General terms and conditions of sale

Last updated : March 3, 2024


Before any purchase, please accept our general terms and conditions of sale and use above.


If you have any questions, please do not hesitate to contact us by e-mail : kvnroulandsw@gmail.com

Preamble

The general terms and conditions of sale and services (hereinafter referred to as the "General Terms and Conditions") of the company KIVENCORP, consisting of both the present Preamble and the clauses that follow it, are concluded between, on the one hand, the company KIVENCORP as described in the document "Legal Information" and, on the other hand, the Customer, meaning the person having placed an order via the Internet site of the company KIVENCORP.


The purpose of these General Terms and Conditions of Sale (hereinafter referred to as "GTC") is to govern all the rights and obligations of the parties in the context of all transactions concluded for consideration on the https://www.flexibility-unlock.com website (hereinafter referred to as the "Site").


The site https://www.flexibility-unlock.com is the exclusive property of the company KIVENCORP (hereinafter the "Company" ; "KIVENCORP" ; the "Seller" ; "us"), whose address is : 60 Rue François 1er, Paris 75008, France. Registered under number 940 218 514 00013.


By subscribing to any product and/or service presented on the https://www.flexibility-unlock.com website, customers declare their unreserved acceptance of these general terms and conditions of sale.


These general terms and conditions constitute the entirety of the rights and obligations of the parties within the framework of their contractual relations.


No specific condition, at the customer's initiative, may be added to and/or replace these general conditions.


The fact that the site https://www.flexibility-unlock.com does not take advantage of a breach by the customer of any of the obligations contained herein shall not be interpreted for the future as a waiver of the obligation in question.

Article 1 : Scope of application

These general terms and conditions apply to all transactions concluded via the websites of the KIVENCORP company network. A "Customer" is defined as any individual or legal entity placing an order with the KIVENCORP company, validated via our secure payment platform, wishing to have access to Flexibility Unlock course, in all its formulas and forms, including documents, ancillary products, sold via the Site and the associated domains and sub-domains (hereinafter the "Course").


These GTC are available on the Site and shall prevail, where applicable, over any other version or any other contradictory document.

Article 1 bis : Age limit

Age restrictions apply : The company KIVENCORP only accepts customers over the age of 16 (for physical and electronic products) and over 18 (for services : coaching, workshops, seminars). We do our best to restrict access to our sites, products and services to minors.


Even if the content of our products and services is not of a shocking nature, we prefer to address a mature audience capable of understanding the implications and responsibilities.


Any newsletter subscriber who does not meet these criteria (age over 16) will be immediately deleted from our database as soon as this fact is brought to our attention. Similarly, any customer who does not meet these criteria will not be entitled to a refund for services rendered.

Article 2 : Purpose and acceptance of the general conditions

The purpose of these General Terms and Conditions is to define the conditions of supply and purchase of online courses for professional, consumer and non-professional customers, which includes the procedures for using the https://www.flexibility-unlock.com Site.


Any use of the website and the platform to benefit from the Service implies acceptance of and compliance with all the terms of these General Terms and Conditions. The General Terms and Conditions can be accessed at any time on the Website and shall prevail over any other version. These General Terms and Conditions take effect on the date of their update as indicated at the top of these General Terms and Conditions.


Acceptance of the General Terms and Conditions is made at the time of validation of the Customer's order. The Company ensures that acceptance is clear and unreserved by setting up a checkbox and a validation click.


By proceeding to payment, the Customer indicates his unreserved acceptance of these General Terms and Conditions. By accepting the General Terms and Conditions, the Customer warrants that he/she is capable of contracting under the law of his/her country of residence. In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions. The Customer contracts a subscription for personal use only and declares that he/she will not resell, distribute or rent to third parties the products and services received as part of the various subscriptions.


Customers who fail to comply with this undertaking may be prosecuted. By accepting, the Customer acknowledges that, prior to placing any order, he/she has received sufficient information and advice from the Company on the Site, enabling him/her to ensure that the contents of his/her order are suited to his/her needs.

Article 3 : Characteristics of the products

For a detailed presentation of the Course offered by the Company, the Customer is invited to visit https://www.flexibility-unlock.com. The online Course ining is provided in English or French by the Company in its latest updated version at the date of the Customer's order. The Site indicates which version of the Course is sold. The parties agree that illustrations or photos of products offered for sale have no contractual value.


The books, films and other works of the mind are published by the company KIVENCORP (hereinafter "the Products"), the sole holders of the exploitation rights for these works. The Products are delivered exclusively in electronic form, by download or streaming. The graphic presentation of the Products on the Site are illustrations only. Their presentation may therefore be modified when downloaded.


The order specifies the content and characteristics of the Course, which includes - but is not limited to - course hours, access to documents, and support services. Except in the case of exceptional sales, these characteristics, listed precisely by type of Course registration formula, can be found on the Site.


The services offered on the https://www.flexibility-unlock.com website are provided for information and experience-sharing purposes only, and are not to be considered as coming from a health professional such as, for example, a general practitioner, an osteopath or a physiotherapist. The Customer is solely responsible for the use he makes of the services offered on the site https://www.flexibility-unlock.com.


The services offered on the https://www.flexibility-unlock.com website are intended for non-professionals and professionals. It is therefore forbidden to register for a program or product offered by https://www.flexibility-unlock.com in order to take advantage of the tools offered on the site https://www.flexibility-unlock.com, with a view to using, reproducing or distributing, in any way whatsoever and for any purpose whatsoever, the information, techniques, know-how and methods used and transmitted in the course of any service offered on the site https://www.flexibility-unlock.com. These elements are the property of the company KIVENCORP.

Article 4 : Ordering

Any order placed on a site belonging to the company KIVENCORP implies full and unreserved acceptance of these general conditions of sale. The placing of an order on the site https://www.flexibility-unlock.com is carried out via an online payment form on the site https://www.flexibility-unlock.com. Any order placed on the https://www.flexibility-unlock.com site constitutes the formation of a contract concluded remotely between the Customer and the Seller.


To place an order, the Customer is invited to enter his/her personal details (surname, first name, address, etc.), then to select the Service according to the payment method he/she prefers, and to enter his/her bank details. By ticking the appropriate box before proceeding with the online ordering procedure and accepting the general terms and conditions of use of the https://www.flexibility-unlock.com/ website, the Customer declares that he/she has read and accepted these General Terms and Conditions of Sale.


The customer checks the summary information of his order before validating it and proceeding to the payment phase using the double-click method. The first click is used to validate the order, and the second click is used to definitively confirm the order after checking and, if necessary, correcting it. Once your payment card has been pre-registered and you have provided your billing details and email address, you can place a one-step order subject to these GTC, which formalizes the contract with the Company.


The Service is delivered at the rates in force on the Site, at the time the Customer's order is registered by the Company. Before confirming the order, the purchaser may check the details of the order and its price, and correct any errors, or cancel the order.


Once the order has been placed, the customer receives an e-mail confirmation providing information about the order and a link to the general terms and conditions applicable to the order. The customer must therefore have a valid electronic mailbox for sending and receiving e-mails. Otherwise, the Customer will not be able to receive written confirmation of the order.


Once confirmed and accepted by the Company, under the conditions described above, the order cannot be cancelled, except in the event of the exercise of the right of retraction, force majeure, the exercise of a commercial guarantee or any other case provided for by the present General Terms and Conditions, the law or an enforceable court decision.


The effective date and time of the contract takes effect upon acceptance of payment by the Customer's bank. The sale will only be considered definitive once the Company has sent the Customer confirmation of acceptance of the order by e-mail, and once the full price has been received, or the first monthly instalment in the case of payment by instalments or subscription.

Article 5 : Prices

The prices of products and services sold through the website are indicated in US Dollars excluding VAT and are precisely determined on the product description pages. They are indicated in US Dollars including all taxes (VAT if applicable + any other taxes) on the product or service order page. The VAT rate is adapted to European countries according to the laws in force. These prices are firm and non-revisable during their period of validity, as indicated on the day the order is placed.


Prices take into account any discounts granted by the Vendor under the conditions specified on the website or on the payment form. Prices may be revised in the event of promotional offers or one-off operations. The price and content of Coursemay vary according to the formula selected by the Customer. The Course can be delivered under different formulas at different prices.


The prices of products and services may be modified at any time. However, the rate applied to an order will be the one announced at the time the order is placed. The payment requested from the Customer corresponds to the total amount of the purchase, after the order has been placed. In all cases, the total amount due by the purchaser is indicated on the order confirmation page.


Products and services remain the property of the Company until full payment has been received.

Article 6 : Payment

Payment is due immediately on the order date, including for pre-ordered products. To pay for the order, the customer may choose from the payment methods offered when validating the order form : Paypal or credit card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). We do not accept American Express.


However, it is possible to pay for products or services offered by https://www.flexibility-unlock.com by bank transfer if both parties agree.


In the event of payment by credit card, the Customer expressly acknowledges that the communication of his credit card number and or SEPA direct debit to the company KIVENCORP constitutes authorization to debit his account up to the total amount corresponding to the Products ordered or the registration for Services. The amount will be debited as soon as the contract is concluded.


The customer's payment details when ordering and paying by credit card are processed automatically by the secure payment service provider STRIPE (https://stripe.com/fr/payments/payment-methods-guide#cartes). The company reserves the right to use any other payment service provider (PSP).


The information transmitted is encrypted by state-of-the-art software and cannot be read during transport over the network. Any guarantee as to the security of this system is entirely the responsibility of Stripe or Paypal, who have a proven track record and handle millions of secure payments every day, and cannot be held against us.


Payment of the full price of the order must be made at the time the order is placed ; receipt of full payment by the company KIVENCORP triggers the provision of the Product and/or registration for the Service(s).


The company KIVENCORP may, in exceptional cases, grant payment in several instalments, particularly in view of the amount to be paid and its knowledge of the customer concerned. However, the company KIVENCORP is under no obligation to grant such terms of payment. The Customer may request this by contacting the customer service department of the company KIVENCORP at kvnroulandsw@gmail.com.


The Customer guarantees the company KIVENCORP that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the order form. The company KIVENCORP reserves the right to suspend any order in the event of refusal of authorization of payment by bank card on behalf of the officially accredited organizations or in the event of non-payment.


The company KIVENCORP reserves the right to refuse to honor an order from a customer who has not fully paid the present order or partially paid a previous order or with whom a payment dispute is being administered.


The customer confirms that he is of legal age, the legal holder of the card to be debited and that he is legally entitled to use it. The company KIVENCORP reserves the right to implement an order verification procedure designed to ensure that no person uses another person's bank details without their knowledge.


As part of this verification, the customer may be asked to send a copy of an identity document by email or post to the company KIVENCORP, proof of address and a copy of the credit card used for payment (a copy of both sides, taking care to leave only the first 4 and last 2 digits of the number on the front, and hiding the cryptogram and the full number of the credit card, which may appear on the back of the card), as well as a KBIS less than 3 months old for companies. The order will be validated only after receipt and verification of the documents sent.


However, in the event of fraudulent use of a bank card, the customer is invited to contact us as soon as this is discovered, without prejudice to any steps that the Customer may have to take with his or her bank.


In the case of bank transfer or PayPal, where the Company provides for this on the order page, access codes for the Course will only be sent on receipt of payment, generally within 24 hours.

Article 7 : Terms of order execution and delivery

The services and products offered on the https://www.flexibility-unlock.com website are delivered exclusively by electronic means, to the e-mail address indicated by the customer when placing the order. Consequently, the company KIVENCORP cannot be held responsible in the event of an error in entering the customer's e-mail address when ordering.


Similarly, the company KIVENCORP or its representatives cannot be held responsible for errors in content, viruses or any other element that may affect the integrity of the customer's electronic system, as well as any technical failure of its secure online payment system, whatever it may be.


The Site is accessible free of charge to anyone with Internet access. All costs relating to access to the Site, whether hardware, software or Internet access, are the sole responsibility of Users. The User is solely responsible for the proper functioning of his/her computer equipment and Internet access.


The order will be delivered automatically by an autoresponder service (link allowing the creation of a member space) at the latest within twenty-four (24) hours from the date and time the customer placed the order, subject to acceptance of payment by the customer's bank. In any event, the Course is provided for an unlimited period from the date of delivery of the access rights.


In the event of non-receipt of these products due to a technical fault on the seller's or buyer's site, or computer failure, the buyer may send an e-mail to kvnroulandsw@gmail.com in order to quickly resolve the situation, or to assist the customer after acquisition of the product.


The customer must have an internet connection and a computer or tablet to be able to access the services. If the customer misplaces his/her login and password when placing an order, he/she may submit a request within 48 hours for his/her member access to be reinitialized. In such cases, the subsequent provision of identifiers to the member platform will release the site https://www.flexibility-unlock.com from all liability towards the customer.


The Customer shall be liable for any unauthorized, fraudulent or abusive use of his access codes. The customer shall inform KIVENCORP without delay of the loss or theft of the access keys. In case of violation of the access keys, KIVENCORP reserves the right to suspend the Course , without compensation, notice or prior information.


In accordance with the legal provisions in force, the site https://www.flexibility-unlock.com guarantees the customer against any defects in conformity of the services and products delivered. In the event of non-conformity or malfunction of one of these products or services, the customer must make any claim by e-mail, to the e-mail address kvnroulandsw@gmail.com, no later than the second working day following the order.


Any complaint made after this deadline and/or not carried out in accordance with the aforementioned procedures will be rejected without possibility of recourse and will release the site https://www.flexibility-unlock.com from any liability towards the customer.


The purchase of the Course includes any updates of the latter, without this giving rise to additional invoicing, and until the Course is taken offline at the discretion of KIVENCORP, without this being analysed as any breach of its obligations. It is specified that KIVENCORP is under no obligation to carry out updates.

Article 8 : Right of withdrawal

Customers are informed that in accordance with the provisions of articles L. 221-18 to L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for digital products. In fact, when ordering Products, the Customer has given his prior consent and has expressly waived his right of withdrawal.


They are immediately available after payment, and are therefore not eligible for any refund or retraction, except in the case where the Seller opts for this possibility, which must be clearly mentioned with the conditions specified (money-back guarantee, for example).


The legal withdrawal period is therefore void from the moment the product ordered is downloaded and/or accessible. No refunds are made after the product has been ordered. No refund will be made after receipt of login and password. No refunds will be made if there is a connection to the member platform. No refunds will be made after downloading all or part of the product ordered.

Article 9 : Guarantees

In accordance with Article L.411-1 of the French Consumer Code, the products and services offered for sale under these GTC comply with current regulations relating to personal health and safety, fair trading and consumer protection. Independent of any commercial guarantee.


In accordance with the law, the seller assumes the guarantees of conformity and relative to the hidden defects of the products. The seller will reimburse the buyer for products that do not correspond to the order placed. Requests for refunds should be sent by e-mail to the following address : kvnroulandsw@gmail.com


KIVENCORP undertakes to make every effort to provide the Course during the period agreed in the order, except in the event of a breakdown or technical constraints related to the specificities of the Internet network or third-party solutions used. The Customer may benefit from the Course modules and services within the limits of reasonable use.


The customer undertakes to inform KIVENCORP within 24 hours of the discovery of a technical malfunction. In the absence of reservations or complaints expressly made by the Customer upon receipt of the Services, the latter shall be deemed to conform to the order, in quantity and quality.


In the event of interruption of service by KIVENCORP due to corrective maintenance, KIVENCORP will make every effort to remedy the malfunction within a reasonable time.


The security and integrity of Internet communications cannot be guaranteed. KIVENCORP declines all responsibility concerning the consequences linked to technical failures of the Site or in relation to it, notably concerning any difficulty in accessing the Course platform.


The Course sold on the Internet site complies with the regulations in force in the European Union. KIVENCORP cannot be held responsible in the event of non-compliance with the legislation of the country in which the Course is available on the Internet, which it is the Customer's responsibility to check.

Article 10 : Communication and Customer references

Customers agree to be cited by KIVENCORP as a participant in a course program organized by KIVENCORP or as a user of one or more of the products or services of the Course.


KIVENCORP is thus authorized to mention the name of the Customer as well as an objective description of the nature of the course, object of the contract, in its lists of references and proposals to the attention of its prospects and customers, in particular on the Site, interviews with third parties, communications to its personnel, internal management planning documents, annual report to shareholders, as well as in the event of legal, regulatory or accounting provisions requiring it. Customers who do not wish to be named must inform the Company in advance.


By accepting the GTC, the customer authorizes the reproduction and representation of photographs and videos taken during an event organized by the Company or on its initiative. Consequently, the customer authorizes the company KIVENCORP to distribute the images taken during this event. The images may be exploited and used directly in all forms and media known and unknown to date without any time limit (press, brochures, posters, internet...) to promote the activities of the company KIVENCORP.


The customer acknowledges that he/she is fully entitled to his/her rights and may not claim any remuneration for the use of the rights referred to in the present paragraph. The same conditions as those described in the previous paragraph are applicable to image and/or author's rights on videos and photographs sent by the customer to the Company to give his/her opinion and/or testify on the Company's products and services.

Article 11 : Intellectual property

The products and services offered on the https://www.flexibility-unlock.com website, as well as, more generally, the entire content presented on this site, are and remain the property of the company KIVENCORP, in accordance with the rules applicable to intellectual and industrial property.


No transfer of intellectual property rights is made through these GTC. Access to the Site does not confer any right on the User to the intellectual property rights relating to the Site, which remain the exclusive property of the Company or its Partners.


To this end, all content and teaching aids in whatever form (paper, electronic, digital, oral, video, etc.) used by KIVENCORP to provide the Course, its bonuses and ancillary services remain the exclusive property of KIVENCORP.


Any reproduction, transfer or exploitation of any of these products and/or services, in any manner whatsoever, without the consent of their author, is strictly forbidden and will result in the offender being subject to all legal, penal and/or civil consequences provided for by law.


In particular, access to the Course provided to the customer in return for payment of the price requested at the time of the order is strictly personal and non-transferable, and must under no circumstances be shared with third parties for the purpose of enabling them to benefit from the contents of the Course in particular. In the event of unauthorized transfer or communication of content, the customer shall be held liable on the basis of articles L.122-4 and L.335-2 and following of the American intellectual property code, derived from European law.


In any case, KIVENCORP remains the owner of its tools, methods and know-how developed before or during the Service provided to the Customer.

Article 12 : Confidentiality

The Parties undertake to maintain the confidentiality of all information obtained during the conclusion or negotiation of the present conditions or relating to its object or execution, and more particularly with regard to the content of the courses made available or provided by the Vendor, as well as any information relating to the other Party.


By way of exception, this undertaking shall not apply if :

- disclosure is required by an applicable law to the extent required by such law, and provided that prior notice has been given to the other Party ;

- if disclosure is required by an administrative authority having jurisdiction over the said Party, to the extent required ;

- if disclosure is necessary for a Party to benefit fully from its rights hereunder, and subject to prior notification to the other Party ;

- if, in the absence of misconduct by a Party, the information is already publicly known ;

- if disclosure has been previously authorized in writing by the other Party, to the extent authorized.

Article 13 : Customer's personal information

The company KIVENCORP - responsible for processing - reserves the right to collect nominative information and personal data concerning you. The personal information collected for the purposes of distance selling is mandatory, as this information is essential for the processing and routing of orders, the preparation of invoices and guarantee contracts, and the creation of a customer file. Failure to provide this information will result in the order not being validated. The Company tracks traffic on the Site.


The various information requested from the Customer when placing an order is necessary for processing the order and may be communicated to the various contractual partners of the company KIVENCORP (accountants, lawyers, etc.), as well as to any competent authority, in the context of any dispute that may arise during the course of the contractual relationship between the parties. Data is stored on a reliable and secure server.


In the course of providing their services, third parties have only limited access to the data and are obliged to use it in accordance with the provisions of the applicable legislation on the protection of personal data.


The personal data concerning them is subject to automated processing for the purposes of commercial prospecting and management of the service and customer relations. Customers are informed that this data may be subject to statistical analysis by the company KIVENCORP and may be transferred to third parties and partners if the customer has expressly consented to this.


The information requested in the forms available on the site, marked with an asterisk, is compulsory and necessary for the management of customer requests. Failure to answer a mandatory field will make it impossible to process customer requests. Personal data will not be kept longer than is strictly necessary for the purposes indicated.

Article 14 : Protection of personal data

In accordance with Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the General Regulation on the Protection of Personal Data ("RGDP") n°2016/679. The seller implements personal data processing whose purpose is the sale of products and services defined in this contract.


By adhering to these general terms and conditions of sale, you acknowledge that you have read our personal data protection policy and consent to our collection and use of such data.


By entering your email address on one of the sites of our network, you will receive emails containing information and/or promotional offers concerning products published by the company KIVENCORP or by other partners.


You can unsubscribe at any time. All you have to do is click on the link at the end of our emails. This link is preceded by the words "To unsubscribe or change subscriber options visit:". Our newsletter complies with the French Data Protection Act.


The Customer or any person concerned by the processing has, in accordance with the conditions of the applicable law, a right of access, rectification, limitation of processing, opposition to processing, portability, erasure as well as a right not to be the subject of an automated decision including profiling. The data subject also has the right to withdraw consent at any time.


To exercise these rights, please contact kvnroulandsw@gmail.com. Any person affected by data processing has the right to lodge a complaint with the data protection authority in his or her country.


In accordance with regulations, we ask you to enclose proof of identity with your request, and to indicate the address to which we can reply. A reply will be sent within one month of receipt of the request. Customers also have the right to lodge a complaint with their data protection authority.


In the event of a complaint, the customer may lodge a complaint with the CNIL (Commission Nationale de l'Informatique et des Libertés). For further information, the Customer may consult the Seller's privacy policy.


In addition, THE SELLER undertakes not to communicate, either free of charge or in exchange for payment, the contact details of its customers to third parties. If the data is transferred outside the EU, the Customer will be informed and the guarantees taken to secure the data will be specified.

Article 15 : Force majeure or fortuitous events

The Company may not be held liable for any technical or software failure or for any cause beyond its control, including in the event of an over-volume of access requests.


The Company may not be held liable if the non-performance or delay in performance of any of its obligations described in these general terms and conditions of sale is due to a fortuitous event or force majeure. Force majeure is defined as any external, unforeseeable and irresistible event within the meaning of article 1148 of the French Civil Code.


In addition to those normally recognized by the jurisprudence of the French Courts and Tribunals, the following are considered to be cases of force majeure or fortuitous event, without this list being restrictive : strikes or industrial disputes within or outside the Company, natural disasters, fire, interruption of telecommunications, interruption of energy supply, interruption of communications or transport of any kind, or any other circumstance beyond the reasonable control of the Company.


The seller will notify the Customer of the occurrence of such an event as soon as possible.

Article 16 : Liability

KIVENCORP cannot be held responsible for any technical or software failure or any other cause beyond its control. Whatever the type of Service, KIVENCORP's liability is expressly limited to compensation for direct damages proven by the Customer. With respect to professional customers, KIVENCORP's liability is limited to the amount of the price paid by the customer for the Service ordered.


Under no circumstances shall KIVENCORP be held liable for indirect damages such as loss of data, file(s), operating loss, commercial loss, loss of earnings, damage to the image and reputation of the Customer. KIVENCORP shall not be held liable for any disputes arising between the Customer and its own customers.


The Company reserves the right to interrupt, temporarily suspend or modify, without notice, access to all or part of the Site, in order to ensure maintenance (in particular by means of updates), for security reasons or for any other legitimate reason, without the interruption giving rise to any obligation or compensation.


The Company uses all reasonable means at its disposal to ensure continuous, high-quality access to the Site, but is under no obligation to do so. In particular, the Company cannot be held responsible for any network or server malfunction or any other event beyond its reasonable control, which may prevent access to the Site. In the event of a lasting network or service provider malfunction, the Company undertakes to offer a replacement solution to ensure continuity of service.


The Company does not act as a training organization within the meaning of the French Labor Code. The Company does not provide courses that are datadocked or reimbursable by training organizations.


The Company makes no express or implied guarantees, including, but not limited to, those relating to the continuity, performance, results or durability of the benefits derived by the customer from the course and/or support services, which depend entirely on their concrete and effective application by the customer, and are subject to contingencies.


The use and exploitation of the information provided as part of the Course services are the sole responsibility of the Customer, and at his/her own risk, which he/she expressly accepts. In this respect, the Customer is solely responsible for his or her interpretation of the information provided as part of the Course.


The Company does not guarantee any minimum result to the Customer. Any estimate of potential results that the Customer may achieve is indicative only. Any "challenge" established as part of a Course program does not in any way constitute a guarantee of results.


It is expressly agreed that illustrations, diagrams, screenshots or photos presenting the Course or linked to the Course have no contractual value, and the Customer may not rely on them to justify any claim against the Vendor.


Unless otherwise specified at the time the order is placed, a minimum response time is not guaranteed for Customers wishing to contact the Course trainers and experts, who will endeavour to get back to the Customer within a reasonable time.

Article 17 : Suspension - Termination of account

The company KIVENCORP reserves the right to suspend or terminate the account of a Customer who would contravene the provisions of the General Conditions in particular in the event of violation by the latter of the intellectual property rights of KIVENCORP and any infringement of the Course, or in a general way with the applicable legal provisions, without prejudice to all damages which could be requested by the company KIVENCORP.


Any person whose account has been suspended or closed will not be able to order subsequently or create a new account on the Site, without the prior authorization of the company KIVENCORP.

Article 18 : Archiving - Proof

Certain data used to establish proof of a right or contract may be subject to an intermediate archiving policy for a period not exceeding that required for the purposes for which they are kept, in accordance with the provisions in force.


Purchase orders, order confirmations and invoices will be archived on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1348 of the French Civil Code.


The computerized registers of the company KIVENCORP, kept in reasonable conditions of security, will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

Article 19 : Applicable law - Language

These general terms and conditions of sale are governed by French law. They are written in French. Should they be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute. The General Terms and Conditions, as well as all purchase and sale transactions referred to therein, are governed by the law of the Customer's place of jurisdiction.

Article 20 : Miscellaneous provisions

In general, the customer and the company KIVENCORP expressly accept the possibility of exchanging information via email. The correspondence address of the company KIVENCORP will be kvnroulandsw@gmail.com


The General Conditions may be modified by the company KIVENCORP at any time in order to integrate, on the one hand, any legislative or jurisprudential modification applicable in particular to e-commerce and, on the other hand, any technical or technological evolution improving the Site.


Such modification or decision in no way authorizes customers to disregard the GTC. The Customer may also be asked to accept the modified General Terms and Conditions. The applicable GTC are those in force on the date of payment (or first payment in the case of multiple payments) of the order. In case of refusal of the new GTC, KIVENCORP is free to put an end to the present commitment.


If any provision of these General Terms and Conditions is invalid, it shall be deemed unwritten, but this shall not invalidate the contractual provisions as a whole. Any tolerance or waiver by one of the Parties, in the application of all or part of the commitments made within the framework of the present General Terms and Conditions, whatever the frequency and duration thereof, shall not constitute a modification of the General Terms and Conditions, nor generate any right whatsoever.

Article 21 : Information for consumers

For consumer information purposes, the provisions of the French Civil Code and Consumer Code are reproduced below :


Article 1641 of the French Civil Code : The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them.


Article L. 217-4 of the French Consumer Code : The seller delivers goods in conformity with the contract.


Article L. 217-5 of the French Consumer Code : The goods conform to the contract :


1° - Whether it is fit for the use normally expected of similar goods and, where applicable :

If it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model ;

If it has the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or his representative, particularly in advertising or labelling ;


2° - Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article 22 : Disputes

In the event of a dispute, the Customer shall first contact the Company to attempt to find an amicable solution. The present amicable settlement procedure constitutes a compulsory prerequisite to the institution of legal proceedings between the Parties. Any legal action brought in breach of this clause will be declared inadmissible.


In accordance with the provisions of art. L. 611-1 to L. 616-3 of the French Consumer Code, the consumer is hereby informed that he/she may have recourse to a consumer mediator, in particular the Mediator of the Professional Federation of E-Commerce and Distance Selling (FEVAD), under the conditions laid down in Title I of Book VI of the French Consumer Code.


In the event of failure to contact the seller's customer service department, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will attempt, in complete independence, to bring the parties together in order to reach an amicable solution. You can find the mediator at https://www.economie.gouv.fr/mediation-conso


Thus, all disputes to which the purchase and sale operations concluded in application of the present general terms and conditions of sale may give rise, concerning both their validity, interpretation, execution, termination, consequences and follow-up, and which could not be resolved amicably between the Vendor and the Customer, will be subject to the jurisdiction designated hereinafter.


The mediator will attempt, independently and impartially, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator. In this context, any European consumer may also refer to the Online Dispute Resolution (ODR) platform, accessible at the following URL address : https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage


The Company's liability to the Professional Customer is expressly limited to compensation for direct damage proven by the Professional Customer. Under no circumstances may the Company be held liable for indirect damage such as loss of data or files, operating loss, commercial loss, loss of earnings, or damage to the image or reputation of the Professional Customer.

Article 23 : Attribution of jurisdiction

All disputes arising out of or in connection with the present contract and the agreements resulting therefrom, concerning their validity, interpretation, performance, resolution, consequences and follow-up, shall be submitted to the Tribunal de Commerce de Paris (including emergency or conservatory proceedings in summary proceedings or by petition), and notwithstanding multiple defendants or the introduction of third parties.

Article 24 : Pre-contractual information

Prior to placing an order and entering into a contract, the Customer acknowledges having been provided, in a legible and comprehensible manner, with these General Terms and Conditions of Sale and with all the information listed in article L. 221-5 of the French Consumer Code, and in particular with the following information :


- the essential characteristics of the Services, taking into account the communication medium used and the Service concerned ;

- the price of the Services, digital service or digital content ;

- in the absence of immediate execution of the contract, the date or deadline by which the Vendor undertakes to provide the Services ordered ;

- information concerning the identity of the Vendor, its postal, telephone and electronic contact details, and its activities, if not apparent from the context,

- information on legal and contractual warranties and how they apply ;

- the functionalities of the digital content and, where applicable, its interoperability ;

- the possibility of resorting to conventional mediation in the event of a dispute ;

- information to the effect that the consumer does not benefit from this right or, where applicable, the circumstances in which he loses it ;

- the means of payment accepted.