GENERAL TERMS AND CONDITIONS OF SALE
DEFINITION OF THE PARTIES
Between the company L.D.STUDIO 2 rue STEPHANOPOLI 20 000 Ajaccio with a share capital of €1,500, registered in the Ajaccio Trade and Companies Register, under the SIRET number 89842969100014, represented by Laure Dary in her capacity as Managing Director, duly authorized for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the home page of the site.
Hereinafter referred to as the « Seller » or the « Company ».
On the one hand,
And the individual or legal entity purchasing products or services from the Company,
Hereinafter referred to as the « Buyer » or « Customer ».
On the other hand,
The Vendor is a publisher of products and services marketed through its website (www.maisonoffwellness.com). In this context, the Company offers through its Site the sale of online sports content subscriptions, grouping together sports programs (« Your Face », « Slow Down », « Summer Wellness », « Abs & Booty », …) the list and description of the goods and services offered by the Company can be consulted on the aforementioned site as well as its sales pages.
ARTICLE 1 – PURPOSE
These General Terms and Conditions of Sale govern the rights and obligations of the parties in connection with the online sale of Products and Services offered by the Vendor.
ARTICLE 2 – GENERAL PROVISIONS
These General Terms and Conditions of Sale (GTCS) apply to all sales of Products or Services made through the Company’s website and form an integral part of the Contract between the Buyer and the Seller. The Vendor reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The terms and conditions then applicable are those in force on the date of payment (or of the first payment in the case of multiple payments) of the order. These GCS can be consulted on the Company’s website at the following address: www.maisonoffwellnesscom/legal. The Company also ensures that acceptance is clear and unreserved at the time of purchase. The Customer declares that he/she has read the present General Terms and Conditions of Sale, and any Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation. The Customer acknowledges that he/she has received the necessary advice and information to ensure that the offer meets his/her needs. The Customer declares that he/she is legally capable of entering into a contract under French law, or that he/she validly represents the individual or legal entity on whose behalf he/she is entering into a contract. In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions.
ARTICLE 3 – PRICES
The prices of products sold through the websites are indicated in Euros, exclusive of tax, and are precisely determined on the Product description pages. They are also indicated in euros including all taxes (VAT + any other taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Vendor. They are the responsibility of the purchaser (declarations, payment to the competent authorities, etc.). In this respect, the Vendor invites the purchaser to obtain information on these aspects from the relevant local authorities. The Company reserves the right to modify its prices at any time in the future. Any telecommunication costs incurred in accessing the Company’s websites shall be borne by the Customer. Where applicable, delivery charges are also payable by the Customer.
ARTICLE 4 – CONCLUSION OF ONLINE CONTRACT
The Customer must follow a series of steps specific to each Product or Service offered for sale by the Vendor in order to complete his order. However, the steps described below are systematic: – Information on the essential characteristics of the Product; – Choice of the Product and, if applicable, its options, and indication of the Customer’s essential data (identification, address, etc.); – Acceptance of these General Terms and Conditions of Sale. – Verification of order details and correction of any errors. – Follow-up of payment instructions and payment for products. – Delivery of products. The Customer will then receive confirmation by e-mail of payment of the order, as well as an acknowledgement of receipt of the order confirming it. The Customer will also receive a pdf copy of these terms and conditions. For delivered products, delivery will be made to the address indicated by the Customer. In order for the order to be processed correctly, the Customer undertakes to provide truthful identification details. The Vendor reserves the right to refuse the order, for example in the case of any abnormal request, made in bad faith or for any legitimate reason.
ARTICLE 5 – PRODUCTS AND SERVICES
The essential characteristics of the goods and services and their respective prices are made available to the purchaser on the company’s websites. The customer certifies that he has received details of delivery charges, as well as the terms of payment, delivery and performance of the contract. The Vendor undertakes to honour the Customer’s order within the limits of available stocks only. In the absence of such availability, the Vendor will inform the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are summarized and confirmed when the order is validated. The parties agree that illustrations or photos of products offered for sale have no contractual value. The period of validity of the offer of Products and their prices is specified on the sales pages of the products, as well as the minimum duration of the contracts proposed when these relate to a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted hereunder are solely those of the natural person signing the order (or the holder of the e-mail address communicated).
ARTICLE 6 – RETENTION OF TITLE CLAUSE
Products remain the property of the Company until full payment has been received.
ARTICLE 7 – DELIVERY TERMS
Products are delivered to the delivery address indicated when the order was placed and within the delivery time indicated. This delivery time does not include the time required to prepare the order. When the Customer orders several products at the same time, these may have different delivery times and be delivered by different means. The Vendor provides a point of contact by e-mail, indicated in the order confirmation e-mail, in order to follow up the order. The Vendor reminds you that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to the Customer.
ARTICLE 8 – AVAILABILITY AND PRESENTATION
Orders will be processed within the limits of our available stocks or subject to our suppliers’ available stocks.
ARTICLE 9 – PAYMENT
Payment is due immediately upon ordering, including for pre-ordered products. The Customer may pay by credit card only. Secure online payment by credit card is carried out by our payment service provider. The information transmitted is encrypted and cannot be read during transport over the network. Once payment has been made by the customer, the transaction is immediately debited once the information has been verified. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing his/her bank details at the time of sale, the Customer authorizes the Vendor to debit his/her card for the amount relating to the price indicated. The Customer confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately cancelled and the order cancelled.
ARTICLE 10 – WITHDRAWAL PERIOD
In accordance with article L. 121-20 of the French Consumer Code, « the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception, where applicable, of the cost of returning the goods ». « The period mentioned in the previous paragraph runs from receipt for goods or acceptance of the offer for services. The right of withdrawal may be exercised by contacting the Company by email or telephone. If the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and the cost of shipping will be reimbursed; the cost of returning the product(s) remains the responsibility of the Customer. Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition; if possible, they should be accompanied by a copy of the purchase receipt.
ARTICLE 11 – WARRANTIES
In accordance with the law, the Vendor assumes two warranties: of conformity and of hidden defects in the products. The Vendor will refund the purchaser or exchange products which appear to be defective or which do not correspond to the order placed. Requests for refunds must be made by contacting the Vendor by e-mail or by letter. The Vendor reminds you that the consumer has a period of 2 years from the date of delivery of the goods to take action against the Vendor – that he/she may choose between replacement or repair of the goods, subject to the conditions set out in the aforementioned provisions. Apparently defective or not corresponding – that he is exempted from proving the existence of the lack of conformity of the good during the six months following the delivery of the good. – that, except in the case of second-hand goods, this period will be extended to 24 months from March 18, 2016 – that the consumer may also invoke the warranty against hidden defects in the item sold under article 1641 of the French Civil Code, in which case he may choose between rescission of the sale or a reduction in the purchase price (provisions of articles 1644 of the French Civil Code).
ARTICLE 12 – COMPLAINTS
If necessary, the Buyer may make any complaint by contacting the company by e-mail or by letter.
ARTICLE 13 – INTELLECTUAL PROPERTY RIGHTS
Trademarks, domain names, products, software, images, videos, texts or, more generally, any information subject to intellectual property rights are and remain the exclusive property of the Vendor. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly forbidden.
ARTICLE 14 – FORCE MAJEURE
The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent such performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
ARTICLE 15 – NULLITY AND MODIFICATION OF THE CONTRACT
Should any of the stipulations of the present contract be null and void, such nullity shall not entail the nullity of the other stipulations, which shall remain in force between the parties. Any contractual modification is only valid after a written and signed agreement between the parties.
ARTICLE 16 – RGPD AND PROTECTION OF PERSONAL DATA
In accordance with the European regulation on the protection of personal data, you have the right to question, access, modify, oppose and rectify your personal data. By accepting these general terms and conditions of sale, you consent to the collection and use of such data for the performance of this contract.
ARTICLE 17 – APPLICABLE LAW
All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to herein, shall be governed by French law.