TERMS OF SERVICE

TERMS AND CONDITIONS OF SALE OF SERVICES AND PRODUCTS


PREAMBLE


The purchase of a property or service from PHOENIX BRAIN RISING constitutes a full and unreserved implicit acceptance of these terms and conditions.
It is therefore important for the customer to read them before placing any order or subscription.
It is forbidden to collect or use the personal data on this site.
It is strictly forbidden to copy the content of this site and publish it on another physical or digital medium without the consent of PHOENIX BRAIN RISING
It is advisable to refer regularly to this page, which is subject to change.
All information on this site is given as an indication and information. This information may prove inaccurate, the site can not be held responsible.
The customer is solely responsible for the use he makes of the services and services offered by the site phoenixbrainrising.co and the responsibility of the company PHOENIX BRAIN RISING of its manager and / or associates, its agents and / or any other any person intervening on the occasion of any one of the services and services proposed on the site phoenixbrainrising.co, could not be sought for all the consequences, whatever they are, of any use and / or malicious application, inappropriate or illegal of these services and services by the customer, in any way whatsoever.
The content of our videos, podcasts and articles are not the subject of scientific studies and is only the assumption of its author. Audiovisual content must be watched, listened to and read with discernment. The examples in our courses are for illustrative purposes only. They are subjective and in no way reflect a universal truth.
The analyzes conducted by Laura Brown have no contractual value and in no event constitute an offer to sell or a solicitation to purchase products and services outside of PHOENIX BRAIN RISING except for content sponsored by a third party, in this case, we will mention it.
The responsibility of PHOENIX BRAIN RISING as well as its managers and service providers can not be held liable for any error, omission or improper investment.


ARTICLE 1: SCOPE


These terms of use and sale apply to all transactions with PHOENIX BRAIN RISING.
PHOENIX BRAIN RISING reserves the right to modify at any time these terms and conditions, without the need to inform or obtain the agreement of any person.
The general conditions applicable will be those in force at the time of delivery of the products or services.
In fact, the very nature of the Internet as well as any maintenance and development of the site can not guarantee availability, and can not therefore be held responsible for unavailability and / or malfunctions.
The user using the phoenixbrainrising.co site is under its sole and entire responsibility, no action can be brought against the PHOENIX BRAIN RISING who could in no case be held responsible for any damage that is material (including loss of data, software, programs ...) or financial.


ARTICLE 2: PUBLIC CONCERNED AND AGE LIMITATION

PHOENIX BRAIN RISING aims to offer a range of products and services to professionals and individuals.
Age restrictions apply:
The participation of minors implies an explicit agreement of parents or guardians, and can only be done under their supervision and after explicit agreement of PHOENIX BRAIN RISING.
SAS Brown & Co does its best to restrict access to its sites, products and services to minors. Even though the content of the products and services is not shocking, PHOENIX BRAIN RISING prefers to address a mature audience who can grasp the complexity, implications and responsibilities of the world of work, entrepreneurship and financial investments.
Any subscriber to the newsletter that does not meet these criteria will be immediately removed from the database as soon as this fact is brought to the attention of PHOENIX BRAIN RISING. Similarly, any customer who does not meet these criteria will be immediately refunded. return of the product (s) concerned will be required.

ARTICLE 3: PRODUCTS AND SERVICES


The products and services comply with the French legislation in force and PHOENIX BRAIN RISING can not be held liable in the event of non compliance with the legislation of another country of destination.
From the moment the offers are marketed on the site, they are valid within the limits of stocks and available places.
In case of unavailability, the customer will be informed by email and contacted to determine if the order will be canceled or will be transferred to another product or service.
The photos on the site are "presentation suggestions", ie the images do not always correspond exactly to the product that the customer will receive in the end or events to which he can participate. These photos are therefore non-contractual and given as an indication and therefore no claim related to these will be admissible.
The goal of well-being and the satisfaction of the participants, including the "staff", can lead the PHOENIX BRAIN RISING to make, at any time, modifications of places, dates and structures. The customer declares to accept without reserve, without the need for prior agreement and without the possibility of requesting a refund or compensation, this possibility of change.

ARTICLE 4: PRICES

PHOENIX BRAIN RISING is a French company of the type SAS subjected to the French legislation on the VAT.
The prices are therefore in euros all taxes included, whatever the country of destination and / or geographic location of the customer, excluding postage and order processing for products, and for services, unless otherwise specified and if applicable, excluding travel expenses, catering and accommodation which are in full at the expense of the customer.
Prices can be changed at any time. However, the rate applied will be the price in effect at the time of the order, except in case of modification of the legal VAT rate in force which will be the one applied on the day of delivery of products and services, without possibility of any request. compensation or refund from the client.
Any other duties and taxes, whatever they may be (customs, import, local or state taxes, etc ...) will remain if any in full at the expense of the customer who declares to accept this without reservation and the fact of having carry out by its own care, and without any intervention or involvement of SAS Brown & Co, all the necessary legal declarative and payment procedures with the competent authorities.
This rule is also valid for any requests of "tax-free" type.

ARTICLE 5: PAYMENT

In the context of purchase on the site phoenixbrainrising.co, payment is due immediately on the date of the order, including for products pre-order or pre-sale.
In the case of a secure online payment by credit card, the transaction will be carried out through a specialized company that can ensure that the information transmitted is encrypted by a state-of-the-art software, and not can be read during transport on the network. Any guarantee as to the safety of this system is entirely the responsibility of the specialized company and can not be attributed to PHOENIX BRAIN RISING.
In order for registration to a service to be taken into account, a registration form will have to be completed by the customer and
- delivered by hand to a representative authorized by PHOENIX BRAIN RISING
- sent by post to PHOENIX BRAIN RISING
- be sent by email to the address http: //hello@phoenix-paris.com
- or through the validation by the customer of an electronic form relating to this information that he must communicate for the proper processing of his order.
And necessarily accompanied
- the payment, a non-refundable deposit, of 30% minimum of the public rate in force at the time of the order, unless otherwise specified and specific agreement for the service concerned.
Unless specifically agreed upon and / or a special payment staging offer previously communicated and / or confirmed in writing by an authorized representative of / by PHOENIX BRAIN RISING, service registration and / or product order will be deemed to be definitive for PHOENIX BRAIN RISING to receive the full public rate inclusive of all taxes, which will be the trigger for delivery. This cashing must occur no later than 7 days before the actual start of services. Otherwise, PHOENIX BRAIN RISING reserves the right, by simple written notification and without notice or formality, to vacate space for another participant, without this giving rise to any refund in favor of the customer.
Depending on the products and services, and depending on the descriptive specifications that will be linked to them, payment can be made according to the means confirmed, accepted and indicated by the company PHOENIX BRAIN RISING (credit card, transfer, PayPal ...)
In addition to all the provisions stipulated in this article, it is specified that any delay in payment will automatically entail:
the application of a penalty for covering recovery costs of € 40 (knowing that a surplus could be requested if the collection costs actually incurred exceeded this lump sum)
In addition, it is specified that no discount will be granted in case of advance payment and that no interest will be paid by SAS Brown & Co for the sums paid by the customer, at any time and in any form that it is, in particular for the deposit of non refundable deposit of reservation evoked above.
Secure settlement
The payment of the trainings and programs is made thanks to the world leader of the online payment Paypal and Stripe. The regulations are secure and in case of questions you can contact us directly by email.

ARTICLE 6: DELIVERY


The delivery of products is made to the physical or electronic address that the customer has indicated when ordering and is solely responsible for the information he has provided.
In case of error or address not explicit enough, the consequence of which could be a wrong delivery, no responsibility of PHOENIX BRAIN RISING can not be committed.
PHOENIX BRAIN RISING states that no product insurance is underwritten as part of the deliveries. And in the event that the customer requests it, this would be done only after written agreement of the PHOENIX BRAIN RISING and entirely to the load of the customer who will have to carry out by his own care, and without any participation or implication of the PHOENIX BRAIN RISING, all the necessary steps.
PHOENIX BRAIN RISING does not accept or consider delivery (and returns) in cash on delivery.
Registrations for services delivered by PHOENIX BRAIN RISING are registered and non-transferable except with the written consent of PHOENIX BRAIN RISING, which reserves the right to refuse access to the delivery of the service concerned to any person who is not registered by name. for this service.
In accordance with Article L 138-1 of the Consumer Code, PHOENIX BRAIN RISING delivers the goods or provides the service on the date or within the time indicated to the consumer, in accordance with 3 ° of Article L. 111-1 unless the parties have agreed otherwise.
In the absence of indication or agreement as to the date of delivery or performance, PHOENIX BRAIN RISING delivers the goods or performs the service without undue delay and no later than thirty days after the conclusion of the contract.
Delivery means the transfer to the customer of physical possession or control of the property.
In the event of the same order relating to products and / or services whose announced dates would be different, it is the date of the most distant delivery which will be taken into account. It is further understood that the product and / or service will be deemed delivered as soon as the order is validated if it will be a product and / or service that requires a download, and for which the rights of use will be non-transferable and non-exclusive.
In accordance with Article L 138-2 of the Consumer Code, in the event of PHOENIX BRAIN RISING's failure to deliver the goods or provide the service on the date or at the end of the period laid down in the first paragraph of Article L. 138-1 or, failing this, at the latest thirty days after the conclusion of the contract, the customer may resolve the contract, by registered letter with acknowledgment of receipt or by writing on another durable medium, if, after having ordered SAS PHOENIX BRAIN RISING to carry out the delivery or provide the service within a reasonable additional period, the latter has not been executed within this period.
The contract will be considered resolved upon receipt by PHOENIX BRAIN RISING of the letter or writing informing it of this resolution, unless PHOENIX BRAIN RISING has been executed in the meantime.
Nevertheless, the customer will be able to immediately resolve the contract if the PHOENIX BRAIN RISING refuses to deliver the goods or to provide the service or when it does not fulfill its obligation of delivery of the good or supply of the service on the date or the expiry of the period provided for in the first paragraph of the same Article L. 138-1 and that this date or this period constitutes for the customer an essential condition of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or an express request from the customer before the conclusion of the contract.
In accordance with Article L 138-3 of the Consumer Code, if the contract is resolved under the conditions set out in Article L. 138-2, PHOENIX BRAIN RISING will be required to reimburse the customer for all the amounts paid within fourteen days of the date on which the contract was terminated. The amount paid by the customer will be automatically increased by 10% if the refund is made at the latest thirty days beyond this term, from 20% to 60 days and 50% later.
In accordance with Article L 138-4 of the Consumer Code, any risk of loss or damage to property is transferred to the customer at the time when the latter or a third party designated by him, and other than the carrier proposed by the PHOENIX BRAIN RISING will physically take possession of his property.

ARTICLE 7: CANCELLATION, RETURN, REFUND CONDITIONS - RIGHT OF WITHDRAWAL - SATISFACTION GUARANTEE


In accordance with Article L121-21 of the Consumer Code, the customer has a period of 14 calendar days from the date of purchase for a service or the date of receipt for a product, to exercise his right to retract.
If he wishes to exercise this right, the customer must draw up a declaration expressing without ambiguity his will to retract and send it to PHOENIX BRAIN RISING by registered letter with acknowledgment of receipt.
The implementation of its right of withdrawal has the effect of obliging the customer to return or return the goods to PHOENIX BRAIN RISING without delay, and at the latest within 14 days from the exercise of his right, in their strict and complete original condition (packaging, documents, accessories, etc ...)
In this case, the customer will bear either the direct costs of returning the goods or an amount corresponding to the service provided if the customer has requested that the service begins before the end of the withdrawal period. The refund will be made by PHOENIX BRAIN RISING by the same means of payment used by the customer to make his purchase. In case of agreement between the two parties, another means of reimbursement may be used at no additional cost to the customer.
The reimbursement will be made by the PHOENIX BRAIN RISING Company within the legal deadlines stipulated in the code of consumption.
After this legal period, the amounts due by PHOENIX BRAIN RISING will be automatically increased at the legal rates stipulated in the Consumer Code.
However, if he is responsible for the depreciation of the property he has received as a result of manipulations of such property that were not necessary to establish its nature, characteristics and proper functioning, the right of withdrawal will be waived.
In addition, all types of benefits, promotional offers, whatever their nature, which would be linked to the original purchase for which the customer would claim his right to withdrawal will automatically be canceled.
In any case, this right can not be exercised for a service performed or whose execution has begun.
In addition, PHOENIX BRAIN RISING will not make any refund in the following cases, at any time, for any reason whatsoever:
absence during the delivery of the service
cancellation request during the delivery of the service
Some of the products and services offered are not subject to this right of withdrawal. Articles L121-20-2 and L121-21-8 of the Consumer Code exclude or exclude:
digital content not provided on a physical medium whose performance has begun after express prior agreement of the customer and express waiver of its right of withdrawal.
goods made to the customer's specifications or clearly personalized or which, because of their nature, can not be re-shipped or are likely to deteriorate or expire rapidly
audio or video recordings or computer software where unsealed by the client
goods that have been unsealed by the customer after delivery
buying tickets to attend "live" events. A ticket is nominative, non-modifiable, valid only for the dates and times mentioned for the event, and can not be transferred, returned, exchanged, resold or refunded even in case of loss or theft, except cancellation by the organizer. And in the latter case, only the price of the ticket can be refunded. This refund will only intervene in favor of the original purchaser against delivery of the ticket. In all cases, no fees of any kind will be refunded or compensated.
A "satisfaction guarantee" can be proposed for certain products / events. If this were the case, the conditions of application of this guarantee, and the possible levels of refunds proposed, will be specified explicitly on the sales pages of the said products / events. It is understood that, in the opposite case, ie if no mention was made in writing on the sales page, the event / product in question is not subject to this "satisfaction guarantee" ". It is specified here that a request for recourse to this guarantee and / or the corresponding reimbursement may be made only once by the same customer, who, if he uses this right, expressly the opportunity to buy new products and / or participate in future events.
If you participate in a subscription program, you can cancel it at any time by sending an email request to hello@phoenix-paris.com.

ARTICLE 8: LEGAL GUARANTEES, RETURN OF PRODUCTS


In accordance with the provisions of the legal guarantees of conformity and latent defects, in case of reception by the customer of a faulty product or not conforming to the order, SAS Brown & Co undertakes to replace it within the limits of available stocks, or refund the expenses of sending and return (on justifying, under the same conditions of expenses and risks relating to the same means of dispatch as that used initially) included, if the following conditions have been well respected:
have notified the reservations on the delivery note of the deliveryman
have informed SAS Brown & Co by e-mail, on the day of delivery, enclosing a copy of the delivery note containing the reservations, as well as a copy of the initial invoice
have returned the product concerned, in its strict and complete original condition (packaging, documents, accessories, etc ...), within two working days maximum of the date of receipt together with the copy of the documents indicated in point 2. ci- above
The refund will be made by SAS Brown & Co by the same means of payment used by the customer to make his purchase.
In case of agreement between the two parties, another means of reimbursement may be used at no additional cost to the customer.
The refund will be made within 30 working days from receipt of the package.


ARTICLE 9: PROTECTION OF PERSONAL DATA - RIGHT TO IMAGE AND PROTECTION OF PRIVACY


In accordance with the Data Protection Act No. 78-17 of January 6, 1978, the customer has a right to access, rectify and delete personal data about him.
The customer acknowledges having read the policy of protection of personal data and agrees that his data are collected and used, knowing that these will be treated in a strictly confidential manner.
By entering their information and contact details on phoenixbrainrising.co, the customer acknowledges accepting receiving information / publications from the company by email, mail or phone, and agree to receive the newsletter. He is free to unsubscribe at any time. Simply click on the link provided for this purpose within each email.
The newsletter is declared to the CNIL and respects the law Informatique et Libertés.
SAS Brown & Co informs the customer that it can be carried out on all the sites a follow-up of the frequentation. For this, recourse can be made to tools such as Google Analytics, hotjar, Xiti, or Google Website Optimizer, this list is not exhaustive. This data, which is not nominative, makes it possible to improve the experience of using the Internet sites, and to personalize the sites according to the frequent requests of the users. The form confirmation and conversion pages are typically equipped with the Google Website Optimizer feature to measure their effectiveness and the level of interest of prospects and customers or other similar devices. The customer can view the following link, the Google Optimizer Privacy Policy.
By accepting these terms and conditions, the customer and / or participant and / or subscriber and / or user implicitly consents to it being filmed, photographed and recorded during the events organized by PHOENIX BRAIN RISING.
However, in accordance with the legal provisions stipulated in the frame of the law of the image and the protection of the private life:
for adults
Before any personal image of the person is distributed in a private setting, PHOENIX BRAIN RISING must obtain its written agreement stating when and where it was made. This agreement will be given for a specific use and can not be global. A new agreement will have to be obtained for each rebroadcast of an image when the goal will be different from that of the first broadcast.
for minors
The authorization of the parents (or the person in charge) of a minor child will have to be obtained in writing.
These stipulations also protect the rights of the speakers and / or trainers and / or animators of the PHOENIX BRAIN RISING. Namely, that any diffusion of image which would be made for a non-informative information by a person who would not have obtained an agreement written as mentioned above would constitute an infringement of the right to the image and thus a violation of the private life liable to the remedies and sanctions provided by the law.

ARTICLE 10: INTELLECTUAL PROPERTY


The websites, events, products and services of the PHOENIX BRAIN RISING Company, in their entirety, both in their presentation and in their content (in their entirety or separately), direct or indirect, in whatever form, are protected by the laws in force on the intellectual and / or industrial property.
Any reproduction, and / or dissemination and / or communication, and / or representation and / or reuse, and / or adaptation, whether in part or in whole, in any form whatsoever, any recording, whether under audio and / or video format, are prohibited, except with the prior express authorization of the company PHOENIX BRAIN RISING or its successors, and in the contrary case are thus constitutive of counterfeit and punishable in this respect the penalties provided by the law.

ARTICLE 11: LIMITATIONS AND / OR EXCLUSIONS OF LIABILITY


The customer and / or participant and / or subscriber and / or user declares to recognize and / or to express and / or accept and / or approve without reservation that:
any type of content delivered by PHOENIX BRAIN RISING in any form whatsoever (ideas, concepts, strategies, advice, etc.) does not give rise to any promise or guarantee of any kind whatsoever (results, gains, profits, success, performance, etc ...)
PHOENIX BRAIN RISING, its legal representatives, the authorized representatives of / by PHOENIX BRAIN RISING, its partners, its suppliers are not liable or carry any promise or guarantee of result.
He is aware of the information relating to the conditions of use of the goods and the conditions under which the services operate, and particularly the tools and teaching methods used.
that in the knowledge of this information he is aware that some exercises that will be proposed to him may involve risks according to his level of fitness and health and that he is solely responsible and totally free of the decision to participate, to continue and / or to stop at any time to practice the exercises.
he is therefore solely responsible for his degree of participation / involvement, his decisions, actions and results.
that it will not seek in any way to return to the company PHOENIX BRAIN RISING, its legal representatives, its partners, its affiliates, its suppliers, the authorized persons of / by the company PHOENIX BRAIN RISING, responsible for its degree of participation / involvement, decisions, actions or results.
PHOENIX BRAIN RISING shall not be liable under any circumstances for any loss or damage caused or alleged to be caused in connection with the use of any of its advice, products or services in any form whatsoever it would be.
PHOENIX BRAIN RISING does not offer professional medical, psychological or financial advice and that any type of content delivered by PHOENIX BRAIN RISING, in any form whatsoever (ideas, concepts, strategies, advice, etc ...) , can not substitute for the advice and / or the intervention of a professional duly qualified by a diploma recognized by the competent authorities. As a result, Brown & Co, its legal representatives, its partners, its affiliates, its suppliers, the authorized persons of / by the company PHOENIX BRAIN RISING can in no way be held responsible, in any way whatsoever, damage of any kind (bodily injury, financial, illness, death, etc ...)
in any event, the liability of PHOENIX BRAIN RISING, its legal representatives, its partners, its affiliates, its suppliers, the authorized persons of / by the company PHOENIX BRAIN RISING, would be contractually limited, if compensation that can not be greater than the amounts committed for the purchase of the good or service, whether it is damage (even bodily) or losses suffered or other causes.
that it is his sole and entire responsibility to cover himself for potential risks, knowing that PHOENIX BRAIN RISING is not a subscriber of insurance for medical care, and / or personal injury and / or disability.

ARTICLE 12: AFFILIATION AND RECOMMENDATIONS


In its newsletters, communications, information and various publications, products and services, the company PHOENIX BRAIN RISING may be required to recommend tools, websites, products, or service providers that can provide the customer a useful complement to this which is issued by the company PHOENIX BRAIN RISING.The customer is informed that when this could be the case, there is usually a partnership within the framework of a commercial agreement put in place with the companies that market these products or services and that PHOENIX BRAIN RISING may therefore be required to receive a "commission" if the customer decides to purchase these products or services on the recommendation of PHOENIX BRAIN RISING.


ARTICLE 13: APPLICABLE LAW


All the clauses appearing in these general conditions, as well as all the operations of purchase and sale which are aimed at, are subjected to the French right.
In the event that one of these clauses was declared not applicable, the other clauses will remain valid.
For any dispute that arises during the interpretation / execution of the present, whatever its form, it is made jurisdictional courts of Paris.


ARTICLE 14: LEGAL INFORMATION - INFORMATION ABOUT PHOENIX BRAIN RISING


The website www.phoenixbrainrising.co that you are currently viewing is the property of:
PHOENIX BRAIN RISING

4, PIHET STREET
75011 PARIS
Siret number: 803 517 119 00019


This site is developed by PHOENIX BRAIN RISING through the wix platform and hosted by OVH.
PERSONAL DATA & SPECIFIC INTELLECTUAL PROPERTY
In conformity with the provisions of the law n ° 78-17 of January 6th, 1978 relative to the Informatics to the files and the freedoms modified by the law of August 6th, 2004: - the information which you communicate, in particular because of the forms which are present on the site, allow to answer your requests, to carry out the deliveries of product and are intended for the BROWN & CO Company, as a person in charge of treatment, for administrative and commercial purposes, as well as to its contractual partners .
PHOENIX BRAIN RISING is committed to respecting your privacy and protecting the information you provide. In particular, the personal data collected on the websites www.phoenixbrainrising.co are mainly intended for the use of the company PHOENIX BRAIN RISING. You have the right to access, rectify, modify and delete personal data that you have provided us. You can exercise this right by sending a letter to: PHOENIX BRAIN RISING, 4, rue pihet 75011 Paris, France.
If you subscribe to information services by e-mail ("newsletter"), you can ask to stop receiving these e-mails either as indicated above or by following the instructions at the end of each of these letters, when you receive them.
Access to the site www.phoenixbrainrising.co gives you the right to private and non-exclusive use of this site.
Logos or other information - such as images, text, artwork, articles, photographs and other materials on this site are the property of PHOENIX BRAIN RISING, or are authorized with the permission of their owners, and are subject to copyright and other intellectual property rights. In compliance with Articles L. 716-1 et seq. Of the French Intellectual Property Code, any reproduction, in whole or in part, of its trademarks and logos without the express permission of PHOENIX BRAIN RISING is prohibited, whatever the frame and the supports used. for this use and liable to penalties, including criminal.
You are not authorized to perform any act likely to infringe the privacy, the honor, the sensitivity, the brand image, the notoriety of any physical or moral person, and in particular those of the company PHOENIX BRAIN RISING, avoiding any mention, message or defamatory text or provocative, malicious, denigrating or threatening text on any medium whatsoever.
The general structure, as well as software, databases, animated or non-animated images, sound, know-how, and all the other elements of the www.phoenixbrainrising.co Website are the exclusive property of PHOENIX BRAIN RISING or of its partners.
PHOENIX BRAIN RISING informs you that it will make extensive use of its intellectual property rights to take legal action, even if necessary.
Unavailability of the site www.phoenixbrainrising.co
PHOENIX BRAIN RISING is committed to making its best efforts to ensure users access to the site at all times. The website www.phoenixbrainrising.co is available 7/7 days and 24/24 hours except for cases of force majeure as technical difficulties, maintenance

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