CGV

Preface

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 as soon as they are online, 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 condition of sale were to be lacking, it would be considered governed by the practices in force in the distance selling sector in which companies are 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 enforceability of the amounts due 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, upon noticing this use, 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 rates in effect indicated at the time of the order.

All prices are indicated including all taxes (TTC).

• The prices take into account the applicable UK 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 business, VAT is currently not applicable.
• If one or more taxes or contributions, particularly environmental, were to be created or modified, whether increased or decreased, this change could be reflected in the sale 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 deadline 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 on 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, secure online payment system (https://www.paypal.com)

The transmitted information 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 given by card is irrevocable. By communicating their banking information during the sale, the Buyer authorizes the Company to debit their card for the amount related 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 law and the sale canceled.

The Buyer guarantees the Seller that they have any necessary authorizations to use the payment method chosen by them 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 their account grouping their orders.

For security reasons, the photo can only be downloaded once. If the buyer wishes for a copy, they must inform the seller who will provide them 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” areas 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, 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 13 – Confidentiality

The parties agree to keep confidential the information and documents exchanged concerning 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 within the limits of what is required by that law, and provided that prior notification has been given to the other Party;
• if the disclosure is required by an administrative authority competent regarding said Party, within the limits of what is 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, within the limits of what has been authorized.

Article 14 – Personal data

The personal data collected from Buyers are subject to computer processing carried out by the Seller. They are recorded in their Customer 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.
• In addition, 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, in order to comply with legal and regulatory obligations, for as long as necessary for the execution of orders and any applicable warranties.

In the absence of express opposition from them, the Buyer consents to the use of the personal data collected under their order, for the Seller’s customer file.

And in accordance with Law No. 78-17 of January 6, 1978, known as the Data Protection Act, updated by the law of August 6, 2004, the Buyer has the right to access, rectify, and oppose information concerning them. This right can be exercised by making a written request, by email to [email protected].

Article 15 – Information on the Site

The products and services governed by these general terms and 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 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 refer to other sites than the Seller’s Site. The Seller disclaims any responsibility in the event that the content of these sites contravenes the legal and regulatory provisions in force.

In the context of the provision of Services by the Seller, and given the nature of the Services provided by the Seller, namely the provision of high value-added 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;

Consequently, in the event that the Buyer fails to comply with the aforementioned obligations, the Seller reserves the right to permanently suspend the provision of Services to the Client and seek damages.

The Seller guarantees, in accordance with legal provisions, the Buyer against any non-compliance of the Services and any hidden defects, resulting from a defect in design or provision of said Services to the exclusion of any negligence or fault of the Buyer.

• The Seller’s liability can only be engaged in case of proven fault or negligence and is limited to direct damages to the exclusion of any indirect damages, of any nature whatsoever.
• In order 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 their exclusive expense, according to the appropriate methods agreed upon with the Buyer, the Services deemed defective.
• In any event, if the Seller’s liability is retained, the Provider’s guarantee will be limited to the amount excluding tax paid by the Client for the provision of the Services.