GTCS
These General Terms and Conditions of Sale (GTCS) apply to all sales concluded by Benjamin Scheider.
Benjamin Scheider offers, through its website https://www.n.m.r.prog.fr (hereinafter the “site”), Nutrition Coaching, Sports Programs and Ebooks (hereinafter “Ebook” and “Formulas and Prices”).
Each customer acknowledges that he/she has read and understood the present CGUV and all the information necessary for the execution of the present, prior to placing an order and before entering into a contract with Benjamin Scheider. Both parties accept them without reservation. Each service sold may give rise to a quotation binding on both parties. The present conditions prevail over any other conditions.
These terms and conditions can also be sent on request by e-mail to n.m.r.prog@gmail.com. It is agreed that all quotations and these terms and conditions between the customer and Benjamin Scheider are governed by French law.
ARTICLE 1 - MANDATORY INFORMATION
Between the undersigned :
Benjamin Scheider, residing at 2 rue Madiot, FOUGERES (35 300), France
Contact: n.m.r.prog@gmail.com / +1 (647) 988-2551
Sole proprietorship registered in France under SIRET number 923 426 670 000 17
Representative: Benjamin Scheider in his capacity as micro-entrepreneur;
Exempt from VAT, article 259 B of the French General Tax Code.
Hereinafter referred to as: “the provider”,
And
Any individual or legal entity acting within the framework of their professional or non-professional activity, hereinafter referred to as: “the customer”.
ARTICLE 2 - START OF SERVICE
Benjamin Scheider is only bound by an order from its customers subject to the prior payment of a non-refundable deposit equal to 50% of the total amount of the estimate drawn up (for any estimate in excess of €200). In addition, services will not be launched until the quotation has been returned to us, dated, signed and preceded by the words “Bon pour accord” (“Good for agreement”) by the customer, and these signatures imply acceptance of these GCS.
ARTICLE 3 - CONCLUSION OF CONTRACT
Orders for product(s) or service(s) are placed via the site. It is possible to have a personal user account, but this is not a necessary and compulsory prerequisite for ordering products and services on the site. A user account is created by filling in the following mandatory fields: surname, first name, address, e-mail address and telephone number. The user account gives access to a personalized interface, and enables you to manage your profile and orders. However, in the event of incorrect information, the customer may not receive an e-mail or may encounter other difficulties in placing, tracking or receiving his order.
The customer chooses directly on the site the product(s) or service(s) he wishes to order. Benjamin Scheider endeavors to provide visuals and descriptions that are as faithful as possible to the products and services. However, as these visuals and illustrative texts are not contractual, the customer may not hold Benjamin Scheider liable in this respect.
The customer is required to provide a certain amount of personal information in order to validate the order. All orders must be duly completed and must contain the information strictly necessary for the order. The customer is responsible for the truthfulness, accuracy and relevance of the data provided.
The customer may make changes, corrections, additions or deletions to this information at any time.
ARTICLE 4 - DEADLINES
Benjamin Scheider undertakes to deliver the services on the dates agreed with the customer, except in the event of circumstances beyond his control. In such a case, he will immediately inform the customer (by e-mail or telephone) of the time required to complete the services.
ARTICLE 5 - TERMS OF PAYMENT
Access to the site and to the presentation of products and services is free of charge for the customer. Only the order of one or more products and services will be subject to payment by the customer.
The prices of products and services are quoted on the site in euros and include taxes. The applicable prices are those valid on the day the customer places the order on the site.
The prices of products and services and any additional costs associated with the order are indicated, in a clear and comprehensible manner, on the order summary. Before placing the order, the customer must confirm this summary.
Prices will be invoiced on the basis of the rates in force at the time the order is placed. An invoice summarizing all the products and services ordered by the customer as well as their respective costs will be systematically sent to the customer. The customer will pay the price directly on the site, imperatively before any work is carried out by Benjamin Scheider, in accordance with the process provided for this purpose.
Benjamin Scheider uses a secure third-party payment system. Payment by the customer is a prerequisite for validation of the order. Failure to pay by the due date will automatically, without prior notice and by operation of law, lead to the suspension or invalidation of the customer's order, without prejudice to any other course of action. The customer is obliged to pay all monthly instalments according to the commitment formula chosen in advance. In the event of non-payment, a formal notice will be sent.
The customer acknowledges that he/she is aware of these terms and conditions prior to the sale. In particular, services commencing immediately after purchase and fully executed before the end of the withdrawal period do not entitle the customer to exercise his right of withdrawal if he has expressly waived his right of withdrawal. The right of withdrawal may not be exercised in the case of the supply of digital content not provided on a physical medium, the performance of which has begun before the end of the withdrawal period with the customer's express waiver of his right of withdrawal.
ARTICLE 6 - LATE PAYMENT PENALTY
In the event of non-payment after the due date shown on the invoice, late payment penalties will be equal to 10% of the total amount of the invoice due. The parties agree that this clause applies ipso jure, without the need for any special formalities or formal notice. In the event of non-payment after formal notice has been sent by e-mail, Benjamin Scheider reserves the right to terminate the contract, on the understanding that the customer will bear all costs incurred in recovering the sums due.
ARTICLE 7 - INTELLECTUAL PROPERTY
The writings delivered by Benjamin Scheider, as well as the site, databases, texts, documents, information, images, photographs, graphics, logos, or any other data remain the exclusive property of Benjamin Scheider, or, where applicable, of their respective holders from whom Benjamin Scheider has obtained authorisation to use them.
Benjamin Scheider retains all intellectual property rights relating to its registered trademark, as well as all intellectual property rights and copyrights relating to any other distinctive sign belonging to it.
Any reproduction and/or representation, downloading, translation, adaptation, exploitation, distribution, dissemination and/or communication, in any form whatsoever, for commercial or non-commercial purposes, of all or part of the trademark and/or any original intellectual work or data contained on the site is formally prohibited. The Customer is also forbidden to take any action likely to directly or indirectly infringe Benjamin Scheider's intellectual property rights. Benjamin Scheider reserves the right to mention on its portfolio and its networks the name and URL address of the customer's site as a reference, except in the event of written refusal by the customer. In the event of integration of content with an image supplied by the customer, the latter declares himself to be the owner of all intellectual property rights and image rights on the elements he communicates to Benjamin Scheider and guarantees them against any recourse by third parties.
Article 8 - CONFIDENTIALITY
Benjamin Scheider and the client mutually undertake to preserve the confidential nature of the information obtained and the documents relating to this contract throughout the performance of the services as well as under the terms of thethen for a period of 3 years from the end of the mission.
ARTICLE 9 – FORCE MAJEURE
Benjamin Scheider is not liable in particular in the event of fire, flooding, interruption of the supply of energy or internet, as well as full or partial strikes of any kind hindering the smooth running of the company, such as transport strikes, postal services.
The occurrence of a case of force majeure has the effect of suspending the performance of the contractual obligations of Benjamin Scheider. In this case, the obligations of this contract shall be suspended on both sides for thirty days.
After a suspension period of thirty days, the contract may be terminated by either party by e-mail, effective 8 days from receipt of such notification.
ARTICLE 10 – LIABILITY
Benjamin Scheider implements all measures necessary to ensure that the customer is provided with high-quality products and services under optimum conditions. It assumes full responsibility for the products and services it offers and sells to customers through the site and will only deal with potential complaints related to audit products and services.
Benjamin Scheider ensures the proper functioning of the site, but can in no way guarantee that it is free of anomalies or errors and that it operates without interruption. Benjamin Scheider cannot be held responsible for the non-functioning, inability to access or malfunctions of the services of the customer’s access provider, those of the Internet network.
ARTICLE 11 – CLAIMS & DISPUTES
In the event of a complaint, this must be communicated to Benjamin Scheider, together with the following information:
the object of the claim,
full customer contact information: name – first or last name, address, telephone number, e-mail,
date and reference of the quotation,
any other supporting documents required in accordance with the subject of the claim.
The customer may, if appropriate, express reservations upon receipt of documents from Benjamin Scheider in case of non-compliance with the quote or corruption of data. If the customer is dissatisfied, he will contact Benjamin Scheider so that an amicable solution can be sought.
In the absence of agreement between the parties, any dispute that may arise between the parties shall be the responsibility of the courts of the jurisdiction of the registered office of Benjamin Scheider, regardless of the place where the services are performed.
For more information, please refer to the legal notices of the website https://www.n.m.r.prog.fr/ accessible at https://www.n.m.r.prog.fr/conditions-générales-dutilisation/.
For more information, please refer to the privacy policy of the website https://www.n.m.r.prog.fr/ accessible at https://www.n.m.r.prog.fr/conditions-générales-vente/.