Definition

 

Terms and conditions: designates the present contract framing the conditions of use of the Site by the Customer;

 

Contents:   designates all the content made available to the Customer by STUDIO;

 

Course:  designates group and private lessons in person or online as well as any other similar practice (meditation, etc.) that can be booked from the Site, as defined in the Preamble;

 

Coaching session: designates personal development coaching sessions, life coaching, flash coaching or any other similar practice, as defined in the Preamble;

 

Workshop/Retreat: designates the workshops, retreats, as well as any other similar practice that can be booked from the Site, as defined in the Preamble;

 

Site:    refers to the website accessible at the address https://www.wellnessbyjade.fr/ ;

 

Client/Member:  designates any person who books a service on the Site and sails by Jade Bessé

 

The parts:

Between,

 

Owner status: Auto-Entrepreneur 

 

Company Director: Jade Bessé

 

Address: 55 rue de Varenne, 75007, PARIS

 

The company can be reached by email by clicking on the contact form accessible via the home page of the site.

 

Here in after “JADE BESSÉ”.

 

Firstly,

 

And the natural or legal person purchasing products or services from the company,

Hereinafter, “the Member”, or “the Client”

 

On the other hand,

 

Preamble

JADE BESSÉ is a publisher of yoga class products and services; Yoga workshop; Yoga/Coaching workshop; Yoga courses; Coaching session; marketed or not through its website (https://www.wellnessbyjade.fr).

 

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.

 

The services offered are those presented on the Site and in the studio.

 

The Site allows Jade Bessé to publish information on its activities related to yoga, coaching and to offer the reservation of yoga classes, workshops and/or retreats.

 

Use of the Site is subject to acceptance of the General Conditions by the Member. The General Conditions constitute a contract between Jade Bessé and the Member, who undertakes to respect them.

 

The Subscriber declares that he has the legal capacity to enter into a distance contract.

 

Article 1: object

These General Conditions of Sale and Use are concluded between JADE BESSÉ on the one hand, and on the other hand, any natural or legal person purchasing services on the Site (hereinafter referred to as "Member"). .

The act of reserving a service implies full and unreserved acceptance by the Subscriber of these Conditions, regardless of any provisions to the contrary that may appear on any document issued by the Subscriber.

 

The Subscriber or Customer acknowledges having read these General Conditions of Sale and Use at the time of any order and expressly declares to accept them without reservation.

 

JADE BESSÉ however reserves the right to modify its General Conditions of Sale and Use at any time. In this case, the applicable Conditions will be those in force on the date of the order.

 

The fact that JADE BESSÉ does not take advantage of one of the provisions of these General Conditions of Sale and Use does not constitute a waiver and does not deprive JADE BESSÉ of the possibility of taking advantage of it later.

 

Article 2 – General provisions

These General Conditions apply to all sales of Products or Services made through the JADE BESSÉ website and are an integral part of the Contract between the Member and JADE BESSÉ.

 

JADE BESSÉ reserves the right to modify these at any time by publishing a new version on its website. The GCS then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) of the order.

 

These T&Cs can be viewed on the Company's website at the following address: https://www.wellnessbyjade.fr/conditions-générales-de-vente

 

JADE BESSÉ also ensures that their acceptance is clear and unreserved at the time of purchase. The Customer declares to have read all of these General Terms and Conditions of Sale, and, where applicable, the Special Terms and Conditions of Sale related to a product or service, and to accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committing. Unless proven otherwise, the information recorded by JADE BESSÉ constitutes proof of all transactions.

 

Article 3 – Use of the Site

Compliance with the General Conditions:

 

The Member undertakes to use the Site and its functionalities only under the conditions defined herein and in addition:

 

• not to misuse the use of the Site for personal advertising purposes or product sales;

• not to commit any act of counterfeiting, not to reproduce, download, represent or modify, all or part of the Site for purposes other than those provided for herein;

• not to disrupt the proper functioning of the Site;

• not to disseminate by any means whatsoever via the Site illegal content or content that would contravene a law or regulation, the rights or interests of JADE BESSÉ or the rights or interests of third parties.

 

Caution :

 

The practice of yoga requires sufficient physical and mental condition. Yogis participating in JADE BESSÉ Classes are invited to choose a practice adapted to their level and to listen to their body during each Class in order to avoid accidents or injuries.

 

Article 4 – Price

The prices of the products sold through the websites are indicated in Euros  all taxes included (VAT + other possible taxes) on the product order page.

The prices of the services are those in force at the time of registration of the order by the Member.

The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the Company's websites are the responsibility of the Client.

 

Article 5 – Conclusion of the online contract

5.1 Conditions for booking a Course

 

The reservation is made directly on the Site.

 

Any reservation of a Lesson via the Site requires that the Customer identifies himself by providing the information requested from him in the reservation form. This information is necessary for the validation of the reservation of the Course by JADE BESSÉ.

 

This entry is made under the full responsibility, control and direction of the Member, who undertakes to communicate complete, accurate and up-to-date information, and not to usurp the identity of a third party, nor to hide or modify his age. The Client provides a valid and functional email address so that JADE BESSÉ can contact him regarding the reservation of his Lesson and/or for communication purposes (in accordance with the Privacy Policy). The User is informed that by reserving a Lesson on the Site, he is automatically subscribed to the JADE BESSÉ Newsletter.

 

 

5.2 Cancellation of a Course

 

The User has the possibility of canceling the reservation of the Lesson at most twenty-four (24) hours before the start of the said Lesson without penalty or reason. After this period, payment for the Lesson cannot be canceled by JADE BESSÉ.

 

The Member who wishes to cancel his reservation is invited to do so as soon as possible, in order to free up space for other yogis who may be interested.

 

Cancellation of a Lesson reservation by JADE BESSÉ: Any reservation for a session or a private or group lesson can be canceled by JADE BESSÉ until 2 hours before the time of the lesson or session by telephone or by email addressed to the Member. The corresponding Course Units may be reused until the expiry date of the booklet. The cancellation of a reservation after the deadline (after 2 hours before the lesson) cannot in any case give rise to any refund.

 

5.3 Specific conditions for booking a course, retreat, module or training

 

The Member who wishes to purchase such a service must:

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– complete the registration form on which he will indicate all the details requested or give his Member or Client number if he has one;

 

– return the registration form and the T&Cs by email after having checked them;

 

– make the payment under the conditions provided;

 

– confirm the service and its payment.

 

Any reservation implies express and irrevocable acceptance of the services, as well as these terms and conditions.

 

Registration implies acceptance of the Special General Conditions of Sale given to him at registration.

 

5.4 Conditions common to all reservations

 

The Subscriber acknowledges and expressly and irrevocably accepts the following:

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Certificate and Medical Certificate: The Member acknowledges having a perfect knowledge of the nature of the physical exercises practiced within the framework of the courses and sessions that he has ordered from JADE BESSÉ, and certifies on his honor that his physical constitution and his state of health allow him to practice sport in general, and more specifically to practice the activities ordered from JADE BESSÉ.

 

The Member releases JADE BESSÉ, its manager and its members from all claims and legal actions relating to injury or damage caused to his person and caused in any way whatsoever arising from or due to the activity carried out. The Member agrees to assume all the risks and all the consequences related to the activity exercised within JADE BESSÉ.

 

In any event, the Member undertakes to inform JADE BESSÉ of his medical history and to provide JADE BESSÉ with a medical certificate dated less than three months when the teachers require it. If the medical certificate indicates that the Subscriber is not fit to practice the activity ordered, JADE BESSÉ is entitled to terminate without notice or compensation the contractual relationship with the Subscriber concerned, who will be reimbursed for all or part of the services ordered on the basis of services already performed.

 

Loss and theft: The Subscriber acknowledges being informed that, within the premises of the location(s), the Subscriber deposits his personal belongings under his sole responsibility. JADE BESSÉ cannot under any circumstances be held responsible for the loss or theft of personal effects left by the Member. 

 

Assurance :the Subscriber acknowledges having been informed by JADE BESSÉ of the benefits of taking out a personal insurance policy covering the bodily injury to which their practice of sport may expose them in accordance with Article L 321-4 of the Code of sport.

 

Safety instructions :JADE BESSÉ cannot be held liable in the event of an accident resulting from failure to observe the safety instructions set out in particular by the teachers, or from the inappropriate use of the devices or other installations.

 

JADE BESSÉ, offering its Services remotely, is not in a position to assess the physical or mental capacities of Users using the Services, nor to check the information transmitted by them when registering or through the tests of assessment. JADE BESSÉ strongly recommends that the user consult their doctor in order to obtain a certificate of fitness to practice gymnastics. The User expressly acknowledges having been informed prior to the use of the Services.

 

Any other information, advice and/or results are not intended to constitute or replace medical advice.

 

JADE BESSÉ in no way guarantees a medical or sporting result.

 

JADE BESSÉ disclaims all liability in the event of accidents, injuries or damage of any kind that may result from the practice by Users of the exercises presented in the sessions or live sold on the Site.

 

Compliance with the safety instructions is the sole responsibility of the user concerned.

 

Service Exclusively Reserved for Capable Persons

 

Since the Services are linked to the purchase of paid Services, they are exclusively reserved for persons who are legally capable of concluding contracts. In particular, they are prohibited for minors under the age of 18.

 

 

Article 6 – Products and services

The essential characteristics of the services and their respective prices are made available to the Member on the company's websites. JADE BESSÉ undertakes to honor the Customer's reservation within the limit of available places only. Failing this, JADE BESSÉ informs the Customer.

 

This contractual information is presented in detail and in French.

 

In accordance with French law, they are the subject of a summary and confirmation during the validation of the order. The parties agree that the illustrations or photos of the services offered for sale have no contractual value. The period of validity of the offer of services as well as their prices is specified on the sales pages of the services, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of services. Except for special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the communicated email address).

 

Article 7 – Availability of the site

JADE BESSÉ will endeavor as far as possible to ensure that the Customer has access to the Site at all times, seven (7) days a week (7), twenty-four (24) hours a day.

 

Operation of the Site may be temporarily interrupted for any reason beyond the control of JADE BESSÉ, including in the event of force majeure, maintenance, updates or technical improvements, or to change its content and /or its presentation.

 

JADE BESSÉ is not responsible for non-functioning, impossibility of access, or poor conditions of use of the Site, nor for temporary or permanent interruption of the Site for any reason whatsoever.

 

JADE BESSÉ cannot be held responsible for any damage caused by the unavailability of the Site.

 

Reservations will be processed within the limits of available places or subject to reservations.

 

Article 8 – Payment of Courses

Payment is due immediately upon booking.

 

8.1 Methods of payment for the Courses

 

Payment for the Courses is made by credit card on the Site or in cash or check on site before the start of the service. At the studio, several means of payment are available: cash and checks.

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8.2 Default of Payment

 

JADE BESSÉ reserves the right to refuse to honor a service from a Member who has not fully paid for a previous service or with whom a payment dispute is in progress.

 

Article 9. Payment of Internships

9.1 Terms of Payment for Internships

 

The price and terms of payment for the Internships are constantly accessible on the Site.

The prices are indicated in euros and include VAT.

A deposit amount is paid to Jade Bessé upon delivery of the training contract or registration form.

 

The deposit paid implies acceptance of the conditions of participation.

 

Unless derogatory mentions or agreement with the Customer,the deposit is NON-REFUNDABLE.

 

The remaining amount can be made in 2, 3 or 4 installments by check or in its entirety in cash or by RIB according to the proposed methods.

The Customer must tick his or her choice of installment payment on the registration form.

 

An invoice is established at the end of the Internship or after the complete collection of the Internship.

 

9.2 Withdrawal period / Cancellation reimbursement of Internships

 

In accordance with article L 121-20 of the Consumer Code, the student is informed that he has a period of fourteen clear days from the signature affixed to the training contract and registration form to exercise his right of withdrawal, without penalty and without having to justify a reason.

 

The right of withdrawal can be exercised by email to the address: jadebessepro@gmail.com. When the right of withdrawal is exercised, JADE BESSÉ is required to reimburse the Customer for all sums paid, as soon as possible and at the latest within thirty days following the date on which this right was exercised.

 

Beyond that, the sum due is, as of right, productive of interest at the legal rate in force.

 

9.3 Cancellation by the participant

 

After the 14-day period, the cancellation must be made by registered letter with acknowledgment of receipt to the address 55 rue de Varenne, 75007, PARIS. Any refunds will be made within 30 days of receipt of this letter.

 

– Cancellation up to 60 days before the service: JADE BESSÉ will reimburse 30% of the amounts paid.

 

– Cancellation from 59 days to 31 days before the start of the service: JADE BESSÉ will refund 10% of the amounts paid.

 

– Cancellation from 30 days before the training, JADE BESSÉ will invoice 100% of the amount of the service.

 

If the participant does not show up for all or part of the face-to-face training, or if the participant leaves the training before the scheduled end, no refund will be possible, whatever the reason given, a service started being due in its entirety. The reduction of the duration of the service, whatever the reason, does not give rise to any reimbursement.

 

The student acknowledges having read the program as well as the conditions of sale which can be consulted on the JADE BESSÉ website and in the registration email.

In the event of absence from the training days by the student for personal or medical reasons, the sessions cannot be recovered from another promotion or reimbursed.

 

9.4 Cancellation by JADE BESSÉ

 

In the event that JADE BESSÉ is forced to cancel the service, for whatever reason, all sums paid will be refunded unless the participant agrees to change. The participant cannot then claim any additional compensation for damages.

 

9.5 Early termination

 

The reduction of the duration of the service, whatever the reason, does not give rise to any reimbursement.

 

A service started is due in full.

 

Any complaint must be sent to us by registered mail with acknowledgment of receipt no later than fifteen days after the end of the service. Beyond this period, no complaint will be considered.

 

The fact of registering for one of our services necessarily implies full adherence to our general conditions of sale and internal regulations.

 

Article 10 – Warranties

10.1 Computing and Freedom

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The Member or the Customer is informed that in accordance with the law n°78-17 of January 6, 1978, relating to data processing, files and freedoms, the information which he communicates by means of the forms present on the Site are necessary to respond to their requests and are intended for JADE BESSÉ, as data controller for administrative and commercial management purposes.

 

JADE BESSÉ undertakes that no personal information of the Member or the Customer will be published without their knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties.

 

In accordance with article 34 of law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, the Subscriber or the Customer has a right of access and rectification relating to the data. concerning him, right that they can exercise by writing to the following address: JADE BESSE – 55 RUE DE VARENNE – 75007 - PARIS

 

The Subscriber or Client has the right to lodge a complaint (complaint) with the CNIL in accordance with the entry into force on May 25, 2018 of the“General Data Protection Regulation“.

 

10.2 Cookies

 

The Site uses cookies. The cookie is a computer file stored on the hard disk of the customer's computer. Its purpose is to indicate a previous visit to the Site and therefore does not allow identification or constitute Personal Information. Cookies are only used by JADE BESSÉ for the purpose of personalizing the service offered. The Subscriber retains the possibility of opposing the recording of cookies by configuring his internet browser, which may result in the impossibility of accessing certain services.

 

Article 11 – Intellectual property rights

The Site is a protected work and remains the exclusive property of JADE BESSÉ, which created and put online the web pages, images and script sources, and the basic data composing it. Unless otherwise stated, JADE BESSÉ therefore holds the copyright on each of the pages making up the Site, on its tree structure and on each of the elements making it up: trademarks, logotypes, illustrations, drawings, models, photographs, images and more generally all other elements present on the Site, whether deposited or not.

 

Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the Site, whatever the means or process used, is prohibited, without the prior written authorization of JADE BESSÉ.

 

Any unauthorized use of the Site or of one of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of articles L. 335-2 and following of the Intellectual Property Code.

 

Article 12 – Force majeure

The performance of JADE BESSÉ's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance.

 

JADE BESSÉ will notify the client of the occurrence of such an event as soon as possible.

 

Article 13 – Nullity and modification of the contract

If one of the articles of these General Conditions of Sale and Use is deemed null or unenforceable, the validity or opposability of the other provisions of the General Conditions of Sale and Use will not be affected.

 

Article 14 – GDPR and modification of personal data

In accordance with the European regulations on the protection of personal data, you have the rights to query, access, modify, oppose and rectify the personal data concerning you. By adhering to these general conditions of sale, you agree that we collect and use this data for the execution of this contract.

 

Article 15 – Applicable law

All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.

These Conditions are subject to French law and governed by the French language for their interpretation.

 

Any dispute that may arise from the validity, interpretation, execution, termination, their consequences and their consequences of these General Conditions of Sale and Use will be subject to the exclusive jurisdiction of the French courts.

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