GENERAL CONDITIONS OF SERVICES |
These general conditions of sale (hereinafter the "General Conditions") apply to any order for services made by a natural person (hereinafter the "CUSTOMER") on the website https: //boutique.metanoiasante. com / (hereinafter the "SITE") with METANOIA, SARL registered in the trade and companies register RCS Reims under number 411 801 707, having its registered office 8 rue des Roses 51140 Jonchery-sur-Vesle, France Tel : +33 9 72 63 09 05, Fax:, email: contact@metanoiasante.com (hereinafter the "SERVICE PROVIDER").
Article 1. Definitions
The following terms have the following meanings in these Terms and Conditions:
"CUSTOMER": means the CONTRACTOR of the SERVICE PROVIDER, who guarantees that he is a consumer as defined by French law and jurisprudence. As such, it is expressly provided that this CLIENT acts outside any usual or commercial activity.
"SERVICES": refers to all services offered on the SITE.
"TERRITORY": refers to Metropolitan FRANCE (excluding DOM / TOM).
Article 2. Object
The purpose of these General Conditions is to establish the contractual provisions relating to the respective rights and obligations of the SERVICE PROVIDER and the CLIENT in the context of the execution of the SERVICES.
The CUSTOMER is clearly informed and acknowledges that the SITE is aimed at consumers and that professionals must contact the commercial service of the SERVICE PROVIDER in order to benefit from distinct contractual conditions
Article 3. Acceptance of the General Conditions
The CUSTOMER carefully reads the present and accepts them, before proceeding to the payment of a SERVICE order placed on the SITE.
These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CLIENT is invited to read carefully, download, print the General Conditions and to keep a copy.
The SERVICE PROVIDER advises the CUSTOMER to read the General Terms and Conditions for each new order, the latest version of these Terms applying to any new order for SERVICES.
By clicking on the first button to place the order and then on the second to confirm the said order, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Article 4. Order of SERVICES on the SITE
To be able to order a SERVICE, the CUSTOMER must be at least 18 years old and have the legal capacity or, if it is minor, be able to justify the agreement of its legal representatives.
The CLIENT will be invited to provide information to identify it by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be filled in for the CLIENT's order to be processed by the SERVICE PROVIDER. The CLIENT can check on the SITE the status of his order. The information that the CUSTOMER provides to the SERVICE PROVIDER during an order must be complete, accurate and up-to-date.
The information that the CUSTOMER provides to the SERVICE PROVIDER during an order must be complete, accurate and up-to-date. The SERVICE PROVIDER reserves the right to ask the CLIENT to confirm, by any appropriate means, his identity, his eligibility and the information provided.
Article 5. Orders
Article 5.1 Characteristics of products
The SERVICE PROVIDER undertakes to present the essential characteristics of the SERVICES (on the SITE) and the mandatory information that the CUSTOMER must receive under the applicable law.
The CLIENT undertakes to read this information carefully before placing an order on the SITE.
Unless otherwise expressly stated on the SITE, all the SERVICES offered by the SERVICE PROVIDER comply with the European legislation in force and the standards applicable in France.
Article 5.2. Order procedure
SERVICES orders are directly placed on the SITE. To place an order, the CUSTOMER must follow the steps described below (note however that depending on the CUSTOMER's start page, the steps may differ slightly).
5.2.1. Selection of SERVICES
The CLIENT will have to select the SERVICE of his choice by clicking on his description. Once the SERVICE is selected, the SERVICE is placed in the CLIENT's shopping basket. The latter can then add to his basket as many SERVICES as he wishes.
5.2.2. Orders
Once the SERVICES selected and placed in his basket, the CLIENT must click on the basket and check that the contents of his order is correct. If the CLIENT has not yet done so, he will then be asked to identify himself or to register.
Once the CUSTOMER has validated the contents of the cart and will have identified / registered, will be brought to his attention an online form completed automatically and summarizing the price, applicable taxes.
The CLIENT is invited to check the content of his order (including the quantity and references of the SERVICES ordered, the billing address, the means of payment and the price) before validating its contents.
The CUSTOMER may then proceed to the payment of the SERVICES by following the instructions on the SITE and providing all the information necessary for the invoicing and execution of the SERVICES.
For SERVICES for which options are available, these specific references appear when the right options have been selected. Orders placed must include all the information necessary for the proper processing of the order.
5.2.3. Acknowledgment of receipt
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CLIENT by email, provided that the email address provided through the registration form is correct.
The SERVICE PROVIDER does not send any order confirmation by post or fax.
5.2.4. Billing
During the ordering process, the CLIENT must enter the information required for billing (the sign (*) will indicate the mandatory fields to be filled in for the CLIENT's order to be processed by the SERVICE PROVIDER).
The CUSTOMER must also specify the means of payment chosen.
Neither the order form that the CLIENT establishes online, nor the acknowledgment of receipt of the order that the SERVICE PROVIDER sends to the CUSTOMER by e-mail constitutes an invoice. Whatever the order or payment method used, the CLIENT will receive the original invoice when the SERVICES is executed.
5.3. Date of the order
The date of the order is the date on which the SERVICE PROVIDER acknowledges receipt of the order online. The deadlines indicated on the SITE do not begin to run until this date.
Article 5.4. Price
For all SERVICES, the CUSTOMER will find on the SITE prices displayed in euros all taxes included.
Prices include in particular the value added tax (VAT) at the rate in effect on the date of order. Any change to the applicable rate may impact the price of the SERVICES as of the effective date of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the SERVICE.
The prices listed on the SITE may change, especially in case of offers or special sales.
The prices indicated are valid, except gross error. The applicable price is the one indicated on the SITE on the date when the order is placed by the CLIENT.
Nevertheless, in the event that the price of the SERVICE is not determined in advance, or when an exact price can not be indicated, the SERVICE PROVIDER will provide the CUSTOMER with a method of calculation of the price or a sufficiently detailed estimate.
Article 6. RIGHT TO RETRACT
Les modalités du droit de rétractation sont prévues dans la « politique de rétractation », politique disponible en Annexe 1 des présentes et accessible en bas de chaque page du SITE via un lien hypertexte.
Article 7. Payment
Article 7.1. Means of payment
The CUSTOMER may pay for his SERVICES online according to the means proposed by the SERVICE PROVIDER.
The CUSTOMER guarantees the SERVICE PROVIDER that he holds all the authorizations required to use the payment method chosen.
The SERVICE PROVIDER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the SITE.
It is specified that all payment information provided on the SITE is transmitted to the bank of the SITE and are not processed on the SITE.
Article 7.2. Payment date
The account of the CUSTOMER will be debited as soon as the order of SERVICES passed on the SITE.
Article 7.3. Delay or refusal of payment
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the Customer Service Provider to pay the order by any other means of payment.
In the event that, for whatever reason, opposition, refusal or other, the transmission of the flow of money due by the CUSTOMER would be impossible, the order will be canceled.
Article 8. Obligations of the parties
Article 8.1. Obligations of the CUSTOMER
In order to enable the SERVICE PROVIDER to perform his SERVICES under the best conditions, the CLIENT undertakes to:
Pay the price set on the SITE
Respect all laws and regulations in force
Notify the SERVICE PROVIDER of any information of which he may be aware that could have an impact on the execution of these General Conditions.
Article 8.2. Obligations of the SERVICE PROVIDER
The SERVICE PROVIDER undertakes, within the framework defined by these General Conditions, to implement all the means to allow the execution of the SERVICES ordered by the CLIENT.
Article 9. Proof and archiving
Any contract concluded with the CLIENT corresponding to an order of an amount exceeding 120 euros TTC will be archived by the SERVICE PROVIDER for a period of ten (10) years in accordance with Article L. 213-1 of the Consumer Code.
The SERVICE PROVIDER agrees to archive this information in order to monitor the transactions and produce a copy of the contract at the CLIENT's request.
In the event of a dispute, the SERVICE PROVIDER will have the opportunity to prove that his electronic tracking system is reliable and that he guarantees the integrity of the transaction.
Article 10. Responsibility
The liability of the SERVICE PROVIDER shall in no case be engaged in case of non-performance or improper performance of contractual obligations attributable to the CUSTOMER, especially when entering his order.
The SERVICE PROVIDER can not be held liable, or considered as having failed, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case law French courts and tribunals.
It is also specified that the SERVICE PROVIDER does not control the websites that are directly or indirectly related to the SITE. Consequently, it excludes any liability for the information published therein. Links to third party websites are provided for informational purposes only and no warranty is provided as to their content.
Article 11. Force Majeure
The liability of the SERVICE PROVIDER can not be implemented if the non-execution or the delay in the execution of one of its obligations described in the present CGS results from a case of absolute necessity.
There is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably be expected at the time of the conclusion of the contract and whose effects can not be avoided by appropriate measures, prevents the performance of its obligation by the debtor.
If the impediment is temporary, the performance of the obligation is suspended unless the delay resulting therefrom justifies the termination of the contract. If the impediment is final, the contract is automatically settled and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.
As such, the PROVIDER's liability can not be incurred, particularly in the event of an attack by hackers, the unavailability of equipment, supplies, spare parts, personal or other equipment, the interruption of electronic communications networks, and 'in case of occurrence of any circumstance or event outside the will of the SERVICE PROVIDER intervening after the conclusion of the CGS and by preventing the execution under normal conditions.
It is specified that, in such a situation, the PROVIDER can not claim the payment of any compensation and can not bring any action against the PROVIDER.
In case of occurrence of one of the aforementioned events, the SERVICE PROVIDER will endeavor to inform the CLIENT as soon as possible.
Article 12. Personal data
The SERVICE PROVIDER collects personal data about his CLIENTS on the SITE, including cookies. CUSTOMERS may disable cookies by following the instructions provided by their browser.
The data collected by the SERVICE PROVIDER is used to process orders placed on the SITE, to manage the CLIENT's account, to analyze the orders and, if the CUSTOMER has expressly chosen this option, to send him commercial prospecting letters, newsletters, promotional offers and / or special sales information, unless the CLIENT no longer wishes to receive such communications from the SERVICE PROVIDER.
The CLIENT's data are kept confidential by the SERVICE PROVIDER, for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email. The data may be communicated, in whole or in part, to the service providers of the SERVICE PROVIDER involved in the ordering process. For commercial purposes, the SERVICE PROVIDER may transfer to his business partners the names and contact details of his CLIENTS, provided that they have expressly given their prior consent when registering on the SITE.
The SERVICE PROVIDER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time or by contacting the SERVICE PROVIDER. The SERVICE PROVIDER may also ask his CUSTOMERS if they wish to receive commercial solicitations from his partners.
In accordance with the law n ° 78-17 of January 6, 1978 relating to computer files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of individuals to regarding the processing of personal data and the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation known as GDPR), the SERVICE PROVIDER ensures the implementation of the rights of persons concerned .
It is recalled that the CUSTOMER whose personal data are processed benefits from the rights of access, rectification, updating, portability and deletion of information concerning him, in accordance with the provisions of Articles 39 and 40 of the the amended Data Protection Act and the provisions of Articles 15, 16 and 17 of the European General Regulation on the Protection of Persons (RGPD).
In accordance with the provisions of Article 38 of the amended Data Protection Act and the provisions of Article 21 of the RGPD, the CUSTOMER may also, for legitimate reasons, oppose the processing of data concerning him, without cause and without fresh.
The CUSTOMER may exercise these rights by sending an e-mail to the address: contact@metanoiasante.com or by sending a letter to 8 rue des Roses 51140 Jonchery-sur-Vesle.
It is specified that the CLIENT must be able to prove his identity, either by scanning an identity document or by sending a photocopy of his ID to the SERVICE PROVIDER.
Article 13. Complaints
The SERVICE PROVIDER makes available to the CUSTOMER a "Customer Telephone Service" at the following number: +33 9 72 63 09 05 (non-surcharged number). Any written complaint from the CLIENT must be sent to the following address: 8 rue des Roses 51140 Jonchery-sur-Vesle.
Article 14. Intellectual property
All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark law and / or patents.
These elements are the exclusive property of the SERVICE PROVIDER. Anyone who publishes a website and wishes to create a direct hypertext link to the SITE must request the authorization of the SERVICE PROVIDER in writing.
This authorization of the PROVIDER will not be granted in a definitive way. This link must be deleted at the request of the SERVICE PROVIDER. Hypertext links to the WEBSITE using techniques such as framing or in-line linking are strictly prohibited.
Any representation or reproduction, total or partial, of the SITE and its contents, by whatever process, without the express prior authorization of the SERVICE PROVIDER, is prohibited and will constitute an infringement sanctioned by the articles L.335-2 and following and articles L.713-1 and following of the Intellectual Property Code.
The acceptance of the present CGS is worth recognition by the CLIENT of the intellectual property rights of the PROVIDER and commitment to respect them.
Article 15. Validity of the General Conditions
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions can not affect the validity of these General Conditions. Such modification or decision does not authorize the CUSTOMERS to disregard these General Conditions.
Any conditions not expressly dealt with herein shall be governed by the use of the retail trade sector for companies whose head office is in France.
Article 16. Modification of the General Conditions
These General Conditions apply to all SERVICES orders made online on the SITE, as long as the SITE is available online.
The General Terms and Conditions are accurately dated and may be modified and updated by the SERVICE PROVIDER at any time. The applicable General Conditions are those in force at the time of the order.
Changes to the Terms and Conditions will not apply to SERVICES already purchased.
Article 17. Jurisdiction and applicable law
These General Conditions as well as the relations between the CUSTOMER and the SERVICE PROVIDER are governed by French law.
In case of dispute, only the French courts will be competent.
However, prior to any recourse to the arbitration judge or state, the Customer is invited to contact the service provider of the SERVICE PROVIDER.
If no agreement is found, then an optional mediation procedure, conducted in a spirit of loyalty and good faith, will be proposed to reach an amicable settlement upon the occurrence of any conflict relating to this contract, including on its validity.
To initiate this mediation, the CLIENT can contact the mediator of the PROVIDER: Medicys, whose contact details are: 73 boulevard de Clichy, 75009 Paris and can be entered via this link: https://conso.medicys.fr/.
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict
Since mediation is not mandatory, the CLIENT or the SERVICE PROVIDER may withdraw from the process at any time.
In the event that the mediation fails or is not envisaged, the dispute that may have given rise to a mediation will be entrusted to the competent jurisdiction designated above.
ANNEX 1
RULES FOR EXERCISING THE RIGHT OF WITHDRAWALThe CUSTOMER has the right to withdraw from this contract without giving any reason within a period of fourteen days.
Withdrawal period
The withdrawal period expires fourteen (14) calendar days after the day of the conclusion of the contract between the SERVICE PROVIDER and the CLIENT.
Notification of the right of withdrawal
To exercise his right of withdrawal, the CUSTOMER must notify his decision to retract by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail) to: 8 rue des Roses 51140 Jonchery- sur-Vesle or contact@metanoiasante.com.
He can also use the form below:
RETRACTATION FORM
To the attention of [*] (* Contact details of the SERVICE PROVIDER)
PROVIDER'S Phone Number *:
PROVIDER's fax number *:
PROVIDER's e-mail address *:
I hereby notify you of my retraction of the contract for the sale of the PRODUCT below:
BENEFIT reference
N ° of the invoice:
N ° of the purchase order:
- Ordered on [________________] / received on [________________]
- Payment method used:
- Name of the CLIENT and, if applicable, the beneficiary of the order:
- CUSTOMER address:
- CLIENT's signature (except in case of transmission by email)
- Date
In order for the withdrawal period to be respected, the CUSTOMER must transmit his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of the retraction
In the event of withdrawal by the CUSTOMER, the SERVICE PROVIDER undertakes to reimburse all amounts paid without undue delay and, in any event, no later than fourteen (14) days from the day the SERVICE PROVIDER is informed. the CLIENT's desire to retract.Article L.221-24 of the Consumer Code).
The SERVICE PROVIDER will refund using the same means of payment that the CUSTOMER will have used for the initial transaction, unless the CUSTOMER expressly agrees to a different means, in any case, the reimbursement will not cause costs to the customer. If the CUSTOMER has requested to begin the performance of the SERVICE during the withdrawal period, the CUSTOMER must pay the SERVICE PROVIDER an amount proportional to what was provided until the moment of its withdrawal, this amount being calculated in relation to the all the benefits provided for in the CONTRACT.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following hypotheses:
Supply of goods or services whose price depends on fluctuation on the financial market
Supply of goods made according to the specifications of the CLIENT or clearly personalized
Supply of goods likely to deteriorate or expire rapidly
Provision of audio or video recordings or sealed software that have been unsealed after delivery
Journal, periodical, magazine (except subscription contract)
Provision of non-residential accommodation, goods transportation, car rental, catering or recreation related services if the offer provides for a specific date or period of execution
Supply of goods which by their nature are inseparably mixed with other articles
Supplies of sealed goods that can not be returned for reasons of health protection or hygiene and have been unsealed by the CLIENT after DELIVERY
The supply of alcoholic beverages, the price of which has been agreed at the time of the conclusion of the contract of sale, the delivery of which can only be made after 30 days and the actual value of which depends on fluctuation in the market beyond the control of the SERVICE PROVIDER
Provision of digitized non-provided digital content if the performance has begun with the prior express consent of the consumer, who has also acknowledged that he will thus lose his right of withdrawal
Contracts entered into at a public auction