Terms of Sales
EFFECTIVE AS OF 07/22/2021
ARTICLE 1 – Scope
These General Conditions of Sale (known as “GTC”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (“Customers or the Customer”), wishing to acquire the products offered for sale (“The Products”) by the Seller on the site www.barbaracottavoz.com. The Products offered for sale on the site are as follows:
Yoga Classes & Coaching Sessions & Group Accompaniment & Women’s Empowerment Events.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site www.barbaracottavoz.com which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are valid within the limits of available stocks, as specified when placing the order.
These GCS are accessible at any time on the site www.barbaracottavoz.com and will prevail over any other document.
The Customer declares to have read these GCS and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure of the site www.barbaracottavoz.com .
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.
The Seller’s contact details are as follows:
Registration number: 891341018
Intra-community VAT number FR10891341018
ARTICLE 2 – Price
The Products are supplied at the current prices appearing on the site www.barbaracottavoz.com, when the order is registered by the Seller.
Prices are expressed in Euros, excluding and including tax.
The prices take into account any reductions that may be granted by the Seller on the site www.barbaracottavoz.com .
These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 – Orders
It is up to the Customer to select on the website www.barbaracottavoz.com the Products he wishes to order, according to the following terms:
The customer chooses and buys a product. He will then agree to an appointment with me or will receive the product by email or the invitation to the event of the product he has purchased. .
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the site www.barbaracottavoz.com constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the site.
Any cancellation of the order by the Customer after its acceptance by the Seller will only be possible within Up to 24 hours before the start of the session / program. days at most after acceptance of the order by the Seller and as long as delivery has not taken place (regardless of the provisions relating to the application or not of the legal right of withdrawal).
ARTICLE 4 – Terms of payment
The price is paid by secure payment, according to the following terms:
· payment by credit card
· or payment by bank transfer to the Seller’s bank account (the details of which are communicated to the Customer when placing the order)
The price is payable according to the following conditions and schedule:
Product dependent. .
In the event of late payment and payment of sums due by the Customer beyond the time limits set above, and after the payment date appearing on the invoice sent to the latter, late payment penalties calculated at the applicable legal rate the amount including tax of the purchase price appearing on the said invoice, will automatically and automatically be acquired by the Seller, without any formality or prior formal notice.
Late payment will result in the immediate payment of all sums owed by the Customer, without prejudice to any other action that the Seller would be entitled to bring, in this respect, against the Customer.
In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions listed above, to suspend or cancel the delivery of orders in progress made by the Customer.
Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment service provider involved in banking transactions carried out on the www.barbaracottavoz.com site.
Payments made by the Customer will only be considered final after effective collection by the Seller of the sums due.
The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the full price under the conditions indicated above.
ARTICLE 5 – Deliveries
The Products ordered by the Customer will be delivered in metropolitan France.
Deliveries are made within 48 hours (except holiday periods) to the address indicated by the Customer when ordering on the site.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above.
If the Products ordered have not been delivered within No order cancellation after the indicative delivery date, for any reason other than force majeure or the act of the Customer, the sale may be canceled at the written request of the Customer under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be the subject of additional specific invoicing, on an estimate previously accepted in writing by the customer.
The Customer is required to check the condition of the products delivered. He has a period of #254 Maximum period for… from the delivery to formulate complaints by Mail, accompanied by all the supporting documents relating thereto (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 and following of the Consumer Code and those provided for in these T&Cs.
The transfer of the risks of loss and deterioration relating thereto will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the Seller’s risk and peril except when the Customer has chosen the carrier himself. As such, the risks are transferred at the time of delivery of the goods to the carrier.
ARTICLE 6 – Transfer of ownership
The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the said Products.
ARTICLE 7 – Right of withdrawalctation
According to the terms of article L221-18 of the Consumer Code “
For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good. »
The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other statement, unambiguous, expressing the desire to withdraw and in particular by postal mail addressed to the Seller at the postal or email address indicated in ARTICLE 1 of the GCS.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back.
The return costs remain the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
ARTICLE 8 – Seller’s liability – Warranties
The Products supplied by the Seller benefit from:
· the legal guarantee of conformity, for Products that are defective, damaged or damaged or that do not correspond to the order,
· the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
Provisions relating to legal warranties
Article L217-4 of the Consumer Code
“The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
Article L217-5 of the Consumer Code
“The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and which the latter has accepted. »
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
Article 1641 of the Civil Code.
“The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or I would have paid a lesser price for them, if he had known them. »
Article 1648 paragraph 1 of the Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
Article L217-16 of the Consumer Code.
“When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. »
In order to assert his rights, the Customer must inform the Seller, in writing (email or post), of the non-compliance of the Products or of the existence of hidden defects from their discovery.
The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of receipts.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days of the Seller’s finding of the lack of conformity or the hidden defect. This refund can be made by bank transfer or check.
The responsibility of the Seller 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 verify,
· 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 photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.
The Seller’s warranty is, in any event, limited to the replacement or reimbursement of non-compliant Products or Products affected by a defect.
ARTICLE 9 – Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of the Products and their delivery / delivery, entrusted to the Seller. These personal data are collected only for the execution of the sales contract.
9.1 Collection of personal data
The personal data collected on the site www.barbaracottavoz.com are as follows:
When ordering Products by the Customer:
Surnames, first names, postal address, telephone number and e-mail address.
As part of the payment of the Products offered on the site www.barbaracottavoz.com, the latter records financial data relating to the bank account or the credit card of the Customer / user.
9.2 Recipients of personal data
Personal data is reserved for the sole use of the Seller and its employees.
9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and from May 25, 2018 of Regulation 2016/679 on the protection of personal data.
9.4 limitation of processing
Unless the Customer expresses his express agreement, his personal data is not used for advertising or marketing purposes.
9.5 Duration of data retention
The Seller will keep the data thus collected for a period of 5 years, covering the time of the prescription of the applicable contractual civil liability.
9.6 Security and privacy
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementation of Customer and user rights
In application of the regulations applicable to personal data, Customers and users of the site www.barbaracottavoz.com have the following rights:
· They can update or delete the data concerning them in the following way:
By contacting Barbara by email. .
· They can delete their account by writing to the email address indicated in article 9.3 “Data controller”
· They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 “Data controller”.
· If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 “Data controller”.
· They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 “Data controller”.
· They can also request the portability of the data held by the Seller to another service provider
· Finally, they can object to the processing of their data by the Seller
These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.
The controller must provide a response within a maximum of one month.
In the event of refusal to grant the Customer’s request, the latter must be motivated.
The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seize a judicial authority.
The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Seller. He will always be able to withdraw his consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 – Intellectual property
The content of the site www.barbaracottavoz.com is the property of the Seller 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 offense of counterfeiting.
ARTICLE 11 – Applicable law – Language
These T&Cs and the resulting operations are governed by and subject to French law.
These T&Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 12 – Disputes
For any complaint, please contact customer service at the Seller’s postal or email address indicated in ARTICLE 1 of these GCS.
The Customer is informed that he may in any case resort to conventional mediation, with existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
In this case, the designated mediator is
Mediation – Let’s live better together
465 avenue de la Liberation 54000 NANCY
The Client is also informed that he can also use the Online Dispute Resolution (RLL) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home .show
All disputes to which the purchase and sale transactions concluded in application of these GCS and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law. commmon.
Made on https://www.legalplace.fr
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on ___ except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
To the attention of Barbara Cottavoz
I hereby notify the withdrawal of the contract relating to the property below:
– Order of (indicate the date)
– Order number: …………………………………………………..
– Client name : …………………………………………………………………
– Customer address: ……………………………………………………………..
Signature of the Client (only in the event of notification of this form on paper)