Terms and Conditions of Sale
GENERAL TERMS AND CONDITIONS OF SALE
PREAMBLE
These General Terms and Conditions of Sale (hereinafter the "General Terms and Conditions of Sale" or "GTC") apply to any purchase made by a natural person with consumer status (hereinafter the "customer") on the website: www.coeurnaturearcenciel.com (hereinafter the "Website") from the company CŒUR NATURE ARC EN CIEL (hereinafter "Cœur Nature"), with a capital of 8,888 euros, whose registered office is located at 6 rue des Vergers 21610 Chaume et Courchamp, and registered with the Trade and Companies Register of Dijon under number 931 479 315 , represented by Mrs. Anne DOMAIN, duly authorized for the purposes of these presents.
Email address: contact@coeurnaturearcenciel.com
Phone number: 0674572274
These General Terms and Conditions of Sale are intended to govern the sale and delivery of Services ordered by Customers from Cœur Nature via the Website.
They are accessible and printable at any time via a hyperlink available on the Website's homepage.
IMPORTANT
Any Order placed on the Website implies the Customer's unreserved acceptance of these General Terms and Conditions of Sale.
- Article. Definitions
The terms used below have, in these General Terms and Conditions of Sale, the following meaning:
"Customer": refers to the co-contractor of the Seller, who guarantees to have the quality of consumer as defined by French law and jurisprudence. As such, it is expressly provided that the Customer is a natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity.
"Order": refers to the purchase of Services by a Customer on the Website.
"Account": refers to the space dedicated to the Customer associated with all the data provided by the Customer, hosted on the Website. Access to the Account is done using the Customer's Identifiers.
"Identifiers": refers to the email address or the identifier chosen during registration and the password chosen by the Customer, necessary to access their Account on the Website.
"Services": refers to all the services marketed by Cœur Nature on the Website.
"Website": refers to the Seller's website accessible at the following address: www.coeurnaturearcenciel.com
"Territory": refers to Metropolitan France.
2. Purpose
These General Terms and Conditions of Sale govern the sale of Services by Cœur Nature via the Website.
The Customer is clearly informed and acknowledges that the Website is intended for consumers only.
Cœur Nature offers several types of services:
- Individual coaching, in person and remotely;
- Group workshops in person (maximum eight places) in locations chosen by Cœur Nature Arc en ciel and provided accordingly;
- Subscriptions to digital content.
3. Acceptance of the General Terms and Conditions
The Customer undertakes to carefully read these General Terms and Conditions of Sale and to expressly accept them before proceeding with the payment of an Order for Services placed on the Website.
These General Terms and Conditions are referenced at the bottom of each page of the Website via a link accessible at : www.coeurnaturearcenciel.com and must be consulted before placing the Order. The Customer is invited to carefully read, download, print the General Terms and Conditions of Sale and to keep a copy thereof.
Cœur Nature Arc en ciel advises the Customer to read the General Terms and Conditions of Sale with each new Order, as the latest version of said GTC applies to any new Order for Services.
By clicking on the "Add to cart" button to place the Order and then on the second "Validate order" button to confirm said Order, the Customer acknowledges having read, understood, and accepted the General Terms and Conditions without limitation or condition.
4. Ordering Services on the website
To purchase a Service, the Customer must be at least eighteen (18) years old and/or have legal capacity and be a consumer.
To purchase a Service on the Website, the Customer must be registered and logged into their Account.
Registration procedure
Any Customer has the option to register during their first visit to the Website to create an Account. Customer registration on the Website is free.
For the purpose of opening their Account, the Customer must:
- Choose an Identifier;
- Provide their email address;
- Choose a password.
Any incomplete registration will not be validated, which the Customer acknowledges and accepts.
The information that the Customer provides to Cœur Nature during registration must be complete, accurate, up-to-date, truthful and not misleading. Cœur Nature reserves the right to ask the Customer to confirm, by any appropriate means, their identity, eligibility and the information communicated.
Customers are informed and accept that the information entered for the purpose of creating or updating their Account constitutes proof of their identity. The information entered by Customers is binding upon validation.
The Customer undertakes to update this information in their Account without delay in the event of changes, so that it always meets the aforementioned criteria.
A Customer's registration automatically leads to the opening of an Account in their name, from which they can track their Orders and update their personal information.
The email address, or the identifier indicated during registration, and the password constitute the Customer's Identifiers.
The Customer may log in to their Account to change the password. The Customer is advised to change their password regularly.
Customers can access their Account at any time after logging in with their Identifiers.
Cœur Nature undertakes to securely retain all contractual elements whose retention is required by law or current regulations.
Identifier management
The Customer will be solely responsible for the use of their Identifiers or for actions performed through their Account.
In the event that a Customer discloses or uses their Identifiers in a manner contrary to their purpose, Cœur Nature may terminate access to the Account without notice or compensation.
Under no circumstances can Cœur Nature be held responsible in the event of identity theft of a Customer. Any access and action performed from a Customer's Account will be presumed to be performed by that Customer, inasmuch as Cœur Nature is not obligated and does not have the technical means to verify the identity of the persons accessing the Account.
Any loss, misappropriation, or unauthorized use of a Customer's Identifiers and their consequences are the sole responsibility of the Customer, who is required to notify Cœur Nature without delay, by email sent to the following address: www.coeurnaturearcenciel.com
- Unsubscription
The Customer may close their Account at any time by sending an email to: contact@coeurnaturearcenciel.com
Cœur Nature will deactivate the Account as soon as possible and will send the Customer an email confirming the closure.
In the case of ongoing Orders, these must be paid by the Customer and delivered by Cœur Nature.
5. Orders
Characteristics of Services
Cœur Nature undertakes to present the essential characteristics of the Services and the mandatory information that the Customer must receive under French legislation in a clear, legible and comprehensible manner and to verify their accuracy.
These characteristics and information appear on the Website.
Order procedureService Orders are placed directly on the Website. To place an Order, the Customer must follow the steps described below (please note, however, that depending on the Customer's starting page, the steps may differ slightly).
Selection of Services and purchase options
The Customer must select the Service(s) of their choice by clicking on the relevant Service(s). Once the Service is selected, it is placed in the Customer's cart. The Customer can then add as many Services as they wish to their cart.
Orders
Once the Services have been selected and placed in their cart, the Customer must click on the cart and verify that the content of their Order is correct (including the quantity, characteristics and references of the ordered Services, the billing address, the payment method and the price) before validating its content.
Once the Customer has validated the content of the cart and has identified / registered, an online form will appear, automatically completed and summarizing the price and applicable taxes.
The Customer can then proceed to payment for the Services, following the instructions on the Website and providing all necessary billing information.
For Services where options are available, these specific references appear when the correct options have been selected. Orders placed must include all information necessary for the correct processing of the Order.
Acknowledgement of receipt
Once all the steps described above are completed, a page appears on the Website to acknowledge receipt of the Customer's Order.
A copy of the order acknowledgment is automatically sent to the Customer by email, provided that the email address provided through the registration form is correct.
It is specified that the Order summary and the confirmation email can be saved and printed by the Customer.
Invoicing
During the Order process, the Customer must enter the information necessary for invoicing (the asterisk (*) will indicate the mandatory fields that must be filled in for the Customer's Order to be processed by Cœur Nature).
The Customer must also specify the chosen payment method.
The Customer will receive their invoice by email at the provided address.
For the subscription, the Customer can choose between annual lump sum payment or monthly fractional payment.
Price
For all Services, the Customer will find prices displayed on the Website in euros, including all taxes (TTC).
The prices including VAT notably include the Value Added Tax (VAT) at the rate in force on the date of Order. Any change in the applicable rate may impact the price of the Services from the effective date of the new rate.
The prices indicated are valid, unless there is a gross error. The applicable price is the one indicated on the Website on the date the Order is placed by the Customer.
6. Duration
For individual coaching
The duration of individual coaching is set at six (6) months from the Order on the Website; this period may be extended by an additional three (3) months. Any extension for an additional period, beyond the aforementioned nine (9) months, will be subject to invoicing at the rate in force at the time of the Order.
For group workshops
The service concerning the group workshop is deemed completed when the workshop has taken place.
For subscriptions
The content of the subscription will be available for the duration selected on the Website at the time of the Order.
The monthly subscription is without commitment. The Customer can cancel it at any time.
Right of withdrawal
The Customer has, in principle, a withdrawal period of fourteen (14) days from the validation of the Order, in the context of a distance sale.
To exercise his right of withdrawal, the Client must notify his decision to withdraw by means of an unambiguous statement (for example, letter sent by post, fax or e-mail) to the following address: contact@coeurnaturearcenciel.com
The right of withdrawal is excluded in the following cases:
- — For the supply of services fully performed before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, the performance of which has begun with his prior and express agreement and with his acknowledgement of the loss of his right of withdrawal, when the service has been fully performed by the professional;
- — For the supply of digital content not supplied on a tangible medium, the performance of which has begun before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, when:
- – He has given his express prior consent for the performance of the contract to begin before the expiry of the withdrawal period; and
- – He has acknowledged that he will lose his right of withdrawal; and
- – The professional has provided confirmation of the consumer's agreement in accordance with the provisions of the second paragraph of article L. 221-13 of the Consumer Code.
The right of withdrawal, for the Client, is structured as follows:
- Group workshops: The Client benefits from the right of withdrawal except in the case where the workshop takes place during the withdrawal period, i.e. fourteen (14) days from the order. In this case, the Client expressly waives it;
- Individual coaching: The Client benefits from the right of withdrawal except in the case where the workshop takes place during the withdrawal period, i.e. fourteen (14) days from the order;
- Subscription: The Client benefits from the right of withdrawal except in the case where the Client consumes the content (even in part) during the withdrawal period, i.e. fourteen (14) days from the order.
Cancellation conditions
For individual coaching
Following the first meeting, the Client or Cœur Nature may choose not to continue the Service.
In this case, the Service will be remunerated according to the duration of the Service.
For group workshopsNo refund will be granted in the following cases:
- unsubscribing from the workshop less than three (3) days before the scheduled date of the workshop;
- absence on the day of the workshop.
No cancellation will be accepted once the order has been placed on the Site.
Payment
The Client can pay for their Services online on the Site using the methods offered by Cœur Nature, i.e. by credit card.
The Client guarantees to the Seller that they have all the necessary authorizations to use the chosen payment method.
Cœur Nature will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the Site.
It is specified in this regard that all payment information provided on the Site is transmitted to the Site's bank and is not processed on the Site.
10. Liability and obligation of means
Liability
The Seller's liability cannot under any circumstances be invoked in the event of non-performance or improper performance of contractual obligations attributable to the Client, particularly when placing their Order.
Cœur Nature cannot be held responsible, or considered to have failed in these terms, for any delay or non-performance of one of its obligations described in these GTC, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the jurisprudence of French courts and tribunals.
It is also specified that Cœur Nature does not control the websites that are directly or indirectly linked to the Site. Consequently, it excludes all liability for the information published therein. Links to third-party websites are provided for informational purposes only and no guarantee is provided as to their content.
Obligations of means
Cœur Nature is bound by an obligation of means and not of result.
The content of the subscription and coaching cannot be assimilated to a health program linked to medical expertise. It is playful and recreational content based on the notion of well-being.
11. Force majeure
The Seller's liability cannot be invoked if the non-performance or delay in the performance of one of its obligations described in these GTC results from a case of force majeure.
There is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing its obligation.
If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies the termination of the contract. If the impediment is permanent, the contract is terminated ipso jure and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.
In the event of one of the aforementioned events occurring, Cœur Nature will endeavor to inform the Client as soon as possible.
12. Intellectual property
All visual and sound elements of the Site, including the underlying technology used, are protected by copyright, trademark law and/or patent law.
These elements are the exclusive property of the Seller or the latter benefits from a license allowing their commercial exploitation.
Any person who publishes a website and wishes to create a direct hypertext link to the Site must request the Seller's authorization in writing.
This authorization from the Seller will under no circumstances be granted definitively. This link must be removed at the request of the Seller. Hypertext links to the Site that use techniques such as framing or in-line linking are strictly prohibited.
Any representation or reproduction, total or partial, of the Site and its content, by any means whatsoever, without the express prior authorization of the Seller, is prohibited and will constitute an infringement sanctioned by the provisions of the Intellectual Property Code.
Acceptance of these GTC constitutes recognition by the Client of the Seller's intellectual property rights and a commitment to respect them.
13. Validity of the GTCAny modification of the legislation or regulations in force, or any decision by a competent court invalidating one or more clauses of these General Terms and Conditions of Sale shall not affect the validity of these General Terms and Conditions of Sale. Such a modification or decision in no way authorizes Clients to disregard these General Terms and Conditions of Sale.
These General Terms and Conditions of Sale apply to all Orders placed online on the Site, as long as the Site is available online.
The General Terms and Conditions are precisely dated and may be modified and updated by Cœur Nature at any time. The applicable General Terms and Conditions are those in force at the time of the Order.
Changes made to the General Terms and Conditions will not apply to Services already purchased.
14. Jurisdiction and applicable law
THESE GENERAL TERMS AND CONDITIONS, AS WELL AS THE RELATIONS BETWEEN THE CLIENT AND COEUR NATURE, ARE GOVERNED BY FRENCH LAW.
IN THE EVENT OF A DISPUTE RELATING TO THE CONCLUSION, INTERPRETATION, EXECUTION OR TERMINATION OF THIS CONTRACT, IT SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE DIJON JUDICIAL COURT, INCLUDING IN SUMMARY PROCEEDINGS OR BY APPLICATION, NOTWITHSTANDING MULTIPLE DEFENDANTS, INCIDENTAL CLAIMS, THIRD-PARTY CLAIMS, URGENT PROCEEDINGS, BY REFEREE OR BY APPLICATION.
However, prior to any legal action, the Client is invited to contact the Seller's complaints department.
If no agreement is reached or if the Client can demonstrate having first attempted to resolve their dispute directly with the Seller through a written complaint, an optional mediation procedure will then be proposed, conducted in a spirit of fairness and good faith with a view to reaching an amicable agreement when any conflict relating to these GTC arises, including concerning their validity.
Any consumer has the option of using the European online dispute resolution platform accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.
The party wishing to initiate the mediation process must first inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict.
As mediation is not compulsory, the Client or Coeur Nature may withdraw from the process at any time.
IN THE EVENT THAT MEDIATION FAILS OR IS NOT CONSIDERED, ANY DISPUTE THAT MAY HAVE GIVEN RISE TO MEDIATION WILL BE REFERRED TO THE COMPETENT COURT DESIGNATED ABOVE.