Last updated: 19th January 2024
1 – Purpose
These general terms and conditions aim to define the terms and conditions of use for the real estate training, coaching, and consulting services offered on the rimard.com website and its various portals (hereinafter referred to as the "Services"), as well as to define the rights and obligations of the parties in this context. They are accessible and printable at any time via a direct link at the bottom of the homepage of the website. They may be supplemented, if necessary, by specific terms of use for certain Services. In case of contradiction, the specific terms prevail over these general terms.
2 – Operator of the Services
The Services are operated by Bastien BEAUBAT - Rimard, a sole proprietorship with SIRET number 852 811 348 00022, located at av. de la Libération Ch. de Gaulle, 33110 Le Bouscat (hereinafter referred to as "Rimard").
3 – Access to the Website and Services
The Services are accessible, subject to the restrictions provided on the website, to any natural person with full legal capacity to enter into these general terms. A natural person who does not have full legal capacity can access the Website and Services only with the consent of their legal representative. They are also accessible to any legal person acting through a natural person with the legal capacity to contract on behalf of the legal person.
4 – Acceptance of the General Terms
The acceptance of these general terms is indicated by a checkmark in the registration form. This acceptance can only be full and complete. Any conditional membership is considered null and void. The User who does not accept being bound by these general terms should not use the Services.
5 – Description of the Services
The User has access to the Services described on the website in a form and with functionalities and technical means that Rimard deems most appropriate.
6 – Paid Services
6.1. Price
The price of the Services is indicated on the website. Unless otherwise specified, they are expressed in euros and excluding taxes. Rimard reserves the right, at its sole discretion and under terms it deems appropriate, to offer promotional offers or price reductions.
6.2. Price Revision
The price of the Services may be revised by Rimard at any time at its sole discretion. Users who do not accept the new prices must terminate their use of the Services as specified in Article 17. Otherwise, they will be deemed to have accepted the new rates.
6.3. Invoicing
The Services are subject to invoices communicated to the User by any useful means.
6.4. Payment Terms
The payment terms for the price of the Services are described on the website. Payment is made by direct debit from the User's credit card number or by bank transfer when an agreement between Rimard and the User specifies this. The debit is carried out by the payment service provider designated on the website, which retains the User's banking details for this purpose. Rimard does not retain any banking details. The User guarantees Rimard that they have the necessary authorizations to use the chosen payment method. They undertake to take the necessary measures to ensure that the automatic debit of the price of the Services can be carried out.
6.5. Delays and Payment Incidents
The User is informed and expressly accepts that any delay in payment of all or part of an amount due at its due date will automatically result, without prejudice to the provisions of Article 11 and without prior notice: the forfeiture of the term of all amounts due by the User and their immediate enforceability; the immediate suspension of ongoing Services until the full payment of all amounts due by the User; billing in favor of Rimard of late interest at a rate of 3 times the legal interest rate, based on the amount of all sums due by the User.
6.6. Online Orders
The formation of the contract between Rimard and the User takes place after the choice of an offer, the acceptance of these General Terms of Use and Sale, and after payment by credit card or choice of payment by bank transfer by the User. The User then becomes a Client. Once payment is made, Rimard undertakes to do its utmost to meet the Client's requests, without exceeding the framework set by these General Terms of Use and Sale. The Client must exercise the best diligence to allow Rimard to process their order correctly. The Client must provide Rimard with the necessary information and documents for the processing of their file and for the planning of work sessions and sessions if necessary. Any order that is not processed correctly or within the expected timeframe, due to lack of diligence on the part of the Client, cannot lead to any compensation from Rimard. The responsibility for the failure to follow up or process an order by the Client lies with the Client in all cases. The Client also undertakes to complete the Forms and the Contract in good faith, with caution, and to verify the information they provide to Rimard for the management of their file. They undertake to respond truthfully to any questions that may be asked of them for this purpose. Any communication made by Rimard to the Client for the purpose of communicating any information, for example about the execution of the Service, the scheduling of sessions, etc., is an essential and priority communication. It is the Client's responsibility to communicate correctly and in good time with Rimard for the proper execution of the Service.
7 – Right of Withdrawal
The User benefits from a withdrawal period of fourteen clear days from the conclusion of the contract, as provided by law. The User who wishes to exercise their right of withdrawal within this period is not required to provide any reasons or pay any penalties, except, where applicable, for the return costs. The User who wishes to exercise their right of withdrawal must notify Rimard of their decision to withdraw from the contract by means of a clear and unequivocal declaration (for example, letter sent by post, fax, or email). The User may use the model withdrawal form provided on the website for this purpose, but this is not mandatory. The burden of proof concerning the exercise of the right of withdrawal lies with the User. The User must return or return the property to Rimard, or to a person designated by Rimard, without undue delay and, in any event, no later than fourteen days after notifying Rimard of their decision to withdraw from the contract. This period is deemed to be met if the User returns the property before the expiry of the fourteen-day period. The User must bear the direct costs of returning the property. If, due to its nature, the property cannot normally be returned by post, the User will be informed of the cost of returning it. In the event of withdrawal, Rimard will reimburse the User for all payments received from the User, including the costs of delivery (except for any additional costs resulting from the fact that the User has chosen, where applicable, a delivery method other than the cheaper standard method offered on the website) without undue delay and, in any event, no later than fourteen days from the day on which Rimard is informed of the User's decision to withdraw from this contract. Rimard will refund using the same payment method as the one used by the User for the initial transaction, unless the User expressly agrees to a different method; in any event, this refund will not incur any costs for the User. Rimard may defer reimbursement until the property is recovered or until the User has provided proof of shipment of the property, whichever is the earlier. The User is informed that their right of withdrawal cannot be exercised in particular in the following cases: the provision of services fully performed before the end of the withdrawal period and the execution of which has begun after the prior express consent of the User and express waiver of their right of withdrawal; the supply of goods or services whose price depends on fluctuations in the financial market that are beyond Rimard's control and that may occur during the withdrawal period; the supply of goods made to the User's specifications or clearly personalized; the supply of goods that are likely to deteriorate or expire quickly; the supply of goods which have been unsealed by the User after delivery and which cannot be returned for reasons of hygiene or health protection; the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items; the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after thirty days and the actual value of which depends on fluctuations in the market beyond Rimard's control; the supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior consent of the User and expressly waived their right of withdrawal.
8 – Personal Data
Rimard collects personal data about the User. The User can consult the data protection policy communicated on the website for more information on the processing of their personal data.
9 – Liability and Guarantees
Rimard undertakes to provide the Services with diligence and according to the rules of the art, being specified that it weighs on it an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept. Rimard is not responsible for any damage of any kind that may result from the fraudulent intrusion of a third party leading to a modification of the information made available on the website and, more generally, for any direct or indirect damage, whatever the causes, origins, natures or consequences, even if Rimard had been advised of the possibility of such damage, caused as a result of (i) access by anyone to the website or inability to access it, (ii) the use of the website, including any damage or virus that may infect the User's computer or any other property, and/or (iii) credit granted to any information directly or indirectly from the website. Rimard cannot be held liable for any factual or erroneous statements, omissions or possible loss of data transmitted by the Users and cannot be held liable for the content of statements made by Users in discussions or comments on the forums. In addition, Rimard cannot guarantee the accuracy, completeness or timeliness of the information made available on the website. Consequently, the User acknowledges that they use this information under their sole responsibility.
10 – Intellectual Property
The systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, databases, etc.) operated by Rimard within the website are protected by all intellectual property rights or rights of producers of databases in force. All disassembly, decompilation, decryption, extraction, reuse, copying and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Rimard are strictly prohibited and may be subject to legal proceedings.
11 – Sanctions for Breach
In the event of a breach of any of the provisions of these general terms or more generally, of a breach of laws and regulations by a User, Rimard reserves the right to take any appropriate measures and in particular to: suspend or terminate access to the website and Services for the User, delete any content posted on the website, publish on the website any information message that Rimard deems useful, alert any relevant authorities, institute any legal action.
12 – Cookies
Rimard uses cookies on the website to analyze the browsing of the Users and measure the audience of the website. The User can consult the data protection policy communicated on the website for more information on the use of cookies by Rimard and configure their browser software to express their choices regarding them.
13 – Modification of the Website and Terms
Rimard reserves the right to modify the website, the Services and these general terms at any time. The User is subject to the terms and conditions in force at the time they use the website and the Services. The User is informed of these modifications by any useful means.
14 – Language
In case of contradiction between the French version of the website and a translated version, the French version prevails.
15 – Law and Jurisdiction
These general terms are governed by French law. In case of dispute and in the absence of an amicable agreement, the dispute will be brought before the French courts in accordance with the rules of jurisdiction in force.
16 – Links and Third-Party Websites
Rimard shall not be held responsible for the technical availability of websites or mobile applications operated by third parties (including its potential partners) that the User may access through the website. Rimard does not assume any responsibility for the content, advertisements, products, and/or services available on such third-party websites and mobile applications, which are governed by their own terms of use. Rimard is also not responsible for transactions between the User and any advertiser, professional, or merchant (including its potential partners) to which the User may be directed through the website and shall not be a party to any possible disputes with these third parties, including but not limited to product and/or service delivery, warranties, statements, and any other obligations to which these third parties may be bound.
17 – Duration of Services, Unsubscription
The Services are subscribed to for an indefinite duration. The User can unsubscribe from the Services at any time by sending a request to Rimard via email at the coordinates mentioned in Article 2. Unsubscription is effective immediately.
18 – Rimard's Responsibility
Rimard does not provide any guarantee regarding the information provided. Rimard disclaims all responsibility in the event of errors or inaccuracies in its content and services. By using the Rimard website and Rimard's services, the User acknowledges that there is no obligation to achieve results on the part of Rimard. The information provided is the result of opinions and is provided for informational and educational purposes. By using the Rimard website and Rimard's services, the User acknowledges that Rimard is not a professional in medicine, psychology, law, or finance. Rimard does not provide medical advice, psychology consultations, legal services, or accounting services. Rimard's opinion cannot replace or substitute for the expertise of a lawyer, accountant, doctor, or psychologist. Rimard's liability cannot be sought for any direct or indirect, material or immaterial, financial or commercial damage, including but not limited to any suffered loss, missed gain, damage to reputation or credit, expenses incurred, devaluation, or any other professional consequence. In any case, Rimard's liability is limited to the cost excluding tax of the service, which never includes any possible subcontracting or raw material costs.
19 – Language
In the event of a translation of these general terms and conditions into one or more languages, the language of interpretation shall be French in the event of a contradiction or dispute over the meaning of a term or provision.
20 – Applicable Law and Jurisdiction
These general terms and conditions are governed by French law. In the event of a dispute over the validity, interpretation, and/or execution of these general terms and conditions, the parties agree that the courts of Bordeaux shall have exclusive jurisdiction to judge them, except for imperative procedural rules to the contrary.
21 – Acceptance and Modifications of the General Terms of Use and Sale
These Terms of Use apply to all Customers and Users of the Site as soon as they access a page of rimard.com. The Services and navigation on the Site are in any case subject to these General Terms of Use and Sale, and the latter shall prevail over any other conditions appearing in any other document, unless there is prior, express, and written derogation. The fact that Rimard does not invoke these Terms at a given moment shall not be interpreted as a waiver of the right to invoke them later. The Customer accepts these Terms from the moment he uses one of the Services offered by the Site. The Customer's click in the "I accept the General Terms and Conditions" box constitutes acceptance of these conditions and has the same value as a handwritten signature. By doing so, the Customer declares that he has read and accepted these General Terms and Conditions without reservation. Therefore, his acceptance cannot be called into question. In the event of non-compliance with these General Terms and Conditions or abuse by a User, Rimard reserves the right, without prior notice, and unilaterally, to suspend the Service or to temporarily or permanently remove access from the concerned User. The Terms of Use may be modified at any time by Rimard, without notice. The new conditions apply immediately to Users and Customers for all orders placed after they are posted online. Users who do not accept the modified general terms and conditions must unsubscribe from the Services as provided for in the General Terms and Conditions.
22 – Effective Date
These general terms and conditions entered into force on 19/01/2024.
Any User who uses the Services after the effective date of the modified general terms and conditions is deemed to have accepted these modifications.