CGV
TERMS OF SALES
APPLICABLE FROM AUGUST 1, 2021
PREAMBLE
These general conditions of sale (hereinafter "GTC") govern the relationship between OMT Workshops identified in article 1, which offers sessions of photography courses in the form of Workshop (hereinafter referred to as "SESSION") and any person purchasing and / or registering and / or PARTICIPATING in one or more Course Session (s) (hereinafter referred to as "THE PARTICIPANT").
The GTC regulate all the steps necessary for placing the order and ensure the follow-up of this order between the contracting parties. Each purchase of a SESSION made by the PARTICIPANT will be hereinafter referred to as “RESERVATION (S)”.
The SESSION booking module is available on the website https://omtworkshops.wixsite.com/website , referred to as "THE SITE".
On the Site, information on SESSIONS is available in French.
Any workshop reservation "omt_workshops" made or not from the SITE is governed by the GTC.
ARTICLE 1: ACCEPTANCE OF THE GENERAL CONDITIONS
1.1 THE PARTICIPANT acknowledges expressly and unreservedly accepting these GTCS and having read all of its terms, the fact that:
- or to check the box: "I have read the General Conditions and I adhere to them without reservation" on the Site, in particular when booking a Session.
- or to order a Session by any other means, meaning that THE PARTICIPANT confirms having accepted these General Conditions without reservation.
These General Conditions constitute a contract between THE PARTICIPANT and OMT Workshops.
1.2 THE PARTICIPANT declares to be at least 18 years of age and to have the legal capacity allowing him to place an order on the Site.
1.3 If THE PARTICIPANT refuses to comply with any of the obligations and conditions contained in these General Conditions, he is invited not to order a SESSION and / or not to register and / or follow it.
1.4 OMT Workshops reserves the right to modify and update the General Conditions of Sale without notice. OMT Workshops advises its PARTICIPANTS, and in general all users, to re-read the General Conditions of Sale of the Site regularly.
The modified General Conditions will come into force as of their posting on the Site and will therefore apply as of right. The fact of ordering and / or following a SESSION after any modifications made to the General Conditions of Sale will constitute acceptance by the PARTICIPANT of its modifications.
ARTICLE 2: ACCOUNT CREATION
2.1 THE PARTICIPANT acknowledges having read at the time of making his SESSION Booking, the applicable special conditions stated on the screen (Presentation of the subject of the event and the themes addressed, date, time, place of the meeting , price, peculiarities of the proposed event, peculiarities of the necessary material, limitations) and expressly declares to accept them without reservation.
The Reservation by THE PARTICIPANT, materializes its full and complete acceptance of the GTC.
2.2 To book a Session on the Site, THE PARTICIPANT must create an Account and be:
. either a natural person having reached the age of legal majority and / or having the capacity to conclude a contract within the meaning of the law, and to have accepted these General Conditions without any reservation.
. or a legal person, in which case the person who undertakes on behalf of the legal person concerned must be duly authorized to represent the latter.
THE PARTICIPANT undertakes to create only one Account corresponding to his profile.
The creation of an Account is done:
. or by personally completing the registration form, accessible online (hereinafter referred to as "the Form"). By completing the Form, THE PARTICIPANT confirms having read the T & Cs and agree to submit to them without reservation. ;
. or by transferring the data entered to a third-party social network via the applications authorized by this network (Facebook, Google or Twitter accounts). In this case, THE PARTICIPANT is solely responsible for the transfer of the data that he performs for the creation of his Account and he acknowledges authorizing the use of his data by OMT Workshops. for the purposes of creating and administering their Account.
2.3 Whatever the method of registration, by completing the registration form, THE PARTICIPANT guarantees to OMT Workshops that they have provided exact, truthful, up-to-date and complete information concerning their identity and contact details and in particular their email address and number. phone.
In particular, he undertakes to provide an effective e-mail address which he owns. OMT Workshops reserves the right, for any serious and objective reason, to suspend its Account. The reason can only be communicated upon prior request of the PARTICIPANT and at the discretion of OMT Workshops.
THE PARTICIPANT undertakes to regularly update all the information concerning him relating to his profile, in order to preserve their accuracy. Each PARTICIPANT can make changes to their data at any time, which they deem useful or necessary, by clicking on the “PARTICIPANT area” area.
OMT Workshops reserves the right to verify that these General Conditions are respected and, as such, to request from the PARTICIPANT all the information and verifications necessary to certify the veracity of the information communicated by the latter.
In the event that THE PARTICIPANT provides data that is objectively false, inaccurate, outdated or incomplete, OMT Workshops will be entitled to suspend or terminate the User's Account and to deny him, in the future, access to any SESSION.
2.4 The email address and password chosen by THE PARTICIPANT during registration allowing access to his Account, this data is confidential and THE PARTICIPANT is solely responsible for any use that may be made of his username and password. pass, and the sole guarantor of their confidentiality, as well as of any use of their Account.
THE PARTICIPANT undertakes to inform OMT Workshops immediately of any use or risk of unauthorized use of his Account, and of any breach of the confidentiality and security of his means of identification, by using the contact form available on the Site.
If OMT Workshops has legitimate reasons to believe that the security of the Service is violated or that it is being misused due to unauthorized use of the PARTICIPANT's means of identification, it may proceed with the temporary suspension of the Account in order to in particular to preserve the integrity of the Site and of the data, and, if this appears appropriate, to require the modification of these means of identification.
2.5 The RESERVATION of a SESSION is made online on the SITE via the links of the dedicated sections, THE PARTICIPANT can select:
. the SESSION he wishes to follow
. the date of the SESSION available depending on the city selected by THE PARTICIPANT.
RESERVATIONS can be made as long as the SESSION is open for purchase on the Site and one or more places remain available, the SESSIONS being limited to a determined number of PARTICIPANTS.
Taking into account the technical constraints related to the operation of the Site and in order to ensure the effective payment of the SESSIONS by THE PARTICIPANT, the registration only becomes final upon receipt by THE PARTICIPANT of a confirmation email. registration of the SESSION selected: in the absence of receipt of such an email, THE PARTICIPANT cannot consider that his registration has been validated by OMT Workshops and will therefore not be accepted at the SESSION concerned.
ARTICLE 3: METHODS OF PAYMENT
3.1. THE PARTICIPANT guarantees that he is fully authorized to use the method of payment that he will use for the RESERVATION and that his means of payment provide access to sufficient funds to cover all costs resulting from the RESERVATION.
3.2 All orders regardless of their origin are payable in euros.
Any costs related to financial transactions are fully the responsibility of the PARTICIPANT
3.3 This payment can be made by :
3.3.1 Bank card (secure): payment is made by credit card, Carte Bleue, Visa, or Mastercard, by entering the requested information.
OMT Workshops uses the PAYPAL payment service ( paypal.com ). This service integrates the SSL security standard.
Confidential data (16-digit bank card number, expiration date) are transmitted encrypted (encoded) and are not transmitted to the OMT Workshops server
Confidential data relating to the means of payment is not accessible to OMT Workshops, but is managed directly by the security service. OMT Workshops guarantees that the means and services of cryptology used to secure transactions have been authorized or declared in application of the legislation in force.
The debit of the bank card entered will take place only when the bank details have been verified and the authorization to debit the bank card has been received. Payment is made via a secure platform.
The amount of the order is debited at the time of validation of the payment.
If the card used by the payment center is refused, the order is automatically canceled. THE PARTICIPANT is invited to print the proof of the transaction which will be displayed on the screen after actual payment of the order.
3.4 No RESERVATION can be made by telephone.
Exceptionally, passing through the site or the establishment of a signed form accompanied by payment are the only means of reserving a SESSION
3.5 The validation of the order associated with the authentication procedure and the protection of the integrity of the messages constitutes an electronic signature having the same value between the parties as a handwritten signature. The computerized registers, kept in the computer systems of OMT Workshops under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of orders and invoices is carried out on a reliable and irreversible medium so as to correspond to a faithful and durable copy, in accordance with article 1348 of the civil code.
3.6 Any "basket" validated by THE PARTICIPANT constitutes an irrevocable acceptance which can only be called into question in the cases exhaustively provided for in these general conditions in the following articles:
OMT Workshops retains full and entire ownership of the tickets and SESSIONS sold until full collection of all sums owed by the PARTICIPANT in connection with his order, including costs and taxes.
The transfer of ownership of a SESSION or ticket purchased at OMT Workshops by THE PARTICIPANT to a third person, will not be supported by OMT Workshops.
Only the original PARTICIPANT of this property can claim access to the clauses of these general conditions of sale.
3.7 The following contractual information will be the subject of a confirmation email no later than the day of the SESSION:
. your booking references
. the amount of the order;
. the payment method chosen by the Purchaser.
ARTICLE 4: PRICE
4.1 The prices displayed on the Site are indicated in euros all taxes included, including VAT (if concerned), excluding shipping costs and order processing. The prices are those in force on the day of the order. They take into account the VAT applicable on the day of the order (if concerned).
4.2 Any change in the VAT rate will be automatically reflected in the prices without the Internet user being informed beforehand.
4.3 For any delivery outside the territory of the European Union, customs taxes and formalities are, unless otherwise specified in the order form, the sole responsibility of the PARTICIPANT who undertakes to check the possibilities of importing the products into the Delivery country.
4.4 If the price contains a discount offer, this is included in the period of validity of the said offer. Once this period has passed, no possibility of taking advantage of this offer will be offered.
ARTICLE 5: ONLINE RESERVATION OF SESSION (S) ON THE SITE
5.1 The SESSIONS offered by registration by OMT Workshops are those appearing on the Site on the day of consultation by the Purchaser. SESSIONS are offered subject to availability.
5.2. The Site presents the essential characteristics of the SESSIONS offered on the online store:
• Date of the SESSION, times if necessary and duration in number of days;
• Presentation of the subject of the SESSION and the themes addressed;
• Presentation of instructor photographers;
• Presentation of the partner (s) present (Models, MUA, Stylists, etc.)
Under no circumstances does OMT Workshops offer accommodation management or transport options to the SESSION meeting point.
THE PARTICIPANT will assume that these options are his responsibility except in exceptional cases, such as a SESSION outside or including a trip.
5.3. The services offered for sale are described and presented with the greatest possible accuracy on the website. In the event of an error or omission in this presentation, OMT Workshops cannot be held liable. The photographs and texts illustrating the SESSIONS are only indicative and do not enter into the contractual field.
5.4. At any time, THE PARTICIPANT may request details of the nature and characteristics of the SESSIONS offered on request by e-mail to the following address: omt.workshops@gmail.com
5.5 In the event of an error regarding the availability of the reserved SESSION, THE PARTICIPANT will be informed as soon as possible and will have the possibility of canceling his order. In the event of an error regarding the availability of the reserved SESSION, THE PARTICIPANT will have the possibility of exchanging the SESSION of equivalent price or of canceling his RESERVATION and therefore to be reimbursed within thirty (30) days from the date request, the sums collected by OMT Workshops.
In case of impossibility of exchange, OMT Workshops reserves the right to cancel the PARTICIPANT'S RESERVATION and to reimburse the sums collected.
ARTICLE 6 : REGISTRATION PROCEDURES FOR SESSIONS
6.1. Within the limit of available places, the registration for a SESSION of a PARTICIPANT is only definitively validated after receipt of full payment of the sale price of the SESSION according to the payment terms offered on the Site and the PARTICIPANT's information. .
The list of PARTICIPANTS is made up as and when payment of the sale price is received.
The balance of the payment is due at least twenty (20) days before the start of the desired SESSION.
6.2 In case of RESERVATION of a SESSION by a third party, THE PARTICIPANT undertakes to communicate, at the latest fifteen (15) days after the order, the name of the PARTICIPANT as well as his contact details and confirmation of the choice of the SESSION (in particular in the case of a gift voucher), subject to availability.
6.3 Any request or specific information (health, accessibility, etc.) must be notified at the time of registration, on the registration form or by telephone at the number indicated
OMT Workshops will do its best to take it into account but can in no way guarantee that it will be satisfied unless OMT Workshops do not confirm this to you in writing.
In some cases, special requests may result in additional costs which OMT Workshops will report.
ARTICLE 7: ATTITUDE OF THE PARTICIPANT DURING THE SESSION
In the event that the attitude of a PARTICIPANT during the SESSION would be likely to cause prejudice, danger or trouble to one of our Photographers or the team present or to one of the other PARTICIPANTS or to the material, OMT Workshops reserves the right to terminate its SESSION at any time.
In this case, THE PARTICIPANT may not claim any reimbursement or compensation for the early termination of his SESSION and OMT Workshops reserves the right to claim reimbursement of costs from him.
OMT Workshops retains the right to refuse the presence of this PARTICIPANT during the next SESSIONS without having to reimburse any SESSIONS RESERVED by this PARTICIPANT.
ARTICLE 8: NUMBER OF PARTICIPANTS FOR THE SESSIONS
The number of PARTICIPANTS is limited according to the type of SESSION.
As an indication, and in a non-exhaustive way: 10 people maximum, including models and photographers, for SESSIONS lasting 1 day.
ARTICLE 9: CANCELLATION AND RIGHT OF WITHDRAWAL
9.1 In accordance with the provisions of Article L.121-21-8 of the Consumer Code, SESSIONS are not subject to a right of withdrawal.
9.2 The cancellation of a SESSION can be made by a PARTICIPANT previously registered, provided that OMT Workshops is informed at least twenty (20) days before the start of the SESSION. This decision must be communicated by email with acknowledgment of receipt sent to the following address: omt.workshops@gmai l.com
A cancellation made within the deadline mentioned above will result in the reimbursement of the sums paid, with the exception of one hundred (100) euros retained for the administrative costs.
After this period, no reimbursement will be possible unless THE PARTICIPANT duly provides proof of a case of force majeure (medical certificate, death certificate of a loved one, etc.).
Any internship started is due in full, even if THE PARTICIPANT does not show up (except in cases of force majeure as previously mentioned).
9.3 OMT Workshops reserves the right to cancel any scheduled SESSION if the trainer is no longer able to provide the SESSION.
OMT Workshops reserves the right to modify the location of any scheduled SESSION if it is no longer accessible or adapted to the number of participants of the SESSION.
OMT Workshops reserves the right to cancel any scheduled SESSION if the number of PARTICIPANTS registered is insufficient up to fifteen (15) days before the start of the SESSION.
If necessary, OMT Workshops will study, in consultation with each PARTICIPANT, the possibilities to offer them another SESSION.
However, if no solution is found, OMT Workshops undertakes to reimburse all the sums collected at the time of registration.
In the event of cancellation of a SESSION due to OMT Workshops, no costs of any kind whatsoever will be refunded or compensated.
ARTICLE 10: LIABILITY AND INSURANCE
PARTICIPANTS come with their own photography equipment and / or laptops for the SESSION. OMT Workshops cannot be held responsible for damage caused to equipment belonging to the PARTICIPANT during the SESSIONS.
THE PARTICIPANT undertakes to take out and maintain, in anticipation and for the duration of the SESSION, civil liability insurance covering bodily, material, immaterial, direct and indirect damage likely to be caused by his actions or those of his employees in the prejudice of OMT Workshops, particularly in the case of travel (car, train, boat, etc.) during the SESSION.
ARTICLE 11: REPRODUCTION AND REPRESENTATION RIGHTS
Each PARTICIPANT in a SESSION assigns free of charge to OMT Workshops the reproduction and representation rights of his photographs taken as part of the SESSION for any commercial and non-commercial use.
The reproduction right includes the fact of reproducing and / or having reproduced by any technical process on all media (paper, digital, electronic, etc.) and in all formats, the photographs of PARTICIPANTS made within the framework of the SESSION, in particular for the purpose of to securely save the images produced. To publish them on the sites and applications published by OMT Workshops, on magazines, on books, on social networks and the various digital media (Newsletter, emailing, advertisements) managed by OMT Workshops.
The right of representation which includes the fact of representing and / or having all or part of the photographs of PARTICIPANTS taken as part of the SESSION.
ARTICLE 12: PROTECTION OF IMAGE RIGHTS
12.1 THE PARTICIPANT who will take photographs during a SESSION must, prior to any photograph (and its distribution) ensure that the persons photographed give their written consent. Models of image rights distribution agreement will be available from any trainer.
OMT Workshops and its contributors cannot be held responsible for any distribution.
THE PARTICIPANT takes his pictures on a personal basis and guarantees OMT Workshops against any action or recourse that could be brought by any person photographed against his image, his private life or any other right that he could assert.
12.2 Registration for a SESSION implies that THE PARTICIPANT agrees to be photographed at the location of the SESSION and that the photographs thus taken can be used to communicate (on any medium, website, various paper and digital media) on the SESSIONS organized by OMT Workshops for a period of five (5) years.
ARTICLE 13: CONTRACTUAL DOCUMENTS
The contract is formed by the following contractual documents, in order of decreasing priority:
. these general conditions of sale;
. the "basket" consisting of the accepted estimate, completed by the information necessary for the identification of the PARTICIPANT (surname - first name - billing and / or delivery mailing address - telephone - e-mail address);
. the payment receipt.
ARTICLE 14: PERSONAL DATA
The information requested from the PARTICIPANT is necessary for the processing of his order and may be communicated to the contractual partners of OMT Workshops involved in the processing of orders.
In accordance with the law "Informatique et Libertés of January 6, 1978", THE PARTICIPANT has the right to access and rectify information concerning him, which he can exercise by contacting OMT Workshops by email at omt.workshops@gmail.com
ARTICLE 15: COOKIES
To facilitate your navigation on the SITE, OMT Workshops uses cookies.
Cookies are files saved on the hard drive of the PARTICIPANT's microcomputer whose purpose is to report the latter's visit to the SITE, when consulting other pages of the SITE or when a new one. visit, and record information relating to navigation (pages viewed, date and time of consultation, etc.).
As the information thus collected by OMT Workshops is subject to computerized processing, you have a right of access, rectification and deletion under the conditions set out in article 14.
ARTICLE 16: INTEGRALITY OF THE CONTRACT
If, for any reason, one of these general conditions of sale should be declared
inapplicable or invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, this inapplicability would not affect the application of the other provisions of the general conditions which will keep all their strength and reach. That deemed inapplicable is then replaced by the closest possible provision.
ARTICLE 17: RESPONSIBILITIES
Neither OMT Workshops, nor THE PARTICIPANT, can be held responsible for any non-performance resulting from a case of force majeure, beyond their control, including in particular, without this being limiting, cases of war, terrorist attack, riot, insurgency, transportation disruption, import or export problem, strike, lockout, shortage, fire, earthquake, storm, flood.
Likewise, OMT Workshops cannot be held responsible for the use of the products ordered and delivered, the PARTICIPANT being solely responsible for their use by himself or by a third party.
ARTICLE 18: APPLICABLE LAW - SETTLEMENT OF DISPUTES
These general conditions of sale are subject to French law. Any disputes that may arise between the parties on the occasion of the execution or interpretation of this contract will, in the absence of amicable settlements, be brought before the Commercial Court of Paris.