Article 1: Definitions
- - LEBRUN BUREL SARL (trading as LBKE): refers to the company that owns and operates the website www.nextpatterns.dev, a limited liability company with a capital of €3,000, registered in the Montpellier Trade and Companies Register under number 834 870 438, with its registered office at 2 avenue d’Unterschleissheim, 34920 LE CRES.
- - Site: refers to the website accessible at the address www.nextpatterns.dev, operated by LEBRUN BUREL SARL, where the Products and/or Services are available.
- - User: refers to a natural or legal person consulting the Products and/or Services provided by LEBRUN BUREL SARL free of charge, without registration and creation of a personal account on www.nextpatterns.dev. A minor may be a User with the prior authorization and under the responsibility of their parents or guardians, who are responsible for ensuring that the minor User complies with the General Terms of Sale and the General Terms of Use.
- - Registered User: refers to a natural or legal person consulting the Products and/or Services provided by LEBRUN BUREL SARL free of charge, who has registered and created a personal account on www.nextpatterns.dev. A minor may be a Registered User with the prior authorization and under the responsibility of their parents or guardians, who are responsible for ensuring that the minor Registered User complies with the General Terms of Sale and the General Terms of Use.
- - Client: refers to a natural or legal person bound to LEBRUN BUREL SARL by a Contract relating to Products and/or Services provided for a fee. A natural person Client must be of legal age and/or legally capable.
- - Products and/or Services: refers to any product and/or service made available to the User, Registered User, or Client, whether for a fee or free of charge, by LEBRUN BUREL SARL on the website www.nextpatterns.dev. More specifically, LEBRUN BUREL SARL provides digital self-learning resources in the field of computer programming on Next.js technology on the Site, hereinafter referred to indifferently as "Self-Learning Resources," "Resources," "Contents," "Patterns," or "Nextjs Patterns."
Article 2: Scope of Application
The online purchase of Products and/or Services made available by LEBRUN BUREL SARL on its Site implies the Client's full and unreserved acceptance of these General Terms of Sale (GTS).
Article 3: Characteristics of Products and Services
3.1 Publication of Self-Learning Resources
The company LEBRUN BUREL SARL operates the Site, on which it makes available its products, namely digital self-learning resources in the field of computer programming on Next.js technology. These Resources are available exclusively in English. Some Resources are accessible free of charge, while others are restricted or paid.
3.2 Subscription and Renewal Offer for Paid Resources
LEBRUN BUREL SARL offers various subscription plans that provide access to restricted or paid Resources. A renewal is a subscription taken out within a period of one (1) month following the expiration of a previous subscription contracted by the Client or with the same payment method, unless the previous subscription has been subject to the exercise of a right of withdrawal.
3.3 Offer for Purchase of Individual Paid Resources
LEBRUN BUREL SARL also offers the purchase of certain individual paid Resources without the need for a subscription. Access to the Resource(s) purchased by the Client is time-limited, for a duration specified to the Client in the purchase offer.
Article 4: Access to the Site, Responsibilities of the User, Registered User, and/or Client, and Rules of Use of the Site
4.1 Access to the Site and Responsibility of the User, Registered User, and/or Client
The Site provides access to the digital resources offered by LEBRUN BUREL SARL. Accessing, using the Site, and accessing the Resources require an Internet connection. The technical and computer means necessary for connecting to the Site, including the electronic device used, the operating system, the browser, the telecommunications network, and the network configuration to allow the loading of resources necessary for the operation of the Site, are the sole responsibility and at the exclusive expense of the User, Registered User, and/or Client. LEBRUN BUREL SARL has no responsibility or obligation in this regard.
4.2 Rules of Use of the Site
When the User, Registered User, and/or Client uses the Site, they agree to:
- Not to disrupt or interfere with the operation of the Site, as well as the associated servers and networks, particularly by compromising its functionality, security, or integrity;
- Not to introduce viruses, computer bugs, or exploit any other vulnerability to access protected data or the Site's paid Resources;
- Not to collect, store, or share with third parties, in any manner (for example: distributing a Resource, "copy-pasting," taking screenshots, taking photos, videos, etc.), and for any purpose, all or part of the Site's Contents, which are protected by copyright. LEBRUN BUREL SARL reserves the right to install technical devices to identify and combat any violation of this clause. It is also strictly prohibited to exploit the content of the Site, by any means and for any purpose, including to develop or train any software program, including those based on artificial intelligence.
- Not to disparage or harm LEBRUN BUREL SARL, as well as its various Sites, Products, and Services.
Failure to comply with any of the terms of use of the Site engages the contractual liability of the User, Registered User, or Client, and will result in criminal prosecution against the User, Registered User, or Client.
Article 5: Prices
The prices of the Contents sold are listed in euros, dollars, or any other local currency accepted by LEBRUN BUREL SARL. Prices are expressed excluding taxes and/or including VAT, if applicable.
The prices of the Contents are subject to periodic changes at the discretion of LEBRUN BUREL SARL and are then updated on the Site.
Article 6: Payment Terms
Payment can only be made by credit card through a secure payment server.
Payment is handled by an external service provider, which secures the payment operation and the Client's banking data. Therefore, banking data is not stored by LEBRUN BUREL SARL on its computer servers.
Article 7: Access to Free Resources, Personal Account, and Restricted or Paid Resources
7.1 Access to Free Resources Without Registration
The Site provides free access to a portion of its Resources without the need for registration and account creation.
The rules for accessing the Contents may vary at the sole discretion of the Site administrators.
7.2 Registration and Access to Personal Account
The User can register online on the Site by entering various information about themselves, which results in the creation of a personal account. The account is associated with a username and password chosen by the Registered User.
The Registered User agrees to provide accurate and complete information, particularly regarding their identity. Furthermore, the information provided must be updated by the Registered User as long as they hold a personal account on the Site.
Registration on the Site is strictly personal. Any transfer of an account to a third party or provision of resources, in any form (including total or partial reproduction), and for any purpose (free or paid), is strictly prohibited, engages the contractual liability of the perpetrator, and will therefore result in legal action. Furthermore, only one personal account may be created on the Site per natural person/legal entity.
Since registration on the Site is strictly personal, any navigation on the Site, as well as any use and consultation of the Resources, are presumed to have been carried out by the legal entity/natural person registered on the Site and owner of a personal account on the Site.
Upon completion of registration, the Registered User receives instructions by email to finalize the creation of their account. The Registered User will then have access to their personal space on the Site. The mere creation of an account on the Site does not grant access to restricted or paid Resources and does not lift the usage limits in the consumption of Contents.
7.3 Access to Restricted or Paid Resources
The User and the Registered User can access paid Contents and lift usage limits in the consumption of Contents at any time by subscribing to a paid offer. The subscription to a paid offer is completed on the Site.
The purchase made on the Site by the Client grants the Client access to the content listed in the purchase offer to which they have subscribed. Their purchase may grant them access to either the entirety or a portion of the Contents available on the Site, with this information being provided to them at the time of purchase.
Purchases made on the Site by the Client must be uniquely associated with an account according to the conditions described in paragraph 7.2 of Article 7 of these General Terms of Sale.
7.4 Identity Verification
For security reasons and to prevent fraud, LEBRUN BUREL SARL reserves the right to request identity verification at any time. In case of doubt about the authenticity of the information provided by the Client, LEBRUN BUREL SARL may require the provision of a valid ID.
The Client acknowledges and accepts that this verification is necessary to ensure the security of transactions and the protection of the rights of LEBRUN BUREL SARL. The collected identity data will be processed in accordance with the General Data Protection Regulation (GDPR) and will only be retained for the duration necessary to achieve the purposes for which they were collected.
Article 8: Order Validation
Before validating the order, the Client is encouraged to verify the content of their order and the accuracy of the information provided, which they can modify before proceeding to the payment step. The Client is, of course, solely responsible for the information they provide.
The validation of the order constitutes full and unreserved acceptance of these General Terms of Sale.
Once the order is validated and the payment is made, an email acknowledging receipt of the order is sent to the Client at the email address they provided. This acknowledgment constitutes acceptance of the order and validates the transaction.
LEBRUN BUREL SARL reserves the right to suspend or refuse any order from a client with whom LEBRUN BUREL SARL is in dispute, for any reason, without the latter being entitled to any compensation.
Article 9: Delay and Access Modalities for Paid Digital Resources After Purchase
The Resources purchased by the Client on the Site being digital, they are accessible immediately after the Client receives the email sent by LEBRUN BUREL SARL acknowledging receipt of the order.
The Client can then access the digital Resources on the Site from their personal account, after logging in.
The duration of access to the digital Resources purchased by the Client may be time-limited. This information is always included in the description of the subscription offer or purchase offer and is available for the User or Registered User to consult before making a purchase.
Article 10: Right of Withdrawal
Any Client who has purchased a paid Product on the Site may benefit from the right of withdrawal.
The Client has a period of 14 calendar days from the date of payment of a paid offer to withdraw, by sending an email to the following address: contact@lbke.fr.
For an individual client, it is requested to specify the following information in the email: First Name, Last Name, Paid Offer Subscribed, Reasons for Withdrawal. The client is also requested to provide a Bank Identity Statement as an attachment to their email.
For a professional client, the following information is requested: Company Name, Paid Offer Subscribed, Reasons for Withdrawal. The client is also requested to provide a Bank Identity Statement as an attachment to their email.
It is recommended that the Client ensure the proper receipt of their email by requesting a receipt confirmation.
The refund is made by bank transfer upon receipt of a bank identity statement from the Client.
Article 11: Intellectual Property
LEBRUN BUREL SARL holds the intellectual property rights over all elements composing the Site, its Products and/or Services, or any other medium, or has obtained the necessary licenses for these rights.
Whether accessible free of charge or not, any reproduction, representation, distribution, translation, or exploitation, in whole or in part, of any nature whatsoever and by any means whatsoever, of any of these elements is strictly prohibited. Such action would constitute, under Articles L. 335-2 of the Intellectual Property Code, an offense of counterfeiting punishable by three years' imprisonment and a fine of €300,000.
LEBRUN BUREL SARL is also the exclusive owner of the trademarks it has registered or regularly uses. The reproduction, use, or affixing of these trademarks without the prior written authorization of LEBRUN BUREL SARL is strictly prohibited and would constitute an act of counterfeiting, engaging the civil liability of its author under Article L. 716-1 of the Intellectual Property Code.
The use or purchase of a Product and/or Service by a User, Registered User, or Client does not confer to them, or to anyone else, any rights over the protected elements mentioned above, other than that of strictly personal, non-collective, and non-commercial use.
Article 12: Liability of LEBRUN BUREL SARL
LEBRUN BUREL SARL undertakes to provide the Products and/or Services with diligence and competence, in accordance with professional practices and applicable regulations.
Article 13: Limitation of Liability and Force Majeure
LEBRUN BUREL SARL shall not be held liable for any direct or indirect damage, including but not limited to, loss of profits, data, customers, opportunities, or any other financial or commercial loss, resulting from the use or inability to use the Products and/or Services of the Site, a delay in the transmission of information, loss of information, omissions, or errors. .
All information disseminated on the Site is provided for informational purposes only and should not be construed, in any way, as advice or decision-making assistance, including but not limited to, investment decision assistance or assistance in making technological choices.
LEBRUN BUREL SARL shall not be held liable for any failure to perform its obligations that is due to a force majeure event, including but not limited to, malfunctions of telecommunication networks, server failures, cyber attacks, natural disasters, strikes, government decisions, or malfunctions related to the Site's hosting provider, which are beyond its control.
Article 14: Personal Data
LEBRUN BUREL SARL is required to collect and process personal data concerning the User, Registered User, or Client provided during their registration on the Site or purchases they have made.
Personal data is processed in accordance with the legal and regulatory provisions relating to the processing of personal data. LEBRUN BUREL SARL is committed to protecting the privacy and personal data of its customers in accordance with applicable legislation, including the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and the French law n° 78-17 of 6 January 1978 on information technology, data files, and civil liberties, as amended by law n° 2018-493 of 20 June 2018.
Article 15: Sanctions in Case of Violation of the General Terms of Sale and the General Terms of Use
The User, Registered User, or Client acknowledges and accepts that any violation of these General Terms of Sale (GTS) and the General Terms of Use constitutes a serious infraction. In the event of a violation of any of the GTS, LEBRUN BUREL SARL will take all necessary measures to protect its interests and will engage the civil and/or criminal liability of the User, Registered User, or Client. LEBRUN BUREL SARL reserves the right to seek damages for compensation of the harm suffered.
LEBRUN BUREL SARL will permanently delete, without delay and without notice, the accounts of Registered Users and Clients who do not comply with these General Terms of Sale, the General Terms of Use, or who make unfair use of the Contents offered on the Site.
The deletion of an account results in the loss of access to the Site, including to the paid Products that the Client may have purchased, without any refund or financial compensation being due to the Client from LEBRUN BUREL SARL in any case.
Article 16: Independence of Clauses of the GTS
If any of the provisions of the GTS were declared null by a competent jurisdiction, the other provisions would remain valid and retain their full force and effect.
Article 17: Modification of the GTS
LEBRUN BUREL SARL reserves the right to modify these GTS at any time. It is the responsibility of the User, Registered User, or Client to stay informed of any changes to the GTS by regularly consulting this page.
Article 18: Complaints
In case of complaints, the Client may contact the managers of LEBRUN BUREL SARL by email at the following address: contact@lbke.fr to discuss the source of dissatisfaction and attempt an amicable resolution.
Article 19: Applicable Law
These GTS are governed by French law.
In case of a dispute, if an amicable resolution following the provisions of Article 18 cannot be reached, the French courts will have exclusive jurisdiction. In case of a dispute with a legal entity, the courts of Montpellier will have exclusive jurisdiction.