TERMS AND CONDITIONS

ARTICLE 1 - Scope of application

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by "vos entrainements" ("the Seller") with consumers and non-professional buyers ("the Customers or the Customer"), wishing to :

In particular, they specify the terms and conditions of the order, payment, delivery and management of any returns of Products ordered by Customers. These General Terms and Conditions of Sale are likely to be supplemented by special conditions, set out on the website, before any transaction with the Customer. 

These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels. They can be accessed at any time on the website "Website". hvosentrainementsttps:// .com/ "and will prevail, if necessary, over any other version or any other contradictory document.

As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website on the date the order is placed. 

 

ARTICLE 2 - Products offered for sale

Products offered for sale on the website ". hvosentrainementsttps:// .com/ "are the following:

  • Triathlon, running and trail training programs, including a yoga program, proprioception program, nutrition program,
  • Online Coaching Sessions with a Professional Athlete 
  • Teaching methods relating to the practice of triathlon

The main characteristics of the Products and in particular the specifications, illustrations and indications of the Products, are presented on the website hvosentrainementsttps:// .com/.

The Customer is required to read it before placing an order.

The choice and purchase of a Product is the sole responsibility of the Customer.

The photographs and graphics presented on the website hvosentrainementsttps:// .com/ are not contractual and shall not engage the Vendor's responsibility.

The Customer must refer to the description of each Product in order to know its properties, essential characteristics and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.

Contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.

Customs duties or other local taxes or import duties or state taxes may be payable. They will be borne and are the sole responsibility of the Customer.

 

ARTICLE 3 - Period of validity of the Product offer

Offers of Products offered for sale on the website ". hvosentrainementsttps:// .com/ "are valid from the time the product is put online and until the date specified in the offer.

Coaching offers are valid for the duration specified when you subscribe. 

 

ARTICLE 4 - Seller's contact details

The Seller's contact details are as follows:

"vos entrainements« »

"Unique identification number"

"32 rue du 24 Mars 1852"

"« 69009 »

"Lyon"

"contact@vosentrainements.com"

"Telephone and fax details"

 

In accordance with the Data Protection Act of 6 January 1978, reinforced and supplemented by the RGPD (general regulations on data protection) which came into force on 25 May 2018, the Customer has, at any time, a right of access, rectification, opposition, deletion and portability of all his personal data by writing, by mail and by proving his identity, to the Seller's address mentioned above.

The validation of the order by the Customer is tantamount to acceptance without restriction or reservation of these General Terms and Conditions of Sale.

The Client acknowledges having the required capacity to contract and acquire the Products and/or Coachings offered on the website ". hvosentrainementsttps:// .com/"« .

 

ARTICLE 5 - Orders

5-1 . Placing the order

It is the Client's responsibility to select on the website " hvosentrainementsttps:// .com/ "the Products and/or the Coaches that he wishes to order, according to the following terms and conditions:

  • Selection of the program and/or coaching,
  • Confirmation of the choice in accordance with the terms of use,
  • Online payment,
  • Receipt of a confirmation email,
  • Provision on the online platform,

The Customer has the opportunity to check the details of his order, its total price and to correct any errors before confirming acceptance. It is the Customer's responsibility to verify the accuracy of the order and to immediately report or correct any errors.

Registering an order on the website " https://vosentrainements.com/ " is carried out when the Customer accepts the present General Conditions of Sale by ticking the box provided for this purpose and validates his order. This validation implies the acceptance of the entirety of the present General Conditions of Sale as well as the general conditions of use of the website " https:// ".vosentrainements.com/ ". 

The sale shall not be final until the Customer has received confirmation of acceptance of the order by the Seller by e-mail, which must be sent without delay and after collection by the Customer of the full price and after collection by the Customer of the full deposit due.

Any order placed, validated by the Customer and confirmed by the Vendor, under the conditions and in accordance with the terms and conditions described above, on the Internet site ". hvosentrainementsttps:// .com/ "constitutes the formation of a contract concluded at a distance between the Customer and the Seller.

In the absence of proof to the contrary, the data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Customer. The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning the payment of a previous order. The Customer will be able to follow the progress of his order on the website " hvosentrainementsttps:// .com/"« .

The Seller does not intend to sell the Products and/or coaching on the website " hvosentrainementsttps:// .com/ "It is not intended to be used by professionals, but only by consumers or non-professionals for their personal needs.

The Customer may not purchase more than two identical programs in a period of less than 3 months. 

5-2 . Changing the order 

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.

5-3 . Cancellation of the order

Once confirmed and accepted by the Vendor, under the conditions described above, the order cannot be cancelled, except in cases of force majeure.

The training programs provided represent digital content provided on an intangible medium or subscription contracts. 

If performance of the contract has begun, the Customer waives his right of withdrawal provided for in Article L 221-18 of the Consumer Code. 

 

ARTICLE 6 - Tariffs

The Products and Coachings are provided at the current rates shown on the website ". hvosentrainementsttps:// .com/« The Seller shall not be liable for any loss or damage resulting from the use of this website. The prices are expressed in Euros, and include all taxes.

The prices take into account any discounts that may be granted by the Seller on the website ". hvosentrainementsttps:// .com/"« .

These tariffs are firm and non-revisable during their period of validity, as indicated on the website ". https://vosentrainements.com.« The Seller reserves the right, outside this period of validity, to modify the prices at any time. They do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the website " https://vosentrainements.com/ "and calculated prior to placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.

In the case of an order based on an estimate, specific orders from the Customer may be considered. If necessary, they will be the subject of an estimate previously accepted by the Customer. Estimates drawn up by the Seller are valid for a period of 15 days from their date of issue.

The order on quotation is only considered accepted after payment of the product.

An invoice is established by the Seller and given to the Customer upon delivery of the Products and/or the Coaches ordered.

 

ARTICLE 7 - Terms of payment

The price is payable in cash, in full on the day the order is placed by the Customer the shipment of the order by the Vendor the delivery of the Products and/or the Coaches ordered, by secure payment, by bank cards: Credit Card, Visa, MasterCard, American Express, other bank cards.

Payment by credit card is irrevocable, except in case of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.

Payment data is exchanged in encrypted mode using the "https" and "stripe" protocols.

ARTICLE 9 - Transfer of ownership - Transfer of risks

The transfer of ownership of the Products and Coachings of the Seller, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, regardless of the delivery date.

 

ARTICLE 10 - Right of Withdrawal

The training programs provided represent digital content provided on an intangible medium or subscription contracts. 

If performance of the contract has begun, the Customer waives his right of withdrawal provided for in Article L 221-18 of the Consumer Code. 

 

ARTICLE 11 - Liability of the Seller - Warranty

The Products and Coachings sold on the website "PATH" are in compliance with the regulations in force in France. hvosentrainementsttps:// .com/ "are in compliance with the regulations in force in France and have performances that are compatible with non-professional uses.

The Products supplied by the Seller shall benefit automatically and without additional payment, in accordance with the legal provisions,

  • the legal guarantee of conformity, for Products that are apparently defective, damaged or worn,
  • the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use.

It is reminded that within the framework of the legal guarantee of conformity, the Customer :

  • shall have a period of two years from the delivery of the goods to take action against the Seller;

- may choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the French Consumer Code;

  • shall be exempt from furnishing proof of the existence of the Product's lack of conformity during the twenty-four months following delivery of the Product.

In order to assert its rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 7 days from the delivery of the Products or from the discovery of hidden defects within the above-mentioned periods and return or bring back to the store the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions, etc.). 

The responsibility of the Vendor cannot be engaged in the following cases:

  • non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
  • in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.

The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-conforming or defective Products.

 

ARTICLE 12 - Protection of personal data

Pursuant to Law 78-17 of 6 January 1978 amended by Law No. 2018-493 of 20 June 2018, it is recalled that the personal data requested from the Customer is necessary to process the order and to issue invoices.

These data may be communicated to the Vendor's possible partners in charge of the execution, processing, management and payment of orders.

The processing of information communicated through the website " hvosentrainementsttps:// .com/ "The information system used meets the legal requirements for the protection of personal data, with the information system used ensuring optimal protection of this data.

The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition of portability and limitation of processing with regard to the information concerning him/her.

This right may be exercised under the conditions and according to the terms and conditions defined on the website ". hvosentrainementsttps:// .com/"« .

 

ARTICLE 13 - Intellectual Property

The content of the website " hvosentrainementsttps:// .com/ " is the property of the Vendor 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 is likely to constitute an infringement of copyright.

 

ARTICLE 14 - Unpredictability

In the event of a change in circumstances unforeseeable at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party who has not agreed to assume an excessively onerous risk of performance may request a renegotiation of the contract from its co-contracting party.

 

 ARTICLE 15 - Force majeure

The Parties may not be held liable if the non-execution or delay in execution of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code.

 

ARTICLE 16 - Applicable law - Language

The present General Terms and Conditions of Sale and the operations resulting from them are governed by French law.

They are written in French. In the event that they are translated into one or more languages, only the French text shall be authentic in the event of a dispute.

 

ARTICLE 17 - Disputes

All disputes to which the purchase and sale operations concluded in application of the present general terms and conditions of sale could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law. 

The Customer is informed that he may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or with the existing sector-based mediation bodies, whose references are given on the website "C. consom. art. L 612-1". hvosentrainementsttps:// .com/ "or to any alternative dispute resolution mechanism in the event of a dispute.

In the event of a reminder of the provisions of the RGPD concerning group action The customer, noting that a violation of the general regulations on the protection of personal data would have been committed, has the possibility of mandating an association or a body mentioned in IV of article 43 ter of the 1978 Data Protection Act, in order to obtain against the data controller or subcontractor, compensation before a civil or administrative court or before the National Commission for Data Processing and Liberties.

 

ARTICLE 18 - Pre-contractual information - Acceptance by the Customer

The fact that a Customer places an order on the Internet site "GENERAL TERMS AND CONDITIONS hvosentrainementsttps:// .com/ The use of the word "Seller" shall imply full acceptance and acceptance of these GTCs.

The Seller does not in any way substitute for consulting a doctor. The training programs are not a substitute for the advice of a doctor or a qualified health professional. vos entrainementsThe Seller shall in no way be held responsible for any accident that may occur to one of its Customers during one of the exercise sessions. Before practicing the recommended exercises, the Client agrees to have in his possession a recent medical certificate of no medical contraindication (less than 3 months) allowing him to practice these exercises. vos entrainements will not be held liable by a Client unless certain and definitive proof is established by a court of law of a fault committed by vos entrainementsor by one of its service providers involved in the performance of the contractual obligations of vos entrainements, having caused the Client damage. will vos entrainementsnot be liable for direct or indirect damage suffered by the Client when the Client's behavior is at the origin of or has contributed to the damage he claims to suffer. 

By way of illustration, shall vos entrainementsnot be liable for direct and indirect damages suffered by the Customer as a result of the Customer's failure to perform or improper performance of these Terms of Use. The guarantee of vos entrainementsis limited to the reimbursement of the Services actually paid by the Customer and shall vos entrainementsnot be considered responsible or defaulting for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French jurisprudence.

These General Terms and Conditions of Sale and the payment obligations for the Products and Coachings ordered, are expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.

 

ANNEX I - PROVISIONS RELATING TO LEGAL SAFEGUARDS

Article L217-4 of the Consumer Code :

The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation, if 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 :

In order to be in conformity with the contract, the property must :

-To be fit for the use ordinarily expected of a similar good and, where appropriate :

-corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model

-present the qualities that a buyer can legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling

-or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.

Article L217-12 of the Consumer Code :

Any action resulting from lack of conformity shall be time-barred after two years from the date of delivery of the goods.

Article L217-16 of the Consumer Code :

Where the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of movable property, for a rebate of

in the state covered by the warranty, any period of downtime of at least seven days is added to the remaining warranty period. This period shall run from the date of the buyer's request for intervention or from the date the goods in question are made available for repair, if such availability is subsequent to the request for intervention.

Article 1641 of the Civil Code :

The seller is bound by the warranty on account of hidden defects in the goods sold which render them unfit for the use for which they are intended, or which so diminish that use that the buyer would not have acquired them, or would only have paid a lower price for them, if he had them.

known.

Article 1648 paragraph 1 of the Civil Code :

The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

 

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