GENERAL TERMS AND CONDITIONS OF SALE – BLOSSOM TALENTS

1. Purpose.

 

BLOSSOM TALENTS provides online training courses covering a variety of topics and sectors, aimed at a diverse audience of learners.

 

Any registration for a training course provided by BLOSSOM TALENTS is subject to these General Terms and Conditions of Sale.

 

1. Definitions.

 

• "Learner": Refers to the natural person who subscribes to a Training Course on the Website.

• "Learner Account": Refers to the Learner’s personal space on the Website, allowing them to log in, manage, and track the Training Courses to which they have subscribed.

• "General Terms": Refers to these General Terms and Conditions of Sale.

• "Content": Refers to all texts, graphics, visuals, logos, trademarks, names, sounds, drawings, data, software, domain names, photos, videos, audio materials, and any other elements that may be protected by intellectual property rights, appearing in the materials provided as part of the Training Courses and/or on the Website.

• "Access Period": Refers to the period during which the Learner has access to the Service to complete the Training Course.

• "Training Course(s)": Refers to one or all of the online training programs offered by the Training Provider, consisting of customized programs tailored to the Learner’s specific needs, as described on the Website.

• "Mon Compte Formation": Refers to the French government’s official digital service, mandated by the Ministry of Labour, Health and Solidarity, designed to connect individuals holding an active personal training account with funding bodies and training providers, enabling access to certified and qualifying courses.

• "Skills Operators": Refers to organizations approved by the French State (by ministerial decree) responsible for supporting professional training in a specific area of intervention.

• "Website Operator": Refers to MAJ DIGITAL, a simplified joint-stock company (SAS) with a share capital of €5,000, headquartered at 19 Avenue d’Italie, 75013 Paris, registered with the Paris Trade and Companies Register under number 844 925 834, which the Training Provider uses to deliver the online Training Courses via its LMS (Learning Management System) “Teachizy.”

• "Training Provider": Refers to BLOSSOM TALENTS, a simplified single-shareholder joint-stock company (SASU) with a share capital of €1,000, headquartered at 20 Grande Rue, 91260 Juvisy-sur-Orge, registered with the Evry Trade and Companies Register under number 847 813 219, offering Training Courses via the Website and holding the Qualiopi certification (training organization no. 119 1090 7891).

• "Party(ies)": Refers individually or collectively to the Training Provider and the Learner.

• "Price": Refers to the financial consideration payable by the Learner to the Training Provider for access to the Service during the Access Period. The Price is expressed in euros, inclusive of all taxes.

• "Privacy Policy": Refers to the Training Provider’s privacy policy available here.

• "Applicable Regulations": Refers to all laws, regulations, directives, decrees, orders, standards, recommendations, or guidelines issued by France or the European Union, as well as industry codes, best practices, and professional guidelines applicable to the execution of these General Terms and the delivery of the Training Course, including but not limited to: the French Data Protection Act of 6 January 1978, the EU General Data Protection Regulation No. 2016/679, the French Commercial Code, the Consumer Code, the Civil Code, as well as any legal norms or judicial/administrative decisions related to their enforcement. This also includes the rules and requirements issued by Mon Compte Formation, Skills Operators, and relevant employers where they partially or fully cover the Price.

• "Service": Refers to the provision of access to the Training Courses by the Training Provider to the Learner via the Website.

• "Website": Refers to the website through which the Training Provider offers the Service, accessible at www.blossomtalents.com.

 

1. SCOPE – ACCEPTANCE.

 

These General Terms are accessible to Learners directly by clicking on the “T&Cs” link at the bottom of every page of the Website.

 

Access to and use of the Website are conditional upon the prior consultation and unreserved acceptance of these General Terms by the Learner before registering on the Website, by ticking the box stating: “By ticking this box, I accept the General Terms of Service.”

 

Use of the Website by the Learner therefore constitutes full and unconditional acceptance of these General Terms.

 

1. QUALIOPI CERTIFICATION.

 

The Training Provider is Qualiopi-certified, demonstrating the Service’s compliance with the Référentiel National Qualité (RNQ – National Quality Framework), which is a set of criteria and indicators certifying the quality of the actions carried out by an organization contributing to the development of skills.

 

1. DESCRIPTION OF THE SERVICE.

 

The Training Provider offers Training Courses on various topics and sectors, each described on the Website.

 

To this end, the Training Provider delivers to the Learner who has subscribed to a Training Course a variety of Content, including but not limited to: textual materials, audio files, multimedia resources, skills assessments, evaluations, and questionnaires.

 

The Training Course may also include private or group meetings and exchanges, conducted via videoconference or telephone calls, with a person responsible for delivering the Training.

 

The Service is accessible twenty-four (24) hours a day, seven (7) days a week, except in the event of force majeure or any event beyond the Training Provider’s control—such as technical failures of any kind or actions by the Website Operator that block access to the Service—and subject to necessary maintenance and update periods of the Website.

 

1. ACCESS TO THE SERVICE.

 

Access to the Service via the Website is reserved for Learners residing in a country where the Website is available.

 

To validly benefit from the Service offered by the Training Provider on the Website, the Learner expressly declares that they have full legal capacity.

 

Once the Learner has paid the Price, or, where applicable, once the Price has been covered by Mon Compte Formation, a Skills Operator, or an employer, they may access the Service at any time by registering with login credentials consisting of a valid email address and a password chosen by the Learner.

 

The validity of the email address will be verified by sending an email from the Training Provider to the address provided.

 

L’Apprenant s’engage à ce titre à préserver la confidentialité de ses identifiants. Il reconnait que la conservation et l’utilisation de ses identifiants sont sous son entière responsabilité. 

 

The Learner undertakes to preserve the confidentiality of their login credentials and acknowledges that the storage and use of these credentials are their sole responsibility.

 

Any use of the Website through the Learner’s credentials will be deemed to have been made by the Learner and will be their sole responsibility.

 

If the credentials are used fraudulently or lost, the Learner must immediately inform the Training Provider, who will cancel the credentials or immediately change the password upon proof of identity. If the Learner forgets their credentials, they may request a password reset via the Website. The Training Provider cannot be held liable for any harmful consequences to the Learner resulting from unlawful, fraudulent, or abusive use of their credentials by a third party.

 

1. LEARNER ACCOUNT.

 

To benefit from the Service, the Learner must create a Learner Account. Creating the Learner Account requires the Learner to provide the mandatory information requested for the provision of the Service.

 

In this respect, the Learner must enter their personal information (first name, last name, date of birth, email address) as well as any other information deemed necessary by the Training Provider.

 

1. ACCESS PERIOD.

 

The Learner has a limited Access Period to the Service. The Access Period is communicated prior to any payment of the Price and is specified on the Website.

 

Once the Access Period has expired, the Learner will no longer have access to the Service, whether or not they have fully completed the Training Course(s) to which they subscribed.

 

1. PRICE AND FUNDING ARRANGEMENTS.

 

1. Price.

 

Access to the Service requires prior and full payment of the Price by the Learner. Payment is made on the Website via Stripe, the payment service provider selected by the Website Operator, whose terms of use are available here.

 

Payments made are non-refundable, and the Training Provider will not grant any refund or credit if the Learner has not taken or has only partially taken the Training Course.

 

If the Training Provider is unable to duly debit the Price for any reason, the Learner’s access to the Service will be suspended until the Training Provider successfully collects the amount due through a valid payment method. The Learner remains liable for any unpaid amounts, and the Training Provider reserves all rights and remedies in this regard.

 

1. Funding.

 

The Price may be covered, in whole or in part, by Mon Compte Formation, a Skills Operator, or an employer with a partnership agreement with the Training Provider.

 

Funding by Mon Compte Formation, a Skills Operator, or an employer is processed in accordance with the procedure they have established. 

 

The Learner is hereby informed that, under Decree No. 2024-394 of 29 April 2024 concerning mandatory financial participation in training eligible under the Compte Personnel de Formation, the holder of a personal training account managed by Mon Compte Formation must contribute a fixed amount as provided for in Article R.6323 of the French Labour Code, subject to certain exceptions under Articles L.6323-7 and R.6323 (e.g., the holder is unemployed, the holder is an employee whose employer contributes additional funding, the holder uses points from their professional prevention account, or the holder is an employee with a permanent disability of 10% or more resulting from an occupational illness or accident).

 

1. Full funding.

 

Full funding of the Price means a firm and final commitment by Mon Compte Formation, a Skills Operator, or an employer to pay the entire Price on behalf of the designated Learner.

 

Full funding is deemed effective once the Training Provider receives written confirmation from Mon Compte Formation, the Skills Operator, or the employer of their firm and final commitment to pay the full Price for the designated Learner. In the absence of such confirmation, access to the Service will not be granted to the Learner.

 

1. Partial funding.

 

Partial funding of the Price means a firm and final commitment by Mon Compte Formation, a Skills Operator, or an employer to pay part of the Price on behalf of the designated Learner.

 

Partial funding is deemed effective once the Training Provider receives written confirmation from Mon Compte Formation, the Skills Operator, or the employer of their firm and final commitment to pay part of the Price for the designated Learner. The amount of partial funding must be specified in euros, inclusive of all taxes.

 

It is the Learner’s responsibility to pay the remaining balance of the Price. In the absence of such payment, access to the Service will not be granted to the Learner.

 

1. Cancellation of funding.

 

Any cancellation, in whole or in part, of the funding of the Price by Mon Compte Formation, a Skills Operator, or the employer—regardless of the reason, including the Learner’s failure to comply with their obligations under the General Terms and/or Applicable Regulations—will be borne by the Learner.

 

In such cases, the Learner will be liable, upon first request by the Training Provider, for the amount of the Price no longer covered, as well as for any costs and potential damages resulting from such cancellation. 

 

1. OBLIGATIONS OF THE TRAINING PROVIDER.

 

The Training Provider undertakes, under a best-efforts obligation, to provide access to the Service in accordance with the General Terms and Applicable Regulations, and to act with diligence and competence, making all reasonable efforts to remedy any malfunction brought to its attention.

 

The Training Provider will send the Learner information relating to their Account (for example, payment authorisations, invoices, password or payment method changes, confirmation messages, notifications of any changes) exclusively by electronic means, such as emails sent to the address provided by the Learner when subscribing.

 

For the proper management of the Website, the Training Provider may, at any time:

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• make modifications to the Website;

• suspend, interrupt, or limit access to all or part of the Website, or restrict access to certain sections;

• delete any information that may disrupt its operation or contravene Applicable Regulations and/or these General Terms;

• suspend access to the Website to carry out updates or maintenance operations.

 

The Training Provider cannot be held responsible for obligations that fall within the scope of the Website Operator, such as obligations relating to the security and processing of personal data and the proper technical functioning of the Website.

 

1. OBLIGATIONS OF THE LEARNER.

 

The Learner undertakes to comply with these General Terms and with the Applicable Regulations.

 

In general, and without limitation, the Learner agrees to: 

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• Pay the full Price before accessing the Service;

• Use the Service strictly for personal and private purposes;

• Provide accurate, complete, and truthful information through the registration form, and to update such information regularly via their Learner Account;

• Be available at the times they have selected for any videoconference or telephone call conducted as part of the Training;

• Comply with basic rules of politeness, respect, courtesy, and goodwill during live Training sessions (videoconferences or exchanges);

• Fulfil any attendance requirements imposed by Mon Compte Formation, the Skills Operator, or the Learner’s employer in the event they are covering the Price;

• Not download, reproduce, record, capture, and/or copy, by any means, the content of the Website, the Training Courses, or the Content provided;

• Not interfere with or disrupt the Website, the servers, or fail to comply with the required conditions, procedures, general rules, or Applicable Regulations.

 

If the Training Provider’s liability is engaged due to the Learner’s breach of their obligations under the Applicable Regulations or these General Terms, the Learner agrees to indemnify and hold the Training Provider harmless from any judgment against it resulting from the Learner’s breach, as well as to reimburse all related costs and damages incurred.

 

1. GUARANTEES.

 

The Training Provider guarantees the Learner, in accordance with the legal provisions set out below, against any hidden defects or lack of conformity in the Training Courses, excluding any negligence or fault attributable to the Learner.

 

1. Legal warranty against hidden defects.

 

In accordance with the provisions of the French Civil Code, the Training Provider is liable for hidden defects in the Training Courses for a period of two (2) years from the date of sale.

 

The legal warranty against hidden defects is provided for under Articles 1641 et seq. of the French Civil Code, some of which are reproduced below.

 

When exercising this warranty, the Learner may either terminate the Training and obtain a refund of the Price personally paid, or continue the Training while requesting a Price reduction.

 

Article 1641 of the French Civil Code:

 

“The seller is bound to a warranty on account of the hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have paid a lower price for it, if they had known of them.”

 

Article 1648 paragraph 1 of the French Civil Code:

 

“The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.”

 

1. Legal warranty of conformity.

 

In accordance with Articles L.217-3 et seq. of the French Consumer Code, the Training Provider delivers a Training Course that meets the Learner’s reasonable expectations and is liable for any lack of conformity existing at the time of delivery, which appears within two years thereafter.

 

When exercising this warranty, the Learner may either terminate the Training and obtain a refund of the Price paid, or continue the Training while requesting a Price reduction.

 

Article L.217-3 of the French Consumer Code:

 

“The seller shall deliver goods in conformity with the contract and with the criteria set forth in Article L.217-5.

 

The seller shall be liable for any lack of conformity existing at the time of delivery, within the meaning of Article L.216-1, that appears within two years from delivery.

 

In the case of a contract for the sale of goods containing digital elements:

 

1° Where the contract provides for the continuous supply of digital content or services for a period of two years or less, or where the contract does not specify the duration of supply, the seller shall be liable for any lack of conformity in such digital content or services that appears within two years from delivery;

 

2° Where the contract provides for the continuous supply of digital content or services for more than two years, the seller shall be liable for any lack of conformity that appears during the period of supply under the contract.

 

For such goods, the applicable time limit does not affect the consumer’s right to updates in accordance with Article L.217-19.

 

The seller shall also be liable, for the same periods, for any lack of conformity resulting from the packaging, assembly instructions, or installation, where such installation is provided for under the contract or performed under the seller’s responsibility, or where incorrect installation by the consumer (as provided for in the contract) is due to shortcomings or errors in the instructions supplied by the seller.

 

This warranty period applies without prejudice to Articles 2224 et seq. of the French Civil Code. The limitation period for the consumer’s action starts from the day the consumer becomes aware of the lack of conformity.”

 

1. WITHDRAWAL PERIOD.

 

As a general rule, any consumer who concludes a distance contract has a period of fourteen (14) days to exercise their right of withdrawal, allowing them to cancel the contract and obtain a full refund of any amounts paid.

 

However, in accordance with Article L.221-28 of the French Consumer Code, the Learner understands and agrees that they are not entitled to such a right of withdrawal once the performance of this Service contract begins before the expiry of the withdrawal period. Indeed, the Learner is granted immediate access to the Service upon payment of the Price.

 

By accepting these General Terms, the Learner (i) expressly gives their prior consent for the performance of the Service contract to begin before the end of the withdrawal period, and (ii) acknowledges that they thereby waive their right of withdrawal.

 

1. TERMINATION.

 

If the Learner breaches any of their obligations under these General Terms, the Training Provider may suspend their access to the Service until the Learner remedies the breach in question. In such a case, the Training Provider may terminate the Learner’s access to the Service after a period of fifteen (15) days from receipt of notification of the breach, if it remains unremedied, without prejudice to any damages to which the Training Provider may be entitled under these Terms.

 

In cases of urgency and/or serious breach by the Learner, the Training Provider may terminate the Contract and/or suspend the Service without notice, by simple email notification, including but not limited to cases of: (i) fraudulent use of the Service or use contrary to Applicable Regulations, (ii) failure to pay the Price in full, or (iii) serious potential harm to the interests of the Training Provider.

 

1. INTELLECTUAL PROPERTY.

 

All Content and elements of the Website are protected by intellectual property rights, are the exclusive property of the Training Provider and/or are licensed to the Training Provider, and may not be reproduced, used, distributed, or displayed without the prior written consent of the Training Provider, including for the creation of derivative works, under penalty of legal action.

 

In consideration of the Price, and subject to the Learner’s compliance with these General Terms, the Training Provider grants the Learner a non-exclusive, non-transferable, and non-sublicensable right to access and use the Website, all its components (including the Training Courses and Content), and related documentation, for the duration of the Access Period and worldwide.

 

The Learner may use the Website, Training Courses, and Content only for their intended purposes and for their strictly personal and private needs.

 

Any reproduction or representation of the Website, Training Courses, or Content for other purposes is permitted only with the prior, express, and written consent of the Training Provider.

 

In particular, the Learner is not authorised to download, copy, alter, modify, adapt, delete, distribute, transmit, broadcast, sell, lease, license, or otherwise exploit the Website, Training Courses, or Content, in whole or in part, in any manner whatsoever, without the prior, express, and written consent of the Training Provider.

 

Any other use of the Website, Training Courses, or Content constitutes infringement and is punishable under intellectual property law, unless expressly authorised in advance and in writing by the Training Provider.

 

1. PERSONAL DATA PROTECTION.

 

Use of the Website and the Service involves the processing of personal data by both the Training Provider and the Website Operator.

 

For more information on the processing of personal data, the Learner is invited to consult the Training Provider’s Privacy Policy, as well as the Website Operator’s Data Privacy Policy, available here.

 

1. AMENDMENTS TO THE GENERAL TERMS.

 

The Training Provider may unilaterally amend these General Terms at any time. The applicable version is the one available on the Website. By continuing to use the Service, the Learner is deemed to have accepted the amended General Terms.

 

1. FORCE MAJEURE.

 

Neither Party shall be held liable for the total or partial non-performance of its obligations caused by an event constituting force majeure under French law.

 

The Party invoking a force majeure event must inform the other Party within three (3) calendar days of the occurrence of such event. It shall make every effort to limit its impact.

 

Performance of this Contract shall resume as normal once the force majeure event has ceased. If the suspension of the Contract exceeds three (3) months, either Party may terminate this Contract by notifying the other Party by registered letter with acknowledgment of receipt.

 

1. MISCELLANEOUS PROVISIONS.

 

Subcontractors. The Training Provider may use subcontractors in the performance of its obligations under these General Terms.

 

Assignment. The Training Provider may assign this contract, as well as all rights and obligations arising hereunder, to any third party without the Learner’s prior written consent, including in the event of a transfer of a business unit, a merger resulting in the creation of a new company, a merger by absorption, a demerger, or any change of control affecting the Training Provider.

 

Contractual documents. These General Terms constitute the entire agreement between the Training Provider and the Learner regarding access to and use of the Website and the Service offered, and supersede any prior agreement with the same purpose that may have been concluded between the Learner and the Training Provider.

 

Waiver. The fact that the Training Provider does not enforce any provision at a given time shall not be construed as a waiver of its right to enforce that provision at a later date or to claim compensation for any breach of that provision.

 

Severability. If any provision of these General Terms is found to be invalid, it shall be deemed unwritten, and the remaining provisions shall remain in full force and effect.

 

AMICABLE SETTLEMENT – MEDIATION – JURISDICTION.

 

Amicable settlement. Before initiating any legal action, the Parties shall make a good-faith effort to amicably resolve any disputes between them relating to the performance or non-performance of the Service, or to the validity, interpretation, performance, non-performance, interruption, termination, or cancellation of these General Terms, regardless of the cause or legal basis.

 

For this purpose, the Parties shall exchange a registered letter with acknowledgment of receipt describing the issue(s) encountered and the resulting requests. The Parties shall compare their positions and make all necessary findings to enable them to identify a resolution to the dispute.

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The Parties shall endeavour to reach an amicable agreement within thirty (30) days from the notification by either Party of the need for such an agreement. Except to preserve their right of action or to prevent imminent harm, no legal action may be initiated before this amicable settlement procedure has been completed.

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Mediation. If, at the end of the above-mentioned thirty (30) day period, no amicable agreement has been reached, the Parties may engage in a mediation attempt. This procedure is voluntary, and either Party may terminate it at any time.

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If mediation is initiated, the Parties agree to participate in good faith and to share the total cost of the mediation. The Training Provider shall bear a reasonable portion of this total cost, taking into account the validity of the arguments and the conduct of the Learner, provided that this amount shall not exceed half of the costs.

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The mediators selected by the Training Provider are:

 

Association des médiateurs indépendants d’Île-de-France
1 place de Fleurus – 77100 Meaux – Email: contact@amidif.com

 

Jurisdiction. Any dispute arising in connection with the performance or non-performance of the Service, or with the validity, interpretation, performance, non-performance, termination, or consequences of these General Terms, which cannot be resolved amicably, shall be submitted to the exclusive jurisdiction of the courts within the jurisdiction of the Paris Court of Appeal, including in summary proceedings, notwithstanding multiple defendants or third-party claims.