The Provider referred to in Article 1 markets digital products, online information services, coaching and in-person conferences (hereinafter “the Services”) through the website www.eliteprofit.fr or one of its mirror sites, with a view to training its clients in the basics of sound financial management.
The Provider offers the activity of a general trainer and not a wealth management, tax optimisation or financial investment service.
The training programmes offered on the site www.eliteprofit.fr (or one of its mirror sites) are aimed at any adult person, such that no prior knowledge of trading is required.
Furthermore, as the Provider markets online services, it is the Client’s responsibility to ensure that they have all the necessary computer equipment (computer, screen, internet connection, web browsers in their latest versions, email software, sound card and speakers to hear the videos, microphone, anti-virus software) before placing any order on the website www.eliteprofit.fr or one of its mirror sites. Failing that, the Client will not be able to obtain any refund, subject however to the provisions of Article 9 hereof.
Warning concerning trading operations: Trading on financial markets in general, and on FOREX and binary options in particular, involves many risks. The Client may suffer losses greater than the initial investment and therefore commit their financial health and liability. The Provider therefore recommends that the Client act on these financial markets with the greatest caution. Furthermore, it is essential that the Client understands all the mechanisms inherent to trading before starting transactions on “real” markets. In all cases, the Provider cannot be held responsible for their losses on these markets.
The expressions and terms used in these Terms and Conditions of Sale shall have the meaning attributed to them below:
The Site and the Platform are accessible to Visitors and Clients via the internet from a fixed or mobile terminal with an internet browser. Some features of the Site can be used free of charge and without registration, while other features require registration to become a Member and/or subscription to a Service in order to be used.
These Terms and Conditions of Sale constitute the sole basis of the commercial relationship between the Parties. They apply, without restriction or reservation, to any purchase of online content and webinars (hereinafter “the Services”) offered by the company “EliteProfit”, a micro-enterprise, registered with the Trade and Companies Register under registration number pending (hereinafter “the Provider”).
These Terms and Conditions of Sale also apply, in part, to any internet user (hereinafter “the Visitor”) browsing the website www.eliteprofit.fr and its mirror sites and who does not purchase Services from the Provider.
These Terms and Conditions of Sale apply to the exclusion of all other conditions for all Services rendered by the Provider to the Client, whatever clauses may appear in the Client’s documents, and in particular their General Purchasing Conditions.
These Terms and Conditions of Sale are accessible at all times on the website www.eliteprofit.fr or one of its mirror sites and shall prevail, where applicable, over any other version or any other contradictory document.
The Client and the Visitor declare that they have read these Terms and Conditions of Sale and accepted them from the website www.eliteprofit.fr or one of its mirror sites.
Validation of the order of Services by the Client constitutes acceptance without restriction or reservation of these Terms and Conditions of Sale of the Provider’s website. The Client acknowledges having the legal capacity required to contract and acquire the Services offered on the website www.eliteprofit.fr or one of its mirror sites, and that they received, within the legal time limits, the necessary pre-contractual information to ensure that the offer matches their needs.
As these Terms and Conditions of Sale may be subject to subsequent amendments, the version applicable to the Client’s purchase or at the time of the Visitor’s consultation is the one in force on the website on the date the order is placed. These amendments cannot give rise to any right to compensation for the Client. The Client and the Visitor therefore undertake to keep themselves regularly informed of any amendments to these Terms and Conditions of Sale of the site www.eliteprofit.fr. In accordance with the regulations in force, the Provider reserves the right to derogate from certain clauses of these Terms and Conditions of Sale by establishing Specific Conditions of Sale relating in particular to the in-person conference.
Amendments to these Terms and Conditions of Sale are enforceable against Clients and Visitors from the time they are published online on the website www.eliteprofit.fr or one of its mirror sites, but cannot apply to transactions concluded previously.
The main characteristics of the Services are presented on the website www.eliteprofit.fr.
The Client is required to read them before placing any order. The choice and purchase of the Services as well as the payment terms are the sole responsibility of the Client.
The Services offered for sale are those appearing on the site on the day the Client consults the website www.eliteprofit.fr and subject to available places. If one of the Services is unavailable, the Client will be informed as soon as possible.
Orders are placed on the website www.eliteprofit.fr or one of its mirror sites.
The Client selects on the site the Services and options they wish to order, according to the following steps:
The sale of the Services will only be considered final after the Provider has sent the Client confirmation of acceptance of the order by email and after the Provider has collected the full price or the deposit/advance depending on the options chosen by the Client.
Any order placed on the website constitutes the formation of a contract concluded at a distance between the Client and the Provider. Unless proven otherwise, the data recorded in the Provider’s computer system constitutes conclusive proof of all transactions carried out by the Provider and the Client via the website.
The information communicated by the Client when placing the order is binding on them. For the proper fulfilment of the order, and in accordance with Article 1316-1 of the French Civil Code, the Client undertakes to provide truthful identification details. The Provider’s liability cannot in any way be sought or engaged in the event that an error when placing the order prevents or delays the performance or delivery of the Services by the Provider.
Likewise, every Client of the Provider undertakes to:
Should the information provided be false, inaccurate, out of date or incomplete, the Provider is entitled to refuse immediately and for the future access to all or part of the Service.
No modification of the order by the Client will be possible after confirmation of the order by the Provider, which is expressly accepted by the Client.
The Provider reserves the right to cancel or refuse any order from a Client with whom there is a dispute of any nature whatsoever, any abnormal order or order placed in bad faith, or a disagreement relating to a previous order on the website.
More generally, the Provider reserves the right to cancel or refuse any order at its sole discretion, and in particular if there is a risk of infringement of its intellectual property.
The Services offered by the Provider are supplied at the rates in force on the website www.eliteprofit.fr or one of its mirror sites, at the time the order is registered by the Provider. Prices are expressed in Euros and exclusive of tax.
The rates take into account any reductions or benefits granted by the Provider under the conditions specified on the website www.eliteprofit.fr, in particular depending on the payment options.
These rates are firm and non-revisable during their period of validity, as indicated on the website, the Provider reserving the right, outside that period of validity, to change prices at any time.
An electronic invoice in PDF format will be drawn up by the Provider and delivered to the Client at the email address given when ordering.
In the event of payment in instalments, invoices will be drawn up as payments are made by the Client, directly linked to the performance of the services.
In addition to the training Packs, indicators and strategies offered, the Client has the option of purchasing one or more other Services individually, as described on the site www.eliteprofit.fr or one of its mirror sites on the date of the order.
The price is payable in cash, in full or in part on the day the order is placed by the Client depending on the payment options chosen, by way of:
In accordance with Article L 132-2 of the French Monetary and Financial Code, the Client is informed that the commitment to pay given by bank card is irrevocable. By communicating their bank details when placing the order, the Client authorises the Provider to debit their card for the amount corresponding to the price indicated. The Client confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it.
The Provider uses a third-party secure payment system. The processing of payments arising from orders and from use of the Platform will be governed by the terms and privacy policy of the Provider’s partner payment system and by the terms of the issuer of the Client’s credit card.
During the payment transaction, the Client is automatically connected to the server of the third-party payment provider’s payment processing centre. Bank data, protected by encryption (Secure Socket Layer and Transport Layer Security protocols), does not pass through the Provider’s systems (and is therefore not retained). The Provider therefore does not store Clients’ bank data.
The Provider cannot be held responsible in the event of fraudulent use by third parties of the payment methods used. The independent payment provider assumes full responsibility for the security of its system.
The personal data communicated by the Client makes it possible to complete the transaction. It will be recorded and used by the Provider in accordance with its privacy and cookie statements as set out herein. The Client authorises the payment system to retain their bank data on behalf of the Provider in order to facilitate future orders.
The Provider may ask the Client, by email or telephone, for additional information about their identity (identity card) and the identity of the holder of the bank card used for payment, depending on the amount of the order and the address of the cardholder.
The Client has at all times a right of access to and rectification of the data concerning them collected at the time of payment, subject to making the request by post (to the Provider’s registered office) or by email to contact@eliteprofit.fr.
Furthermore, the Provider reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the supply of the Services ordered by the Client and/or to suspend performance of its obligations. The Client may not under any circumstances claim any compensation, credit or refund on this basis. The limitation period for the recovery of any sum owed to the Provider runs from the date of issue of the invoice concerned.
Payments made by the Client will only be considered final after the sums due have actually been collected by the Provider.
In the event of late payment, penalties equal to three (3) times the legal interest rate in force on the date of the order will be payable automatically (without any reminder being necessary) as well as a fixed indemnity for recovery costs of forty (40) Euros. Furthermore, any subsequent payment, whatever the reason, will be allocated immediately and as a priority to the extinction of the oldest debt.
The Services are provided to Clients in the form of online information products and webinars, through an e-learning Platform made available to the Client for Life, subject to compliance with all the provisions of these Terms and Conditions of Sale.
This e-learning Platform allows the Client to:
The Client accesses this Platform using the access codes communicated to them by email by the Provider. The right of access to this Platform is individual, personal, non-assignable and non-transferable. It may not therefore be shared, assigned, transferred or passed on to third parties.
The Client is exclusively responsible for the confidentiality of their access codes, and may not under any circumstances engage the Provider’s liability in the event of hacking or loss arising from unauthorised use of the platform or fraudulent use of their access codes.
In the event of a breach of the rules relating to access codes, and in particular in the event of use of these codes by several people or abusive or fraudulent use, the Provider reserves the right to remove the Service and access to the Platform immediately without refund, compensation, notice or prior information. Sums already paid to the Provider will remain acquired by way of compensation.
Likewise, the Client has access to this platform as long as they are up to date with their payments. The Provider may therefore immediately suspend the Services and the Client’s right of access to the platform, the Client being unable to obtain any refund or compensation on this basis.
In the event of an anomaly discovered by the Client, they undertake to notify the Provider as soon as possible so that it can be remedied.
The Provider undertakes to use its best efforts to provide the Services ordered by the Client, within the framework of an obligation of means. Furthermore, the Provider may exceptionally cancel or postpone the Services in the event of:
In the above cases, the Client may not under any circumstances obtain any compensation or refund. The Provider will inform the Client by email of the cancellation or postponement of the Services and will propose a new Service or new dates as soon as possible.
The Platform and the Site are accessible 24 hours a day, 7 days a week.
Owing to the nature and complexity of the internet network, and in particular its technical performance and response times for consulting, querying or transferring information data, the Provider implements all reasonable means at its disposal, in accordance with best practice, to allow access to and use of the Site, the Platform and the Services offered, but is under no obligation to succeed. Consequently, given the uncertainties inherent in the very nature of the internet, the Provider does not guarantee that the Platform and the Site will operate without interruption, nor that the servers giving access to them and/or the third-party sites for which hypertext links appear are free of viruses.
The Provider reserves the right in particular, without notice or compensation, to temporarily close the Site and/or the Platform as well as access to one or more Services, in particular to carry out maintenance operations, updates, modifications or changes to operating methods, or to restrict the hours of accessibility of the Site and/or the Platform.
For optimal operation of the Site and the Platform, the Provider recommends that each Client or Visitor use computer equipment with the following minimum configuration:
The Client and the Visitor acknowledge that access to and use of the Site and the Platform may be rendered impossible by the absence of this minimum configuration on their computer equipment.
The Provider has created a private group on Discord allowing Clients to exchange with each other and with the speakers about the Services and any issues they may encounter.
In order to benefit from it, the Client must accept these Terms and Conditions of Sale.
Furthermore, the Client shall refrain from committing faults or publishing posts, comments, photos or videos that are disparaging, racist, discriminatory, insulting or damaging to the image or reputation of the Provider and, more generally, from distributing or publishing any content contrary to the law that would harm public order or the rights of the Provider or of third parties. Without this list being exhaustive, the Member and/or Client undertakes to:
Failing this, the Client acknowledges and accepts that the Provider may remove, at its sole discretion and judgement, their posts, comments, photos or videos and exclude the Client from the private group without prior information or notice, as well as from all communication spaces. The Client may not obtain any refund or compensation on this basis.
The Client acknowledges and accepts that they do not benefit from personal and individualised support for an indefinite period.
The user account can be deleted manually directly by the Client in the Member Area, or by simple request to the email address: contact@eliteprofit.fr.
These Terms and Conditions do not entail any assignment of any kind of intellectual property rights over the elements belonging to the Provider for the benefit of the Client or the Visitor.
The content of the Site, its general structure as well as the trademarks, designs, models, animated or still images, texts, photographs, logos, graphic charters, software and programs, search engines, databases, sounds, videos, domain names, design, the Provider’s know-how and all other elements making up the Site are the exclusive property of the Provider or of the partners or third parties who have granted it a licence, and are protected by intellectual property rights.
Any reproduction and/or representation, in whole or in part, of one of these elements without the express authorisation of the Provider is prohibited and would constitute, in particular but not exclusively, an infringement punishable under the provisions of the French Intellectual Property Code.
This article shall survive the end of these terms for any reason whatsoever. The Provider reserves the right to claim damages in the event of infringement of its intellectual property rights.
The Provider is also the exclusive owner of all intellectual property rights attached to the Services available on the e-learning platform and to the documents, information, works, illustrations, images, photographs and videos communicated to the Client. No assignment of intellectual property rights is made through these Terms and Conditions of Sale.
The Client therefore has only the right to use the Services and the content made available, without being authorised to reproduce, represent, adapt, distribute or exploit them for personal purposes or for the benefit of third parties. Furthermore, the Client expressly refrains from taking up the Services or the content made available in order to market information products, training, services or products competing with those of the Provider, or from reusing the Services or the content to train third parties in any way whatsoever.
This article shall survive the end of these terms for any reason whatsoever. The Provider reserves the right to claim damages in the event of infringement of its intellectual property rights.
In addition to the provisions of the French Consumer Code, and in particular the provisions relating to the right of withdrawal, the Provider offers the Client a period of fourteen (14) calendar days from the sending of the access links to terminate the contract in the event that they are not satisfied with the online training Services. To do so, the Client must send an email exclusively to the address contact@eliteprofit.fr, no other means of communication being accepted.
This period does not apply to the following Services:
For information, in France, Article L121-20-2 of the Consumer Code excludes from the legal withdrawal period the “supply of audio or video recordings, or computer software when they have been unsealed by the consumer”. In France, the legal right of withdrawal is therefore void from the moment the product ordered is downloaded. In addition, PayPal protection does not apply to this type of downloaded product.
The Provider may terminate the contract in the event of a fault committed by the Client. In this case, the Client may not obtain any refund; sums already paid to the Provider will remain acquired by way of compensation.
All refund requests under the Satisfaction or Money Back Guarantee will systematically be subject to verification by the Provider. The Provider will not verify requests that it deems, at its sole discretion, to have been made fraudulently or in bad faith. The Provider will proceed with the refund within 14 (fourteen) days of acceptance of your request, using the same means of payment as that used for the transaction.
The Provider reserves the right to modify or discontinue the Satisfaction or Money Back Guarantee at any time. Furthermore, purchases made for professional purposes do not benefit from this Guarantee nor from the withdrawal period.
The products The Rise™ (L’Ascension) and The Rise™ Ultimate (L’Ascension Ultime) benefit from a 100% satisfaction guarantee defined as follows: if the performance of the portfolio (on the basis of an initial portfolio of €10,000), excluding brokerage fees, between the Client’s purchase date and the following 12 months, is not greater than or equal to the price paid by the Client for the purchase of this product, the Client may obtain free of charge another product sold by the Provider. The new product may not be a training programme, online or in person, or coaching.
In order to receive their new product free of charge, the Client must:
Any validated request will result in the Provider sending a promotional code allowing the requested product to be acquired free of charge.
The Electrochoc training presents a BBFS method for identifying trend reversals and entering positions based on the observation of Japanese candlesticks. If the Client applies the BBFS method and fails to take at least one winning trade out of 10 trades within the month following their purchase, the Client may request a refund of the amount paid and may obtain free of charge another product sold by the Provider. The new product may not be a training programme, online or in person, or coaching.
In order to obtain the refund and receive their new product free of charge, the Client must:
If the Client watches at most one lesson of the training (the one of their choice), without having opened any other lesson nor the appendices or bonus documents, and if this training does not suit them (whatever the reason), the Client may request a full refund.
In order to obtain the refund, the Client must contact the Provider to inform them of their wish for a refund. A reason may be provided by the Client in order to allow improvement of the product, but will not be taken into account in the refund decision.
The Provider is bound only by an obligation of means.
The Provider cannot be held responsible in the event of suspension of services or tools provided by third parties.
In any event, should the Provider’s liability be established, the Provider’s guarantee would be limited to the amount excluding tax paid by the client for the supply of the services.
More generally, and unless expressly provided otherwise, under no circumstances may the Provider or its directors, employees or agents be held liable for any direct or indirect damage resulting from use of the Site, the Platform or the Services offered on them.
Furthermore, the Provider does not guarantee that:
The Provider’s liability cannot be engaged for damage resulting from use of the internet network, such as loss of data, intrusion, viruses, service interruption, or other involuntary problems.
The Provider, its shareholders, legal representatives, partners, affiliates or suppliers may not under any circumstances be held responsible for the failure to achieve the client’s commercial or financial objectives. An exemption from liability is stipulated for indirect damage (such as loss of earnings or profits, turnover, goodwill and other similar losses).
The Provider draws the Client’s attention to the fact that the services are intended to make investments. The client remains entirely free to choose the amount of the investments to be made and their frequency. The client assumes the share of risk inherent to this kind of investment and acknowledges that they may lose all of their capital.
The Provider offers no professional advice of a medical or psychological nature, and no content of the training programmes can replace the opinion and/or intervention of a professional duly authorised by the competent authorities.
Consequently, the Provider, its shareholders, legal representatives, partners, affiliates or suppliers may not under any circumstances be held responsible, in any way whatsoever, for damage of any nature, in particular bodily injury, illness, death, separation or burnout.
The Provider will not be held responsible for any delay or non-performance where the cause of the delay or non-performance is due to the occurrence of a case of force majeure such as, in addition to those usually recognised by case law, the blocking of telecommunications, the blocking of the internet, breakdown of the equipment broadcasting the Service, fire, water damage, blocking of the means of transport or supply, or a total or partial strike.
Each party must inform the other as soon as possible in the event of a force majeure event preventing it from performing all or part of its obligations. A case of force majeure suspends the obligations arising from these conditions for the entire duration of its existence. However, if the case of force majeure lasted for more than one (1) consecutive month, it would give rise to the automatic termination of these conditions by either party eight (8) days after notification of that decision by any means.
Should a provision of these terms and conditions of sale be invalidated for any reason, that invalidation will have no effect on the validity of the other provisions.
In the event of a change of circumstances that was unforeseeable when the contract was concluded, in accordance with the provisions of Article 1195 of the French Civil Code, the party that has not accepted to assume a risk of excessively onerous performance may request a renegotiation of the contract from its co-contractor.
Pursuant to French Act 78-17 of 6 January 1978, it is recalled that the personal data requested from the Client is necessary for processing their order and for issuing invoices, in particular. This data may be communicated to any partners of the Provider responsible for the performance, processing, management and payment of orders.
The Client has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification and objection concerning the information relating to them. In this case, the Client must send a letter and provide proof of identity to the following address:
EliteProfit
10 rue des capucines
69530 BRIGNAIS, France
Or by email: contact@eliteprofit.fr
Data is collected on the Site and on the Platform in order to:
The data thus collected may be transmitted to the Provider’s staff as well as to any third parties responsible for participating in the setting up, performance or follow-up of the registration. Under no circumstances will the data collected be transferred to third parties, whether free of charge or for a fee.
The personal data collected is retained for a period of five years from the Client’s last activity on the Platform. At the end of this period, the data allowing the Client to be identified is anonymised (surname, first name, email). Data relating to the operation of the Client’s Account/Member Area is deleted within 30 days of receipt of the deletion request.
For more details on the cookies used on the site, please refer to the Cookie Policy (EU) page.
These terms and conditions of sale and the operations arising from them are governed by and subject to French law. They are drafted in the French language. Should they be translated into one or more languages, only the French text shall be authoritative in the event of a dispute.
In accordance with Article 1530 of the French Code of Civil Procedure, in the event of difficulties raised by the performance, interpretation or termination of their contract, the parties may, prior to any litigation, submit their dispute to a mediator appointed by mutual agreement between the parties.
Should the parties have wished to submit their dispute to mediation and should that procedure fail, the parties will have the option of taking legal action. Should no amicable solution be found within a reasonable period, the Parties agree to grant exclusive jurisdiction to the Commercial Court of Lyon, 69003 LYON, FRANCE, including in summary proceedings and in the event of multiple defendants.
Version dated 23/11/2023