General terms and conditions of sale of products sold on cesam.community.
Article 1: Definitions
Unless otherwise defined, the following terms have the following meanings:
– Candidate: means the natural person who will pass the CESAM Certification.
– CESAM Certificate: means the certificate issued by CESAMES upon successful completion of the online test.
– Buyer: person making a purchase
– Parties: means jointly and individually the Buyer and CESAMES.
– Site: refers to the website of the CESAMES association:
Article 2: Purpose
The present General Terms and Conditions of Sale determine the rights and obligations of the Parties in the context of the sale of the services offered by CESAMES.
Article 3: General provisions
These General Terms and Conditions of Sale (GTCS) apply to all sales of services and products made by the seller. The Seller reserves the right to modify these terms at any time by publishing a new version. The terms and conditions applicable are those in force on the date of payment of the order. These Terms and Conditions are submitted to customers at each sale. The Customer declares that he/she has read all of these General Terms and Conditions of Sale and, where applicable, the Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation. The Buyer acknowledges that he/she has received the necessary advice and information to ensure that the offer is suitable for his/her needs. The Buyer declares that he is in a position to enter into a legal contract under French law or validly represent the natural or legal person for whom he is engaged. In the absence of proof to the contrary, the information recorded by CESAMES constitutes proof of all transactions.
Article 4: Terms and Conditions CESAM Associate Certification
Registration for the CESAM Associate Certification will only be taken into account once the online payment has been made by credit card via our secure payment platform, the associated invoice will then be automatically generated.
The participant will then receive an email from the CESAMES team containing a login and password to pass the exam online.
The CESAM Certification must be completed within one month of the registration date. Passé ce délai, les informations d’identifications ne seront plus valables et aucune modification ne pourra être effectuée.
Additional informations related to the certification are available at the following link: https://cesam.community/en/product/pass-certification-cesam-associate/
4.2. Security of log in credentials
The Participant undertakes to keep his/her identifiers secret and not to communicate them to third parties. Any loss, misappropriation or unauthorised use of a Participant’s identifiers and their consequences are the sole responsibility of the Participant. If one of the identification elements of the Participant’s account is lost or stolen, the Participant must inform CESAMES without delay, which will then proceed to the cancellation and/or the immediate update(s) of the identifier concerned.
4.3. Sending of the certificate
After certification, the certificate is automatically sent by e-mail to the Participant in PDF format.
4.4. Resending of the certificate
In the event of loss of the certificate, the Applicant may request the resending of the certificate in PDF format at the following e-mail address: firstname.lastname@example.org.
4.5. Nature of the certificate
The CESAM Certificate indicates the name, the score of the Candidate and the date of the certification. The CESAM professional certification has no time limit. Once obtained, it is awarded without time limit
CESAMES does not give any guarantee on the nature of the Certificate, which is in no way a diploma or an aid to progress, but a simple level certificate. Consequently, the Participant will not be able to obtain a copy of his or her exam sheet under any circumstances. Similarly he will not be able to obtain either the details of his errors or the correction.
The Participant may use the CESAM ASSOCIATE certificate brand and logo provided that it is associated with the score obtained.
Article 5: Price of services
The prices of the services and products sold on the website are indicated in Euros excluding taxes on the product description pages. They are also indicated in euros including all taxes (VAT + other possible taxes) on the order page of the products.
For purchases from outside the European Union and/or French overseas departments and territories, the price (excluding tax) is automatically indicated on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in some cases. These rights and sums are not the responsibility of the Seller. They will be borne by the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). In this respect, the Seller invites the Buyer to obtain information on these aspects from the relevant local authorities.
CESAMES reserves the right to modify its prices at any time, but the products ordered will be invoiced at the price in force at the time the order is registered.
Article 6: Terms of payment
Orders are paid by credit card: Carte Bleue, Visa, Mastercard, American Express.
Secure online payment by credit card is provided by our payment provider. The information transmitted is encrypted, the website uses a secure SSL (Secure Socket Layer) payment module.
The transaction is immediately debited after the information is verified.
In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing his bank details at the time of the sale, the Customer authorises the Seller to debit his card for the amount ordered. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the order is immediately cancelled.
Article 7 : Right of withdrawal
In accordance with Article L. 121-20 of the French Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception, where applicable, of return fees”. “The period referred to in the previous paragraph shall start from the acceptance of the offer for the provision of services. This only applies to individuals. For professional customers, the buyer has no right of withdrawal. The right of withdrawal can be exercised by contacting CESAMES by post or e-mail at the following address: email@example.com.
However, in application of article L-121-20-3 of the French Consumer Code and in the context of CESAM Associate certification, registration may not be subject to a right of withdrawal once the Participant has used his/her token and started the online certification.
Article 8: Personal data and confidentiality
CESAMES ensures the security of the data hosted by it and undertakes to comply with the regulations in force, applicable to the processing of personal data and, in particular, Law No. 78-17 of 6 January 1978, as amended, relating to information technology, files and freedoms (known as the “Information Technology and Freedoms Act”), the LIL Act of 2004, as well as Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016, applicable as from 25 May 2018 (known as the “General Data Protection Regulation” or “the GDPR”).
CESAMES thus undertakes to collect only the data strictly necessary for the performance of the Service. In addition, each natural person whose data is collected for processing via the Service has a right of access, rectification, opposition, deletion, portability and limitation of the processing of information concerning him or her.
To exercise this right, please send a request to firstname.lastname@example.org. Your requests will be processed within one month. If there is reasonable doubt about your identity we may request additional information necessary to confirm your identity.
8.2. The Participant shall refrain from communicating to anyone, directly or indirectly, all or part of the information of any kind, whether commercial, industrial, technical, financial, personal, etc., which may have been communicated to him/her by CESAMES, or of which he/she may have become aware during the performance of this contract.
Article 9: Intellectual Property
Brands, domain names, course materials, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of CESAMES. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any purpose whatsoever is strictly prohibited.
Article 10 : Force majeure
Neither party shall be liable to the other party for any delay in performance or non-performance due to the occurrence of an event beyond the control of the parties which could not reasonably be foreseen at the time of acceptance of the GTC and the effects of which could not be avoided by appropriate measures.
The Party invoking force majeure shall notify the other Party in writing of the event, specifying the estimated duration during which it will affect the performance of this Contract.
Force majeure is expressly understood to mean (i) the cases usually retained by the jurisprudence of the French courts and (ii) any irresistible or unforeseeable or external event affecting the performance of the Contract by CESAMES.
Force majeure suspends the obligations of the party concerned for the duration of the force majeure if the event is temporary. Nevertheless, the Parties shall endeavour to minimise the consequences as far as possible. Failing this, if the impediment is definitive, the parties shall be released from their obligations under the conditions set out in Articles 1351 and 1351-1 of the Civil Code.
Article 11: Termination and its consequences
Except as otherwise provided herein, in the event of a serious breach by the Buyer of one of its contractual obligations, CESAMES may automatically terminate all or part of the contract contracted by the Buyer with CESAMES.
Article 12: Tolerance
It is formally agreed that any tolerance or waiver by one of the parties, in the application of all or part of the commitments provided for in this contract, whatever the frequency and duration, shall not constitute a modification of this contract, nor generate any right whatsoever, in particular the fact of not reporting a late payment.
Article 13: Partial nullity
In the event that one or more of the provisions hereof are deemed null and void, inapplicable or unenforceable by any competent court, the other provisions hereof shall remain valid, applicable and enforceable unless otherwise provided by such court. The Parties nevertheless agree that in such a case, they will negotiate in good faith replacement provisions which will be (i) valid, applicable and enforceable and (ii) consistent with the original intention of the Parties.
Article 14: Applicable law
These General Terms & Conditions of Sale are subject to French law. Any difficulties relating to the validity, application or interpretation of the GTC, which cannot be resolved amicably, shall be submitted, in the absence of an amicable agreement, to the Commercial Court of Paris, to which the Parties attribute territorial jurisdiction, regardless of the place of performance or the domicile of the defendant. This attribution of competence also applies in the event of summary proceedings, multiple defendants or a guarantee claim.