General conditions of online sale
Effective January 18, 2023.
Article 1 - Content and scope
The purpose of these General Terms and Conditions of Sale (GTC) is to define the rights and
obligations of the parties under the contract for the online sale of products and services
offered by the Seller to the Customer.
The contact details and identity of the Seller are as follows:
Coach OriGin (EI), your SIRET number 78853556500014, at the address Chemin de la
Buffette, 34980 St Clément de Rivière, and at the following telephone numbers:
07 49 to 2 92 72, email: coachorigin@gmail.com.
The Seller notably ensures the marketing of the coaching services by
through the website www.coachorigin.com (the Site).
The services offered for sale by COACH ORIGIN include support for
3 to 6 months in individual appointments every two weeks.
These General Conditions of Sale are applicable to all sales of services
by the Seller through the website www.coachorigin.com.
Article 2 - Opposability
The Customer declares to have read these general conditions of sale and the
have accepted before its immediate purchase or the placing of its order.
The Customer acknowledges being of legal age and having the capacity to contract.
In this respect, they are enforceable against it in accordance with the terms of article 1119 of the Civil Code.
These T&Cs may be modified at any time by the Seller by publishing a
new version on the Site. The T&Cs opposable to the Customer are those in force at the time
from the date of validation of the order.
The Seller and the Customer agree that the photos of the services for sale on the Site do not have
of contractual value.
Article 3 - Pre-contractual information
The Customer acknowledges having had communication, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in articles L. 111-1 and L 111-2 of the Consumer Code.
Thus, the essential characteristics and the prices of the products and services sold through
electronic are available on the Site, as well as information relating to the identity of the
Seller, to his postal, telephone and electronic contact details and to his activities, to the
functionalities of the digital content and, where applicable, its interoperability, information relating to legal guarantees, the possibility of using a consumer mediator and other contractual conditions, in accordance with Articles R. 111-1, R. 111 -2 and L. 221-11 of the Consumer Code.
Article 4 - Duration
The sales contract comes into force on the date of validation of the order and is concluded for the duration necessary for the provision of the services, until the expiry of the guarantees and obligations due by the Seller.
Article 5 - Order
In order to place the order, the Customer must access the Site, follow the instructions, complete the
order form, check the elements of the order and, if necessary, correct errors.
The services offered for sale on the Site are the subject of a description carried out with the greatest
care and accuracy possible. Minimal variations in their representation and
description can not engage the responsibility of the Seller.
For the order to be validated, the Customer must accept, by clicking in the place indicated, these T&Cs. He must also validate the obligation and the mode of payment.
The sale will be considered final:
- after sending the Customer confirmation of acceptance of the order by the Seller by email;
- et after receipt by the Seller of the full price.
Any order implies acceptance of the prices and descriptions of the products and services available for sale. In the absence of availability of services, the Seller undertakes to inform the Customer.
The Seller reserves the right to refuse or temporarily block the order,
in particular in the event of non-payment, incorrect address, if there is a dispute with the Customer related to the payment of a previous order, if the order is abnormal, placed in bad faith or for any other legitimate reason.
Orders over 120 euros will be archived for 10 years on a reliable and durable medium.
Article 6 - Price and Payment
The means of payment accepted by the Seller are clearly and legibly indicated on the Site.
The price of the products and services sold on the Site is expressed in Euros, all taxes included.
(including tax). The prices are firm and final, taking into account any reductions granted by the Seller.
At the time of validation of the order, the price to be paid by the Customer corresponds to the price
all-inclusive, i.e. the total price of all the services ordered.
In case of payment by credit card, the Site uses the paypal system and very soon
Stripe.
The Customer guarantees to the Seller that he has the necessary authorizations to use the mode
of payment, when placing the Order.
The Seller implements all means to ensure the confidentiality and security of the
data transmitted on the Site.
An invoice is established by the Seller who sends it to the Customer upon receipt of payment of the
Ordered.
Article 7 - Right of withdrawal
The Customer acknowledges having been informed, prior to placing his order and concluding the contract, in a readable and understandable manner, of the conditions, methods and deadlines for the right of withdrawal in accordance with Article L.221-5 of the Consumer Code.
The Customer has a right of withdrawal which he can exercise within fourteen (14) calendar days from the following day:
1. the conclusion of the contract in the event of the purchase of services or the provision of a
digital content not provided on a physical medium.
2. receipt or withdrawal of the order.
In the event that this period expires on a Saturday, a Sunday or a holiday or non-working day, it is
extended until the next business day.
The Customer who wishes to exercise his right of withdrawal can use the withdrawal form located in the Annexes to these GTC.
In accordance with article L. 221-28 of the Consumer Code, the right of withdrawal cannot be exercised for the following contracts:
1° For the provision of services fully performed before the end of the withdrawal period and of which
performance has begun after the consumer's express prior agreement and waiver
expressly to his right of withdrawal;
2° Supply of goods or services whose price depends on market fluctuations
financial outside the control of the professional and likely to occur during the withdrawal period;
3° Supply of goods made to the consumer's specifications or clearly personalized;
4° Supply of goods likely to deteriorate or expire rapidly;
5° For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° For the supply of goods which, after having been delivered and by their nature, are mixed with
inseparably with other articles;
7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and
whose agreed value at the conclusion of the contract depends on fluctuations in the market
beyond the professional's control;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° Supply of a newspaper, periodical or magazine, except for contracts
subscription to these publications;
11° Concluded during a public auction;
12° Provision of accommodation services, other than residential accommodation,
goods transport, car rental, catering or leisure activity services that must be provided on a specific date or period;
13° Supply of digital content not provided on a material medium, the execution of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.
In the event of withdrawal by the Customer from this contract, the Seller shall reimburse all payments received from the Customer, without undue delay and, in any event, no later than fourteen days from the day on which the Seller is informed of the decision to withdraw from this contract. The Seller will make the refund using the same means of payment as that used for the initial transaction, unless the Customer expressly agrees to a different means; in any event, this refund will not incur any costs for the Customer.
The Customer who has exercised his right of withdrawal from a contract for the provision of services whose
execution has begun, at his express request, before the end of the withdrawal period, pays the professional an amount corresponding to the service provided until the communication of his decision to withdraw; this amount is proportionate to the total price of the service agreed in the contract.
Exercising the right of withdrawal terminates the obligation of the parties to perform the contract.
The Customer who wishes to exercise his right of withdrawal can use the withdrawal form located in the Annexes to these GTC. He can also submit his request, by means of an unambiguous declaration, by sending an e-mail to the following address: coachorigin@gmail.com.
Article 8 - Use of services/Delivery
For coaching support services purchased by the Client on the Site (offer of 3
months or 6 months), each support includes access to an online and autonomous coaching platform in addition to individual coaching sessions as well as the
documents provided for the smooth running of the support according to the problem addressed.
Each service is subscribed for the duration and according to the conditions indicated on the dedicated sales page.
The Seller undertakes to maintain complete confidentiality on the information exchanged with the
Client, in any form whatsoever, during the preparation and execution of the sessions of
coaching. The Seller also undertakes to ensure that the confidentiality of this information is
respected by any person contributing to the provision of these sessions.
Article 9 - Liability
The Seller makes no warranty:
1. that the Site will be error-free or uninterrupted;
2. that any file downloaded from the Site is free of viruses, contamination or any
destructive element, the Customer being responsible for the protection of its equipment and its
data ;
3. that the information provided is current, accurate, correct or reliable, although all provided in good faith and believed to be accurate as of the date of publication;
The Seller is not responsible:
1. the reliability or lack of security of information circulating on the Internet;
2. the content of third-party websites accessible by hypertext links that may be
present on its Site.
The Customer acknowledges that he is responsible for the use and interpretation of the services
purchased on the Site. In particular, the Seller cannot guarantee that a result or advantage
particular will be obtained by using any of the products or services provided by the Seller.
CUSTOMER ACKNOWLEDGES THAT THE SERVICES PROVIDED BY SELLER WILL NOT
SUBSTITUTE THE ADVICE AND CONSULTATION OF A QUALIFIED PROFESSIONAL
IN MEDICAL, PARAMEDICAL OR OTHER REGULATED PROFESSION.
THE PURCHASE OF SERVICES ON THE SITE SHOULD IN NO CASE SUBSTITUTE FOR
MEDICAL OR PARAMEDICAL TREATMENTS PRESCRIBED TO THE CLIENT BY A
HEALTH PROFESSIONAL.
Article 10 - Delay
In the event of the Seller's failure to fulfill its obligation to deliver services to
the expiry of the period indicated on the Site, the Customer may terminate the contract, by letter
registered mail with acknowledgment of receipt, if, after having ordered, under the same terms, the Seller to perform the service provided within an additional period of thirty (30)
days, the Seller has not performed within this period.
The contract is considered resolved upon receipt by the Seller of the letter, unless the Seller has performed in the meantime.
The Seller shall reimburse the sums debited within fourteen (14) days
following receipt of the letter.
Article 11 - Cancellation/Refund
The sums paid by the Customer for the purchase of services on the Site are not
refundable, except in the case of the exercise of his right of withdrawal by the Customer, in the
terms and conditions described in article 7 of these T&Cs.
Article 12 - Legal guarantees
According to Articles L. 217-4 and L. 217-5 of the Consumer Code, the product complies with the
contract if it meets, in particular, where applicable, the following criteria:
- It corresponds to the description, type, quantity and quality, in particular with regard to
concerns the functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
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- It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of the conclusion of the contract and which the latter has accepted;
- It is delivered with all the accessories and the installation instructions, to be provided
in accordance with the contract;
- It is updated according to the contract.
- It is specific to the use usually expected of an item of the same type, taking into account, if there is
place, of any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
- If applicable, it has the qualities that the seller has presented to the consumer under
form of sample or model, before the conclusion of the contract;
- If applicable, the digital elements it contains are provided according to the most recent version that is available at the time of the conclusion of the contract, unless the parties agree otherwise;
- If applicable, it is delivered with all the accessories, including the packaging, and the
installation instructions that the consumer can legitimately expect;
- Where applicable, it is provided with updates that the consumer may legitimately
wait, in accordance with the provisions of Article L. 217-19;
- It corresponds to quantity, quality and other characteristics, including in terms of
durability, functionality, compatibility and safety, which the consumer can
legitimately expect for goods of the same type, having regard to the nature of the goods as well as to the public declarations made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on the label.
The consumer is entitled to the implementation of the legal guarantee of conformity in the event of
appearance of a lack of conformity during a period of one (1) year from the
supply of the digital content or digital service. During this period, the
consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
The legal guarantee of conformity entails the obligation to provide all updates
necessary to maintain the conformity of the digital content or service
digital for one (1) year.
The legal guarantee of conformity gives the consumer the right to compliance
digital content or digital service without undue delay following its
request, free of charge and without major inconvenience for him.
The consumer can obtain a price reduction by retaining the content
digital or the digital service, or he can end the contract by making himself
refund in full against waiver of digital content or service
numeric, if:
1° The professional refuses to put the digital content or the digital service
compliance ;
2° The bringing into conformity of the digital content or the digital service is delayed by
unjustified manner;
3° The bringing into conformity of the digital content or the digital service cannot
intervene at no cost to the consumer;
4° Bringing the digital content or digital service into conformity results in a
major inconvenience for the consumer;
5° The non-compliance of the digital content or digital service persists despite
the attempt to bring the professional into compliance remained unsuccessful.
The consumer is also entitled to a reduction in the price or to rescission of the contract.
when the lack of conformity is so serious that it justifies the reduction of the price or the
termination of the contract is immediate. The consumer is then not required to request that the digital content or digital service be brought into conformity beforehand.
In cases where the lack of conformity is minor, the consumer is only entitled to
cancellation of the contract only if the contract does not provide for the payment of a price.
Any period of unavailability of the digital content or the digital service with a view to bringing it back into conformity suspends the guarantee which remained to run until the supply of the
conforming digital content or digital service.
These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the
consumption.
The professional who in bad faith obstructs the implementation of the guarantee
legal compliance incurs a civil fine of a maximum amount of 300,000 euros, which may be increased up to 10% of the average annual turnover (article L. 242-18-1 of the
consumer code).
The consumer also benefits from the legal guarantee against hidden defects in
application of Articles 1641 to 1649 of the Civil Code, for a period of two years from
from the discovery of the defect. This warranty entitles you to a price reduction if
the digital content or digital service is retained, or a refund
full against waiver of digital content or digital service.
Article 13 - Personal data
Within the framework of European data protection law, the Seller must control the data of its customers from its digital media.
Personal data may be collected on said media and used by the
Seller who acts as a data controller within the meaning of the Union Regulation
European 2016/679 of the European Parliament and of the Council dated April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data (hereinafter "General Regulation on Data Protection” or “GDPR”).
The Seller must ensure the security and confidentiality of the personal data of its customers in accordance with the GDPR.
Personal data is collected for the purpose of carrying out orders.
stipulated in article 1 of these GCS.
In accordance with the GDPR, the Customer has a right of access, rectification and opposition
to personal data concerning him (hereinafter the “Computer Rights and Freedoms”) and
can :
- request a copy of all the information kept about him;
- request a rectification of his personal data;
- request partial or total deletion of their account and/or data
personal.
To exercise this right, the Customer must make a request by email to coachorigin@gmail.com,
or by mail to the address: Mme GINIES. Chemin de la Buffette 34980 St Clement de Rivière
in France, indicating its:
. name;
. first name;
. e-mail address;
. its customer references.
The Customer's request must be signed and accompanied by a photocopy of an identity document. In accordance with the law "Computer Rights and Freedoms", the response will be provided as soon as possible and at the latest within one month of the request.
The data collected by the Seller is kept for a period that does not exceed the period necessary for the purposes for which they were collected.
The Seller also invites the Customer to consult the privacy policy and the general conditions of use present on the Site.
Article 14 - Intellectual property rights
The content of the Site is the property of the Seller and its partners. It is protected by law
French and international relating to intellectual property.
Any total or partial reproduction, modification or use of this content, for any
reason and on any medium whatsoever, without the express and prior agreement of the Seller, is
strictly prohibited.
Article 15 - Force Majeure
None of the contractors is liable for its delay or failure to perform
of its obligations if they are due to a case of force majeure.
The Seller will notify the Customer of the occurrence of such a fortuitous event or force majeure within fifteen (15) days from the date of occurrence of the event.
Article 16 - Complaints and amicable settlement of disputes
Pursuant to Article L. 612-1 of the Consumer Code, "Any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable termination of the
dispute between him and a professional. ".
Disputes falling within the scope of Article L. 612-1 of the Consumer Code are the disputes defined in Article L. 611-1 of the Consumer Code, namely disputes of a contractual nature, relating on the performance of a contract for the sale or supply of services, between a consumer and a professional. The text covers national disputes and cross-border disputes.
The Client is informed that he can use the Online Dispute Resolution platform
(RLL): https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
The Customer is also informed that he may, in any event, resort to mediation
conventional, with existing sectoral mediation bodies or any other
alternative method of settling disputes (conciliation, for example) in the event of a dispute.
https://www.economie.gouv.fr/mediation-conso/mediateurs-references].
For any difficulty, we invite you to contact us at: coachorigin@gmail.com.
Article 17 - Applicable law - Language
These T&Cs and the resulting operations are governed by French law.
These T&Cs are written in French. In case of dispute, the French version
any translation into a foreign language will prevail.
APPENDICES
Withdrawal form
Please complete and return by registered letter with request for acknowledgment of receipt
this form, only if you wish to withdraw from the contract.
For the attention of [Insert your name, postal address and e-mail address]:
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to
on the sale of goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s):
Date :
(*) Strike out the useless mention.