1. Preamble
These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") are offered by the company Advocate.Partners (hereinafter referred to as the "Seller"), a company registered under the SIRET number 88813376600012, with its registered office located at 474 Chemin de la Prairie, 13200 Arles, France, and reachable by phone at +33 7 80 98 88 82 or by email at contact@advocate.partners.
The Seller is the publisher of the website www.advocate.partners (hereinafter referred to as the "Site"), on which it offers digital products for sale, including e-books (hereinafter referred to as the "Products").
These GTCS are intended to define the rights and obligations of the parties in the context of online sales of the Products offered by the Seller on the Site. They apply, without restriction or reservation, to all sales of Products concluded by the Seller with buyers (hereinafter referred to as the "Client" or the "Clients") wishing to acquire the Products offered for sale on the Site.
Any order placed on the Site implies the full and unconditional acceptance of these GTCS by the Client. The Client declares to have read these GTCS and to have accepted them before validating their order.
The Seller reserves the right to modify these GTCS at any time. The applicable GTCS are those in effect on the date the order is placed by the Client.
2. Definitions
In these GTCS, the following terms shall have the following meanings:
Client: refers to any natural person of legal age or legal entity with the legal capacity to contract who places an order on the Site.
Order: refers to any request for Products made by the Client to the Seller via the Site in accordance with these GTCS.
Product: refers to any digital product offered for sale on the Site, including but not limited to e-books, practical guides, downloadable documents, etc.
Site: refers to the website www.advocate.partners published by the Seller, on which the Products are presented and sold to the Client.
Seller: refers to the company Advocate.Partners, publisher of the Site and responsible for marketing the Products to Clients.
Contract: refers to the sales contract concluded between the Seller and the Client by accepting these GTCS when placing the Order.
Parties: refers collectively to the Seller and the Client.
Digital Content: refers to digital files made available to the Client by the Seller, including but not limited to e-books, guides, and other downloadable documents.
Payment Link: refers to the link provided on the Site redirecting the Client to a secure payment platform to finalize the purchase of the Products.
3. Acceptance of the GTCS
Acceptance of these General Terms and Conditions of Sale is mandatory and constitutes a prerequisite for the conclusion of any sales contract between the Client and the Seller. By making a purchase on our Site, the Client automatically confirms that they have read and accepted these GTCS. This acceptance is implicit and is a prerequisite for the conclusion of any sale.
The Seller reserves the right to modify the GTCS at any time. The applicable GTCS are those in effect on the date of the Order by the Client. Any modification of the GTCS will be notified to the Client by any appropriate means (e.g., by email or through a notice on the Site) and will require a new acceptance by the Client for any new Order.
In the event of a modification of the GTCS, the new GTCS will only apply to sales concluded after their entry into force. The Client is therefore invited to regularly consult the GTCS to stay informed of any changes.
If one or more provisions of these GTCS are declared null and void under a law, regulation, or final decision of a competent court, the other provisions will retain their full force and scope.
By accepting these GTCS, the Client expressly waives the right to rely on any contradictory document that would be unenforceable against the Seller.
4. Products
The Products offered for sale are those described and presented on the Site with the greatest possible accuracy. However, a minimal variation in the representation of the Products does not engage the Seller's responsibility and does not affect the validity of the sale.
Each Product is accompanied by a description allowing the Client to know its main characteristics. The photographs and graphics presented on the Site are not contractual and do not engage the Seller's responsibility in case of error or omission.
The offers of Products are valid as long as they are visible on the Site, within the limits of available stocks. The Seller reserves the right to modify the assortment of Products at any time, without prejudice to the Orders placed by the Client.
In case of unavailability of a Product after placing the Order, the Client will be informed by email as soon as possible. The Seller will then offer the Client either to order another Product of equivalent quality and price or to cancel the Order. If the Client chooses to cancel the Order, they will be reimbursed for the price of the Product within fourteen (14) days from the date of notification of the cancellation.
Digital Products, such as e-books, are provided in electronic format (PDF, ePub, etc.) and are downloadable immediately after the order is confirmed and the price is fully paid. No physical product will be sent to the Client.
The Products are intended for personal and private use. Any reproduction, distribution, commercialization, or use of the Products for purposes other than strictly personal is strictly prohibited.
5. Order
The Client can place an order online directly on the Site. To place an order, the Client must follow the following steps:
Product Selection: The Client navigates on the Site and selects the Products they wish to purchase by clicking on the redirect links to the secure payment pages. It is important that the Client checks the description of the Products to ensure they meet their needs before finalizing the order.
Order Validation: Once the Products are selected, the Client must provide the necessary billing information, including their name, email address, and, if necessary, their billing details. It is essential that this information is accurate and complete to avoid any issues during order processing.
Acceptance of the GTCS: By making a purchase on our Site, the Client automatically confirms that they have read and accepted these GTCS. This acceptance is implicit and constitutes a prerequisite for the conclusion of any sale.
Payment: The Client is redirected to a secure payment platform to make the payment. Accepted payment methods include credit and debit cards (such as Visa, MasterCard, American Express), as well as any other payment methods specified on the Site. The Client must follow the instructions to finalize the payment.
Order Confirmation: After payment validation, the Client receives a confirmation email from the Seller, summarizing the details of the Order, including the Products purchased, the total price paid, and the download information for the digital Products. This email constitutes the confirmation of the Order's acceptance by the Seller and marks the formation of the sales contract between the Seller and the Client.
Product Download: Digital Products are downloadable immediately after the order is confirmed and the price is fully paid. The Client receives a download link in the confirmation email. This link allows the Client to access the purchased Products directly. It is recommended to download and save the Products on a secure medium to avoid any future loss.
In case of difficulty or question regarding the Order, the Client can contact the Seller's customer service by email at contact@advocate.partners or by phone at +33 7 80 98 88 82. The Seller is committed to responding as soon as possible to provide the necessary assistance.
The Seller reserves the right to cancel or refuse any Order from a Client with whom there is a dispute regarding the payment of a previous Order or for any other legitimate reason. In case of Order cancellation by the Seller, the Client will be informed by email, and the Order amount will be refunded within fourteen (14) days.
6. Prices
The prices of the Products are indicated in US dollars (USD), all taxes included (TTC), unless otherwise specified. The applicable prices are those in effect at the time of the Order's validation by the Client. The Seller reserves the right to modify the prices of the Products at any time, while guaranteeing the Client the application of the price in effect on the day of the order.
The indicated prices do not include transaction fees or any additional fees related to the payment method chosen by the Client, unless otherwise specified on the Site. These fees will be specified before the Order's validation by the Client.
In case of promotion or discount, the Seller commits to applying the promotional price to any Order placed during the promotion period. Promotions are valid as long as they are announced on the Site and within the limits of available stocks.
Any Order placed on the Site must be paid in full at the time of the Order. The Seller is not required to deliver the Products if the corresponding price has not been fully paid by the Client.
7. Payment
The payment of the Products is made online, at the time of placing the Order, by the payment methods indicated on the Site. The Seller accepts credit and debit cards (such as Visa, MasterCard, American Express), as well as any other payment methods specified on the Site.
The transaction is immediately debited from the Client's credit card after verifying the card details, upon receipt of the debit authorization from the card issuer used by the Client. By providing their credit card information, the Client authorizes the Seller to debit the card for the total amount including all applicable taxes of the Order.
The Seller uses a secure payment platform to process transactions. The payment data transmitted by the Client are encrypted according to industry standards and never transit in clear text over the network. The Seller does not have access to the Client's banking details.
In case of bank refusal, the Order will be automatically canceled, and the Client will be informed by email. The Seller reserves the right to refuse any Order in case of an existing dispute with the Client.
The Client guarantees that they have the necessary authorizations to use the chosen payment method when validating the Order. In case of payment default, particularly due to the bank's refusal to debit the card or the Client's opposition to the payment, the Seller reserves the right to suspend or cancel the Order.
After payment validation, the Client will receive an Order confirmation email summarizing the details of the purchased Products and including a link to download the digital Products.
The Client is invited to keep a copy of the information related to their Order and the transaction.
8. Delivery
Digital Products, such as e-books, are delivered exclusively by electronic means. After Order validation and payment confirmation, the Client will receive a confirmation email containing a download link to access the purchased Products.
Delivery is considered made as soon as the confirmation email containing the download link is sent. This email is sent to the email address provided by the Client when placing the Order. Therefore, it is essential that the Client provides a valid email address and ensures proper receipt of messages from the Seller.
The delivery time is immediate after Order confirmation and full payment. The Client can access the digital Products upon receiving the confirmation email.
In case of non-receipt of the confirmation email containing the download link, the Client is invited to check their spam folder and, if necessary, to contact the Seller's customer service at contact@advocate.partners or by phone at +33 7 80 98 88 82 to obtain assistance.
The Seller declines any responsibility in case of an error in the email address provided by the Client or non-receipt of the confirmation email for reasons beyond their control.
In case of a technical problem preventing the delivery of the digital Products, the Seller commits to resolving the issue as soon as possible and providing the Client with the purchased Products under the agreed conditions.
The Client is invited to download and save the digital Products on a secure medium upon receipt to prevent any data loss.
9. Right of Withdrawal
According to the applicable laws, specifically the Code of Federal Regulations (CFR) and the Uniform Commercial Code (UCC) of the United States, the Client is informed that the right of withdrawal does not apply to contracts for the supply of digital content not provided on a tangible medium, the execution of which has begun after the consumer's prior express agreement and express waiver of their right of withdrawal.
Indeed, under Section 102 of the UCC and relevant provisions of the CFR (particularly 16 CFR Part 425 regarding consumer protection rules), digital products such as e-books, once downloaded or accessed, cannot be subject to the right of withdrawal.
Waiver of the right of withdrawal
When placing the Order and before downloading the digital Product, the Client:
Expressly agrees that the contract's execution begins immediately after the Order's validation and full payment.
Expressly waives their right of withdrawal once the execution has begun.
This waiver is necessary to allow the Client to access the purchased digital Products immediately.
Exceptions and specific cases
However, the Seller commits to providing assistance in case of a technical problem preventing access to the digital Product. The Client can contact customer service at contact@advocate.partners or by phone at +33 7 80 98 88 82 to report any encountered issue.
In case of non-conformity of the Product or proven defect, the Seller will examine the Client's request and, if necessary, propose an appropriate solution (replacement of the download link, sending a correct file, etc.).
10. Warranty and Liability
Legal warranty of conformity
The digital Products sold on the Site benefit from the legal warranty of conformity provided by the Code of Federal Regulations (CFR) of the United States. In case of non-conformity of the delivered digital Product, the Client can contact the Seller at contact@advocate.partners to report the issue and obtain assistance.
The Seller commits to providing digital Products that conform to the description on the Site and free from defects that may render them unfit for their intended use. In case of a non-conforming digital Product, the Seller commits to correcting the defect or providing a replacement digital Product, provided that the request is justified and made within a reasonable time after discovering the defect.
Limitation of liability
The Seller shall not be held liable for any damages resulting from the improper use of the digital Products purchased on the Site. It is the Client's responsibility to ensure that the digital Products meet their specific needs and to use them in accordance with the provided instructions.
Furthermore, the Seller cannot be held liable for interruptions or delays in accessing the Site or digital Products due to maintenance operations, technical failures, or events beyond their control (force majeure).
Exclusion of liability
The Seller disclaims any liability for data loss or damages resulting from the use of downloaded digital Products. It is recommended that the Client save the digital Products on a secure medium to prevent accidental loss.
In no event shall the Seller's liability exceed the total amount paid by the Client for the purchase of the digital Product in question.
Warranty exclusions
The warranty does not apply in the following cases:
Use of the digital Product in a manner not intended.
Damages resulting from negligence, misuse, or alteration of the digital Product by the Client or a third party.
Technical issues related to the Client's equipment or software.
Technical support
For any questions or assistance regarding the download or use of digital Products, the Client can contact the Seller's customer service by email at contact@advocate.partners or by phone at +33 7 80 98 88 82. The Seller will provide the necessary instructions to resolve technical issues and ensure the Client's satisfaction.
11. Data Protection
Collection and processing of personal data
The Seller is committed to respecting the confidentiality of personal data communicated by the Client on the Site and to processing them in accordance with the laws and regulations in force, particularly the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR) of the European Union, to the extent that these regulations may apply.
The personal data collected on the Site are as follows:
First and last name
Email address
Billing details
Payment information (processed securely by third-party providers)
These data are collected for the following purposes:
Processing and managing Orders
Sending digital Products
Managing customer relations (support, complaints, etc.)
Sending information and commercial offers (if the Client has given their consent)
Client's rights
In accordance with applicable laws, the Client has the following rights regarding their personal data:
Right of access: The Client can request to view the personal data held by the Seller.
Right of rectification: The Client can request the correction of inaccurate or incomplete data.
Right to erasure: The Client can request the deletion of their personal data, subject to the Seller's legal obligations.
Right to restrict processing: The Client can request the restriction of processing of their personal data in certain cases.
Right to object: The Client can object to the processing of their personal data for legitimate reasons.
Right to data portability: The Client can request to receive their personal data in a structured and commonly used format and to transmit them to another data controller.
To exercise these rights, the Client can contact the Seller at the following address: contact@advocate.partners.
Data security
The Seller implements appropriate technical and organizational measures to ensure the security of personal data and protect against loss, misuse, or alteration of the information under its control. However, no data transmission over the Internet is entirely secure. Therefore, the Seller cannot guarantee the absolute security of the information transmitted by the Client.
Use of cookies
The Site uses cookies to enhance user experience and provide tailored services and features. Cookies are small text files stored on the Client's device when visiting the Site. The Client can configure their browser to refuse cookies, but this may affect access to certain Site features.
Data sharing
The Client's personal data may be shared with third parties in the following cases:
Service providers: The Seller may use third-party service providers for payment processing, email delivery, and other services necessary for Order fulfillment.
Legal obligations: The Seller may be required to disclose personal data in response to legal requests from public authorities, including to meet national security or law enforcement requirements.
12. Intellectual Property
Intellectual property rights
All content on the Site, including but not limited to texts, images, illustrations, videos, logos, icons, files, software, databases, and other digital elements (hereinafter referred to as "Content"), is the exclusive property of the Seller or its partners and is protected by U.S. and international intellectual property laws, including the U.S. Copyright Act.
License to use
By purchasing a digital Product on the Site, the Client is granted a non-exclusive, personal, and non-transferable license to use the Product for strictly private purposes and for their own needs. This license is limited to personal use and does not confer any rights to reproduce, distribute, modify, or commercially exploit the Content.
Personal use
The Client agrees to use the digital Products solely for their personal and private use. Any reproduction, representation, modification, adaptation, publication, transmission, distribution, sale, or other unauthorized exploitation of the Content is strictly prohibited and constitutes a violation of the Seller's intellectual property rights, which may result in civil and criminal liability for the infringer.
Content protection
The digital Products purchased on the Site are protected by technical measures against unauthorized copying and distribution. The Client agrees not to circumvent, disable, or alter these technical protection measures.
Right of citation
Subject to respecting the Seller's intellectual property rights, the Client is authorized to quote excerpts from the digital Products in an academic, critical, or informational context, provided that the source is clearly mentioned and the use is made in a fair and customary manner.
Violation of intellectual property rights
In case of a violation of the Seller's intellectual property rights, the Seller reserves the right to take all necessary measures to stop the infringement and obtain compensation for the damages suffered. The Seller may, in particular, request the removal of infringing Content, initiate legal proceedings, and claim damages.
Notice of violation
If the Client becomes aware of a violation of intellectual property rights on the Site or in the digital Products, they are invited to inform the Seller at contact@advocate.partners, providing details of the nature of the observed violation.
13. Force Majeure
Definition
In the event of the occurrence of a force majeure event, the obligations of the parties under these General Terms and Conditions of Sale will be suspended. Force majeure is defined as any event beyond the parties' control, unpredictable and insurmountable, rendering the performance of contractual obligations impossible under normal conditions. Force majeure events include, but are not limited to:
Natural disasters (storms, floods, earthquakes, etc.)
Fires or explosions
Armed conflicts, wars, acts of terrorism
Riots or civil disturbances
Pandemics or epidemics
Strikes, lockouts, or other labor disputes
Acts of government or regulatory authorities
Power or communication network failures, cyberattacks
Effects of force majeure
In the event of force majeure, the parties are exempt from their responsibilities in performing their contractual obligations, to the extent and for the duration that such performance is prevented or delayed by a force majeure event.
During the force majeure event, the parties agree to suspend the performance of their respective obligations. If the force majeure event continues for more than thirty (30) consecutive days, either party may terminate the Order affected by the force majeure event, without compensation, by written notification (email, mail) to the other party.
Notification of force majeure event
The party invoking a force majeure event must notify the other party without delay of the occurrence of said event, specifying its nature, foreseeable effects, and estimated duration. This notification must be made in writing (email or mail) and be accompanied by all necessary supporting documents.
Resumption of obligations
As soon as the force majeure event ceases, the affected party must inform the other party and resume the performance of its obligations as soon as possible. The performance deadlines will then be extended by a period equal to the suspension due to the force majeure event.
Limitation
The occurrence of a force majeure event cannot justify the non-payment of amounts due by the Client to the Seller for Orders already fulfilled before the occurrence of the force majeure event.
14. Applicable Law and Jurisdiction
Applicable law
These General Terms and Conditions of Sale and the operations resulting from them are governed and interpreted in accordance with French law. This provision applies both to substantive and procedural rules, regardless of the place of performance of substantial or ancillary obligations.
Disputes
In the event of a dispute or conflict relating to the validity, interpretation, execution, or termination of these GTCS, the Client and the Seller will endeavor to find an amicable solution before resorting to legal action. To this end, the Client is invited to contact the Seller's customer service at contact@advocate.partners or by phone at +33 7 80 98 88 82.
Competent jurisdiction
In the absence of an amicable resolution, any dispute relating to these GTCS will be subject to the exclusive jurisdiction of the courts of Aix-en-Provence, France, even in the case of multiple defendants or warranty claims. This jurisdiction clause also applies to emergency proceedings, incidental claims, or multiple defendants.
Mediation
The Client is informed that they may in any event resort to conventional mediation, particularly with the Consumer Mediation Commission (Article L612-1 of the Consumer Code) or any alternative dispute resolution method (conciliation, for example) in case of a dispute.
Consumer protection
Consumers residing in another European Union country can also access the online dispute resolution platform set up by the European Commission at the following address: https://ec.europa.eu/consumers/odr/ to attempt to resolve any dispute arising from an online purchase amicably.
15. Modification of the GTCS
The Seller reserves the right to modify these General Terms and Conditions of Sale (GTCS) at any time. The modifications will be applicable as soon as they are posted on the Site, unless otherwise specified.
Client information
The Seller commits to informing Clients of any substantial modification of the GTCS by any appropriate means, including by email or through a notice on the Site. It is the Client's responsibility to regularly consult the GTCS to stay informed of any changes.
Acceptance of modifications
Orders placed after the date of posting of the modified GTCS are subject to the new conditions. By continuing to use the Site and placing Orders after the publication of the modifications, the Client accepts the modified GTCS.
Right of withdrawal
If the Client does not accept the modifications of the GTCS, they have the option to terminate their user account on the Site and cease using the Products and services offered by the Seller. Termination does not entitle the Client to a refund of already purchased Products, except in cases provided by law.
Validity of the GTCS
The GTCS in effect at the time of the Order by the Client will prevail over any previous version of the GTCS. Previous versions of the GTCS will be archived by the Seller and accessible upon request by the Client.
Severability clause
If any provision of these GTCS is found to be illegal, invalid, or unenforceable for any reason, that provision will be deemed severable from the other provisions and will not affect the validity and enforceability of the remaining provisions of the GTCS.
16. Customer Service and Contact
Customer service
For any questions, complaints, or requests for information regarding the Products, Orders, or these General Terms and Conditions of Sale, the Client can contact the Seller's customer service. Customer service is available to assist the Client and respond to their inquiries as quickly as possible.
Customer service contact details
Postal address: Advocate.Partners, 474 Chemin de la Prairie, 13200 Arles, France
Email address: contact@advocate.partners
Phone number: +33 7 80 98 88 82
Opening hours
Customer service is available from Monday to Friday, from 9:00 AM to 6:00 PM (local time).
Complaints
In case of a complaint, the Client is invited to contact customer service by email or phone, providing all necessary information (Order number, description of the problem, etc.). The Seller will endeavor to process the complaint as quickly as possible and offer an appropriate solution.
Technical support
For any technical support regarding the download or use of digital Products, the Client can contact customer service by email or phone. The Seller will provide the necessary instructions to resolve technical issues and ensure the Client's satisfaction.
Feedback and suggestions
The Seller encourages the Client to share their comments, suggestions, and feedback regarding the Products and services. These can be sent by email to contact@advocate.partners. The Seller strives to continuously improve its Products and services by considering Client feedback.
Confidentiality
All communications between the Client and customer service are treated confidentially. The personal data collected during these exchanges are used exclusively for processing the request and are protected in accordance with the Seller's data protection policy.