TERMS AND CONDITIONS NEOSWINGFIT
ARTICLE 1- SCOPE
These General Conditions of Sale (known as “GTCS”) apply without restriction or reservation to any purchase of the following services: Sports coaching and swing dance program as offered by the Service Provider to non-professional customers (“Customers or the Customer”) on the site www.neoswingfit.com.
The main characteristics of the Services are presented on the website www.neoswingfit.com.The Customer is required to read it before any order is placed.The choice and purchase of a Service is the sole responsibility of the Customer. These T&C are accessible at any time on the site www.neoswingfit.com and will prevail over any other document.
The Customer declares to have read these T&C and to have accepted them by ticking the box provided for this purpose before the implementation of the online order procedure of the site www.neoswingfit.com. Unless proven otherwise, the data recorded in the IT system of the Provider constitutes proof of all transactions concluded with the Client.
The contact details of the Service Provider are as follows: Tatiana UDRY
Address : “en cours” – 34000 MONTPELLIER
Registration number: 88355794400013
mail: email@example.com phone: 00000000
Customs duties or other local taxes or import duties or state taxes may be payable. They will be chargeable and are the sole responsibility of the Client.
ARTICLE 2 – PRICE
The Services are provided at the current rates shown on the site www.neoswingfit.com, when the order is registered by the Service Provider.
The prices are expressed in Euros, HT with the mention “VAT not applicable, article 293B of the CGI”
The prices take into account any reductions which may be granted by the Service Provider on the site www.neoswingfit.com.
These prices are firm and cannot be revised during their validity period, but the Service Provider reserves the right, outside the validity period, to modify the prices at any time.
The prices do not include the costs of treatment, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated before placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Service Provider and given to the Customer when the Services ordered are provided.
ARTICLE 3 – ORDERS
It is up to the Customer to select on the www.neoswingfit.com site the Services they wish to order, according to the following methods :
The Customer chooses the desired program and is redirected to: www.neoswingfit.com
to be able to create their identifiers to access their private space, which includes all the programs and services corresponding to the chosen model, for a limited period.
– 35 days for the 4-week module.
– 70 days for the 8 week module.
Once the payment is made, he receives the receipt of his purchase by email, with the details of the order.
Payment via Paypal or Stripe.
The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to check the accuracy of the order and immediately report any errors.
Any order placed on the www.neoswingfit.com site constitutes the formation of a contract concluded at a distance between the Customer and the Service Provider.
The Service Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer can follow the progress of his order on the site.
ARTICLE 4 – PAYMENT CONDITIONS
The price is paid by secure payment, in the following ways: • payment by credit card
The price is payable in cash by the Customer, in full on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment service provider involved in banking transactions carried out on the www.neoswingfit.com site.
The payments made by the Customer will not be considered final until after effective collection of the sums due, by the Service Provider.
The Provider will not be required to provide the Services ordered by the Customer if the latter does not pay the full price under the conditions indicated above.
ARTICLE 5 – PROVISION OF SERVICES
The Services ordered by the Client will be provided in the following manner : Online Sports Coaching and Swing Dances.
4 or 8 week program
– Pilates, Cardio, Stretching, Mobility and Self Massage
– Solo Jazz & Charleston dances: Technique, Movements and Routines.
Said Services will be provided within a maximum period of obtaining the service is immediate from the final validation of the Customer’s order, under the conditions provided for in these GTC to the address indicated by the Customer when ordering on the site www.neoswingfit.com.
The Service Provider undertakes to make its best efforts to provide the Services ordered by the Customer, within the framework of an obligation of means and within the times specified above. If the Services ordered have not been supplied within 48 hours after the indicative date of supply, for any reason other than force majeure or the fact of the Client, the sale of the Services may be resolved at the written request of the Client under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.
In the event of a specific request from the Customer concerning the conditions for the provision of the Services, duly accepted in writing by the Service Provider, the costs related to this will be the subject of a specific additional billing later.
In the absence of reservations or complaints expressly expressed by the Customer upon receipt of the Services, these will be deemed to comply with the order, in quantity and quality.
The Customer will have a period of one week from the provision of the Services to issue complaints.
The customer can contact us by email at the address: firstname.lastname@example.org, with all the supporting documents relating thereto, from the Service Provider.
No complaint can be validly accepted in the event of non-compliance with these formalities and deadlines by the Customer.
The Service Provider will reimburse or rectify as soon as possible and at its expense the Services for which the lack of conformity has been duly proven by the Customer.
ARTICLE 6 – RIGHT OF WITHDRAWAL
According to the terms of article L221-18 of the Consumer Code “The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone canvassing or outside establishment, without having to justify its decision or bear other costs than those provided for in Articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph runs from the day: 1 ° From the conclusion of the contract, for contracts for the provision of services and those mentioned in article L. 221-4; 2 ° On receipt of the goods by the consumer or a third party, other than the carrier, designated by him,
for contracts for the sale of goods. For contracts concluded outside the establishment, the consumer can exercise his right of withdrawal from the conclusion of the contract. In the case of an order relating to several goods delivered separately or in the case of an order of a good made up of lots or multiple pieces whose delivery is staggered over a defined period, the period runs from receipt the last good or lot or the last piece. For contracts providing for the regular delivery of goods for a defined period, the period runs from the receipt of the first good. »The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the site or any other declaration, unambiguous, expressing the will to withdraw and in particular by post addressed to the Service Provider at the postal or email coordinates indicated in ARTICLE 1 hereof
If the right of withdrawal is exercised within the above-mentioned period, only the price of the Services ordered is reimbursed.
The reimbursement of the amounts actually paid by the Customer will be made within 14 days of receipt by the Service Provider of the notification of the Customer’s withdrawal.
ARTICLE 7 – RESPONSIBILITY OF THE PROVIDER – GUARANTEES
The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Customer, against any lack of conformity or hidden defect, arising from a defect in the design or performance of the Services ordered under the conditions and according to the following terms: Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
“The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing when they are delivered. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility. “Article L217-5 of the Consumer Code” The product conforms to the contract: 1 If it is suitable for the customary use expected of a similar product and, if applicable: if it corresponds to the description given by the seller and possesses the qualities which the latter presented to the buyer in the form of a sample or model; – if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. “
Article L217-12 of the Consumer Code
If it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. “Article L217-12 of the Consumer Code” The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »Article L217-16 of the Consumer Code. “When the buyer requests from the seller, during the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the warranty, any period of immobilization of ‘at least seven days is added to the duration of the warranty which remained to run. This period runs from the buyer’s request for intervention or the provision for repair of the goods in question, if this provision is subsequent to the request for intervention. »In order to assert its rights, the Customer must inform the Service Provider, in writing (email or post), of the existence of defects or non-conformities.
The Service Provider will reimburse or rectify or have it rectified (as far as possible) the services deemed defective as soon as possible and at the latest within 5 days of the Service Provider’s finding of the defect or defect.
This reimbursement can be made by bank transfer or check.
The Service Provider’s guarantee is limited to the reimbursement of Services actually paid for by the Customer.
The Service Provider may not be considered liable or faulty for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French case law. The Services provided through the Provider’s site comply with the regulations in force in France. The Service Provider cannot be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for the choice of the Services requested, to check.
ARTICLE 8 – PERSONAL DATA
The Customer is informed that the collection of his personal data is necessary for the sale of the Services and their realization and delivery, entrusted to the Service Provider.
This personal data is collected only for the performance of the service contract.
8.1 Collection of personal data The personal data which are collected on the site www.neoswingfit.com are the following: Account opening When creating the Client / user account: Names, first names, postal address, telephone number and email address.
Payment As part of the payment for the Services offered on the site www.neoswingfit.com, it records financial data relating to the bank account or the credit card of the Client / user.
8.2 Recipients of personal data
Personal data is used by the Service Provider and its co-contractors for the execution of the contract and to ensure the efficiency of the provision of services, its performance and its delivery. The category (ies) of co-contractor (s) is (are): Service providers payment institutions.
8.3 Data controller The data controller is the Service Provider, within the meaning of the Data Protection Act and from 25 May 2018 of Regulation 2016/679 on the protection of personal data. 8.4 limitation of processing Unless the Customer expressly agrees, his personal data is not used for advertising or marketing purposes.
8.5 Duration of data storage The Service Provider will keep the data thus collected for a period of 5 years, covering the time of limitation of the applicable contractual civil liability.
8.6 Security and confidentiality The Service Provider implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Service Provider cannot guarantee the security of the transmission or storage of information on the Internet.
8.7 Implementation of the rights of Customers and users
In accordance with the regulations applicable to personal data, Customers and users of the www.neoswingfit.com site have the following rights: They can update or delete the data that concerns them as follows: Personal space, in setting account.
They can delete their account by writing to the electronic address indicated in article 9.3 “Data controller” • They can exercise their right of access to find out the personal data concerning them by writing to the address indicated in article 9.3 “Data controller” • If the personal data held by the Service Provider is inaccurate, they may request the updating of the information by writing to the address indicated in article 9.3 “Data controller” • They may request the deletion of their personal data, in accordance with the applicable data protection laws by writing to the address indicated in article 9.3 Data controller. They may also request the portability of the data held by the Provider to another service provider • Finally, they can oppose the processing of their data by the Service Provider These rights, provided that they do not oppose the purpose of the treatment, can be exercised by sending a request by post or by E-mail to the Data Controller whose contact details are given above. The data controller must bring a response within a maximum of one month. In case of refusal to grant the request of the Customer, the latter must be justified.
The Customer is informed that in the event of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seize a judicial authority.
The Customer may be invited to tick a box under which he agrees to receive emails of an informative and advertising nature from the Provider. He will always have the possibility of withdrawing his agreement at any time by contacting the Provider (contact details above) or by following the unsubscribe link.
ARTICLE 9 – INTELLECTUAL PROPERTY
The content of the www.neoswingfit.com site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
ARTICLE 10 – APPLICABLE LAW – LANGUAGE
These Terms and the operations arising therefrom are governed by and subject to French law. These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
ARTICLE 11 – DISPUTES
For any complaint, please contact customer service at the Service Provider’s postal or email address indicated in ARTICLE 1 of these GTC.
The Client is informed that he can in any event have recourse to conventional mediation, to existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute. In this case, the designated mediator is: “in progress” Name: ……. Address: … E-mail: ……
The Customer is also informed that he can also use the Online Dispute Resolution (RLL) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event%3Dmain.home .show
All disputes to which the purchase and sale operations concluded in application of these GTC and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law common.
Withdrawal form Date:
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.neoswingfit.com except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
I hereby notify the withdrawal from the contract for the order of the service below:
– Order from (indicate date):
– Order number
– Client name
– Customer address
Signature of the Client only in the event of notification of this form on paper.
GENERAL CONDITIONS OF USE OF THE NEOSWINGFIT WEBSITE
The general conditions of use are concluded between:
the website manager, hereinafter referred to as “the Publisher”,
any person wishing to access the site and its services, hereinafter called “the User”.
Article 1 – Principles
The general conditions of use relate to the legal framework for the use of the NeoSwingFit site and its services.
The https://vod.neoswingfit.com website is a service of:
The UDRY Tatiana sole proprietorship located 34000 MONTPELLIER, France Site URL: https://vod.neoswingfit.com
phone number : 0000000000
The general conditions of use must be accepted by any User, and access to the site implies acceptance of these conditions.
Article 2 – Evolution and duration of the CGU
The general conditions of use are concluded for an indefinite period. The contract takes effect with regard to the User from the start of the use of the service.
The NeoSwingFit site reserves the right to modify the clauses of these general conditions of use at any time and without justification.
Article 3- Access to the site
Any User with Internet access can access the NeoSwingFit site free of charge and from anywhere. The costs incurred by the User to access it (internet connection, computer equipment, etc.) are not the responsibility of the Publisher.
The site and its various services may be interrupted or suspended by the Publisher, in particular during maintenance, without obligation of notice or justification.
The Site user has access to the following services: sports coaching services.
The site includes a paid member area reserved for registered users. These users will be able to access it using their login credentials.
The services reserved for members are as follows : Access to program content
Article 4 – Responsibilities
The Publisher cannot be held liable in the event of a breakdown, breakdown, difficulty or interruption of operation, preventing access to the site or to one of its functions.
The material of connection to the site used is under the entire responsibility of the User who must take all the measures taken to protect the material and the data in particular from viral attacks by Internet. The user is also solely responsible for the sites and data he consults.
The Publisher cannot be held responsible in the event of legal proceedings against the User: due to the use of the site or any service accessible via the Internet;
due to the User’s non-compliance with these general conditions.
The Publisher is not responsible for damage caused to the User, third parties and / or to the User’s equipment due to the connection or use of the site’s sound and the User waives any action against the Publisher thereby.
If the Publisher had just been the subject of an amicable or judicial procedure for the reason of the use of the site by the User, he may turn against him to obtain compensation for all the damages, sums, convictions and costs which could result from this procedure.
Article 5 – Intellectual property
All technical documents, products, photographs, texts, logos, drawings, videos, etc., are subject to copyright and are protected by the Intellectual Property Code. When they are delivered to our customers, they have received the exclusive property of UDRY Tatiana, sole holder of the intellectual property rights on these documents, which must be returned upon request.
Our customers agree to make no use of these documents, which are likely to infringe the industrial or intellectual property rights of the supplier, and agree not to disclose to any third party, except with express and prior authorization given by l ‘Editor.
Article 6 – Hypertext links
The establishment by the User of all hypertext links to all or part of the Publisher, requested by email to the following address: email@example.com
The Publisher is free to refuse this authorization without having to justify in any way whatsoever by decision. In the event that the Publisher grants its authorization, it is in all cases only temporary and may be withdrawn at any time, with no obligation on the part of the Publisher. In all cases, all links must be removed at the request of the Publisher. Any information accessible via a link to other sites is not under the control of the Publisher, which declines any responsibility for their content.
Article 7 – Protection of personal data
Data collected The personal data that are collected on this site are as follows:
– account opening: when creating the user’s account: name; first name; email address ; connection: when the user connects to the website, the latter records, in particular, his surname, first name, connection data, data relating to payment;
profile: use of the services provided on the website enter a profile, which may include an address and a telephone number;
payment: as part of the payment for products and services offered on the website, the latter records parent financial data in the user’s bank account or credit card;
communication: when the website is used to communicate with other members, the data concerning the user’s communications are temporarily stored;
cookies: cookies are used in connection with the use of the site. The user has the option of deactivating cookies from their browser settings.
Use of personal data
The personal data collected from users aims to provide the website services, improve them and maintain a secure environment. More specifically, the uses are as follows:
access and use of the website by the user;
management of the operation and optimization of the website;
organization of the conditions of use of the Payment Services;
verification, identification and authentication of data transmitted by the user;
offer the user the possibility of communicating with other users of the website;
implementation of user assistance;
customization of services for advertisements based on the user’s browsing history, according to their preferences;
prevention and detection of fraud, malware (malware or malware) and management of security incidents;
management of any disputes with users;
sending commercial and advertising information, according to user preferences.
Sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases:
when the User uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has contracted;
when the User publishes information accessible to the public in the free comment areas of the website;
when the User authorizes the website of a third party to access his data;
when the website uses the services of providers to provide users, advertising and payment services. These service providers obtain limited access to user data, in the context of the performance of these services, and have a contractual obligation to use it in accordance with the provisions of the applicable data protection regulations. personal;
if required by law, the website may transmit data to respond to complaints made against the website and comply with administrative and judicial procedures;
if the website is involved in a merger, acquisition, disposal of assets or receivership procedure, it may be arranged to sell or share all or part of its assets, including personal data. In this case, users must be informed, before personal data is transferred to a third party.
Security and confidentiality
The website has encountered organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.
Implementation of user rights
In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: firstname.lastname@example.org
The right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, the website may request proof of the identity of the user in order to verify its accuracy.
the right of rectification: if the personal data held by the website are inaccurate, they may request that the information be updated.
the right to delete data: users can request the deletion of their personal data, in accordance with the applicable data protection laws.
the right to limit processing: users can ask the website to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.
the right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.
the right to portability: they can request that the website give them the personal data that is provided to transmit them to a new website.
Evolution of this clause
The website reserves the right published any modification of this clause relating to the protection of personal data at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the change by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.
Article 8 – Cookies
The NeoSwingFit site can automatically collect standard information. All information collected indirectly will only be used to track the volume, type and configuration of traffic using this site, to develop the design and layout and for other administrative and planning purposes and more generally to improve service. that we offer you.
Article 9 – Applicable law
The general conditions of use are subject to the application of French law. If the parties fail to resolve a dispute amicably, the dispute will be subject to the jurisdiction of the French courts.