may be considered abnormal.
Article 5: Shipping costs and delivery
Shipping costs, when applicable, are linked to the current rates of the carrier. They are flat-rate and based on the weight of the order. The shipping costs vary according to the geographical zone of delivery. Shipping costs will be calculated during the ordering process before payment. Products are delivered to the delivery address specified on the Site during the ordering process and not to the delivery address indicated during PayPal payment if these addresses differ. If certain products are unavailable at the time of your order, we will contact you to establish the urgency for the different Products and associated delivery times. When purchasing dematerialised Products, and once payment of your order is confirmed, you will find the purchased products on our site under My Account > Access my online tests or My Account > Access my training. Online tests are available indefinitely in your account. Online courses are available for 3 weeks from the date of purchase. In the event of "Not known at this address", a package "Unclaimed" from the delivery provider, or a package "Refused" at the time of delivery, after receipt and acceptance of the package, ORSEU will contact the Customer to resend the order at the Customer's expense if the Product is still available or will issue a refund, as the Customer prefers. ORSEU reserves the right to refund the order rather than resend it. Unless the Customer withdraws before dispatch, ORSEU reserves the right to refund only the price of the Products. Any order not received must be reported to us within a maximum period of sixty (60) working days so that we can investigate with the appropriate carrier. Transfer of risks of loss and deterioration of our Products is upon delivery and receipt of these Products by the Customer.
Article 6: Payment
You can settle your order by credit card or PayPal. Cards issued by banks domiciled outside of France must be international credit cards. Your card will be debited on the day of your order. The Products delivered will remain our property until you have fulfilled all your obligations towards us, notably until full payment of the order.
Article 7: Security
All bank transactions are secured via SHA1 encryption securing transfers between www.orseu-concours.com and your bank.
Article 7: Withdrawals, Returns and Cancellations
In accordance with the provisions of Article L. 221-18 of the Consumer Code, the Customer has a withdrawal period of fourteen (14) working days from the delivery of the Products to notify ORSEU, by email at concours@orseu.com, of their intention to exercise their right of withdrawal and then return the Products to ORSEU for exchange or refund (as per the Customer's preference, defaulting to a refund), provided that the products are returned to the address given at the beginning of these general terms and conditions of sale in their original packaging and in perfect condition within fourteen (14) days of delivery. Damaged, soiled, or incomplete Products will not be accepted. The Products will then be returned to the Customer and the Customer will not be entitled to any compensation or the right to a refund, except for the subsequent exercise of their warranty rights on the products sold. If the right of withdrawal is exercised within the aforementioned period and subject to ORSEU receiving the Product(s) in perfect condition for sale, only the price of the Product(s) will be refunded; return costs remaining at your expense. Products returned must be accompanied by the invoice or order references. Exchange (subject to availability and if requested by the Customer) or refund will be made within fifteen (15) days from receipt by ORSEU of the Products returned by the Customer. In accordance with Article L. 221-26 of the Consumer Code, you cannot exercise your right of withdrawal for online tests or e-learning modules. Any request to cancel a registration for training (face-to-face, e-learning, or webinar) must be sent in writing (email or letter) to ORSEU at least ten (10) days before the start of the training. In this case, any cancellation request will be made free of charge. If cancellation occurs less than ten (10) days before the start of the training, ORSEU reserves the right to retain the total cost of the training. Replacement requests will be considered at any time. If there are insufficient participants, ORSEU reserves the right to postpone or cancel a session within a period of two (2) days preceding the training. If your Product arrives damaged, contact us at the email address concours@orseu.com, and we will explain the procedure for returning your Products to us and obtaining an exchange or refund.
Article 9: Warranties and Liability
In accordance with legal provisions, all our Products are covered by:
- a legal warranty of conformity,
- a legal warranty against hidden defects arising from a defect in material, design, or manufacturing affecting the delivered Products and rendering them unfit for use.
Such warranty does not apply in the case of misuse, negligence, or lack of maintenance by the Customer, and in cases of normal wear and tear of the Product, accidents, or force majeure, and ORSEU's warranty is limited to the replacement or refund of non-compliant Products or those affected by a defect.
We undertake to exercise all due care customary in the profession for the implementation of the service offered to the Customer. However, we cannot be held responsible in the event of breach of our contractual obligations due to unforeseen events or force majeure as defined by French case-law.
We will not be held responsible in the event of non-substantial differences between the presentation photos of the Products on our Website, texts and illustrations, and the Products ordered. We employ all means at our disposal to guarantee the services covered by these general terms and conditions of sale. We are responsible for any direct and foreseeable damage at the time of use of the Site or of the conclusion of the sales contract between you and ORSEU.
Article 10: Personal Data Protection
Purpose of processing (purpose and legal basis)
Our online sales site allows us to receive orders from our Customers. To do this, we are required to collect certain information of a personal nature. This information is recorded and processed on our platforms to allow us to:
- manage orders as well as payments and associated deliveries
- manage subscriptions to our publications (newsletter, etc.)
- manage contact requests made through the site
- conduct marketing and advertising operations with those who do not object or who have accepted:
o regarding products and services similar to those previously ordered or about which information has been requested
o regarding related products and services provided by ORSEU.
Legal bases for processing
- Order management: the legal basis for processing is the performance of a contract (See Article 6.1.b) of the European Regulation on data protection).
- Managing contact requests made through the site: the legal basis for processing is consent (See Article 6.1.a) of the European Regulation on data protection), as required by Article L. 34-5 of the Post and Electronic Communications Code.
- Sending commercial solicitations by email on products similar to those ordered by Customers: the legal basis for processing is the legitimate interest of the company (See Article 6.1.f) of the European Regulation on data protection), namely promoting our products to our Customers.
- Sending commercial solicitations by email on related products and services provided by ORSEU: the legal basis for processing is consent (See Article 6.1.a) of the European Regulation on data protection), as required by Article L. 34-5 of the Post and Electronic Communications Code.
- Transmission of email addresses to commercial partners: the legal basis for processing is consent (See Article 6.1.a) of the European Regulation on data protection).
- Keeping accounts involving data retention for a period of 10 years: the legal basis for processing is legal obligation (See Article 6.1.c) of the European Regulation on data protection).
Categories of data
- Identity: title, last name, first name, addresses, phone number, email address, etc.
- Data related to orders
Location, data transfer, and automated decision-making
The data, our resources including our website and servers, are hosted within the European Union (EU):
- on our own sites
- on platforms offered by OVHCLOUD
Personal data relating to data subjects is not transferred outside the EU. Processing does not involve any automated decision-making regarding data subjects.
Data recipients
- Our Customer service and billing departments are recipients of all categories of data.
- Our subcontractors responsible for delivering orders are recipients of the identity, address, and phone number of our Customers.
- Email addresses of Customers who have agreed to this may be transmitted to our commercial partners:
- CRM subcontractors: direct mail, emailing, BI, etc.
- Entities of the ORSEU group
Data retention period
We keep the data collected for:
- the entire duration of the commercial relationship;
- three (3) years from the last purchase, excluding online tests;
- ten (10) years for accounting obligations.
We do not retain data related to means of payment. The settlement of purchases is made exclusively through intermediation (e.g. PayPal, etc.)
Your rights
If you no longer wish to receive advertising from us (exercise of the right to object or withdrawal of previously given consent), contact us at concours@orseu.com
If, after consenting to the transmission of your data to our commercial partners, you wish to change your mind and no longer receive advertising from them, contact us at concours@orseu.com
More generally, you can access, rectify, or erase your data. You also have the right to data portability and the right to restrict the processing of your data. For more information about your rights regarding personal data, you can visit the website www.cnil.fr
To exercise these rights or for any questions about the processing of your data in this system, you can:
- modify your personal information directly in the "My Account" section
- write to us at: concours@orseu.com
- contact our DPO/DPO by post as follows:
Data Protection Officer
ORSEU
3 rue Bayard 59000 Lille
France
If, after contacting ORSEU, you believe that your "Information and Freedoms" rights have not been respected, you can file a complaint online on the CNIL website at: www.cnil.fr
Article 11: Intellectual Property, Reproduction and Redistribution
The entire content (texts, comments, works, illustrations, images, etc.) displayed on the Site is protected under copyright law worldwide. As such, and in accordance with the provisions of the Intellectual Property Code, only private use is permitted, subject to different or more restrictive provisions of the Intellectual Property Code. Any other use constitutes infringement and is punishable under intellectual property law unless prior authorisation is obtained. No reproduction rights, in any form (photocopy, scanned, digital copy), are included in the purchase, except for a single copy intended for strictly personal use. Each Customer has an account that is strictly personal to them. Therefore, the redistribution of information or the dissemination of access codes is strictly prohibited and would constitute an act of counterfeiting. Each Customer therefore undertakes not to reproduce, disseminate, summarise, modify, or alter any Product, article, title, online test, e-learning module, information or illustration published on the Site without prior written authorisation from us. The Customer expressly undertakes not to allow third parties to exploit ORSEU's services in any way, whether for payment or free of charge. The violation of these mandatory provisions renders the offender, and any person responsible, subject to the criminal and civil penalties provided by law. These general conditions apply to all ORSEU’s content and services, regardless of the form of marketing.
Article 12: Proof
The computerised records, kept in our computer systems under reasonable security conditions, will be considered as evidence of communications, orders, and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
Article 13: Customer Relations
For any questions, information, or complaints, please contact us:
- by email: concours@orseu.com
- by post: ORSEU, 3 rue Bayard, 59000 Lille, France
- by phone: +33 (0)3 20 47 88 00.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/
Article 14: Applicable Law
These conditions are subject to French law. In the event of a dispute regarding the execution of the sales contract, ORSEU undertakes to offer the Customer the opportunity to reach agreement without the intervention of a judge, through a mediator appointed by ORSEU.
Article 15: Pre-contractual Information – Customer Acceptance
The Customer acknowledges that prior to the conclusion of the contract, these general conditions of sale and all information and details relating to the Products have been communicated to them in a clear and comprehensible manner.