Preamble
These general terms and conditions of sale govern the contractual relationships between:
- Caroline D, Self-employed, hereinafter referred to as “The Seller”.
- And any natural or legal person who places an order on the Seller’s website, hereinafter referred to as “The Buyer”.
Article 1 – Acceptance
These general terms and conditions of sale, applicable from their online publication, detail all the obligations of the parties:
- The Buyer is deemed to accept them without reservation.
- The Seller and the Buyer agree that these general terms and conditions of sale exclusively govern their relationship.
- The Seller reserves the right to modify the general terms and conditions of sale, provided that the Buyer is informed in advance.
- If a sales condition were to be lacking, it would be considered governed by the practices in force in the distance selling sector for companies based in France.
Any order placed online on the Site constitutes full and unconditional acceptance of these general terms and conditions of sale.
Article 2 – Purpose
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the sale of the following “Services”:
- Digital photos,
- Nutrition coaching training,
- Purchase of support for Vantour.
Article 3 – The order
The Buyer has the option to place their order online from the Site.
Any order constitutes acceptance of the prices, descriptions of the services available for sale, as well as these general terms and conditions of sale. To place the order, the Buyer must choose the product that suits them, then click on the order button and provide the necessary information for processing the order.
In certain cases, particularly in the event of non-payment, incorrect address, or other issues with the buyer’s account, the Seller reserves the right to block the Buyer’s order until the issue is resolved.
For any questions regarding the tracking of an order, the Buyer must contact the Seller by email at the following address: [email protected]
Article 4 – Electronic signature
The payment of the order will serve as proof of the Buyer’s agreement in accordance with the provisions of the law of March 13, 2000, and will constitute:
- the due payment of the amounts owed under the order form,
- signature and express acceptance of all operations carried out.
In the event of fraudulent use of the Paypal account or credit card, the Buyer is invited, as soon as this use is detected, to contact the Seller by email at the following address: [email protected]
Article 5 – Proof of transaction
The data recorded in the Seller’s computer system, computerized registers of the Seller, emails, constitute proof of all transactions, communications, orders, and payments concluded between the parties.
Article 6 – Price
The price is in accordance with the rate in effect at the time of the order.
- The Seller reserves the right to modify its prices at any time,
- but commits to applying the current rates indicated at the time of the order.
All prices are inclusive of all taxes.
- The prices take into account the applicable French VAT on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the price of the services offered; as a self-employed individual, VAT is currently not applicable
- If one or more taxes or contributions, particularly environmental ones, were to be created or modified, whether increased or decreased, this change could be reflected in the selling price of the products and services.
In principle, the price is payable in full before the provision of the ordered Services.
In all cases:
- The payment of the total price displayed on the Site must be made at the time of the order, including for pre-ordered products.
- At no time can the amounts paid be considered as deposits or down payments.
- No payment period is granted.
Article 7 – Payment method
The accepted payment methods are: Credit card (With Stripe or Paypal), Google Pay, Apple Pay,
Checks are not accepted.
For payment by bank transfer, please contact Caroline directly by email at [email protected]
When the Buyer places an order on the Site, payment is made at the date of the order, including for pre-ordered products. Payment is made by:
- Credit card via a secure connection provided by Stripe (https://stripe.com/fr).
- or by PayPal, a secure online payment system (https://www.paypal.com)
The information transmitted is encrypted and secured so that it cannot be read during transport over the network. Any guarantee regarding the security of this system is entirely the responsibility of Stripe or Paypal, and cannot be attributed to Vantour.
Once the payment is initiated by the Buyer, the transaction is immediately debited after verification of the information. In accordance with Article L.132-2 of the Monetary and Financial Code, the commitment to pay made by card is irrevocable. By providing their banking information during the sale, the Buyer authorizes the Company to debit their card for the amount corresponding to the indicated price. The Buyer confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In case of error, or inability to debit the card, the sale is immediately resolved by operation of law and the sale is canceled.
The Buyer guarantees the Seller that he has any necessary authorizations to use the payment method chosen by him when validating the order form.
Article 8 – Delivery Terms
For digital products
The download links for the ordered products will be automatically provided to the Buyer once the Stripe or Paypal payment service has received confirmation of payment from the Seller’s banking institution.
The buyer will also receive by email:
- the access details to his account grouping his orders.
For security reasons, the photo can only be downloaded once. If the buyer wishes for a copy, he must inform the seller who will provide him with the purchased photo, and in case it is no longer available, a voucher for a new photo.
For any order
Access to the “My Account” area and the training platform is strictly confidential. The Buyer agrees not to share these codes with others. In case of breach, access may be revoked by the Seller.
Article 9 – Suspension
The Seller reserves the right to suspend any order management and any delivery in case of refusal of payment authorization by credit card from officially accredited organizations or in case of non-payment.
The Seller also reserves the right to suspend or refuse to deliver or honor an order from a Buyer who has not fully or partially paid a previous order or with whom a dispute is ongoing.
Article 10 – Right of Withdrawal
Article L.121-20 of the Consumer Code states that the Buyer has a right of withdrawal of 14 clear days from the validation of his order to notify the Seller by email, without penalty, of his withdrawal and obtain a refund of the amounts paid.
However, the fourteen (14) clear days withdrawal period does not apply to “digital content provided on an intangible medium and subscription contracts for these services whose execution has begun with the consumer’s agreement and for which he has waived his right of withdrawal”.
Consequently:
-
- Digital products: for download cannot be refunded or exchanged, due to the digital nature of the product (instant transaction, no return possible).
Article 11 – Customer Review
Following his order, the Buyer can leave a review on the Site regarding the quality of the Seller’s service or product.
- The Buyer is informed that the Seller does not carry out any verification or moderation regarding the comments published by the Buyer.
- The Buyer is therefore obliged to moderate and agrees to be as objective as possible.
- Nevertheless, the Seller reserves the right to modify or delete comments that may be insulting, threatening, and/or inciting racial hatred in case of reporting by a Buyer.
Article 12 – Intellectual Property
The content of the Site, the products, services (e.g., photos and coaching), are the property of Vantour and are protected by French and international laws relating to Intellectual Property.
The Seller remains the owner of all intellectual property rights of the products and content provided as services to the Buyer performed by the Seller, and more particularly, without this list being exhaustive, on training support modules, module texts, ebooks, images, photos, texts, audios, videos (including video lessons), or technical tutorials…
In other words, all elements of the site and the elements provided or used during services are and remain the intellectual and exclusive property of Vantour.
- No one is authorized to reproduce, exploit, copy, redistribute, transmit, or use in any way, even partially, elements of the site whether software, visual, or sound.
- They cannot in any case be resold or made available to the public in any form, including electronic.
- Furthermore, the Buyer is prohibited from removing copyright notices, trademarks, or any other legal mention appearing on the content offered by the Seller.
In case of violation of this prohibition, the Seller reserves the right to permanently suspend the provision of Services to the Buyer, expose him to legal action, and demand damages.
Article 13 – Confidentiality
The parties agree to keep confidential the information and documents exchanged regarding the other party during the service, of whatever nature they may be (economic, commercial, technical, educational material…).
By exception, this commitment will not apply if:
- the disclosure is required by applicable law to the extent required by that law, and provided that prior notice has been given to the other Party;
- if the disclosure is required by an administrative authority competent regarding said Party, to the extent required;
- if, in the absence of wrongful behavior by a Party, the information is already known to the public;
- if the disclosure has been previously authorized in writing by the other Party, to the extent authorized.
Article 14 – Personal Data
The personal data collected from Buyers is subject to computer processing carried out by the Seller. They are recorded in his Clients file.
- This data is necessary for processing the order, the delivery of products and services by the Seller.
- They may be transmitted to companies that contribute to these relationships, such as those responsible for executing services and orders for their management, execution, processing, and payment.
- Moreover, the information such as first name, location, product, and date of purchase may also be used by a third-party service to notify future Buyers of the latest orders on the site.
This information and personal data are kept for security purposes, to comply with legal and regulatory obligations, for as long as necessary for the execution of orders and any applicable guarantees.
In the absence of express opposition from him, the Buyer gives his consent to the use of the personal data collected under his order, for the Seller’s customer file.
And in accordance with law n°78-17 of January 6, 1978, known as the Data Protection and Freedom Law, updated by the law of August 6, 2004, the Buyer has the right to access, rectify, and oppose the information concerning them. This right can be exercised by making a written request via email to [email protected].
Article 15 – Information on the Site
The products and services governed by these general conditions are those listed on the Seller’s website and indicated as sold and delivered by the Seller.
The services and products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred regarding this presentation, the Seller’s liability cannot be engaged.
The Seller reserves the right to withdraw products and services from sale at any time.
Article 16 – Hyperlinks
Hyperlinks may lead to other sites than the Seller’s Site. The Seller disclaims any responsibility in the event that the content of these sites violates the applicable legal and regulatory provisions.
Article 17 – Buyer’s Obligations
The Buyer agrees to use the Site legitimately, in compliance with the applicable regulations.
- The Buyer does not infringe on the rights of third parties and remains solely responsible for the use of the Site and the content they may publish.
- The Buyer agrees to (i) not use the Site for illegal purposes; (ii) not publish or transmit illegal content via the Site, such as content related to the glorification of crimes against humanity, incitement to racial hatred and violence, pornography, infringement of human dignity, as well as any discriminatory, defamatory, insulting content or content likely to infringe on privacy.
The Buyer acknowledges having suitable computer equipment with a proper internet connection to use the Seller’s Services and is responsible for their own equipment.
In the context of providing Services by the Seller, and considering the nature of the Services provided by the Seller, namely the provision of high-value digital content for its Clients, the Buyer agrees to:
- Personally use the content made available by the Seller following the order;
- Not copy the content made available by the Seller, in accordance with the “Intellectual Property” article;
- Not share their access codes with a third party so that they can access the content offered by the Seller;
Therefore, in the event that the Buyer does not comply with the aforementioned obligations, the Seller reserves the right to permanently suspend the provision of Services to the Client and to seek damages.
Article 18 – Seller’s Responsibilities
The Seller guarantees, in accordance with legal provisions, the Buyer against any lack of conformity of the Services and any hidden defects, resulting from a design or supply defect of said Services, excluding any negligence or fault of the Buyer.
- The Seller’s liability can only be engaged in the event of proven fault or negligence and is limited to direct damages, excluding any indirect damages of any kind.
- To assert their rights, the Buyer must, under penalty of forfeiture of any related action, inform the Seller in writing of the existence of defects within a maximum period of fifteen (15) days from their discovery.
- The Seller will rectify or have rectified, at its exclusive expense, according to the appropriate methods agreed upon with the Buyer, the Services deemed defective.
- In any case, if the Seller’s liability is retained, the Provider’s guarantee will be limited to the net amount paid by the Client for the provision of the Services.
The Seller cannot be held responsible for damages suffered by a Buyer, for non-functioning or poor conditions of use of the site attributable to unsuitable equipment, internal malfunctions of the user’s access provider, network congestion, and for any other reasons external to the Seller.
- In particular, the Seller cannot be held responsible for damages resulting from improper use of the purchased product, any problems related to or arising from the interpretation of the products and services sold on the Site, nor for any inconveniences or damages inherent to the use of the internet network.
- Moreover, under no circumstances can the Seller’s liability be engaged for any delay, error, defect, or cancellation due to the Buyer.
- Finally, as a host within the meaning of article 6 II of law n°2004-575 of June 21, 2004, the Seller has no control over the content provided by Buyers and can only be held liable in this regard if it has not acted promptly after being notified of illegal content.
Article 19 – Force Majeure
In accordance with article 1218 of the Civil Code, force majeure is defined as an event of an insurmountable and irresistible nature, resulting from a fact external to the control of the parties, which consists of an event or a series of events of a climatic, pandemic, bacteriological, military, political, or diplomatic nature.
By express agreement, constitutes in particular a case of force majeure or fortuitous events, in addition to those usually recognized by the jurisprudence of French courts and tribunals (non-exhaustive list):
- Occurrence of a pandemic (Virus spread) or a state of health emergency imposing confinement;
- the blockage of transport or supply means,
- Occurrence of terrorist acts disrupting the continuity of commercial relations;
- The interruption of telecommunication networks or difficulties specific to telecommunication networks external to the Buyer and the Seller.
- National scale social movements;
- The declaration of martial law;
- Earthquakes, fires, storms, floods, lightning.
The party invoking the circumstances mentioned above must immediately notify the other party of their occurrence as well as their cessation.
- Cases of force majeure are considered as causes for exemption from the parties’ obligations and lead to their suspension.
- The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will continue.
- The Seller cannot be held responsible if the non-execution or delay in the execution of any of their obligations, as described above, results from a case of force majeure.
- Delays or non-execution of agreements resulting from cases of force majeure cannot give rise to compensation, late penalties, or the payment of damages.
- Similarly, the provisions of this article cannot in any case exempt a party from the obligation to pay the other any amount it owes.
Article 20 – Applicable Law
These general conditions are subject to the application of French law, excluding the provisions of the Vienna Convention. This applies to both substantive and formal rules. The language of this contract is French.
In case of dispute or claim, the buyer will primarily contact the Seller to obtain an amicable solution.
Failing that, the buyer may initiate proceedings before the Paris Commercial Court, the location of the Seller’s registered office.