General Terms and Conditions of Sale (T&Cs)

MAURICE DAUBARD INSTITUTE

 

1. IDENTITY OF THE COMPANY

 

SEL PATRICK NOEL DAUBARD INSTITUTO DE ENSINO LTDA, whose trade name is ‘INSTITUT MAURICE DAUBARD’ (hereinafter “Institute”), a company incorporated under Brazilian law, registered in the Companies Registry of the Federal Republic of Brazil under number 13.064.260/0001-72, having its registered office at 233 R Engenheiro Alfredo Modrach (lote 42 Pal 12191), Rio De Janeiro (22.221-130 LARANJEIRAS), specialises in the teaching of sports and leisure activities and more specifically in the teaching of Toumo Yoga.

 

2. PURPOSE

 

The purpose of these General Terms and Conditions of Sale (hereinafter referred to as the “T&Cs”) is to define the rights and obligations of the parties in the context of the sale of services by the Institute, in particular via its website: www.institutmauricedaubard.com (hereinafter referred to as the “Site”), to any person over the age of majority who has the legal capacity to enter into a contract and who is a consumer within the meaning of French law and case law (hereinafter referred to as the “Client” or, together with the company the Institute, the “Parties”), except in the cases provided for in article 12.3. hereof.

The fact of contracting with the Institute implies express acceptance in their entirety and without reservation of these General Terms and Conditions of Sale by the Client, who declares that he/she has understood them. Any contrary or special conditions imposed by the Client, at any time and on any medium whatsoever, shall not be binding on the Institute, except with the express written agreement of the latter.

The Institute may be required to modify certain provisions of these General Terms and Conditions of Sale and, where applicable, will communicate the new version prior to any new Order, which will only be applicable to subsequent transactions.

 

3. DEFINITIONS

 

Order : purchase of Offer(s), from the Institute, by the Customer from its website.

Registration : reservation of an Offer (in accordance with the conditions in particular of article 5 of these GTC) by selecting, where applicable, for some of them, a date for its completion, the Registration is equivalent to a definitive Order.

Offer(s) : set of services offered for sale by the Institute such as Toumo Yoga workshops and courses..

 

4. SERVICES

 

The Institute offers courses (in groups, on site or online), the essential characteristics of which (locations; duration; access arrangements; activities; accommodation; etc.) are presented on its Site.

The various Offers are proposed in particular with regard to the Client’s level (beginner, intermediate or advanced), which the Client assesses him/herself or on the Institute’s advice.

It is specified that the Offers proposed by the Institute are delivered to private individuals for leisure purposes.

In the event that a legal entity wishes to enter into a contract with the Institute for the purpose of offering the Institute’s Offers to its members, the resulting contractual relationship shall not have the effect of changing the nature of the services offered by the Institute, i.e. leisure activities.

 

5. ORDER

 

The Customer places their Order on the Site, using the registration form corresponding to the Offer – selecting, where applicable, one of the proposed dates. By validating their Order, Customers expressly declare that they accept the GTS without restriction or reservation.

 

5.1. To do this, the Customer sends a registration form duly completed with the mandatory information and specifying, depending on the type of Offer, the date chosen by the Customer for the course. This registration form is sent to the Institute using the contact details provided on the form. An acknowledgement of receipt will then be sent, but this is simply information on the correct receipt of the Client’s request and does not constitute validation of the Order. After examining the request, the Institute will send the Client an instruction e-mail inviting the Client to proceed with payment of the price in accordance with the terms and conditions set out in article 7 of these General Terms and Conditions of Sale.

5.2. Only once payment has been received will the Institute confirm the Order by e-mail (using the address provided by the Client). This confirmation of the Order is deemed to be the Registration, so that the dates selected under the Registration can no longer be changed, except in the cases provided for in article 8.2. of these GCS.

5.3. All Orders are concluded intuitu personae so that only the Customer may benefit from the Offer.

5.4. Any failure by the Customer to comply with this provision may result in the contract being terminated by the Institute, to the exclusive detriment of the Customer, under the conditions set out in article 9.3. of these GCS.

 

6. PRICE AND PAYMENT TERMS

 

• • The unit price for each Offer is indicated in euros and includes all applicable taxes (VAT at the current rate).

• Terms of payment
  • • he price must be paid in full when the Order is confirmed.
    • As an exception to the previous paragraph, for face-to-face course Offers, the Institute offers its Individual Customers the option of deferring full payment of the price until the day on which the service is provided and, when placing the Order, of only paying a deposit of 35% of the total price of the Offer including VAT, the balance of the price then having to be paid at the very start of the face-to-face course or before the online courses are made available for online courses.

• Payment methods
  • Payment is made by bank card or bank transfer. In the cases referred to in article 6.2.2, the amount remaining due by the Customer after payment of the deposit may be paid by bank card or cash (up to the legally authorised limit) up to the start of the course.
  • In the event of payment at the beginning of the face-to-face course, and as an exception to the above provision, the teaching part (as opposed to the accommodation part) may only be paid in cash. The accommodation part will be paid by any means of payment accepted by the hotel directly to the hotel.
  • In the case of payment by bank card: only Carte Bleue, Visa and Eurocard/Mastercard bank cards are accepted.

The Customer must indicate the number of their card as well as its date of validity, directly in the area provided for this purpose.
To ensure the security of payments by bank card, the Institute uses a secure payment system (Stripe) which makes it possible to preserve the integrity and confidentiality of exchanges so that the information transmitted is encrypted and is not communicated to the Institute.
In the event of fraudulent use of their bank card, it is the Client’s responsibility to inform the Institute as soon as they become aware of such use.
Whatever the method of payment, the amount of the Order is debited at the time the Order is confirmed by the Institute, except in the case provided for in article 6.2.2.

• In any event, payment will not be considered final until the full amount has been received.

In accordance with the provisions of the French Monetary and Financial Code, an order to pay given by means of a payment card is irrevocable.

 

7. DELIVERY OF SERVICES

 

• The Customer will benefit from the Offer taken out on the dates and in the places agreed at the time of Registration, subject to payment of the price, the deposit or the agreed instalments, in accordance with article 6 of these GCS.

In the case of online Course Orders, the content will be sent to the Customer by e-mail once the Order has been validated and the price has been paid in full.

• In all cases, the courses are provided by a professional and the Customer undertakes to comply with the safety protocols, technical guidelines and instructions issued by this professional.

In addition, the Customer declares that he/she is aware of the recommendations and contraindications relating to the practice of toumo yoga set out below.

 

8. RESOLUTION, CANCELLATION AND REFUND

 

• Cancellation by L’INSTITUT

 

8.1.1. In any event, the Institute reserves the right to require the Customer to provide a medical certificate and reserves the right to refuse or cancel an Order (even after validation and payment) should the Customer fail to provide such a medical certificate.
The Institute also reserves the right to refuse or cancel an Order in the event of unpaid Order(s) or previous dispute(s), in the event of refusal to authorise payment by bank card by banking organisations or, more generally, any total or partial non-payment.
The Institute reserves the right to limit access to a specific number of participants in order to enable them to benefit as much as possible from the service offered and reserves the right to refuse or cancel any Order if there are too many participants in the Offer
If the Customer has already paid all or part of the price, the Customer will then be reimbursed for the amount of the price paid, at the latest within thirty days from the date of cancellation of the Order.

8.1.2. In the event that the Institute is forced to cancel the Customer’s Registration due to causes beyond its control, the Customer will be reimbursed in full and within this limit for the price already paid.

 

• Cancellation by the Client
  All Orders are firm and definitive from the moment they are validated, so that the Registration can no longer be modified.
  However, if the Client is unable to attend and provided that he/she informs the Institute before the first day of the course initially ordered, the Client may request registration for another course. In this case, the deposit payment will be deducted from the price of the new course selected, it being specified that no other postponement may be requested. If no Offer is suitable for the Customer, the deposit will be forfeited.

 

8.2.3. As an exception to the previous paragraph, the Customer may cancel the Order in the event of the death of a direct ascendant or descendant (upon presentation of a death certificate).
The Customer will then be refunded the full price.

 

• Rescission
  The Contract arising hereunder may be rescinded or terminated ipso jure and without any special formalities, after formal notice has remained unsuccessful for more than 15 days, in the event of non-payment of the Order or non-performance of any of the obligations provided for in these GCS, with the exception of any breach due to a case of force majeure as defined by French law, unless the cause of force majeure continues beyond one month.

 

9. NO RIGHT OF WITHDRAWAL

 

9.1. The Customer is hereby informed that, in accordance with article L. 221-28,12° of the French Consumer Code and its provisions relating to leisure activities, he/she has no right of withdrawal
Consequently, in accordance with the provisions of articles 5.2 and 8.2. of these GCS, it is recalled that once the Order has been validated by the Institute, it can no longer be modified (except in the cases provided for in article 8.2.2. of these GCS).

 

10. CONTRAINDICATIONS

 

• The Customer remains the sole judge of the appropriateness and suitability to his/her needs and abilities of the Offers he/she orders, particularly with regard to his/her state of health and the nature of the physical activity of yoga toumo and exposure to cold.

The Customer is informed that yoga toumo is an activity that must be practised in compliance with safety rules and which may be contraindicated for people with certain pathologies and/or symptoms, in particular) :

• Cardiovascular pathologies;
• Heart failure;
• Chest pain;
• Hypertension, arrhythmia, etc. ;
• Recent surgery (less than three months);
• Coagulation disorders (haemophilia, thrombosis, haematoma), venous problems, etc. ;
• Kidney disease;
• Pregnancy;
• ;

 

The Customer declares that he/she has read the non-exhaustive list of contraindications before validating the Order. In the event of any doubt about any of the contraindication factors or any other symptoms, the Customer is strongly recommended to consult a doctor.
The Customer releases the Institute and its substitutes and subordinates from any claim, including legal claims, relating to damage, particularly bodily damage, suffered as a result of practising yoga toumo and assumes all risks inherent in practising yoga toumo.
In any event, the Institute reserves the right to make the client’s access to the course conditional, even after the Order has been validated, on the provision of a medical certificate.

 

11. LIABILITY

 

The Institute may only be held liable in the event of a proven fault that is exclusively attributable to it and will be limited to direct damage only, to the exclusion of any indirect loss or any loss of opportunity.
The Institute may not be held liable under these General Terms and Conditions of Sale if the non-performance of its obligations is attributable to the act of a third party, to the fault of the Client, to an event of force majeure as defined by French law or to any other event for which the Institute is not responsible.
More specifically, the fact that the Institute does not request a medical certificate prior to the practice of a course does not incur its liability, as the Client is fully informed that there are contraindications to the practice of Toumo Yoga and that it is recommended that they seek medical advice.

 

12. MISCELLANEOUS

 

12.1. The Customer’s contracts, rights and obligations may not be assigned or transferred without the prior written consent of the Institute.
The contracts and pecuniary rights attached to the contract may be assigned or transferred at any time by the company the Institute without the prior consent of the Customer.

12.2. If any of the provisions of these General Terms and Conditions of Sale were to be nullified, this nullity would not affect the other provisions which would remain in force between the Parties.

12.3. In the event that a legal entity wishes to contract with the Institute for the purpose of offering the Institute’s Offers to its members, the resulting contractual relationship will be governed by the provisions of these General Terms and Conditions, excluding provisions exclusively applicable to consumers.

 

13. PERSONAL DATA

 

The Institute and its partners collect personal data to the extent strictly necessary for the performance of these General Terms and Conditions of Sale and the contract arising therefrom.
The Institute is, within the meaning of EU Regulation 2016/679, responsible for the processing it carries out of personal data under the conditions described below.
The sole purpose of this processing is the proper performance of these General Terms and Conditions of Sale and the contract arising therefrom and thus to ensure access to the Offers by Customers.
The data collected is as follows: NAME, FIRST NAME, AGE, PROFESSION, POSTAL ADDRESS, E-MAIL ADDRESS, TELEPHONE, ORDER HISTORY AND TRANSACTION REFERENCE.
Failing this, the Customer’s Order may not be completed.
The data collected is retained for 5 years from the last activity carried out by the Customer.
The only recipients of this data will be the Institute, its IT service provider in charge of personal data processing operations and its service providers/partners responsible for ensuring the performance of the services provided during the course.
With regard to their personal data, individuals have the right to access the data collected; to rectify inaccurate personal data; to limit processing; to erasure; to portability; to object to processing; to not be processed; to lodge a complaint with the national supervisory authority, namely the CNIL.
Any person may exercise their rights by contacting, where appropriate, the Institute at the following email address: yogatoumo@gmail.com.

 

14. INTELLECTUAL PROPERTY

 

All elements of the Site, whether visual or audio, as well as all the content of the Offers (in particular the courses, video content, etc.) are protected by intellectual property law and are the exclusive property of the Institute.
Any reproduction or representation, in whole or in part, is prohibited. Failure to comply with this prohibition constitutes an infringement that may give rise to civil and criminal liability on the part of the infringer.

 

15. IMAGE RIGHTS

 

The Client authorises the Institute to use its image on any medium known or to be known and in particular photographs, videos, for the purposes of promoting its activity, these fixations being able to be disseminated on its website and social networks and any other communication medium known or to be known (such as brochure, catalogue, etc.), without limitation of the number of prints or copies, worldwide and for a period of 10 years.
The use of the Client’s image will be limited solely to the purposes set out above.

 

16. APPLICABLE LAW – DISPUTE

 

These General Terms and Conditions of Sale are subject to French law.
In accordance with article L.211-3 of the Consumer Code, the Customer is informed of the possibility of having recourse, in the event of a dispute, to a conventional mediation procedure or to any other alternative dispute resolution method.
In the event that mediation fails or is refused, the Customer remains free to refer the matter to the competent Court.
For professional Customers, it is expressly provided that only the Courts of Lyon shall have jurisdiction to hear any disputes arising hereunder.