ARTICLE 1 - Scope of application

These General Terms and Conditions of Sale apply to all orders placed on the https://academy.upsidestrength.com/ website.

A ‘customer’ is considered to be any individual or legal entity placing an order with this site that has been validated by our secure payment platform, by cheque, or any other authorized means of payment.

https://academy.upsidestrength.com/ reserves the right to adapt or modify these General Terms and Conditions of Sale. In the event of modification, the General Terms and Conditions of Sale in force on the day of the order (or on the first payment in the event of multiple payments) will be applied to each order.

ARTICLE 2 - Orders

Orders are accepted by means of a double-click procedure consisting of a first purchase click leading to an order verification page, followed by a second click for final validation of the purchase. Once your order has been entered, a confirmation e-mail will be sent to you and your order recorded. Upon receipt of this order, you will receive the information you need to download the product. The customer undertakes to provide a valid email address in order to receive the product ordered. Electronic information products will be downloaded by the customer, who may use them on his or her computer or print them at his or her own expense. Any order implies acceptance of these General Terms and Conditions of Sale.

The customer undertakes to provide truthful identification details.

An order is considered valid and accepted only when https://academy.upsidestrength.com/ has acknowledged receipt.

ARTICLE 3 - Availability of items

As long as our offers (and their prices) are visible on https://academy.upsidestrength.com/, they are valid. When a product ordered is unavailable, the customer will be informed by e-mail. If the product is not available and the customer places an order, he or she may withdraw at any time and obtain a refund of the sums paid.

Certain products may be pre-marketed before they are available. In this case, this information will be explicitly mentioned on the sales page.

ARTICLE 4 - Prices

The prices indicated in euros are deemed to be net, excluding delivery charges. The price is payable in full in a single installment when the order is placed. In the event of payment in several installments, the customer must pay the full amount. All orders are invoiced and payable in euros. https://academy.upsidestrength.com/ reserves the right to change the prices of its services at any time.

The cost of accessing the https://academy.upsidestrength.com/ website is borne by the customer.

ARTICLE 5 - Delivery methods and delivery times

Products are delivered in electronic format in the form of downloads or access to a secure platform. The delivery time may not exceed seven working days unless there is a problem beyond the control of the supplier. The customer is solely responsible for any failure to deliver due to an incorrect address given when the order was placed.

ARTICLE 6 - Payment

Payment is due immediately upon ordering, including for pre-ordered products. Payment may be made by any of the methods authorized on the Paypal sales pages, by bank transfer, or by cheque. The customer is subject to PayPal's conditions of use. Secure online payment by credit card is made via a third-party payment system. The information transmitted is encrypted in accordance with the state of the art and cannot be read during transport on the network. Any guarantee as to the security of this system is entirely the responsibility of the subcontractor and cannot be imputed to us. Once payment has been initiated by the customer, the transaction is immediately debited after verification of the information.

The commitment to pay by card is irrevocable. By communicating his/her bank details at the time of the sale, the customer authorizes the seller to debit his/her card for the amount relating to the price indicated. The customer confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the sale will be canceled immediately and the order canceled. Payment by cheque is not possible.

ARTICLE 7 - Product Quality

In accordance with articles L.120-20 et seq. of the French Consumer Code: ‘the consumer has a period of 14 (fourteen) clear days to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception, where applicable, of the cost of returning the goods’. These return costs may vary depending on the product purchased. Each refund resulting from a payment made via Paypal, credit card, or bank transfer may incur fixed return costs of around 10% of the total amount of the sale as bank charges resulting from the multiple transactions required and, as a result, the multiple commissions levied by the payment service providers. The seven-day period runs from the date of receipt of the items.

The aforementioned period runs from receipt in the case of goods or acceptance of the offer in the case of services.

However, in accordance with article L.121-20-2 of the French Consumer Code, this right of withdrawal may not be exercised for: the sale of books or dematerialized or digitized works, or video or audio training courses, or participation in a web conference, on a one-off basis (i.e. without a subscription), as the sending of link(s) enabling the digital file(s) to be downloaded or viewed is irreversible by nature.

Thus, the User expressly acknowledges and accepts (i) that the provision of the services begins immediately after the order has been validated, i.e. before the end of the fourteen (14) clear day period stipulated in the French Consumer Code, and (ii) consequently acknowledges and accepts that he/she does not benefit from the right of withdrawal associated with online sales.

Consequently, orders for dematerialized or digitized books or works, video or audio training courses, or participation in a web conference, will be deemed to be firm upon confirmation and, except in special cases, may not give rise to any exchange or refund.

In the event that a customer persists in requesting a contentious refund, in particular when the request is made within a period shorter than the duration of the course, for example, the seller reserves the right to apply the law in accordance with Article L121-21-8 of the French Consumer Code.

In the case of a purchase via a marketing platform, the guarantee may be extended in accordance with the General Terms and Conditions of Sale specific to this platform.

The seller reserves the right, in accordance with article L. 122-1 of the Consumer Code, to refuse the order, for example, for any abnormal request, made in bad faith or for any legitimate reason.

In the event that a customer, already dissatisfied with a product, persists in buying products again and systematically requests reimbursement, https://academy.upsidestrength.com/ reserves the right to refuse disputed requests.

The customer must report any dispute arising in connection with their order (download error, inability to access the product, etc.) within 14 (fourteen) days. Any dispute not reported within this period may result in the cancellation of the money-back guarantee.

It should be emphasized that the results achieved by the products sold on https://academy.upsidestrength.com/ naturally depend on the correct application of the advice given. The success of the methods explained and taught depends in part on the user's commitment to assimilating the techniques given and practicing them so that they produce the desired results.

ARTICLE 8 - Customer acceptance

The customer declares that he/she has read all of these General Terms and Conditions of Sale, and any Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation. The prices are expressly approved and accepted by the customer, who declares and acknowledges that he/she is fully aware of them. The customer acknowledges that he/she has received the necessary advice and information to ensure that the offer meets his/her needs, and the act of purchasing implies acceptance of these General Terms and Conditions of Sale.

ARTICLE 9 - The contract

This contract comes into force at the time of payment (or the first payment in the case of multiple payments) of the order by the buyer (including for pre-ordered items). It is concluded for the duration necessary for the supply of the products by https://academy.upsidestrength.com/ and until the end of the guarantees and obligations, this information is provided directly on the product sales page.

ARTICLE 10 - Right of use and reproduction

All texts, illustrations, trademarks, domain names, products, and videos contained in the products and services referred to herein, whether directly or under sub-license from a third party, are protected by copyright and database rights, in accordance with the French Intellectual Property Code. More generally, all information subject to intellectual property rights is and remains the exclusive property of the seller.

These General Terms and Conditions of Sale do not transfer any intellectual property rights.

The customer shall refrain from using the products and services for any purpose other than purely documentary purposes and shall refrain from publishing, distributing, or selling, in any way whatsoever, the content accessed. Any other use not covered by the Intellectual Property Code is subject to prior written authorization.

ARTICLE 11 - Responsibility

The customer is solely responsible for consulting, selecting, using, and interpreting the documentation provided. We cannot be held liable, either to third parties or to the customer, for the consequences of the use of the search results by the customer, or for omissions following an unsuccessful, defective, partial, or erroneous search, or for the misuse of the answers and texts consulted.

Consequently, we may not be held liable, under any express or tacit obligation, towards the customer or third parties for any direct or indirect damage arising from the use of the information, and in particular as a result of inaccurate or incomplete information, an indexing error or a delay in putting the information online.

Under no circumstances may we be held liable for any damage whatsoever, in particular operating loss, loss of data, or any other financial loss resulting from the use or inability to use the products and services referred to herein. In addition, any assistance provided free of charge in the use of the products and services shall not create any additional guarantee in relation to these conditions.

Performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent performance thereof. The seller will notify the customer of the occurrence of such an event as soon as possible.

Article 12 - Protection of personal data

In accordance with the French Data Protection Act of 6 January 1978, you have the right to question, access, modify, oppose, and rectify any personal data concerning you. We declare all our files to the Commission Nationale de l'Informatique et des Libertés (CNIL). By entering your email address, you will receive emails containing information and promotional offers about our products. You can unsubscribe at any time. All you have to do is click on the link at the end of our emails.

ARTICLE 13 - Applicable law

All clauses contained in these General Terms and Conditions of Sale, as well as all purchase and sale transactions referred to herein, shall be subject to French law.

In the event of a dispute, the customer will first contact the publisher

of https://academy.upsidestrength.com/, Upside Strength Sàrl, for an amicable solution. Failing this, the courts of Nyon (Switzerland) will have sole jurisdiction.