General Terms and Conditions of Sale
ARTICLE 1 – SELLER IDENTIFICATION
VMPS CORPORATION
Type of company: Simplified Joint Stock Company
Registered office: 1 Rue Gambetta- 64000 PAU
Email: contact@profenpoche.com
Share capital: €54,310.5
SIRET: 809 744 907 0019, registered with the R.C.S. of PAU
Intra-community VAT number: FR04809744907
Email address: contact@profenpoche.com
ARTICLE 2 – DEFINITIONS
The following terms should be understood as follows, whether used in singular or
plural:
Access: refers to the process by which users access the Site and Services.
Application: refers to the LMS platform accessible via Access and which is edited and
maintained by the company Tralalère.
Client: refers to the legal entity or individual who has subscribed to one or more
Services on the Site and has the legal capacity to contract. The client will thus be a
teacher or one of the legal guardians of the child.
T&Cs: refers to these general terms and conditions of sale applicable to Clients
who have subscribed to all or part of Mathia’s Services.
Personal Space: refers to the portal that centralizes client data and subscribed
services.
Services: refers to the product as well as the services offered for free or for a fee,
by the Company and accessible via the Site https://mathia.education/en/home/
Site: refers to the website accessible via the URL https://mathia.education/en/home/
The Company: refers to VMPS CORPORATION, the seller.
User: refers to any individual browsing the Site and benefiting from Mathia’s Services.
ARTICLE 3 – IDENTIFICATION OF SERVICES
Users can view the essential characteristics of the Services and their prices on the
site https://mathia.education/en/home/
These are presented on this Site as completely as possible to the client, in accordance
with their right to information. However, errors may be present, which the Client
acknowledges and accepts.
The Services offered to the Client consist of:
Access to the Application :
On the Site, the Client can access the Application as a teacher or as a legal guardian.
They can subscribe to free offers and paid offers. (to be verified)
Access to the Application for a minor can only be allowed by an adult, having parental
authority or having been authorized by one of the holders of parental authority.
The adult allowing the minor to access the Application is aware of the risks associated
with browsing the Internet to which the latter is exposed and knows the precautions to
take.
Application Availability :
The company strives to ensure the availability of the Application and to make it
accessible 24 hours a day, 7 days a week, except in cases of force majeure, the
occurrence of any other unforeseeable event beyond the company’s control, or
interruptions for maintenance and updates necessary for the proper functioning of the
Application.
The company also strives to provide, as far as possible and on working days, an
efficient online customer support service, at all stages of the order as well as after
the sale. The company undertakes to respond to any request within a maximum period of 48
hours.
ARTICLE 4 – APPLICATION OF THE T&Cs
The purpose of these T&Cs is to define the rights and obligations of the seller and
the Client in the context of placing an order on the Site
https://mathia.education/en/home/
The client’s acceptance of the entirety of these T&Cs is essential for placing any
service order. To do this, the client will check an acceptance box for the T&Cs,
thus acknowledging having fully read them before accepting.
Unless proven otherwise, the information recorded by the seller constitutes proof of
all transactions, recognized by the Client who waives the right to contest them in the
event of a dispute, unless they provide evidence of a failure in the automatic
information recording systems.
The T&Cs apply to the relations between the seller and the Client (the parties) and
express the entirety of the parties’ obligations.
Acceptance of the T&Cs assumes that the Client has the necessary legal capacity;
the Client thus acknowledges having been sufficiently informed of their rights and
obligations.
The Company reserves the right to unilaterally and without prior notice refuse access
to the Site to any Client who does not comply with the T&Cs and to take any measures
it deems appropriate in the event of non-compliance with said T&Cs.
It also reserves the right to occasionally modify the T&Cs. However, the client
will be informed of any significant changes, especially if they affect their rights or
how their personal data is processed.
In the event of a dispute, the applicable T&Cs will be those in force at the time
of receiving the order confirmation by email for the purchase of products and/or
services after payment, or failing that, at the time of confirmation of registration on
the Application.
ARTICLE 5 – ONLINE CONTRACT
5.1 Placing the order
To place their order, the client must follow the steps described below :
Information on the essential characteristics of the Service;
Choice of the Service, its options, and entering the client’s essential data;
Acceptance of these T&Cs;
Verification of the order details and, if necessary, error correction;
Identification in the Personal Space (if the client has access to the Application);
Payment instructions and payment for the Services.
The Client will then receive confirmation, by email, of the payment of their order. The
Company reserves the right to unilaterally refuse the order in the case of any bad faith
request or for any other legitimate reason.
The Client acknowledges having received details of the payment and execution methods of
the order, the contractual information of which is presented in detail and in the
English language. In accordance with French law, they are summarized when validating the
order. Unless there are special conditions, the rights granted under these are only to
the person signing the order (or the person holding the email address provided).
5.2 Delivery of the order (for physical goods)
Products are delivered to the address provided by the Client. They must ensure its
accuracy and, if necessary, update it on the site. Any order returned to the Company due
to an incorrect or incomplete delivery address will be reshipped at the Client’s
expense.
Delivery times are communicated to the Client at the latest when confirming the order
depending on the delivery location. In accordance with applicable legal provisions,
delivery takes place within a maximum period of 30 days.
The Client must check the condition of the delivered products and can refuse the
package or make reservations when the products are delivered. This check is deemed to
have been carried out if the Client signs the delivery note. Any anomaly concerning the
products must be reported to the Company within 3 days following delivery.
Except in cases of force majeure, the shipping times are those indicated when placing
the Order.
5.5 Non-delivery or incomplete delivery
In the event of non-delivery of products within the deadlines or incomplete delivery,
the Client can contact the Company to agree on a reasonable additional delivery time.
If no delivery has taken place within this new period, the order can be canceled, and
the Client may, if applicable, be reimbursed for the amount of their Order or the amount
of the missing products as soon as possible and no later than 14 days after the date on
which the contract was terminated. The contract will be considered terminated upon
receipt by the Company of the letter informing it of this termination.
5.6. Processing of packages not delivered by the transport provider
These are packages that have not been delivered to the final recipient for the
following reasons: NPAI (Not Living at the Indicated Address), unclaimed, refused…
5.6.1 Returns due to NPAI
These are packages returned by the delivery provider under the mention: Not Living at
the Indicated Address. After receipt and acceptance of the package by the Company, the
latter will contact the Client to resend their order (shipping at the Client’s expense)
if the product is still available or to refund the order according to the Client’s wish.
The Company reserves the right to refund the order and not resend it in the event of
several identified NPAIs.
5.6.2 Returns due to “UNCLAIMED”
These are packages that have not been claimed by the Client at the Post Office or the
designated collection point within the specified time.
After receipt and acceptance of the package by the Company, the latter will contact the
Client to resend their order (shipping at the Client’s expense) if the product is still
available or to refund the order according to the Client’s wish. The Company reserves
the right to refund the order and not resend it in the event of several identified
“UNCLAIMED”.
5.6.3 Returns due to “REFUSED”
The Client refused to receive the package at the time of delivery. After receipt and
acceptance of the package by the Company, the latter may offer the Client a credit note,
if applicable, or proceed with a refund, according to the Client’s choice.
In the event of a package return due to “NPAI”, “UNCLAIMED”, or “REFUSED”, the Company
does not guarantee the reservation of the ordered products and may have to refund the
order if the product(s) are no longer available.
ARTICLE 6 – IDENTIFICATION AND PERSONAL SPACE
When placing an order on the Site, the Client must fill out a form with their essential
information. They commit to providing accurate information and keeping it up-to-date.
To create their Personal Space, an individual must be at least 18 years old.
The Client provides, among other information, their email address and password. These
will allow them to identify themselves on the Site subsequently.
A Client registered on the Application is recognized as a Mathia Client after
identifying themselves using their email address and password.
Each Client has only one Personal Space on the Site.
Mathia commits to securely preserving all contractual elements in accordance with
current laws or regulations.
The responsibility for the use of identifiers lies solely with the client, even if they
pre-save their identifiers on various devices with automatic connection to their
Personal Space.
The Client commits to :
– Not creating a false identity and not impersonating another person;
– Regularly updating and modifying their essential data when necessary from their
Personal Space;
– Not accessing another Client’s Personal Space;
– Not disclosing their username or password, which are personal and confidential
information.
In this regard, it is recommended for the Client to always log out of the Personal
Space, especially if accessed from a network other than their home.
The Company reserves the right to delete any account that does not comply with these
T&Cs.
The Client can cancel their subscription at any time via the “my account” page >
cancel my subscription > Confirm my cancellation request.
ARTICLE 7 – PRICES, AND TERMS OF PAYMENT
The Client will find prices displayed in euros, inclusive of all taxes (TTC) on the
Site. Any change in the VAT rate or tax modification can be reflected in the price of
the Services.
In the case of a sale abroad, outside the eurozone, the Client can request a quote for
the product purchase in their country’s currency by contacting our customer service at :
contact@mathia.education
The prices displayed by the Company on the Site can be changed at any time without
notice. These changes cannot affect the Services already purchased by the Client and
confirmed by the Site.
The client can access Mathia under different plans :
Teacher subscription :
– Annual subscription of €65
Family subscription :
– Monthly subscription starting from €7.99
– Quarterly subscription starting from €19.99
– Annual subscription starting from €63.99
To receive a personalized quote, anyone can send an email to contact@mathia.com
Payment is made by credit card or direct debit. In the latter case, the client must
complete a direct debit mandate. All direct debits and recurring payments are then
managed by the STRIPE system. STRIPE’s general conditions apply and must therefore be
accepted by the client.
The holographic kit is available at a price of €25. It is received within 7 to 10
working days. Delivery charges will be billed to the client.
Recurring payment will occur according to the frequency chosen during the subscription,
namely: monthly, quarterly, or annually, on the same date, and the Client will have
access to all Mathia resources during that time.
Invoices are available on the Client’s Mathia account by clicking on “my account” then
“orders.”
The subscription can be canceled at any time and will take effect at the end of the
period during which it is canceled; access to the service will be maintained until the
end of that same period. The client can cancel at any time via the “my account” page
> cancel my subscription > Confirm my cancellation request.
However, if the Client has not expressed a wish to cancel their subscription before its
expiration date, it is tacitly renewed at the end of the chosen period (monthly,
quarterly, or annually), for an equal duration, by automatic debit from the credit card
details provided during registration.
ARTICLE 8 – ACCEPTANCE OF GOODS
The Client has a right of withdrawal, which they can exercise without reason, within
fourteen (14) clear days from the day after the delivery of the order.
If the deadline expires on a Saturday, Sunday, or a public holiday, it is extended to
the next working day.
In the case of an order for several products delivered separately, the period starts
from the receipt of the last product.
The Company will refund the Client the full amount paid for the product purchase. These
refunds will be made by the Company within a maximum of 14 days after receiving the
aforementioned products (with proof of the date of receipt) or after the Client sends
proof of product shipment. The refund will be made using the same payment method chosen
by the Client when placing their order.
The right of withdrawal cannot be exercised for the provision of services (access to
the Application) after the Client’s express prior agreement and express waiver of their
right of withdrawal in accordance with Article L221-28 of the French Consumer Code.
The Client wishing to exercise their right of withdrawal must notify the Company of
their decision to withdraw using a written declaration. The right of withdrawal is
exercised by returning the products at the Client’s expense in their original packaging,
accompanied by the order number, to the following address: contact@mathia.education.
ARTICLE 9 – WARRANTY
The Products offered by the Company are subject to the legal warranty of conformity
under articles L. 217-4 and following of the French Consumer Code and the warranty
against defects in the item sold under articles 1641 and following of the French Civil
Code.
The Client has a period of 2 years from delivery or from the discovery of the defect to
claim these warranties. The return costs of the Products remain the responsibility of
the Company.
– Warranty against defects in the item sold
If the legal warranty against defects in the item sold is invoked, it is up to the
Client to prove that the defects existed at the time of the product sale and make the
product unfit for the intended use.
However, the Company cannot be held responsible for any misuse of the products by the
Client.
– Legal warranty of conformity
When acting under the legal warranty of conformity, the consumer :
– Can choose between repairing or replacing the product, subject to the cost conditions
being disproportionate for the Company as provided by article L. 217-9 of the Consumer
Code.
– Does not have to provide proof of the product’s non-conformity for 24 months in the
case of new goods following the product’s delivery.
The Company does not offer any commercial warranty.
ARTICLE 10 – LIMITATION OF LIABILITY
For all stages of accessing the Site, consulting, filling out forms, placing orders,
delivering products, or any other Service, the Company only has an obligation of means.
Consequently, the Company’s liability cannot be engaged for any inconvenience or damage
inherent to the use of the Internet network, entirely outside the diligence and
precautions taken by the Company.
In particular, any disruption in the provision of the Service, or any external
intrusion or presence of a computer virus, cannot engage the Company’s liability.
The Company is responsible to the Client for the proper execution of the contract
concluded with the Client. However, any event qualified as force majeure under the Civil
Code and the jurisprudence of the Court of Cassation fully exempts the Company from any
liability. Similarly, the Company’s liability cannot be engaged for the non-performance
or poor execution of the contract due to an event attributable to the Client.
The Company’s liability cannot be engaged for the content of websites to which it is
referred by hyperlinks contained on the Site.
Unless there are contrary legal or regulatory provisions, the Company’s liability will
be limited to the direct, personal, and certain damage suffered by the Client.
ARTICLE 11 – PERSONAL DATA
The company’s policy regarding the protection of personal data is accessible on this
site in the “privacy policy” section or by clicking on the following link: Privacy
Policy |Mathia
ARTICLE 12 – INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
All elements on the Site (brands, domain names, products, software, images, videos,
texts, etc.), whether visual or auditory, including the underlying technology, are
protected by copyright, trademark, database, or patent rights. They are the exclusive
property of the Company and/or its partners.
Any reproduction, representation, translation, adaptation, transformation, and/or
exploitation in any way of all or part of the Site made without the prior consent of the
Company or its rights holders constitutes a violation of intellectual property rights
that may lead to legal proceedings.
Any hyperlink referring to the Mathia Site and using, in particular, the framing,
deep-linking, in-line linking, or any other deep link technique is a reproduction of the
Site and is in any case strictly prohibited. In all cases, any link, even tacitly
authorized, must be removed upon the Company’s simple request.
ARTICLE 13 – DISPUTE AND CONSUMER MEDIATOR
For any information or question, Customer Service can be reached:
– By email: contact@mathia.education
– By postal mail at the address: 1 Rue Gambetta, 64000 Pau
In accordance with the provisions of the Consumer Code regarding the amicable
settlement of disputes, the Company adheres to the Mediator Service of the Federation of
e-commerce and distance selling (“FEVAD”).
After a prior written approach to the Company, the Mediator’s services can be seized
for any consumer dispute whose settlement has not been successful.
To know the procedures for referring the Mediator, click on https://www.fevad.com
ARTICLE 14 – APPLICABLE LAW AND GENERAL PROVISIONS
The nullity of one of the clauses of the T&Cs will not lead to the nullity of the
other clauses.
The fact that one of the Parties does not take advantage of a breach by the other Party
of any of its obligations referred to in the T&Cs cannot be interpreted as a waiver
of the obligation in question.
Unless there are contrary public order provisions, all disputes that may arise in the
context of the execution of the T&Cs must be submitted to the Company’s assessment
before any legal action for an amicable settlement by sending a complaint to Customer
Service.
The T&Cs are subject to French law. In the event of a persistent disagreement on
the application, interpretation, and execution of the T&Cs, and in the absence of an
amicable agreement, any dispute will fall under the jurisdiction of the French courts.
In application of article R.631-3 of the French Consumer Code, the consumer can choose,
in addition to the territorially competent jurisdictions, the jurisdiction of the place
where they resided at the time of the conclusion of the contract or the occurrence of
the harmful event.
Users are informed that the last update of these T&Cs occurred on January 25, 2024.
