GENERAL TERMS AND CONDITIONS OF SALE

GENERAL TERMS AND CONDITIONS OF SALE

Updated February 10, 2021

The website www.consultlearnshare.com;

(hereinafter “the Platform”)

Is an initiative of the company MGSI, (hereinafter “MGSI” or the “SELLER”) SARL with a capital of 12,400 euros, registered under the number 192771 and whose registered office is located at 1 rue Bender, Luxembourg, L-1229, offers on its website www.consultlearnshare.com, a secure platform for the provision of, in particular, data protection, information security, legal or communication and marketing professionals (hereinafter the “PROVIDER”) referenced in order to enable professional clients (hereinafter the “CLIENT”) to benefit from CONSULTING SERVICES and training (in various fields of expertise) at a preferential rate.

PREAMBLE

MGSI publishes and operates the digital platform accessible at https://www. ConsultLearnShare.com (hereinafter the “PLATFORM”).

The PLATFORM proposes to put CONSULTING SERVICE providers (hereinafter the CONSULTING SERVICE PROVIDERS) in direct contact with professional clients (hereinafter the CLIENTS).

It is reminded that MGSI intervenes upstream as manager of the PLATFORM on the qualitative aspect by carrying out a due diligence examination (preliminary analysis) of the CONSULTING SERVICE PROVIDERS and as a technical intermediary putting the CONSULTING SERVICE PROVIDERS in contact with the CLIENTS.

The present general terms and conditions of sale (hereafter the GCS) express the entirety of the obligations of the three PARTIES (MGSI, the PROVIDER and the CLIENT). They constitute the unique and indivisible basis of the commercial relationship between the PARTIES, and, in this sense, the CLIENT is deemed to accept them without reserve. These GCS take precedence over any general terms and conditions of sale of the PROVIDER.

These GCS govern on the one hand the sale of CONSULTING SERVICES by MGSI to the CLIENT through the PLATFORM and on the other hand the sale of the CONSULTING SERVICE by the PROVIDER to the CLIENT.

DEFINITIONS

The terms mentioned below have the following meanings in these GTC:

“CLIENTS”: means any natural person of full age or legal entity subscribing to the CONSULTING SERVICES for its professional needs and who accesses the PLATFORM and wishes to benefit in a professional capacity from the PROVIDER’s CONSULTING SERVICES.
“ACCOUNT”: refers to the interface hosted on the PLATFORM in which all the data, personal or not, provided by the CLIENT is grouped together.
” PROVIDER “: refers to any professional, particularly in the fields of data protection, information security, law, communication and marketing, registered on the PLATFORM as an expert who offers CONSULTING SERVICES and/or TRAINING to CLIENTS.
“PLATFORM”: refers to the digital application accessible at the address https://www.consultlearnshare.com, including all the web pages hosted and CONSULTING SERVICES offered to the CUSTOMERS.
“CONSULTING SERVICES”: refers to any provision of CONSULTING SERVICES, in particular in the fields of data protection, information security, law, communication and marketing, for sale by a PROVIDER or by MGSI.
“TRAINING”: refers to any training, whether online, on site or in e-learning mode, provided by a PROVIDER or by MGSI.
“ACKNOWLEDGE OF RECEIPT“: refers to the e-mail sent to the CUSTOMER by MGSI summarising the essential elements of his contract or Profile and, to this end, including some of the elements of the Registration Form.
“CONFIDENTIALITY NOTICE”: refers to the notice ofconfidentiality and protection of Users’ Personal Data implemented by MGSI, which is an integral part of these GCS.
“GENERAL TERMS AND CONDITIONS OF SALE (GCS)”: refer to the present contract which constitutes the whole of the contractual relations between MGSI and the CLIENT on the one hand and the CLIENT and the PROVIDER on the other hand.
“COOKIES: For more information on cookies, please see our cookie policy.
“PERSONAL DATA (S)“: refers to the CUSTOMER’s personal data collected and processed by MGSI in the context of the creation and management of his Personal Profile and as defined in the PRIVACY NOTICE.
“REGISTRATION FORM”: means the form enabling the CUSTOMER to communicate his Profile to MGSI.
“IDENTIFIERS”: means the secret combination of a login (email address) and a password allowing the CUSTOMER to access his account.
“PROFILE”: refers to the information communicated by the CLIENT when registering or when logging on, namely the CLIENT’s personal data required to manage his order or access to the Site and the method of payment chosen for the CONSULTING SERVICES thus selected. It also refers to the Profile containing the information provided by the CLIENT.
“PROVIDER’S SHEET”: refers to the information communicated by the PROVIDER on the expert page, e.g. its price and availability to respond to a request for a CONSULTING SERVICE and/or TRAINING by the CLIENT.
“PACKAGE OF HOURS”: refers to the number of hours of CONSULTING SERVICES subscribed by the CLIENT for a designated PROVIDER.
“SITE”: refers to the website operated by MGSI accessible mainly from the URL https//www.consultlearnshare.com and allowing CUSTOMERS to access the PLATFORM via the Internet at https://www.consultlearnshare.com/customer-panel/ for the consultation client account and at the following address https://www.consultlearnshare.com/my-account/ for the e-learning client account.
“TRANSACTION”: refers to transactions that validate the subscription to a CONSULTING SERVICE, in the form of making an appointment for online consultation, quota of hours or TRAINING between the PROVIDER and the CLIENT, from the validation of payment and receipt of confirmation of payment of the order via email notification to the CLIENT and the PROFESSIONALS, under the terms of the contract concluded between MGSI and the CLIENT via the use of the Secure Payment CONSULTING SERVICE.

Terms defined herein shall have the same meaning whether used in the singular or plural.

I – THE GENERAL CONDITIONS OF SALE OF MGSI

ARTICLE 1 – PURPOSE

These General Terms and Conditions of Sale (GTCS) govern the sale of CONSULTING SERVICES by the PROVIDER to CLIENTS through the PLATFORM.

The present Terms and Conditions of Sale govern the provision by MGSI of a list of CONSULTING SERVICE PROVIDERS, whose skills and access to the profession, if applicable, have been verified, by country, by field of activity and speciality, likely to guarantee a qualitative level of CONSULTING SERVICE at preferential rates.

The payment of the said CONSULTING SERVICES is made directly to MGSI by an online payment which must be effective before any provision of CONSULTING SERVICE or TRAINING by the PROVIDER. To this end, an acknowledgement of payment confirmation will be issued by MGSI by electronic notification to the CLIENT and will constitute the starting point for the provision of the CONSULTING SERVICES.

Any order placed on the PLATFORM necessarily implies the unreserved acceptance of these General Terms and Conditions of Sale and the fact that the purchase of the CONSULTING SERVICE or TRAINING is made exclusively within the framework of the CLIENT’s professional activity.

ARTICLE 2 – ACCEPTANCE OF THE GENERAL CONDITIONS

The CUSTOMER must read these GCS carefully and accept them before proceeding with the payment of an order for CONSULTING SERVICES or TRAINING placed on the PLATFORM.

These GTC are referenced at the bottom of each page of the PLATFORM by means of a link and must be consulted and accepted before placing the order. The CUSTOMER is invited to read carefully, download, print the GCS and to keep a copy.

The CUSTOMER undertakes to read the GCS with each new order, the latest version of said GCS applying to any new order for CONSULTING SERVICES and/or TRAINING.

By clicking to confirm the order, the CUSTOMER acknowledges having read, understood and accepted the GCS without limitation or condition.

ARTICLE 3- CONTRACTUAL DOCUMENTS

The present GCS consist of this contractual document and, where applicable, the specific contractual stipulations published by the PROVIDER on its PROVIDER’S SHEET as well as the specifications of the order formally accepted by the CLIENT.

ARTICLE 4 – PRICES

The price of the CONSULTING SERVICE is displayed on the PROVIDER’S SHEET, at the time of booking in the case of a consultation or for the purchase of a PACKAGE OF HOURS. The price of the TRAINING is displayed on each page of the TRAINING.

The CLIENT can order and make an appointment directly online for a consultation of 30 minutes to 1.5 hours, depending on his needs and the PROVIDER’s offer. The CLIENT can also order, depending on the PROVIDER’s offer, PACKAGE OF HOURS of CONSULTING SERVICE (5h, 10h, 15h or 20h). These PACKAGEs of hours must be used, from the date before, within 3 months in the case of a PACKAGE of hours of 10 hours or less and within 6 months in the case of a PACKAGE of hours of more than 10 hours.

The price of the CONSULTING SERVICE may be modified at any time by the PROVIDER.

The purpose of the platform is for PROVIDERS to offer preferential prices compared to their usual rates.

If the CONSULTING SERVICES require additional hours of work beyond the package of hours, these will be invoiced at the usual rate charged by the PROVIDER and not at the rate displayed on the website.

ARTICLE 5 IMPACT PROCEDURE

In the event of an incident between the CLIENT and the PROVIDER encountered within the framework of the contractual relationship, MGSI’s liability cannot be sought in any way.

However, in the event of an incident outside the contractual relationship, MGSI will open an incident ticket.

In the event of an unfounded complaint, MGSI reserves the right to cut off the CUSTOMER’s access to the PLATFORM.

ARTICLE 6 – CUSTOMER INFORMATION

The CUSTOMER undertakes to order hours of CONSULTING SERVICES or TRAINING only for exclusively professional purposes and to use them only for its own account.

The CONSULTING SERVICE may not under any circumstances benefit a third party, except another person within the same company.

The CUSTOMER will be asked to provide information enabling him/her to be identified by completing the form available on the PLATFORM. The sign (*) indicates the mandatory fields that must be filled in for the CLIENT’s order to be processed by MGSI.

When purchasing a CONSULTING SERVICE or TRAINING, the CLIENT must provide the following information in particular: first and last names, telephone, e-mail the identifiers required to access his ACCOUNT.

In the event that the client is a legal entity, he will have to justify his power of representation.

The information that the CUSTOMER provides to MGSI, under its full and entire responsibility, when placing an order must be complete, accurate and up to date. MGSI reserves the right to ask the CUSTOMER to confirm, by any appropriate means, its identity, eligibility and the information provided.

ARTICLE 7 – ORDERS

7.1- Creating an ACCOUNT

After ordering a CONSULTING SERVICE, the CLIENT will receive an e-mail to proceed with the creation of his account.

On this ACCOUNT, the CLIENT will be able to configure his own information, surname, first name, telephone number, e-mail, and view his CONSULTING SERVICES and change the appointment date if necessary.

7.2- Characteristics of the CONSULTING SERVICES or TRAINING

Each PROVIDER endeavours to present as clearly as possible the main characteristics of the CONSULTING SERVICES in its PROVIDER’S S FILE or on the FORMATION page, and the mandatory information that the CLIENT must receive under applicable law. The CLIENT undertakes to read them carefully before placing an order.

It is specified that the PROVIDER reserves the right to modify the selection of the CONSULTING SERVICES and TRAINING available on the PLATFORM. The PROVIDER undertakes to indicate on his PROVIDER’S SHEET his availability to carry out the CONSULTING SERVICE.

7.3- Ordering procedure

Orders for CONSULTING SERVICES, PACKAGE OF HOURS and TRAINING are placed directly on the PLATFORM. To place an order, the CUSTOMER must follow the steps described below.

7.3.1- Selection of BENEFITS, PACKAGE OF HOURS or TRAINING

CONSULTING SERVICE

The CLIENT must select the PROVIDER of his choice by clicking on his PROVIDER’S SHEET or by the link BOOK AN EXPERT, select the CONSULTING SERVICE (PROVIDER), the date and time of the desired appointment by means of the calendar that appears.

PACKAGE OF HOURS

The CLIENT must select the PROVIDER of his choice by clicking on his PROVIDER’S SHEET or by clicking on the link BOOK AN EXPERT, select the desired PACKAGE OF HOURS, according to the PROVIDER’s offer.

TRAINING

The CLIENT must select the TRAINING of his choice by clicking on ‘Book a course’.

7.3.2- ORDERS

CONSULTING SERVICE

The CLIENT has the possibility of purchasing a consultation period from each PROVIDER by making an appointment online (lasting from 30 minutes to 90 minutes).

Once the CONSULTING SERVICE has been selected, the CLIENT must check that the content of its order is correct.

Once the CUSTOMER has validated the content of his order, a message will be displayed to his attention confirming the order to be validated.

The CLIENT is invited to check the content of its order (including the quantity and references of the CONSULTING SERVICES ordered, the billing address, the means of payment and the price) before validating its content.

After acceptance of these GCS and confirmation of having read the CONFIDENTIALITY NOTICE, the CLIENT may then proceed with the secure payment of the CONSULTING SERVICES by following the instructions on the PLATFORM and provide all the information necessary for invoicing.

The order will be definitively validated as of the full payment of the price of the CONSULTING SERVICES ordered in principal and accessory.

Once the order has been placed by the CLIENT, the PROVIDER must contact the CLIENT within 1 working day to send the connection link.

An order made by a CLIENT is automatically accepted by the PROVIDER except refusal by the latter in case of discovery of conflict of interest.

PACKAGE OF HOURS

The CLIENT has the possibility of purchasing, from the PROVIDERS, according to their respective offers, a PACKAGE OF CONSULTATION HOURS which he can use on request.

Once the PACKAGE OF HOURS has been selected, the CUSTOMER must check that the content of his order is correct.

Once the CUSTOMER has validated the content of his order, a message will be displayed to his attention confirming the order to be validated.

The CUSTOMER is invited to check the content of his order (including the quantity and the references of the PACKAGE OF HOURS ordered, the billing address, the means of payment and the price) before validating its content.

After acceptance of these GCS and confirmation of having read the CONFIDENTIALITY NOTICE, the CUSTOMER can then proceed with the secure payment of the PACKAGE OF HOURS by following the instructions on the PLATFORM and provide all the information necessary for invoicing.

The order will be definitively validated as from the full payment of the price of the PACKAGE OF HOURS ordered in principal and accessory.

Once the order has been placed by the CLIENT, the PROVIDER must contact the CLIENT within 2 working days.

An order made by a CLIENT is automatically accepted by the PROVIDER except refusal by the latter in case of discovery of conflict of interest.

TRAINING

The CUSTOMER has the possibility of purchasing online, face-to-face or e-learning training from TRAINING PROVIDERS via the TRAINING page.

Once the TRAINING has been selected, the CUSTOMER must check that the content of his order is correct.

Once the CUSTOMER has validated the content of his order, a message will be displayed to his attention confirming the order to be validated.

The CUSTOMER is invited to check the content of its order (including the quantity and references of the FORMATIONS ordered, the billing address, the means of payment and the price) before validating its content.

After acceptance of these GCS and confirmation of having read the CONFIDENTIALITY NOTICE, the CLIENT may then proceed with the secure payment of the TRAINING by following the instructions on the PLATFORM and provide all the information necessary for invoicing.

The order will be definitively validated as from the full payment of the price of the TRAINING ordered in principal and accessory.

Once the order has been placed by the CLIENT, the PROVIDER is required to contact the CLIENT to send him/her its FORMATION connection links not later than the day before the course.

An order made by a CLIENT will be formally accepted when the TRAINING has been carried out.

7.3.3- Acknowledgement of receipt

Once all the steps described above have been completed, an acknowledgement of receipt of the order is automatically sent to the CUSTOMER by e-mail, provided that the e-mail address given on the registration form is correct.

The Customer shall make payment at the time of final validation of the order to use the chosen method of payment. This validation takes the place of a signature.

The PLATFORM then informs the PROVIDER of the content of the order placed by sending a detailed e-mail.

7.3.4- Withdrawal

As the sale of CONSULTING SERVICES takes place between professionals, no right of retraction will be granted from the moment the acknowledgement of receipt is sent.

Consequently, once the PROVIDER has formally accepted an order and the CLIENT has received an acknowledgement of receipt, the CLIENT will no longer be able to cancel or modify its order, except to postpone an appointment with the CONSULTING SERVICE PROVIDER ordered.

7.3.5- Invoicing

During the order procedure, the CUSTOMER must enter the information necessary for invoicing (the sign – * – will indicate the mandatory fields that must be filled in for the CUSTOMER’s order to be processed by MGSI).

The CUSTOMER must then specify the chosen means of payment and, if necessary, provide his PACKAGE details before clicking on the button to confirm the order.

Neither the order form that the CUSTOMER draws up online, nor the acknowledgement of receipt of the order sent to the CUSTOMER by e-mail constitutes an invoice. Regardless of the method of order or payment used, the CLIENT will receive the original invoice after placing the order.

7.4- Prices

For all CONSULTING SERVICES, PACKAGE OF HOURS and TRAINING the CLIENT will find on the PLATFORM prices displayed in euros excluding taxes (€ HT), directly on the profile of the PROVIDER or on the TRAINING page.

Prices will be subject to taxes in force at the date of the order, in particular value-added tax (VAT) at the rate in force at the date of the order. Any change in the applicable rate before the CONSULTING SERVICE is performed may affect the price of the CONSULTING SERVICES from the date of entry into force of the new rate.

The applicable VAT rate is expressed as a percentage of the value (excluding VAT) of the CONSULTING SERVICE sold.

The prices indicated on the PLATFORM may change, particularly in the case of special offers or sales. Indeed, the PROVIDER or MGSI may decide to make exceptional promotional offers.

The prices indicated on the PROVIDER’S SHEET are valid, except in the case of gross error. The applicable price is the price indicated on the PLATFORM on the date the order is placed by the PROVIDER.

7.5- Availability of CONSULTING SERVICES

The CLIENT is clearly informed that the posted availability of the PROVIDER is provided by them to MGSI.

7.6. Time to use your order

The number of hours of the PACKAGE OF HOURS purchased must be used, as in the acknowledgement of receipt by MGSI of the correct receipt of payment, within a period of:

Three months, for PACKAGES OF HOURS of 10 hours or less.
Six months for PACKAGE OF HOURS of more than 10 hours.

ARTICLE 8 – PAYMENT

8.1- Means of payment

When the CUSTOMER chooses his means of payment, he will be redirected to the secure site corresponding to this choice in order to proceed with payment. In this case, the CUSTOMER declares that he is informed that all payments on the PLATFORM are made via PAYPAL or credit cards.

In this context, the CUSTOMER guarantees to MGSI that it holds all the authorizations required to use the chosen means of payment.

By communicating his credit card number, the CUSTOMER authorizes MGSI to debit the total amount of the order under the conditions set out in article 7.

All necessary measures will then be taken to guarantee the security and confidentiality of the data transmitted online in the context of online payment on the PLATFORM.

8.2- Refusal of payment

In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the flow of money owed by the CUSTOMER proves impossible, the order will be cancelled and the sale automatically terminated.

In the event of voluntary cancellation of payment by the CLIENT with no grounds, MGSI reserves the right to pursue the forced recovery of a sum equal to the amount of the unduly cancelled CONSULTING SERVICE.

ARTICLE 9 – LIABILITY

IMPORTANT

It is reminded that MGSI only acts as an intermediary between the CLIENT and the PROVIDER when placing an order for a CONSULTING SERVICE on the PLATFORM. For the rest, the realization of the sold CONSULTING SERVICE concerning only the CLIENT and the PROVIDER, the responsibility of MGSI can only be engaged because of this sale by MGSI.

MGSI cannot be held liable in any way in the event of non-performance or poor performance of the contractual obligations attributable to the PROVIDER.

MGSI shall not be held responsible, or considered to have failed hereunder, for any delay or non-performance, whatever the cause.

In its capacity as host, MGSI undertakes to promptly remove any manifestly illicit content as soon as it becomes aware of it. Notification of manifestly illicit content may be made by e-mail to info@mgsi.lu and by registered mail with acknowledgement of receipt to MGSI sarl 1 rue Bender L-1229, Luxembourg.

ARTICLE 10 – FORCE MAJEURE

The responsibility of MGSI in its relations with the CUSTOMER cannot be implemented if the non-execution or delay in the execution of one of its obligations described in the present GCS results from a case of force majeure. By force majeure is understood any cause that is foreign, unforeseeable, of an irresistible nature or whose effects would substantially modify the economic balance of the sale of the MGSI.

The events of strike, lockouts, fire, pandemic, flood, riot, war, shortage of fuel, energy, transport, materials, products necessary for the manufacture of the MGSI, etc., are considered as force majeure, even if they are only partial and whatever the cause.

ARTICLE 11 – PERSONAL DATA

With regard to the processing of personal data carried out on the PLATFORM, MGSI refers to the Customer to its Privacy Policy.

ARTICLE 11 – VALIDITY OF GTC – Proof

Any change in the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these GTC shall not affect the validity of these GTC. Such a modification or decision in no way authorizes the CUSTOMER to disregard all the other clauses of these GCS.

The PARTIES expressly agree that all their exchanges and actions carried out through the PLATFORM shall have evidential value and may be used in support of any of their claims before anybody, administration or court.

ARTICLE 12 – MODIFICATION OF THE GENERAL CONDITIONS

These GTC are precisely dated and may be modified and updated at any time. It is, however, specified that the applicable GTCs are those in force at the time of the order. Thus, the modifications made to the GCS will not apply to CONSULTING SERVICES already ordered.

ARTICLE 13 – ATTRIBUTION OF COMPETENCE AND APPLICABLE LAW

These GCS are governed by Luxembourg law. In the event of a dispute, only the French courts will be competent.

The PARTIES undertake, on pain of inadmissibility, to attempt to settle amicably any dispute arising between them concerning the interpretation, execution, resolution or termination of these GTC by referring the matter to a mediator.

FAILING AN AMICABLE AGREEMENT WITHIN SIX (6) MONTHS FROM THE DATE ONE OF THE PARTIES IS SEIZED OF THE MATTER, THE DISPUTE MAY BE SUBMITTED TO THE COURTS OF LUXEMBOURG, TO WHICH JURISDICTION IS EXPRESSLY ATTRIBUTED, NOTWITHSTANDING THE PLURALITY OF DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES, INCLUDING FOR EMERGENCY OR PROTECTIVE PROCEEDINGS, BY REFERENCE OR BY REQUEST.

II – THE PROVIDER’S GENERAL TERMS AND CONDITIONS OF SALE

ARTICLE 1 – PURPOSE

These General Terms and Conditions of Sale (GTCS) govern the sale of CONSULTING SERVICES and TRAINING by the PROVIDER to CLIENTS through the PLATFORM.

ARTICLE 2 – ACCEPTANCE OF THE GENERAL CONDITIONS

The CUSTOMER must read these GCS carefully and accept them before proceeding with the payment of an order for CONSULTING SERVICES or TRAINING placed on the PLATFORM.

The CUSTOMER undertakes to read the GCS with each new order, the latest version of said GCS applying to any new order for CONSULTING SERVICES or TRAINING.

By clicking to confirm the order, the CUSTOMER acknowledges having read, understood and accepted the GCS without limitation or condition.

ARTICLE 3 – CONTRACTUAL DOCUMENTS

The present GCS consist of this contractual document and, where applicable, the specific contractual stipulations published by the PROVIDER on the PROVIDER’S SHEET as well as the specifications of the order formally accepted by the CLIENT.

ARTICLE 4 – PRICES

The CLIENT can order and make an appointment directly online for a consultation of 30 minutes to 1.5 hours, depending on his needs and the PROVIDER’s offer. The CLIENT can also order, depending on the PROVIDER’s offer, PACKAGE OF HOURS of CONSULTING SERVICE (5h, 10h, 15h or 20h). These PACKAGES of hours must be used, from the date before, within 3 months in the case of a PACKAGE of hours of 10 hours or less and within 6 months in the case of a PACKAGE of hours of more than 10 hours.

The price of the CONSULTING SERVICE may be modified at any time by the PROVIDER.

The sale price of the TRAINING must be identical to the sale price indicated on the PROVIDER’s website.

The purpose of the platform is for PROVIDERS to offer preferential prices compared to their usual rates.

If the CONSULTING SERVICES require additional hours of work beyond the package of hours, these will be invoiced at the usual rate charged by the PROVIDER and not at the rate displayed on the Website.

ARTICLE 5 IMPACT PROCEDURE

In the event of an incident between the CLIENT and the PROVIDER encountered within the framework of the contractual relationship, MGSI’s liability cannot be sought in any way.

However, in the event of an incident outside the contractual relationship, the PROVIDER will inform MGSI so that it can open an incident ticket.

In the event of an unfounded complaint by the CUSTOMER, MGSI reserves the right to cut off the CUSTOMER’s access to the PLATFORM.

ARTICLE 6 – CUSTOMER INFORMATION

The CUSTOMER undertakes to order hours of CONSULTING SERVICES or TRAINING only for exclusively professional purposes and to use them only for its own account.

The CONSULTING SERVICE may not under any circumstances benefit a third party, except another person within the same company.

In the event that the client is a legal entity, it must justify its power of representation to the PROVIDER.

ARTICLE 7 – ORDERS

7.1- Characteristics of the CONSULTING SERVICES or TRAINING

The offers of CONSULTING SERVICES or TRAINING and more generally any content published on the PROVIDER’S FILES or on the TRAINING page are distributed by these PROVIDERS.

Each PROVIDER endeavours to present as clearly as possible the main characteristics of the CONSULTING SERVICES in its PROVIDER’S S FILE or the TRAINING, on the page of the TRAINING, and the mandatory information that the CLIENT must receive under the applicable law. The CLIENT undertakes to read them carefully before placing an order.

7.3- Ordering procedure

Orders for CONSULTING SERVICES, PACKAGE OF HOURS and TRAINING are placed directly on the PLATFORM. To place an order, the CUSTOMER must follow the steps described below.

7.3.1- Selection of CONSULTING SERVICES

CONSULTING SERVICE:
The CLIENT must select the PROVIDER of his choice by clicking on his PROVIDER’S SHEET or by the link BOOK AN EXPERT, select the CONSULTING SERVICE (PROVIDER), the date and time of the desired appointment by means of the calendar that appears.

PACKAGE OF HOURS:

TRAINING

The CLIENT must select the TRAINING of his choice by clicking on ‘Book a course’.

7.3.2- Controls

CONSULTING SERVICE:

The CLIENT has the possibility of purchasing a consultation period from each PROVIDER by making an appointment online (lasting from 30 min to 1:30 a.m.).

Once the CONSULTING SERVICE has been selected, the CLIENT must check that the content of its order is correct.

Once the CUSTOMER has validated the content of his order, a message will be displayed to his attention confirming the order to be validated.

The order will be definitively validated as of the full payment of the price of the CONSULTING SERVICES ordered in principal and accessory.

Once the order has been placed by the CLIENT, the PROVIDER must contact the CLIENT within 1 working day to send the connection link.

An order made by a CLIENT is automatically accepted by the PROVIDER except refusal by the latter in case of discovery of conflict of interest.

PACKAGE OF HOURS

The CLIENT has the possibility of purchasing, from the PROVIDERS, according to their respective offers, a PACKAGE OF CONSULTATION HOURS which he can use on request.

Once the PACKAGE OF HOURS has been selected, the CUSTOMER must check that the content of his order is correct.

Once the CUSTOMER has validated the content of his order, a message will be displayed to his attention confirming the order to be validated.

The order will be definitively validated as from the full payment of the price of the PACKAGE OF HOURS ordered in principal and accessory.

Once the order has been placed by the CLIENT, the PROVIDER must contact the CLIENT within 2 working days.

An order made by a CLIENT is automatically accepted by the PROVIDER except refusal by the latter in case of discovery of conflict of interest.

TRAINING

The CUSTOMER has the possibility of purchasing online, face-to-face or e-learning training from TRAINING PROVIDERS via the TRAINING page.

Once the TRAINING has been selected, the CUSTOMER must check that the content of his order is correct.

Once the CUSTOMER has validated the content of his order, a message will be displayed to his attention confirming the order to be validated.

The order will be definitively validated as from the full payment of the price of the TRAINING ordered in principal and accessory.

Once the order has been placed by the CLIENT, the PROVIDER is required to contact the CLIENT to send him/her its FORMATION connection links not later than the day before the course.

An order made by a CLIENT will be formally accepted when the TRAINING has been carried out.

7.3.3- Acknowledgement of receipt

The PLATFORM then informs the PROVIDER of the content of the order placed by sending a detailed e-mail.

7.3.4- Withdrawal

As the sale of CONSULTING SERVICES takes place between professionals, no right of retraction will be granted from the moment the acknowledgement of receipt is sent.

7.3.5- Invoicing

The CUSTOMER must then specify the chosen means of payment and, if necessary, provide his PACKAGE details before clicking on the button to confirm the order.

7.4- Prices

For all CONSULTING SERVICES, the CLIENT will find on the PLATFORM prices displayed in euros excluding taxes (€ HT), directly on the PROVIDER’s profile.

The applicable VAT rate is expressed as a percentage of the value (excluding VAT) of the CONSULTING SERVICE sold.

The prices indicated on the PLATFORM may change, particularly in the case of special offers or sales. Indeed, the PROVIDER may decide to make exceptional promotional offers, after having informed MGSI by e-mail.

The prices indicated on the PROVIDER’S SHEET or on the TRAINING page are valid unless there is a gross error. The applicable price is the price indicated on the PLATFORM on the date the order is placed by the CLIENT.

7.5- Availability of CONSULTING SERVICES

The CLIENT is clearly informed that the posted availability of the PROVIDER is provided by them to MGSI.

7.6. Time to use your order

The number of hours of the PACKAGES OF HOURS purchased must be used, as in the acknowledgement of receipt by MGSI of the correct receipt of payment, within a period of:

3 months, for PACKAGES OF HOURS of 10 hours or less.
Six months for PACKAGE OF HOURS of more than 10 hours.

ARTICLE 8 – LIABILITY

IMPORTANT

It is reminded that MGSI only acts as a simple intermediary between the CLIENT and the PROVIDER when placing an order for a CONSULTING SERVICE on the PLATFORM. For the rest, as the realization of the sold CONSULTING SERVICE only concerns the CLIENT and the PROVIDER, MGSI’s responsibility can only be engaged because of this sale by MGSI.

MGSI’s responsibility cannot be engaged in the event of non-performance or poor performance of the contractual obligations attributable to the PROVIDER.

MGSI shall not be held responsible, or considered to have failed hereunder, for any delay or non-performance, whatever the cause.

ARTICLE 9 – FORCE MAJEURE

ARTICLE 10 – PERSONAL DATA

With regard to the processing of personal data carried out on the PLATFORM, MGSI refers to the Customer to its Privacy Policy.

ARTICLE 11 – VALIDITY OF GTC – Proof

ARTICLE 12 – MODIFICATION OF THE GENERAL CONDITIONS

ARTICLE 13 – ATTRIBUTION OF COMPETENCE AND APPLICABLE LAW

These GCS are governed by Luxembourg law. In the event of a dispute, only the French courts will be competent.

IF NO AMICABLE AGREEMENT IS REACHED WITHIN SIX (6) MONTHS FROM THE DATE ONE OF THE PARTIES IS SEIZED OF THE MATTER, THE DISPUTE MAY BE SUBMITTED TO THE COURTS OF LUXEMBOURG, TO WHICH JURISDICTION IS EXPRESSLY ATTRIBUTED, NOTWITHSTANDING THE PLURALITY OF DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES, INCLUDING FOR EMERGENCY OR PROTECTIVE PROCEEDINGS, BY REFERENCE OR BY REQUEST.