General terms and conditions of sale
Client: refers to the individual consumer who has entered into a contract with the Company.
General Terms and Conditions of Sale (hereinafter: "GTC"): refers to the terms of sale defining the rights and obligations of the Parties with regard to purchases made on the Website operated by the Company.
Contract: refers to these GTC as well as the specific conditions detailed in the service descriptions on the Website.
Company: refers to the business operated as a sole proprietorship by Marina FRITSCH, registered under SIREN number 852678473, and located at 73 rue du Maréchal Joffre, 67140 Andlau, France.
Party(ies): refers to the Company and/or the Client.
Services: refers to the fixed-term services offered by the Company for the duration of the subscription, under the conditions set forth herein.
Website (hereinafter the "Site"): refers to the website hosted under the following domain name: https://marina-mohayati.systeme.io/accompagnementartistique
hosted by the company systeme.io
ARTICLE 1: PURPOSE
The Company offers subscriptions to Services aimed at supporting personal and/or professional development, marketed through the Website, although neither this list nor this sales method is exhaustive.
The list and description of the Services offered by the Company can be viewed on the Website.
These Terms and Conditions define the rights and obligations of the Parties within the framework of the online sale of Services offered by the Company.
It is important to remember that coaching is a pragmatic support system designed to help individuals achieve personal or professional goals. This process is based on a collaborative relationship. The Company supports the Client in becoming self-reliant in relation to the objective determined during the initial consultation and in making the necessary changes in their personal and/or professional life.
The Company ensures strict confidentiality of all consultations with its Client and is bound by professional secrecy. It does not disclose any information about the Client to any third party.
No guarantee can be given regarding the achievement of the objectives set by the Client. The Company cannot be held responsible for any partial or complete failure related to achieving an objective. The Company is responsible for the Client's coaching process, and the Client is responsible for achieving the defined objectives. The outcome of coaching depends on the Client's level of commitment and their decision to implement the action plan established at the end of each session. The Client is an active participant and is responsible for the commitments and decisions they make.
ARTICLE 2: GENERAL PROVISIONS
These Terms and Conditions apply to subscriptions for Services made through the Website interface. As such, these Terms and Conditions form an integral part of the contract between the Client and the Company.
The Company reserves the right to modify these Terms and Conditions at any time by publishing a new version on its Website. The applicable Terms and Conditions are those in effect on the date of subscription.
The Client declares having read and understood all of these Terms and Conditions and accepts them without restriction or reservation.
The Client acknowledges having received the necessary advice and information on the Website to ensure that the offer meets their needs.
The Client declares being legally capable of entering into a contract under French law.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
ARTICLE 3: NATURE OF PRODUCTS AND SERVICES SOLD BY THE COMPANY
Article 3.1: General Provisions
The essential characteristics of the Services, their respective prices, and their validity period are made available to the Client on the Website, in detail and in French.
The Parties agree that any illustrations or photographs depicting the Services on the Website are not contractually binding.
Article 3.2: Details of the Services Offered
The Services offered by the Company are available in various formats, including, but not limited to, those listed in this article.
The Company naturally reserves the right to market new Services, even if these are not included in the list referred to in this article; details of the services are available on the Website as mentioned in Articles 3.3 and 4 herein.
3.2.1. Coaching
The programs include individual coaching sessions via Zoom. The number of sessions depends on the package purchased and/or the client's needs.
During the sessions, topics are addressed based on the client's situation.
The company can be contacted between sessions by email if needed.
The client is responsible for their own internet access, as well as access to the Zoom and WhatsApp applications, or more broadly, any other application necessary for the performance of the subscribed services. The price referred to in the preceding paragraph does not include internet access fees or application fees, whether for Zoom, WhatsApp, or any other mobile, computer, or tablet application.
Article 3.3: Selection of Services on the Website
The client freely selects the services from the catalog presented on the Website before subscribing.
Article 3.4: Ownership of Training Courses Distributed by the Company
All training courses distributed by the Company are its sole property.
The rights granted hereunder are granted solely to the Client. Consequently, access to online training courses may not be made available to third parties. Failure to comply may result in termination of the Contract under the conditions of Article 11.2 herein, as well as compensation calculated according to the terms below.
Any Client who violates the preceding paragraph shall pay the Company an amount corresponding to the total price of the Service for which it provided access codes to a third party, multiplied by the number of third parties who received the access codes as a result, directly or indirectly.
ARTICLE 4: SALES PROCESS
Article 4.1. Option to Request a Free Consultation
The Client may request to be contacted for a free telephone consultation. To do so, the Client completes a form available on the Website.
The Client agrees to provide their true identification details and checks a box indicating that they are fully informed of their rights under the GDPR, as outlined in Article 11 of these Terms and Conditions. Specifically, the wording of the checkbox is as follows: “I acknowledge that the Company collects my data for the sole purpose of contacting me and in accordance with the GDPR, as well as more broadly of all my rights under the GDPR and outlined in the Terms and Conditions.”
Article 4.2. Option to Subscribe to the Online Store
Certain Services can be subscribed to directly online. At each stage of the subscription process, the Customer can review the details of their subscription at any time and access all information relating to the selected products, their price, delivery conditions, payment terms and methods, and their right to withdraw from the subscription.
To this end, the Company has established subscription validation and acceptance steps, as well as payment methods.
The Customer must therefore follow these steps to finalize their subscription:
Step 1: The Customer selects the Service after reviewing its features.
Step 2: The Customer accesses the personal data form required for processing the subscription, in accordance with the conditions and rights of the Customer as outlined in Article 11 herein. The Customer can also review the details of their future subscription and, if necessary, modify them or correct any errors. The Customer can access the full text of these Terms and Conditions by clicking on the "Terms and Conditions" link and download them to a durable and unalterable medium. The Customer must check a box to accept these Terms and Conditions.
Step 3: By clicking on the "Next" tab, the Customer can enter their payment details. The Customer can view the subscription price on the right side of the screen.
Step 4: By clicking on the "Pay" tab, the Customer gives the irrevocable order to pay. No further modifications, such as a change of address, can be made. The Company sends the Customer a summary email of the subscription and confirmation of payment.
Article 4.3. Online Subscription Option
The Company may directly send a subscription link for a Service that is not listed in the online store.
In this case, the Customer will access a webpage allowing them to subscribe by following the same steps as those outlined in Article 4.2 herein.
Article 4.4: Subscription Confirmation
The subscription becomes final upon completion of step 4, as described in Article 4.2 of these Terms and Conditions.
Upon completion of step 4, as described in Article 4.2 of these Terms and Conditions, the Customer will receive an email confirming the subscription and a payment confirmation.
Article 4.5: Subscription Cancellation
If the subscription is cancelled before the Customer completes step 4, as described in Article 4.2 of these Terms and Conditions, the total subscription amount will not be deducted.
After validation of step 4 as referred to in article 4.2 of these Terms and Conditions, no withdrawal, and therefore no refund, will be possible, as specified in article 8 of these.
ARTICLE 5: PAYMENT
Payment is due immediately upon subscription. Purchases are paid for by credit card.
The Customer may pay by payment card issued by a French bank. Cards issued by banks located outside of France must be international credit cards.
Secure online payment by credit card is processed by the Company's chosen payment provider.
Once the Customer initiates payment, the transaction is immediately debited after verification of the information.
In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay by card is irrevocable.
By providing their bank details during the sale, the Customer authorizes the Company to debit their card for the amount corresponding to the stated price.
The Customer confirms that they are the legal guardian of the card to be debited and that they are legally entitled to use it.
In the event of an error, or if it is impossible to validate the payment, the sale is immediately and automatically cancelled and the subscription is voided.
ARTICLE 6: ACCESS TO THE WEBSITE
The Company implements the necessary technical solutions to ensure continuous access to the Site for the Client. However, it reserves the right to limit or suspend access to all or part of the Site at any time and without prior notice. Such an interruption may be necessary, in particular, for maintenance of the Site or its content, or for any other reason deemed necessary for the proper functioning of the Site.
ARTICLE 7: AVAILABILITY AND PRESENTATION
The Company undertakes to honor the Client's subscription only within the limits of available places.
If no places are available, the Company will inform the Client. The Client will then be reimbursed by the Company for the amount paid, by any means.
ARTICLE 8: EXCLUSION OF THE RIGHT OF WITHDRAWAL
In accordance with Article L.221-28 of the French Consumer Code, no right of withdrawal is possible for digital services not provided on a tangible medium where performance has begun. The consumer therefore expressly waives the right of withdrawal.
ARTICLE 9: INTELLECTUAL PROPERTY RIGHTS
Trademarks, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company. No transfer of intellectual property rights is made through these Terms and Conditions.
ARTICLE 10: FORCE MAJEURE
The Company's performance of its obligations under this Agreement shall be suspended in the event of a fortuitous event or force majeure that prevents such performance. The Company shall notify the Client of the occurrence of such an event as soon as possible.
ARTICLE 11: PROTECTION OF PERSONAL DATA
The Client and the Company solemnly agree to provide accurate information.
In accordance with the French Data Protection Act of January 6, 1978, and the General Data Protection Regulation (GDPR) of April 27, 2016, the Company implements the following measures to ensure the security of data processing and the Client's consent.
The Client agrees that the Company may collect and use the following personal data: last name, first name, email address, age, telephone number, and postal address.
The Company maintains a data processing register and guarantees at all times that the measures in place are compliant, secure, and guarantee the confidentiality of the data collected and processed. To this end, the Company appoints Ms. Marina Fritsch as its internal Data Protection Officer, who maintains this register and serves as the primary contact for the CNIL (French Data Protection Authority).
The Company informs the Client that it does not transfer any data, whether for payment or free of charge, directly or indirectly, to any third party except as necessary for the performance of this Agreement, its service provider or employee, or any person working directly or indirectly on its behalf.
Furthermore, the Client may access, obtain, rectify, or delete their data by simply sending a written request to the following email address: contact.marinafritsch@gmail.com
ARTICLE 12. APPLICABLE LAW
The Contract is governed by French law.
ARTICLE 13. DISPUTES AND JURISDICTION IN CASE OF DISPUTE:
If necessary, the Customer may submit any complaint by contacting the Company by email at the following address: contact.marinafritsch@gmail.com