General Terms and Conditions of Sale and Use on the 14th of April, 2022

General Terms and Conditions of Sale and Use (GTCU) of the sites :

https://optimistra.com
https://michelwozniak.com
https://optimistra.net
https://tonybuzan.ch
https://expertise.land
https://www.moiaussijemaime.com
https://www.ilovemyselftoo.com
https://www.ialsolovemyself.com
https://yotambienmeamo.com

 

Last updated on April 14, 2022.

 

This document is written in French. It is the French version of this document that is authentic. Any translation into another language is given for information purposes only and is carried out by an automatic computer translation.

PREAMBLE

Any reference to the site optimistra.com in the following includes all other sites referenced on the first page of this document, which are satellite sites.

A) The General Terms and Conditions of Sale (hereinafter “GTC”) of Michel Wozniak Sàrl (represented by Michel Wozniak), consisting of both this Preamble and the clauses that follow it, are entered into between :

·      On the one hand Michel Wozniak Sàrl (represented by Michel Wozniak), publisher of training and coaching products and services, whose headquarters are located at Rue Marc Morand 21, 1920 Martigny VS in SWITZERLAND, hereinafter referred to as “the Seller”;

·      And on the other hand, any legal or natural person, individual or professional, private or public law, hereinafter referred to as the “Customer” or “Buyer”. The Customer refers here to a Consumer, a Non-professional or a professional. Nevertheless, only the Consumer and the Non-professional have the specific rights granted by the consumer law of their state of residence. On the contrary, when the Contracts are concluded on a professional basis, the Customer acknowledges that these rights will not be applicable to him.

The GTC express the entirety of the obligations of the parties. The Customer is deemed to accept them without reservation, failing which his order will not be validated. In case of doubt about any of the Terms and Conditions of Sale, the practices in force in the sector of distance selling by structures whose registered office is in Switzerland and the Consumer Code shall apply.

The Client declares that he/she has the legal capacity to contract. The Customer who purchases a training course assures us by accepting the present GTCU that he/she does not have any psychiatric history, in particular to do any dissociative work. Internet users not resident in Switzerland wishing to place an order via the Site must check whether the law applicable to them authorizes them to carry out this type of transaction. The existence of the Site cannot be qualified as an act of canvassing. The Contract concluded between the Customer and Michel Wozniak Sàrl is a Contract concluded at a distance, except when it is concluded during an event where Michel Wozniak is present.

No other contractual stipulation from documents sent or delivered by the Customer will be integrated into the present contract. Only the express acceptance of Michel Wozniak relating to any of these documents will be enforceable.

B) The purpose of the General Terms of Use (hereinafter the “GTU”) is to define the rights and obligations of the parties in the context of the use of the Site by the Customer. The General Terms of Use complete the General Terms of Sale and express the entirety of the obligations of the parties. In this sense, the User is deemed to accept them without reservation.

These Terms of Use and Sale constitute a Contract governing the relationship between Michel Wozniak Sàrl and the Customer. These clauses are intended to define the terms and conditions under which Michel Wozniak Sàrl provides the service to the Customer. They supersede all previous provisions not expressly referred to or attached and constitute the entire rights and obligations of Michel Wozniak Sàrl and the Customer. If ever one or more provisions of these Terms of Use and Sale were declared void pursuant to a legislative or regulatory provision or following a final decision of a competent court, the other provisions remain applicable. Moreover, the fact that a Party does not invoke a breach by the other Party of any of the provisions hereof shall not be construed as a waiver on its part to invoke such a breach in the future.

These General Terms and Conditions of Use and Sale comply with Swiss law as well as with the new European regulations on the protection of personal data.

 

1.DEFINITIONS

GENERAL CONDITIONS: Refers to this document.

CUSTOMER: the Customer is the person or entity that has placed an order either through the optimistra.com website or by phone or during an event where Michel Wozniak is present.

CONSUMER: any natural person who acts for purposes that do not fall within the scope of his or her commercial, industrial, craft or liberal activity.

CONTENT: Refers to the message (written, audio, video) delivered to a recipient.

CONTRACT: The present General Terms and Conditions, as well as any specific conditions mentioned on the Registration Form and any Special Terms and Conditions established between the parties.

REGISTRATION FORM: the online form through which the Customer can subscribe a new service with Michel Wozniak Sàrl.

NEWSLETTER : Or InfoLettre. It is a message sent periodically, indicating news about Michel Wozniak Sàrl, its partners, as well as useful contents.

NON-PROFESSIONAL: Legal entities that act for purposes that are not part of their commercial, industrial, artisanal, liberal or agricultural activity may be considered as non-professionals.

 

PureNLP : Training organization delivering trainings led by Richard Bandler, John La Valle and Kathleen La Valle among others.

 

SNLP: Society of NLP (Neuro Linguistic Programming): This is the society in charge of the regulation of the NLP approach for Richard Bandler.

2.SUBJECT

The purpose of these GTC is to determine the conditions under which any act of purchase of one or more products presented on the Site and defined below and any act of registration for a seminar presented on the Site (hereinafter “the services”) is carried out.

The optimistra.com website aims at training and disseminating the fields of NLP (Neuro-Linguistic Programming) and strategic thinking.

The list and description of goods and services offered by Michel Wozniak Sàrl can be found on the above-mentioned sites.

3.SITE ACCESS AND NAVIGATION

The publisher implements the technical solutions at its disposal to allow access to the site 24 hours a day, 7 days a week. Nevertheless, the publisher may at any time suspend, limit or interrupt access to the site or to certain pages of the site in order to proceed with updates, modifications of its Content or any other action deemed necessary for the proper functioning of the site.

Connecting to and browsing the optimistra.com website implies unreserved acceptance of these Terms of Use, regardless of the technical means of access and the terminals used.

These TOS apply, as necessary, to any variation or extension of the site on existing or future social networks and/or community.

4.SITE MANAGEMENT

For the good management of the site, the editor will be able at any time :

·      suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, to a specific category of Internet user;

·      delete any information that may disrupt the operation of the site or violate national or international laws or netiquette rules;

·      suspend the site in order to make updates.

5.SERVICES FOR REGISTERED USERS ONLY

5.1. REGISTRATION

Access to certain services, and in particular to all paid services, is conditional on the user’s registration.

Registration and access to the services of the site are reserved exclusively for individuals who are legally capable of doing so, having completed and validated the Registration Form available online on the optimistra.com site, as well as the present Terms of Use.

When registering, the user agrees to provide accurate, sincere and up-to-date information on his person and his civil status. The user will also have to proceed to a regular verification of the data concerning him/her in order to keep it accurate.

The user must therefore provide a valid e-mail address, to which the site will send him/her a confirmation of his/her registration to its services. An e-mail address cannot be used more than once to register for services.

Any communication made by optimistra.com and its partners is consequently deemed to have been received and read by the user. The user therefore undertakes to consult regularly the messages received on this e-mail address and to reply within a reasonable time if necessary.

Only one registration to the services of the site is allowed per individual.

The user is given an identifier allowing him/her to access a space reserved for him/her (hereinafter “Personal Space”), in addition to entering his/her password.

The login is definitive, but the password can be changed online by the user in his personal space. The password is personal and confidential, the user agrees not to communicate it to third parties.

optimistra.com reserves the right to refuse a request for registration to the services in the event of non-compliance by the User with the provisions of these General Terms of Use.

5.2. UNSUBSCRIBE

The regularly registered user may at any time request to unsubscribe by going to the dedicated page in his or her Personal Area. Any deregistration from the site will be effective immediately after the user has completed the form provided for this purpose. The user will not be able to claim any refund of the sums received or due to give him access to his personal space, apart from the right of withdrawal stated in this document and in the privacy policy available by clicking on this link: https://optimistra.com/pc

6.ORDERING PRODUCTS AND REGISTERING FOR SERVICES

6.1. GENERAL

The Customer can place an order or register for services via the Site, by phone or at events where Michel Wozniak is present.

Through the site, the seller provides the Customer with a catalog or an online store presenting the products sold accurately, without the photographs having any contractual value. The products are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the responsibility of the salesman could not be committed of this fact.

The products are offered within the limits of available stocks.

The prices and taxes related to the sale of products are specified in the catalog or online store.

6.2. OBLIGATIONS OF THE CLIENT

The Customer acknowledges that he/she has received the necessary advice and information to ensure that the offer is suitable for his/her needs. The Customer declares that he/she is legally capable of contracting under Swiss law or that he/she can validly represent the natural or legal person for whom he/she is contracting. Unless proven otherwise, the information recorded by the seller constitutes proof of all transactions.

The salesperson works as a trainer, coach, consultant, individual and group coach, and is not subject to any specific professional rules.

6.3. ORDERING PRODUCTS AND REGISTERING FOR SERVICES THROUGH THE SITE

Via the Site, the Customer will be able to place an order once he has opened an account. The Customer will have to identify himself beforehand by declaring his coordinates and once identified, he will be able to reconnect using an identifier composed of his email address and a password which will be generated automatically. He will be able to change the password as he wishes. This password is strictly personal and must be kept confidential. The Customer expressly acknowledges that the entry of his email address and his password is worth identification. Michel Wozniak Sàrl is committed to the processing of these data in compliance with the regulations in force concerning the right of personal data.

Any order or purchase via the website implicitly registers the customer in the mailing list of customers, partners and in the Newsletter. The customer can, according to the law, stop any new sending by clicking on the unsubscribe link at the bottom of each message. By purchasing a product from Michel Wozniak Sàrl, the customer indicates his interest in information and news offered by Michel Wozniak Sàrl and its selected partners through its Newsletter and specific communications to members of a given training.

6.4. FORMATION OF THE CONTRACT

The Contract is validly formed when the Customer clicks on the link “Place the order” or any equivalent link at the bottom of the page summarizing the order. The Customer will then receive an e-mail confirming his order and will be able to consult the GTC in force at the time of the order at the following address: https://optimistra.com/cgv

7.THE TARIFF CONDITIONS

7.1. CURRENCY – VAT – OTHER TAXES

The prices indicated on the Site are in Swiss francs (CHF) (excluding taxes and including all taxes) and do not take into account the delivery costs, which are invoiced in supplement, for the Consumers and Non-professionals. The delivery costs are indicated before validation of the order by the Customer.

The prices take into account the taxes applicable on the day of the order and any change in the rate of these taxes will be automatically reflected in the price of the products in the catalog or the online store. If one or more taxes or contributions, including environmental, were to be created or modified, up or down, this change may be reflected in the selling price of products.

The total amount of the order (all taxes included) and delivery costs included, is indicated before final validation of the order form.

Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They shall be borne by the Buyer and are the Buyer’s responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects with the corresponding local authorities.

The telecommunication costs necessary for access to the Seller’s websites are to be paid by the Customer.

Michel Wozniak Sàrl is exempt from VAT.

7.2. RATE CHANGES

Michel Wozniak Sàrl may change the prices of its products and services at any time. However, the changes will not apply to previous Contracts validly formed as a result of the order of products or registration for services.

8.ONLINE ORDERING

The Customer has the possibility to fill in an order form online, by means of an electronic form. By filling in the electronic form, the Customer accepts the price and the description of the products.

The Customer will have to accept by clicking in the indicated place, the present general conditions of sale, so that his order is validated.

The Customer shall provide a valid e-mail address and postal address and acknowledges by these General Terms and Conditions of Sale that any exchange with the seller may be made through this address.

The Customer will also have to choose the delivery method (for physical products) and validate the payment method.

The Seller reserves the right to block the Customer’s order in case of non-payment, wrong address or any other problem on the Customer’s account and this, until the problem is resolved. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

9.CONFIRMATION AND PAYMENT OF THE ORDER

It can be an order with payment obligation (which means that the placing of the order implies a payment of the Customer) or any other case (service, payment in several times, …).

9.1. PAYMENT OF AN ORDER

The Customer makes the payment at the time of the final validation of the order by specifying his credit card number, including for pre-ordered products, or by bank transfer, according to the mode proposed and the mode chosen.

The Customer guarantees to the seller that he has the necessary authorizations to use this method of payment and acknowledges that the information given to this effect is proof of his consent to the sale as well as to the due date of the sums owed under the order, including for payments in installments.

In case of dispute or fraudulent use of the bank card without physical use of the bank card (use of the bank card number), any person may dispute within 70 days from the date of the transaction by sending a claim in the following manner, so that the seller will bear the costs of the sale and return the disputed amount by email to: [email protected]

Any dispute not made in the rules defined above and within the time limits could not be taken into account and will release the seller from any responsibility.

The seller has set up a procedure for verifying orders and means of payment in order to reasonably guarantee against any fraudulent use of a means of payment, including by asking the Customer for identification data.

In case of refusal of authorization of payment by credit card from the accredited organizations or in case of non-payment, the seller reserves the right to suspend or cancel the order and its delivery.

The seller also reserves the right to refuse an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is pending.

9.2. METHOD OF PAYMENT

All payment methods available to the Customer are listed on the seller’s website. The Customer guarantees to the seller that he has the necessary authorizations to use the method of payment chosen by him, when placing the order.

9.3. CONFIRMATION OF AN ORDER

Upon receipt of the validation of the purchase and the payment by the Customer, the seller will send to the Customer, on the e-mail address that he has specified, confirmation of the receipt of his order.

The Seller is obliged to send an invoice to the Customer upon delivery or upon request of the Customer.

The Customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to the Customer Service Department (see contact details below) before delivery.

In case of unavailability of a product, the seller will inform the Customer by e-mail as soon as possible in order to cancel the order of this product and refund the related price, the rest of the order remaining firm and definitive. In case of unavailability of an ordered product, the Customer will be informed by e-mail.

For any question relating to the follow-up of an order, the Customer can contact the Customer service at the following coordinates: By email, at the following address: [email protected]

9.4. DEADLINE

The payment deadline is the day before the first day of performance or the day the goods are shipped.

In case of late payment, a penalty of 15% of the total amount of the invoice, per month of delay, is due without reminder on the day following the payment deadline.

For any professional, in addition to the late payment penalties, any sum, including the deposit, not paid on its due date will automatically give rise to the payment of a fixed penalty of 40 Swiss francs due for collection costs. However, the indemnity does not apply if the debtor is in the process of safeguard, recovery or judicial liquidation proceedings. This lump sum is added to the late payment penalties, but is not included in the basis for calculating the penalties.

Penalties are payable without the need for a reminder: sending a registered letter is not required to trigger the right to collect late payment penalties.

If the collection costs actually incurred are higher than this lump sum, in particular in the case of recourse to a firm in charge of reminders and formal notices, additional compensation may be requested from the customer upon justification.

As for late payment penalties, the indemnity is due the day after the due date and is not subject to VAT.

The compensation is due in full even in case of partial payment of the invoice on the due date, regardless of the length of the delay (it is not due for each day of delay).

When an installment payment is planned (monthly over a year for example), at the first occurrence of non-payment of the due date (one month late on the payment of the said due date or non-cashable check), the Customer accepts without reserve that his request for installment be rendered null and void and that a collection procedure be immediately initiated against him.

10.   PROOF OF TRANSACTION

The online provision of the buyer’s credit card number and the final validation of the order are proof of the customer’s agreement, of the payability of the sums due under the purchase order, signature and express acceptance of all operations carried out.

Communications, orders and payments between the Customer and the seller can be proven thanks to computerized registers, kept in the computer systems of the seller in reasonable security conditions. The order forms and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.

11.   RETENTION OF TITLE CLAUSE

The products remain the property of the Seller until full payment of the price. For services and intangible products, intellectual property and any right to copy are strictly reserved for Michel Wozniak Sàrl. None of these rights will be transferred in any way.

12.   PROVISION OF PRODUCTS – SERVICE

12.1.   GENERAL

As a general rule, the products offered for sale on the Site are made available to the Customer after full payment and exclusively in digital format. The Customer receives an individual code allowing him/her to access a secure platform where he/she can view and/or listen to the products online and, in some cases, download them. The Customer must check before ordering whether his computer system has the capacity to access the products online.

To assist the Customer after the acquisition of the product, Michel Wozniak Sàrl provides a toll-free number +41 78 760 25 50. The Customer can also send an email to Michel Wozniak Sàrl customer service at [email protected].

The online training courses purchased on optimistra.com are strictly personal and it is forbidden to share the login and password with any third party.

Michel Wozniak Sàrl tracks user connections through IP addresses and any concurrent connection (at the same time) through two different IP addresses will result in the suspension of the user account, without refund.

12.2.   INDEFINITE SUBSCRIPTION

In the case of products offered in the form of an open-ended subscription, a link allowing access to the products online on a secure platform will be sent to the Customer once to the e-mail address indicated by the Customer at the time of ordering, provided that the monthly instalments agreed in the Contract have been paid. This link remains valid as long as the subscription is active.

12.3.   BOOKS, CERTIFICATES AND OTHER PRODUCTS

For books, training certificates or other products requiring a postal shipment, these are delivered to the address indicated by the Customer on the online order form. Any mail or parcel returned to the seller because of an erroneous or incomplete delivery address will be reshipped at the Customer’s expense. Except in case of force majeure, the delivery intervenes, according to the mode chosen by the Customer, within the following times: Standard delivery: 6 to 8 days after the book / certificate / other product is physically available in stock.

In the event of a delay in delivery, the seller will inform the Customer, who may terminate the Contract and request a refund within 14 days of such termination. The total refund of the product and delivery costs, or reshipment if applicable, shall then be made. This denunciation of the Contract must be addressed according to the following methods: By email, to the address: [email protected]

Any denunciation not carried out in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the Customer.

If at the time of delivery, the original packaging is damaged, torn, opened, the Customer must then check the condition of the products. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery note. The Customer must indicate on the delivery form, and in handwritten form, any anomaly concerning the delivery.

The verification of the products is considered to have been carried out as soon as the Customer, or a person authorized by him, has signed the delivery note.

Any reservation not made in the rules defined above and within the time limits could not be taken into account and will release the seller from any responsibility towards the customer.

Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the customer.

12.4.   DELIVERY ERROR

In case of error of delivery and/or non-conformity of the products compared to the indications appearing on the purchase order, the Customer formulates his complaint near the salesman the same day of the delivery or at the latest the first wrought day following the delivery.

The claim may be made in the following ways:

By email, to the address: [email protected]

Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the Customer.

12.5.   ORDER RETURN

The product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, according to the following procedures:

Product returned by mail within 14 days from the date of delivery of the order, to the following address Michel Wozniak Sàrl, rue Marc Morand 21, 1920 Martigny VS, Switzerland.

Any claim or return not made in the rules defined above and within the time limits could not be taken into account and will release the seller from any responsibility towards the Customer. The return costs are at the expense of the Customer.

13.   ONLINE GROUP TUTORING

The group tutoring sessions offered online are recorded to be integrated as a resource in the course. If the Client does not wish to appear in the recording, the Client can either deactivate the webcam, or use only the text chat, or watch the replay. No complaint or request for masking can be taken into account. If he activates his webcam or sound, the Customer accepts without reservation the transfer of his image rights for an indefinite period to Michel Wozniak Sàrl for the above-mentioned use.

This service is a complementary service offered by Michel Wozniak Sàrl according to the needs and availability of Michel Wozniak.

14.   DISCUSSION FORUMS

The purpose of the forums on optimistra.com and its satellite sites is to motivate and help all Customers. The positive and energizing attitude is the basis of such a community. The seller reserves the right to cut off access to the community to anyone who violates this rule. This removal will not be grounds for a refund in any way.

15.   INDIVIDUAL SESSIONS, GROUP SESSIONS, COACHING

The Client acknowledges that the Vendor offers individual or group coaching sessions, using the coaching approaches commonly used in Switzerland, as well as FasterEFT (Eutaptics) and NLP (NLP). These approaches are not therapies and should not be considered as such by the Client. The Customer recognizes the obligation of means of the salesman, and not the obligation of result, the result being fully conditioned by the personal investment of the customer. No claim as to the result can be submitted to the seller. The objective of Michel Wozniak Sàrl is to democratize NLP and strategic thinking.

The Customer acknowledges and fully understands that the Vendor is not a physician, psychologist or psychotherapist. The Customer acknowledges that he/she is not seeking a diagnosis, treatment or medical therapeutic procedure. The Customer acknowledges that any current medical treatment must be scrupulously followed. The Customer acknowledges that he/she alone is responsible for the use of the techniques seen during the session, and thus unconditionally releases the vendor from any liability. The Customer accepts without reservation that any appointment not cancelled at least 48 hours in advance remains fully due.

16.   RIGHT OF REVOCATION

The right of revocation does not exist in the case of a Distance Selling Contract for the delivery of digital data or computer software if the delivery is made by means of a download and for the delivery of validation codes for digital data, software or digital services if the visual protection of the validation code was removed after delivery or if the validation code was transmitted by download or e-mail.

For intangible products, the Customer expressly and unconditionally waives his legal right of revocation of 14 days and authorizes the execution of the Contract immediately after the sale.

On the other hand, the seller offers an exceptional revocation period of 1 month for its online training products and online workshops, on the express condition that the total duration of the videos that the customer has accessed, even partially, does not exceed 10% of the total time of the videos of said online training or said online workshop. Beyond that, this exceptional withdrawal period will be considered null and void and no further withdrawal will be possible.

The Consumer or Non-Professional Customer may exercise this right via a letter of revocation for physical goods, via an email clearly expressing his or her desire to withdraw to [email protected].

Michel Wozniak Sàrl will acknowledge receipt of the exercise of the right of revocation, by sending an email to the address indicated by the Customer. Michel Wozniak Sàrl undertakes to refund the price corresponding to the products or services in credit, unless the Customer expressly objects to this method of reimbursement at the time of exercising his right of withdrawal.  The refund will be made within a maximum of 30 calendar days after Michel Wozniak Sàrl became aware of the Customer’s desire to withdraw.

17.   CONTRACTUAL SATISFACTION GUARANTEE – REFUND CONDITIONS

The seller is responsible for the conformity of the products to the Contract. The Customer is informed that the Seller is not the producer of all the products presented.

17.1.   GUARANTEE OF CONFORMITY

The Customer has a period of 2 years from the delivery of the product to implement the legal guarantee of conformity.

As such, he can choose between repair or replacement of the good.

The Customer is not required to prove the existence of a defect in conformity within 6 months of the date of delivery of the product.

17.2.   COMMERCIAL GUARANTEE

The seller offers the Customer a commercial guarantee covering the conformity of the products and ensuring, in case of non-conformity, the reimbursement of the purchase price, the replacement or the repair of the product, for the following duration: 6 months.

This warranty does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.

17.3.   REIMBURSEMENT CONDITIONS FOR SEMINARS, WORKSHOPS AND FACE-TO-FACE TRAINING

As a general rule, refunds of seminar registrations are available only in the following two cases:

·      Cancellation is requested more than 7 days before the beginning of the training, in this case, the refund will be granted, except for a fixed amount of 20% of the total amount which will not be refunded.

·      Cancellation is requested 7 days or less before the beginning of the training, in this case, the refund will not be granted, except in cases of force majeure described below (no-show).

·      In case of no-show, the Customer will not be able to ask for a refund, unless he/she can prove a case of force majeure (judged as such with the help of a hospitalization certificate). In this case, the refund will take the form of a credit note for the full amount, valid for 12 months.

In the case of dismissal for disciplinary reasons, no refund will be given, regardless of the length of training already completed.

In the event that the client chooses to stop participating (either voluntarily or by dismissal), he/she will return (prior to departure) his/her badge, any material goods and any documentation received during the seminar.

Some special offers are proposed by the Seller (explicitly indicated as “NON-REFUNDABLE”), in which if the customer accepts that his order of training/service is unconditionally non-refundable (but transferable to any other training/service in case of impossibility of participation), the Seller grants in exchange an exceptional discount. In this case, the Customer will not be able to request a refund in any way, but will be able to participate in another training course at the same price. If the new course is more expensive than the one purchased, the customer will pay the difference at the time of the new order. If the new course is less expensive than the one purchased, the remaining credit may be used by the customer to purchase another service from the Vendor.

17.4.   SPECIAL CASES

In some particular cases, Michel Wozniak Sàrl offers a satisfaction guarantee for some Products or services. This guarantee is indicated on the page of the Site presenting the Product or the service concerned. When such a satisfaction guarantee is indicated, the Customer may contact Michel Wozniak Sàrl at [email protected] to request a refund.

Personal accompaniments are expressly excluded from the satisfaction guarantee.

17.5.   MODIFICATION OF THE REGISTRATION TO A SEMINAR

Changes to seminar registration are only possible in the following cases:

·      the customer requests to postpone the seminar registration to a later date due to the impossibility of attending the seminar on the originally agreed dates, at least eight weeks before the seminar starts. Only one postponement per seminar is possible and registrations with a discount voucher cannot be postponed.

·      the customer requests to transfer the registration to another person. Changes to registrations will incur an administration fee of CHF 50 if the request is made more than six weeks before the start of the seminar, and CHF 100 if the request is made less than six weeks before the start of the seminar. No changes can be made less than two weeks before the start of the seminar.

17.6.   CANCELLATION OF PRODUCTS AND SERVICES OFFERED IN THE FORM OF A SUBSCRIPTION

The Customer who orders products and services offered in the form of a monthly subscription for an indefinite period of time, may at any time terminate this subscription by giving one month’s notice by sending an e-mail to the address [email protected].

The possibility of terminating the Contract during its execution does not apply to other products and services payable in installments.

17.7.   CASE OF E-BOOKS AND BOOKS

Since books and e-books can be retrieved in one go, accessing the page allowing the download of the file(s) in question renders the guarantee period and the possibility of a refund null and void.

18.   DATA PROTECTION

The Customer has the right to question, access, modify, oppose and rectify his personal data.

By agreeing to these Terms and Conditions, the Customer agrees that Michel Wozniak Sàrl may collect and use such data for the performance of this Agreement.

The Customer can unsubscribe at any time. To do so, he just has to click on the link at the end of Michel Wozniak Sàrl’s emails or to contact the person in charge of the treatment (the Seller) by registered letter with acknowledgment of receipt.

Michel Wozniak Sàrl carries out on all its sites a follow-up of the frequentation. For this, Michel Wozniak Sàrl uses tools such as Google Analytics.

The seller shall keep in its computer systems and under reasonable security conditions a proof of the transaction including the order form and the invoice. The seller guarantees its Customer the protection of the latter’s personal data.

For more information, please see the privacy policy on this site.

19.   HYPERLINKS

The site may contain hypertext links to other websites over which optimistra.com has no control. In spite of the preliminary and regular checks carried out by the editor, the latter declines any responsibility as for the Contents which it is possible to find on these sites.

The editor authorizes the setting up of hypertext links to any page or document of his site provided that the setting up of these links is not carried out for commercial or advertising purposes.

In addition, the prior information of the editor of the site is necessary before any hypertext link is set up.

Are excluded from this authorization the sites diffusing information with illicit, violent, polemical, pornographic, xenophobe character or being able to attack the sensitivity of the greatest number.

Finally, optimistra.com reserves the right to remove at any time a hyperlink pointing to its site, if the site considers it not in accordance with its editorial policy.

20.   INTELLECTUAL PROPERTY

The books, films and other works presented on the Site (hereinafter “the products”) (with the exception of partner training) are published by Michel Wozniak Sàrl, sole owner of the exploitation rights of these works, including in particular all intellectual property rights.

The products on sale on the Site are exclusively delivered in electronic form and can be viewed and/or listened to on a secure platform accessible via an individual code that will be sent to the Customer.

The graphic presentation of the products on the Site is purely illustrative. Their presentation may therefore be modified during delivery, availability or downloading.

The structure of the site but also the texts, graphics, images, photographs, sounds, videos and computer applications that make it up are the property of the publisher and are protected as such by the laws in force under intellectual property. The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller.

Any representation, reproduction, adaptation or partial or total exploitation of the Contents, trademarks and services proposed by the site, by any process whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited and would be likely to constitute an infringement. And this, with the exception of the elements expressly designated as free of rights on the site.

Access to the site does not constitute recognition of a right and, in general, does not confer any intellectual property right relating to any element of the site, which remain the exclusive property of the publisher.

The user is prohibited from introducing data to the site that would change or be likely to change the Content or appearance.

21.   RESPONSIBILITY

Michel Wozniak Sàrl is responsible for the proper execution of the order, if necessary within the limits of available stocks.

However, any poor performance or non-performance due to a cause attributable to the Customer (including obsolete or undersized computer system), a case of force majeure or an unforeseeable and insurmountable act of a third party to the Contract may exempt Michel Wozniak Sàrl in whole or in part of its responsibility.

Are considered as cases of force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by the latter, despite all reasonably possible efforts, defined as such by the Swiss jurisprudence and in particular, the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, and the stoppage of telecommunication networks

If the force majeure event lasts longer than three months, these Terms and Conditions may be terminated by the injured party.

The publisher is only responsible for the Content that he has edited himself.

Also, the publisher is not responsible:

·      in case of technical or computer problems or failures or compatibility of the site with any hardware or software;

·      direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use or difficulties in using the site or its services;

·      the intrinsic characteristics of the Internet, in particular those relating to the unreliability and lack of security of the information circulating on it;

·      illicit Content or activities using its site without its due knowledge.

Furthermore, the site cannot guarantee the accuracy, completeness and timeliness of the information provided.

The user is responsible for: – the protection of his equipment and data; – the use he makes of the site or its services; – if he does not respect either the letter or the spirit of the present GCU.

A clause limiting the liability of the Seller is stipulated according to the regulations in force for Swiss Associations.

22.   SUSPENSION – TERMINATION OF ACCOUNT BY MICHEL WOZNIAK Sàrl

Michel Wozniak Sàrl reserves the right to suspend or terminate the account of a Customer who would violate the provisions of the GTC, or in general to the applicable legal provisions, without prejudice to any damages that Michel Wozniak Sàrl could seek. Any person whose account has been suspended or closed will not be able to order subsequently or create a new account on the Site, without the prior authorization of Michel Wozniak Sàrl.

23.   ARCHIVING – EVIDENCE

Michel Wozniak Sàrl correspondence address is [email protected]

The computerized records of Michel Wozniak Sàrl, kept in reasonable conditions of security, will be considered by the parties as valid evidence of communications, orders, payments and transactions between the parties.

The filing of the purchase orders, the confirmations of the orders and the invoices is carried out on a faithful and durable support so as to correspond to a reliable copy.

The Customer will have access to the archived elements concerning him on simple request to [email protected].

24.   MISCELLANEOUS PROVISIONS

In general, the Customer and Michel Wozniak Sàrl expressly agree to the possibility of exchanging information via email.

The GTC may be amended by Michel Wozniak Sàrl at any time to incorporate, among other things, on the one hand, any change in law or jurisprudence applicable to electronic commerce and, on the other hand, any technical or technological developments improving the Site. If any of the provisions of these GTC were to be invalidated, it will be deemed unwritten but will not result in the invalidity of all contractual provisions.

The Customer will be informed of the nature of these modifications as soon as they are put online by e-mail or directly on the site.  The applicable GTCU are then those in force at the date of payment (or first payment in case of multiple payments).

Any tolerance or waiver by one of the Parties, in the application of all or part of the commitments made within the framework of these GTC, regardless of their frequency and duration, shall not constitute a modification of the GTC, nor generate any right whatsoever.

25.   COMMISSIONING

When the product or service explicitly states it, any person registered as an Affiliate and bringing new Customers to Michel Wozniak Sàrl (exclusively using its affiliate URL links) is entitled to receive a commission (generally 30% on online Content and 10% on face-to-face Content, defined on the affiliate space) on the first purchase made by each of these new Customers. Commissions are made available when two conditions are met: the service in question (workshop, training) is completed for the Customer, and the Customer’s payment is fully collected by Michel Wozniak Sàrl.

Persons who sign up for the Affiliate Program (such persons shall be referred to as “Affiliates”) agree to honestly and truthfully promote the products offered. The affiliate agrees without reservation to assume all responsibility for its promotional communication. Michel Wozniak Sàrl disclaims any responsibility for false or misleading communications made by affiliates. In case of proven misconduct, the affiliate agrees to assume its fault, and also to return to the seller the amount of affiliate commissions received during the 365 days preceding the fault in question.

26.   DISPUTE RESOLUTION

These GTC are subject to Swiss law. If the Customer is a Consumer or Non-professional, the application of Swiss law is without prejudice to the application of the mandatory consumer law provisions of the country in which the Consumer or Non-professional is domiciled.

In the event of a dispute, the Consumer or Non-professional Customer may opt for conventional mediation or any other alternative dispute resolution method, or apply to the competent courts of his State of residence. If the Customer is a professional, the exclusive jurisdiction is expressly attributed to the courts of Sion.

27.   CASE OF THE TRAININGS INTERPRETED BY MICHEL WOZNIAK Sàrl

In the case of foreign language events interpreted by Michel Wozniak (e.g. NLP trainings given by Richard Bandler, John La Valle and Kathleen La Valle), Michel Wozniak is not responsible for these trainings. Michel Wozniak only re-invoices the external trainer. The after-sales service is therefore that of the external trainer, and not that of Michel Wozniak. The customer is thus subject to the rules, GTC, contracts and licenses of the external organization in priority to the rules, GTC, contracts and licenses of Michel Wozniak.

If Michel Wozniak cannot provide the service for internal reasons, Michel Wozniak reserves the right to substitute it, at its sole discretion. No claims will be accepted. Michel Wozniak is committed to providing an equivalent level of translation quality.

The client accepts that the choice of the interpreter is not made on the basis of professional training in the field of interpreting, because the interpreting of themes such as NLP (NLP) is not learned in school. No claims can be made about the qualifications of the interpreter selected by Michel Wozniak.

The translation of training manuals and other written materials is not part of the mission of Michel Wozniak Sàrl, nor are the additional activities offered during or outside the training. Only the course, the practical work and exercises are subject to interpretation.

When equipment is provided to the client for listening to the translation (receivers, headphones, etc.), the client undertakes to take the utmost care of it, and must return it in perfect working order, in the same condition as when he received it. In case of damage to the equipment, the client will have to pay the sum of 100 CHF (Swiss francs) in compensation.

28.   CASE OF TRAININGS AND WORKSHOPS GIVEN BY MICHEL WOZNIAK Sàrl

In the case of training given or organized by Michel Wozniak Sàrl, if the trainer initially announced cannot provide the service for internal reasons, Michel Wozniak Sàrl reserves the right to substitute the trainer, at its sole discretion. No claim will be accepted. Michel Wozniak Sàrl is committed to providing a level of quality equivalent to the original speaker.

When a trainer is announced as the only speaker, he can nevertheless be assisted by other trainers approved by Michel Wozniak Sàrl (who will be able to lead one or more modules), but it is the announced trainer who will have the global management of the training cycle.

29.   CASE OF TRAINING AND WORKSHOPS SUBJECT TO A LICENSE AGREEMENT

Whether it is in the case of trainings given by Michel Wozniak Sàrl (NLP, Buzan, …), or given by a third party organization (SNLP, PureNLP, …), if the training in question is subject to a license agreement (such as the NLP trainings of Richard Bandler, SNLP, PureNLP, Buzan), it is up to the customer to inquire about the terms and conditions of the license agreement in question, by contacting directly the organization delivering the training. This is especially important for people who have already taken a training course (from a third party) in a field similar to the one taught by the organization delivering the training. No complaint can be received if the client fails to inquire about the compatibility of the license in question with his/her own personal and/or professional situation.

30.   CASE OF TRAINING PACKAGES

Some courses are sold in packs (the keyword Pack appears on the invoice). These packs offer a set of courses purchased together.

The customer acknowledges that the purchase of the pack commits him to the full payment of the invoice amount.

The purchase of a training package allows the customer to choose the date of participation in each training of the package. Withdrawal from a given training course will only be possible up to 10 days before the start of the course.

Whether the payment is made in one or more installments, the packs are non-refundable, but transferable. In the case of a transfer, the amounts consumed will correspond to the catalog rate of the training already consumed on the day of the transfer. The remainder will be available to the customer for other training courses at the catalog rate.

In the case of payment in installments, the minimum amount that must be paid 10 days before the beginning of a chosen session corresponds to the sum of the catalog fees of all the training courses already taken plus the catalog fee of the training course about to be taken.

The packs have a time limit ( two years) during which the customer can participate to the trainings listed in the pack (respecting the prerequisites). After this period, unless written waiver signed by Michel Wozniak Sàrl, the residual amount will be considered lost for the customer and he will be obliged to pay within 1 month after the expiration of two years.

31.   CERTIFICATION COURSES

In the case of certification training provided by Michel Wozniak Sàrl or by a third party trainer, the certificate is NOT guaranteed by the fact of registration to the training. The client will be evaluated on the basis of objective and subjective criteria such as knowledge of the subject, understanding of the subject, integration of the subject and its philosophy, attitude, behavior, among others. The evaluation is left to the discretion of Michel Wozniak Sàrl, or the third party trainer conducting the training. In case of not obtaining the certificate, the customer will be given some work tracks to be able to follow the training again (at his own expense). Quality being the keyword of Michel Wozniak Sàrl, no complaint will be taken into account regarding the evaluation criteria.

32.   ADDITIONAL COSTS FOR THE CUSTOMER

Apart from the training fees, all additional costs (transportation to the training location, accommodation, food, …) are fully charged to the client. No claim for compensation can be made for any of these costs (whether in the event of cancellation of the training by the organizer, cancellation of participation by the participant, postponement of the training, change of date of the training, voluntary departure from the training, …). These costs are entirely the responsibility of the client. The client may, if he wishes, take out insurance to cover this risk at his own expense.

33.   TRAINING COURSES SUBJECT TO AN APPLICATION FORM

In the case of training courses subject to a registration file (NLP Practitioner (NLP), NLP Master Practitioner (NLP), NLP Coach (NLP), Interpretation of Richard Bandler’s training, …), the registration is really considered validated after receipt by Michel Wozniak Sàrl of the registration file AND validation of it. The validation will be notified to the customer by email. The customer agrees not to make ANY expenditure (purchase of airfare or transportation, room reservation, …) before receiving the notification of validation of the application file (usually within a few days). No compensation can be claimed to Michel Wozniak Sàrl in case of non-validation of the registration. In case of non-validation, the amounts already collected by the seller will be fully refunded. The seller can not be held responsible for any bank charges levied by the customer’s bank on the amount paid by the customer.

The criteria for validation of the registration are both objective and subjective. They are related to the customer’s background, the nature of his answers in the registration file, and other elements of appreciation left to the sole discretion of Michel Wozniak Sàrl. No complaint can be received regarding these criteria. Michel Wozniak Sàrl is committed to not use any criteria in violation of human and women’s rights (no criteria of race, gender, appearance, political or religious choices, …). Michel Wozniak Sàrl will not have to justify its decision.

Any lie or attempt to conceal information deemed important by Michel Wozniak Sàrl in the registration file will be automatically sanctioned by a dismissal of the training, and no refund of the sums already received can be requested by the customer.

34.   RIGHT TO REFUSE REGISTRATION

The Vendor offers group training and activities. In these trainings and activities, Seller is responsible for ensuring a satisfactory experience for each participant. For this reason, Seller reserves the right to refuse registration to any person who may be disruptive to the group, and such behavior is implicitly grounds for dismissal, based on the criteria set forth above. Each participant has paid for their place and deserves to have the best experience, and it will not be tolerated that any individual disrupts the group experience. No claims will be entertained by the Vendor.

35.   CONTACT

Any questions regarding the General Terms and Conditions of Sale and Use of Michel Wozniak Sàrl can be addressed by writing to the email address below: [email protected]

OR

By sending a registered letter with acknowledgement of receipt to the following address

Michel Wozniak Sàrl

Rue Marc Morand 21

CH-1920 Martigny VS

Switzerland