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Conditions of Sale

Date of the last update : 24/01/2022
1. PURPOSE

The websites www.tipi.pro, www.fr.tipi.pro, www.es.tipi.pro, www.formation.tipi.org (the “Website” or the “Site“) are published by the Tipi association, a non-profit association governed by the French law of July 1st 1901, SIREN number 448 994 01, located at 4 rue Pagès, 34000 Montpellier, France (” Tipi “). Tipi aims to teach, promote and disseminate TIPI Emotional Regulation, using two methods: Tipi Emotional Regulation known as “direct” or “in situation” and Tipi Emotional Regulation known as “deferred” (collectively the ” Tipi Method “). In this respect, TIPI offers on its Site paid training courses in Tipi Emotional Regulation, provided online or in person (the “Training Course(s)“) for professionals.
The Trainings offered on the Site are accessible only to legal entities or natural persons, public or private, who act for purposes within the framework of their commercial, industrial, artisanal, liberal or agricultural activity, and who have the capacity to form legally enforceable contracts by virtue of the legislation in force (the “Client(s)“).
These general terms and conditions of sale (the “Terms and Conditions“) shall apply to any registration for Training made by a Client on the Website and shall govern the contractual relationship between the Client and Tipi in this respect. The Terms and Conditions shall be made available to the Client on the Site where they may be consulted at any time. The Client may retain and/or print out the Terms and Conditions by using the standard settings on his browser and/or computer.
The Terms and Conditions prevail over any other document relating to the subject matter hereof. The parties expressly acknowledge that the Terms and Conditions constitute the entirety of their agreements concerning the subject matter hereof. No general or specific conditions communicated by the Customer may be included in the Terms and Conditions or added thereto.
Tipi reserves the right to amend these Terms and Conditions at any time. The Terms and Conditions  applicable shall be those in force on the date of registration for the Training on the Website. The Customer is invited to read the Terms and Conditions  carefully each time he or she visits the Site and before registering, as they may have been amended.

2. DESCRIPTION OF THE TRAININGS

The Site allows Customers to register for one of the Trainings offered on the Site. The content and main characteristics of the Training courses offered are detailed on the Site. For any additional information on the Training courses offered, the Customer may contact Tipi using the contact details shown on the Website.
The photographs on the Site are provided for information purposes only. Although every effort is made to ensure that the photographs, graphic representations and textual elements reproduced on the Site give an accurate picture of the Training offered, variations may occur. In case of doubt, or if you wish to obtain additional information on the Trainings, please contact Tipi directly using the contact details indicated on the Site. In any event, Tipi shall not be held liable for any non-essential error that may occur in this respect.
In any event, the Site provides Clients with the following information:
– The essential characteristics of the Training courses: content of the Training course, its main characteristics, location of the Training course (online / face-to-face), date(s) of the Training course, number of sessions for the Training course, duration of the Training course.
– The pedagogical program of the Trainings (which details the content of the Trainings),
– Training schedules,
– The prices of the Trainings,
– The payment conditions, if any,
– The Terms and Conditions.
The Client shall be solely responsible for its choice of Trainings and their suitability for its needs. Tipi shall not be held liable in this respect. It is expressly agreed that all registrations are personal and that they may not under any circumstances be transferred, in whole or in part, to a third party.

3. REGISTRATION PROCESS

Any registration for a Training session shall require prior consultation and acceptance of these Terms and Conditions, which may be accessed via a hypertext link by ticking the corresponding box.
Tipi shall not be held liable in the event that the Client provides incorrect or incomplete information during the booking process.
The process for registering for a Training session is as follows:
– Fill in the registration form available on the Website;
– Make the payment via Stripe or PayPal.
Once the booking process has been finalized by the Client on the Website as described above, the Client will receive a confirmation email detailing the information relating to his/her registration.
Tipi reserves the right to refuse any registration for legitimate reasons, and in particular to refuse any registration from a Customer with whom there is a dispute.

4. PRICE AND TERMS OF PAYMENT

The price of each Training Course is stated on the Website. The prices displayed on the Site are expressed in euros and include all applicable taxes (including VAT) at the rate in force on the date of registration.
Tipi reserves the right to change the prices shown on the Site at any time. Registrations shall be invoiced on the basis of the rate in force at the time of registration by the Client.
Payment for registrations shall be made by Stripe or PayPal only. The amount of the registration is debited at the time of validation of the registration by the Customer.

Payment of registrations can be made in several installments without charge via Stripe or PayPal. This service is offered after validation of the registration by a simple payment by credit card, without any justification or specific formalities or acceptance time.

The payment will be accepted only under the following cumulative conditions (on the day of registration).
– The Customer’s account must be credited with the amount of the first payment;
– The expiration date of the Customer’s credit card must be greater than the date of the last monthly payment.

Depending on the Training chosen, payment is staggered as follows:

Payment in 4 months:

Due dates: Date of debit – Amount
1st payment : The day of registration – 25% of the total amount including VAT
2nd payment: 1 month after registration – 25% of the total amount including VAT
3rd payment: 2 months after registration – 25% of the total amount including VAT
4th payment: 3 months after registration – 25% of the total amount including VAT

Payment in 6 months :

Due dates: Date of payment – Amount
1st payment : The day of registration – 25% of the total amount including VAT
2nd payment: 1 month after registration – 25% of the total amount including VAT
3rd payment: 2 months after registration – 25% of the total amount including VAT
4th payment: 3 months after registration – 25% of the total amount including VAT
5th payment: 4 months after registration – 25% of the total amount including VAT
6th payment: 5 months after registration – 25% of the total amount including VAT

0% APR
File fees : 0€.

5. CANCELLATION OR POSTPONEMENT OF A TRAINING

If the number of participants in a training course is deemed insufficient, for pedagogical reasons, TIPI reserves the right to cancel the course at least one month before the date of the course. The registration fees previously paid will be fully refunded to the Customer.
TIPI also reserves the right to postpone the Training, to modify the location, the content of the program or the instructors, while maintaining the same educational quality of the initial Training, if circumstances beyond its control oblige it to do so.
By accepting the Terms and Conditions and payment, the Customer commits themself for the entire duration of the training.
Any postponement or cancellation of a Training session at the initiative of the Client shall not be possible without the prior written agreement of Tipi.
If, however, the Client cancels a Training Course without the prior written agreement of Tipi, no reimbursement may be made.
If the Client has chosen the option of payment in several instalments, she/he shall be required to pay the full amount of the monthly instalments, including those subsequent to her/his cancellation.

6. CODE OF CONDUCT

The Client undertakes to comply with all instructions given by Tipi and/or the trainer during the Training sessions and to behave courteously and respectfully towards Tipi, the trainer and the other participants in the Training session. More generally, any immoral, illegal, indecent or inappropriate behaviour or behaviour that is contrary to morality, public order and applicable legislation is prohibited, including for example, but not limited to, verbal abuse, obscene or abusive gestures, physical violence, denigration or defamation, particularly via social networks, reprehensible acts or any other behaviour that could be a source of nuisance for Tipi, the trainer and/or the other participants. In the event of behaviour contrary to these Terms and Conditions, Tipi reserves the right to exclude any Client from a Training session, without compensation and without prejudice to any other remedy available to Tipi.

7. PERSONAL DATA

Clients are aware that Tipi processes their personal data in accordance with the Tipi Data Protection Policy, which can be accessed at the following address: https://tipi.pro/privacy-policy/.

8. INTELLECTUAL PROPERTY

The “Tipi” brand, as well as all the figurative and nonfigurative brands and, more generally, all the other brands, illustrations, images and logos appearing on the Site, whether registered or not (the “Brands“), are and shall remain the exclusive property of Tipi or are licensed to Tipi.
The Site and all the graphic, textual, visual and photographic elements contained therein, in particular all the illustrations, images, drawings, photographs, characters, texts, decorations, modes of presentation, graphics or any other element of the Site (hereinafter the “Content“), are and shall remain the exclusive property of Tipi or are licensed to Tipi and are protected in particular by intellectual property rights.

All teaching materials, in particular those incorporating sequencing methods for the regulation of emotions, in whatever form (paper, digital, oral), used during Training sessions (hereinafter the “Teaching Materials“) are and shall remain the exclusive property of Tipi and are protected in particular by intellectual property rights.

The Brands, the Site, the Content and/or the Teaching Materials may not under any circumstances be modified in whole or in part, distributed, marketed, integrated into a derivative work or otherwise, in any medium whatsoever.

For the avoidance of doubt, the Teaching Materials and the method used during the Training can be used by the Client to provide training in Tipi Emotional Regulation if and only if :
– The said training is about Tipi Emotional Regulation “in situation”;
– The said training is not “validating” to become a Tipi Emotional Regulation trainer/teacher;
– The name Tipi is attached to the title of the said training.

Tipi Emotional Regulation, known as “deferred”, cannot, under any circumstances and at any time, be the subject of a training course organized and given by the Client. Tipi Emotional Regulation “deferred” can only be used by the Client within the strict framework of private/in-office support.

The Client shall promptly notify Tipi in writing of any unauthorized public use or infringement by third parties of the Trademarks, the Content and/or the Teaching Materials of which it may become aware. Tipi shall be the sole judge of the appropriateness of commencing or continuing legal or amicable action to put an end to such unauthorized use or infringement.

9. NON-COMPETITION

The Client undertakes not to develop, offer, provide and/or market to third parties, directly or indirectly, in any way whatsoever, free and/or paying training and/or teaching based on Tipi Emotional Regulation, known as “in situation” training, since such training would open up the possibility for the persons trained to become a Tipi Emotional Regulation trainer/teacher in their turn.
The Client undertakes to use the TIPI sign for any training she/he may provide.

The Client undertakes not to develop, offer, provide and/or market to third parties, directly or indirectly, in any way whatsoever, free and/or paid training and/or teaching based on Tipi Emotional Regulation, known as “deferred”. Tipi Emotional Regulation, known as “deferred”, can only be used and exploited by the Client within the strict framework of private/in-office support.

10. LIABILITY

The parties may only be held liable for damage constituting a direct and foreseeable consequence of a breach of the terms of these Terms and Conditions.
Tipi shall not be held liable :

– in the event of damage relating to any activity carried out by the Client, including (in particular) loss of data, loss of chance, profits, turnover, activity, opportunity or clientele, damage to reputation or interruption of activity and any indirect damage suffered by the User; or

– in the event of an impediment or delay in the performance of its obligations under these Terms and Conditions caused by any act or omission of a Customer (or any person acting in its name and on its behalf), of a third party or arising from an event of force majeure as defined below.
In all cases, in the event of a failure by Tipi to fulfill its obligations under these Terms and Conditions, Tipi’s liability to the Client shall be limited to the sums paid by the Client and collected by Tipi for the Training concerned by the dispute.

11. FORCE MAJEURE

In the event of the occurrence of an event of force majeure, as defined in Article 1218 of the French Civil Code and by the case law of the French courts, which prevents one of the parties from fulfilling its contractual obligations, the respective obligations of the parties shall be suspended and neither party shall be held liable in that respect.
The party affected by an event of force majeure shall inform the other party of the occurrence of this event as soon as possible.
If the duration of the event of force majeure exceeds thirty (30) consecutive days, and/or if this event, upon its occurrence, permanently prevents the affected party from fulfilling its obligations, each party shall be entitled to terminate this contract by written notice sent to the other party by registered letter with acknowledgment of receipt. The termination shall take effect upon receipt of the registered letter without liability of the parties in any respect whatsoever.

12. SETTLEMENT OF DISPUTES

The present Terms and Conditions are governed and interpreted in accordance with French law.
In the event of a complaint or dispute arising from these Terms and Conditions and/or a reservation, the Customer may contact Tipi’s Customer Service (by e-mail at the following address: contact@tipi.org, by post at the following postal address: 4 rue Pagès – Montpellier – France, by telephone, on working days – Monday to Friday from 9 a.m. to 5 p.m. (Paris time), on the following numbers: +33 7 69 12 61 81
in order to inform Tipi of the complaint or dispute concerned and to attempt to settle the dispute amicably.
If the dispute cannot be settled amicably, any claim or dispute relating to these Terms and Conditions and/or to a reservation shall be subject to the exclusive jurisdiction of the competent courts of Montpellier, France.

13. MISCELLANEOUS PROVISIONS

The parties expressly acknowledge that the Terms and Conditions constitute the entirety of their agreements concerning the subject matter hereof, and supersede any prior agreement between them relating to the same subject matter. If any provision of the Terms and Conditions is held to be invalid, such provision shall be unenforceable but the remaining provisions shall remain valid and fully enforceable.
The fact that one of the parties does not invoke a breach by the other party of any of its obligations shall not be construed as a waiver of the obligation in question or as an addendum to the Terms and Conditions, which could be of such a nature as to prevent the non-defaulting party from invoking such breach in the future.
If one or more provisions of these Terms and Conditions is declared or deemed invalid by virtue of a law, regulation or decision of a competent court, the parties shall meet to agree on one or more provisions to replace the invalid provision(s) and to respect, as far as possible, the objective pursued by the original provision(s). All other provisions of the Terms and Conditions shall remain valid and fully applicable.

14. LANGUAGE

These Terms and Conditions have been translated into English and Spanish, from the original French version, for the information of the Customers. In case of discrepancy between the English and French or Spanish versions, only the French version of the Terms and Conditions  (Conditions Générales de Vente) shall be deemed authentic.