The Client is an adult physical person with full legal capacity, having subscribed to one of the Offers offered by the company La Roue et la Plume domiciled at 4 rue de la Fontaine, 65 100 Lézignan, (SIRET 970 990 216 00019), hereinafter referred to as the Seller on the Site. The Offers are different Remote Support services in the form of a monthly, quarterly, bi-annual or annual subscription. Each offer contains one Program sent to the Client in digital format after subscribing to one of the Offers. This program is composed in particular of exercise recommendations, well-being advice, advice for better nutrition and hydration, regular feedbacks on the progress of the Client in achieving his goals. The subscription is a contract signed by the Customer via acceptance of the quote, to one of the Offers offered via the Site; the subscription is valid under the conditions (1) of having accepted these General Terms and Conditions and (2) of having paid the amounts due corresponding to the Offer selected by the Client. The Quote is a description of the services and unit prices sent in digital format to the Customer by the Seller. The Site accessible at the address www.laroueetlaplume.fr is a website connecting the Seller and Customers to allow the latter to select the Offers they wish to buy directly from the Seller. These General Terms and Conditions of Sale (the “GTCS”) describe the terms of remote selling of services between the Seller and Customers through the Site and define the obligations and rights of the Parties in this respect.
These GTCS apply without restriction or reservation to all sales of Offers concluded between the Seller and the Customers through the Site. These GTCS only relate to the relationships between the Seller and Customers, who acknowledge having the capacity required to contract and acquire the Offers offered on the Site. The GTCS are accessible at any time on the Site and will prevail, if necessary, over any other version or any other contradictory document. These GTCS may be subject to subsequent modifications. These modifications will not affect the current Subscriptions which will remain governed by the GTCS in force when the Customer subscribed to his Subscription; the new GTCS will apply during the possible periodic renewal of Subscriptions previously subscribed.
Subscribing to an Offer offered on the Site is exclusively reserved for persons who demonstrate a state of health that does not present contraindications to the practice of cycling. In this regard, it is up to the Client to ensure that (s)he is physically able to follow the Program provided by visiting his doctor before any subscription. Within 30 days of subscribing to an Offer, the Customer agrees to provide La Roue et la Plume with a copy of a medical certificate of no contraindication to the practice of sport for less than one year.
The Services offered for sale on the Site are the subject of a description allowing the Customer to know their main characteristics. The Customer is required to read it before any order is placed. The choice and purchase of an Offer is the sole responsibility of the Customer. The photographs and graphics presented on the Site are not contractual and do not engage the responsibility of the Site or of the Seller. The Customer is required to refer to the quote of his Offer in order to know the essential features. The contractual information is presented in French or English and is subject to confirmation at the latest when the quote is signed by the Customer. In the event of an order from a country other than mainland France, the Customer is the importer of the Service(s) concerned. For all Services shipped outside the European Union and French overseas departments and territories, the price will be calculated automatically excluding tax on the invoice. 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.
La Roue et la Plume offers the following services : •
La Roue et la Plume will provide the Client with: •
The Customer selects on the Site the Services he wishes to order, with the following process: ”The Customer takes the initiative of an oral exchange by telephone, Skype or WhatsApp with La Roue et la Plume on a fixed date agreed on with the Seller. The Customer will then complete a questionnaire provided by the Seller. Once the questionnaire has been completed, the Customer will receive a quote corresponding to the Offer he has selected. The Customer will have to sign the quote and send it by email to firstname.lastname@example.org or any other email address provided by the Seller.”. The Customer acknowledges that he completes under his sole responsibility the answers to the questionnaire in order to get a strictly indicative result. La Roue et la Plume is in no way able to assess the client’s actual fitness and health and, if applicable, the possible emergency situation in which the client finds himself. The Client is solely responsible for the use of the Site and Program in this or other situation, of any decision taken, and of any action implemented, based on the information entered in the questionnaire. The service provided by the Program is limited to indicative results and the proposal of a program under the only conditions and limits described in these GTCS. La Roue et la Plume is in no way responsible for the quality, topicality, consistency, relevance, completeness and veracity of the data entered by the Customer, which remains under its sole responsibilities, controls and direction. La Roue et la Plume does not verify or control the consistency or relevance of the data (especially scientific, medical or health) entered by the customer. It is the customer’s responsibility to consult the competent health professionals if necessary. The Customer agrees for a minimum period of a three (3) months subscription. The return of the quote signed implies acceptance of these GTCS, the price of the Offer and its content. If the Customer does not receive any email following the subscription of their Offer, it is their responsibility to contact La Roue et la Plume by phone on +337 70 02 47 89 from Monday to Friday from 10 a.m. to 6 p.m., or by email at the following address: email@example.com. The Customer is informed that the emails addressed to him can be automatically classified in the spam part of his email and that it will be up to him to ensure this. The Seller reserves the right to refuse an order from a Customer who has not fully or partially paid for a previous order or with whom a payment dispute is in progress.
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be changed before the end of the duration of the subscribed Offer indicated in the Quote.
Any subscription to an Offer is renewed for a period of three months by automatic renewal unless otherwise requested by email to firstname.lastname@example.org at least 3 weeks before the end of the subscription period.
Once confirmed and accepted by the Seller under the conditions described above, the order cannot be canceled, except in case of the exercise of the right of withdrawal or force majeure.
The Services are provided at the rates freely set by the Seller appearing on the Quote and take account of any discounts applicable when ordering. The prices are indicated in euros, HT and TTC. The price of the Offer invoiced is that indicated on the Quote. The duration of the Offer is that indicated on the initial quote. The Customer acknowledges and agrees that the full cost of implementing the services offered in the Program as well as access to the Internet, connection and download linked to the use of the Offer remains at his exclusive expense. An invoice is established by the Seller and given to the Customer when subscribing to the Offer.
The price invoiced to the Customer is the price indicated in the quote. The Customer agrees to pay monthly, quarterly, bi-annually or annually; the frequency of payments will be indicated in the signed quote. The Customer will receive an invoice corresponding to each payment made. The price is payable to the Seller, who collects the corresponding amount in full on the day the Customer places the order. Payment is made in the following ways:
The payments made by the Customer will only be considered final after effective collection of the amounts due by the Seller. The Customer has a period of 5 days after signing the Quote to make the payment. In the event of late payment of sums due by the Customer or after the date of payment appearing on the invoice sent, daily late payment penalties calculated at the rate of 1% of the total amount of the price appearing on the invoice, will be acquired automatically by the Seller, without any formality or prior notice. In addition, any delay in payment automatically entails the application of a lump sum of forty (40) Euros, without prejudice to late payment penalties. The delay in payment will also result in the immediate payment of all the amounts owed by the Customer, without prejudice to any other action that the Seller is entitled to bring, as such, against the Customer. In the event of rejection of a payment by the bank, for any reason whatsoever, access to the Subscribed Program will be suspended until the situation is sorted. The Customer will be immediately informed of the suspension of his Offer and will have one week to remedy it. Failing to sort it out within this period, the Offer will automatically be terminated without any formality or payment of any compensation to the Customer by La Roue et la Plume. In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the current order placed by the Customer. No additional costs, higher than the costs borne by the Seller for the use of a means of payment, may be invoiced to the Customer.
Any commitment by the Client is firm and final and cannot be reimbursed for any reason whatsoever. The Customer cannot claim any compensation or financial compensation in the event that, for any reason whatsoever, he does not make use, in whole or in part, of the services.
If the Customer, for health reasons, is definitively prevented from benefiting the Offer, this final incapacity for sports will result in the termination of his Subscription. This termination will only take effect from the receipt of a written evidence by a health professional attesting to this incapacity and the impossibility for the Customer in this context to benefit from his Program. In this case, reimbursement will be made in proportion to the amount collected by La Roue et la Plume for the duration of the remaining subscription. Refunds will be made within a maximum period of thirty (30) days from receipt of the notification and supporting documentation from the Client. The Customer’s reimbursement will be made by bank transfer or Transferwise.
In the event of the Customer’s non respect of these GTCS, La Roue et la Plume will send the Customer an email warning him to comply with these General Conditions within 48 hours of the date of receipt of this email. In the absence of regularization by the Customer within the time limit set, the subscription will be automatically terminated without the Client being able to claim any compensation.
At the end of the subscription, the Customer may, in accordance with the provisions of French law 78-17 of 6 January 1978 relative to data processing, files and freedoms, request the deletion of all the data collected by La Roue et la Plume concerning him.
The Services sold through the Site comply with the regulations in force in France. In order to assert their rights, the Customer must inform the Seller, in writing, of the non-compliance of the Program within a maximum period of three (3) weeks from the date of signature of the Quote. Refunds for Services deemed noncompliant will be made as soon as possible and at the latest within Thirty (30) days of the Seller’s finding of the non-conformity. The reimbursement will be made by transfer to the Customer’s bank account. The Seller’s responsibility cannot be engaged in the following cases:
The Seller’s guarantee is, in any event, limited to the replacement or reimbursement of Services found to be non-compliant. The information and programs offered on the site, are strictly indicative, and do not in any way constitute medical advice or replace a medical consultation with competent health professionals. The information provided on the Site is for information only and is not individualized. In general, the information contained within the Site tends to be scientifically accurate at the time of publication, reliable, relevant and common to all Customers. However, given the evolution of knowledge, this information is neither complete nor exhaustive and may not be immediately and systematically updated. La Roue et la Plume cannot therefore be held liable for errors or omissions in the information, programs and services or results that may be obtained from their use or implementation. La Roue et la Plume reserves the right to modify the information contained on this Site at any time and without notice. La Roue et la Plume commits to describe with the greatest accuracy the Offers offered on the Site and to ensure, in the best possible conditions, the updating of the information which is provided there. However, La Roue et la Plume cannot guarantee the accuracy, precision or completeness of the information made available to Customers on the Site. The customer is solely responsible for the use he makes of the information, programs and services thus offered, and it is up to him to check prior to any decision taken on the basis of this information, programs or services, their compliance and adequacy, if necessary by seeking the advice of competent health professionals. In accordance with the provisions of article 3 of these GTCS, it is up to the Customer to ensure that he is physically fit to follow the Program offered to him by seeking consultation with his doctor before any subscription. It is also the Customer’s responsibility to ensure regularly:
In particular, the Customer is required to inform La Roue et la Plume if he is in one of the following situations:
Insofar as La Roue et la Plume is unable to verify the accuracy and consistency of the information provided by the Client, the Client expressly acknowledges and accepts that La Roue et la Plume will in no way be held responsible in the event of an accident, incident or personal injury, material or moral whatsoever of the Client occurring during the practice of the exercises offered as part of the subscription.
The personal data requested from the Customer by the Seller are necessary for placing and processing his order . The personal data collected on the Site is intended for La Roue et la Plume and any subcontractor with the prior consent of the Client. The data collected by La Roue et la Plume includes the Customer’s personal data and in particular personal health data for the purpose of enabling La Roue et la Plume to design the Customer’s Program. La Roue et la Plume undertakes to protect the personal data of its Customers and to implement all appropriate security measures for this purpose. Only the providers referenced by La Roue et la Plume have access to this information. All these people are bound by a professional secrecy clause. Personal information provided during registration will not be accessible to third parties, transmitted, sold or traded. The processing of information communicated through the Site meets the legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data. The Customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification, opposition to portability and limitation of processing with regard to information concerning him.
The content of the Site is the property of the Seller and is protected by French and international laws relating to intellectual property. The content of the Programs is the property of the Seller and is protected by French and international laws relating to intellectual property. It cannot be transmitted to a third party other than the Customer without the Seller’s prior agreement. Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
The Parties cannot be held responsible if the non-performance or the delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of the article 1218 of the French Civil Code.
These GTCS are established in French and English; only the French text is authentic in the event of a dispute. They are governed and subject to French law.
If one or more stipulations of these GTCS are held to be invalid or declared as such by a competent professionnal, the other stipulations will retain their full force and scope.
Any order implies agreement and full acceptance of these GTCS by the Customer.
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All disputes are settled directly between the Customer and the Seller. The Client acknowledges and accepts that the registration of the subscription to the Offer demonstrates all of the transactions between La Roue et la Plume and the Client. The Customer acknowledges and accepts that the proof of acceptance of the GTCS is characterized by returning the subscription quote signed. La Roue et la Plume will archive the invoices on a reliable medium and guarantee access to the Customer at any time if he requests it. Consequently, unless manifest error of La Roue et la Plume proven by the Client, the latter cannot contest the admissibility, validity or probative force of the GTCS and the content of the Offer. Thus, these elements constitute evidence and, if produced as evidence by La Roue et la Plume in any contentious or other procedure, will be admissible, valid and enforceable in the same way, under the same conditions and with the same probative force that any document which would be established, received or kept in writing. The Customer and the Seller will make their best efforts to reach an amicable resolution of the dispute. Depending on the case, the declared dispute will give rise either to the return of a new Program or to a refund, under the conditions specified in these GTC. The Customer is informed that he can in any event use conventional mediation, in particular with the Consumer Mediation Commission (Code de la consommation Art.L 612-1) or with existing sectoral mediation bodies or any alternative method of dispute resolution (conciliation, for example) in the event of a dispute. In accordance with the rules applicable to mediation, any dispute must be transmitted beforehand via the procedure referred to above (prior complaint directly lodged with the Seller) before any request for mediation. The Customer, noting that a violation of the General Data Protection Regulation has been committed, has the possibility of mandating an association or an organization mentioned in IV of article 43 ter of the IT and Freedom Law of 1978, in order to obtain compensation from the data controller or processor before a civil or administrative court or before the National Commission for Data Protection.