Terms and Conditions
REGIONAL PRODUCTS & YOGA CLASSES
Article 1: Terms: "Customer" - "Seller/Service Provider"
The "Customer" or "Customers" refers to any clearly identified person who wishes to book a yoga class either on the Seller/Service Provider's website, by email, or by telephone. Only Customers of legal age may make, confirm, and pay for a reservation.
The "Seller/ServiceProvider" refers to the company "S.A.S DECARIS PATRICIA," which offers yoga classes and sells local artisanal products.
Services refer to: yoga classes and/or the sale of local artisanal products.
The partners/designers/producers are: Michelle's crochet creations, Sandra's fabric creations "Après l'orage" (After the Storm), Henri's laser creations "LaserXperience," Denis's honeys "L'abeille de Sologne" (The Bee of Sologne), and Rachel's solid soaps and shampoos "Odonata savonnerie."
Article 2: Purpose and scope
These General Terms and Conditions of Sale ("GTC") constitute, in accordance with Article L. 441-1 of the French Commercial Code, the sole basis for the commercial relationship between the parties.
Their purpose is to define the conditions under which the company S.A.S DECARIS PATRICIA ("the Seller/Service Provider") provides services to Customers ("the Customers or the Customer") who request them via the Seller/Service Provider's website or by email.
They apply automatically, without restriction or reservation, to the services agreed between the Seller/Service Provider and the Customer.
In accordance with current regulations, these General Terms and Conditions of Sale are systematically communicated to any Customer who requests them, to enable them to reserve and/or place an order for one or more services with the Seller/Service Provider.
Any order for Services implies, on the part of the Customer, acceptance of the General Terms and Conditions of Sale and the general terms and conditions of use of the Seller/Service Provider's website.
The information contained in all media (flyers, brochures, and price lists) provided by the Seller/Service Provider is given for informational purposes only and is subject to change at any time.
The Seller/Service Provider is entitled to make any changes it deems necessary.
Article 3: Identification of the Seller/Service Provider
- Company name:DECARIS PATRICIA
- Legal form: S .A.S. (simplified joint stock company)
- Share capital: 1,000.00 Euros
- Headquarters: 46B rue de la commanderie 41200 VILLEFRANCHE SUR CHER
- SIRET: 942 318 825 R.C.S. Blois
- Intra-community VAT number: FR30942318825
- Email: aupresdemonarbre-sologne@gmail.com
- Phone: 612-73-82-21-76
Article 4: Services
Presentation
Information relating to the characteristics of the services is provided in the commercial documents or on the Seller/Service Provider's website, without this presentation constituting a contractual commitment. The Seller/Service Provider reserves the right to modify the technical characteristics of its services at any time.
Availability
The Seller/Service Provider's offers are valid subject to availability of services. If the service requested by the Customer is unavailable, the Seller/Service Provider will inform the Customer as soon as possible and offer either an alternative solution or cancellation of the service order.
Article 5: Orders
For yoga classes: orders/reservations can be made by email, text message, or phone.
For the sale of local artisanal products: orders can be placed either directly by email or text message with the Seller/Service Provider or directly on the online store of each of the partners/designers/producers.
Procedure
Orders for services are placed by any means agreed between the Seller/Service Provider and the Customer (email, text message).
Validation
An order is only considered final after written confirmation (by email or text message) from the Customer and the express agreement of the Seller.
The Customer will receive written confirmation (by email or text message) of the service order. This confirmation will include the dates, booking terms and conditions, price, and payment information. It will be archived by the Seller and will be considered proof of the Customer's confirmation of the order.
Change in benefits
Any changes to an order for services must be requested by the Customer in writing 48 hours before the date requested by the Customer. The Seller/Service Provider reserves the right to accept or refuse such changes.
Article 6: Prices and payment terms
Price
Prices are quoted in euros, inclusive of all taxes (TTC) or exclusive of taxes (HT, and specified in the written confirmation of the service order. The Seller/Service Provider reserves the right to modify its prices at any time. However, the price applied will be the price in effect at the time the order is confirmed.
Payment terms
Payment shall be made in accordance with the terms specified in the written confirmation of the service order (bank transfer, cash). A deposit may be required at the time of ordering, the amount and terms of which are specified in the order form.
Late payment
In the event of late payment, penalties corresponding to three times the legal interest rate in force on the day the delay is noted, plus 10 percentage points, in accordance with the provisions of Article L.441-10 of the French Commercial Code, will be applied, as well as a fixed collection fee of €40.
Late payment shall result in the immediate payment of all sums owed to the Seller/Service Provider by the Customer, without prejudice to any other action that the Seller/Service Provider may be entitled to take against the Customer in this regard.
In the event of failure to comply with the above payment terms, the Seller/Service Provider also reserves the right to suspend the provision of services ordered by the Customer and to suspend the performance of its obligations.
Article 7: Retention of title
For yoga classes: mats, cushions, and straps may be loaned to the Customer, it being understood that the Seller/Service Provider retains full ownership of them.
For the sale of local artisanal products: the Seller/Service Provider retains full ownership of the products sold until full payment of the agreed price.
Article 8: Warranty and liability
The sale of products is made without any legal warranty.
The Seller shall not be held liable for any misuse of the products sold by the Customer.
Article 9: Force majeure
Neither the Seller/Service Provider nor the Customer shall be held liable for any breach of their obligations resulting from a force majeure event (natural disaster, strike, lockout, pandemic, government action, etc.) that makes it impossible to perform the contract. In such cases, the performance deadlines shall be extended by a period equivalent to the duration of the event.
Article 10: Confidentiality
The Customer and the Seller/Service Provider undertake to maintain the confidentiality of all information, documents, and know-how exchanged in connection with the performance hereof, throughout the term of the contract and after its expiration.
Article 11: Personal Data
Personal data collected from Customers is processed electronically by the Seller/Service Provider. It is stored in its Customer database and is essential for processing orders. This personal information and data is also stored for security purposes, in order to comply with legal and regulatory obligations. It will be stored for as long as necessary to fulfill orders.
The data controller is the Seller/Service Provider. Where applicable, access to personal data will be strictly limited to employees of the data controller who are authorized to process such data due to their duties. The information collected may be communicated to third parties linked to the company by contract for the performance of subcontracted tasks, without the Customer's authorization being required.
Except in the cases set out above, the Seller/Service Provider shall refrain from selling, renting, transferring, or giving access to the data to third parties without the Customer's prior consent, unless compelled to do so for a legitimate reason.
If the data is to be transferred outside the EU, the Customer will be informed and safeguards will be put in place to secure the data (e.g., for the United States, in accordance with the European Commission's adequacy decision of July 10, 2023, finding that the United States provides a level of protection equivalent to that of the EU, adoption of standard protection clauses validated by the CNIL, adoption of a code of conduct, obtaining CNIL certification, etc.) will be specified to them.
In accordance with applicable regulations, the Customer has the right to access, rectify, erase, and transfer data concerning him/her, as well as the right to object to the processing of such data on legitimate grounds. These rights may be exercised by contacting the data controller at the following email address: decarispat@gmail.com. In the event of a complaint, the Customer may submit a complaint to the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés).
Article 12: Disputes and applicable law
In accordance with Article 1530 of the Code of Civil Procedure, in the event of difficulties arising from the performance, interpretation, or termination of their contract, the Parties undertake, prior to any legal action, to submit their dispute to a competent Consumer Mediation Center in accordance with the provisions of that center's rules. In accordance with the provisions of Article 122 of the Code of Civil Procedure, during the mediation procedure, the Parties shall refrain from taking legal action against each other, failing which they shall be liable to a dismissal.
During the mediation process, the statute of limitations is suspended, so that after thirty (30) days, the mediation attempt will be deemed to have been completed. Furthermore, pursuant to Article 1531 of the Code of Civil Procedure, the Mediator is subject to a duty of confidentiality.
The costs and fees of this Mediator shall be shared equally between the Parties.
These Terms and Conditions and the transactions arising therefrom are governed exclusively by French law.
They are written in French in accordance with Law 94-664 of August 4, 1994. In the event that they are translated into one or more languages in one or more parts of the website, only the French text shall be deemed authentic in the event of a dispute. The fact that, where applicable, the usual exchanges between the Seller/Service Provider and the Customer take place wholly or partly in a language other than French shall in no way be considered as a waiver of the application of these general terms and conditions of sale or any of their provisions.
Article 13: Acceptance by the Customer
These General Terms and Conditions of Sale are expressly agreed to and accepted by the Customer, who declares and acknowledges that they are fully aware of them and, as a result, waives the right to invoke any contradictory document.
