Terms of Sales
The general conditions of sale refer to all contractual information binding a seller of products or services to his buyer. These legal obligations may be implicit, when they are not subject to the direct acceptance of the contract by the buyer or the subscriber, or explicit when the general conditions of sale or GTC must be signed or validated by the buyer or the subscriber. .
Sellers or service providers have the obligation to make available to their customers, their general conditions of sale, on simple request from them. In case of conflict or litigation, it is the clauses of the GCS which serve as a reference for the legal settlement of the dispute.
These General Terms and Conditions of Sale (hereinafter the “GTC”) are offered by PIERRE LESUEUR COACHING, whose registered office is located at NASH ROAD NORTH HAMILTON L8H 2P5 (hereinafter “THE SELLER”).
THE SELLER offers, through its website https://pierrelesueurcoaching.com/ (hereinafter the “Site”), Online Coaching, Sports Programs and Ebooks (hereinafter the “Products and Services”).
Each customer acknowledges having read, in a legible and understandable manner, these GCUS as well as all the information necessary for the execution of these, prior to placing their order and before any conclusion of his contract with PIERRE LESUEUR COACHING.
1. APPLICATION AND OPPOSABILITY OF THE GTCUS
These GCUS apply to any use of the Site as well as to any order of Products and services by any customer, natural person, acting for purposes that do not fall within the scope of his professional activity carried out on the Site, from 06/20/2022.
The purpose of these GTCUS is to define the conditions for ordering Products and services, and to determine the respective rights and obligations of each of the parties in the context of the supply of Products and services.
Unless otherwise agreed in writing by the parties, these T&Cs take precedence over any contrary clauses from previously drafted general conditions, and thus apply to the exclusion of any other agreement.
These GTCUS must be considered as an integral and essential part of the contract concluded between THE SELLER and each of its Customers.
These CGUV are systematically notified to the Customer when ordering on the Site. Each Customer must necessarily read and accept them in order to be able to validate their order on the Site. This acceptance consists of checking the box corresponding to the sentence of acceptance of these GCUS, such as, for example, "I acknowledge having read and accepted all the general conditions of sale published on the Site". Ticking this box will be deemed to have the same value as a handwritten signature from the Customer.
THE SELLER invites each Customer to read these T&Cs carefully, to print them and/or save them on any durable medium, before ordering any Product or service on its Site.
2. ACCESS AND AVAILABILITY OF THE SITE
THE SELLER offers free access to his Site, the Customer remaining in any case responsible for his computer equipment and his connection to the Internet, the costs of which are his responsibility.
Access to the Site can be made:
from a computer or an equivalent terminal with access to one or more telecommunications networks allowing access to the Internet network and Internet network browsing software (such as Internet Explorer, Mozilla Firefox, etc.);
a telephone terminal with access to a telecommunications network allowing access to the Internet network (3G, 4G, Edge, wifi connection, etc.).
THE SELLER makes its best efforts to make the site permanently accessible, subject to the maintenance operations necessary for the proper functioning of the Site or the servers on which it is hosted. In the event of interruption for maintenance, THE SELLER cannot be held responsible for the possible impact of this unavailability on the Customer's activities.
The Customer is informed of the technical risks inherent to the Internet and the interruptions of access which may result therefrom. Consequently, THE SELLER cannot be held responsible for any unavailability or slowdown of the Site.
The Customer is informed that the SELLER's servers are hosted by WIX online Platform Limited. - 1 Grant's Row, Dublin 2 D02HX96, Ireland.
Any breach by the Customer of the obligations incumbent upon him under these GCUS may result in the suspension or prohibition of the Customer's access to the Site.
3. TERMS OF CONCLUDING THE CONTRACT
Orders for Product(s) or service(s) are made through the Site.
It is possible to have a personal user account but is not a necessary and compulsory prerequisite in order to order Products and services on the Site. The creation of a user account is done using the following mandatory fields: Last name, first name, address, email. The user account allows access to a personalized interface, to manage his profile and his orders. However, in the event of incorrect information, the customer may not receive an email or encounter other difficulties in placing, tracking or receiving his order.
The Customer chooses directly on the Site the Product(s) or service(s) he wishes to order. THE SELLER strives to provide the most faithful possible visuals and descriptions of the Products and services. However, these visuals and illustrative texts not being contractual, the Customer cannot engage the responsibility of the SELLER in this respect.
The Customer is required to provide a certain amount of information concerning him in order to validate his order. All orders must be duly completed and must contain the information strictly necessary for the order. The Client is responsible for the truthfulness, accuracy and relevance of the data provided.
The Customer may make changes, corrections, additions or even cancel his order, until it is validated on the order summary page, before payment.
4. PRICE AND TERMS OF PAYMENT
4.1.Prices
Access to the Site as well as to the presentation of the Products and services is free for the Customer. Only the order of one or more Products and services will be subject to payment by the latter.
The prices of the Products and services are mentioned on the Site in euros/dollars and taxes included. The applicable prices are those valid on the day of the order on the Site by the Customer.
The prices of the Products and services and any additional costs related to the order are indicated, in a clear and understandable manner, on the summary of the order. Before placing the order, the Customer is required to confirm this summary.
4.2.Terms of payment
The prices will be invoiced on the basis of the rates in force at the time of the order. An invoice summarizing all the Products and services ordered by the Customer as well as their respective cost will be systematically sent to the latter.
The Customer will pay the price, directly on the Site, and imperatively before any realization by THE SELLER, and this, in accordance with the process provided for this purpose.
THE SELLER uses a secure third-party payment system Stripe, Paypal provided by Stripe, Paypal, VISA Mastercard and Interac.
Payment by the Customer is a necessary prerequisite for the validation of his order.
Failure to pay on the due date will automatically, without prior formal notice and as of right, result in the suspension or invalidation of the Customer's order, without prejudice to any other course of action.
5. RIGHT OF WITHDRAWAL
The Customer acknowledges having read it prior to the sale in these T&Cs.
In particular, Services starting immediately after purchase and fully executed before the end of the withdrawal period do not allow the Customer to benefit from his right of withdrawal if he has expressed an express waiver of his right of withdrawal. The right of withdrawal cannot be exercised in the context of the supply of digital content not provided on a material medium, the execution of which began before the end of the withdrawal period with the Customer's express waiver of his right of withdrawal.
6. RESPONSIBILITY
Each of the parties assumes responsibility for the consequences resulting from its faults, errors or omissions and causing direct damage to the other party.
6.1. Customer's responsibility
The Customer is solely responsible for the quality, precision, relevance and accuracy of the information he provides on the Site for the purposes of his order. The responsibility of the SELLER cannot be engaged in this respect.
The Customer is thus solely responsible with regard to the SELLER and, where applicable, third parties, for any damage, direct or indirect, of any nature whatsoever, caused by information or any other publication communicated, transmitted or disseminated to the occasion hereof, as well as any breach on its part of these contractual stipulations.
The Customer is, moreover, solely responsible for the choice of the Products and services that he has ordered through the Site.
Any Customer agrees not to use the Site in contravention of all laws, rules and regulations in force.
6.2.Liability of the SELLER
THE SELLER implements all appropriate measures to ensure the Customer the supply, under optimal conditions, of quality Products and services. It assumes full responsibility for the Products and services it offers and sells to Customers through the Site and will deal solely with potential complaints relating to said Products and services.
THE SELLER ensures the proper functioning of the Site but can in no way guarantee that it is free from anomalies or errors and that it operates without interruption.
THE SELLER cannot be held responsible for the non-functioning, impossibility of access or malfunctions of the services of the Customers' access provider, to those of the Internet network.
7. INTELLECTUAL PROPERTY
The Site, as well as the databases, texts, documents, information, images, photographs, graphics, logos, or any other data remain the exclusive property of the SELLER or, where applicable, of their respective owners from whom THE SELLER has obtained the operating permits.
THE SELLER remains the owner of all the intellectual property rights relating to its registered trademark, as well as all the intellectual property rights and copyrights relating to any other distinctive sign belonging to it.
Any reproduction and/or representation, downloading, translation, adaptation, exploitation, distribution, dissemination and/or communication, in any form whatsoever, whether commercially or not, of all or part of the brand and/or a work original spirit or data contained on the Site is strictly prohibited. The Customer also refrains from any action and any act likely to directly or indirectly infringe the intellectual property rights of the SELLER.
9.PROTECTION OF PERSONAL DATA
The Customer is informed that the creation of his personal account on the Site as well as his order of Products and services on the Site gives rise to the collection and automated processing of personal data concerning him by THE SELLER, the use of which is subject to the provisions of Law No. 78-17 of January 6, 1978 relating to Data Processing, Files and Freedoms, as amended by Law No. 2016-1321 of October 7, 2016 and European Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter the "GDPR").
THE SELLER makes available to the Customer, on its Site, a confidentiality charter specifying all the information relating to the use of the Customer's personal data collected by THE SELLER and the rights that the Customer has vis-à-vis vis-a-vis this personal data.
10.COOKIES
THE SELLER uses "cookies" in order to obtain statistical processing of and to improve the Customer's browsing experience.
THE SELLER places a "cookie" in the Customer's computer with his prior consent. The Customer has the option of refusing cookies when visiting the Site. The shelf life of this information in the Customer's computer is 13 months.
THE SELLER undertakes never to communicate the content of these "cookies" to third parties, except in the event of a legal requisition.
The Customer may also oppose the registration of "cookies" by configuring his browser software. To do this, the Customer will configure his browser:
For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
For Safari: https://support.apple.com/fr-fr/ht1677
For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
For Firefox: https://support.mozilla.org/fr/kb/enable-disable-cookies
11. HYPERTEXT LINKS
The Site may include hypertext links to other sites.
THE SELLER cannot, under any circumstances, be held responsible for the technical availability of websites or mobile applications operated by third parties to which the Customer may access via the Site. In addition, THE SELLER cannot therefore bear any responsibility for the content, advertising, products and services available on or from these sites, mobile applications or external sources.
If, despite the efforts of the SELLER, one of the hypertext links present on the Site pointed to a site or an Internet source whose content was or did not appear to comply with the requirements of French law to a Customer, the latter undertakes to immediately contact the director of publication of the Site, whose contact details appear in the legal notices published on the Site, in order to communicate to him the address of the pages of the third party site in question. THE SELLER will then take the necessary steps to remove the hypertext link concerned.
13.CUSTOMER SERVICE
The customer service of this Site is accessible by e-mail at the following address: lesueurbody@gmail.com or by post at the address indicated in the legal notices.
All rights reserved – January 01, 2021
