§ 1 General provisions
VESTILLY OÜ is a company with its registered office in Estonia and its address is the following
Tornimäe 7-40
10145 Tallinn
The products proposed by VESTILLY OÜ can be bought online.
VESTILLY OÜ also offers physical and digital products.
§ 2 Definitions
In these general terms and conditions of sale, the words or expressions beginning with a capital letter have the following meaning:
Client: means any individual or legal entity, acting in its capacity as a merchant or consumer, who purchases online one of the training courses offered by the Company under the conditions described below.
General Sales Conditions: refers to the present document, including its annexes.
Training: refers to the training courses offered by the Company, online and/or in person, in the field of personal development, available for sale on the Site under the conditions described below.
Party (ies) : refers individually to the Company or a Client and collectively to the Company and a Client.
Products: shall designate all products offered for sale by the Company on the Site in accordance with the terms and conditions set forth below.
Company : shall designate the company VESTILLY OÜ.
§ 3 Purpose
The purpose of these general terms and conditions of sale is to define their scope of application and the conditions of their acceptance.
They also describe the training courses and products offered by the Company, as well as the conditions under which Customers purchase these training courses and products on the Website.
The general terms and conditions of sale also regulate the terms of payment for these courses and products.
§ 4 Field of activity
The parties agree that their relationship shall be governed by these terms and conditions, to the exclusion of any terms and conditions previously available on the Website.
These terms and conditions apply to all sales of training and products offered by the Company through the Website.
§ 5 Acceptance of the general sales conditions
Any order of a training course or a product on the Website implies the prior, express and unconditional acceptance by the Customer of the present General Terms and Conditions under the conditions provided for in articles 7.1 and 7.2.
§ 6 Courses and products
The company offers training courses for sale via the website. These are online and/or face-to-face training courses.
The training courses offered by the Company are explained in more detail on the Website by means of descriptive sheets, the content of which may be modified by the Company at any time.
Training courses are offered on a space available basis.
§ 7 Ordonnances
7.1 - Ordering a course
Any purchase of a training course requires :
- the selection of a course accessible via the sales pages ;
- After selecting the Course by clicking on the corresponding button on the Site, the Customer is redirected to a page summarizing his order.
The Customer must then: (1) select the number of payment dates; (2) fill in the fields of the "Your information" form on this page; (3) enter his or her payment information; (4) expressly and unconditionally accept these general terms and conditions by clicking on the button provided for this purpose at the bottom of the page;
- The Customer completes his order by clicking on the corresponding button on the Site.
7.2 - Ordering a product
Each purchase of a product involves :
- the selection of a Product, accessible via the sales pages or via the dedicated tab in their member area ;
- Once the product is selected, the customer is redirected to a page summarizing their order.
The customer must then: (1) fill in the "Information" form on this page and click on the button to complete the order.
Product, by credit card or by PayPal; (2) expressly and unconditionally accept.
7.3 - Automatic confirmation of the order
As soon as the payment of his order has been made, the Customer will receive an automatic confirmation of his order by e-mail to the address he will have indicated in the form referred to in article 7.1 or article 7.2.
7.4 - Shipment of ordered products
As soon as the payment of the order has been made or the face-to-face training modules have been delivered, the Customer will also receive by e-mail (at the address indicated by the Customer on the form referred to in article 7.1) all the expected products.
7.5 - Final confirmation of orders by the Company
In the case of orders placed on a professional basis, the Company reserves the right to accept or refuse them after verifying the accuracy and compliance of the information provided by the Customer at the time of the order.
In addition, the Company reserves the right not to honor an order:
- If the banking organization in charge of managing the payment of the order shows an inability to carry out the payment of the customer ;
- if it proves abnormal because of its content, its frequency or the bad faith of the customer;
- more generally, if there is a legitimate reason within the meaning of Estonian law.
When the Company confirms the Client's order, it sends the corresponding invoice by e-mail to the address indicated by the Client on the form referred to in Article 7.1 or Article 7.2.
If the Company does not accept the Customer's order for any of the above reasons, the Customer will receive an e-mail (to the address provided by the Customer on the form referred to in Article 7.1 or Article 7.2, provided that a valid and error-free e-mail address has been provided) indicating that the order will be cancelled and the amount will not be debited or that the Customer will receive a refund as soon as possible.
The refund will be made by the same payment method used by the Customer (credit card (Stripe)/PayPal), unless the parties have expressly agreed otherwise in writing.
7.6 - No right of withdrawal
By accepting these Terms and Conditions, the Customer: (1) expressly agrees that the performance of the Training (Products) shall begin before the expiration of the withdrawal period granted to him/her by Estonian law; (2) de facto expressly waives this right of withdrawal.
As the training courses on the Site are fully executed before the expiration of the withdrawal period provided by the Estonian Law, the Customer does not benefit from the aforementioned right of withdrawal under these conditions in accordance with the provisions of the Estonian Law.
§ 8 Prices and payment of the order
8.1 - Prices
The prices of the products offered by the company are fixed.
These prices are indicated on the website and are expressed in euros.
They are prices excluding taxes (according to the situation of the company), final and not revisable, unless otherwise agreed in writing by the parties.
In this respect, particularly with regard to the elements of face-to-face training whose content is likely to be enriched between the date of the order and the implementation of the element of the said face-to-face training, the Company may have to revise its price upwards. In this case, Clients will be informed of the price changes and will only be able to participate in the face-to-face training elements by paying the additional price indicated by the Company. In case of refusal, they will be refunded the part of the Product price corresponding to these elements.
Prices will be paid in accordance with Article 8.2 of this Agreement.
8.2 - Payment
Payment of the order is made by credit card on the Company's website, via a secure payment service or via PayPal.
Payment of the order may also be made by bank transfer to the bank details provided by the Company to the Client at the time of validation of the order, under the conditions set out in Article 7.1. In case of payment by bank transfer, the Client expressly waives the "satisfied or reimbursed" guarantee offered by the Company, under the conditions defined in Article 14.
After payment of the order or its first instalment, the Client will receive a corresponding invoice sent to the e-mail address indicated by the Client on the form referred to in Article 7.1.
The Company's invoice will be based on the Client's details as indicated on the form referred to in Article 7.1, without the possibility of modification.
In the event of payment by credit card in several instalments (3, 4, 6 or 10 instalments), the payment schedule communicated to the Client at the time of validation of the order under the conditions defined in Article 7.1 may not be modified.
In the absence of regulations, the Company will delete the Customer's personal account, without any technical possibility of recovery. Consequently, if the Client wishes to continue with the training initially ordered, he/she must reorder it and pay for it in full.
In addition, any delay in payment, after a previous reminder has been sent without success, will result in the application of interest on arrears, calculated on the basis of the interest rate applied by the European Central Bank for its last refinancing operation, increased by 10 percentage points, as well as a flat-rate indemnity of EUR 40 for collection costs, in accordance with the provisions of Estonian law.
§ 9 Prices and payment of products
9.1 - Prices
The prices of the products offered by the company are fixed.
These prices are indicated on the website and are expressed in euros.
They are prices excluding taxes (according to the situation of the Company), final and not revisable, unless otherwise agreed in writing by the Parties.
Payment of prices shall be made in accordance with Article
8.2 of this Agreement.
9.2 - Payment
Payment for a Product is made by credit card on the Company's website, via a secure payment service or via PayPal.
Following this payment, the Client will receive a corresponding invoice at the e-mail address provided by the Client on the form referred to in Article 7.2.
The Company's invoice will be issued to the Client's contact details indicated on the form referred to in Article 7.1, without any possibility of modification.
9.2 - Payment
Payment for a Product is made by credit card on the Company's website, via a secure payment service or via PayPal.
Following this payment, the Customer will receive a corresponding invoice at the e-mail address provided by the Customer on the form referred to in Article 7.2.
The Company's invoice will be issued to the Client's contact details indicated on the form referred to in Article 7.1, without any possibility of modification.
10.1 - Online training
In the case of online training paid in installments, the content will be made available to the Customer according to the schedule communicated to him when validating his order. The schedule and calendar are not subject to change.
10.2 - Face to face training
Dates and places of execution
In the case of face-to-face training, the customer will be informed of the places and dates of execution when validating his order. However, the company reserves the right to modify these dates at any time.
Absence
The Company informs the Clients that the number of participants in its training courses is voluntarily limited.
In case of absence, the client is required to inform the company. No refund will be made.
Additional information
Clients are informed that these trainings are not to be considered as therapies.
Furthermore, in case of dismissal of a training for disciplinary reasons, no refund will be made by the company.
Finally, travel, accommodation, meals, etc. are the responsibility of the client and will not be refunded.
§ 11 Declarations and obligations of the client
The Customer declares that he/she has the legal capacity to purchase the Training or the Product.
The customer acknowledges that he/she has received the necessary advice and information to ensure that the purchased training is suitable for his/her needs.
§ 12 Obligations of the Company
In executing this Agreement, the Company is bound by a commitment of funds.
§ 13 "Satisfied or refunded" guarantee 30 days
13.1 - Online training
In case of disappointment on the part of the Client, despite all the attention paid by the Company to the content of these training courses, it is possible for the Client to send a request for reimbursement to the Company's customer service department (whose contact details are given in Article 22 of this contract):
- All products must be tested before a refund can be requested.
- Within thirty (30) days from the date of payment of his order, under the conditions defined in Article 8, if the payment of the training was made in several times.
- In the event that the customer shows vulgarity, aggressiveness, or disrespect, no refund will be made.
- If there is no money back guarantee on the sales page, no refund will be made.
Requests for refunds made outside the above-mentioned deadlines will not be considered by the company.
Any refund request must be accompanied by a written statement from the Customer, sent by email within 24 hours, in which the Customer undertakes to delete from any storage medium the content relating to the order concerned by this request.
13.2 - Personal training
In the event of disappointment on the part of the Client, despite all the attention paid by the Company to the content of these training courses, the Client may submit a request for reimbursement to the Company's Customer Service Department (whose contact details are given in Article 22) within fifteen (15) days of the validation of the order concerned.
Refund requests made outside the above-mentioned period will not be considered by the Company.
Any request for reimbursement must be accompanied by a written certificate from the Principal undertaking to delete from any storage medium the content relating to the training concerned by this request.
Finally, no request for reimbursement can be made for courses for which registrations are nominative.
§ 14 Modification of the general terms of sale
The General Terms and Conditions of Sale in force are those in force on the date on which the online payment is made for the Product selected by the Client.
However, the Company may modify the present General Terms and Conditions at any time and without prior notice, by informing its Clients of the entry into force of the modifications by e-mail and/or by publishing them on the Website.
The Company updates the General Terms and Conditions of Sale by indicating the date of the last update in the upper right-hand corner of these Terms and Conditions.
§ 15 Liability
The Company is only liable for direct damage caused by its fault, which the Client must prove. Compensation for damages suffered by the Client shall not exceed the amount due by the Client for the training in question.
The Company is not liable for indirect damages suffered by its clients.
§ 16 Major force
In accordance with the provisions of Estonian law, the Company shall not be liable for non-performance of its obligations in the event of force majeure.
In particular, the Company shall not be liable for any failure, delay/failure to deliver due to any cause beyond its control, including, but not limited to, weather, natural disasters, strikes, traffic accidents, etc.
In the event of the occurrence of an event of force majeure within the meaning of Estonian law, including unforeseeable events such as strikes, epidemics, work stoppages, labor unrest, plant closures, floods, fires, production or transportation errors not attributable to the Company, disruptions in supplies, wars, riots, civil commotion and, in general, any circumstances or events that prevent the Company from properly fulfilling its obligations, the Company will not be liable for the non-performance of its obligations under the training in question, provided that it has immediately informed the Client and has taken all necessary measures to limit the effects thereof.
In the event that the effects of an event of force majeure last more than one hundred and eighty (180) days, the Customer may: (1) maintain his order and wait for the implementation of the Training concerned; (2) terminate the contract by means of a letter sent by e-mail to the Customer Service and obtain reimbursement of the Training from which he was unable to benefit.
§ 17 Image rights (seminars)
During the personal performance of the products, photographs and videos may be taken or used for further promotional purposes.
Customers who appear in these photos and videos irrevocably assign all their image rights to the company for a period of 70 years, without being entitled to any compensation, so that the company can use them in all promotional communications.
On their side, the customers refrain from filming and/or recording by any means whatsoever the events, the trainings, the mentoring sessions and the interventions of the members of VESTILLY OÜ during the face to face trainings.
§ 18 Intellectual property
18.1 - Website
All the elements contained on the Website, held and published by the Company, are protected by the laws on intellectual property.
Thus, the Company is the sole owner of all right, title and interest, including all intellectual property rights, in and to the Website, as well as in and to any ideas, suggestions, requests for improvement, comments, recommendations and other information that customers and third parties may communicate through the Website.
In addition, the Company holds the rights of use on all the elements accessible on its Website, in particular the texts, images, graphics, logos, icons, sounds, software, etc. which can be accessed through the Website.
Consequently, any reproduction, representation, modification, publication, total or partial adaptation of the elements of the Site, by any means or process whatsoever, is prohibited, except with the express prior authorization of the Company.
18.2 - Products
All the products developed under the VESTILLY OÜ brands represent the know-how of the Company and are protected in whole or in part by copyright.
The Estonian law on the intellectual property protects by the copyright all the intellectual works, whatever the kind, the form of expression, the merit or the purpose, as long as they are original and that their author enjoys, by the only fact of their creation, an exclusive incorporeal property right and opposable to anyone.
Counterfeiting is a criminal offence subject to criminal and civil penalties.
Any reproduction, representation or distribution of a work of the mind, by any means whatsoever, in violation of copyright will be considered an infringement, and therefore a fortiori any reproduction or representation, total or partial, of our training, our video films or any other related document without our permission.
In addition, the unauthorized use and reproduction of the company's video images also constitutes an infringement of the personal rights and image rights of the persons represented in these video images. In case of violation, an additional penalty may be imposed in this regard.
Therefore, all the elements that make up the company's training courses may not be downloaded, disclosed to third parties or used for professional or collective purposes. The provision of these elements to the Client is exclusively reserved for the private use of the Client.
§ 19 Miscellaneous
19.1 - Waiver
The failure of Company to exercise any provision of this Agreement at any time shall not be construed as a waiver by Company of its right to exercise any such provision at any subsequent time.
19.2 - Validity / Severability
The invalidity, inapplicability or, more generally, the ineffectiveness of certain provisions of the General Terms and Conditions of Sale shall not affect the other provisions, which remain fully valid and binding.
19.3 - Substitution
The Company reserves the right to be replaced, in whole or in part, by one or more legal entities having the same legal representative or whose control is held, directly or indirectly, by the same legal representative, without remaining guarantor and without being jointly and severally liable to the substituted third party for the performance of the present Terms and Conditions and all acts arising or to arise therefrom.
§ 20 Customer Service
The company's customer service can be contacted
- by e-mail at support@ferdinandstil.com
§ 21 Amicable settlement of disputes
Customer complaints should be addressed to the company's customer service department (contact details are given in article 20 of these conditions).
After sending a complaint to the Company and in the event that no amicable settlement can be reached, the Consumer Customer will be duly informed that he/she has the right to resort to mediation in accordance with the Regulations.
§ 22 Applicable law and jurisdiction
The law of the Republic of Estonia shall apply. Place of performance and jurisdiction is Munich.
All disputes in connection with these terms and conditions shall be settled before one of the courts having jurisdiction under the Estonian Code of Civil Procedure.
The consumer customer has the right to bring any dispute relating to these terms and conditions either before the court at the place where the consumer resided at the time of placing the order or before the court at the place where the harmful event occurred.
In any case, the consumer customer shall be duly informed that he has the right to arbitration in accordance with the provisions of the Estonian law of this contract.
§ 23 Foreign Versions
These general terms and conditions of sale are written in French. In the event of contradictions or misinterpretations, they shall take precedence over any other version drawn up in another language at the request of the customer.