PREAMBLE

The purchase of a good or service from BROCKENSTORE constitutes an implicit acceptance of these general terms and conditions in their entirety and without reservation.

It is therefore important for the customer to read them before ordering.

ARTICLE 1: SCOPE OF APPLICATION

These general conditions of use and sale apply to all transactions carried out with BROCKENSTORE and those concluded in particular through the websites of its network

  BROCKENSTORE reserves the right to modify these general conditions at any time, without the need to inform or obtain the agreement of any party.

The applicable general conditions shall be those in force at the time of delivery of the products or services.

Due to the very nature of the Internet network as well as any maintenance and development operations of its sites, BROCKENSTORE cannot guarantee their availability, and cannot therefore be held responsible for any unavailability and/or malfunctions.

As the user uses the BROCKENSTORE sites under his sole and entire responsibility, no action may be brought against BROCKENSTORE, which may under no circumstances be held liable for any damage, whether material (including loss of data, software, programs, etc.) or financial.

ARTICLE 2: PUBLIC CONCERNED AND AGE LIMIT

BROCKENSTORE aims to offer a range of products and services to professionals and individuals.

Age restrictions apply:

the participation of minors requires the explicit agreement of the parents or guardians, and may only be done under their supervision and with the explicit agreement of BROCKENSTORE.

  BROCKENSTORE does its best to restrict access to its sites, products and services to minors. Even if the content of the products and services is not of a shocking nature, BROCKENSTORE prefers to address a mature audience capable of understanding the implications and responsibilities of the business world.

Any subscriber to the newsletter who does not meet these criteria will be immediately deleted from the database as soon as this fact is brought to BROCKENSTORE's attention. Similarly, any customer who does not meet these criteria will be immediately refunded and a return of the product(s) concerned will be required.

ARTICLE 3: PRODUCTS AND SERVICES

The products and services comply with current French legislation and BROCKENSTORE cannot be held liable in the event of non-compliance with the legislation of another country of destination.

As soon as offers are marketed on the sites, they are valid within the limits of available stocks and places.

In the event of unavailability, the customer will be informed by email and contacted to determine if the order will be cancelled or transferred to another product or service.

The photos on the site are "presentation suggestions", i. e. the images do not always correspond exactly to the product that the customer will ultimately receive or to the events in which he/she will be able to participate. These photos are therefore non-contractual and given for information purposes only and therefore no claim related to them will be admissible.

The objective of well-being and satisfaction of participants, including the "staff", can lead BROCKENSTORE to make changes to places, dates and structures. The customer declares that he accepts this possibility of change without reservation, without the need for prior agreement and without the possibility of requesting reimbursement or compensation.

ARTICLE 4: PRICE

BROCKENSTORE, is a French SAS company subject to French VAT legislation.

Prices are therefore in euros, all taxes included, regardless of the country of destination and/or geographical location of the customer, excluding postage and order processing costs for products and services, unless otherwise specified and, where applicable, excluding travel, meals and accommodation costs, which are entirely at the customer's expense.

Prices can be changed at any time. However, the price applied will be the price in force at the time of the order, except in the event of a change in the legal VAT rate in force, which will therefore be the one applied on the day of delivery of the products and services, without the possibility of any claim for compensation or reimbursement from the customer.

Any other duties and taxes, whatever they may be (customs, import, local or state taxes, etc...) will remain the responsibility of the customer, who declares that he accepts this without reservation, as well as the fact that he must carry out all the necessary legal steps to declare and pay the competent authorities himself, and without any intervention or involvement by BROCKENSTORE.

This rule also applies to any requests of the "tax-free" type.

ARTICLE 5: PAYMENT

When purchasing on BROCKENSTORE network sites, payment is due immediately on the date of the order, including for pre-order products.

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 state-of-the-art software, and cannot be read during transport on the network. Any guarantee as to the security of this system is entirely the responsibility of the specialized company and cannot be attributed to BROCKENSTORE

In order for registration for a service to be taken into account, a registration form must be completed by the customer and

- either delivered by hand to an authorised representative of/by BROCKENSTORE

- or returned by post to BROCKENSTORE

- be sent by email to BROCKENSTORE@protonmail.com

- either by means of the validation by the customer of an electronic form relating to this information that he must provide for the proper processing of his order

And necessarily accompanied by

- the payment, of a non-refundable deposit, of at least 25% of the public price in force at the time of the order, unless otherwise specified and agreed for the service concerned.

Unless a specific agreement or special offer for payment scheduling has been communicated in advance and/or confirmed in writing by an authorised representative of/by BROCKENSTORE, the registration for a service and/or the order of a product shall be deemed definitive upon receipt by SUCCESS BROCKENSTORE of the full public tariff, all taxes included, which shall be the triggering factor for delivery. This collection must take place no later than 15 days before the actual start of the services. Otherwise, BROCKENSTORE reserves the right, by simple written notification and without notice or formality, to release the space for another participant, without this giving rise to any refund in favour of the client.

Depending on the products and services, and depending on the descriptive specifications related to them, payment may be made by the means confirmed, accepted and indicated by BROCKENSTORE (credit card, bank transfer, cheque, PayPal...)

In addition to all the provisions stipulated in this article, it is specified that any delay in payment will automatically result in delay:

the application of a 20% late payment penalty rate, automatically payable on the day following the scheduled payment date, the application of a penalty for covering recovery costs of €40 (knowing that a surplus could be claimed if the recovery costs actually incurred exceeded this fixed amount), it is specified that no discount will be granted in the event of early payment and that no interest will be paid by BROCKENSTORE for the sums paid by the customer, at any time and in any form whatsoever, in particular for the payment of the non-refundable reservation deposit mentioned above.

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 the event of an error or an address that is not explicit enough, the consequence of which could be an erroneous delivery, BROCKENSTORE cannot be held liable.

  BROCKENSTORE specifies that no product insurance is taken out for deliveries. And in the event that the client so requests, this would only be done with the written agreement of BROCKENSTORE and entirely at the client's expense, who must carry out all the necessary steps by himself, and without any participation or involvement of BROCKENSTORE.

  BROCKENSTORE does not accept delivery (and returns) on a cash on delivery basis.

Registrations for services provided by BROCKENSTORE are nominative and non-transferable unless BROCKENSTORE has given its written consent, which means that BROCKENSTORE 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, BROCKENSTORE delivers the goods or provides the service on the date or within the period indicated to the consumer, in accordance with 3° of Article L. 111-1, unless the parties have agreed otherwise.

In the absence of any indication or agreement as to the date of delivery or performance, BROCKENSTORE shall deliver the goods or perform the service without undue delay and at the latest thirty days after the conclusion of the contract.

Delivery refers to 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 with different announced dates, the latest delivery date will be taken into account. It is further understood that the product and/or service will be deemed to have been delivered as soon as the order is validated, since it will be a product and/or service that requires downloading, 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 BROCKENSTORE's failure to fulfil its obligation to deliver the goods or provide the service on the date or at the end of the period provided for in the first paragraph of Article L. 138-1 or, failing this, no later than thirty days after the conclusion of the contract, the customer may terminate the contract by registered letter with acknowledgement of receipt if, after having instructed BROCKENSTORE, under the same conditions, to make the delivery or provide the service within a reasonable additional period, the latter has not been performed within that period.

The contract shall be considered terminated upon receipt by BROCKENSTORE of the letter or writing informing it of such termination, unless BROCKENSTORE has since performed.

Nevertheless, the customer may immediately terminate the contract if BROCKENSTORE refuses to deliver the goods or provide the service or if it fails to fulfil its obligation to deliver the goods or provide the service on the date or at the end of the period provided for in the first paragraph of the same Article L. 138-1 and that date or 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 from an express request by the customer before the conclusion of the contract.

In accordance with Article L 138-3 of the Consumer Code, if the contract is terminated under the conditions provided for in Article L. 138-2, BROCKENSTORE shall be required to reimburse the customer for all sums paid, at the latest within fourteen days following the date on which the contract was terminated. The amount paid by the customer will automatically be increased by 10% if the refund is made no later than thirty days after this term, by 20% up to sixty days and by 50% thereafter.

In accordance with Article L 138-4 of the Consumer Code, any risk of loss or damage to the goods 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 BROCKENSTORE, will physically take possession of these goods.

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 of withdrawal.

If he wishes to exercise this right, the customer must draw up a declaration clearly expressing his intention to withdraw and send it to BROCKENSTORE by registered letter with acknowledgement of receipt.

The implementation of its right of withdrawal has the consequence of obliging the customer to return or return the goods to BROCKENSTORE without delay, and at the latest within 14 days from the exercise of its 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 start before the end of the withdrawal period. The refund will be made by BROCKENSTORE by the same means of payment as the one 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 by BROCKENSTORE within the legal time limits provided for in the Consumer Code.

After this legal period, the sums due by BROCKENSTORE will automatically be increased at the legal rates stipulated in the Consumer Code.

However, if he is responsible for the depreciation of the goods he has received as a result of handling of those goods which were not necessary to establish their nature, characteristics and proper functioning, the right of withdrawal shall be excluded.

In addition, all types of advantages, promotional offers, of any nature whatsoever, that would be linked to the original purchase for which the customer would exercise his right of withdrawal will be automatically cancelled.

In any event, this right may not be exercised for a service performed or the performance of which has begun.

In addition, BROCKENSTORE will not refund in the following cases, at any time and for any reason whatsoever:

absence when the service is provided

request for cancellation 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 in particular:

digital content not provided on a material medium, the execution of which has begun after prior express agreement of the customer and express waiver of his right of withdrawal.

goods made to customer specifications or clearly personalised or which, by their nature, cannot be reshipped or are likely to deteriorate or expire quickly

audio or video recordings or computer software when they have been unsealed by the customer

goods that have been unsealed by the customer after delivery

the purchase of tickets to attend live events. A ticket is nominative, cannot be modified, valid only for the dates and times mentioned for the event, and cannot be transferred, taken back, exchanged, resold or refunded even in the event of loss or theft, except in the event of cancellation by the organiser. In the latter case, only the price of the ticket can be refunded. This refund will only be made to the original purchaser upon delivery of the ticket. In any case, no costs of any kind whatsoever will be reimbursed or compensated.

A "satisfaction guarantee" may be offered for certain products/events. If this is the case, the conditions of application of this guarantee, and the possible levels of refunds offered, will be explicitly specified on the sales pages of the said products/events. It is understood that if this is not the case, i.e. if no written mention is made 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 refund, if any, may only be made once by the same customer, who, if he/she uses this right, expressly acknowledges that he/she expressly waives the possibility of purchasing new products and/or participating in future events.

ARTICLE 8: LEGAL GUARANTEES, RETURN OF PRODUCTS

In accordance with the provisions of the legal guarantees of conformity and hidden defects, in the event of receipt by the customer of a defective or non-compliant product, BROCKENSTORE undertakes to replace it within the limits of available stocks, or refund it shipping and return costs (on proof, under the same conditions of costs and risks relating to the same means of shipment as initially used) included, if the following conditions have been met:

to have notified the reserves on the delivery note of the deliverer to have informed BROCKENSTORE by email, the same day of the delivery, by attaching a copy of the delivery note on which the reserves appear, as well as the copy of the initial invoice to have returned the product concerned, in its strict and complete original state (packaging, documents, accessories, etc...), within two working days maximum of the date of receipt accompanied by a copy of the documents indicated in point 2. above

The refund will be made by BROCKENSTORE by the same means of payment as the one 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 of receipt of the package.

ARTICLE 9: PROTECTION OF PERSONAL DATA - IMAGE RIGHTS AND PROTECTION OF PRIVACY

In accordance with the Data Protection Act No. 78-17 of 6 January 1978, the customer has the right to access, rectify and delete personal data concerning him.

The customer acknowledges having read the personal data protection policy and consents to the collection and use of his data, knowing that it will be treated in strict confidence.

By entering his information and contact details on one of the BROCKENSTORE network sites, the customer acknowledges that he accepts to receive information/publications from the company by email, mail or telephone, and agrees to receive the newsletter. He is free to unsubscribe at any time. To do this, simply click on the link at the end of the emails.

  BROCKENSTORE informs the customer that it is possible to monitor traffic on all sites. To do this, tools such as Google Analytics, Xiti, or Google Site Optimizer can be used, this list is not exhaustive. This data, which is not personal, makes it possible to improve the user experience of the websites, and to personalise the websites according to the frequent requests of users. The confirmation and conversion pages of the forms are generally equipped with Google Site Optimizer to measure their effectiveness and the level of interest of prospects and customers. The customer can consult the Google Optimizer Privacy Policy at the following link.

By accepting these general conditions, the client and/or participant and/or subscriber and/or user implicitly agrees that it may be filmed, photographed and recorded during events organised by BROCKENSTORE.

However, in accordance with the legal provisions stipulated in the context of the right to an image and the protection of privacy:

for adults Before any diffusion of an image of the person in a private setting, BROCKENSTORE must obtain its written consent by specifying the date and place on which it was made. This agreement will be given for a specific use and cannot be global. A new agreement will have to be obtained for each rerun of an image as soon as the purpose is different from that of the first broadcast.

for minors The authorization of the parents (or guardian) of a minor child must be obtained in writing.

These stipulations also protect the rights of BROCKENSTORE speakers and/or trainers and/or facilitators. Namely, that any dissemination of an image that is made on a non-informative basis by a person who has not obtained a written agreement as mentioned above would constitute an infringement of the right to an image and therefore a violation of privacy subject to the remedies and sanctions provided by law.

ARTICLE 10: INTELLECTUAL PROPERTY

BROCKENSTORE's websites, products and services, in their entirety, both in their presentation and in their content (in their entirety or separately), direct or indirect, in any form whatsoever, are protected by the laws in force on intellectual and/or industrial property.

Any reproduction, and/or distribution and/or communication, and/or representation and/or reuse, and/or adaptation, whether in whole or in part, in any form whatsoever, any recording, whether in audio and/or video format, is prohibited, unless expressly authorised in advance by BROCKENSTORE or its successors in title, and in the opposite case constitutes counterfeiting and is therefore punishable as such by the penalties provided by law.

ARTICLE 11: LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY

The client and/or participant and/or subscriber and/or user declares to acknowledge and/or express and/or accept and/or accept and/or approve without reservation that :

Any type of content delivered by BROCKENSTORE, in any form whatsoever (ideas, concepts, strategies, advice, etc.) does not give rise to any promise or guarantee of any kind (results, gains, profits, success, performance, etc.) BROCKENSTORE, its legal representatives, the authorized representatives of/by BROCKENSTORE, its partners, its suppliers are not responsible or liable for any promise or guarantee. It is aware of information relating to the conditions of use of goods and the conditions under which services are provided, and in particular the pedagogical tools and methods used, in particular all the approaches, techniques and set of coaching practices aimed at improving human performance, including, but not limited to, Neuro-Linguistic Programming, Gestalt, Transactional Analysis, Ericksonian Hypnosis, Eye Movement Desensitization and Reprocessing technique, Emotional Freedom Technique, and all other mental preparation exercise practices, in any form whatsoever. that, in full knowledge of this information, he is aware that certain exercises offered to him may involve risks depending on his level of physical condition and health and that he is solely responsible and totally free to decide to participate, continue and/or stop exercising at any time. it is therefore solely responsible for its degree of participation/involvement, its decisions, actions and results, which it will not seek in any way to make BROCKENSTORE, its legal representatives, partners, affiliates, suppliers, authorised persons of/by BROCKENSTORE, responsible for its degree of participation/involvement, its decisions, actions or results. BROCKENSTORE shall not be liable under any circumstances for any loss or damage caused or alleged to be caused in connection with the use of its advice, products or services, of any kind and in any form whatsoever. BROCKENSTORE does not offer any professional advice of a medical, psychological or financial nature and that any type of content delivered by BROCKENSTORE, in any form whatsoever (ideas, concepts, strategies, themes, design, advice, etc.), cannot replace the advice and/or intervention of a professional duly authorised by a diploma recognised by the competent authorities. As a result, BROCKENSTORE, its legal representatives, partners, affiliates, suppliers, authorized persons of/by BROCKENSTORE cannot under any circumstances be held liable in any way whatsoever for damages of any kind (bodily injury, financial loss, fines, lawsuits, illness, death, etc...) in any event, the liability of BROCKENSTORE, its legal representatives, partners, affiliates, suppliers, authorised persons of/by BROCKENSTORE, would, where applicable, be limited contractually to compensation that could not exceed the amounts incurred for the purchase of the goods or services, whether in the form of damage (including personal injury) or loss suffered or other causes. that it is its sole and entire responsibility to cover itself for potential risks, knowing that BROCKENSTORE does not subscribe to insurance for medical care, and/or personal injury, and/or financial loss, and/or legal loss and/or disability.

ARTICLE 12: AFFILIATION AND RECOMMENDATIONS

Within its newsletters, communications, information and various publications, products and services, BROCKENSTORE may recommend tools, websites, products or service providers that can provide the customer with a useful complement to what is delivered by BROCKENSTORE

The customer is informed that when this could be the case, there is generally a partnership within the framework of a commercial agreement set up with the companies that market these products or services and that SBROCKENSTORE may therefore be required to receive a "commission" if the customer decides to purchase these products or services on BROCKENSTORE's recommendation;

ARTICLE 13: APPLICABLE LAW

All the clauses appearing in these general terms and conditions, as well as all the purchase and sale transactions referred to therein, are subject to French law.

In the event that one of these clauses is declared unenforceable, the other clauses shall remain valid.

For any dispute arising out of the interpretation/execution of these terms and conditions, in any form whatsoever, the courts of Paris shall have jurisdiction.