GENERAL TERMS AND CONDITIONS OF SALE
MAURICE DAUBARD INSTITUTE

Professional training courses

 

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 “GTCS”) is to define the rights and obligations of the parties in the context of the sale of services by the Institute, in particular from its website: www.institutmauricedaubard.com (hereinafter the “Site”) to any adult with the legal capacity to contract and having the status of consumer, within the meaning of French law and jurisprudence (hereinafter referred to as the “Customer” or referred to 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 Customer who declares having understood them. Any contrary or special conditions laid down by the Client, regardless of the time or medium, shall be unenforceable against the Institute, except with the latter’s express written agreement.
The Institute may be required to modify certain provisions of these General Terms and Conditions of Sale, the new version of which it will, where applicable, communicate 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 (according to 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 constitutes 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 ‘EVCF Instructor in Toumo’ or ‘Toumo Yoga Teacher’ training courses, which are reserved for people who meet the conditions set out on the Institute’s website. These courses do not lead to any recognised professional qualification or diploma. It is specified that these training courses are therefore not eligible for the French CPF aid schemes or ‘professionalising training courses’.
It is specified that, in order to validate the training courses, the Customer must complete a minimum of six (6) courses (the number of courses varies according to the level of skills acquired by the Customer and remains at the discretion of the Institute), the participation and price of which are not included in the Offers, the subject of these GTC. The courses are therefore the subject of a separate and independent order which must be placed using the relevant form available on the Institute’s website, and governed by the relevant GTC available on the same website.

 

5. ORDER

 

The Customer places his Order from the Site, using the registration form corresponding to the Offer – selecting, where applicable, one of the proposed dates. By validating his/her Order, the Customer expressly declares that he/she accepts the GTC without restriction or reservation.
Registration is subject to the provision of additional elements, namely: copy of national identity document, CV, covering letter, any documents illustrating the Customer’s experience.

 

5.1. To do this, the Customer sends a registration form duly completed with the compulsory information and specifying, depending on the type of Offer, the date on which the training course chosen by the Customer will take place. 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 Customer an instruction e-mail inviting the Customer to proceed with payment of the price in accordance with the terms and conditions set out in article 7 of these GTCS.

5.2. Only once payment has been received will the Institute confirm the Order by e-mail (based on 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 GTC.

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

5.4. Any breach by the Customer of 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. RATES AND PAYMENT TERMS

 

• The unit price for each Offering is indicated in euros and includes all applicable taxes (VAT at the current rate) and may vary according to the payment method chosen by the Client, as indicated on the Institute’s website.

Please note that the price of each Offer does not include the price of the compulsory courses that the Client must complete in order to validate his/her training.

 

• • Terms and conditions of payment
  • The course fee is payable :
  • In a single instalment, at the start of the course: €1,800 inc;
  • In two instalments, at the beginning of each of the first two semesters of the course (two semesters): €1,900 (€950 incl. VAT per instalment);
  • In two annual instalments, at the beginning of each year of training (two years): €2,000 (€1,000 incl. VAT per instalment);
  • In four half-yearly instalments, at the beginning of each semester (4 semesters): €2,200 (€550 per instalment).

The Institute reserves the right to request a deposit of 35% of the total price including VAT.

 

• 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 any deposit, may be paid by bank card or cash (up to the legally authorised limit) until the start of the course.
    • 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.
Regardless of 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 or cheque is irrevocable.

 

7. DELIVERY OF SERVICES

 

• The Customer will benefit from the Offer subscribed to on the dates and at the locations agreed at the time of Registration and subject to payment of the price, any deposit or agreed instalments, in accordance with article 6 of these GTC.
• In all cases, the training courses are provided by a professional and the Customer therefore undertakes to comply with the safety protocols, technical guidelines and instructions issued by this professional.

In addition, the Customer declares that he/she has taken note of the recommendations and contraindications relating to the practice of toumo yoga as set out below.

 

8. RESOLUTION, CANCELLATION AND REFUND/strong>

 

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 Client’s Registration due to causes beyond its control, the Client 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 (subject to full payment of the price), meaning that the Enrolment can no longer be modified.
    • However, if the Customer is unable to attend a course, and provided that he/she informs the Institute before the first day of the course initially ordered, the Customer may request registration for another course. In this case, any deposit paid 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. Notwithstanding the previous paragraph, the Customer may cancel his Order in the event of the death of an ascendant or descendant direct (upon presentation of a death certificate).
The Customer will then be refunded the full price.

 

• Resolution

The Contract arising hereunder may be cancelled or terminated by operation of law and without any special formalities, after formal notice has been served without result 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 for more than one month.

 

9. RIGHT OF WITHDRAWAL

 

• The Customer is hereby informed that, in accordance with Article L. 121-16 of the French Consumer Code and its provisions relating to leisure activities, they have a right of withdrawal of 10 days from the date of their Order, enabling them to cancel their Registration.
• To exercise his/her right of withdrawal, the Customer must inform the Institute using the form provided at the end of this document or on plain paper, sent by registered post with acknowledgement of receipt.

 

10. CONTRAINDICATIONS

 

• The Customer remains the sole judge of the appropriateness and suitability to his/her needs and abilities of the Offers that 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(not that this list is exhaustive) :

• Cardiovascular diseases ;
• 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.

 

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, TRAINING HISTORY AND TRANSACTION REFERENCE.
Failing this, the Customer’s Order may not be completed.

The data collected is kept for a period of 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 responsible for processing personal data and its service providers/partners responsible for providing the services required during the course.

Individuals have the right to access their personal data; to rectify inaccurate personal data; to limit processing; to erasure; to portability; to object to processing; not to be processed; and to lodge a complaint with the national supervisory authority, the CNIL.

Any person may exercise their rights by contacting the Institute at the following e-mail 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 training courses, the content of the videos, 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 of copyright, for which the infringer may be held civilly and criminally liable.

 

15. IMAGE RIGHTS

 

The Client authorises the Institute to use his/her image on any medium known or to be known, in particular photographs and videos, for the purpose of promoting its activity. These images may be published on its website and social networks and on any other communication medium known or to be known (such as brochures, catalogues, etc.), without limitation as to the number of prints or copies, throughout the world and for a period of 10 years.

Use of the customer’s image will be limited solely to the purposes set out above.

 

16. APPLICABLE LAW – DISPUTES

 

These General Terms and Conditions of Sale are governed by French law.

In accordance with article L.211-3 of the French Consumer Code, the Customer is hereby informed of the possibility of having recourse, in the event of a dispute, to a conventional mediation procedure or any other alternative dispute resolution method.

If mediation fails or is refused, the Customer is free to bring the matter before the competent court.

In the case of professional customers, it is expressly stipulated that the courts of Lyon shall have sole jurisdiction to hear any disputes arising from the present contract.

 

APPENDIX: STANDARD RETURN FORM

 

(Please complete and return the form only if you wish to withdraw from the contract)

For the attention of Institut Maurice Daubard, a company incorporated under Brazilian law, whose registered office is at 233 R Engenheiro Alfredo Modrach (lote 42 Pal 12191), Rio De Janeiro (22.221-130 LARANJEIRAS), registered under number 13.064.260/0001-72.

 

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the following course (*) :

 

Ordered on (*) / Received on (*):
Name of Customer(s):
Address of Customer(s):
Signature of Customer(s) (only in the case of notification of this form on paper):

Date :

(*) Delete as appropriate.