Terms of sale
Company presentation
The site https://www.positran.fr/ is published by Positran, a company with a capital of €15,000, whose registered office is located at Avenue de la Mauldre – 8 village d'entreprises, 78680 Epône, France, registered with the Versailles trade and companies register under number 751 018 482.
Access to services
The sitehttps://www.positran.fr/The site is generally accessible 24/7, except in cases of planned or unplanned interruptions, particularly for maintenance or due to force majeure. As Positran's business activities imply an obligation of means, it cannot be held liable for any damages of any kind resulting from the site's unavailability. https://www.positran.fr/.
The Client may only use this website in accordance with the terms set forth above and for legitimate and appropriate purposes. All laws, regulations, and texts applicable in France or any other jurisdiction from which the website is accessed must be respected. In particular, the Client agrees not to:
– Using this site in such a way as to cause or be likely to cause an infringement of the rights of a third party or to violate applicable regulations
– Making abusive, fraudulent, or unauthorized reservations
– Using any software, routine, engine, or other device to interfere or attempt to interfere electronically or manually with the operation of this site, or to attempt to breach its security
Positran reserves the right to restrict or prohibit access to this site at any time and for any reason. If the Client fails to comply with these conditions, their authorization to use the site will terminate immediately without prior notice.
Evidence
The Client acknowledges the validity and probative value of the electronic exchanges and records kept by Positran and accepts that these elements receive the same probative value as a handwritten signed document under Law No. 2000-230 of March 13, 2000 adapting the law of evidence to information technologies relating to electronic signatures.
force majeure
Positran shall not be held liable for total or partial non-performance of contract caused by a force majeure event beyond our control.
Intellectual property
All the elements ofhttps://www.positran.fr/Whether visual or audio, the texts, layouts, illustrations, photographs, documents and other elements, including the underlying technology, are protected by copyright, trademarks and patents.
Any reproduction, in whole or in part, of the elements accessible on the Sitehttps://www.positran.fr/Reproduction is strictly prohibited without the prior written authorization of Positran. These reproduction authorizations are granted on a case-by-case basis. Please send your requests to info@positran.fr.
However, elements of this site may be downloaded, printed or copied for your personal and non-commercial use or, if you are a customer of the company, for purposes which are necessary for our business relationship.
Newsletter subscription
By subscribing to the Positran newsletter, the customer authorizes the company to send emails to the address provided during registration. Unsubscribing from the newsletter is possible at any time via the unsubscribe link at the bottom of each newsletter.
Privacy Policy
Viewablehere
Responsibility
Positran, as a third party, cannot be held liable for the content of any partner sites; likewise, it cannot be held liable in any way in the event of a conflict between the Client and a partner site or brand.
The information allowing the Client to identify themselves, such as their username and password, is personal and confidential. This information can only be modified at the Client's request or by Positran, particularly in the event of a forgotten password, and with the Client's consent. The Client is solely responsible for the use of their login credentials and is obligated to keep them secret. Positran cannot be held liable for any disclosure of this information by the Client.
Any reservation made using the Client's username and password is deemed to have been made by the Client. Positran shall under no circumstances be held liable for damages resulting from the disclosure of this personal and confidential data by the Client, and therefore for the use of this data by a third party. Positran shall not be held liable for any damages of any kind whatsoever, including those arising from the use of the subscribed services; whether this includes damage to reputation or image, or data loss, which may occur as a result of using the services offered by Positran.
Transfer of rights and obligations
In the event of a total or partial transfer of Positran's business, the contracts between the Client and Positran and/or its successors and assigns shall remain binding on the parties. The Subscriber may not assign contracts entered into by Positran without Positran's prior written consent. Positran's contracts, rights, and obligations may, in any event, be assigned or transferred without the Client's prior consent.
Advertisements on the site https://www.positran.fr/
Advertising takes the form of banners, thumbnails or advertising inserts placed on the site's pages and bearing the word "advertisement".
Positran is free to insert advertising on its site and has complete freedom of choice regarding the placement of these advertisements, the advertisers, and the viewing of these advertisements.
Some blogs may be sponsored by an advertiser, in which case the phrase "sponsored post" will be visible on the post. This means that the advertiser has exclusive advertising rights on that post for the duration of the campaign, but the content remains the sole responsibility of the editorial team.
Jurisdiction clause
The parties acknowledge that any dispute, whatever its nature or cause, will be submitted to the Court of Versailles, to the competent services depending on the nature of the dispute.
ARTICLE 1 – ACCEPTANCE – ENFORCEABILITY
In accordance with the provisions of article L Pursuant to Article 113-3 of the Consumer Code, these general terms and conditions of sale are brought to the attention of the Customer when placing the order; they are available on the Seller's website accessible at the following URL: https://www.positran.fr/ (hereinafter "the Site").
By placing an order, the Customer accepts these Terms and Conditions and acknowledges having full knowledge thereof, thereby waiving the right to rely on any conflicting document. No document other than these Terms and Conditions may create obligations for the parties or deviate from them unless it is in writing and signed by both parties. These Terms and Conditions are accessible at any time on the Website and shall prevail, where applicable, over any previous version or any other conflicting document. The Customer may request that the Seller send them the Terms and Conditions by email. They may also save, edit, or copy them, it being understood that saving, editing, or copying this document is their sole responsibility, as these Terms and Conditions are subject to change.
The Seller may modify its general terms and conditions of sale, published on its website, at any time. https://www.positran.fr/. Modifications to these Terms and Conditions are binding on Customers from the date they are published online and apply to transactions concluded after they are published online.
ARTICLE 2 – PRE-CONTRACTUAL INFORMATION
The Customer acknowledges having received, prior to placing their order and concluding the contract, in a legible and understandable manner, these General Terms and Conditions and all of the following information: the essential characteristics of the Products; the price of the Product and transport costs; the delivery time; information relating to the identity of the Seller, their postal, telephone and electronic contact details and their activities; information relating to the right of withdrawal, legal guarantees; the possibility of resorting to a consumer mediator.
ARTICLE 3 – PRODUCTS
The products sold by the Seller are those appearing on the Site on the day of its consultation by the Customer.
Product offers on the Site are valid only while stocks last. Availability may vary throughout the day depending on the Seller's sales volume. The Seller updates availability information on the Site very frequently, but cannot be held liable if the actual stock is not the same as that indicated on the Site. If a Product becomes unavailable after the Customer has placed an order, the Seller will inform the Customer by email within eight (8) days of the order date and indicate the expected delivery time. If the Customer wishes, they may request a cancellation of the order (refund) by contacting the Seller by email or telephone using the contact information provided in Article 12.
Each product is accompanied by a detailed description, including a photograph, price, and main features.
Product photographs may contain minor differences between the product and the illustration, depending on the color resolution of the customer's computer or smartphone screen.
ARTICLE 4 – ORDER
4.1 Navigation within the Site. The Customer can view the various Products offered for sale by the Seller on its Site and navigate freely on the different pages of the Site, without being committed to placing an order.
4.2 Placing an order. If the Customer wishes to place an order, they will select the various Products they are interested in and indicate this interest by clicking on the "Add to cart" button. On the Website, at any time, the Customer may:
– to obtain details of the Products he has selected, by clicking on “My basket”,
– continue your selection of Products by clicking on “Continue shopping”,
– finalize your selection of Products and order these Products by clicking on “Confirm order”.
To order the selected Products, after clicking "Confirm Order," the Customer must log in, either by entering their email address and password if they have already created an account by clicking "Already a customer?", or by accurately completing the "Billing Details" form, where they must provide the necessary information for identification, including their last name, first name, date of birth, and email address. Furthermore, the Customer must provide a password of their choice, which will be personal and confidential and required for future logins to the Site. The Customer is informed and agrees that entering their email address and password constitutes proof of their identity. An order form appears on the screen, detailing, in particular: the type, quantity, and price of the Products selected by the Customer, as well as the total amount of the order. The Customer must then confirm their payment method. The Customer may choose their preferred payment method from those offered by the Seller and will proceed with payment for the Products in accordance with the terms of Article 6. The Customer may correct any errors before confirming their order. If so, a new order form will be automatically generated.
4.3 Final Order Confirmation. Once the Customer has completed all the required information, they will check the box to accept these terms and conditions of sale and click "Place Order". The order form will be recorded in the Seller's computer records, which are stored on a reliable and durable medium, and will be considered proof of the Customer's commitment.
4.4 Order Summary. Once the Customer has validated their payment method on the Website, a summary of the Customer's order will be displayed, including the transaction number. The sale will only be considered final after the Seller has displayed the order summary, which serves as order confirmation. The Customer will then receive an email summarizing the order upon its registration (hereinafter "the Contract").
4.5 In any event, the Seller reserves the right to refuse any order or delivery in the event of (i) an existing dispute with the Customer, (ii) total or partial non-payment of a previous order by the Customer, or (iii) refusal of payment authorization by the bank. The Seller shall not be held liable in such cases.
4.6 Order Tracking. The Customer can check the status of their order at any time by visiting the "Order Tracking" section of their customer account. This tracking allows the Customer to see the processing status of their order, as well as the shipping or delivery status of their packages. The Customer can contact the Seller's customer service at any time to inquire about the status of their order using the contact information provided in Article 12.
Once an order reaches the status "being prepared", it cannot be modified.
POSITRAN SAS reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to payment for a previous order.
Positran may be entitled to request proof of identity and/or address from the customer to verify the identity of the holder of the bank card used for payment.
ARTICLE 5 – PRICE
The prices indicated on the product sheets are expressed in Euros, and include all taxes, excluding handling and shipping costs which are charged, where applicable, in addition based on the rate applicable on the day of the order and which are communicated to the Customer before the order is placed.
The applicable value added tax is that in force in metropolitan France on the day of the order.
The Seller reserves the right to modify its prices at its discretion, it being specified that the price indicated in the order form issued by the Seller is the final price and includes VAT and shipping costs.
The products ordered are billed at the rates in effect at the time the order is registered, subject to product availability.
Product prices for French overseas departments and territories, Switzerland, and other non-EU countries are shown excluding taxes.
Orders placed on the website https://www.positran.fr/, Orders destined for outside mainland France may be subject to potential taxes and customs duties.
The Customer is responsible for informing themselves of any applicable customs duties and fees before placing an order. The Customer is solely responsible for verifying the import regulations for the ordered Products in the country of delivery. The Seller is not obligated to verify or inform the Customer of applicable customs duties and taxes, nor of the laws and regulations of the country where the Products are delivered.
Any customs duties and fees are the sole responsibility of the Customer.
ARTICLE 6 – PAYMENT TERMS
6.1 Upon acceptance of the order by the Seller, the Customer undertakes to pay the Seller the full amount.
Otherwise, the order will not be processed.
6.2 Payment for the order is made either:
- by bank card:
- via PayPal
- By Bank Transfer: Payment details for bank transfers are indicated on the order summary page, once the payment method has been selected and confirmed. The customer must include an order reference with their transfer.
- By Check: Payment by check is available on the order summary page, once the payment method has been selected and confirmed. The customer must include an order reference when sending their check.
Online payments will be secured by a data encryption procedure to prevent interception of this information by a third party.
POSITRAN cannot be held liable in the event of fraudulent use of the payment methods used. In accordance with current regulations, users' bank details are not stored by POSITRAN.
Card payments over €30 are authenticated using the 3-D Secure system. After your bank details are validated, you will receive a notification on your bank's app. You can then log in using a password or your fingerprint. Once authentication is complete, your order is finalized: you will receive a confirmation email. For any questions regarding 3-D Secure, please contact your bank directly.
6.3. The Seller shall not be obligated to deliver the Products ordered by the Customer if the Customer does not pay the full price under the conditions stated above. Payment itself shall only be considered complete upon actual receipt of funds by the Seller.
6.4. An invoice is issued by the Seller and included in the Customer's package upon delivery of the ordered Products. A detailed, printable invoice will also be available on the Website in the "My Account" section.
6.5. Any sum not paid by its due date shall automatically accrue late payment interest equal to three times the legal interest rate. This interest shall be due until the date of payment of the sum due, including interest.
ARTICLE 7 – DELIVERY TERMS
Parcel delivery is handled by the service provider Colissimo, according to their General Terms and Conditions of Sale, which can be consulted.here.
Delivery is defined as the transfer to the Customer of physical possession or control of the Products. It is only possible after confirmation of payment by the Seller's bank.
The ordered products are sent to the delivery address indicated by the Customer when placing their order, provided that this address is within the authorized delivery zones specified in the sales offer.
In the event of an error or omission by the Customer in providing the delivery address, the Seller cannot be held responsible for the inability to deliver the ordered products.
The Seller undertakes to ship the products within a maximum period of seven (7) days from receipt of payment.
Except in special cases or if one or more Products are unavailable, the Products ordered will be delivered in a single shipment.
The Customer is informed and agrees that the Seller may entrust delivery operations to third parties of its choice.
If, upon delivery, the original packaging is damaged, torn, or open, the Customer must check the condition of the Products. If they are damaged, the Customer must refuse the package and note this on the delivery slip ("package refused because it was open or damaged"). The Customer must indicate on the delivery slip, in the form of handwritten comments accompanied by their signature, any anomaly concerning the delivery (Missing Product compared to the delivery slip, damaged package, broken Products, etc.). This verification is considered complete once the Customer, or a person authorized by them, has signed the delivery slip.
The assumptions regarding the return of parcels by the carrier are the sole responsibility of the Customer.
The Customer will be able to request a refund for their order.
ARTICLE 8 – RIGHT OF WITHDRAWAL
The Customer has a right of withdrawal, except as provided in Article L. 212-20_2 of the Consumer Code, the legal withdrawal period of 7 days does not apply, once the implementation of the service has begun.
Orders are firm and final and cannot be refunded, exchanged or exercised under the right of withdrawal, except for purchased services that have not yet started, which may be refunded.
Any reservations about the product must be notified by email to boutique@positran.frwithin three days of receiving the product.
If the claim is justified, the Customer may request a refund of the sums paid for the order in question, within 8 days at the latest following the premature notification.
The refund of the purchase price and shipping costs will be subject to the following conditions: the buyer must inform us in writing of their intention, the product must be returned to us at the address: POSITRAN – Avenue de la Mauldre – 8 village d'entreprises, 78680 Epône, France, in the same condition in which it was delivered at the buyer's expense and risk.
If a refund request is made within the specified timeframe, POSITRAN will process the refund as quickly as possible by crediting the debited account. In any event, POSITRAN's liability is limited to the value of the product.
ARTICLE 9 – GUARANTEES
9.1. The Products supplied by the Seller benefit, in accordance with legal provisions, from the legal guarantee of conformity under the conditions of the articles L.217-4 et seq. of the Consumer Code and the guarantee against hidden defects arising from a defect in material, design or manufacture affecting the delivered Products and rendering them unfit for use, under the conditions provided for in Articles 1641 et seq. of the Civil Code.
9.2. Legal guarantee of conformity
9.2.1. Article LArticle 217-4 of the Consumer Code: the seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
9.2.2. Article LArticle 217-5 of the Consumer Code: the goods conform to the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
– if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
– if it possesses the qualities that a buyer can legitimately expect, having regard to the public statements made by the seller, the producer or their representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
9.3. Warranty against hidden defects
9.3.1. Article 1641 of the Civil Code: the seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them.
9.3.2. Article 1648 paragraph 1 of the Civil Code: the action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller can be released from the apparent defects or lack of conformity.
9.4. Implementation
Any claim for a legal guarantee under the guarantee of conformity or against hidden defects must be made to the Seller (Address: Société POSITRAN – Avenue de la Mauldre – 8 village d'Entreprises – 78680 EPONE – France) / email: boutique@positran.fr) as guarantor of the conformity of the Products to the contract.
ARTICLE 10 – RETENTION OF TITLE
IN ANY EVENT, THE TRANSFER OF OWNERSHIP OF THE PRODUCTS ORDERED TO THE CUSTOMER WILL ONLY BE CARRIED OUT AFTER FULL PAYMENT OF THE PRICE BY THE LATTER.
The Customer must ensure that the Products can still be identified after delivery.
ARTICLE 11 – FORCE MAJEURE
Neither party shall be held liable if it is prevented or delayed in the performance of its obligations due to force majeure, resulting from an unforeseeable, irresistible event beyond its control.
In particular, in the event of fire, climatic events, natural disasters, pandemic, or any other accident that has caused the total or partial destruction of the company, a general strike, lack of motive power or raw materials resulting from a general cause.
In the event of force majeure, delivery will be postponed to a later date after the force majeure event ceases, without the Customer and the Seller being able to claim any compensation, for any damage whatsoever.
If the force majeure event exceeds a period of four (4) weeks, each of the parties shall have the option of terminating the Contract by registered letter with acknowledgment of receipt, free of charge.
In this case, the Seller will refund the sums paid by the Customer when placing the order, excluding any other compensation owed by the Seller to the Customer.
ARTICLE 12 – CONTACT AND CUSTOMER SERVICE
To contact the Seller, the Customer can send an email to the Seller at the following address: boutique@positran.fr.
To track the progress of their order, the Customer can log in to the "my account" section on the website. https://www.positran.fr/.
ARTICLE 13 – PERSONAL DATA
As part of processing the Customer's order, the Seller will process the Customer's personal data under the conditions defined in its privacy policy. The Customer is therefore invited to visit the following page.https://www.positran.fr/informations-utiles/politique-de-confidentialite/in order to find out about the processing conditions implemented.
ARTICLE 14 – INTELLECTUAL PROPERTY
All texts, comments, images and product photographs reproduced on the website https://www.laboutiqueofficielle.com/, are the exclusive property of the Seller, and are protected by copyright, trademark and patent law.
Any reproduction, even automated, of product presentation pages or any other pages of the site, for commercial purposes, is prohibited.
Only automatic indexing of site pages resulting from natural referencing in internet search engines is permitted.
“POSITRAN” is a registered trademark, owned by the company POSITRAN SAS, and registered with the INPI under number 4101323.
Any total or partial reproduction of the said trademark is strictly prohibited and may constitute an act of infringement.
In accordance with the provisions of the Intellectual Property Code, only the use of texts, comments and images from the Site for private use is authorized.
Any other use constitutes an act of infringement.
The Seller reserves the right to take any legal action to guarantee its rights against any person acting in violation of these provisions.
ARTICLE 15 – GENERAL PROVISIONS
15.1. If one or more provisions of these General Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation or as a result of a final and binding decision of a competent court, the other provisions shall remain in full force and effect.
15.2. These General Terms and Conditions and the order summary sent to the Customer form a contractual whole and constitute the entirety of the contractual relations between the Parties.
15.3. Unless proven otherwise, the data recorded by the Seller constitutes proof of all transactions.
15.4. Any contract concluded with the Customer corresponding to an order exceeding 120 euros including VAT will be archived by the Seller for a period of ten (10) years in accordance with Article LArticle 213-1 of the Consumer Code. The Seller will archive this information in order to track transactions and produce a copy of the contract at the Customer's request.
15.5. In the event of a dispute, the Seller will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
ARTICLE 16 – Privacy Policy – Forces Maps App
The Customer purchasing a downloadable product via the Cartes des Forces application agrees to comply with all points of the Cartes des Forces application's ethical charter availablehere.
ARTICLE 17 – APPLICABLE LAW AND JURISDICTION
16.1. All clauses contained in these General Terms and Conditions and all sales transactions referred to herein are subject to French law.
16.2. The parties acknowledge that any dispute, whatever its nature or cause, will be submitted to the Court of Versailles, to the competent services according to the nature of the dispute.
Designation
Positran is a professional training organization headquartered at Avenue de la Mauldre – 8 Village d'Entreprises, 78680 Epône, France. Positran designs and delivers inter-company and intra-company training courses throughout France and internationally, either independently or in partnership.
In the following paragraphs, the following terms shall be used:
– client: any natural or legal person who registers or orders training from the company Positran.
– trainee: the individual who participates in a training course.
– CGV: the general terms and conditions of sale, detailed below.
– OPCO: the approved skills operators responsible for collecting and managing companies' training efforts.
Purpose and scope
These General Terms and Conditions of Sale govern the terms and conditions applicable to training services provided by Positran to its clients. Any training order placed with the company implies the client's unreserved acceptance of these General Terms and Conditions of Sale. These terms and conditions supersede any other document from the client, in particular any general terms and conditions of purchase.
Quote and certificate
For each training course, Positran undertakes to provide the client with a quote. The client is required to return a completed, dated, signed and stamped copy to the company, marked "Approved".
Where appropriate, a specific agreement/contract may be established between Positran, the OPCO and/or the client.
At the client's request, a certificate of attendance or completion of training, as well as attendance sheets, can be provided.
Price and payment terms
The prices of the training courses are indicated in euros excluding tax and are subject to VAT at the applicable rate.
Positran may request a deposit to validate the trainee's registration.
Payment is due upon completion of the service, upon receipt of the invoice, and is payable in full. Invoices may be settled by bank transfer or check. In exceptional circumstances, payment may be made in installments. In any case, the terms of such an arrangement must be formalized before the start of the training.
Support
If the client is receiving funding from an OPCO (Skills Operator) or any other funding body, they must submit a funding request before the start of the training. The client is required to provide proof of funding upon registration. If Positran does not receive the OPCO's funding confirmation by the first day of training, the client will be invoiced for the full cost of the training.
Conditions for postponing and cancelling a training session
Cancellation of a training session is possible, provided that notice is given at least 10 calendar days before the scheduled start date and time. All cancellations must be notified by email to the following address:formations@positran.frIn the event of cancellation between 4 and 10 business days before the training date, the client is required to pay a cancellation fee of 10% of the initial total cost of the training. In the event of cancellation less than 3 business days before the start of the training, a cancellation fee of 50% of the initial total cost will be charged to the client.
The client may request to postpone their participation in a training course, provided they send a written request by email to the addressformations@positran.frwithin 10 days before the training date.
In the event of non-performance of its obligations due to unforeseen circumstances or force majeure, Positran shall not be held liable to its clients. The latter will be notified by email.
Training program
If deemed necessary, the instructor may modify the training content based on current events, group dynamics, or the participants' level. The program content listed in the course descriptions is therefore provided for informational purposes only.
Participation and rules of conduct
The Participant must ensure they arrive at the time mentioned on their summons or invitation, if applicable.
During our training sessions/services, participants may be filmed, photographed, or recorded. Participants should note that their consent is a condition of this agreement.
Participation implies the consent of the buyer and participants to be filmed or recorded. The recordings may be made available to the public via the website or by other means.
Positran reserves the right to refuse admission or remove a participant if their behavior is deemed to disrupt the session. No refunds will be issued after removal.
To participate in a performance – and by accepting these Terms and Conditions – participants are required to ensure they comply with all health, safety, and other applicable rules and regulations at the event venue. Participants also agree to comply with any reasonable requests made by venue staff or performance supervisors.
Intellectual property and copyright
Training materials, in any form (paper, digital, electronic, etc.), are protected by intellectual property and copyright laws. Their reproduction, in whole or in part, is prohibited without the express written consent of Positran. The client agrees not to use, transmit, or reproduce all or part of these documents for the purpose of organizing or conducting training sessions.
Computing and Freedom
The personal information provided by the customer to Positran is used for processing registration and for creating a customer database for marketing purposes. In accordance with the French Data Protection Act of 6 January 1978, the customer has the right to access, rectify, and object to the processing of their personal data.
Positran is committed to implementing appropriate administrative, physical, and technical measures to ensure the security, confidentiality, and integrity of customer data. It will not disclose customer data except when legally required to do so.
Applicable law and jurisdiction
These General Terms and Conditions of Sale are governed by French law. In the event of a dispute between Positran and the customer, an amicable solution will be sought first. Failing that, the matter will be brought before the courts of Versailles.