Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SALE (GTCS) FOR ORDERS OF "SMARTGUIDES" EBOOKS AND AUDITS

ARTICLE 1 – Scope

These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") constitute, in accordance with Article L. 441-6 of the Commercial Code, the sole basis for the commercial relationship between the parties. They aim to define the conditions under which Think Smart Consultants provides the Client, upon request, with purchases of online training guides and Instagram, website, or strategy audits. The term "Client" refers to any individual or legal entity placing a validated order with Think Smart Consultants through our secure payment platform. Placing an order on the website www.thinksmartsconsultants.com constitutes acceptance, without restriction or reservation, of these GTCS. These GTCS apply to the exclusion of any other conditions. They are accessible at any time on www.thinksmartsconsultants.com (hereinafter referred to as "the Website") and will prevail, if necessary, over any other version or document. The Client declares to have read and accepted these GTCS before the online ordering process. The Client declares to have the legal capacity to commit to these GTCS. These GTCS may be subject to modifications at any time, with the version applicable to the Client's purchase being the one in force on www.thinksmartconsultants.com on the date of placing the order. Information and prices on the website and related communication channels are subject to revision at any time.

ARTICLE 2 – Presentation and Identification of Think Smart Consultants

Think Smart Consultants is represented by its publishers, Maguelone Billion-Lugez and Tya Clair-Meyer, sole traders with the following registration numbers:

Maguelone Billion Consulting - 98298860200016 Tya Clair-Meyer The email address is thinksmarttwice@gmail.com

Think Smart Consultants offers online training guides called Smart Guides, as well as audits and marketing consulting. These training guides aim to assist entrepreneurs, SME leaders, and startups in their marketing activities, especially online and on social networks. These training sessions are provided in the form of ebooks or audits.

ARTICLE 3 – Orders

3.1. Order Placement Ordering a Smart Guide The Client selects the Smart Guide online that they wish to order directly on the website operated by Think Smart Consultants and orders using the following methods:

Clicking on the call-to-action button available on the Smart Guides presentation pages
Accessing the digital product with payment in 1 or 3 installments Once the order is placed and payment is validated, the Client will receive an order confirmation email and the ability to download the Smart Guide. Ordering an Audit The Client selects the online audit they wish to order directly on the website operated by Think Smart Consultants and orders using the following methods:
Clicking on the call-to-action button available on the audit presentation pages
Accessing the digital product with payment in 1 or 3 installments Once the audit is ordered, the client will be prompted to fill out a questionnaire. A 30-minute call will follow between the client and Think Smart to precisely identify their needs. Then, a second 1-hour call during which Think Smart Consultants will present the audit report. Before proceeding with the payment, the Client must familiarize themselves with these GTCS. By placing the order, the Client acknowledges having read and accepted the GTCS.

3.2. Order Confirmation Once the order is placed and payment is validated, the Client will receive an email confirming the order. In case of difficulty accessing the order, the Client will contact support via email at the following address: thinksmarttwice@gmail.com. The sale will be considered final only after Think Smart Consultants sends the Client a confirmation of the order acceptance by email and after full payment is received (applicable to payments in 1 and 3 installments). The Client has the opportunity to check the details of their order, its total price, and correct any errors by contacting Think Smart Consultants by email.

3.3. Order Modification Due to the nature of digital products (immediate accessibility), no modification of the order by the client will be possible after its confirmation by Think Smart Consultants, which is expressly accepted by the Client.

3.4. Order Cancellation Considering the nature of digital products, no order cancellation by the Client will be possible after its confirmation by Think Smart Consultants, which is expressly accepted by the Client. Think Smart Consultants reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding the payment of a previous order.

ARTICLE 4 – Prices and Payment Methods

Digital products are provided at the prices listed on the website at the time of order registration, as indicated in the "Orders" article above. Credit card payments are processed by the secure online payment platform Stripe. Prices are expressed in euros including VAT, applicable on the day of placing the order. The prices take into account any discounts granted by Think Smart Consultants under the conditions specified on the website. The Client cannot demand the application of discounts no longer in effect on the day of the order. These prices are firm and non-revisable during their validity period, as indicated on the website, with Think Smart Consultants reserving the right, outside this validity period, to modify them at any time. An invoice is issued by Maguelone Billion-Lugez or Tya Clair-Meyer and sent to the Client by email after the order and receipt of payment.

ARTICLE 5 – Payment Conditions

5.1. Payment Methods Payment for the order is made by credit card at the time of placing the order. In accordance with Article L.132-2 of the Monetary and Financial Code, the Client is informed that the commitment to pay by credit card is irrevocable. By providing their banking information when placing the order, the Client authorizes Think Smart Consultants to debit their card for the amount indicated and for installment payments (for payments in 3 installments). The Client confirms that they are the legal cardholder and are legally entitled to use it. Payments made by the Client will be considered final only after Think Smart Consultants has effectively collected the full amounts.

5.2. Payment Terms Payment is due immediately on the date of the order. However, the Client has the option to pay the order price in installments (payment in 3 installments). The price is payable in full on the day of the order by the Client, via secure online payment by credit card through the Stripe company. The information transmitted is encrypted by software, and the security of this system is entirely the responsibility of the Stripe company and cannot be attributed to Think Smart Consultants.

5.3. Notification of Changes In the case of installment payments (payment in 3 installments), the Client agrees to inform Think Smart Consultants in case of a change or renewal of their credit card.

5.4. Sanctions Late payment will result in the immediate demand for payment of the entire amounts due by the Client, without prejudice to any other action that Think Smart Consultants may take against the Client.

ARTICLE 6 – Intellectual Property

Trademarks, domain names, digital products, images, videos, texts, know-how, or any information subject to intellectual property rights related to online training are and remain the exclusive property of Think Smart Consultants. No transfer of intellectual property rights is made through these GTCS. Any total or partial reproduction, modification, or use of the contents (visual and sound elements, videos, texts, annex documents, training plan) for any reason is strictly prohibited. The Smart Guides purchased by the Client on the website are for exclusively personal use, and not for commercial use. The Client agrees not to provide access to the training content by any means or to use the training content on their own media (blog, podcasts, videos, social networks, newsletters). The Client only has the right to consult the content made available to them, without being authorized to reproduce, copy, represent, adapt, transmit, or exploit it for personal or third-party purposes. Furthermore, the Client expressly undertakes not to use the content provided to market the methods proposed in any way. The Client acknowledges that any violation of this clause may cause financial harm to the author, Think Smart Consultants, who may seek compensation and possibly take legal action.

ARTICLE 7 – Withdrawal, Termination, Satisfaction Guarantee

For Clients who have ordered an ebook online as part of their professional activity, the Consumer Code, and in particular the provisions concerning the right of withdrawal, does not apply to contracts concluded with Think Smart Consultants. The Smart Guides marketed on the website constitute independent digital content without any material support and for immediate use. Thus, in accordance with the provisions of Article L.221-28, 13° of the Consumer Code, the Client (i) expressly acknowledges and accepts that access to the digital product begins immediately upon payment validation (ii) and expressly waives their right of withdrawal. The Client expressly waives their right of withdrawal by clicking "Pay," certifying that they have read and accepted the general terms of sale and use and agree to the terms, and certifies expressly waiving their right of withdrawal in accordance with Article L.221-28, 13° of the Consumer Code and having received all necessary pre-contractual information.

ARTICLE 8 – Force Majeure

The parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code.

ARTICLE 9 – Referencing and Broadcasting Rights

The Client accepts that Think Smart Consultants may include the testimonials collected as part of access to digital products among its references. In this regard, ThinkSmart Consultants may freely include the Client's first name and profession, as well as their logo or photo, on a list of references. Regarding the use of the logo or photo, Think Smart Consultants undertakes to seek written approval (via email or through social networks) from the Client. The Client can request the removal of their testimonial at any time, in whole or in part. The dissemination of these references may occur on various media used by Think Smart Consultants for the promotion of its e-learning courses (website, podcast episode, video, social networks, online ads, newsletters, etc.), including by using or combining all or part of the data or images collected (except information previously designated by the Client as confidential).

ARTICLE 10 – Personal Data and GDPR

In accordance with General Data Protection Regulation (GDPR) No. 2016/679, ThinkSmart Consultants undertakes to do everything possible to minimize the collection, protection, and security of the Client's personal data. For more information, the Client is referred to the privacy policy of the internal Site, which includes all information concerning the data controller, collection, purpose, legal bases, retention period, recipients of the data, and the exercise of the Client's rights.

ARTICLE 11 – Disputes and Potential Disputes

In accordance with Articles L.612-1 of the Consumer Code, any dispute or dispute called a consumer dispute, subject to Article L.612-2 of the Consumer Code, may be the subject of an amicable settlement by mediation with a mediation service chosen by mutual agreement between the parties.

ARTICLE 12 – Applicable Law All provisions in the GTCS, as well as all purchase and sale transactions referred to therein, will be subject to French law and the competent French courts.