Sales General Conditions

TEE critical care master class Sales General Conditions

Article 1. Legal information

The Website is the property of TEE critical care master class, as SAS 949 207 088 R.C.S. Amiens 23/02/2023

TEE CRITICAL CARE GROUP

address: https://tee-critical-care-international-group.odoo.com/@/
The TEE critical care master class contact information is provided below:

Registered office: TEE critical care master class, as SAS 949 207 088 R.C.S. Amiens
E-mail address: TEE.critical.care@gmail.com
Telephone number: +33(0)664253214

The TEE critical care master class is the entity responsible for the afore mentioned Websites, the main purpose of which is to offer, via Internet, registration for critical care master class

Article 2. Recitals

The Website, electronically accessible at URL defined in article 3.9 here under are principally intended to provide information on current events in critical care echocardiography (congresses, publications, scientific developments) and documentation on critical care topics, and likewise to offer users memberships in various categories.
The Websites are aimed at a professional-level audience.
Any purchase of products or services from the Website implies that the Customer has read, understood, and accepted these Sales General Conditions.
The Customer states and acknowledges that he/she:

is of legal age and fully capable of undertakings in accordance with these Sales General Conditions;
is a professional in the field of medicine;
possesses sufficient technical knowledge to use the Websites.

The Customer acknowledges that he/she is provided with full details about the services and goods offered for sale on the Websites, both in terms of quality and quantity.

Article 3. Definitions

The terms herein below shall be defined by the parties as follows:

"Customer": designates the individual or entity making a purchase in his/ her professional capacity, of the products or services sold in the user account after logging in him/herself using personal credentials;
“Member”: designates a Customer who subscribes to a membership or fellowship;
"User account": designates a virtual space in the form of web pages within a Website aimed at professionals and accessed via the link www.escardio.org by means of a user name and password, in which the products and services offered to the Customer can be viewed;
"Party": designates either the TEE critical care group or the Customer when used in the singular, and both the Customer and the TEE critical care group when used in the plural;
"Products": the set of merchandise offered on the Websites by the TEE critical care group.
"Professional": any individual or entity that is not a consumer;
"Services": the set of services offered through the Websites by the TEE critical care group;
"User": any Internet user who has created a user account and accesses it using his/her user name and password.
"Website" or “Websites”: webpages accessible at URL https://tee-critical-care-international-group.odoo.com/@/

Article 4. Purpose

The Sales General Conditions herein are intended to define the conditions and procedures under which the products and services offered on the Websites are made available to the Customers by the TEE critical care master class.

Article 5. Enforceability of the Sales General Conditions

The Sales General Conditions herein are enforceable from the time they are accepted by the Customer.
The TEE critical care master class reserves the right to amend or change these Sales General Conditions at any time. The amended Sales General Conditions shall then apply to orders placed after the updated Sales General Conditions were posted on the Websites.
Moreover, the TEE critical care master class shall notify the Customers of any updates of the Sales General Conditions and when they apply.
In any case, the Sales General Conditions which are enforceable on the Customer are the latest update duly accepted by the Customer. The latest update shall prevail over any hard or soft copies with earlier dates.
The Sales General Conditions are available on the Website

Article 6. Credentials, user account, and password

In order to benefit from the products and services as described herein, Customers should create user accounts and log in using their user names and passwords.

Article 7. Availability and provision of products and services

Products and services

The following products and services are available on our Websites:

registration critical care echocardiography master class

Characteristics of the products and services

The characteristics of the products and services, as well as the prices, are described online.

Selection of products and services

The Customer chooses himself/herself the products and services offered by the TEE critical care master class
The Customer acknowledges that he/she is aware of the nature, the purpose, and the characteristics of the products and services, and that he/she has been provided the information necessary to place an order with full knowledge thereof.
The Customer is solely responsible for the selection of products and services, as well as for their appropriateness to his/her needs, such that the TEE critical care master class may not be held liable in this regard.

Transaction process

The provision of products and services implies full acceptance of these Sales General Conditions.
The transaction process required from the Customer to place any order consists of the following: registration to any course
The order will be processed only after payment is accepted. If the payment is rejected, the order shall be cancelled as a result.

Storage - Archiving

Contractual documents shall be electronically stored by the TEE critical care master class
The TEE critical care master class ensures customers can access significant contractual documents through their personal account.

Duration and cancellation

The TEE critical care master class could be canceled in case of insufficient participants through the sending of a notification to the e-mail address provided. This could happen until 45 days before the first day of the master class
The Customer may cancel the subscription through the sending of a notification to TEE.master.class@gmail.com not later than 2 months before the first day of the master class and will be entirely refunded
In case of TEE critical care cancellation the customer will be reimbursed entirely. In case of customer cancelation, the customer will not be reimbursed in case of cancelation less than 2 month before the first day of the course.

Article 8. Price

Prices for the various services, products, and subscriptions are available on the Websites.
Prices are shown as amounts in euros, taxes included. This price is the price that should be received by the TEE critical care group SAS Bank. All taxes should be payed by the customer.
Prices shown include the VAT applicable the day the order is placed and any change in the applicable VAT rate shall be automatically reflected in the prices of the services purchased.
Before the Customer confirms the order, the total amount of the order shall be shown in euros, with and without tax.

Article 9. Payment and invoicing

Depending on his/her preferences, the Customer may pay for his/her subscriptions by:

Paypal or bank to bank money transfer

Payment is due and payable once the transaction process is accepted.

Payment of subscription renewals is due upon the renewal date and must be made on line.

Any delayed or non-payment shall incur, with no prior notice being required.

The applicable interest rate shall be that used by the European Central Bank for its most recent refinancing operations plus 10 percentage points. This rate is the rate in force on 1 January of the relevant year for the first semester of the relevant year. The rate for the second semester of the relevant year is the rate applicable on 1 July of the relevant year.

These penalties shall be calculated on the total amount (taxes included) shown on the invoice and without prejudice to the right of the TEE critical care master class to claim compensation for damage related to late or non-payment. Penalties shall be payable from the day following the payment date shown on the invoice until the date of collection by the TEE critical care master class.

Any customer in arrears is considered a debtor, and shall be subject to a 40 euros penalty for recovery cost. If the recovery cost is higher, the TEE critical care master class may request additional compensation upon presentation of proof. However, the TEE critical care master class may not claim for payment in the event the debtor is put under protection, recovery, or judicial liquidation proceedings, which prohibit payment of the owed amount at the due date.

Article 10. Registration terms applied to events

The TEE critical care master class issues specific registration terms for each event (congresses, learning products), which are available in the event dedicated webpages. These specific Terms and Conditions supplement the present Sales General Conditions, however, in case of any contradiction between both texts, the specific conditions shall prevail.

Article 11. Customer service

A customer service is available enabling the Customer to carry out the following operations:

request information on products and services;
submit complaints about purchases made on line;
request general information or ask questions.

These requests may be expressed though the contact us form on our Websites .

Article 53-57 are not available

Article 12. Downloads

When specified on the Websites, some content may be downloaded. In such cases, the Customer shall be informed of the technical requirements, such as format, settings, and compatibility, in the Products area. The Customer hereby accepts that these requirements are additional to the Sales General Conditions provided herein.
The content available for downloading is copyrighted. Any total or partial reproduction and/or representation of any of this content shall subject the Customer to legal proceedings in accordance with the current provisions laid out in the Intellectual Property Code.

Article 13. Liability

The TEE critical care master class is not involved in the activities carried out by the Customer on the Websites, and is not in any way liable for any decisions made by the Customer such as advice, assessment, recommendations, appraisals, reviews, feedback(s), or any consideration, or services provided by the Customer based on the information or documents or any tool in any form, shown and/or available on the Websites.

Article 14. Force majeure

The TEE critical care master class shall not be held liable for failure to comply with the Sales General Conditions herein due to force majeure (in particular, to disturbances or partial or total strikes, especially of the postal services and transport or communications networks).
Moreover, the TEE critical care master class shall not be held liable for poor or non-performance of these Conditions owing to unforeseeable or uncontrollable events attributable to third parties or to the Customer.
In cases of force majeure, the TEE critical care master class shall not be liable for any reimbursements.

Article 15. Personal information

Personal information may be collected when the User is accessing to his/her User account, places orders, and completes his/her user profile or fills in forms.

Article 16. General provisions

Good faith

The Parties agree to carry out their obligations in a spirit of good faith.

Truth

The Parties declare that the present undertakings are true.
They also declare that, to the best of their knowledge, there is no element, if provided, would have changed the consent of the other party.

Entirety

The Sales General Conditions herein express the entirety of the parties’ obligations.
Unless specifically mentioned in the present Sale General Conditions, the Parties may not insert any of their general or special conditions and terms into this agreement.

Headings

In case of difficulties in the interpretation resulting from a contradiction between the title headings in these Sales General Conditions and any of the provisions, the said headings shall be declared void.

Nullity

If one or more provisions in these Sales General Conditions are deemed invalid or held as such in accordance with any applicable law or regulation or as the result of a final judicial decision by a court having jurisdiction, the remaining provisions shall remain in force to their full extent.

Tolerance

The parties mutually agree that tolerance by one of the parties of a situation does not grant the other party any rights thereof.
Furthermore, such tolerance shall not be interpreted as a waiver to exercise the said rights.

Independence of parties

Neither of the parties may enter into an undertaking in the name and on behalf of the other party.
Moreover, each of the parties is solely liable for its actions, statements, commitments, performance, products, and personnel.

Article 17. Cancellation-Termination

Should one of the parties fail to perform the obligations laid out herein without remedy for a period of 8 days from the sending of a registered letter with acknowledgment of receipt notifying the said failure, the other party may cancel or terminate the Sales General Conditions herein without prejudice to any damages to which it may be entitled hereunder.
Any cancellation or termination due to the Customer’s failure to perform his/her obligations under the present Sales General Conditions, and any Customer’s usage of the Websites or services contrary to the General Conditions of Use of the TEE critical care group Websites shall entitle the TEE critical care master class, without prior notice and without compensation, to:

deny the Customer’s total or partial access to the Websites;
shut down the Customer’s user account, the effects of the shutdown are governed by the "Shutdown and removal of user accounts" provisions

without prejudice to any damages to which the TEE critical care group may be entitled or any other remedy that may be open to the European Society of Cardiology.

Article 18. Proof and agreement on proof

Computerised records stored within the TEE critical care master class’s IT systems shall be kept under reasonably safety conditions and shall be considered as proof of communications, orders, and payments between the parties. These records shall prevail unless evidence to the contrary is supplied.
Safekeeping of contract documents, orders, and invoices is carried out on a reliable and durable backup media and can be produced as evidence.

Article 19. Applicable law

The present Sales General Conditions are governed by the laws of France.
It is likewise for both rules of substance and rules of form, notwithstanding the place of performance of the substantial or accessory obligations.

Article 20. Applicable jurisdiction

IN THE EVENT OF A DISPUTE ARISING OUT OF THE INTERPRETATION OR PERFORMANCE OF THESE SALES GENERAL CONDITIONS WITH A MERCHANT CUSTOMER, THE APPLICABLE JURISDICTION SHALL BE THAT OF THE SUPERIOR COURT OF GRASSE, NOTWITHSTANDING A PLURALITY OF RESPONDENTS OR THIRD-PARTY CLAIMS, INCLUDING FOR URGENT OR PROTECTIVE PROCEEDINGS, WHETHER URGENT OR ON-DEMAND.