Terms & Legal mentions - Bruno Albouze

PRIVACY STATEMENT

General

Your personal data (e.g. title, name, house address, e-mail address, phone number) are processed by us only in accordance with the provisions of EU General Data Protection Regulation. The following provisions describe the type, scope and purpose of collecting, processing and utilizing personal data. This data privacy policy applies only to our web pages. If links on our pages route you to other pages, please inquire there about how your data are handled in such cases.

Form data

Your personal data, insofar as these are necessary for contacting you, are used exclusively for contact purpose.

Web analysis with Google Analytics

This website uses Google Analytics, a web analysis service of Google Inc. (Google). Google Analytics uses cookies, i.e. text files stored on your computer to enable analysis of website usage by you. Information generated by the cookie about your use of this website is usually transmitted to a Google server in the United States and stored there. In case of activated IP anonymization on this website, however, your IP address is previously truncated by Google within member states of the European Union or in other states which are party to the agreement on the European Data privacy policy. Only in exceptional cases is a full IP address transmitted to a Google server in the United States and truncated there. On behalf this website’s owner, Google will use this information to evaluate your use of the website, compile reports about website activities, and provide the website’s operator with further services related to website and Internet usage. The IP address sent from your browser as part of Google Analytics is not merged with other data by Google. You can prevent storage of cookies by appropriately setting your browser software; in this case, however, please note that you might not be able to fully use all functions offered by this website. In addition, you can prevent data generated by the cookie and relating to your use of the website (including your IP address) from being collected and processed by Google, by downloading and installing a browser plug-in from the following link: http://tools.google.com/dlpage/gaoptout?hl=en

Information about cookies

(1) To optimize our web presence, we use cookies. These are small text files stored in your computer’s main memory. These cookies are deleted after you close the browser. Other cookies remain on your computer (long-term cookies) and permit its recognition on your next visit. This allows us to improve your access to our site.

(2) You can prevent storage of cookies by choosing a “disable cookies” option in your browser settings. But this can limit the functionality of our Internet offers as a result.

Social plug-ins from Facebook

We use social plug-ins from facebook.com, operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. The plug-ins can be recognized by way of the Facebook logo or the supplement “Facebook Social Plug-in”. For example, if you click on the “Like” button or leave a comment, the relevant information is transmitted directly from your browser to Facebook and stored there. Furthermore, Facebook makes your likes public for your Facebook friends. If you are logged into Facebook, it can assign the invocation of our page directly to your Facebook account. Even if you are not logged in or don’t have a Facebook account, your browser sends information (e.g. which web pages you have called up, your IP address) which is then stored by Facebook. For details about handling of your personal data by Facebook and your related rights, please refer to the data privacy policy of Facebook: http://www.facebook.com/policy.php. If you do not want Facebook to map data collected about you via our Web sites to your Facebook account, you must log out of Facebook before you visit our web pages.

Social plug-ins from YouTube

With YouTube, run by Google and its functions, we use social plug-ins from YouTube.com, operated by YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. If you use Retweet, the websites visited by you are announced to third parties and associated with your YouTube account. Details about handling of your data by YouTube as well as your rights and setting options for protecting your personal information can be found in YouTube data privacy policy: https://www.google.de/intl/de/policies/privacy

Disclosure

According to the EU General Data Protection Regulation, you have a right to free-of-charge information about your stored data, and entitlement to correction, blocking or deletion of such data. Inquiries can be directed to the following e-mail address: admin@brunoalbouze.com

Hosting

Both brunoalbouze.com and academy.brunoalbouze.com websites are hosted on GoDaddy.

Webmastering and Visibility

Websites are webmastered by Wiformup : SEO & Webmarketing

Terms of Use

ARTICLE 1 – DEFINITIONS AND PRESENTATION OF SERVICES 1.1 In the context of these General Terms of Sale (hereinafter, “Terms of Service”), the following terms are associated with the following definitions:

Acknowledgment of Receipt: refers to the email sent to the Client by BRUNO ALBOUZE to summarize the elements of their order.

Access Codes: refer to the username and password that allow the Client to identify themselves and log in to the Site, in order to access their Account and possibly place an order. These username and password are chosen and communicated to the Site by the Client when opening their Account.

Client: refers to any person who has opened an Account and proceeds to purchase products and services offered by the Site.

Account: refers to the personal space on the Site which the Client can only access after registering, by entering their username and Access Codes, and which allows them to place orders, access data concerning them (orders, invoices, purchase history, etc.), as well as access the Community Space.

Cookie: refers to a tracker/text file deposited and read on the Client’s hard drive by the Site’s server, during a consultation. The Cookies used on the Site do not directly identify the Client but facilitate and speed up their access to the Site by allowing automatic recognition, or measure the audience of the Site’s pages. Cookies are also necessary to identify the services and sections visited by the Client and, more generally, their behavior in terms of visits (browser language, dates and times of visits, history, content of orders, etc.). This information is useful for personalizing services, content, promotional offers, and banners that appear on the Site. The management of Cookies and personal data is subject to two specific policies (Cookie Policy and Personal Data Protection Policy) that the Client is invited to consult.

(The) Parties: refers to all the protagonists of the contract for the marketing of paid products and Services offered by the Site, that is to say the Client and BRUNO ALBOUZE; each of these protagonists can be referred to individually as a “Party”.

Profile: refers to the information communicated by the Client when registering and opening their Account. The communication of this personal data allows the Client to place orders as well as to have access to data concerning them (orders, invoices, purchase history, etc.).

Signature: refers to the acceptance of the Terms of Service manifested by

the Client by ticking a box provided for this purpose in the context of the online purchase procedure set out in Article 6 of these Terms.

Paid Service: refers to a service offered by the Site and acquired by the Client in exchange for payment.

Site: refers to the BRUNO ALBOUZE company website accessible at www.brunoalbouze.com

VAT: refers to Value Added Tax.

1.2 BRUNO ALBOUZE offers the client, through the Site, the opportunity to subscribe to paid products and services, governed by these General Terms of Sale:

The “SUBSCRIBER” service allows the Client, by subscribing to a variable duration subscription, to have unlimited access from their personal computer to all the contents and functionalities of the Site, including detailed and illustrated recipes, interactive videos, as well as exclusive offers; the “SUBSCRIBER” service is subject to these Terms of Service as well as the General Conditions of Use of the Site (available here). Subscription to the “SUBSCRIBER” service also provides access to all the functionalities of the free “REGISTERED” service. The “SUBSCRIBER” service does not provide access, except in the case of special and occasional offers, to the PASTRY FUNDAMENTALS course, set up on the site academy.brunoalbouze.com

The “SUBSCRIBER” service is accessible to the Client for the duration of their subscription. Once it has expired or been terminated, the Client no longer has access to any of the functionalities of the “SUBSCRIBER” service but continues to be able to access the free part of the Site.

BRUNO ALBOUZE may occasionally offer exceptional events, such as live Master Classes. The Client can access these by paying the price; the Client’s attention is drawn to the fact that this payment gives them

exclusive access to this service and not to all the paid content of the Site (except for temporary special offers); this Paid Service is subject to these Terms of Service as well as the General Conditions of Use of the Site (available here).

Finally, BRUNO ALBOUZE may allow the Client to purchase products via their Shop space.

1.3 The Site may offer promotional deals and trial offers, different from the “SUBSCRIBER” service and the occasional Paid Services presented in Article 1.2. These offers, proposed at a preferential price and/or for unusual durations, are also subject to these Terms of Service, as well as the General Conditions of Use of the Site (available here).

ARTICLE 2 – ACCEPTANCE OF THE Terms of Service

2.1 These General Terms of Sale (hereinafter, “Terms of Service”) apply to all sales of paid products and services marketed by BRUNO ALBOUZE on the website www.brunoalbouze.com, with the information appearing on any other document being indicative only. They define the commercial and contractual relationships binding the Client to the Site. Any order implies the Client’s full and unconditional adherence to all the provisions of these Terms of Service.

The Terms of Service and all contractual information are presented on the Site exclusively in English. Any translation provided would be for the convenience of the Client, with only the English version being authoritative.

2.2 The Client expressly declares having the capacity to accept these Terms of Service, meaning being of legal age and not subject to any legal protection measures for individuals. Minors must obtain prior authorization from their parents or the adult with parental authority to accept these Terms of Service and place an order.

2.3 The applicable Terms of Service are those in force on the date of the order.

Any condition contrary to these Terms of Service requested by the Client but not expressly accepted is unenforceable against BRUNO ALBOUZE.

2.4 Unless proven otherwise, the data recorded on the Site constitute proof of all transactions made between the Site and the Client. This data is authoritative, subject to written and contrary proof provided by the Client.

2.5 The temporary non-application of one or more clauses of these Terms of Service cannot in any case be interpreted as a waiver by BRUNO ALBOUZE to avail itself of any of these clauses. If one or more of the provisions of these Terms of Service were declared null or inapplicable by a Law, a Regulation, or following a final court decision, the other provisions would retain their full force and scope and would continue to apply in full.

ARTICLE 3 – MANDATORY PRIOR ACCOUNT

CREATION 3.1 Any order for a paid product or service from the Site requires that the Client has previously registered a Profile. To do this, the Client fills out an online registration form, through which they communicate to the Site all the information necessary for processing and executing their order. The Client can only place their order online by creating an account.

The Client’s attention is drawn to the obligation to provide complete, accurate, and up-to-date information, as requested in the registration form. BRUNO ALBOUZE reserves the right to refuse to follow up on an order in the case of inaccurate, outdated, and/or incomplete information.

Registration also requires answering the following questions: “I agree to receive information from the Bruno Albouze site by email.” Registration and the creation of an Account imply acceptance to receive the Site’s newsletter, with the Client retaining the right to opt out under the conditions provided in Article 17.2 of these Terms of Service.

Once their registration is validated, the Client receives a confirmation email at the address they provided. The Client is advised to keep this confirmation email for their records.

The Client’s attention is drawn to the fact that this email might arrive in the spam folder of their email box, and the Site cannot be held responsible in this regard. In the event that they have not received an Acknowledgment of Receipt, the Client is invited to contact the Site’s Customer Service, the contact details of which are provided in Article 13 of these Terms of Service.

3.2 The Client has the possibility to complete and update their Profile at any time by going to the SETTINGS section of their Account. They also have the possibility to change their Access Codes by going to the SETTINGS section of their Account.

The Client is strongly advised to regularly update their Profile, in order to provide all the information necessary for processing their current or future orders (change of contact details, change of email, etc.). The Client releases BRUNO ALBOUZE from any responsibility in case of malfunctions and other execution difficulties resulting from a failure to update this information.

The Member also has the possibility at any time to close their Account by sending an email confirmed by registered mail to the Site’s Customer Service, the contact details of which are provided in Article 13 of these Terms of Service.

3.3 To create a Profile, minors must obtain prior authorization from their parents or the adult with parental authority. These adults are invited to ensure that minors cannot fill out online forms containing personal data, or that they can only do so under their supervision.

To create a Profile, it is reminded that adults must not be subject to any legal protection measures for individuals as provided by articles 425 and following of the Civil Code.

3.4 It is reminded that Access Codes are strictly personal, confidential, and non-transferable information. The Client confirms being informed that the acquisition of a Paid Service entitles access to this service on their personal devices, for strictly private and non-professional use.

The Client is responsible for the management, conservation, and consequences of the use of the Access Codes. Therefore, they are prohibited from disclosing them in any form to third parties and are informed that their communication is made under their sole responsibility.

Any connection to a Client’s Profile is presumed to have been made by this Client. The Client is responsible for all financial consequences resulting from the use of the Site in their name, including by third parties, even minors, unless they demonstrate fraudulent use not resulting from any fault or negligence on their part. Therefore, the Client is advised to log out at the end of each session. The Site cannot be held responsible for any possible fraudulent use committed with its Access Codes.

In case of theft, loss, and/or accidental disclosure of their access codes, or in case of fraudulent use of their Account, the Client undertakes to inform the Site’s Customer Service as soon as possible, the contact details of which are provided in Article 13 of these Terms of Service. BRUNO ALBOUZE will then proceed to cancel these codes to allow their reset. The client also has the option to reset their password by clicking on the “Forgot password?” link on the login form.

ARTICLE 4 – CONDITIONS OF ACCESS AND USE OF SERVICES OFFERED BY THE SITE

4.1 BRUNO ALBOUZE commits to making its best efforts to secure access, consultation, and use of the Site, in order to allow access 24 hours a day, 7 days a week under good conditions. However, the Client is informed that BRUNO ALBOUZE reserves the right to carry out, without notice or compensation, maintenance and upgrade operations necessary for the proper functioning of the Site, in order to make the modifications and improvements required by technical evolutions or the continuity of services. These maintenance operations may, if necessary, result in a temporary suspension of access to the Site, without BRUNO ALBOUZE being held liable in any way in this regard.

BRUNO ALBOUZE cannot be held liable in the event of force majeure or unforeseen circumstances or the occurrence of any irresistible and unforeseeable event (strike, fire, disaster, server breakdowns, internal or external, cyber-attack, etc.).

The Client is informed of the right retained by BRUNO ALBOUZE, without compensation, to temporarily or permanently terminate the Site. In this case, the Client will be notified within a reasonable period of this closure by a notification sent by email to the address provided during their registration and possibly updated thereafter.

4.2 It is reminded that the computer and digital equipment allowing access to the Paid Service to which the Client has subscribed are the exclusive responsibility of the Client, as well as the costs of the Internet connection and any rights paid by the Client to access the Internet. The Client is invited to ensure that the technical characteristics of their computer equipment and hardware allow them to consult the Site.

4.3 The Client is solely responsible for their use of the Site. They expressly acknowledge that their use of the Site is at their own risk and that the Site is accessible “as is” and according to its availability.

Any Client accessing the Site agrees to adopt normal and reasonable behavior and not to hinder, in any way, the proper functioning of the Site. They particularly commit to not taking any action likely to disrupt, slow down, block, or alter the normal flow of data exchanged in the context of using the Site and/or to disturb the normal functioning of the Site. In general, they commit to making no use of the Site and its content that could harm and/or prejudice BRUNO ALBOUZE or third parties.

4.4 In case of difficulties in accessing the Site and/or its services, the Client is invited to contact the Site’s Customer Service, the contact details of which are provided in Article 13 of these Terms of Service.

ARTICLE 5 – PRODUCTS AND SERVICES AND PRICES

5.1 Unless a specific duration is indicated, offers for paid products and services are valid for as long as they are visible on the Site.

The paid products and services offered by the Site are described in full detail, allowing the Client to become familiar with their essential characteristics. For any additional information, the Client is invited to contact the Site’s Customer Service, the contact details of which are provided in Article 13 of these Terms of Service.

The Client’s attention is drawn to the fact that the presentation photographs of the paid products and services offered by the Site are provided for illustrative purposes only and have no contractual value.

It is specified that the paid products and services offered on the Site comply with current legislation and applicable standards. BRUNO ALBOUZE cannot be held liable in the event of non-compliance with the legislation of the country where the Client accesses the paid service. The Client is invited to check with local authorities the conformity of the paid products and services they plan to order with the legislation in force there.

5.2 Unless a specific duration is indicated, the prices of the paid products and services are those listed on the Site at the time of the order. BRUNO ALBOUZE reserves the right to modify, at any time and without notice, the prices of the paid products and services offered on the Site. The prices offered by the Site are established in dollars.

The price invoiced to the Client is the one in effect on the day of the registration of the order or renewal, minus any possible discounts and reductions to which some first orders might be eligible.

The total amount due by the Client is indicated on the order confirmation page. It remains accessible at any time in the Client’s Account.

5.3 Access to a paid service offered by the Site is only possible after the Client has identified themselves and opened a session.

The acquisition of a paid service entitles access to this service on their personal devices, within the framework of strictly private, non-collective, and non-professional use, under penalty of suspension and/or immediate termination of the service as recalled in Article 12 of these Terms of Service. The Client’s attention is drawn to the fact that BRUNO ALBOUZE reserves the right to implement technical means (notably by verifying IP addresses) to control the absence of multiple simultaneous connections to the same Account, in violation of these Terms of Service.

5.4 Access to the “SUBSCRIBER” service is effective from the first

day of the subscription (Day J), under the conditions set out in Articles 6.2 and 6.3 of these Terms of Service. The subscription ends at 11:59 PM on Day J of the following months, depending on the duration of the subscription chosen (example: from March 15 to April 15 at 11:59 PM for a monthly subscription).

Access to the “SUBSCRIBER” service becomes immediately unavailable with the end of the subscription if it is terminated under the conditions recalled in Article 12 of these Terms of Service.

5.5 The price for access to the “SUBSCRIBER” service may occasionally be offered at a promotional rate for the first month. By tacit renewal, the Client transitions, at the end of this month, to the offer they selected at the time of the purchase procedure and pays the non-promotional price.

The Client may, at any time, during the first month, or thereafter, notify their termination (according to the conditions provided in Article 8). Therefore, the Client will have access to the service until the end of the current subscription period.

ARTICLE 6 – ONLINE PURCHASE PROCEDURE

6.1 Every order follows the following process:

Creation of a Client Account and/or identification on the Site and opening of a session;
Selection of products and/or services and filling in the required fields;
Confirmation of the selected offer;
Choice of one of the proposed payment methods (if applicable) and provision of bank details and information necessary for the payment and delivery of the order;
Confirmation of the order and payment, after verifying the accuracy of the information, by clicking on the VALIDATE MY PAYMENT

mention, after accepting these conditions by ticking a box provided for this purpose;

The Client’s attention is drawn to the fact that the payment is considered a signature between the Parties. If the Client fails to validate their payment, it is deemed cancelled.

6.2 The order only becomes final upon receipt by the Client, at the email address entered in their Profile or updated subsequently, of the Acknowledgment of Receipt mentioned in Article 6.1. The Client is advised to keep this confirmation email for their records.

The Client has the possibility at any time to access their Account in order to review their various orders and invoices.

BRUNO ALBOUZE reserves the right to cancel or refuse any order in case of a dispute with the Client relating to the payment of a previous order.

ARTICLE 7 – PAYMENT OF THE PRICE

7.1 The Site offers various methods of payment for orders.

Payment of the price can be made by credit card (CARTE BLEUE, VISA, MASTERCARD) or PAYPAL directly on the Site. The card is charged at the time of the order or at the end of the free period. The customer’s bank details are securely stored by the Stripe/PayPal partner to enable periodic renewal of the subscription. At any time, the customer can modify and update their bank details in the SETTINGS section of their account.

The Customer guarantees that they are the holder of the payment means used for the settlement of the product or paid Service or have the necessary authorizations for their use.

7.2 BRUNO ALBOUZE makes every effort to optimize the security of financial transactions from its Site. All payments made by credit card on the Site are processed through the secure online payment system called Stripe, which encrypts all order-related data (including names, addresses, and credit card numbers) to ensure that the information communicated is protected during transmission.

The customer releases BRUNO ALBOUZE from any liability in case of failure of the bank data transfer.

7.3 Payment for the “SUBSCRIBER” service is made in a single payment, including for annual subscriptions. The same applies in the case of tacit renewal.

It is specified that:

In the case of a subscription occurring between the 1st and the 28th (inclusive) of the month, the debit is made on the day of the subscription; in the case of tacit renewal, subsequent debits occur on the same day each month, or each year in the case of an annual subscription;

In the case of a subscription occurring between the 29th, 30th, or 31st of the month, the first debit is postponed to the 1st day of the following month; in the case of tacit renewal, subsequent debits occur on the 1st day of the month.

In the case of an exceptional offer, partner offer, or special offer granting free access to the “SUBSCRIBER” service initially, and provided that the Customer fully meets the required conditions, the debit only occurs at the end of this free period.

In the case of a special offer corresponding

to a discount on the price of the “SUBSCRIBER” service or any other paid Service, the amount debited is automatically reduced accordingly.

7.4 In the event of the expiration of the credit card details, the Site (or its partners) may send the Customer a warning email 30 days before the actual expiration, inviting them to update their bank information on their Account. A reminder may also be sent 15 days before the actual expiration and then the day before the expiration date.

In the event that the bank details are not updated, preventing the payment of the price, a “Payment Failure” email is sent to the Customer.

Generally, in the case of total or partial non-payment of the price by the Customer, the contract (subscription, etc.) is terminated by right, without notice or compensation. In this case, the sums already paid by the Customer are deemed to be acquired by BRUNO ALBOUZE, as a penalty clause, who also retains the possibility of judicially seeking compensation for the entirety of its loss. BRUNO ALBOUZE may also suspend all ongoing orders from the Customer.

ARTICLE 8 – TACIT RENEWAL OF THE “SUBSCRIBER” SERVICE AND CANCELLATION BY THE CUSTOMER

8.1 The subscription to the “SUBSCRIBER” service is tacitly and automatically renewed the day after the end of the subscription period, for a duration identical to the one initially subscribed to and at the rate in effect at the time of renewal as indicated on the Site, provided that it has been duly terminated.

8.2 The subscription to the “SUBSCRIBER” service is duly terminated when the Customer has notified the termination by going to the SETTINGS / Subscriptions section of the account and clicking on the “Cancel” link at the level of the active subscription.

The termination becomes effective at the end of the current subscription period.

Failure to comply with these termination procedures results in the automatic renewal of the subscription, for a duration identical to the one initially subscribed to, at the rate in effect at the time of renewal as indicated on the Site.

8.3 The Customer’s attention is drawn to the fact that they have the possibility at any time to proceed with the termination of their subscription to the “SUBSCRIBER” service in the event of a unilateral modification of one of the essential elements of the contract (subscription price, etc.). The termination becomes effective at the end of the current subscription period.

The termination of the subscription to the “SUBSCRIBER” service by the Customer does not entitle them to any refund of any kind, the sums received by BRUNO ALBOUZE remaining definitively acquired by him.

ARTICLE 9 – RIGHT OF WITHDRAWAL FOR PAID SERVICES

9.1 The Client has a period of 14 (fourteen) days from the conclusion of the “SUBSCRIBER” Service subscription contract under the conditions set out in Article 6.3 of these Terms of Service to exercise their right of withdrawal, without having to justify their choice.

Given the very nature of this digital service, the Client acknowledges and expressly accepts that the execution of the “SUBSCRIBER” Service begins upon the validation of the order, that is, before the end of the 14 (fourteen) day withdrawal period.

However, it is reminded that the Client who has exercised their right of withdrawal, while the execution of the “SUBSCRIBER” Service has begun, with their agreement, before the end of the withdrawal period, is liable to the Site for an amount corresponding to the service provided until the communication of their decision to withdraw. This amount is proportional to the total price of the agreed service.

9.2 The Client wishing to exercise their right of withdrawal is invited to first approach the Site’s Customer Service, the contact details of which are provided in Article 13 of these Terms of Service. Armed with their invoice and/or order details, they can thus obtain clarification on the procedures to follow, in order to benefit from a faster processing of their file.

To exercise their right of withdrawal, the Client is invited to send a registered letter to the customer service, the contact details of which are provided in Article 13 of the Terms of Service. The Site then sends the Client, without delay, an acknowledgment of receipt of the withdrawal to the email address provided at the time of registration and possibly updated thereafter.

The refund is made as soon as possible, according to the initial payment method used by the Client at the time of purchase.

ARTICLE 10 – SUSPENSION AND TERMINATION BY BRUNO ALBOUZE

10.1 Without prejudice to the settlement of any damages in compensation for the harm suffered, BRUNO ALBOUZE expressly reserves the right to proceed (without this constituting an obligation), without notice or compensation, to the immediate termination and suspension of the paid Service subscribed to by the Client, in the following circumstances:

In the event of a breach by the Client of any of the obligations imposed on them by these Terms of Service and/or by the CPU, and, more particularly,

In the event of non-compliance with the intellectual property rights of BRUNO ALBOUZE and/or its licensors (see Article 16 of these Terms of Service and Article 5 of the CPU, available here);

In the case of using the “SUBSCRIBER” service for multiple simultaneous connections and/or for professional purposes (see Article 5.4 of these Terms of Service);

In the event of providing incorrect information (identity, contact details, etc.) when creating the Account or during updates.

In the event of total or partial non-payment by the Client of the price of the products and/or paid Services (see Article 7.3 of these Terms of Service);

In the event of any use of the Site that would harm the interests (including in terms of image and reputation) of the Site and/or BRUNO ALBOUZE, as well as those of third parties.

In these various cases, BRUNO ALBOUZE will inform the Client by sending an email to the address provided at the time of registration and possibly updated thereafter. BRUNO ALBOUZE retains all sums already paid by the Client without the latter being able to claim any refund.

BRUNO ALBOUZE’s liability cannot then be sought by the Client subject to the suspension and/or termination of their Account.

10.2 It is reminded that BRUNO ALBOUZE also has the possibility (without this constituting an obligation) to temporarily or permanently exclude any Member from the Community Space in case of repeated non-compliance with the commitments made in Articles 6.1, 6.2, and 6.3 of the CPU and/or repeated violation of third-party rights (intellectual property rights, personality rights, etc.). BRUNO ALBOUZE then reserves the possibility to proceed with the termination of the

Member’s Account.

10.3 It is reminded that BRUNO ALBOUZE retains the right, without compensation, to temporarily or definitively terminate the Site. In this case, the Client will be notified within a reasonable period of this closure by a notification sent by email to the address provided at the time of registration and possibly updated thereafter. Exceptionally, the Client will then be offered a refund proportional to the price of the covered service, as the closure of the Site entails the termination of the “SUBSCRIBER” service.

ARTICLE 11 – WARRANTIES

11.1 The Client benefits from the legal warranties of conformity of the product or paid Service to the contract and from hidden defects. For their perfect information, these legal provisions are reproduced in Appendix A of these Terms of Service. It is the Client’s responsibility to provide BRUNO ALBOUZE with all justification as to the reality of the alleged anomalies or defects. In this regard, the Client shall refrain from intervening themselves or from having a third party intervene.

In the case of a hidden defect in a product or paid Service, BRUNO ALBOUZE commits to refunding the Client for the apparently defective product or service and/or not corresponding to their order as soon as possible and at the latest within 14 (fourteen) days following the letter formalizing the offer of refund.

The provisions of this Article do not prevent the Client from benefiting from the right of withdrawal provided for in Article 9 of these Terms of Service, or from any contractual warranties.

11.2 To find out the procedures to follow regarding any problem with a paid Service, the Client can contact the Site’s Customer Service, the contact details of which are provided in Article 13 of these Terms of Service.

Requests and claims made under the warranties must be addressed by email to the Customer Service or by registered letter with a request for acknowledgment of receipt.

To facilitate the resolution of disputes, the Client is invited to communicate to the Customer Service the purchase invoice that was transmitted to them by the Site at the time of their purchase.

ARTICLE 12 – FORCE MAJEURE

Neither Party shall be considered to have failed in its contractual obligations if the failure to perform is caused by an act of God or force majeure.

Any irresistible fact or circumstance, external to the Parties, unpredictable, inevitable, independent of the will of the Parties, and which cannot be prevented by them, despite all reasonably possible efforts (strike, fire, disaster, server breakdown, both internal and external, cyber attack, etc.) is therefore likely to exempt the failing Party from its responsibility, provided that it is duly demonstrated.

The Party failing due to an act of God or force majeure shall inform its co-contracting party within 7 (seven) working days following the date on which it became aware of it. Within 14 (fourteen) days following this announcement, the Parties shall come together to examine the impact of the event and the conditions under which the execution of the order may be continued.

Any act of God or force majeure lasting more than 30 (thirty) days entitles the other Party to request the termination of the order.

ARTICLE 13 – CUSTOMER SERVICE

For any information or question about an order and its follow-up (refund, termination, etc.), the Client is invited to contact the Site’s Customer Service:

Email address: chefbruno@me.com

ARTICLE 14 – INTELLECTUAL PROPERTY

It is reminded that all texts, photographs, images, videos, audiovisual combinations, files, photographic or videographic recordings, data, and other works and documents reproduced and represented on the Site are protected by intellectual property rights (copyright, trademark rights, database producer rights, etc.).

Access to the paid Service offered by BRUNO ALBOUZE and acquired by the Client is limited to use for purely personal and non-professional purposes, in a private and non-collective setting. This right of access, non-exclusive and non-transferable, does not entail any transfer of a right to reproduce and/or represent the Site, in whole or in part, nor any transfer of a right to extract totally or partially the data contained therein. The Client therefore acknowledges having no particular rights over the content of the Site and must strictly respect French legislation, particularly in terms of intellectual property rights (copyright, database rights, trademark rights, etc.) and personality rights (right to image, etc.).

Article 15 – APPLICABLE LAW – DISPUTES

These Terms of Service are written in English. Any translation possibly provided is only for the convenience of the Client, with only the French version being authoritative.

These Terms of Service are subject

to the exclusive jurisdiction of American law.

In the event of a dispute, the Parties agree to make every effort to find, in good faith, an amicable solution before any legal action. The Client is informed of the possibility of resorting to conventional mediation or any other alternative dispute resolution method.

In case of failure, any dispute relating to these Terms of Service, their interpretation, their validity, and their consequences, regardless of the location of the Parties and the chosen payment method, is subject to the exclusive jurisdiction of the competent courts within the jurisdiction of American justice