Article 1: Preamble
These Terms of Sales apply exclusively to the sale of DVDs, video files or the rental of VoD films between Dans le sens de la vie Association, 9 rue des remparts 26340 SAILLANS (hereinafter “the Association”) and anyone making a purchase via the site https://www.montessorimovie.com (hereinafter “Customer”). Any internet user can read the Terms of Sales on the site https://www.montessorimovie.com (hereinafter the “Site”). These Terms of Sales may be subject to modifications, the applicable conditions are those in force on the website on the date of placing your order.
Terms of Sales (ToS): indicates the present document gathering the terms of sales.
Site or https://www.montessorimovie.com: designates the interactive electronic service operated by the Association whose access URL is https://www.montessorimovie.com and allowing access to services.
Temporary Download: defines the rental download of the Audiovisual Program on the User’s reception medium. The User rents the Audiovisual Program in the form of a digital file for limited viewing.
User: means the person who, having fulfilled the conditions of access to the site services, paid for the rental of a film.
Video on demand (VoD): designates the transmission of an audiovisual program by means of a coded signal with a view to its reception on a Reception Medium in the family setting at a time determined by the person requesting the transmission in consideration for a payment.
Article 2: Identification
Company name: DANS LE SENS DE LA VIE
Legal status: Association law 1901
Headquarters: 9 rue des remparts 26340 SAILLANS – France
President: Cécile FAULHABER
SIRET number: 818 222 291 00036
Phone: +33 475 215 229
Contact mail: firstname.lastname@example.org
Article 3: Price
The prices displayed on this site do not include shipping costs. They can be modified at any time without notice, knowing that books or DVDs will be invoiced on the basis in force at the time of the registration of the order.
The price is payable in full and in a single payment upon order. All orders are invoiced and payable in euros.
For any delivery outside of mainland France, any customs fees or local taxes remain the responsibility of the recipient and are their responsibility. We advise the customers concerned to obtain information from the competent authorities in their countries.
Article 4: Shipping costs
The shipping costs include a contribution to the costs of preparation, packaging and postage. They are fixed, depending on the weight of the products ordered, the geographic area varies the amount.
The shipping costs are indicated to the customer before the validation of his purchase.
Shipping costs are applicable for a given order: it is therefore preferable to group all of its items on a single order to benefit from lower shipping costs.
On the other hand, if the delivery is split for reasons of availability, the participation in the shipping costs will only be invoiced for a single shipment.
Article 5: Payment
Payment can be made:
• By bank card via Payline, the collection service of our bank La Banque Postale by following the instructions given on the site.
The debit of the card is made at the time of confirmation of the order by the customer and at the latest when the order is shipped. Credit card payments are guaranteed by a system secured by Payline which ensures the security and confidentiality of the data transmitted during payment. No bank details are passed on to us.
• By bank transfer, any bank charges are the responsibility of the customer.
The order is processed upon receipt of funds corresponding to the transfer.
Article 6: Billing
The purchase invoice is sent by email to the address provided at the time of order. It is possible, at the time of the order, to specify a billing address different from the delivery address, by validating the option provided for this purpose on the order form.
Article 7: Delivery
Delivery is made to the delivery address indicated by the customer at the time of the order. All of our deliveries in France and abroad are made by La Poste. The delivery time provided by La Poste for this type of offer is only indicative and does not bind Dans le sens de la vie Association.
When a customer has ordered several items in the same order and these have different delivery times, the order delivery time is based on the longest time.
Dans le sens de la vie Association reserves the right to split shipments under any circumstances.
Orders will only be processed upon receipt of payment made by the customer.
On delivery, the customer checks the condition of the shipping package as well as the content of the order which must be related to the shipping slip or invoice. Comments or complaints must be specified in writing on the delivery note. Customers are advised to carefully check deliveries before taking any action to remove labels or destroy the original packaging.In the event of a reserve issue at the time of reception, the customer must inform Dans le sens de la vie Association at its head office by email and registered mail with AR within 5 days of delivery.
Article 8: Availability of articles
If an item is unavailable, the customer will be informed as soon as possible by email or post. In the event of a temporary stock shortage, the customer has the choice to cancel his order by contacting the Association Dans le sens de la vie by email via the contact form on the website.
Article 9: Description, rules of use and access, operation of the VoD service
The Association provides Users with a download service on the Internet of Audiovisual Programs on demand from the Reception Support of the User.
9.1. Private use only
The services offered by the Association on the Site are exclusively limited to private use within the framework of the family circle and cannot be intended for collective use within the meaning of article L.122-5 2 ° of Intellectual property code. Any use outside this framework is strictly prohibited and in particular their resale, exchange, rental or transfer to a third party. The assembly, loan, exchange, reproduction, duplication, transmission, distribution, partial or total, of the Audiovisual Program are also strictly prohibited.
If you wish to organize a public screening of the film, please read the conditions on this page: https://www.montessorimovie.com/to-organize-a-screening/.
9.2. Affected customers
The paid services offered by the Association on the Site are reserved for adults or minors with parental permission allowing them to place an order on the Site. The Association reserves the right to close the account of any User who has violated this prohibition and to take legal action. In order to comply with the agreements with the beneficiaries of the Audiovisual Programs offered, the territory from which the User places the order for the Audiovisual Program will be automatically tested. If the territory from which the User attempts to order the Audiovisual Program is not part of the Authorized Territory for this Audiovisual Program, he will be informed and the Audiovisual Program cannot be viewed and / or downloaded.
9.3 Access to the Site
It is permanently insured, subject to periods of maintenance and upkeep, server update operations and any exceptional interruptions. Interruptions will be notified via the site at least 24 hours before they occur, except when these interruptions are of an emergency nature.
9.4 IT equipment required
It is recommended to the User before any purchase of Audiovisual Programs to check the compatibility of the Download Manager with its Reception Support.
The service is accessible from a computer with a RAM of 1 GB minimum. A broadband connection to the Internet by ADSL or cable of 512 kbps minimum is necessary, it being specified that a minimum speed of 1 Mbps is recommended.
Desktop / laptop computers (Windows, Mac, Linux): Chrome or Firefox latest version with the latest Operating System. If you have a message asking for an update, do it first for Chrome / Firefox.
Android: Chrome in its most recent version (with Android OS> 5). If that doesn’t work on Chrome, try Chrome Incognito / Firefox.
IOS: Safari latest version recommended (with IOS version> 11).
The User is solely responsible for the installation, operation and maintenance of his technical equipment necessary to access the Site.
9.5 Operation of the Streaming / Temporary Download Service
Unless otherwise stated, expressly indicated in the presentation of the products and recalled at the time of order, the Audiovisual Programs rented for a Streaming / Temporary Download can be viewed during a period of 48 hours. The User can only use one Reception Media to download and view the Audiovisual Programs rented by Temporary Download.
9.6 Prices and payment terms
The offer of Audiovisual Programs on the Site is live. The prices indicated take into account the VAT applicable on the day of the order. Any change in the applicable rate of VAT will be automatically reflected in the prices. The applicable prices are those in force on the Site on the day of subscription to the services offered by the Company.
The price of Audiovisual Programs is available on the dedicated pages on the Site and is indicated in euros including tax. The Association reserves the right to modify its prices at any time but Audiovisual Programs will be invoiced on the basis of the prices in force at the time of the registration of the order.
Payment for orders for Audiovisual Programs is made exclusively using one of the bank cards listed on the Site. The User pays for his orders by communicating his bank details. The transaction is secured. Payment is made on the secured bank servers of the Association’s partner company. The order is registered and validated upon acceptance of payment.
Article 10: Customer acceptance
The present Terms of Sales, as well as the prices, are expressly approved and accepted by the customer, who declares and acknowledges having a perfect knowledge of them, and renounces, therefore, to avail himself of any contradictory document and, in particular, his own conditions terms of purchase, the act of purchase entailing acceptance of these Terms of Sales. These conditions are subject to change at any time without notice by Dans le sens de la vie Association.
Article 11: Refund
• Non-defective items (right of withdrawal)
In accordance with article L121-20 of the consumer code and in the context of distance selling, the customer has a period of 7 days from receipt to return the product that would not suits him. Shipping and return costs will be at his expenses. Returns are to be made at the address of the Association Dans le sens de la vie, 13 rue Archinard 26340 – FRANCE.
This right of return can only be accepted for articles in their original condition and complete (packaging, accessories, instructions …), in good condition and accompanied by a copy of the purchase invoice. Items returned incomplete, damaged, damaged or soiled by the customer are not accepted.
Reimbursement will be made by any means of payment chosen by the In the Meaning of Life Association.
The return is made at the expense of the customer by parcel followed, in this case the goods are under the responsibility of the customer.
For multiple orders, the right of return can only be invoked once by the customer, whether on all or part of the order.
The Association Dans le sens de la vie reserves the right to refuse a refund if one of these stipulations is not respected. In this case the article will be returned to the customer at the expense of the Association Dans le sens de la vie.
• Defective items
Defective items may be returned to Dans le sens de la vie Association, which will rule within a maximum period of one month regarding the acceptance of the customer’s request.
In any event, the customer benefits from the legal guarantees of conformity of the goods with the contract and hidden defects and this in accordance with the legal provisions.
The provisions of this article do not deprive the customer of the right of withdrawal provided for in this article above.
Article 12: Intellectual property
12.1. Site protection
The Association is and will remain the holder of the intellectual property rights attached:
– the Site and its constituent elements such as, and without this list being exhaustive, texts, comments, works, illustrations, photographs, videos and images reproduced on the Site;
– to any distinctive sign, deposited or registered by the Association as a trademark or protected under any legislation relating to intellectual property. The Contract does not entail any transfer of property on the part of the Association to the User, and does not in any way entail authorization to represent, reproduce, modify or use the various elements of the Site commercially.
Any deterioration, as well as, in the absence of authorization, any representation, reproduction, modification, commercial use, total or partial, of the different elements of the Site is strictly prohibited and exposes its author (s) to prosecution.
12.2. Protection of Audiovisual Programs
Audiovisual Programs downloaded by the User are digital files protected by national and international copyright provisions. Their use can only be carried out in a private, free setting and under the conditions and limits set out in these Terms of Sales. For the Temporary Download service, the downloaded Audiovisual Programs can only be played during the period indicated on the presentation page of the recording. They are not transferable to a digital music player or burnable on CD, DVD or any other medium.
Article 13: Liability
The items offered comply with current French legislation and the standards applicable in France. The responsibility of the Association cannot be engaged in the event of non-compliance with the legislation of the country where the article is, where applicable, delivered. It is the Customer’s responsibility to check with local authorities the possibilities of importing or using the items ordered.
Photos are for illustrative purposes. The customer is invited to refer to the description of each article to know its precise characteristics. The Association is only responsible for the content of the pages it publishes. In the event of a manifest error between the characteristics of the book and its representation and / or the conditions of the sale, the Association cannot be held liable.
Regarding online shopping, the Association can not be held responsible for damages inherent in the use of the network such as data loss, intrusion or virus.
Article 14: Force majeure
The responsibility of the Association cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these Terms of Sales results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the civil code.
Article 15: Applicable law – Disputes
These Terms of Sales are subject to French law. In the event of a dispute relating to the conclusion or execution of these presents, the parties will endeavor, before initiating a contentious procedure, to reach an agreement with the help of a mediator whom they will appoint by approaching the Association of European Mediators (AME) 11 Place Dauphine, 75001 Paris. In case of failure of the mediation procedure, the courts of Paris will have sole jurisdiction.
Article 16: Personal information
The information and data concerning the customer are necessary for the management of his order and for commercial relations with the Association.
They are strictly confidential and will never be sold, exchanged or rented for marketing dissemination purposes. No regular newsletter will be sent, only exceptionally to communicate an important message.
They can be sent to companies that contribute to these relationships such as those responsible for executing orders for their management, execution, processing and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and as well as to allow the Association to improve and personalize the services offered and the information addressed.
In accordance with law n ° 78-17 of January 6, 1978 relating to data processing, files and modified freedoms, and to regulation (EU) 2016/679 relating to the protection of personal data, you have the following rights on your data:
A right of access, a right of rectification
A right to object
A right to erasure (right to be forgotten)
A right to define directives applicable after death
A right to limit processing
A right to portability
It is enough for the customer either to write online to the Association via the contact form accessible on the Site indicating his name, first name, email, address and if possible his customer reference or to directly access his account opened on the https://www.montessorimovie.com site.
To exercise your rights you can contact us by clicking here.