Refunds and Returns Policy

ARTICLE 1 – Identification of the Seller

Assurvia LTD, a limited company, headquartered at 20 Wenlock Road, London, England, N1 7GU, registered with the LONDON Trade and Companies Register under the number 15969830

Email: info@assur-via.com

Website: www.assur-via.com

ARTICLE 2 – Scope

The Seller offers the following services and digital content:

• Access to e-learning modules on various topics via Dedicated Tools
• Access to guides, tutorials, webinars

The client acknowledges and accepts that Assurvia LTD is not a training institution and does not issue any certificates or diplomas, and that the information provided through the sold subscriptions cannot be covered by training rights.

The information provided by Assurvia LTD is based on the personal experience of the contributors.

These General Terms and Conditions of Sale apply, without restriction or reservation and to the exclusion of all other conditions, to any sale of Services and Digital Content supplied by the Seller to non-professional consumers and clients (« The Clients or the Client ») (Seller and Client are also referred to as « the Parties » or « a Party »).

They specify, in particular, the conditions for using the Seller’s website, placing orders, payment, and providing the Services and Digital Content ordered by the Clients.

The Client, who acknowledges having received these General Terms and Conditions of Sale and their appendices, containing information required by law, in a clear and understandable manner on a durable medium or in an easily downloadable document, is obliged to become familiar with them before placing any order.

The choice and purchase of a Service or Digital Content is the sole responsibility of the Client.

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

The Client declares having read these General Terms and Conditions of Sale and accepts them prior to the conclusion of the contract for the provision of Services and Digital Content.

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

These General Terms and Conditions of Sale may be subject to subsequent amendments; the version applicable to the Client’s purchase is the one in force on the date of the contract conclusion. The Client must, therefore, ensure the availability of this document, highlighting the importance of downloading it for documentation purposes, future reference, and exact reproduction.

Such information will be provided, upon request, in a format accessible to persons with disabilities.

In case of the validity period of the General Terms and Conditions of Sale

ARTICLE 3 – Orders

The Client selects the Services and Digital Content they wish to order, following these steps:

• Product choice and product details
• Validation of the GTC and order signifying commitment to pay
• Payment

The Client is responsible for verifying the accuracy of the order and immediately reporting any errors.

The sale of Services and Digital Content will not be considered final until the Client receives confirmation from the Seller accepting the order and the total price has been paid.

The Seller reserves the right to cancel or refuse any order from a Client with whom there exists a dispute regarding payment for a previous order.

ARTICLE 4 – Prices

The service price is 

– 14€ per month.

– 49€ per month.

– 89€ per month.

ARTICLE 5 – Provision of Services and Digital Content

The Services and Digital Content ordered by the Client will be provided as follows: access via the client account to a Discord community, webinars, tutorials, and guides.

Subsequent updates are included in the price.

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

– either the suspension of the 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 termination of the sale, after having unsuccessfully notified the Seller to comply without undue delay or within a reasonable additional period agreed expressly between the Parties.

The contract will be considered terminated upon receipt, by the Seller, of the document notifying the resolution, unless it is executed in the meantime.

Resolution can be immediate if the Seller refuses to comply, or it is obvious they cannot deliver the ordered Services and Digital Content, or if the non-respected delivery deadline constituted, for the Client, an essential condition of the sale.

In case of termination of the sale, the amounts paid by the Client will be refunded no later than fourteen days following the date of termination of the contract, without prejudice to any potential damages for the Client.

The Client is obliged to check the conformity of the Services and Digital Content delivered, particularly their compatibility and adaptability to their digital environment.

The Client has a period of 14 days from delivery to formulate, by email, any reservations or claims in case of defect or apparent flaw in the delivered Services and Digital Content.

Past this period and in the absence of compliance with these formalities, the Services and Digital Content provided will be considered free from any apparent defects.

It is recalled that the absence of reservations made by the Client upon receipt of the Services and Digital Content does not exempt the Seller from the conformity guarantee, as described below.

ARTICLE 6 – Updates of Services and Digital Content

The Seller undertakes to ensure, at no cost to the Client, the necessary updates of the supplied Services and Digital Content to ensure their compliance is maintained.

The Client will be clearly informed of each update within a reasonable time before installation as well as the consequences of non-installation, in accordance with the provisions of Article L 224-25-25, I of the Consumer Code.

In case the Client refuses to install the necessary updates to maintain the compliance of the delivered Services and Digital Content, the Seller cannot be held responsible for any compliance failures resulting from the absence of updates.

Any update not necessary to maintain the compliance of the Services and Digital Content must receive the Client’s approval. The Client should be informed by the Seller, in a clear and precise manner, on a durable medium, about the contemplated update and its effective date of entry into force.

The Client may refuse the installation of an update not necessary for the maintenance of the delivered Services and Digital Content or uninstall them.

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

ARTICLE 7 – Technical Measures

The delivered Services and Digital Content are protected by technical protection measures allowing for monitoring of their use and copying.

The violation of technical protection measures is sanctioned by specific offenses referred to in Article L 335-3-1 and subsequent articles of the Intellectual Property Code.

The Seller undertakes to make every effort to allow and secure the access, consultation, and use of the delivered Services and Digital Content.

For technical reasons, notably maintenance or network failure, temporary service interruptions are possible.

The Seller cannot be held responsible for:

– temporary interruptions required for evolution, maintenance, or generally updates of the delivered Services and Digital Content,

– technical problems, functional difficulties, or temporary interruptions of the delivered Services and Digital Content, beyond their control, especially in case of power, telecommunications or internet access service failures or interruptions, particularly regarding data transmission via networks and data infringement,

– any potential data or equipment exposure risks due to Internet use (possible viruses, hacking, etc.). The Client commits to taking all appropriate measures to protect their own data and software from potential computer virus contamination. The Seller is not responsible for any potential damage resulting therefrom, such as data loss or computer equipment damage.

The Client acknowledges that they are solely responsible for how they use the delivered Services and Digital Content. The Seller cannot be held responsible as a result of a claim and/or proceeding against the Client.

ARTICLE 8 – Seller’s Liability – Guarantees

The offered Services and Digital Content comply with the current French regulations and are compatible with non-professional use.

The Client benefits, by law and without additional payment, from the legal guarantee of conformity and the legal guarantee against hidden defects.

1. Legal Conformity Guarantee

The Seller agrees to deliver Services and Digital Content that conform to the contractual description, the criteria set out in Article L 224-25-14 of the Consumer Code, and the specificities defined by the preliminary article of the Consumer Code concerning:

– functionality (the ability of Services and Digital Content to fulfill their functions regarding their purpose),

– compatibility (the ability of Services and Digital Content to function with computer hardware or software without needing conversion),

– interoperability (the ability of Services and Digital Content to operate with different computer hardware or software from those 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 delivered Services and Digital Content into the Client’s digital environment and includes necessary updates for maintaining compliance of the Services and Digital Content, as well as customer assistance that the Client could legitimately expect, without charge to the Client.

The Seller is responsible for nonconformities existing at the time of delivery of the Services and Digital Content and which appear within two years from this date. For one year from the delivery date of the Services and Digital Content, the Client only needs to establish the nonconformity exists and not the date of its appearance.

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

This warranty period applies without prejudice to Articles 2224 and following of the Civil Code, with the prescription beginning on the day the Client becomes aware of the nonconformity.

In case of nonconformity, the Client may require the delivered Services and Digital Content to be brought into conformity or, failing that, a price reduction or contract rescission under the legal conditions, except if the nonconformity is minor.

The Client can also suspend the payment of all or part of the price or the provision of the contractual benefit until the Seller meets their obligations under the legal guarantee of conformity, in accordance with Articles 1219 and 1220 of the Civil Code unless the nonconformity is minor.

The Client shall request the Seller to ensure the conformity of the Services and Digital Content, which must take place without undue delay, at no charge, and without any major inconvenience to the Client.

The Client undertakes to cooperate with the Seller to allow them to verify the cause of any potential nonconformity.

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

The Client may finally request a price reduction or contract rescission (except if, due to price payment, the nonconformity is minor) in the following cases (L 224-25-20 of the Consumer Code):

– The Seller refuses to bring the Services and Digital Content into conformity;

– The conformity update of the digital content or service is unjustifiably delayed or causes significant expenses or inconvenience for the Client; the nonconformity of the Services and Digital Content persists despite the professional’s unsuccessful attempt to update.

– The defect is severe enough to justify an immediate price reduction or contract rescission; the Client in this case does not have to require prior conformity of the nonconforming Services and Digital Content.

The price reduction is proportional to the difference between the value of the delivered Service or Digital Content and its value if there were no nonconformity.

In the event of contract termination, the Client is reimbursed for the paid price or any other advantage received under the contract for the delivered Services and Digital Content.

The Client’s refund will occur without undue delay and no later than fourteen days after the Client’s notification of the decision to terminate the contract, using the same payment method that the Client used during the payment, unless specifically agreed otherwise and in any case without additional fees.

The provisions mentioned above are without prejudice to any damages awarded to the Client due to the harm suffered by them from nonconformity.

The Seller will make available to the Client, without charge and within a reasonable timeframe, any content, excluding personal data, provided or created by the Client during the use of delivered Services and Digital Content, in a commonly used, machine-readable format.

The Seller must refrain from using any content, other than personal data, respecting the obligations under Regulation (EU) 2016/679 of April 27, 2016 (GDPR), provided or created by the Client in the context of the use of delivered Services and Digital Content, unless these Services and Digital Content were jointly generated by the Client and others, and other consumers or non-professionals can continue to use them, subject to legal exceptions, particularly concerning the impracticality of the Services and Digital Content in question or their aggregation with other data.

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

The Client agrees not to use the delivered Services and Digital Content or make them accessible to third parties. If the delivered Services and Digital Content were provided on a material support, the Client agrees to return this support without undue delay and at the Seller’s expense if they request its return within 14 days following the date the Client informed the professional of their decision to terminate the contract.

2. Legal Guarantee against Hidden Defects

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

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

3. Exclusion of Guarantees

The Seller’s liability cannot be engaged in the following cases:

– Non-compliance with the legislation of the country where the Services and Digital Content are delivered, which it is the Client’s responsibility to verify before placing an order;

– In case of misuse, use for professional purposes, accident, or force majeure;

– Refusal to install by the Client, duly informed within a reasonable time as provided in these General Terms and Conditions of Sale, necessary updates to maintain the compliance of the delivered Services and Digital Content.

This section inserted in the General Terms and Conditions of Sale pursuant to the provisions of Article D 211-4 of the Consumer Code concerning legal guarantees of conformity and hidden defects:

Consumers have the right to the implementation of the legal guarantee of conformity in case of a conformity defect occurring within 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 conformity defect and not the date it appeared.

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

The legal guarantee of conformity entitles the consumer to have the digital content or digital service brought into conformity without undue delay following their request, at no charge and without major inconvenience to them.

The consumer may obtain a reduction in the price while retaining the digital content or digital service, or terminate the contract fully against renouncing the digital content or the digital service if: 1° The professional refuses to bring the digital content or the digital service into conformity; 2° The conformity update of the digital content or digital service is unjustifiably delayed; 3° The conformity update of the digital content or digital service cannot occur without costs imposed on the consumer; 4° The conformity update of the digital content or digital service causes a major inconvenience for the consumer; 5° The nonconformity of the digital content or digital service persists despite the professional’s unsuccessful attempt to update.

The consumer also has the right to a price reduction or termination of the contract if the conformity defect is so severe that it justifies immediate price reduction or contract rescission, even without prior demand that the nonconforming digital content or digital service be brought into conformity.

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

Any period of unavailability of the digital content or service with a view to its restoration to conformity suspends the guarantee effective period until the provision of the digital content or service again conforms.

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

The professional who in bad faith obstructs the implementation of the legal guarantee of conformity shall incur a civil fine of a maximum amount of €300,000, which may be increased 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 under Articles 1641 to 1649 of the Civil Code, for two years from discovering the defect. This guarantee entitles them to a price reduction if the digital content or service is retained or a full refund against renouncing the digital content or the service.

ARTICLE 9 – Customer Support

The Seller makes available to the Client a FAQ section, allowing them to find many answers to potential questions.

If the Client needs specific assistance or wishes to file a complaint, the Seller’s Customer Service can be contacted by the following means:

• By email, via forms available on the Seller’s website, or by postal mail.

It is recalled that, in accordance with current legislation, the Seller’s telephone support services are accessible from the metropolitan territory, overseas departments and regions, and territorial collectivities of Saint-Barthélemy, Saint-Martin, and Saint-Pierre-et-Miquelon, via a non-geographic, fixed and toll-free call number; no additional cost other than that of the phone call may be charged to the Client for these services regarding this phone call; when the Client calls these services from the aforementioned territories, no amount can be charged to them regardless until they are connected with a representative managing the actual processing of their request.

In case of after-sales service

ARTICLE 10 – Personal Data

The Client is informed that the Seller is required, in the context of the purchase and use of delivered Services and Digital Content, to collect and process personal data concerning the Client.

These processing operations are conducted in compliance with legal and regulatory provisions regarding personal data processing, particularly Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms, as amended by Law No. 2018-493 of June 20, 2018, the Regulation (EU) 2016/679 of April 27, 2016, of the European Parliament and Council relating to the protection of natural people regarding the processing of personal data and the free movement of such data (known as « GDPR »), and any other legislative or regulatory provision in force.

The methods for collecting and processing personal data, as well as the rights that Clients have in relation to them, are detailed in the “Seller’s Privacy Policy” section, that the Client must consult and accept, notably at the time of their order placement.

Specific notices are also present on each data collection form to ensure the Client is fully informed before any data processing concerning them.

The Client is also encouraged to review the section concerning cookies and configure their preferences concerning them on the dedicated platform.

ARTICLE 11 – Intellectual Property

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

Equally, any exchange, resale, or renting to a third party of delivered Services and Digital Content is strictly prohibited and considered a copyright infringement subject to criminal prosecution.

The Services and Digital Content, along with all elements reproduced on each digital product’s information sheet (including texts, comments, illustrations, logos, and iconographic documents), are protected by the Intellectual Property Code and applicable international standards.

The purchase and use of the Services and Digital Content by the Client does not confer any rights to the previously protected elements, other than a strictly personal, non-collective, and non-commercial use.

Therefore, the Client only benefits from a personal use right for the delivered Services and Digital Content, within a strictly private and non-commercial framework. Any usage outside the scope of these Terms is strictly prohibited, and any utilization for purposes other than private ones exposes the Client to civil and/or criminal prosecution.

ARTICLE 12 – Force Majeure

The Parties shall not be held responsible if the non-performance or delay in the execution of any of their obligations, as described herein, arises from a case of force majeure, as defined by Article 1218 of the Civil Code, or from exceptional sanitary or climatic events beyond the Parties’ control.

The Parties agree to identify as force majeure cases:

The inaccessibility of the Assurvia LTD website due to the failure of an independent service provider to Assurvia LTD, notably the site’s host.

The Party observing the event must immediately inform the other Party of its impossibility to execute its performance and justify it to the other Party. The suspension of obligations shall not, in any case, act as a cause of liability for non-performance of the obligation in question, nor result in the payment of damages or late penalties.

Execution of the obligation is suspended for the duration of the force majeure event if it is temporary and does not exceed 48 hours. Therefore, once the reason for the suspension of their reciprocal obligations no longer exists, the parties shall use every effort to resume the normal performance of their contractual obligations as swiftly as possible. For this purpose, the Party prevented shall notify the other of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial act.

If the prevention is permanent or exceeds 48 hours, the present contract shall be purely and simply terminated in accordance with the procedures defined in the « Force Majeure Termination » article.

ARTICLE 13 – Contract Term and Termination

The contract is a successively executed contract with a term of 1 month.

It renews tacitly from month to month unless terminated by the client by any means at least 7 days before the term of the initial contract or its renewal.

The 7 days are counted from the reception of the client’s denunciation, either: the very day in case of termination by email or electronic link on the website, or on the first presentation day of a registered letter.

In case of termination for cause, the contract may be ended mid-month; the billed due date remains accruable to Assurvia LTD.

ARTICLE 14 – Client’s Right to Withdrawal

The Client has, according to the law, a period of 14 days from the conclusion of the sale of Services and Digital Content to exercise their right of withdrawal with the Seller and cancel their order, without having to justify reasons or pay penalties, for a refund, except if performance of the services began with the Client’s express consent before the end of the withdrawal period.

The right of withdrawal can be exercised online, using the withdrawal form available on the Assurvia LTD website, in which case an acknowledgment of receipt on a durable medium will be immediately sent to the Client by the Seller, or any other unambiguous statement expressing the wish to withdraw, particularly by postal mail addressed to Assurvia LTD (contact details in Article 1) or an email to contact@assurvia.com mentioning the order in question for this withdrawal.

In case of exercising the right of withdrawal within the period noted above, only the price of ordered Services and Digital Content is refunded within 14 days of reaching the Seller with the Client’s withdrawal notification.

In the event of the withdrawal after the delivery of 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 they were provided with the Client’s express agreement.

ARTICLE 15 – Applicable Law

These General Conditions and the resulting transactions are governed by French law.

They are written in the French language. In the event they are translated into one or more languages, only the French text shall prevail in the event of a dispute.

ARTICLE 16 – Disputes

In case of a complaint, the Client may contact the Seller’s Customer Service, which will attempt to find an amicable solution to the dispute.

If this approach fails, the Client may resort to conventional mediation, especially with the Consumer Mediation Commission (C. consom art. L 612-1) or existing sectoral mediation bodies, or any alternative dispute resolution methods (conciliation, for example) in case of contestation.

The contact details and manner for referring the mediator are as follows:

Consumer Mediator FEVAD

BP 20015 – 75362 PARIS CEDEX 8 –

mediateurduecommerce@fevad.com

If the dispute needs to be brought before the courts, it is recalled that, following Article L. 141-5 of the Consumer Code « the consumer may seize, at her/his choice, in addition to one of the territorially competent jurisdictions under the Code of civil procedure, the jurisdiction of the place where she/he resided at the time of the conclusion of the contract or the occurrence of the damaging event. »

It is also recalled that, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has established an Online Dispute Resolution platform, facilitating independent resolution by extrajudicial means of online disputes between consumers and professionals in the European Union.

ARTICLE 17 – Pre-Contractual Information – Client Acceptance

The Client acknowledges having been informed by the Seller clearly and comprehensibly, by means of the availability of these General Terms and Conditions of Sale, prior to purchase and according to the provisions of Article L 221-5 of the Consumer Code, about:

• The essential characteristics of the Services and Digital Content allowing for their purchase with full knowledge of the causes, including regarding their conditions of use, functionalities, compatibility, interoperability, and continuity, with any applicable restrictions, with the Client required to refer to the description of each Service and Digital Content to know their essential properties and particularities;

• If applicable, about 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 and certain equipment or software, that the professional has or should reasonably know.

• The price of Services and Digital Content and additional costs.

• Payment methods, provision, and execution of the sales contract.

• The date or deadline within which the Seller provides the ordered Services and Digital Content, in the absence of immediate contract execution;

• The identity of the Seller, their postal, telephone, and electronic contact details, and activities, where they do not emerge from the context;

• The existence and implementation conditions of guarantees (legal guarantee of conformity, guarantee against hidden defects, possible commercial guarantees) and, where applicable, after-sales service;

• The termination methods, dispute resolution methods, other contractual conditions, and, where applicable, the costs of utilizing distance communication, the existence of codes of good conduct, and financial guarantees;

• Withdrawal rights and their exercise methods, or absence of withdrawal rights, as the case may be;

• The possibility of resorting to a consumer mediator, whose contact details appear in these General Terms and Conditions of Sale, under conditions provided by the Consumer Code.

The Client also acknowledges being in a position to learn about the essential characteristics of Services and Digital Content prior to the conclusion of the contract or execution of the service, as well as all the information referred to in Article L 111-2 of the Consumer Code.

The fact that the Client makes a purchase of Service and/or Digital Content constitutes their full acceptance of these General Terms and Conditions of Sale and obligation to pay for the ordered Services and Digital Content, which is expressly recognized by the Client, who waives invoking any contradictory document, which would be unenforceable to the Seller.

Please make sure to modify or adjust any specific legal points, contacts, or references as necessary for compliance and correctness with your legal standards and practices.