PREAMBLE:
Vanessa Phommasone (hereinafter referred to as the « Service Provider ») is a Micro-Enterprise, with its registered office at 2 rue des Pastoureaux, 45000 Orléans, registered under SIRET number 504 282 492 00033. The Service Provider offers services focused on well-being and personal development through the provision of yoga, relaxation, and meditation classes (hereinafter referred to as the « Services »). These activities, whether in groups or individually, take place in person and/or online.
ARTICLE 1 – SCOPE OF APPLICATION:
These T&Cs apply to all contracts concluded between the Service Provider and any individual or legal entity, the Client, wishing to order a service (particularly yoga classes) offered by the Service Provider. By validating a yoga class offered by the Service Provider, the Client (individual, company, community) declares unconditional acceptance of these T&Cs and declares the ability to enter into a contract with them. These T&Cs prevail over any other general or specific conditions not expressly accepted by the Service Provider. The Service Provider reserves the right to modify these T&Cs at any time. In this case, the applicable conditions will be those in force on the date of the order by the Client. These T&Cs apply to any purchase of services reserved directly by phone, email, or on a dedicated website. Every Client acknowledges having read these T&Cs before making an appointment or booking. Booking or making an appointment implies the client’s adherence to the T&Cs and their unconditional acceptance.
ARTICLE 2 – ORDER:
The Client selects the Services they wish to order as follows: online on the Service Provider’s website, by email to the Service Provider (in which case the Client will be asked to prove their identity), or by returning the signed quote to the Service Provider if one has been provided. It is the Client’s responsibility to verify the accuracy of the order and report any errors immediately. The sale of Services will be considered final only after the Service Provider has sent the Client a confirmation of the acceptance of the order and after the Service Provider has received the full price for online Services and the full deposit for in-person group Services. For services requiring the establishment of a prior quote, the sale of Services will be considered final only after: 1. the Service Provider establishes a quote and sends the Client a confirmation of the acceptance of the order by email or postal mail. Quotes issued by the Service Provider are valid for a period of 30 days. 2. validation of the quote and other possible terms of service by the Client by email or postal mail. The Service Provider reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding the payment of a previous order.
Right of withdrawal For any distance or off-premises contract, the Client has a withdrawal period of 14 days starting from the moment they were informed of their right. If the Client exercises this right, they will be fully refunded for the unexecuted service.
The commencement of service provision by the Service Provider constitutes a waiver by the Client of their right of withdrawal.
Conditions for rescheduling and cancellation In the event that the Client does not show up at the agreed-upon appointment without notifying the Service Provider at least 48 hours in advance by any means, the price of the service will be considered due by the Client.
The Client will have the option, with sufficient notice of 48 hours before the scheduled date of the service, to reschedule the date in agreement with the Service Provider.
If a deposit is paid upon ordering and the Client cancels the order after its acceptance by the Service Provider, for any reason other than force majeure, the deposit paid upon ordering, as defined in the « Payment Conditions » article of these General Terms and Conditions of Sale, will be automatically acquired by the Service Provider and will not be subject to any refund. If no deposit has been paid upon ordering and the Client cancels the order after its acceptance by the Service Provider, for any reason other than force majeure, an amount corresponding to 30% of the total amount of the ordered Services will be acquired by the Service Provider and invoiced to the Client as damages, in compensation for the damage suffered.
ARTICLE 3 – DESCRIPTION OF THE SERVICE:
Upon request, individual, group, or online sessions may be offered, subject to acceptance of the price, by the Client.
The Client can book directly by phone or by email.
All sessions are offered within the limits of available appointments.
The service will start when the individual(s) is/are taken care of at the session location and at the mutually agreed-upon time. The sessions will end at the end of each session.
As a Yoga teacher, the Service Provider reserves the right to refuse any assistance that does not fall within the scope of their certified competencies.
ARTICLE 4 – PRICE AND SALES CONDITIONS:
Session rates will be provided upon request, and the Service Provider also reserves the right to change its prices at any time; note that services will be invoiced based on the rates in effect at the time of booking.
The Micro-Enterprise is not subject to Value Added Tax (VAT) in accordance with Article 293B of the General Tax Code; therefore, the mentioned prices will be indicated without VAT.
For sessions provided in person individually, payment for services is made at the end of the individual session.
Payment for individuals and companies is made in cash or by bank transfer.
In the case of a group session, the Service Provider may request payment of a deposit corresponding to 30% of the quote amount for the Group.
In the case of an online session, payment for the session must be received by bank transfer to the benefit of the Service Provider, no later than 48 hours before the appointment. Upon confirmation of payment, the Client receives a confirmation email.
An invoice may be issued to the Client, upon request, by email, no later than 30 days after the last day of the service.
Any started session is due in full.
ARTICLE 5 – RESPONSIBILITIES:
The various practices and techniques offered have no medical purpose. In accordance with current legislation, sessions provided in the absence of diagnosis and therapeutic treatment do not resemble physiotherapy, nor any medical or therapeutic practice, neither in content nor in objectives. They are solely postural, respiratory, and relaxation techniques. They are part of a complementary and personal approach to self-work for anyone consulting.
Responsibility A Yoga teacher is not a doctor; therefore, the Service Provider is not authorized to establish a medical or psychological diagnosis.
To achieve certain goals, adapted physical exercises may be proposed. If the Client accepts, it is their responsibility to ensure that they do not have any medical contraindications to the practice of the corresponding physical activity. They guarantee the Service Provider against any claims in this regard.
If any doubt persists in the Client’s mind regarding their physical abilities, it is their responsibility to alert the Service Provider and consult their usual health practitioner to ensure that the practice of yoga is not contraindicated.
Insurance The activities of the Service Provider are covered by up-to-date professional liability insurance adapted to their services.
The liability of the Service Provider cannot be engaged in the event of damage related to the negligence of a Client, especially if they have not disclosed to the Service Provider any contraindications affecting them or in the event of changes in their personal health status.
Physical conditions and medical certificate The Client certifies on their honor that their physical constitution and state of health allow them to practice the activities proposed by the Service Provider. The client acknowledges having a perfect understanding of the nature of the physical exercises practiced in the context of the classes and sessions offered by the Service Provider. In any case, the Client undertakes to inform the Service Provider of their medical history and to provide a medical certificate less than three months old when required by the Service Provider. If the medical certificate indicates that the Client is not fit to practice the ordered activity, the Service Provider is entitled to terminate the contractual relationship with the Client concerned without notice or indemnity, and the Client will be reimbursed for all or part of the ordered services depending on the services already performed.
Cancellation of a reservation by the Service Provider In the event of temporary or total physical incapacity, the Service Provider reserves the right to be replaced by another Yoga teacher or to reschedule new dates or to cancel the order outright without any payment or compensation being demanded.
ARTICLE 6 – PERSONAL DATA:
The Service Provider undertakes to respect the confidentiality of personal data communicated by the Client during Yoga sessions. This confidentiality is managed in accordance with the French Data Protection Act of January 6, 1978. In accordance with this law, the individual may exercise their right of access to the file, their right of opposition, and their right of rectification or deletion for information concerning them by sending their request by email or postal mail to Vanessa Phommasone – 2 rue des Pastoureaux, 45000 Orléans.
ARTICLE 7 – INTELLECTUAL PROPERTY:
All documents, texts, and other information (text, images, photos, logo, recordings, etc.) are the intellectual property and exclusive ownership of the Service Provider. Any reproduction or dissemination, in whole or in part, of this data is prohibited in accordance with the provisions of Article L.122-4 of the Intellectual Property Code and is subject to the prior, written, and express authorization of the Service Provider.
ARTICLE 8 – UNFORESEEN CIRCUMSTANCES:
In the event of unforeseen changes in circumstances during the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not agreed to assume a risk of excessively burdensome performance may request a renegotiation of the contract from its co-contractor.
ARTICLE 9 – FORCE MAJEURE:
The Parties shall not be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, arises from a case of force majeure, within the meaning of Article 1218 of the Civil Code or exceptional health or climatic events independent of the Parties’ will. If the Parties agree to determine a particular event as a case of force majeure, the Party noting the event must immediately inform the other Party of its inability to perform its service and justify it to the other Party. The suspension of obligations cannot, under any circumstances, be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties. The performance of the obligation is suspended for the entire duration of the force majeure if it is temporary and does not exceed a period of 90 days. Therefore, as soon as the cause of the suspension of their reciprocal obligations disappears, the Parties will make every effort to resume the normal performance of their contractual obligations as quickly as possible. To this end, the impeded Party will notify the other Party of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial act. If the impediment is definitive or exceeds a duration of 90 days, these terms will be purely and simply terminated under the conditions defined in the article « Termination for Force Majeure. »
ARTICLE 10 – CONTRACT TERMINATION:
10-1 – Termination for Unforeseen Circumstances Termination for the impossibility of performing an obligation that has become excessively onerous can only occur thirty (30) days after receiving a formal notice declaring the intention to apply this clause, notified by registered letter with acknowledgment of receipt or any extrajudicial act. 10-2 – Termination for Non-performance of a Sufficiently Serious Obligation The victim Party may, in the event of sufficiently serious non-performance of any of the obligations incumbent on the other Party, notify the Defaulting Party, by registered letter with acknowledgment of receipt, of the faulty termination of these T&Cs, thirty (30) days after receiving a notice to perform that remained unsuccessful, in accordance with the provisions of Article 1224 of the Civil Code. 10-3 – Termination for Force Majeure Automatic termination for force majeure can only occur sixty (60) days after receiving a formal notice notified by registered letter with acknowledgment of receipt or any extrajudicial act. However, this formal notice must mention the intention to apply this clause. 10-4 – Common provisions to termination cases The services exchanged between the Parties from the conclusion of the contract until its termination, unable to find their utility only through the complete execution of it, will lead to a full refund.
ARTICLE 11 – APPLICABLE LAW – DISPUTE RESOLUTION:
These general terms and conditions of sale as well as the contracts concluded between the Service Provider and the Client are subject to French law. In the event of a dispute concerning the interpretation or application of the Contract or the T&Cs, the parties agree to submit to the judgment of the competent Judicial Tribunal at the initiative of the most diligent party, only after exhausting amicable dispute resolution mechanisms (conciliation, etc.).
Legal notice: Vanessa Phommasone – Micro-Enterprise – SIRET No. 504 282 492 00033. Registered office: 2 rue des Pastoureaux, 45 000 Orléans. »