Terms And Conditions

1 - GENERAL PROVISIONS

AJCM Trading OÜ is a company based in Estonia, whose address is : Harju maakond, Tallinn, Põhja-Tallinna linnaosa, Sole 18, 10320
AJCM Trading OÜ is specialized in organizing online and/or face-to-face trainings in the fields of personal development, NLP and neuroscience. Its trainings are intended for legal entities or individuals, acting as a professional or as a consumer.
The trainings proposed by AJCM Trading OÜ are available for purchase online.
The AJCM Trading OÜ company also proposes, for online sale, products such as digital books or sounds.

2 - DEFINITIONS
In the present general conditions of sale the words or expressions beginning with a capital letter will have the following meaning:
Client: means any individual or legal entity, acting as a professional or consumer, who purchases online one of the Training offered by the Company, under the conditions described below.
General Sales Conditions: refers to the present document, including its annexes.
Trainings: refers to the trainings offered by the Company, online and/or in person, in the field of personal development, accessible for sale on the Site, under the conditions described hereafter.
Party(ies): refers individually to the Company or a Client and collectively to the Company and a Client.
Products: refers to the products offered for sale online by the Company, through the Site, under the conditions hereafter described.
Website: refers to the vibration-positive website owned and operated by the Company, accessible from the following addresses
- www.abondance-interieure.com
- www.vibration-positive.fr
- www.mentalboost.fr
Company: refers to the company AJCM Trading OÜ.

3 - PURPOSE
The purpose of these General Terms and Conditions of Sale is to detail their scope of application, as well as the conditions of their acceptance.
They also describe the Trainings and the Products proposed by the Company and the conditions in which the Customers buy the said Trainings and the said Products on the Site.
The General Terms and Conditions of Sale also specify the terms of payment for these Trainings and Products.

4 - SCOPE OF APPLICATION
The Parties agree that their relationship is governed by these Terms and Conditions, to the exclusion of any other terms and conditions previously available on the Site.
These General Terms and Conditions of Sale are applicable to all sales of Training and Products offered by the Company, made through the Site.

5 - ACCEPTANCE OF THE GENERAL SALES CONDITIONS
Any order of a Training or a Product on the Site supposes the prior express and unreserved acceptance of the present terms and conditions by the Customer, under the conditions defined in Articles 7.1 and 7.2 hereof.

6 - TRAINING AND PRODUCTS
The Company offers, for sale online, through the Site, Trainings. These are online and/or face-to-face trainings.
The Trainings offered by the Company are more fully detailed on the Site, by means of descriptive sheets, the content of which may be modified at any time by the Company.
The Trainings are offered within the limits of available places.

7 - ORDERS
7.1 - Ordering a Training
Any purchase of a Training course implies :
- the selection of a Training, accessible via the sales pages;
- once the Training has been selected by clicking on the button dedicated to this purpose on the Site, the Customer is redirected to a page summarizing his order.
The Customer must then: (i) choose the number of payment deadlines; (ii) fill in the fields of the "Your information" form on this page; (iii) fill in his/her payment information; (iv) expressly accept the present terms and conditions without reservation, by pressing the button provided for this purpose at the end of the page;
- the Customer finalizes his order by clicking on the button dedicated to this purpose on the Site.

7.2 - Ordering a Product
Any purchase of a Product implies :
- the selection of a Product, accessible via the sales pages or via the dedicated tab in their member area ;
- once the Product is selected and more, the Customer is redirected to a page summarizing his order.
The Customer must then: (i) fill in the "Information" form fields on this page and click on the button to finalize the order
Product, by credit card or by PayPal; (ii) accept expressly and without reservation.

7.3 - Automatic confirmation of the order
Once the payment of the order has been made, the Customer will receive an automatic confirmation of the order by email, at the address provided by the Customer in the form referred to in Article 7.1 or Article 7.2 hereof.

7.4 - Sending a connection link for Training orders
Once the payment of the online Training order has been made or the face-to-face Training modules have been delivered, the Customer will also receive by email (at the address provided by him/her in the form referred to in Article 7.1 hereof) direct access to a page with all the expected products and or a link to create and connect to the online elements of the Training, after having regularly created a personal account, in accordance with the general terms of use of the Company's Site.

7.5 - Availability of video elements of the Trainings
The online elements of the Trainings are available for viewing for an unlimited period of one (1) year from the date of receipt of the email referred to in Article 7.3 hereof and beyond this period, as long as the background of the Training platform is not modified.

7.6 - Final validation of orders by the Company
For orders placed on a professional basis, the Company reserves the right to accept or refuse them, after checking the accuracy and compliance of the information provided by the Client when placing the order (SIRET; APE; etc.).
Moreover, the Company reserves the right not to follow up on an order:
- when the banking organization in charge of managing the payment of the order demonstrates the inability to implement the payment of the Client;
- if there proves to be an abnormal request by the content, the frequency or the bad faith of the Customer;
- more generally in case of a legitimate reason as provided for in Article L. 121-11 of the Consumer Code.
In the event that the Company validates the Client's order, it will send the corresponding invoice by email to the address provided by the Client on the form referred to in Article 7.1 or Article 7.2 hereof.
In the event that the Company does not accept the Customer's order for one of the reasons mentioned above, the Customer will receive an email (the address provided by the Customer on the form mentioned in Article 7.1 or Article 7.2 hereof, provided that a valid and error-free email address has been provided), indicating that the order has been cancelled and that the Customer will not be debited for the amount of the order or will be reimbursed for the amount of the order as soon as possible.
The refund will be made by the same means of payment as the one used by the Customer (bank card / PayPal), unless otherwise expressly agreed in writing between the Parties.

7.7 - No right of withdrawal
By accepting these General Terms and Conditions of Sale, the Customer: (i) expressly accepts that the execution of the Trainings will start before the expiration of the withdrawal period granted to him/her by Article L. 221-18 of the Consumer Code; (ii) de facto expressly waives this right of withdrawal.
Under these conditions, in accordance with the provisions of Article L. 221-28 of the French Consumer Code, as the Trainings on the Site are fully executed before the end of the withdrawal period provided for in Article L. 221-18 of the French Consumer Code, the Customer does not benefit from the aforementioned withdrawal right.

8 - PRICE AND PAYMENT OF TRAINING COURSES

8.1 - Prices
The prices of the Training courses offered by the Company are fixed.
These prices are indicated on the Site and are stated in euros.
They are prices exclusive of tax (in accordance with the Company's situation), final and non-revisable, unless otherwise agreed in writing between the Parties.
In this last respect, as regards more specifically the elements of the Trainings given in person, their contents being likely to be enriched between the date of the placing of the order and the execution of the element of the aforementioned Training in person, the Company can be brought to revise its price upwards. In this case, the Clients will be informed of the price changes and will only be able to participate in the face-to-face Training elements by paying the additional price indicated by the Company. In case of refusal, they will be reimbursed for the part of the price of the Training corresponding to these elements.
Prices are paid in accordance with Article 8.2 hereof.

8.2 - Payment
Payment for the Training is made by credit card on the Company's website, using a secure payment service or by PayPal.
Payment of the Training can also be made by bank transfer, to the bank details indicated by the Company to the Client, at the time of validation of the order, under the conditions provided for in Article 7.1 hereof. In case of payment by bank transfer, the Client expressly waives the "satisfied or reimbursed" guarantee offered by the Company, under the conditions defined in Article 14 hereof.
After the payment of the Training or of its first due date has been made, the Client will receive a corresponding invoice, to the email address provided by the Client in the form referred to in Article 7.1 hereof.
The Company's invoice is made out to the Client's contact details, as indicated in the form referred to in Article 7.1 hereof, without any modification being possible.
In the event of payment by direct debit by bank card in several instalments (3, 4, 6 or 10 instalments), the payment schedule indicated to the Client at the time of validation of the order, under the conditions defined in Article 7.1 hereof, may not be modified.
In the absence of regularization, the Company will delete the Client's personal account, without any technical possibility of reinstatement. Consequently, if a Client wishes to continue with the Training initially ordered, he/she will have to reorder the said Training and pay for it in full.
Furthermore, after prior formal notice has been given without success, any delay in payment shall result in the application of late payment interest calculated on the basis of the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, as well as a fixed indemnity of EUR 40 for collection costs, in accordance with the provisions of Article L. 441-6-I of the French Commercial Code.

9 - PRICE AND PAYMENT OF PRODUCTS

9.1 - Prices
The prices of the Products offered by the Company are fixed.
These prices are indicated on the Site and are stated in euros.
They are prices exclusive of tax (in accordance with the Company's situation), final and non-revisable, unless otherwise agreed in writing by the Parties.
Prices are paid in accordance with Article 8.2 hereof.

9.2 - Payment
Payment for a Product is made by credit card on the Company's Site, using a secure payment service or by PayPal.
After this payment has been made, the Customer will receive a corresponding invoice at the email address provided by the Customer in the form referred to in Article 7.2 hereof.
The Company's invoice is made out to the Client's address, indicated in the form referred to in Article 7.1 hereof, without any modification being possible.

10 - EXECUTION OF THE TRAININGS
The Trainings are carried out online and/or in person.
The contents of the Trainings may be modified, deleted or replaced at any time by the Company, without the Company being held liable in this respect.
10.1 - Online Training
In the case of online Training, paid for in several installments, the content is made available to Clients according to the schedule indicated at the time of validation of the order. Both the schedule and the calendar are not subject to change.
10.2 - Face-to-face training
Dates and places of execution
For face-to-face training, the places and dates of execution are indicated to the Client at the time of validation of the order. However, the Company reserves the right to modify these dates at any time.
Absence
The Company reminds Clients that the number of participants in its Training sessions is voluntarily limited.
In the event of absence, the Client must inform the Company. No refund will be made.
Additional information
Clients are advised that these Trainings should not be considered as therapies.
Furthermore, in the case of a dismissal of a Training for a disciplinary reason, no refund will be made by the Company.
Finally, travel expenses, accommodation, meals, etc. remain the responsibility of the Client and will not be subject to any compensation.

11 - DECLARATIONS AND OBLIGATIONS OF THE CLIENT
The Client declares that he/she has the legal capacity to conclude and purchase the Training or the Product.
The Customer acknowledges that he/she has received the necessary advice and information in order to ensure that the Training purchased is suitable for his/her needs.

12 - OBLIGATIONS OF THE COMPANY
Within the framework of the execution of the present contract, the Company is bound by an obligation of means.

13 - "SATISFIED OR REFUNDED" GUARANTEE
13.1 - On-line training
In case of disappointment of the Client, despite all the attention paid by the Company on the contents of these Trainings, it is possible to address a request for refund to the customer service of the Company (whose coordinates are indicated in Article 22 hereof):
- the product must be tested before requesting a refund
- within thirty (30) days from the date of payment of his order, under the conditions defined in Article 8 hereof, when the payment of the Training was made in several times.
- in the event that the customer shows vulgarity, aggressiveness, disrespect, no refund will be made.
- In the case where no refund guarantee has been mentioned on the sales page, no refund will be made.
Requests for refunds made outside of the above-mentioned deadlines will not be considered by the Company.
Any request for reimbursement must be accompanied by a written certificate from the Client sent by e-mail within 24 hours, in which he/she undertakes to delete from any storage medium the content related to the Training concerned by this request.
14.2 - Face-to-face training
In the event of disappointment on the part of the Client, despite all the attention paid by the Company to the contents of these Training sessions, it is possible for the Client to send a request for reimbursement to the Company's customer service department (whose contact details are indicated in Article 22 hereof), within a period of fifteen (15) days from the validation of the order relating to it.
Requests for refunds made outside the aforementioned period will not be considered by the Company.
Any request for reimbursement must be accompanied by a written statement from the Client, in which he/she undertakes to delete from any storage medium the content related to the Training concerned by this request.
Finally, no request for reimbursement can be made for Training courses for which registrations are nominative.

15 - MODIFICATION OF THE GENERAL SALES CONDITIONS
The General Terms and Conditions of Sale applicable are those in force on the date on which the online payment for the Training chosen by the Client is made.
However, the Company may modify the present Terms and Conditions at any time, without prior notice, provided that it informs its Clients as soon as these modifications come into force by email and/or by publishing the said modifications on the Site.
The Company will update the General Terms and Conditions of Sale by indicating the date of the last update in the upper right-hand corner of the present document.

16 - LIABILITY
The Company shall only be liable for direct damage caused by its fault, the proof of which must be provided by the Client. The compensation for the damage suffered by the Client shall not exceed the amount due by the Client for the Training concerned.
The Company shall not be held liable for any indirect damage suffered by its Clients.

17 - FORCE MAJEURE
In accordance with the provisions of Article 1218 of the Civil Code, in the event of force majeure, the Company shall not be liable for any failure to perform its obligations.
More specifically, the Company shall not be held responsible for any failure, delay or failure to deliver due to a cause beyond its control, in particular in the event of bad weather, natural disaster, strike, road accident, etc.
In the event of the occurrence of an event of force majeure within the meaning of Article 1218 of the Civil Code, including, but not limited to, unforeseeable events such as strikes, epidemics, work stoppages, social unrest, factory closures, floods, fires, production or transport defects not caused by its own actions, supply shortages, wars, riots, insurrections, and generally any event of force majeure, insurrections, and more generally any circumstance or event preventing the Company from properly performing its obligations, the Company shall not be liable for any failure to perform its obligations under the Training concerned, provided that it has immediately informed the Client and taken all necessary measures to limit the effects thereof.
In the event that the effects of a force majeure event extend beyond one hundred and eighty (180) days, the Customer may: (i) maintain its order and wait until the Training concerned can be executed; (ii) terminate the Contract by letter sent by email to the customer service and obtain reimbursement of the Training it was unable to benefit from.

18 - IMAGE RIGHTS
During the execution of the face-to-face Training sessions, the Company may be required to take photographs and videographies or for subsequent promotional purposes.
Clients who may appear in these photographs and videographs irrevocably transfer, for a period of 70 years, all their image rights to the Company, without being able to request any compensation in this regard, so that the Company can use them in any promotional communication medium.
For their part, during the execution of the face-to-face Trainings, the Clients are forbidden to film and/or to record by any means the events, the training sessions, the mentoring and the interventions of the members of the AJCM Trading OÜ company.

19 - INTELLECTUAL PROPERTY

19.1 - Website
All the elements contained on the Site owned and edited by the Company are protected by the laws relating to the intellectual property.
Thus, the Company holds all the rights, titles and interests, including all the intellectual property rights related to the said Site, as well as the ideas, suggestions, requests for improvement, comments, recommendations and other information that the Customers and third parties would communicate about the Site.
In addition, the Company holds the rights of use on all the elements accessible on its Site, in particular the texts, images, graphics, logos, icons, sounds, software, etc.
Consequently, any reproduction, representation, modification, publication, total or partial adaptation of the elements of the Site, by any means or process whatsoever, is forbidden, except with the express prior consent of the Company.

19.2 - Trainings
The entirety of the Trainings developed under the AJCM Trading OÜ brands constitute the know-how of the Company and are protected in whole or in part by the copyright.
The combination of the articles L.111-1 and L.112-1 of the Code of the Intellectual Property (hereafter called "CPI") protects by the copyright all the works of the mind, whatever the kind, the form of expression, the merit or the destination, as soon as they are original and their author enjoys, by the only fact of their creation, an exclusive and opposable incorporeal property right to all.
According to the article L.122-4 of the code of the Intellectual property:
"Any representation or reproduction, in whole or in part, made without the consent of the author or his successors or assigns is unlawful.
Counterfeiting is an offence that can be punished both criminally and civilly.
When counterfeiting is punished by the criminal courts (article L.335-1 of the IPC), the penalty can be up to 3 years of imprisonment and a fine of €300,000, and up to 5 years of imprisonment and a fine of €500,000 for counterfeiting committed in an organized gang (article L.335-2 of the IPC).
The amount of these penalties is doubled in case of recidivism (article L.335-9 of the CPI).
Is considered as an offence of counterfeiting "any reproduction, representation or diffusion, by any means whatsoever, of a work of the mind in violation of copyright" and therefore a fortiori any reproduction or representation in whole or in part of our training courses, our videographies, or any other document related to them, without our authorization (article L. 335-3 of the CPI).
Moreover, the exploitation and the unauthorized reproduction of the videographies of the Company also constitute an infringement of the rights of the personality and the right to the image of the persons appearing on these videographies. In case of infringement, an additional penalty may be incurred for this reason, on the basis of article 9 of the Civil Code.
Consequently, all the elements constituting the Company's Training courses must not be downloaded, transferred to third parties or used for professional or collective purposes. The provision of these elements to the Client is strictly reserved for the private use of the Client.

20 - PERSONAL DATA
In accordance with Law 78-17 of January 6, 1978, amended by the laws of August 6, 2004 and June 20, 2018, the Company undertakes to process the personal data of its Clients, solely to carry out its obligations under the Trainings it offers.
In this respect, it is reminded that the personal data requested from the Client is notably necessary for the order of the Training, its payment and execution, as well as for the establishment of invoices.
The Company also undertakes to guarantee the confidentiality of personal data processed in the context of the performance of its obligations.
Furthermore, as this data may be communicated to the Company's partners responsible for the execution, processing, management and payment of orders, the Company shall ensure that these partners provide the same sufficient guarantees as to the implementation of appropriate technical and organizational measures, so that the processing meets the requirements of the applicable regulations.
The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification and opposition with regard to the information concerning him.
The Client may, subject to the production of a valid proof of identity, exercise these rights by sending an email to the Company at the following address: contact@vibration-positive.info
If the Client no longer wishes to receive the Company's news, solicitations (by telephone, SMS, postal mail or email) and invitations, he/she may indicate this by sending an email to the address contact@vibration-positive.info

21 - MISCELLANEOUS

21.1 - Waiver
The fact that the Company does not take advantage, at a given time, of any of the provisions of the present contract, shall not be interpreted as a waiver by the Company of its right to take advantage of any of the said provisions at a later date.
21.2 - Validity / indivisibility
The invalidity, unenforceability, or more generally, the lack of effect of any of the stipulations of the General Terms and Conditions of Sale will not affect the other stipulations which will remain perfectly valid and binding.
21.3 - Substitution
The Company reserves the right to be substituted, in whole or in part, by any legal person(s) who has the same legal representative or who directly or indirectly controls the Company, within the meaning of Article L. 233-3, I, 1) of the French Commercial Code, for the benefit of the present contract, without remaining guarantor or being jointly and severally liable for the performance of the present contract and of all acts that will be the result of it or the consequence thereof

22 - CUSTOMER SERVICE
The Company's customer service department can be reached :
- by email at contact@vibration-positive.info

23 - AMICABLE SETTLEMENT OF DISPUTES
Customer claims must be made to the Company's customer service department (contact information mentioned in Article 17 hereof).
After having addressed a claim to the Company and in case of impossibility to find an amicable agreement, the consumer Customer is duly informed that he is entitled to resort to a mediation in accordance with the provisions of article L. 612-1 of the Consumer Code.

24 - APPLICABLE LAW AND COMPETENT JURISDICTION
The General Conditions of Sale are subject to French law.
Any dispute relating to these Terms and Conditions shall be brought before one of the courts having territorial jurisdiction under the Code of Civil Procedure.
The consumer Customer has the possibility of submitting any dispute relating to the present Terms and Conditions either to the jurisdiction of the place where the consumer lived at the time of the validation of his order, or to the jurisdiction of the place where the harmful event occurred.
In any case, the consumer Customer is duly informed that he is entitled to resort to mediation in accordance with the provisions of Article L. 612-1 of the Consumer Code and Article 19 hereof.

25- FRENCH AND FOREIGN VERSIONS
The present General Terms and Conditions of Sale are written in French. In case of contradiction or contradiction of meaning, they will prevail over any other version that would be written in another language at the request of the Customer.

26- Billing of management fees

By accepting the present General Terms of Sale, the Customer: expressly agrees to be charged a fee of 1€ for each training/product every 30 days to benefit from a quality and secure member space (HTTPS).

The fee covers the secure platform of their member area, as well as new updates to their member area.

This subscription can be stopped at any time by simply sending an email to our support: contact@vibration-positive.info

Customers will still have access to their member area, but will not have access to future updates of their member area.

27- Information about AJCM Trading OÜ
AJCM Trading OÜ is a company based in Estonia whose address is: Sõle 18 Tallinn

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