ALCHEMY & RITUALS

Thea Face Yoga

P and V
Bremontier Street
40660 Moliets

 

1.  Scope of the general conditions of sale

These conditions of sale are intended  to  to define the conditions  of sales of services and/or goods between the cooperative , les  entrepreneur-es et  leurs  client-es.  Toute_cc781905-5cde-3194- bb3b-136bad5cf58d_ validation de devis, contrat  de prestation  de  service  ou_cc781905-5cde-3194- bb3b-136bad5cf58d_ de  commande  de  vente  de  marchandises_cc781905- 5cde-3194-bb3b-136bad5cf58d_ entails full and unreserved acceptance by the customer of these general conditions of sale.

Any entrepreneur, because of his specific activities, may be required to write specific sales  conditions ; ces dernières seront stipulées sur les contrats et/ou  bon  de  commande et  peuvent_cc781905-5cde- 3194-bb3b-136bad5cf58d_ present  additional features to be accepted with these conditions.

 

2. Prices and quotes

The estimate(s) made by the contractors  have a validity expiry date which is noted on the latter(s).

In accordance with law 2014-344 of March 17, 2014 art. 34:

•  les  prix  sont  indiqués  en_cc781905-5cde- 3194-bb3b-136bad5cf58d_ euros,  nets,  hors  taxes  et_cc781905-5cde-3194 -bb3b-136bad5cf58d_droits  divers  et  will be increased by the value added tax at the applicable rate;

•  the costs of  transport and packaging are indicated in addition  on the same condition as the prices;

•  les  caractéristiques  des  biens  ou_cc781905-5cde- 3194-bb3b-136bad5cf58d_ des  services  sont  présentées  dans  a description which will be sent with the quote and then upon confirmation (contract, or order form and/or invoice);

•  the time frame within which the contractor undertakes to perform the service or to send -bb3b-136bad5cf58d_ ainsi  que  ses  coordonnées  (adresse,_cc781905-5cde-3194-bb3b -136bad5cf58d_ telephone, email) are communicated in the quotes and contracts.

En  cas  de  souscription  à  une_cc781905-5cde-3194 -bb3b-136bad5cf58d_ prestation  de  formation,  une  convention_cc781905-5cde-3194-bb3b- 136bad5cf58d_ will be drawn up and signed between the parties.

 

3. Discount

Our conditions of sale do not provide for a discount for early payment.

 

4. Terms of payment

Payment for orders is made to Théa Face Yoga:

• either by check specifying the order in the name of Théa Face Yoga;

• either by species;

• either by bank transfer to the Théa Face Yoga account
• either online via Stripe on our  website hosted by Podia 

If necessary, other means of payment may be specified in the quote or the contract.

A deposit may be provided when the quote or contract is signed and mentioned on the said documents. The balance will be paid according to the provisions set out in article 5.

 

5. Payment deadlines

In the absence of special provisions provided for in the estimate or in the contract, payment is made upon receipt of the invoice. 

In all cases, payment deadlines are made within the framework of the law, namely:

• the deadline agreed between companies to settle the sums due may not exceed 45 days from the end of the month or 60 days from the date of issue of the invoice;

• in the case of a periodic (summary) invoice, the payment period cannot exceed 45 days from the date of issue of the invoice.

 

6. Late payment

Any delay in payment will give rise, without any formal notice being necessary, to the payment of late payment penalties on the basis of the BCE rate increased by ten (10) points and to the payment of a fixed indemnity for recovery costs of 40 euros.

 

7. Termination clause

If within fifteen (15) days following the implementation of the "Late payment" clause, the buyer has not paid the sums remaining due, the sale will be automatically canceled and may give rise to the damages for the benefit of Théa Face Yoga.

 

8. Retention of title – transfer of custody

L'acquéreur  ne  devient  propriétaire  des  marchandises qu' after payment of the full price and its accessories. The  transfer of custody of the goods applies upon delivery of the products to the carrier of the products if the customer has chosen their carrier. If the carrier is chosen by the seller, the transfer of custody will apply upon receipt of the goods.

 

9. Delivery time

The customer has been  informed of delivery times for goods or performance dates 5cde-3194-bb3b-136bad5cf58d_ de  services  avant  la  signature_cc781905-5cde-3194-bb3b -136bad5cf58d_ du  contrat  or  confirmation of the sale (see art 3).

It is the customer's responsibility to check incoming shipments. If the products delivered do not conform in kind or in quality to the specifications indicated on the delivery note, the customer must file a complaint by post LRAR within 8 days of delivery.

Si  un  dommage  est  constaté  sur_cc781905-5cde-3194 -bb3b-136bad5cf58d_ une  marchandise  acheminée  par  un transporteur  du  choix  du-de la  client-e,  l'endommagement_cc781905-5cde-3194 -bb3b-136bad5cf58d_ ou  la  perte  devra  être supportée  par  le-la client-e.  Dans  le  cas_cc781905-5cde-3194-bb3b -136bad5cf58d_ où  c'est  le-la  vendeur-se  qui_cc781905-5cde-3194- bb3b-136bad5cf58d_ a  chose  the carrier, the responsibility for the goods lies with him until the physical receipt of the goods by the customer.

 

10. Right of withdrawal

In accordance with article L121-21 of the Consumer Code, any buyer has a right of withdrawal of 14 days from receipt of the product, allowing him to return the product without having to justify reasons. nor to pay a penalty. Products must not have been subject to extended wear, been washed or  damaged et 0_cc754c-de must -bb3b-136bad5cf58d_ être  retournés  intacts  avec  leurs  éventuels accessoires,  manuels  d'utilisation  et  autre  documentation .  Ce  period  of withdrawal runs from the conclusion of the contract or receipt of the order_cc781905-1-954-de-3 bb3b-136bad5cf58d_ des  goods. Pour  renoncer  à  son  engagement  l'acheteur-se_cc781905 -5cde-3194-bb3b-136bad5cf58d_ doit envoyer  une  lettre  recommandée  avec_cc781905-5cde-3194 -bb3b-136bad5cf58d_ accusé  de  réception  et  renvoyer  les marchandises  à  ses  frais accompagné d'un  bordereau  de_cc781905 -5cde-3194-bb3b-136bad5cf58d_ rétractation  ou  de  retour  des marchandises._cc781905-5cde -3194-bb3b-136bad5cf58d_ Le  paiement  qui  a  été_cc781905-5cde-3194-bb3b- 136bad5cf58d_ effectué  sera  remboursé  15  jours  après_cc781905-5cde- 3194-bb3b-136bad5cf58d_ la  réception  du  bordereau  de  withdrawal  and/or  of receipt of returned goods.

Il  est  rappelé  que  tous  les_cc781905-5cde-3194 -bb3b-136bad5cf58d_ produits  peuvent  être  retournés,  à_cc781905-5cde-3194-bb3b- 136bad5cf58d_ l'exception  des produits  listés  à  l'article_cc781905-5cde-3194-bb3b- 136bad5cf58d_ L121-21-8  du  Code  de  la  Consumption.  

 

11. Cancellation of order

• by the customer

In the event of cancellation of an order, excluding the withdrawal period, due to the customer, Théa Face yoga may invoice compensation equal to 30% of the amount of the order, intended to cover the costs of projects, studies and administrative costs, as well as the amount of work already carried out or having been the subject of a start of work as well as the price of the goods 3194-bb3b-136bad5cf58d_ et  n'ayant  fait  l'objet  d'aucun_cc781905-5cde -3194-bb3b-136bad5cf58d_ retour  according to  the indications given in the previous paragraph.

• by Théa Face Yoga

The responsibility of Théa Face Yoga cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in -136bad5cf58d_ conditions  générales  de  vente  découlent  d'un_cc781905 -5cde-3194-bb3b-136bad5cf58d_ cas  de  force majeure.  À  ce_cc781905-5cde -3194-bb3b-136bad5cf58d_ titre,  la  force  majeure  s'entend_cc781905-5cde- 3194-bb3b-136bad5cf58d_ de  any  event  outside, unforeseeable and irresistible article 1 of the Civil Code 1.1.8

 

12. Warranty and Liability

Théa Face yoga dispose  d'une  assurance  Multi-garantie  Activité professionnelle porteurs de projet_cc781905-5cde -3194-bb3b-136bad5cf58d_ with Macif 79037 Niort cedex 9.

Any incident, the cause of which  cannot be proven by the customer, or which will be the consequence  in particular  of_05-cc781 5cde-3194-bb3b-136bad5cf58d_ conditions  d'exploitation  non  conformes  ou différentes de celles prévues to the estimate, modification of the thing or its destination by the customer, lack of maintenance or  another case of force majeure,_cc781905-5cde-3194-bb3b- 136bad5cf58d_ ainsi  que  toutes  les  conséquences  de_cc781905-5cde- 3194-bb3b-136bad5cf58d_ cet  incident,  will remain exclusively the responsibility of the customer.

 

13. Protection of personal data

In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, and in order to manage quotes, invoices and payments, send emails and letters, Théa Face Yoga collects data.
 

Collected mainly at the time of prospecting, the quote or the invoice, they are strictly limited to the purposes set out above and kept for a period in accordance with legal provisions or proportional to the purposes for which they were recorded._cc781905-5cde-3194 -bb3b-136bad5cf58d_

They are not subject to any resale or transmission to unintended recipients.

Any complaints should be filed with the National Commission for Computing and Liberties (CNIL):  https://www.cnil.fr/fr/plaintes

 

14. Dispute

Tout  litige  relatif  à  l'interprétation  et_cc781905-5cde -3194-bb3b-136bad5cf58d_ à  l'exécution  des  présentes  conditions générales de vente est soumis to French law. À  défaut  de  résolution  amiable,  le_cc781905-5cde -3194-bb3b-136bad5cf58d_ litige  sera  porté  devant  le_cc781905-5cde-3194-bb3b- 136bad5cf58d_ Court  of commerce of Mont de Marsan.

 

Article 1 - Scope

These General Terms and Conditions of Sale (known as GTC) apply without restriction or reservation to any purchase of services
following:
Bootcamp online program
Online Face Yoga Monthly Subscriptions
Oralift service
Online and face-to-face Face Yoga service  as offered by  Théa Face Yoga to non-professional clients on the site https://www.theafaceyoga.com
The main characteristics are presented on the website https://www.theafaceyoga.com
The customer is required to take possession of it before placing an order. The choice and purchase of a service is the sole responsibility of the customer.

These GCS are accessible at any time on the site https://www.theafaceyoga.com et will prevail over any other document.
The customer declares to have read these GCS and to have accepted them by checking the box provided for this purpose before the implementation of the order procedure on the site https://www.theafaceyoga.com

Unless proven otherwise, the data recorded in the service provider's computer system constitutes proof of all transactions concluded with the client.

The contact details of the service provider are as follows:
Thea Face Yoga Association
Anne Ferrandez
P and V
Bremontier Street
40660 Moliets
Thea.totem@gmail.com
tel 06 76 03 21 92

Article 2 - Price

The services are provided at the rates in force on the site https://www.theafaceyoga.com  when the service provider registers the order.

Prices are expressed in Euros, excluding and including tax.

The rates take into account any reductions that may be granted by the service provider on the site https://www.theafaceyoyga.com

These prices are firm and not subject to revision during their period of validity, but the service provider reserves the right, outside the period of validity, to modify the price at any time.

The payment ordered to the customer corresponds to the total amount of the purchase.

An invoice is drawn up by the service provider and given to the customer when the services ordered are provided.

Article 3- Order

It is up to the customer to select on the site https://www.theafaceyoga.com  the services he wishes to order, according to the following terms:

the customer chooses a service, becomes a member of the association by registering to access the services and pays by secure payment method.

The sale will only be considered valid after full payment of the price. It is the customer's responsibility to verify the accuracy of the order and to immediately report any errors.

Any order placed on the site https://www.theafaceyoga.com  constitutes the formation of a contract concluded at a distance between the customer and the service provider.

The service provider reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.

The customer can follow the progress of his order on the site.

Monthly subscriptions are renewed  automatically from one month to the next, but a simple click in the customer's account settings deactivates this function.

Article 4 - Terms of payment

The price is paid by secure payment. Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the site.
https://www.theafaceyoga.com

Payments made by the customer will only be considered final after effective collection of the sums due by the service provider.

The service provider will not be required to provide the services ordered by the customer if the latter does not pay the full price under the conditions indicated above.
 
Article 5 - Provision of services

The services ordered by the customer will be provided according to the following terms:

Monthly subscriptions and online Bootcamp: immediate access after receipt of payment

oralift and personalized services, online or face-to-face: appointment made after receipt of payment.

Vibratory elixir: 2 months after receipt of payment.

Said services will be provided within a maximum period of 2 months (for tailor-made services)  from the final validation of the customer's order, under the conditions provided for in these GCS at l address indicated by the customer when ordering on
the site https://www.theafaceyoga.com

The service provider undertakes to make its best efforts to provide the services ordered by the customer, within the framework of an obligation of means and within the time limits specified above.

If the services ordered have not been provided within 2 months after the indicative date of supply, for any reason other than force majeure or the customer's fault, the sale of the services may be canceled at the customer's written request. under the conditions provided for in Articles L 216-2, L 216-3 and L 241-4 of the Consumer Code. The sums paid by the customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.

In the event of a special request from the customer, concerning the conditions for the provision of services, duly accepted  in writing by the service provider, the costs relating thereto will be subject to specific additional invoicing. later.

In the absence of reservations or complaints expressly made by the customer upon receipt of the services, these will be deemed to comply with the order, in quantity and quality.

The customer will have a period of seven days by email to thea.totem@gmail.com  from the provision of the services to issue complaints with all supporting documents relating thereto, with the service provider.

No complaint can be validly accepted in the event of non-compliance with these formalities and deadlines by the customer.

The service provider will reimburse or rectify as soon as possible and at its own expense the services for which the lack of conformity has been duly proven by the customer.

Article 6 - Right of withdrawal

Given the services provided, orders placed by the customer do not benefit from the right of withdrawal.
The contract is therefore definitively agreed as soon as the order is placed by the customer according to the terms specified in these GCS.

Article 7 - Liability of the service provider - Guarantees

The service provider guarantees, in accordance with the legal provisions and without additional payment, the customer against any lack of conformity or hidden defect, resulting from a defect in the design or performance of the services ordered under the conditions and according to the following methods:

Provisions relating to legal warranties

Article L 217-4 of the Consumer Code
"The seller is required to deliver a good that complies with the contract and is liable for defects of  conformity existing at the time of delivery.
He also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

Article L 217-5 of the Consumer Code
"The property is in accordance with the contract:
1/ If it is specific to the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2/ Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.

Article L 217-12 of the Consumer Code
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods".

Article l 217-16 of the Consumer Code
"When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the good in question, if this provision is subsequent to the request
intervention".

In order to assert his rights, the customer must inform the service provider in writing (mail thea.totem@gmail.com ), the existence of defects or lack of conformity.

The service provider will reimburse or rectify or have rectified (as far as possible) the services deemed to be defective as soon as possible and at the latest within 14 days following the observation by the service provider of the defect or defect. This refund can be made by bank transfer.

The service provider's guarantee is limited to reimbursement of the services actually paid for by the customer.

The service provider cannot be considered responsible or in default for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French case law.

The services provided through the site https://www.theafaceyoga.com  of the service provider comply with the regulations in force in France. The liability of the service provider cannot be engaged in the event of non-compliance with the legislation of the country in which the services are provided, which it is up to the customer, who is solely responsible for the choice of the services requested, to verify.

Article 8 - Personal data

The customer is informed that the collection of his personal data is necessary for the sale of the services and their performance and delivery, as well as their transmission to third parties involved in the performance of the services. These personal data are collected only for the execution of the contract for the provision of services.

8.1 Collection of personal data

the personal data collected on the site https://www.theafaceyoga.com  are as follows:

Account opening
When using and creating the account / user:
surname first name mailing address phone number email address

Payment
As part of the payment of the services offered on the site https://www.theafaceyoga.com, it records financial data relating to the customer's/user's bank account or credit card.

8.2 Recipients of personal data
 
Personal data is reserved for the sole use of the service provider and its employees.
 
The data controller is the service provider, within the meaning of the Data Protection Act and from May 25  2018 of Regulation 2016/679 on the protection of personal data.
 
8.3 Limitation of processing

Unless the customer expresses his express agreement, his personal data is not used for advertising or marketing purposes.

8.4 Duration of data retention

The service provider will keep the data thus collected for a period of 5 years, covering the time of the prescription of the applicable contractual civil liability.

8.5 Security and privacy

The service provider implements organisational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the service provider cannot guarantee the security of the transmission or storage of information on the Internet.

8.6 Implementation of customer and user rights

In application of the regulations of the rights applicable to personal data, customers and users of the site https://www.theafaceyoga.com  have the following rights:
-they can update or delete the data concerning them as follows:
by logging into their user account, in the settings;
-They can delete their account by writing to the email address indicated in article 9.3 "Data controller".
-If the personal data held by the service provider is inaccurate, they may request that the information  be updated by writing to the email address indicated in article 9.3 "Data controller".
-they can request the deletion of their personal data, in accordance with applicable data protection laws
data by writing to the e-mail address indicated in article 9.3 "Data controller".
-They can also request the portability of the data held by the service provider to another service provider
-Finally, they can object to the processing of their data by the service provider.

These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by email to the data controller whose contact details are given above.

The controller must provide a response within a maximum of one month.

In the event of refusal to grant the client's request, the latter must be motivated.

The customer is informed that in case of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy 75007 Paris) or seize a judicial authority.

The customer may be asked to tick a box in respect of which he agrees to receive emails of a
information and advertising from the service provider. He will always be able to withdraw his consent at any time by contacting the service provider or by following the unsubscribe link.

Article 9 - Intellectual property

The content of the site https://www/theafaceyoga.com  is the property of the seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

Article 10 - Applicable law - Language

These T&Cs and the resulting operations are governed by and subject to French law.

These T&Cs are written in French. In the event that they would be translated into one or more foreign languages, only the French text would be law in the event of a dispute.

Article 11- Disputes

For any complaint, please contact customer service at the service provider's email address indicated in article 1 of these GCS.

The customer is informed that he can in any case resort to conventional mediation, with existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation for example) in the event of a dispute.

In this case, the appointed mediator is Bayonne-mediation.com

The customer is also informed that he can also use the Online Dispute Resolution (RLL) platform.
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
 
All disputes to which the purchase and sale transactions concluded in application of these GCS and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of rights. common.