General terms and conditions of sale

General terms and conditions of sale of the training programs in classroom and online

ECOLE YOGA PERINATAL & YOGA DOULA/ PERINATAL YOGA & YOGA-DOULA SCHOOL
/ Semadar Ronen AKA gurujagat kaur

The present general conditions of sale („the GCS“) are concluded between the School of Perinatal Yoga & Yoga-Doula, hereinafter referred to as „YOGA-DOULA“ and any non-professional or consumer within the meaning of the introductory article of the consumer code, making a purchase of Programs from YOGA-DOULA, hereinafter referred to as „the Client“ and collectively referred to as „the Parties“.

The present General Terms and Conditions of Sale cancel and replace all agreements, acceptances, conventions, acts or correspondence prior to the signature of the present General Terms and Conditions of Sale, with respect to their object.

Any document other than the present Terms and Conditions of Sale, in particular catalogs, prospectuses, advertisements, has only an informative and indicative value and is therefore non-contractual.

YOGA-DOULA, through its main teacher and founder, Mrs. RONEN Semadar, alias Gurujagat Kaur, develops, proposes and delivers training programs, courses and events on the theme of non-medical support of maternity according to the yogic art of living. These training programs, internships and events are given in person and/or online, from the website https://www.yoga-doula.eu/, which she administers or from the Platform.

The present Terms and Conditions of Sale are thus established to frame the terms and conditions of any order of one or more Programs by the Client.

ARTICLE 1 Definitions

GCS: the present General Terms and Conditions of Sale which govern the terms and conditions of sale of the Programs, offered by the Provider to the Customer.

Customer: any natural person who is a consumer, non-professional or professional who purchases one or more Programs offered by the Provider, via the Website, the Platform, by post or on site.

Content: refers to any comments, messages, information or data, regardless of their nature (text, images, videos, photographs, comments, brands, corporate names, etc.), as well as any website or social network page put online and published by the Service Provider or under its responsibility.

Program(s)„: means the training program(s), internships and events proposed and provided online or in person by the Provider or under its responsibility and dedicated to the non-medical accompaniment of the mother and her entourage according to the yogic approach.

  • Online Programs are accessible to Clients via the Website or the Platform and consist of a set of videos or other Content (text, images and/or multimedia content) as well as, where applicable, a private discussion forum between the Client of a Program and the Provider.
  • The face-to-face Programs will be delivered by or under the responsibility of the Provider in the premises provided for this purpose and at the address specified by the Provider by any means prior to the start of the Program.

These programs are provided by the Provider for, among other things, the following purposes:

  • The Customer’s personal approach ;
  • Offer a pre- and/or post-natal yoga class;
  • Become a pregnancy doula yoga, support the mother and/or the couple during pregnancy, with or without the practice of pre and post natal yoga.
  • Become a Yoga-Doula for childbirth ;
  • Become Postpartum Yoga-Doula ;
  • Pregnant women with or without their partner

This list of Programs is subject to change at the Provider’s discretion.

Platform: refers to the Marketplace Platform published under the sole responsibility of its operator (designated in the TOS or the legal notice of the Platform) and from which the Service Provider’s Programs offered to the Customer are hosted and accessible via the Internet. The Service Provider is not the publisher of the Platform.

Provider: refers to the School of Perinatal Yoga & Yoga-Doula, represented by its main teacher and founder, Mrs Semadar Ronen alias Gurujagat Kaur, domiciled at 7D lieu-dit Kerlann, 56400 Plumergat, France.

Website: means https://www.yoga-doula.eu/ or any other website or web page from which the Programs are offered by the Service Provider and accessible to the Customer, in particular via the Platform.

Yoga-Doula: means any person whose vocation is to offer non-medical accompaniment and support to the future mother and her entourage during pregnancy, childbirth and the postnatal period, using yogic knowledge and tools, and this only in addition to medical follow-up. The Yoga-Doula is in no way a medical professional or midwife authorized to perform the mandatory medical acts related to the course of pregnancy, childbirth and/or the postnatal period, unless she has followed a medical training, obtained the diplomas required by the regulations and cumulates both trainings.

Remote Program Subscription: means the Subscription of a Customer to one or more Programs via the Website, the Platform or by mail.

On-Site Program Subscription: means a Client’s Subscription to one or more Programs directly at the Program location, when the Program is delivered face-to-face.

ARTICLE 2 – Pre-Contractual Information – Client Acceptance

The Customer acknowledges having been informed, prior to Subscribing to the Program remotely or on-site, in a legible and comprehensible manner, of these GCS and of all the information listed in Article L. 221-5 of the French Consumer Code, and in particular the following information:

  • the essential characteristics of the Programs, taking into account the communication medium used and the Service concerned;
  • the price of the Programs and any related costs;
  • information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if not apparent from the context,
  • information relating to legal and contractual guarantees and their implementation methods;
  • the possibility of resorting to conventional mediation in the event of a dispute;
  • information relating to the right to withdraw from the Subscription to a remote Program (existence, conditions, time limit, methods for exercising this right and standard withdrawal form, if applicable), the terms of termination and other important contractual conditions.
  • the means of payment accepted.

Any subscription to one or more online or on-site Programs entails full and complete adherence to and acceptance of these Terms and Conditions of Sale and obligation to pay for the Programs ordered and subscribed to, which is expressly acknowledged by the Customer.

ARTICLE 3 – Purpose – Scope of application

The purpose of the present Terms and Conditions of Sale is to define the terms and conditions of sale of the Programs provided by or under the responsibility of the Service Provider, in person and/or online from the Website or the Platform.

These GCS apply, without restriction or reserve, to any purchase of the Programs by the Customer, who acknowledges having the capacity and physical conditions required to contract and follow the Programs in person and/or online on the Website.

They therefore do not govern the relations between the Customer and the operator making the Platform available, which are defined in the Platform’s General Terms and Conditions of Use (GTCU).

The main characteristics of the Programs as well as their prices are notably presented on the Provider’s Website. The choice and purchase of a Program is the sole responsibility of the Customer.

It is expressly agreed that the Service Provider expressly reserves the right to modify, without notice and at any time, all or part of a Program and/or to remove a Program and/or updates of a Program from its catalogs that no longer meet the Service Provider’s editorial and/or educational news objectives.

The Terms and Conditions of Sale are available at any time on the Website or at the Customer’s express request to the Service Provider, in the event of on-site Subscription.

Unless proven otherwise, the data recorded in the Service Provider’s computer system constitutes proof of all transactions concluded with the Customer.

As these Terms and Conditions may be subject to change, the version applicable to the Customer is the one in force and available on the Website on the date of the Subscription of the Program(s).

ARTICLE 4 – Entry into force – Duration

These GTC come into force as of the Remote or On-Site Subscription by the Customer. The GTC shall remain in force until the obligations of the Service Provider and the Customer are extinguished.

ARTICLE 5 – Terms and conditions for placing Orders for a Program

Subscription to a Program must be made prior to the completion of the Program, whether it is delivered remotely or in person.

This Subscription is made either 1/ by placing an order via the Platform or the Website, or 2/ by postal mail, according to the methods described below.

Exceptionally, Subscription to a Program may be made 3/ on site (in the premises where the Program is provided before the start of the Program), accompanied by payment for the said Program.

5.1. Placing an order for a Program via the Platform or the Website – Prior online registration and creation of a personal account

The Programs are available for purchase by the Customer, according to the terms and conditions detailed below, when the Programs are purchased via the Platform:

  • The Customer must create a personal account on the Website from which the Programs are accessible for sale. In order to do so, the Customer must communicate its surname, first name and e-mail address and create a password, which it must keep confidential.
  • An email containing a confirmation link is sent to the Customer to validate the reality of the email address and registration. Once this confirmation is obtained, the Customer can access his account and manage the Programs purchased from the Provider, at any time, thanks to his login and password.

The Customer’s username and password are confidential, personal, non-transferable and non-transferable. The Customer is therefore responsible for their management, conservation and the consequences of their use.

The Customer guarantees that all the information transmitted concerning him/her is accurate, up-to-date and sincere and is not tainted by any deceptive character.

The Authentication of a Client by means of his identifier and password entails in a certain way, imputability to the holder of the identifier used, operations carried out by means of these identifiers. The Customer must immediately contact the Service Provider if he finds or suspects that his account has been used without his knowledge.

The Service Provider reserves the right to offer the Customer any other method of registration.

5.2. Placing an order for a Program by postal mail

The Programs delivered in person and online are also available for purchase by returning the Subscription form by mail accompanied by these GTC duly signed and payment of the price by bank transfer or postal check, to the following address: Mrs. Rone //7D Kerlann//56400 Plumergat//

The Customer guarantees that all the information transmitted concerning him/her is accurate, up-to-date and sincere and is not tainted by any misleading character.

The Service Provider reserves the right to offer the Customer any other method of registration.

5.3 Placing an order for a Program delivered in person on site (on the premises offered by the Service Provider)

Exceptionally and prior to the training, the Service Provider agrees to register the Client on site at the place where the Program is to be carried out, including on the same day as the Program is carried out, subject to full payment of the Program price and unconditional acceptance of these Terms and Conditions of Sale duly signed.

5.4. Placing an order and contractual information

The present contractual information is presented in French language and is the subject of a confirmation by the Customer at the latest at the time :
1/ the validation of the order if it is made online, 2/ the sending of the Subscription form by post 3/ the Subscription to the Program if it is made on the spot

The registration of an order on the Website is carried out when the Customer accepts the present GCS by ticking the box provided for this purpose and validates his order. The Customer has the opportunity to check the details of his order, its total price and to correct any errors before confirming his acceptance (Article 1127-2 of the Civil Code).

It is therefore up to the Customer to check the accuracy of the order and to immediately report any errors.

The remote sale of Programs shall not be considered final until the Customer has received confirmation of acceptance of the order by the Provider by e-mail and after receipt by the Provider of the full price. In any case, the Customer will receive by e-mail or via his personal account opened on the Website, with the receipt of his order, a copy of these general terms and conditions of sale or they will be accessible at any time on his personal account.

On-site Subscription of On-site Programs will be considered final and the contract formed only after the signature of these GCS and the payment of the full price.

Any order placed on the Website or the Online Platform constitutes the formation of a contract concluded remotely between the Customer and the Service Provider.

The Service Provider reserves the right to accept or refuse the application for registration.

The Provider reserves the right to accept or refuse the candidate’s registration file as well as to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.

The Service Provider may only take into account any changes made to the order by the Customer within the limits of its possibilities and on condition that the Customer notifies the Service Provider by e-mail. If necessary, these changes will result in an adjustment of the price.

In the event of cancellation of the order by the Customer after its acceptance by the Service Provider, for any reason whatsoever and outside of force majeure as specified below, all sums paid for the purchase of the Program(s) will remain the property of the Service Provider.

ARTICLE 6 – Rates

The Programs offered by the Service Provider are provided at the current rates available on the Website or on the Subscription form, when the Service Provider places an order. Prices are expressed in Euros, excluding VAT and all taxes.

The prices take into account any discounts that may be granted by the Service Provider under the conditions specified on the Website or on the Subscription form.

These prices are firm and non-revisable during their period of validity, as indicated on the Website and the Subscription form, the Service Provider reserves the right, outside this period of validity, to modify the prices at any time.

The payment requested from the Customer at the time the order is validated corresponds to the total amount of the purchase.

An invoice is issued by the Service Provider and delivered to the Customer by any means.

ARTICLE 7 – Terms of payment

The price of the Program(s) ordered is payable in full on the day the order is placed remotely or when the Customer subscribes on site.

Payment for the Programs online and/or in person is made as follows:

  • for Programs ordered on the Website or the Platform, payment is made online, according to the payment methods accepted by the Provider or by bank transfer.
  • for Programs ordered by post, payment is made by cheque or bank transfer.
  • In the event that the Customer subscribes on site to a Program delivered in person, payment of the price shall be made by check or cash.

The Service Provider shall not be required to supply the Programs ordered online by the Customer if the price has not been previously paid in full under the conditions indicated above.

The Service Provider may also deny access to the Programs to Customers who have not paid the price in full prior to the start of the Program. The payments made by the Customer will be considered final and the order will be definitively validated only after effective collection of the sums due by the Provider.

ARTICLE 8 – Availability of Programs delivered online

Online programs will be available:

  • either immediately on the Website, as of the final validation of the Customer’s order, according to the methods indicated above.
  • Or on a date defined and specified to the Customer when the Program is broadcast online on a specific date.

The Programs are made available after the Customer has authenticated on the Website, using his login and password, in accordance with the terms and conditions specified in the article „Terms and conditions for placing orders“ of these Terms and Conditions of Sale.

The Programs are made available to the Customer via the Website for a period of 12 months from the start of the Program by the Customer.

If the ordered Programs have not been made available to the Customer within seven working days from the validation of the order, or on the date agreed with the Customer for the start of the Program, for any reason other than force majeure or the Customer’s fault, the sale may be terminated at the Customer’s written request under the conditions provided for in Articles L 216-2 L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to it within fourteen days following the date of termination of the Programs, to the exclusion of any compensation or deduction.

ARTICLE 9 – Right of withdrawal – Remote Subscription

In accordance with Article L 121-20 of the French Consumer Code, the Customer is informed that he has a period of fourteen (14) calendar days from the date of remote Subscription to the Program to exercise his right of withdrawal, without penalty and without having to justify a reason.

The right of withdrawal can be exercised by e-mail to the address: Mrs. Ronen//7D Kerlane//56400 Plumergat// or by registered letter with acknowledgement of receipt addressed to Ecole de Yoga Périnatal & Yoga-Doula, 7D lieu-dit Kerlann, 56400 Plumergat.

When the right of withdrawal is exercised, the Service Provider is required to reimburse the CLient for the totality of the sums paid, as soon as possible and no later than thirty days following the date on which this right was exercised.

Beyond that date, the sum due shall automatically bear interest at the legal rate in force.

However, given the digital nature of the Programs accessible via the Website and not provided on a hardware support, the Customer acknowledges that by purchasing the Program and by starting to follow it remotely, at his express request before the end of the 14-day withdrawal period, he expressly renounces his right of withdrawal, in accordance with the applicable regulations and in particular the provisions of Article L221-28 of the French Consumer Code.

The Customer who has subscribed on the spot to a Program dispensed in person on the day of subscription does not benefit from the right of withdrawal.

ARTICLE 10 – Liability of the Service Provider

The Programs provided by the Provider, both in person and online, comply with the regulations in force in France.

The Programs are provided to the Customer for information purposes. In this respect, the lessons offered as part of these Programs are only general information and do not constitute personalized advice, nor do they constitute acts necessary for the diagnosis, monitoring of pregnancy and psychoprophylactic preparation for childbirth, nor acts necessary for the monitoring and practice of childbirth or postnatal care, which fall within the scope of acts practiced by health professionals such as midwives, in accordance with the provisions of Article L4151-1 of the Public Health Code.

Thus, the information provided by the Provider in the context of these Programs does not replace the necessary and mandatory medical follow-up before, during and after pregnancy, and is only informative, non-personalized, complementary services that are the Customer’s individual choice, which the Customer expressly acknowledges.

Thus, the Customer acknowledges that the Customer is solely responsible for the use of the information and recommendations provided by the Provider in the context of online or face-to-face monitoring of the Programs purchased, and the Provider shall not be liable for the consequences of the Customer’s use of such Programs.

The Provider will use its best efforts to ensure that the Online Training Programs are accessible at all times by the Customer on the Website. However, access to the Programs may be suspended, for a period that will be as short as possible, in the event of technical maintenance operations necessary to update the Website, its evolution and/or the correction of bugs, or any other technological circumstances beyond the Provider’s control, without the Provider’s liability being engaged in this respect and without giving rise to any right to compensation from the Customer for the inconvenience caused. Maintenance operations may be carried out without prior notice to the Customer.

Access to the Programs may also be suspended in the event of force majeure or the occurrence of an event beyond the Service Provider’s control.

The Service Provider reserves the right to cancel the Programs in person or remotely if there is no minimum number of customers or if the Service Provider or its agent is unable to run the Program.

In the event that a provider is no longer able to facilitate a Program, the Provider will make its best efforts to replace the provider. If no replacement can be found, the Provider reserves the right to terminate the Program permanently.

In general, the Service Provider shall not be liable in the event of any failure, breakdown, difficulty or interruption of operation preventing access to the Program, in particular when these impediments originate from the Platform.

The equipment used by the Customer to connect to the Website is under its sole responsibility. The Customer must take all appropriate measures to protect the equipment and its own data from virus attacks via the Internet.

The Service Provider shall not be liable for any consequential damages:

  • to the use of a Program accessible via the Website in contravention of these Terms and Conditions;
  • to the non-respect, in particular by negligence, of the rules enacted within the GCS in terms of security (equipment but also login and password);
  • to an accident occurring to the Customer during a classroom Program, unless proof of fault on the part of the Provider is established;
  • a malfunction of the mobile terminal/equipment from which the Customer accesses the Programs or its Internet connection.

In any event, the Service Provider’s liability can only be engaged in the event of proven fault or negligence and shall be limited to the direct damage suffered by the Customer, excluding any indirect damage of any nature whatsoever and in particular any loss of opportunity or result. In the event that the Service Provider is held liable, the total amount of all sums charged to the Service Provider shall not exceed the total amount of the price paid by the Customer under the Program concerned.

ARTICLE 11 – Responsibilities of the Customer

The Customer undertakes to comply with these GTC and the obligations arising therefrom.

In general, the Customer undertakes to:

  • assume full responsibility for the accuracy of the data/Content it transmits to the Service Provider under these GTC ;
  • respect the confidentiality and secrecy of any correspondence exchanged in the discussion forum and during the Programs in person;
  • not to alter or disrupt the integrity or execution of the Programs or Content;
  • pay the price of the Program(s) purchased remotely or on site;
  • respect all of the Provider’s intellectual property rights, in particular with respect to the Programs;
  • Not to take advantage of all or part of the instruction provided under the Program, outside the context for which it was designed.

With respect to the E-Learning Programs, the Customer agrees to:

  • to have the environment and technical equipment necessary for the implementation and proper functioning of the Programs via the Website (anti-virus, compatible operating systems and browsers, etc.) and to comply with any technical prerequisites in order to avoid any harmful consequences such as slowdowns or blockages;
  • not to publish any abusive, defamatory or infringing third party rights on the private discussion forum, if any, made available to the Customer and accessible via the Service Provider’s Program on the Website; In this regard, the Service Provider may deny access to the discussion forum to the Customer who does not comply with the rules of operation of the forum specified herein and in the TOS of the Website or the Platform;
  • not to make the Programs available to a third party or to rent them, whether in return for payment or free of charge;
  • not to attempt to obtain unauthorized access to the Programs or to associated systems or networks;
  • not to use the Programs in conditions that may affect the proper operation or security of the Website.

ARTICLE 12 – Personal Data

In application of the French law n°78-17 of January 6, 1978 as amended and of the European Regulation n°2019/679 relating to data protection of April 27, 2016 (called „RGPD“), it is reminded that personal data provided by the Customer remotely, via the Website or by post or on site when subscribing to a Program are processed:

  • by the Service Provider, in its capacity as data controller, in the context of processing the Remote or On-Site Subscription to a Program, providing the Programs, preparing invoices and making payments, sending newsletters and distributing promotional information in connection with the Programs,
  • by the Provider’s partners, subcontractors, for the strict needs of execution of the missions entrusted to them within the framework of the provision of online and face-to-face Programs;

This personal data will only be processed or used (i) insofar as this is strictly necessary for the execution of pre-contractual measures or the execution of the GCS, (ii) in the legitimate interest of the Service Provider or (iii) to meet a legal or regulatory obligation.

The processing of information communicated by the Customer complies with legal and regulatory requirements regarding the protection of personal data. The Service Provider undertakes to take the necessary precautions to preserve the security and confidentiality of the data and in particular to prevent it from being distorted, damaged or communicated to unauthorized persons.

All personal data collected is kept for a limited period of time, depending on the purpose of the processing and the retention period provided for by the legislation in force.

The Customer has, in accordance with the national and European regulations in force, the right to access, rectify, delete, oppose, transfer and limit the processing of information concerning him/her.

These rights can be exercised by mail or email:
School of Perinatal Yoga & Yoga-Doula
Mrs. Semadar RONEN alias Gurujagat Kaur
Address: 7D KERLANN
56400 PLUMERGAT
Email : info@yoga-doula.eu

In the event of a complaint, the Customer may contact the CNIL, which is the competent authority for the protection of personal data, whose contact details are as follows: 3 Place de Fontenoy, 75007 Paris, telephone: 01 53 73 22 22.

ARTICLE 13 – Intellectual Property

The Content of the Programs (comments, information, supports, presentations, texts, comments, works, illustrations, images, videos, etc.) and of the Website are the exclusive property of the Service Provider and/or its partners and is protected, for the whole world, by copyright and, where applicable, by the law protecting the databases of which the Service Provider and/or its partners are the producers. These Contents and Programs may not be reproduced, represented, loaned, exchanged or transferred in any way, even partially, or be the subject of total or partial extraction of data and/or transfer to another medium, modification, adaptation, arrangement or transformation.

Only a right of use, to the exclusion of any transfer of intellectual property rights of any kind whatsoever, is granted to the Customer. In particular, the right to use the Programs is granted only for the sole and unique purpose of allowing the Customer to follow the Programs purchased online, to the exclusion of any use for other purposes, in particular commercial.

ARTICLE 14 – Force majeure

The Parties may not be held liable if the non-execution or delay in execution of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code.

Are considered as force majeure those usually retained by law and the jurisprudence of the French Courts and Tribunals, in addition to strikes of any kind, cataclysms, fires or floods.

Are considered as cases of force majeure those usually retained by the law and the jurisprudence of the French Courts and Tribunals, in addition to strikes of any kind, cataclysms, fires or floods.

The party observing the event must immediately inform the other party of its inability to perform and justify its inability to do so to the latter. The suspension of obligations can in no case be a cause for liability for non-performance of the obligation in question, nor induce the payment of damages or penalties for delay.

The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed a period of 30 days. Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the Parties shall make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the Party prevented from doing so shall notify the other Party of the resumption of its obligation by any means, including by registered letter with acknowledgement of receipt or any extrajudicial act.

During this suspension, the Parties agree that the costs arising from the situation shall be borne by the party prevented. However, it is expressly agreed that the price of the Program(s) purchased shall not be reimbursed if a case of force majeure prevents the Service Provider from performing its obligations.

If the impediment is definitive or exceeds a period of (30) working days, either of the Parties may request by registered letter with acknowledgement of receipt the termination of these GCS, without any compensation being claimed in this respect.

ARTICLE 15 – Termination

The GCS may be terminated by either Party in the event of non-compliance by the other Party with any of its obligations under these GCS, in particular in the event of infringement of the Service Provider’s intellectual property rights by the Customer or failure to pay all or part of the sums due to the Service Provider within the time limit.

Such termination shall take effect upon notification by the aggrieved party by registered letter with acknowledgement of receipt, without prior formal notice, the mere observation of the non-performance of one of these obligations being sufficient.

In any event, the aggrieved Party may claim damages from the courts.

ARTICLE 16 – Applicable law – Language

The present GTC and the operations resulting from them are governed by and subject to French law.

These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

ARTICLE 17 – Disputes

All disputes to which the present GTC may give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not be resolved between the Service Provider and the Customer shall be submitted to the competent courts under the conditions of common law.
The Customer is informed that it may in any case resort to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or with the existing sectoral mediation bodies, whose references appear on the Website:

https://www.economie.gouv.fr/mediation-conso/presentation-mediation-conso

or to any alternative dispute resolution method (e.g., conciliation) in the event of a dispute.
November 2020