General Conditions of Sale

These general conditions of sale are concluded between heART transformation, a company shared within the SMART activity cooperative registered with the Lille Trade and Companies Register under SIRET number 501 589 501 00052, represented by Maria Friese.

HeART transformation is domiciled in Chemin de la Fontaine d’Encor – 32420 Simorre. The company can be contacted via email at maria@heart-transformation.com or by clicking on the contact form on the website.

Hereinafter the “Seller” or the “Company”, will be referred to on the one hand, and the natural or legal person purchasing the company’s products or services, as hereinafter “the Buyer or “the Customer”.

The following was stated and agreed:

Foreword

The Seller offers energy work, art therapy, artistic projects and training services for consumers, marketed through their website https://heart-transformation.com/

The list and description of services proposed by the Seller can be consulted on the aforementioned website.

Article 1: Object

These General Conditions of Sale (GCS) determine the rights and obligations of the parties in the context of the online sales of products or services proposed by the seller.

Article 2: General provisions

These General Conditions of Sale (GCS) govern the sales of Products or Services, made through the Company’s websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who accepted them before placing their order.

The Seller reserves the right to modify these conditions at any time by publishing a new version on their website. The GCS applicable are those in place at the date of payment of the order (or of the first payment in the case of multiple payments). The GCS are available on the company website at the following address: https://heart-transformation.com/conditions-generales-de-vente

The company also assures that their acceptance is clear and without reserve. The Customer declares to have read all of these General Conditions of Sale, and, where applicable, the Special Conditions of Sale related to a product or a service, and accepts them without restriction or reservation.

The Customer acknowledges that they have received the advice and information necessary to ensure that the offer meets their requirements.
The Customer declares to be able to contract legally under French law or validly represent the natural or legal person for whom they are committed.
Except for proof to the contrary the information registered by the company constitutes proof of the totality of transactions.

Article 3: Price

The price of the products sold on the websites are indicated in Euros without tax and precisely outlined on the pages describing the services. They are also indicated in Euros including all taxes (VAT + any other applicable taxes) on the page to order services.

The company reserves the possibility to modify the prices at any point in the future. The telecommunication fees necessary to access the company website are at the charge of the Customer.

Article 4 : Conclusion of the contract online

In accordance with the provisions of Article 1127-1 of the French Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to be able to place their order:
– Information on the essential characteristics of the Service;
– Choice of the Service, if applicable, of its options (date to be chosen in the calendar)
– Indication of the essential contact details of the Client (identification, email, address, etc.);
– Acceptance of these General Conditions of Sale;
– Verification of the elements of the order and, if necessary, correction of errors.
Before proceeding with its confirmation, the Buyer has the option of checking the details of their order, its price, and correcting any errors, or cancelling their order.

The confirmation of the order will constitute the formation of this contract. Then follow the instructions for payment, payment for the products, then delivery of the order. The Customer will receive payment confirmation for the order by email as well as an order confirmation confirming the order has been received.

The Customer will have the opportunity during their ordering process to identify any errors made entering data and to correct them.

The language proposed for the conclusion of the contract is French.

The archiving of communications, the order, the order details, as well as the invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the French Civil Code. This information can be produced as proof of the contract.

For the purposes of the successful completion of the order, the Customer undertakes to provide their real identification information.
The Seller reserves the right to refuse the order, for example, for any abnormal request, made in bad faith or for any legitimate reason.

Article 5: Products and services

The essential characteristics of the goods, services and their respective prices are made available to the Buyer on the company’s website, as well as, where applicable, the instructions for use of the product.

The sessions at the practice take place in Simorre, Avenue des Pyrénées at the agreed time and date, the remote sessions will occur preferably via the application Zoom (the login details and password will be communicated to the Customer before the session), or by telephone.

In accordance with article L112-1 of the French Consumer Code, the consumer is informed, by means of marking, labelling, display or any other appropriate process, of the prices and the special conditions of sale and of the execution of services before any conclusion of the sales contract.

In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The product sale price is that in force indicated on the day of the order. The Seller reserves the right to modify their prices at any moment while guaranteeing the application of the price indicated at the moment the order is placed.

When the products or services are not carried out immediately, clear information is given on the product presentation page concerning the delivery dates of the products or the services.

The Customer attests to have received details of the delivery fees, payment methods, delivery options and the execution of the contract as well as a detailed description relative to the identity of the Seller, their postal address, telephone number, email address and their activities in the context of the current sale.

The contractual information is presented in detail in French. The parties convene that the illustrations or photos of the products offered for sale are not contractually binding. The duration of the validity of the offer of products as well as their prices are indicated on the company’s website as well as the minimum duration of the contracts proposed when these refer to a continued or periodic delivery of products or services. Unless there are special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address provided).

Article 6 : Conformity

In accordance with article L.411-1 of the French Consumer Code, the products and services offered for sale through these T & Cs meet the requirements in force relating to, the health and safety of persons, the loyalty of commercial transactions, and consumer protection. Irrespective of any commercial warranty, the Seller remains liable for any lack of conformity and hidden defects in the product.

In accordance with article L.217-4 the Seller delivers a product that conforms with the contract and responds to any lack of conformity existing at the time of issue. They also respond to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to them by the contract or has been carried out under its responsibility.

Article 7: Reservation of title clause

The products and services remain the property of the company until the completion of payment of the price.

Article 8: Responsibility

The energetic support in the course of a remote session serves to activate and harmonize the body’s own life energy. This energy session does not constitute medical treatment and does not replace, a medical diagnosis or treatment, psychological or psychotherapeutic measures.

The declarations and advice given during the session are thus descriptions of the energetic state and are not diagnoses.

Article 9: Payment

Payment is due immediately upon ordering, including for pre-ordered products. The Customer can effect payment by card.

Any cards issued by banks situated outside of France must be international cards (Mastercard or Visa). Secure online payment by credit card is made via our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport via the Stripe network. To ensure the security of the transaction the Seller never has access to the Customer’s bank information.

Once payment has been effected by the client, once information has been verified, the transaction is immediately debited. In accordance with the provisions of the French Monetary and Financial Code, the commitment to payment made by card is irrevocable. By communicating their bank details at the sale, the Customer authorises the seller to debit their card for the amount relative to the indicated price. The Customer confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In the event of an error, or the inability to debit the card, the Sale is automatically terminated and the order cancelled.

Article 10: Cancellation policy

You can cancel your reservation online up to 24 hours before the date and time of the session or event. This cancellation can be made by clicking on the cancellation link in your reservation confirmation email or by sending an email to maria@heart-transformation.com.

Following your cancellation you will have the possibility to reschedule your session or to choose to participate in another workshop or you can ask for the reimbursement of your session.

For all cancellations that occur less than 24 hours before the session or event, the fee for the session or event must be paid in full and will thus not be reimbursed. This is also the case should the client fail to attend their reserved appointment.

Article 11: Validity of the products

You have the possibility of buying cards corresponding to multiple sessions for events or energy sessions.

Once your purchase has been completed online, you will receive an email containing a voucher applicable for the number of sessions you have purchased.

These vouchers are valid for two years from the date of purchase.

Article 12: Withdrawal period

In accordance with the dispositions in article L 221-5 of the French Consumer Code, the buyer retains the right to withdraw for a period of fourteen days (14) from the date of the reception of their order.

The right to retract can be exercised by contacting the Company as follows: by email at the address: maria@heart-transformation.com

We inform Customers that in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised if the service, the subject of the request for withdrawal, is fully executed before the expiration of the statutory withdrawal period of 14 days.

In accordance with legal provisions, you will find below the standard withdrawal form to send to us at
the following address: Maria Friese, Chemin de la Fontaine d’Encor, 32420 Simorre.

Reimbursement procedure: Following the reception of your retraction form your request will be considered. If it falls within the terms of the retraction period a reimbursement will be confirmed by email and credited to the card that was used for payment.

If one or more services have been provided by the Seller during the 14 days of the withdrawal period, the Customer undertakes to pay the Seller the amount corresponding to the service provided until the communication of his decision to withdraw.

Withdrawal form:

For the attention of Maria Friese – HeART tranformation – Rue de la Fontaine d’Encor – 32420 Simorre – France – maria@heart-transformation.com :

I / we (*) hereby notify / notify you of my / our (*) withdrawal from the contract for the sale of the property (*) / for the provision of services (*) below:

Ordered the (*)/ received the (*):

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only in the case where the form is on paper):

Date :

(*) Delete as required

Article 13: Reclamations and mediation

If necessary, the Buyer may submit any complaint by contacting the company using the following contact details: by email maria@heart-transformation.com or by post at Maria Friese – Chemin de la Fontaine d’Encor – 32420 Simorre – France

In accordance with the provisions of art L. 611-1 à L. 616-3 in the French Consumer Code the consumer is informed that they may have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code.

In the event of failure of the complaint request to the Seller’s customer service, or in the absence of a response within two months, the consumer can submit the dispute to a mediator who will independently attempt to bring the parties together with a view to obtaining an amicable solution.

Article 14: Intellectual property rights

Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Seller.

No assignment of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

Article 15: Force majeure

The performance of the Seller’s obligations under these terms is suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent performance. The seller will notify the customer of the occurrence of such an event as soon as possible.

Article 16 : Nullification and modification of the contract

If one of the stipulations of the present contract was cancelled, this nullification does not result in the nullification of other stipulations, which remain in force between the parties. All contractual modification is only valid once a written agreement has been signed by all parties.

Article 17 : Protection of personal data

In accordance with Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller sets up a processing of personal data for the purpose of the sale and delivery of products and services defined in this contract.

The Buyer is informed of the following:
– the identity and contact details of the staff member responsible for the management of personal data and, where applicable, of the representative of the aforementioned staff member: the Seller, as indicated at the top of these T & Cs;
– the legal basis for the processing: contractual execution
– the recipients or the categories of recipients of personal data, if they exist: the staff member responsible for the management of personal data, their departments in charge of marketing, the departments in charge of IT security, the department in charge of sales, delivery and ordering, subcontractors involved in delivery and sales operations as well as any authority legally authorised to access the personal data in question
– no transfer outside the EU is foreseen
– the data retention period: the time of the commercial prescription
– the data subject has the right to request access to their personal data, the rectification or erasure thereof, or a limitation of the processing relating to the data subject, or the right to oppose the processing and the right to data portability, from the staff member responsible for the management of personal data
– The data subject has the right to lodge a complaint with a supervisory authority
– the information requested when ordering is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, otherwise the order cannot be placed. No automated decisions or profiling are implemented through the ordering process.

Article 18: Applicable rights and clauses

All the clauses appearing in these general conditions of sale, as well as all the purchase and sale transactions referred to therein, will be subject to French law.

The invalidity of a contractual clause does not entail the invalidity of these general conditions of sale.

Article 19: Consumer information

For the purposes of informing consumers, the provisions of the Civil Code and the Consumer Code are reproduced below:

Article 1641 of the French Civil Code: The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would have given a lower price, if they had known them.

Article 1648 of the French Civil Code: The action resulting from prohibitive defects must be brought by the purchaser within two years of the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the Seller can be released from apparent defects or lack of conformity.

Article L. 217-4 of The French Consumer Code: The Seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
They also respond to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under their responsibility.

Article L. 217-5 of the French Consumer Code: The seller delivers goods that comply with the contract:
1 If it is suitable for the use usually expected of a similar good and, if applicable:
– if it corresponds to the description given by the Seller and has the qualities that the latter presented to the Buyer in the form of a sample or model;
– if it has the qualities that a Buyer can legitimately expect given the public statements made by the Seller, the producer or their representative, in particular in advertising or labelling;
2 ° Or if it has the characteristics defined by mutual agreement by 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. 217-12 of the French Consumer Code: Action resulting from lack of conformity lapses two years after delivery of the goods.

Article L. 217-16 French Consumer Code: When the Buyer asks the Seller, during the course of the commercial guarantee granted to them during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained.
This period runs from the buyer’s request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

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