ARTICLE 1 – Designation of the Seller

MOULA AGENCY, simplified joint stock company with capital of €2,000, domiciled at 10, rue de la République, 13001 Marseille Registered with the Marseille RCS under number 951 402 106

Telephone (Salesman)”

33668117273

Website webediigital.com

ARTICLE 2 – Scope of application

The Seller offers the following services and digital content:

• access to e.learning modules on different subjects via
  • discord groups
  • access to guides, tutorials, webinars

The customer acknowledges and accepts that the company MOULA AGENCY is not a training organization and does not issue any qualifications or diplomas, and that the information delivered through the subscriptions sold cannot be covered under the right to training.

The information provided by Moula Agency is the result of the personal experience of the speakers.

These General Conditions of Sale apply, without restriction or reservation and to the exclusion of all other conditions, to any sale of Services and Digital Content provided by the Seller made for the benefit of consumers and non-professional customers (“Customers or the Customer”) (Seller and Customer also being referred to as “the Parties” or “a Party”).

They specify, in particular, the conditions of use of the Seller’s site, of placing an order, of payment and of supply of the Services and Digital Content ordered by Customers.

The Customer, who acknowledges that these General Conditions of Sale and their annexes, containing the information required by law, have been communicated to him in a clear and understandable manner, on a durable medium or in an easily downloadable document, is required to read before placing an order.

The choice and purchase of a Service or Digital Content are the sole responsibility of the Customer.

These General Conditions of Sale are systematically communicated to any Customer prior to the conclusion of the contract for the supply of Digital Services and Content and will prevail, where applicable, over any other version or any other contradictory document.

The Customer declares to have read these General Conditions of Sale and to have accepted them before concluding the contract for the supply of Digital Services and Content.

Validation of the order for Services and Digital Content by the Customer constitutes acceptance without restriction or reservation of these General Conditions of Sale.

These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is that in force on the day of conclusion of the contract. The Customer must therefore ensure the availability of this document, hence the importance of its download for documentation purposes, future reference and identical reproduction.

This information will be provided, upon request, in a format accessible to people with disabilities.

In the event of validity of the General Conditions of Sale

ARTICLE 3 – Orders

The Customer selects the Digital Services and Content he wishes to order, according to the following terms:

• product selection and product details
• Validation of the General Terms and Conditions and order representing a commitment to pay
• payment

It is the Customer’s responsibility to verify the accuracy of the order and to immediately report any errors.

The sale of Digital Services and Content will only be considered final after confirmation of acceptance of the order by the Seller has been sent to the Customer and after receipt by the latter of the full price.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

ARTICLE 4 – Prices

The price of the service is €39.99 per month.

ARTICLE 5 – Provision of Services and Digital Content

The Services and Digital Content ordered by the Customer will be provided according to the following terms: access via the customer account to a Discord community, to webinars, tutorials, guides.

Subsequent updates are included in the price.

If the Services and Digital Content ordered are not accessible after final validation of the Customer’s order without undue delay, the Customer may notify the Seller, under the conditions provided for in article  L 224-25-11 of the Consumer Code

– either the suspension of payment of all or part of the price until the Seller complies, under the conditions of articles  1219 and  1220 of the Civil Code  (exception of non-performance),

– or the cancellation of the sale, after having unsuccessfully given the Seller formal notice to perform without undue delay or within a reasonable additional period having been the subject of an express agreement between the Parties.

The contract will be considered terminated upon receipt by the Seller of the writing informing it of this resolution, unless it has been executed in the meantime.

The resolution may be immediate if the Seller refuses to perform or if it is clear that it will not be able to deliver the Services and Digital Content ordered or if the delivery deadline not respected constituted, for the Customer, an essential condition of the sale.

In the event of termination of the sale, the sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, without prejudice to the possible allocation of damages for the benefit of the Customer.

The Customer is required to verify the conformity of the Digital Services and Content delivered, and in particular their compatibility and adaptability to its digital environment.

He has a period of 14 days from delivery to formulate by email any reservations or complaints in the event of an apparent defect or defect in the Services and Digital Content delivered.

After this period and failing to have complied with these formalities, the Services and Digital Content delivered will be deemed free from any apparent defect.

Please note that the absence of reservations made by the Customer upon delivery of the Services and Digital Content does not exempt the Seller from the guarantee of conformity, as described below.

ARTICLE 6 – Updates to Services and Digital Content

The Seller undertakes to ensure, at no cost to the Customer, the updates of the Services and Digital Content delivered necessary to ensure their continued compliance.

The Customer will be clearly informed of each update within a reasonable time prior to its installation as well as the consequences of its non-installation, in accordance with the provisions of article  L 224-25-25, I of the Consumer Code .

If the Customer refuses to install the updates necessary to maintain the conformity of the Services and Digital Content delivered, the Seller cannot be considered responsible for any lack of conformity resulting from the absence of updates.

Any update not necessary to maintain the conformity of the Services and Digital Content must obtain the agreement of the Customer who must be informed by the Seller, clearly and precisely, on a durable medium, of the planned update and of its effective date of entry into force.

The Customer may refuse the installation of the update not necessary to maintain the conformity of the Services and Digital Content delivered or uninstall them.

In this case, he may terminate the sales contract free of charge within thirty days, unless the Seller offers to keep the Services and Digital Content delivered without the update.

ARTICLE 7 – Technical measures

The Services and Digital Content delivered are protected by technical protection measures allowing their use and copying to be controlled.

Violation of technical protection measures is punishable by specific offenses referred to in Article  L 335-3-1 et seq. of the Intellectual Property Code .

The Seller undertakes to make its best efforts to allow and secure access, consultation and use of the Services and Digital Content delivered.

For technical reasons, in particular maintenance or network failure, a temporary interruption of services is possible.

The Seller cannot therefore be held responsible for:

– momentary interruptions necessary for development, maintenance, or more generally in the event of updating the Services and Digital Content delivered,

– technical problems, operating difficulties or temporary interruption of the Services and Digital Content delivered, beyond its control, in particular in the event of failure or interruption of electricity, telecommunications or internet access services, particularly in terms of transmission of information data via networks and data breaches,

– risks of exposure of data and equipment due to use of the Internet (possible viruses, hacking, etc.), the Customer undertaking to take all appropriate measures to protect its own data and software from contamination by possible computer viruses, and the Seller is not responsible for any damage that may result, such as loss of data or deterioration of computer equipment.

The Customer acknowledges that he is solely responsible for his use of the Services and Digital Content delivered, the Seller cannot be held responsible for any claim and/or procedure against the Customer.

ARTICLE 8 – Responsibility of the Seller – Guarantees

The Digital Services and Content offered comply with the regulations in force in France and have performances compatible with non-professional uses.

The Customer benefits automatically and without additional payment from the legal guarantee of conformity and the legal guarantee against hidden defects.

1. Legal guarantee of conformity

The Seller undertakes to deliver Services and Digital Content in accordance with the contractual description, the criteria set out in article  L 224-25-14 of the Consumer Code  and the specificities defined by the introductory article of the Consumer Code in terms of

– functionality (capacity of the Services and Digital Content to fulfill their function with regard to their purpose),

– compatibility (ability of the Services and Digital Content to work with computer hardware or software without the need to convert them),

– interoperability (ability of the Digital Services and Content to work with computer hardware or software different from that with which goods, digital content or digital services of the same type are normally used).

The legal guarantee of conformity also applies to the correct integration of the Services and Digital Content delivered into the Customer’s digital environment and includes the updates necessary to maintain the conformity of the Services and Digital Content as well as assistance with the customer base that the Client can legitimately expect, at no cost to the Client.

The Seller is liable for any lack of conformity existing at the time of delivery of the Digital Services and Content and which appears within two years of delivery. For a period of one year from the date of delivery of the Services and Digital Content, the Customer is only required to establish the existence of the lack of conformity and not the date of its appearance.

The legal guarantee of conformity entails the obligation to provide all updates necessary to maintain the conformity of the digital content or digital service.

This warranty period applies without prejudice to articles  2224 et seq. of the civil code , the limitation period beginning to run on the day the Customer becomes aware of the lack of conformity.

In the event of a lack of conformity, the Customer may demand compliance of the Services and Digital Content delivered or, failing that, a reduction in the price or the cancellation of the sale, under legal conditions, unless it concerns a minor lack of conformity.

It may also suspend payment of all or part of the price or the delivery of the benefit provided for in the contract until the Seller has satisfied its obligations under the legal guarantee of conformity, under the conditions of the articles  1219 and  1220 of the Civil Code  unless it concerns a minor lack of conformity.

It is up to the Customer to request from the Seller the compliance of the Digital Services and Content, which must take place without undue delay, without costs and without major inconvenience for the Customer.

The Customer undertakes to cooperate with the Seller in order to enable it to verify the cause of a possible lack of conformity.

Any Service or Digital Content brought into compliance within the framework of the legal guarantee of conformity benefits from an extension of this guarantee of six months.

The Customer may finally demand a price reduction or cancellation of the sale (unless, in the event of payment of a price, the lack of conformity is minor) in the following cases ( L 224-25-20 of the Code of consumption ).

– The Seller refuses the compliance of the Services and Digital Content;

– the compliance of the digital content or digital service is unjustifiably delayed or causes costs or major inconvenience for the Client; the non-compliance of the Digital Services and Content persists despite the professional’s attempt to bring them into compliance remained unsuccessful

– the defect is sufficiently serious to justify the reduction of the price or the immediate resolution of the sale, the Customer not being required, in this case, to first request the compliance of the non-compliant Services and Digital Content.

The price reduction is proportional to the difference between the value of the Service or Digital Content delivered and its value in the absence of the lack of conformity.

In the event of termination of the sale, the Customer is refunded the price paid or is returned any other benefit received under the sales contract for the Digital Services and Content delivered.

The Customer’s reimbursement will take place without unjustified delay and at the latest within fourteen days following notification of the Customer’s decision to cancel the sale, with the same means of payment as that used by the Customer during payment, unless expressly agreed by this last and in any case at no additional cost.

The preceding provisions are without prejudice to the possible award of damages to the Customer, due to the damage suffered by the latter due to the lack of conformity.

The Seller will make available to the Customer, free of charge and within a reasonable time, any content, other than personal data, which has been provided or created by the latter during the use of the Services and Digital Content delivered, in a commonly used, machine-readable format.

He must refrain from using any content, other than personal data, in compliance with his obligations under EU Regulation 2016/679 of April 27, 2016 (GDPR), which was provided or created by the Client in the context of the use of the Services and Digital Content delivered, unless these Services and Digital Content have been generated jointly by the Client and other persons, and other consumers or non-professionals can continue to use them , subject to the exceptions provided for by law, linked in particular to the uselessness of the Services and Digital Content in question or to their aggregation with other data.

The Seller may prevent any further use of the Services and Digital Content delivered by making them inaccessible to the Customer or by deactivating the Customer’s user account without prejudice to the Customer’s right to recover the content or consult their invoices, as provided for in the Article  L 224-25-22 III-al. 7 of the Consumer Code .

The Client undertakes, for his part, not to use the Services and Digital Content delivered or to make them accessible to third parties. If the Services and Digital Content delivered were provided on a material medium, the Customer undertakes to return this medium without undue delay and at the expense of the Seller, if the latter makes a request for restitution at the latest within 14 days following the date on which the Customer informed the professional of his decision to resolve the sale.

2. Legal guarantee against hidden defects

The Seller is liable for the legal guarantee against hidden defects resulting from a defect in the design or production of the Services and Digital Content delivered.

The Client may decide to implement the guarantee against hidden defects in the Services and Digital Content delivered, in accordance with article  1641 of the Civil Code ; in this case, he can choose between canceling the sale or reducing the sale price in accordance with article  1644 of the Civil Code .

3. Exclusion of guarantees

The Seller cannot be held liable in the following cases:

– non-compliance with the legislation of the country in which the Services and Digital Content are delivered, which it is up to the Customer to verify before placing their order,

– in the event of misuse, use for professional purposes, accident or force majeure,

– refusal of installation by the Customer, duly informed within a reasonable time as provided for in these General Conditions of Sale, of the updates necessary to maintain the conformity of the Digital Services and Content delivered.

Box inserted in the General Conditions of Sale in application of the provisions of article D 211-4 of the Consumer Code concerning the legal guarantees of conformity and hidden defects:

The consumer has the right to the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity during a period of two years from the supply of the digital content or digital service. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.

The legal guarantee of conformity entails an obligation to provide all updates necessary to maintain the conformity of the digital content or digital service for two years.

The legal guarantee of conformity gives the consumer the right to have the digital content or digital service brought into conformity without undue delay following their request, without cost and without major inconvenience for them.

The consumer can obtain a reduction in the price by keeping the digital content or the digital service, or he can end the contract by being reimbursed in full against renunciation of the digital content or the digital service, if: 1° The professional refuses to put the digital content or the digital service in compliance;2° The compliance of the digital content or the digital service is unjustifiably delayed;3° The compliance of the digital content or the digital service cannot occur without costs imposed on the consumer; 4° The compliance of the digital content or the digital service causes a major inconvenience for the consumer; 5° The non-compliance of the digital content or the digital service persists despite the professional’s attempt to bring it into compliance which remains unsuccessful.

The consumer also has the right to a reduction in price or termination of the contract when the lack of conformity is so serious that it justifies the reduction in price or termination of the contract being immediate. The consumer is then not required to request compliance of the digital content or digital service beforehand.

In cases where the lack of conformity is minor, the consumer is only entitled to cancel the contract if the contract does not provide for the payment of a price.

Any period of unavailability of the digital content or the digital service with a view to bringing it back into compliance suspends the warranty which remained to run until the supply of the digital content or the digital service which becomes compliant again.

These rights result from the application of  articles L. 224-25-1 to  L. 224-25-31 of the Consumer Code

.The professional who obstructs in bad faith the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover. ( article L. 242-18-1 of the Consumer Code ).

The consumer also benefits from the legal guarantee against hidden defects in application of  articles 1641 to  1649 of the civil code , for a period of two years from the discovery of the defect. This guarantee entitles you to a price reduction if the digital content or digital service is retained, or to a full refund against waiver of the digital content or digital service.

ARTICLE 9 – Customer Assistance

The Seller makes available to the Customer the frequently asked questions, FAQ, allowing him to find a lot of information or answers to the questions he is likely to ask.

If the Customer requires specific assistance or wishes to make a complaint, the Seller’s Customer Service can be contacted as follows:

by email, using the forms available on the seller’s website, by post

Please note that, in accordance with current regulations, the Seller’s telephone assistance services are accessible from mainland France, overseas departments and regions and the local authorities of Saint-Barthélemy, Saint-Martin and Saint-Martin. -Pierre-et-Miquelon, by a non-geographic, fixed and non-premium rate number; no additional cost other than that of the telephone call may be invoiced to the Client for these services in respect of this telephone call; when the Customer calls these services from the aforementioned territories, no amount can be invoiced to him for any reason whatsoever until he has been put in contact with a contact person responsible for the effective processing of his request.

In case of after-sales service

ARTICLE 10- Personal data

The Customer is informed that the Seller is required, as part of the purchase and use of the Services and Digital Content delivered, to collect and process personal data concerning the Customer.

This processing is carried out in accordance with the legal and regulatory provisions relating to the processing of personal data and, in particular,  Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms  , modified by the law n°2018-493 of June 20, 2018, Regulation (EU) 2016/679 of April 27, 2016 of the European Parliament and of the Council relating to the Protection of individuals with regard to the processing of personal data and the free movement of this data (known as “GDPR”), as well as any other legislative or regulatory provision in force.

The terms of collection and processing of personal data as well as the rights available to Customers over them can be consulted in the “Seller’s Privacy Policy” section, which the Customer must consult and accept, in particular at the time of placing your order.

Specific information also appears on each data collection form in order to provide the Customer with complete information before any processing of data concerning them.

The Customer is also invited to read the section concerning cookies and to configure their choices in this area on the dedicated platform.

ARTICLE 11 – Intellectual property

The Services and Digital Content delivered to the Client are intended for strictly private use. Any reproduction, representation or collective public use is prohibited.

Likewise, any exchange, resale or rental to a third party of Services and Digital Content delivered is strictly prohibited and will be considered a violation of copyright subject to criminal prosecution.

The Services and Digital Content as well as all the elements reproduced on the product sheet for each Service and Digital Content (in particular texts, comments, illustrations, logos and iconographic documents) are protected by the Intellectual Property Code and by applicable international standards.

The purchase and use of the Services and Digital Content by the Customer cannot confer on the latter or anyone else, over the above-mentioned protected elements, any right other than that of strictly personal, non-collective and non-commercial use.

The customer therefore only benefits from a right of personal use of the Services and Digital Content delivered, in a strictly private and free framework. Any use outside the scope of these terms is strictly prohibited and any use for purposes other than private exposes the customer to civil and/or criminal legal proceedings.

ARTICLE 12 – Force majeure

The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article  1218 of the Civil Code  or exceptional health or climatic hazards beyond the control of the Parties.

The Parties agree to determine as a case of force majeure:

• The inaccessibility of the MOULA Agency website due to the failure of an independent service provider at MOULA AGENCY, in particular the site host.

The Party noting the event must immediately inform the other Party of its inability to perform its service and justify this to the latter. The suspension of obligations cannot under any circumstances be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.

Performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed 48 hours. Consequently, as soon as the cause for the suspension of their reciprocal obligations disappears, the Parties will make every effort to resume the normal execution of their contractual obligations as quickly as possible. To this end, the prevented Party will notify the other of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial act. If the impediment is permanent or exceeds 48 hours, these will be purely and simply resolved according to the terms defined in the article “Resolution for force majeure”.

ARTICLE 13 – Duration of the contract and Termination of the contract

The contract is a successive execution contract with a duration of 1 month.

It is tacitly renewed from month to month unless denounced by the customer by any means at least 7 days before the end of the initial contract or its renewal.

The 7 days are from receipt of the customer’s denunciation, either: the same day in the event of denunciation by email or electronic link on the site, or on the day of the first presentation of a registered letter.

In the event of termination for fault, the contract may be terminated during the month, the invoiced due date remaining with MOULA AGENCY.

ARTICLE 14 – Customer’s right of withdrawal

The Customer has, in accordance with the law, a period of 14 days from the conclusion of the sale of the Services and Digital Content to exercise his right of withdrawal from the Seller and cancel his order, without having to justify reasons or to pay a penalty, for reimbursement, unless the execution of the services has started, with the express agreement of the Customer, before the end of the withdrawal period.

The right of withdrawal can be exercised online, using the withdrawal form, available on the MOULACLUB.COM website, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other declaration, unambiguous, expressing the desire to withdraw and in particular by postal mail addressed to MOULA AGENCY (contact details in article 1) or an email to contact@moulaclub.com mentioning the order concerned by this withdrawal.

If the right of withdrawal is exercised within the above-mentioned period, only the price of the Services and Digital Content ordered is refunded, within 14 days of receipt, by the Seller, of the Customer’s notification of withdrawal.

In the event of withdrawal after delivery of the Services and Digital Content, the price is refunded, less an amount corresponding to the Services and Digital Content already provided before the withdrawal decision, when these were provided with the express agreement of the Customer.

ARTICLE 15 – Applicable law

These General Conditions and the operations resulting from them are governed by French law.

They are written in French. In the event that they are translated into one or more languages, only the French text will be authentic in the event of a dispute.

ARTICLE 16- Disputes

In the event of a complaint, the Customer can contact the Seller’s Customer Service who will endeavor to find an amicable solution to the dispute.

If this approach fails, the Customer may resort to conventional mediation, in particular with the Consumer Mediation Commission ( Consumer Code art. L 612-1 ) or with existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.

The contact details and procedures for contacting the mediator are as follows:

FEVAD consumption mediator

BP 20015 – 75362 PARIS CEDEX 8 –

mediateurduecommerce@fevad.com

If the dispute must be brought before the courts, it is recalled that in application of article L. 141-5 of the Consumer Code “the consumer may refer the matter at his choice, in addition to one of the territorially competent courts under of the Code of Civil Procedure, the jurisdiction of the place where he resided at the time of the conclusion of the contract or the occurrence of the harmful event.”

It is also recalled that, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes. between consumers and professionals in the European Union.

ARTICLE 17 – Pre-contractual information – Customer acceptance

The Customer acknowledges having been informed by the Seller in a readable and understandable manner, by means of the provision of these General Conditions of Sale, prior to his purchase and in accordance with the provisions of article  L 221-5 of the Consumer Code ,

– on the essential characteristics of the Services and Digital Content allowing it to acquire them with full knowledge of the facts, in particular with regard to their conditions of use, as well as their functionalities, compatibility, interoperability and continuity, with any restrictions that may apply, the Customer being required to refer to the description of each Service and Digital Content in order to know its essential properties and particularities;

– if applicable, on the functionalities of the Services and Digital Content, including applicable technical protection measures, as well as any relevant compatibility and interoperability with certain goods, digital content or digital services as well as with certain hardware or software , of which the professional is or reasonably should be aware;

– on the price of Services and Digital Content and additional costs.

– on the terms of payment, supply and execution of the sales contract

– on the date on which or the period within which the Seller provides the Services and Digital Content ordered, in the absence of immediate execution of the contract;

– on the identity of the Seller, his postal, telephone and electronic contact details, and his activities, if they are not apparent from the context;

– on the existence and terms of implementation of guarantees (legal guarantee of conformity, guarantee of hidden defects, possible commercial guarantees) and, where applicable, on after-sales service;

– on the terms of termination, methods of settling disputes, other contractual conditions and, where applicable, the costs of using remote communication technology, the existence of codes of good conduct and deposits and financial guarantees;

– on the right of withdrawal and its terms of exercise, or on the absence of a right of withdrawal if applicable;

– on the possibility of using a consumer mediator, whose contact details appear in these General Conditions of Sale, under the conditions provided for in the Consumer Code.

The Client also acknowledges having been able to know, prior to the conclusion of the contract or the execution of the service, the essential characteristics of the Services and Digital Content as well as all the information referred to in article  L 111-2 of the Code of consumption .

The fact that the Customer makes a purchase of a Service and/or Digital Content implies full and complete adherence and acceptance of these General Conditions of Sale and obligation to pay for the Services and Digital Content ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.