Last update: October 8th 2024
1. Definitions
These General Terms and Conditions of Sale (hereinafter referred to as “GTC”) are offered by the seller Morgane Lemattre – Morgane Rose Coaching & Consulting (hereinafter referred to as “the Seller”), a sole proprietorship registered with the Business Register of Nord-Pas-de-Calais under number 822 466 512 00024, with its head office located at 11bis rue des déportés in Dannes (62187), France.
The Seller’s non-premium rate phone number is 0649873172, and their email address is morganerosecoaching@gmail.com.
The Seller is the owner and publisher of the website morganeroseconsulting.com.
The website is hosted by HOSTINGER operations, UAB, Švitrigailos str. 34, Vilnius 03230 Lithuania. Phone: +37064503378. Email: domains@hostinger.com.
The site was created using WordPress.
The website offers the Client (hereinafter referred to as “the Client,” meaning any individual 18 years of age or older according to French law, with valid payment methods, regardless of their place of residence in the world) the opportunity to access coaching and consulting services in the areas of personal development, business coaching, copywriting, and website optimization (SEO, speed, etc.). It is specified that the website does not offer web development. The site also offers digital products in PDF and MP3 formats (hereinafter referred to as “Products/Services”).
Before using the website, the Client must ensure that they have the necessary technical and computer means to use the website and order Services and Products on the site, and that their browser allows secure access to the site. The Client must also ensure that their computer equipment is in good condition and free of viruses.
- Application and Enforceability of the GTC
These GTC define all the conditions under which the Seller sells the Products and/or Services as offered for sale on the website to Clients. They therefore apply to any order (hereinafter referred to as “Order”) of Products and/or Services placed on the website by the Client.
The Client declares that they have read and accepted these GTC before placing their order. Acceptance of the GTC is confirmed by checking a box in the order form on the website.
The GTC are regularly updated; the applicable GTC are those in effect on the website at the time the Order is placed.
Any contrary condition set by the Client, without the Seller’s express acceptance, shall be unenforceable against the Seller, regardless of when it may have been brought to their attention.
The fact that the Seller does not invoke any provision of these GTC at a given time cannot be interpreted as a waiver of the right to invoke any provision of the said GTC at a later date.
3. Order of Products/Services from the Website
The Seller reserves the right to modify the content of the Site at any time.
The Products and/or Services offered for sale are described and presented as accurately as possible. The Client is solely responsible for the choice and use of the Products and/or Services. It is the Client’s responsibility to verify the suitability of the Products and/or Services to their specific needs and constraints prior to purchasing said Products and/or Services.
Nevertheless, the result obtained by the Client is their responsibility, and this does not engage the Seller’s liability nor affect the validity of the sale.
The Client selects the Product(s) and/or Service(s) they wish to purchase, and can access a summary of their Order at any time.
The Order summary presents the list of Product(s) and/or Service(s) selected by the Client. The Client has the option to modify their Order and correct any potential errors before confirming the Order.
After accessing the Order summary, the Client confirms their acceptance of the Order by checking the box indicating acceptance of the GTC, then by clicking on the Order validation icon. The mention “Order with obligation to pay” or a similarly clear statement appears next to the Order validation icon to ensure that the Client explicitly acknowledges their obligation to pay for the Order.
After accepting the GTC and validating the Order with an obligation to pay, a contract is validly formed between the Seller and the Client, binding them irrevocably.
After validating their Order, and to proceed with payment, the Client enters the contact details for the delivery of the product(s) and receipt of the service(s), as well as billing information if different. The process for delivery of the product(s) and receipt of the Service(s) is described in Article 5 of these GTC.
The Seller will then send a confirmation of the Order by email, including the details of the Order summary and, if applicable, the billing information provided.
After validating their delivery details and, if applicable, billing information, the Client proceeds to pay for the Order according to the methods specified below.
- Price and Payment Conditions for the Order
The prices are mentioned on the Site in the descriptions of the Products and Services, in euros and excluding taxes, as the Seller is exempt from VAT according to Article 293B of the French General Tax Code, hence the mention “VAT not applicable, art. 293B of the CGI” appearing on the invoice.
The total amount is indicated in the Order summary, before the Client accepts these GTC, validates their Order, enters and confirms their delivery and, if applicable, billing details, and proceeds to payment. This total amount is shown excluding VAT.
The Order of Products and/or Services on the Site must be paid in euros. The full payment must be made on the day of the Order by the Client, via bank card, unless specific terms of sale are expressly accepted by both the Client and the company.
In case of payment by bank card, the Site uses the secure system provided by Stripe or Paypal, depending on the Client’s choice. These providers specialize in online payment security. This system guarantees the Client full confidentiality of their banking information. The bank transaction between the Client and the secure system is fully encrypted and protected. The Client’s bank details are not stored electronically by the Seller, and the Seller will not have access to them under any circumstances. The general terms of use for Stripe can be viewed at: stripe.com/fr/ssa, and for Paypal here: paypal.com/fr/webapps/mpp/ua/useragreement-full.
The Client guarantees the Seller that they have the necessary authorizations to use the chosen payment method when placing the Order.
If the Client resides outside the Eurozone, payment will be made in euros (€) and will therefore be subject to the exchange rate set by Stripe or Paypal, over which the Seller has no control and derives no benefit.
However, upon the Client’s request, payment can be made by bank transfer. In any case, the Seller will not bear the additional cost of the payment method chosen by the Client, if applicable.
Exceptionally, payment may be made by check if the Client resides in mainland France, with prior agreement from the Seller. In this case, the service will only be carried out after receipt, presentation, and clearance of the check by the bank.
Services must be paid for before they are provided. For multi-session packs or multi-week programs, payment can be made in installments, but the total amount must be paid no later than the last day of coaching as communicated to the Client.
4.1 Cancellation of the Order
The Seller reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and stage of execution, in the event of non-payment or partial payment of any sum owed by the Client to the Seller, in the event of a payment issue, or in the case of fraud or attempted fraud related to the use of the Site and payment of an Order.
The Order implies knowledge of these General Terms and Conditions of Sale, and the Order will be validated once payment is confirmed by Paypal, Stripe, or the banking institution. A proof of transfer may serve as validation of the Order as funds can take several days to be transferred.
4.2 Specifics of Packs
For multi-session packs, each session may be paid individually before the session is conducted, provided that the sessions take place within a two-month period. If, exceptionally and with the Seller’s agreement, the Client prefers to make a single payment by check for the total amount, this check must be given to the Seller before the first session and will be cashed no later than halfway through the program.
4.3 Refunds and Late Payments
In all cases, and for any of the Services purchased, whether payment is made by check, Paypal, Stripe, or bank transfer, the Client guarantees that they have the necessary authorizations and funds to honor the payment and use the payment method of their choice.
Sessions that have been completed are non-refundable. The Client validates their order and makes their payment willingly and freely, according to their own discretion.
4.4 Offer on Quotation
For any inquiry about prices, etc., and requests for a quotation, the offer is valid for 7 days. If the order has not been confirmed or if payment has not been made within 7 days, the offer will then expire. If the Seller raises prices during this period, once the initial offer expires, the new prices will apply in the event of a renewed order.
4.5 Order Cancellations
The Seller reserves the right to refuse or cancel any order for any Client with whom there has been a previous dispute. In the event that the order is refused after payment has been made, the Seller agrees to refund the full amount paid to the Client.
The Seller also reserves the right to refuse a Client without explanation if they deem that the service is not suitable for the Client, likewise in the case of suspicious behavior or if there are signs of dependency or overconsumption that would not be beneficial to the Client. In such a case, if payment has already been made, the Seller agrees to refund the amount paid to the Client.
- Use of Services/Delivery
Services are exclusively provided remotely, and the goods are solely digital, meaning all exchanges occur via email and/or encrypted instant messaging software, voice calls, or video conferences. The service(s) is/are automatically delivered to the Client upon validation of their Order.
The Seller commits to delivering the product(s) within a maximum of 48 hours from the date of the Order. The Client must ensure that the information provided when placing the Order is accurate.
The Client is notified by email. The digital product(s) ordered is/are sent to the email address provided by the Client during their Order, 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 delivered. The Client therefore agrees to inform the Seller of any changes to billing information that may occur between the Order and the delivery of the service, by sending an email to the customer service email address without delay.
For e-books and MP3 files sold, the Client agrees to inform the Seller of any changes in contact details (email) necessary for sending the documents.
Otherwise, in the event of delays and/or errors in the information provided, the Client cannot hold the Seller responsible for non-delivery, and the Seller’s customer service will contact the Client for a re-sending of the products.
The Seller will also not be responsible if the non-receipt of Products and/or Services is due to a technical issue but will make every effort to assist the Client and ensure that their order is fulfilled.
In case of any technical problems, the Client may contact the Seller at the email address listed in Article 6 of these GTC.
- Customer Service
For any information requests, clarifications, or complaints, the Client may contact the Seller as soon as possible to try to find a solution to the issue.
The Seller can be reached by email at any time from Monday to Saturday, 11 am to 6 pm, at the following contact details:
- Phone: 0649873172
- Email: morganerosecoaching@gmail.com
7. Legal and Commercial Guarantees
- Legal and Commercial Guarantees
Article L217-3
The seller delivers a good that conforms to the contract and to the criteria stated in article L. 217-5.
They are responsible for any conformity defects existing at the time of delivery of the good as defined in article L. 216-1, which appear within two years from that date.
In the case of a sales contract for a good containing digital elements:
1° When the contract provides for the continuous provision of digital content or a digital service for a duration of two years or less, or when the contract does not specify the duration of provision, the seller is responsible for conformity defects of this digital content or service that appear within two years from the delivery of the good;
2° When the contract provides for the continuous provision of digital content or a digital service for more than two years, the seller is responsible for conformity defects of this digital content or service that appear during the period in which it is provided under the contract.
For such goods, the applicable period does not deprive the consumer of their right to updates in accordance with the provisions of article L. 217-19.
The seller is also responsible, for the same time periods, for conformity defects resulting from packaging, assembly instructions, or installation when such installation has been made their responsibility under the contract, or when incorrect installation, performed by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions provided by the seller.
This warranty period applies without prejudice to articles 2224 and following of the civil code. The starting point for the consumer’s action prescription is the day they become aware of the conformity defect.
Article L217-4
A good is considered to conform to the contract if it meets the following criteria, where applicable:
1° It matches the description, type, quantity, and quality, particularly regarding functionality, compatibility, interoperability, or any other characteristics specified in the contract;
2° It is suitable for any special use sought by the consumer, which was communicated to the seller no later than at the time of contract conclusion and which the seller has accepted;
3° It is delivered with all accessories and installation instructions that must be provided in accordance with the contract;
4° It is updated according to the contract.
Article L217-5
I.- In addition to the criteria for conformity to the contract, the good is considered conforming if it meets the following criteria:
1° It is suitable for the usual expected use of a good of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as any technical standards or, in the absence of such standards, specific codes of conduct applicable to the relevant sector;
2° If applicable, it possesses the qualities that the seller presented to the consumer in the form of a sample or model before the conclusion of the contract;
3° If applicable, the digital elements it contains are provided according to the most recent version available at the time of contract conclusion, unless the parties agree otherwise;
4° If applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
5° If applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of article L. 217-19;
6° It corresponds to the quantity, quality, and other characteristics, including in terms of durability, functionality, compatibility, and safety, that the consumer can legitimately expect from goods of the same type, considering the nature of the good and any public statements made by the seller, by anyone upstream in the transaction chain, or by someone acting on their behalf, including in advertising or labeling.
II.- However, the seller is not bound by any public statements mentioned in the previous paragraph if they demonstrate:
1° That they did not know them and could not legitimately be expected to know them;
2° That at the time of the contract conclusion, the public statements were rectified under conditions comparable to those of the initial statements; or
3° That the public statements could not have influenced the purchasing decision.
III.- The consumer cannot contest conformity by invoking a defect concerning one or more specific characteristics of the good, of which they were specifically informed that they deviated from the conformity criteria stated in this article, to which they expressly and separately consented at the time of contract conclusion.
Article L217-6
When a personal data processing operation is conducted by the professional during the contract, any failure on their part to comply with the obligations imposed on them by Regulation (EU) 2016/679 of April 27, 2016, and Law No. 78-17 of January 6, 1978, relating to information technology, files, and freedoms, as long as this failure results in non-compliance with one or more conformity criteria stated in this section, is considered a conformity defect, without prejudice to other remedies provided for by these texts.
Article L217-7
Conformity defects that appear within twenty-four months from the delivery of the good, including goods containing digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the good or the defect invoked.
For second-hand goods, this period is set at twelve months.
When a sales contract for a good containing digital elements provides for the continuous provision of digital content or a digital service, the conformity defects that appear are presumed to exist at the time of delivery of the good:
1° During a period of two years from the delivery of the good, when the contract provides for this provision for a duration of two years or less, or when the contract does not determine the duration of provision;
2° During the period in which the digital content or service is provided under the contract, when the contract provides for this provision for a duration exceeding two years.
Article L217-8
In case of a conformity defect, the consumer is entitled to have the good brought into conformity by repair or replacement or, failing that, to a price reduction or contract termination, under the conditions set out in this subsection.
Additionally, the consumer has the right to suspend payment of all or part of the price or the granting of the benefit provided for in the contract until the seller has fulfilled the obligations incumbent upon them under this chapter, under the conditions of articles 1219 and 1220 of the civil code.
The provisions of this chapter are without prejudice to the award of damages.
Article L217-9
The consumer is entitled to request the seller to bring the good into conformity with the criteria outlined in subsection 1 of this section.
The consumer requests the seller to bring the good into conformity, choosing between repair and replacement. For this purpose, the consumer makes the good available to the seller.
Article L217-10
The conformity of the good takes place within a reasonable time that cannot exceed thirty days following the consumer’s request and without causing major inconvenience to them, considering the nature of the good and the use sought by the consumer.
The repair or replacement of the non-conforming good includes, if applicable, the removal and return of this good and the installation of the repaired good or the replacement good by the seller.
A decree specifies the modalities for bringing the good into conformity.
Article L217-11
The conformity of the good occurs without any cost to the consumer.
The consumer is not required to pay for normal use they made of the replaced good during the period prior to its replacement.
Article L217-12
The seller may not proceed according to the choice made by the consumer if the requested conformity is impossible or involves disproportionate costs, particularly considering:
1° The value that the good would have had in the absence of a conformity defect;
2° The importance of the conformity defect; and
3° The possibility of opting for the other choice without major inconvenience to the consumer.
The seller may refuse the conformity of the good if this is impossible or involves disproportionate costs, particularly regarding points 1° and 2°.
When these conditions are not met, the consumer may, after formal notice, pursue the forced performance of the originally requested solution, in accordance with articles 1221 and following of the civil code.
Any refusal by the seller to proceed according to the consumer’s choice or to bring the good into conformity must be justified in writing or on a durable medium.
Article L217-13
Any good repaired under the legal warranty of conformity benefits from an extension of this warranty of six months.
If the consumer chooses repair but it is not implemented by the seller, the conformity through the replacement of the good starts a new legal warranty period for the replaced good in favor of the consumer. This provision applies from the day the replacement good is delivered to the consumer.
Article L217-14
The consumer is entitled to a reduction of the price of the good or to contract termination in the following cases:
1° When the professional refuses any conformity;
2° When the conformity occurs beyond thirty days following the consumer’s request or if it causes them major inconvenience;
3° If the consumer ultimately bears the costs of returning or removing the non-conforming good, or if they bear the installation costs of the repaired or replacement good or related expenses;
4° When the non-conformity of the good persists despite the seller’s attempt to bring it into conformity remaining unsuccessful.
The consumer is also entitled to a reduction of the price of the good or to contract termination when the conformity defect is so severe that it justifies an immediate price reduction or contract termination. The consumer is then not required to request repair or replacement of the good beforehand.
The consumer is not entitled to contract termination if the conformity defect is minor, which the seller must demonstrate. This paragraph does not apply to contracts in which the consumer does not pay a price.
Article L217-15
When the consumer chooses to contract termination, the good must be returned to the seller.
They cannot claim any compensation for depreciation due to the normal use of the good until the time of its return.
The seller is entitled to ask for a minimum return amount from the consumer for such use, unless otherwise provided for by the parties.
Article L217-16
The provisions of articles L. 217-10 to L. 217-15 are applicable under the same conditions when the good is made available to the seller for a service provision.
Article L217-17
For the purposes of this chapter, the term “consumer” refers to any natural person who acts for purposes that are not related to their commercial, industrial, artisanal, or liberal activity.
The term “seller” refers to any professional who acts for purposes related to their commercial activity.
Article L217-18
The provisions of this chapter do not preclude the consumer from exercising any other rights provided for by law.
Article L217-19
Any contractual clause contrary to the provisions of articles L. 217-3 to L. 217-18 is deemed null and void, unless it constitutes a better guarantee for the consumer.
7.1: Obligation of Means
The seller agrees to carry out the service corresponding to the service purchased by the client and to implement all necessary actions to fulfill this service.
The seller acknowledges being subject to a general obligation of means and advice in the areas covered by the order, particularly regarding information, recommendations, and warnings. The seller shares all their expertise and methods related to the subjects covered by the order. They commit to executing the services in accordance with the rules of the trade and in the best possible manner.
Any delivery timelines provided to the client are indicative and depend on the project for which the services are being performed. The client acknowledges that certain steps necessary for the execution of the services depend on the client’s availability and cooperation. The seller’s liability cannot be held if there is a legitimate delay in fulfilling the order, particularly if the delay is due to the client or is outside the control of the parties.
Any individual can contract unless otherwise stated by law. The capacity of legal entities is limited to acts useful for achieving their objectives as defined by their statutes and to ancillary acts, in compliance with applicable rules. Each client is unique and reacts differently to the various services offered. Advice and an approach will be provided, but the client is free to follow them or not. The seller is not responsible if the client chooses not to follow said advice. The client understands they are 100% responsible for their results, their investment of time and energy (a genuine willingness to change the situation in question, making efforts, and applying the advice).
7.2 Specifications
The stipulations of this article only apply to services framed by a specifications document defined between the seller and the client (hereinafter, the “Specifications Document”).
The seller commits to implementing all necessary means to ensure compliance with the Specifications Document. The parties agree to meet regularly by any useful means to ensure the monitoring of the performance of the services.
As different versions of the services are delivered, the parties will ensure that they comply with the Specifications Document. A contradictory report will be created, signed by the parties, in which the client must state any reservations regarding the compliance of the deliverables with the Specifications Document, if applicable, justifying these reservations. Failing this, it will be deemed that the client has received the deliverable without reservation, and the seller’s mission will end.
If the client does not make themselves available to prepare and/or sign the report within a maximum of five (5) days from the delivery of the deliverable, it will be deemed that the client has received the deliverable without reservation, and the seller’s mission will end.
In the event that the client raises justified reservations, the seller agrees to make their best efforts to remedy the situation in order to render the deliverable compliant with the Specifications Document. The same procedure as previously described must be followed until a report confirming the lifting of the reservations is signed by the client.
Upon delivery of the deliverable and payment of the corresponding invoice, the seller grants the client, who accepts, a personal, non-exclusive, non-transferable, and personal-use right to the deliverable. The client is prohibited from marketing the deliverable.
8. Client’s Obligations
The client acknowledges that, for the successful execution of the services and the achievement of their objectives, they are obliged to cooperate with the seller, who is thereby subject to an obligation of means.
The client commits to respecting the terms of these general terms and conditions (GTC).
The client agrees to use the site and services in accordance with the seller’s instructions.
The client agrees to use the site solely for personal use, in compliance with these GTC. In this regard, the client agrees to refrain from:
- Using the site in any illegal manner, for any illegal purpose, or in any way incompatible with these GTC;
- Selling, copying, reproducing, renting, lending, distributing, transferring, or sublicensing any part of the content on the site, or decompiling, disassembling, modifying, displaying in a readable format, attempting to discover any source code, or using any software that activates or includes any part of the site;
- Attempting to gain unauthorized access to the site’s computer system or engaging in any activity that disrupts, diminishes the quality of, interferes with the performance of, or deteriorates the functionalities of the site;
- Using the site for abusive purposes by deliberately introducing viruses or any other malicious programs and attempting to gain unauthorized access to the site;
- Violating the intellectual property rights of the seller and/or reselling or attempting to resell the products to third parties;
- Disparaging the site and/or the products as well as the seller on social media and any other means of communication.
If, for any reason, the seller believes that the client is not complying with these GTC, the seller may, at any time and at their sole discretion, revoke the client’s access to the site and take any measures, including any civil or criminal legal action against them.
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 contactmorgane@zohomail.eu.
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.
10. Responsibility
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.
11. Security
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: morganerosecoaching@gmail.com.
In any case, any Client has the right to make any claim to the CNIL. (https://www.cnil.fr/en)
13. Newsletter
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 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 (please copy / paste) https://www.bloctel.gouv.fr/
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: https://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 here.
Morgane Lemattre
11 bis rue des déportés
62187 Dannes
morganerosecoaching@gmail.com
0649873172
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:
Order number:
Client’s name:
Client’s address:
Date :
Client’s Signature: