General Terms and Conditions
Last update: April 15th 2022
The following General Terms and Conditions (hereafter referred to as “GTC”) are the property of the seller Morgane Lemattre - Soins par l’énergie - Transform with Morgane (hereafter referred to as “the Seller”), microentreprise registered in the French Business Directory under the Siret n° 822 466 512 00024, represented by Morgane Lemattre, the head office is located in France, in the town of Dannes (62187), 11b, rue des Déportés; phone number (mobile): +336-49-87-31-72 (extra fees may apply when calling a French mobile phone from abroad, using messaging apps is advised); e-mail address: email@example.com
The Seller is the owner and publisher of the website et éditeur du site internet https://www.morganeolivia.com (hereafter “the Website”). The website is hosted by Wix; here are the details: Wix.com Inc., 500 Terry A François Blvd San Francisco, CA 94158, USA, phone number +1 415-639-9034.
The website displays and introduces to the client (hereafter “the Client”, that is to say any being above the legal age of 18 years old according to the French Law and who has legal means of payment, wherever he or she is located in the world) the possibility to have services of energy work and/or personal development coaching. The Website also offers digital products (PDF and MP3, hereafter referred to as “Products/Services”).
Before using the Website, the Client needs to make sure that he/she has the necessary technical and electronic means that enable an optimal use and to place an order from the Website and that his/her browser enables a secure access to the Website. The Client also needs to make sure that his/her dives is working properly and clear from any virus.
2. Application and enforceability of the GTC
The purpose of these very GTC is to define the conditions in which the Seller sells the Products and/or Services to the Client. Therefore, they apply to any order (hereafter “Order”) of any Products and/or Services placed on the Website by the Client.
The Client acknowledges having read and agreed to these very Terms and Conditions before placing his/her Order.
The validation and payment of the Order implies that the Client has agreed to these very GTC. These are updated on a regular basis, the GTC that apply to each order are the ones displayed on the Website at the very moment when the Order is placed.
Any other and opposite condition set by the Client, in the absence of express acceptance, unenforceable against the company regardless of when it may have been brought to Her attention.
The fact that the company does not avail itself at a given time of any provision of these GTC cannot be interpreted as a waiver of any provision of these GTC at a later date.
3. Order of Products/Services from the Website
The seller reserves the right to correct and modify the content of the Site at any time.
The Products and/or Services offered for sale are described and presented with the greatest possible accuracy. Nevertheless, the result obtained by the Client is his/her responsibility, it does not engage the responsibility of the company and does not affect the validity of the sale.
The Client selects the Product(s) and/or Services he/she wishes to purchase, and can access the summary of his/her Order at any time.
The summary of the Order states the list of the Product(s) and/or Services that the Client has selected. The Client has the possibility to modify his/her Order and correct any errors before proceeding to the acceptance of his/her Order.
After accessing the summary of his/her Order, the Client confirms the acceptance of his/her Order by ticking the validation box of the GTC, then by clicking on the validation icon of the Order. The mention "Order with payment obligation" or an unambiguously similar formula appears next to the Order validation icon to ensure that the Client explicitly acknowledges his/her obligation to pay the Order.
After agreeing to the GTC and validating the Order with payment obligation, the contract is validly concluded between the seller and the Client and binds them irrevocably.
After validation of his/her Order and in order to be able to proceed with the payment, the Client enters the contact details to which he/she wishes to obtain delivery of the Product (s) and receipt of the Service(s), and invoicing details if they are different.
The process of delivery of the product(s) and receipt of the service(s) is described in Article 5 of these very GTC.
The Seller then sends the Client an Order confirmation by email, containing the elements summarising his/her Order and the billing details provided.
After validating his/her delivery details and, if applicable, invoicing details, the Client proceeds to the payment of his /her Order according to the terms specified below.
4. Price and terms of payment of the Order
The prices displayed on the Website https://www.morganeolivia.com on each Services and Products description are in Euros (€ or EUR) and without tax because as a microentreprise, VAT does not apply according to the Article 293B of the General Tax Code (Code Général des Impôts), hence the mention VAT does not apply (art. 293B of C.G.I.) displayed on each invoice.
The total amount is indicated in the summary of the Order, before the Client accepts these GTC, validates his/her Order, fills in and validates his/her delivery and invoicing details and proceeds to payment. This total amount is indicated free of VAT.
The Order of the Products and/or Services on the Site is due in euros. The full payment must be made on the day of the Order by the Client, by credit card except special conditions of sale expressly accepted by the Client and the Seller.
The Client guarantees to the company that he/she has the necessary authorizations to use the payment method when placing the Order.
If the Client resides outside the Euro Zone, the payment will be made in Euro (€) and will therefore be subject to the exchange rate set by Stripe or PayPal, the Seller has no control over this fact and does not take any profit from it.
However, if the Client requested it, the payment could be made by bank transfer. In any case, the Company will not bear the additional cost of the means of payment chosen by the Client if applicable.
Exceptionally, the payment may be made by check if the Client resides in Metropolitan France, but only with the prior agreement of the Seller; in this case, the Service can only be performed after receipt, presentation of the check to the bank and cashing.
The services must be paid for before the Service is performed. For packs of several sessions or programs of several weeks, the payment may be done by instalments, but the full amount must be paid no later than the last day of the coaching communicated to the client.
4.1 Cancellation of Order
In case of non-payment or partial payment of any sum due by the Client to the company, in case of payment incident, fraud or attempted fraud related to the use of the site and/or the payment of an Order, the Seller reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and phase of execution.
The order placed implies the acknowledgment of these GTC, the Order will be validated when the payment will have been validated by PayPal, Stripe or the Bank Institution. A proof of transfer may be accepted to validate the order as funds may take several days to be transferred.
4.2: Specificities of packs and programs
For packs of several sessions and programs, payment plans can be agreed on.
For packs of sessions (which are different from programs) each session can be paid individually as they take place if the totality of the sessions are booked within 2 months.
Exceptionally and with prior agreement of the Seller, if the Client preferred to make a check for the full amount, it must be given to the Seller before the first session and will be cashed at the latest halfway through the duration of the program.
4.3: Refund and late payment
In any case and for any of the purchased services, whether the payment is made by check, PayPal, Stripe or bank transfer, the Client guarantees that he/she has the necessary authorizations and funds to honor the payment and use his/her chosen means of payment. Sessions are non-refundable. The Client validates his/her order and makes his/her payment according to his/her own decision and free will.
4.4 : Offers and quotes
For any request for information on rates, etc. and request for a quote, the offer is valid for 7 days. If the order has not been confirmed or if a payment has not been made within 7 days, the offer will then expire.
If the Seller were to increase his rates within this period, once the initial offer has expired, the new rates will then apply in case of order renewal.
4.5 Cancellation of Orders
The Seller reserves the right to refuse or cancel any order for any Client with whom a dispute would have already taken place. In the event that the order is refused after payment has been made, the Seller will reimburse the full amount paid to the said Client.
The seller also reserves the right to refuse a Client without having to justify herself if she finds that the Service is not adapted to the Client, also in case of suspicious behavior or if she notices the Client is starting to develop a dependence or if she suspects an overconsumption that would not be beneficial to the Client. In this case, if the payment has already been made, the Company will reimburse the amount paid to the said Client.
5. Use of Services/Delivery
The services are exclusively done remotely and the goods are only digital, so all exchanges are done by email and/or via encrypted instant messaging applications, voice call or video conference.
The service(s) is (are) automatically delivered to the Client from the moment when the Order is validated and paid.
The seller undertakes to deliver the product(s) within a period not exceeding 48 hours from the date of the Order.
The Client must ensure that the information provided when placing his/her Order is correct. The Client is informed by email. The digital product(s) ordered (are) sent to the email address indicated by the Client when ordering under the conditions specified in Article 3 of these GTC.
The Client must ensure that the information provided is correct, and remains so until the service is fully completed. The Client therefore agrees to make sure to inform the Seller of any change in billing details that would occur between the Order and the delivery of the Service, by sending, without delay, an email to the customer service.
Regarding e-book products and MP3 files, the Client will inform the company of any change in contact details (email) necessary to send the documents. Otherwise, in case of delay and/or error in the information provided, the Client can in no way engage the responsibility of the Seller in case of non-delivery, the Seller will contact the Client so that she can send the said Products.
The seller will also not be responsible if the non-receipt of the Products and/or Services is due to a technical problem but will of course take necessary actions to assist the Client and ensure that his/her order has been fulfilled.
In the event of a technical problem, the Client can contact the Seller at the email address contained in Article 6 of these GTC.
6. Customer service
For any request for information, clarification or assistance, or also in case of claim, the Client may contact the seller in order to try to find a solution to the problem.
Morgane can be reached by e-mail at any time from Monday to Saturday from 11am to 6pm via the following means:
- Phone : +33649873172 (extra fees may apply when calling a French mobile phone from abroad, using messaging apps, like WhatsApp, Telegram or Signa is strongly recommended)
- Email : firstname.lastname@example.org
7. Legal and commercial guarantees
Article L. 217-4 of the Consumer Code:
The seller is obliged to deliver goods in conformity 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 it has been charged to him by the contract or has been carried out under his responsibility.
Article L. 217-5 of the Consumer Code:
The Product is conform to the contract:
If it is conform for the use usually expected from a similar good and, when applicable:
– if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or his representative, in particular in advertising or labelling; or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L. 217-7 of the Consumer Code:
Defects of conformity which appear within twenty-four months of delivery of the goods shall be presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may combat this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked..
Article L. 217-8 of the Consumer Code:
The buyer is entitled to demand the conformity of the good with the contract. He cannot, however, contest conformity by invoking a defect which he knew or could not have been unaware of when he contracted. The same applies when the defect has its origin in the materials that he himself supplied.
Article L. 217-9 of the Consumer Code:
In case of lack of conformity, the buyer chooses between the repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a cost manifestly disproportionate to the other modality, taking into account the value of the goods or the importance of the defect. He is then obliged to proceed, unless impossibility, according to the modality not chosen by the buyer.
Article L. 217-10 of the Consumer Code:
If the repair and replacement of the good is impossible, the buyer can return the good and have a refund for the price or keep the good and have part of the price reimbursed. The same faculty is open to him:
1 ° If the solution requested, proposed or agreed pursuant to Article L. 217-9 can not be implemented within one month of the buyer's complaint;
2 ° Or if this solution can not be without major inconvenience for the latter given the nature of the good and the use it seeks. The resolution of the sale can not, however, be pronounced if the lack of conformity is minor.
Article L.217-11 of the Consumer Code:
The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. The same provisions do not preclude the award of damages.
Article L. 217-12 of the Consumer Code::
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code:
When the buyer requests from the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. That period shall run from the date of the buyer's request for intervention or from the making available for repair of the goods in question, if such making available is subsequent to the request for intervention.
Article 1641 of the Civil Code:
The seller is bound by the guarantee in respect of 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 would have given only a lower price, if he had known about them.
Article 1643 of the Civil Code:
He is liable for hidden defects, even if he would not have known about them, unless, in this case, he has stipulated that he will not be bound by any guarantee.
Article 1644 du Code civil :
In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned.
Article 1648 paragraph 1 of the Civil Code:
The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.
7.1: Obligation of Means
The seller is responsible for delivering the service corresponding to the service purchased by the Client and to implement all the actions necessary for the delivery of this service.
The seller is bound by an obligation of result to deliver the service and an obligation of means for the result resulting from the performance of the service. In this sense, the Seller has an obligation of means, that is to say that she can not guarantee that the purpose is in accordance with the expectations of the Client.
Any being may contract except in the case of incapacity stated for by law. The capacity of legal persons shall be limited to acts useful for the attainment of their object as defined by their statutes and to acts ancillary to them, in compliance with the rules applicable to each of them. Each Client is unique and reacts differently to the different types of Services.
Advice and an approach will be provided and offered, the Client is free to follow them or not, the Seller is not responsible if the Client chooses not to follow such advice.
The Client understands that he/she is 100% responsible for his /her results, his/her investment in time and energy (real desire to change the situation in question, make the efforts and apply the advice).
The seller will never carry out any medical diagnosis whatsoever, will never advise any drug whatsoever and will never interfere, judge or give her opinion on the ongoing medical treatment of her Clients, she will never ask for information related to the treatment, this does not fall within her field of competence or scope of application, she will never advise a Client to stop his/her treatment. Only the opinion of a medical doctor counts in this field, Morgane (as a being and as a Seller) disclaim any responsibility.
Although energy healing sessions can be a beneficial as a complement to daily wellness routine, it can by no means replace medical advice or consultation with the competent authority of the field in question.
During and after energy work, healing crises may occur, resulting from the release of toxins and the increase in the Client's vibrational frequency. The Seller cannot be held responsible for the effects of healing/detox crises and will always recommend the Client to consult a medical doctor in case of doubt in order not to miss something if the symptoms persisted.
The Seller will not accept any claim in case of healing/detox crisis following a session if any, it is part of the process, each individual is unique and reacts to energy work in his/her own way. By placing an order, the Client acknowledges being acquainted with this fact. However, Morgane will be available for any question relating to the session carried out if the Client needs.
In the same way, the Seller does not carry out financial or legal consultations, only the competent authorities in each specific area count. The Seller cannot be held responsible for the results of decisions taken by the Client following a session because she has no authority, influence or power over the Client's decisions in any field whatsoever.
8. Client’s Obligations du client
The Client agrees to respect the GTC.
The Client agrees to use the Website and the Services according to the Seller’s instructions.
The Client agrees to use the Website only for his/her personal use, in accordance with these GTC. In this regard, the Client agrees:
- not to use the Website in any illegal way, for any illegal purpose or in any way incompatible with these GTC;
- not to sell, copy, reproduce, rent, lend, distribute, transfer or sub-license the content appearing on the Site, whether in its entirety or partially, nor to decompile, reverse engineer, disassemble, modify, display in form readable by the Client, attempt to discover any source code or use any software activating or including all or part of the Site;
- not to attempt to get unauthorized access to the Website’s computer system or to engage in any activity that disrupts, diminishes the quality or interferes with the performance or impairs the functionality of the Website;
- not to use the Website for abusive purposes by voluntarily introducing viruses or any other malicious program and not to attempt to access the Site in an unauthorized manner;
- not to infringe the intellectual property rights of the Seller and/or to resell or attempt to resell the Products to third parties;
- not to denigrate or put down the Site and/or the Products/Services and/or the seller on social media networks or any other means of communication. If, for any reason, the seller considers that the Client does not comply with these GTC, the Seller may at any time, and at its sole discretion, remove the said Client’s access to the Site and take all measures including any civil and criminal legal action against him/her.
9. Right of withdrawal
In accordance with articles L.221-18 and following the Consumer Code: the Client has a period of 14 days from the validation of his Order on the Website to exercise his right of withdrawal with the Seller, without having to justify reasons or pay any penalty.
However, the Services and Products offered and provided by the Seller correspond to the Services and Products excluded by Article L. 221-28 of the Consumer Code: (points 1 and 13 more precisely), reproduced below:
The right of withdrawal cannot be exercised for contracts:
1° Of provision of services fully performed before the end of the withdrawal period and whose execution has begun after prior express agreement of the consumer and express waiver of his right of withdrawal;
2° Supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3° Supply of goods made according to the specifications of the consumer or clearly personalized;
4° Supply of goods likely to deteriorate or expire quickly;
5° Supply of goods that have been unsealed by the consumer after delivery and that can not be returned for reasons of hygiene or health protection;
6° Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles;
7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
11° Concluded during a public auction;
12° Provision of accommodation services, other than residential accommodation, transport services of goods, car rentals, catering or leisure activities that must be provided on a fixed date or period;
13° Supply of digital content not supplied on a material medium whose execution has begun after prior express agreement of the consumer and express waiver of his right of withdrawal.
However, for packs of several sessions, the Client may exceptionally request the refund of the session(s) not performed in the event that it has already been paid.
To exercise his/her right of withdrawal from the Order, the Client must notify his/her decision to withdraw by means of the withdrawal form proposed in the appendix hereto or by means of an unambiguous declaration, without justifying reasons.
The Client may communicate his decision of withdrawal to the seller by email to email@example.com.
In the event of notification to the Seller by the Client of his/her decision to withdraw, regardless of the means used, the Seller will send him/her without delay an acknowledgment of receipt of the withdrawal on a durable medium (in particular by email).
In case the Client exercised his/her right of withdrawal, the refund of the Product(s) and/or Services that has or have been the subject of the right of withdrawal is made by the Seller by the same means of payment as that used for the initial transaction, unless the Client expressly agrees to a different means. In any case, this refund will not incur any costs for the Client.
The refund is made as soon as possible, and at the latest 14 days from the day on which the seller is informed of the Client’s decision to withdraw from his/her Order. In case of use of the Services within the withdrawal period, the Client is considered to have expressly waived his right of withdrawal.
The Seller takes all necessary measures to ensure the Client’s supply of quality Product(s)/quality Service(s) in optimal conditions. However, it can in no way be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which would be attributable either to the Client, or to the unforeseeable and insurmountable fact of a third party outside the contract, or to a case of force majeure. More generally, if the Seller’s liability were engaged, she could in no way agree to compensate the Client for indirect damages or whose existence and / or quantum would not be established by evidence.
The seller will not be held responsible for damages caused by misuse of one of its Products / Services or by non-compliance with precautions of use and safety when using one of her Products / Services.
The Website may contain links to other sites not published or controlled by the Seller, who cannot be held responsible for the operation, content or any element present or obtained through these sites. The establishment of such links or the reference to any information, articles or services provided by a third party, can not and shall not be interpreted as an express or tacit endorsement by the Seller of these sites and these elements or their contents.
The Seller is not responsible for the availability of these sites and cannot control their content or validate the advertising, product(s)/service(s) and other information disseminated on these websites.
It is expressly stipulated that the Seller can’t be held responsible, in any way whatsoever, for the event that the computer equipment or e-mail of the Clients rejects, for example because of an anti-spam, the e-mails sent by the Seller, and in particular, without this list being exhaustive, the copy of the payment ticket, the summary statement of the Order or the shipping tracking email.
The Client is fully aware of the provisions of this article and in particular the aforementioned guarantees and limitations of liability, essential conditions without which the company would never have contracted.
The Client agrees not to undermine the security of the Site. To this end, he/she agrees not to proceed with any fraudulent access and/or maintenance in the Seller's information system. The Client may also not harm or hinder the Seller's information system. Failing this, the Seller may take any measure against him/her and in particular engage his/her criminal liability under articles 323-1 and following of the Penal Code.
12.Intellectual property and personal data
All the elements of this Website and the Website itself are protected by copyright, trademark law, designs and models and / or any other intellectual property rights.
These elements are the exclusive property of the Seller. All of these rights are reserved for the whole world. The name and brand logos, designs and models, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the seller.
No title or right whatsoever to any element or software will be obtained by downloading or copying elements of this website. It is strictly forbidden for the Client to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this website and the elements and software it contains, nor modify them or perform any work based on them, nor sell or participate in any sale in connection with this Site, the elements of this Site or any software relating thereto.
The Client agrees not to distribute the digital content purchased, consulted and sent by the micro-enterprise.
The seller grants the Client a non-exclusive license to use the Website. This license is strictly personal and may not be assigned or transferred to any third party under any circumstances.
The license is granted for the duration of use of the Website. Any use by the Client of the company’s names, brands and distinct signs belonging to the Seller is strictly prohibited except in case of express and prior agreement of the Seller.
The coaching programs and exercises are tailor-made for each Client according to their needs, the data are personal and the programs are part of the intellectual property of Morgane/the Seller, they must not go beyond the scope of the sessions or be put online, either partially or in their entirety.
All contents of programs, courses, exercises, documents, files, personalized e-mails as well as meditations and teachings are the intellectual property of Morgane/the Seller. Any distribution, reproduction, extracts, whether online, on paper or any other media are strictly prohibited and constitute a violation of intellectual property and these GTC.
The sessions that take place by voice or video call are not recorded. If the Client wishes a recording, he/she may do so by his/her own means but must request explicit prior permission from Morgane and obtain it explicitly. In case of acceptation, the recordings must in no case be distributed, broadcast or shown to third parties or put online. The Seller does not consent and declines all responsibility. These General Terms and Conditions of Sale are the property of the Seller, who reserves the right to modify these GTC at any time without any notice. The applicable GTC will be those displayed at the time of the order.
Article 13: Personal data
The seller understands that data protection and privacy is an issue for all Internet users visiting the Website. The Seller undertakes, in accordance with the GDPR regulations, to respect your privacy and to protect your personal data, i.e. likely to identify you directly or indirectly as a person.
As part of the order, the Seller is intended to collect personal data of the Client. The Seller undertakes to protect the personal data of Clients.
The files containing personal data necessary for the order are stored on the servers of the host of the Website. This service provider ensures compliance with the requirements of the General Data Protection Regulation (GDPR).
The seller does not communicate or trade the personal data of Clients. At the order stage on the Site, the Client expressly consents to the collection and processing of his personal data necessary to carry out the orders.
The purpose of the personal data collected by the Seller is to allow the order to be carried out. The various personal data will not be kept longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or tax obligations.
In accordance with the provisions of Law No. 78-17 of 6 January 1978, as amended by Law No. 2004-801 of 6 August 2004 known as "Informatique et Libertés", and the General Data Protection Regulation (GDPR), subject to proving your identity, any Client, regardless of nationality, has a right of access, modification and deletion of his personal data.
Each Client is also entitled to request a limitation of the processing of his/her data and also has a right to data portability as well as a right to object to the processing of personal data concerning him.
For the purposes of applying this clause and, in particular, to ensure the confidentiality processing of Clients’ data, the Seller has appointed, in accordance with the provisions of the General Data Protection Regulation (GDPR), a data protection officer, who can be contacted at the following address: firstname.lastname@example.org.
In any case, any Client has the right to make any claim to the CNIL.
By ticking the box provided for this purpose or by expressly giving his/her agreement for this purpose, the Client accepts that the Seller may send him/her, at a frequency and in a form determined by her, a newsletter that may contain information relating to her activity.
When the Client ticks the box provided for this purpose in the registration process on the Website to place the Order, he/she agrees to receive commercial offers from the Seller for products / services similar to those ordered. Clients will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters.
14. List of opposition to telephone canvassing
The Client has the possibility to register free of charge on a list of opposition to telephone canvassing BLOCTEL (www.bloctel.gouv.fr) in order to no longer be approached by telephone by a professional with whom he does not have an ongoing contractual relationship, in accordance with Law No. 2014-344 of 17 March 2014 on consumption. Any consumer has the opportunity to register for free on this list here https://conso.bloctel.fr/index.php/inscription.php.
15. Applicable law and jurisdiction
These GTC shall be governed by and construed in accordance with French law, without regard to the principles of conflict of laws.
In the event of a dispute that may arise in connection with the interpretation and/or execution of these Terms and Conditions or in connection with these GTC, the Client may decide to submit the dispute with the seller to a conventional mediation procedure or any other alternative method of dispute resolution..
According to articles L.616-1 and R.616-1 of the Consumer Code (code de la consommation), the Company has a system of mediation. The mediation company is the following: SAS CNPM - MÉDIATION - CONSOMMATION.
In case of dispute, the Client can get in touch with the company and open a dispute online at this URL: http://cnpm-mediation-consommation.eu
or by post mail at this address: CNPM - MÉDIATION - CONSOMMATION, 27, avenue de la Libération – 42400 SAINT-CHAMOND - France
You can use the mediation service for consumer disputes related to an order placed on the internet. To find out how to refer the matter to the Ombudsman at the link above.
Finally, it is recalled that mediation is not mandatory but only proposed in order to resolve disputes by avoiding recourse to the courts. The Client may also visit the European consumer dispute resolution platform set up by the European Commission at the following address and listing all the dispute resolution bodies approved in France: https://webgate.ec.europa.eu/odr/.
In case of failure of this mediation procedure or if the Client wishes to seize a court, the rules of the Code of Civil Procedure will apply.
Annex 1 - WITHDRAWAL FORM
You can copy/paste the text below or download the PDF file by clicking on the following "PDF" button.
11 bis rue des déportés
I hereby notify you of my withdrawal from the contract for the sale of the product(s)/service(s) hereinafter mentioned:
Date of Order:
Date of Receipt: