General Terms and Conditions of Sale (T&Cs)

Effective as of December 9, 2024.


Article 1 - Content and Scope of Application

The purpose of these General Terms and Conditions of Sale (T&Cs) is to define the rights and obligations of the parties within the framework of the online sales contract for the products and services offered by the Seller to the Client.

The contact details and identity of the Seller are as follows:

HCC SAS with a share capital of €10,000

RCS: Le Havre B 929 797 322

2, rue de la charreterie 76280 La Poterie Cap d’Antifer

Tél: 07.88.71.43.17

Email: contact@orizontes.fr

N° de TVA: FR32929797322


Professional Liability Insurance: AIG Europe SA - Tour CBX - 1 Passerelle des Reflets, 92400 Courbevoie - Téléphone : +33 1.49.02.42.22

The Seller markets the above-mentioned products and/or services through the site https://www.orizontes-coaching.com/

(the Site), the list of which can be consulted on https://www.orizontes-coaching.com/


The products and services offered for sale by the Seller are as follows:

Coaching services and off-site event

The present T&Cs are applicable to all sales of products and services by the Seller through the site https://www.orizontes-coaching.com/


Article 2 - Opposability

The Client declares that he/she has read and accepted the present T&Cs before his/her immediate purchase or the placing of his/her order.

The Client acknowledges being of age and having the capacity to contract.

In this respect, they are opposable to him/her according to the terms of the article 1119 of the French Civil code.

The present T&Cs can be modified at any time by the Seller by publishing a new version on the Site. The T&Cs enforceable against the Client are those in force at the time of the order validation date.

The Seller and the Client agree that the photos of the products and services for sale on the Site have no contractual value.


Article 3 - Pre-contractual Information

The Client acknowledges having been informed, prior to placing the order and concluding the contract, in a legible and comprehensible manner, of these general terms and conditions of sale and of all the information listed in Articles L. 111-1 and L. 111-2 of the French Consumer Code.

Thus, the essential characteristics and prices of the products and services sold electronically are available on the Site, as well as information relating to the identity of the Seller, its postal, telephone and electronic contact details and its activities, the functionalities of the digital content and, where applicable, its interoperability, information relating to the legal guarantees, to the possibility of having recourse to a consumer mediator and to the other contractual conditions, in accordance with articles R. 111-1, R. 111-2 and L. 221-11 of the French Consumer Code.


Article 4 - Duration

In the case of a subscription, the contract is concluded for a period of maximum 12 months. This period corresponds to the subscription period.

As the subscription is for your personal use only, any use of your subscription by a third party may result in immediate termination.


Article 5 - Order

To place an order, the Client must access the Site, follow the instructions, fill in the order form, check the elements of the order and, if necessary, correct any errors.

The products and services offered for sale on the Site are described with the greatest possible care and accuracy. The Seller shall not be held responsible for minor variations in their representation and description.

For the order to be validated, the Client must accept, by clicking where indicated, the present T&Cs. He/she must also choose the address and the delivery method, and finally confirm payment and method of payment.

The sale will be considered final:

- after the sending to the Client of the confirmation of the acceptance of the order by the Seller by e-mail;

- and after receipt by the Seller of the full price.

Any order implies acceptance of the prices and descriptions of the products and services available for sale. If the products and services are not available, the Vendor undertakes to inform the Client.

The Seller reserves the right to refuse or temporarily block the order, in particular in case of non-payment, wrong address, if there is a dispute with the Client related to the payment of a previous order, if the order is abnormal, placed in bad faith or for any other legitimate reason.

Orders over 120 euros will be archived for 10 years on a reliable and durable support.


Article 6 - Price and Payment

The payment methods accepted by the Seller are clearly indicated on the Site.

The price of the products and services sold on the Site is expressed in Euros, excluding taxes (HT) and including all taxes (TTC). The prices are firm and definitive, considering any discounts granted by the Seller.

At the time of the validation of the order, the price to be paid by the Client corresponds to the all-inclusive price, ie the total price of the whole of the ordered products and services, to which is added the price of the possible expenses of delivery all-inclusive of tax.

In case of payment by debit card, the Site uses the security system sécurisation

Stripe Payments Europe, Limited

The One Building

1 Grand Canal Street Lower

Dublin 2

Co. Dublin

Ireland

The Clients warrants to the Seller that he/she has the necessary authorizations to use the payment method when placing the Order.

The Seller shall take all necessary steps to ensure the confidentiality and security of the data transmitted on the Site.

An invoice shall be issued by the Seller and sent to the Client upon receipt of payment for the Order.


Article 7 - Right of Withdrawal

The Client acknowledges having been informed, prior to the placing of his/her order and the conclusion of the contract, in a legible and comprehensible manner, of the terms, conditions and deadlines of the right of withdrawal in accordance with Article L.221-5 of the French Consumer Code.

The Client has a right of withdrawal that he/she can exercise within fourteen (14) calendar days from the day following:

1. the conclusion of the contract in case of purchase of services or supply of digital content not provided on a material support.

2. the receipt or withdrawal of the order.

If this period expires on a Saturday, Sunday or public holiday, it is extended to the next working day.

The Client who wishes to exercise his/her right of withdrawal can use the withdrawal form located in the Annexes of these T&Cs.

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for the following contracts:

1. Supply of services fully executed before the end of the withdrawal period and which execution has begun after prior express agreement of the client and express renunciation of his/her right of withdrawal.

2. Supply of goods or services which price depends on fluctuations in the financial market beyond the control of the seller and which may occur during the withdrawal period.

3. Supply of goods made to the client's specifications or clearly personalized.

4. Supply of goods that are likely to deteriorate or expire rapidly.

5. Supply of goods which have been unsealed by the client after delivery and which cannot be returned for reasons of hygiene or health protection.

6. Supply of goods which, after delivery and by their nature, are inseparably mixed with other articles.

7. Supply of alcoholic beverages which delivery is deferred beyond thirty days and which value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the seller.

8. Maintenance or repair work to be carried out urgently at the client’s home and expressly requested by him/her, within the limits of spare parts and work strictly necessary to meet 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 for these publications.

11. Concluded at a public auction.

12. Furniture of accommodation services, other than residential accommodation, transportation services, car rentals, catering or leisure activities that must be provided on a date or at a time that is not later than the date of the contract.

13. Supply of digital content not provided on a tangible support, the performance of which has begun after the client's express prior consent and express waiver of his/her right of withdrawal.

In the event that the Client withdraws from this Agreement, the Seller shall reimburse all payments received from the Client, including delivery costs (with the exception of additional costs arising from the fact that the Client has chosen, where applicable, a delivery method other than the less expensive standard delivery method offered by the Seller) without undue delay and, in any event, no later than fourteen (14) days from the day on which the Seller is informed of the Client's decision to withdraw from this Agreement. The Seller shall proceed with the refund using the same means of payment as the one used for the initial transaction, unless the Client expressly agrees to a different means; in any case, this refund shall not entail any costs for the Client.

The Client shall return the goods in their original packaging, complete and new, to the Seller without undue delay and, in any event, no later than fourteen (14) days after the Client has communicated his/her decision to withdraw from this Agreement to the Seller. This period shall be deemed to have been observed if the Client returns the goods before the expiry of the fourteen-day period.

The Client shall bear the direct costs of returning the goods. These costs are estimated to be a maximum of approximately ... EUR 200.

The Client shall only be liable for the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the goods.

The Client who has exercised his/her right of withdrawal from a contract for the provision of services which performance has begun, at his/her express request, before the end of the withdrawal period, shall pay the professional an amount corresponding to the service provided until the communication of his/her decision to withdraw; this amount is proportionate to the total price of the service agreed in the contract.

The exercise of the right of withdrawal puts an end to the obligation of the parties to perform the contract.

The Client who wishes to exercise his/her right of withdrawal can use the withdrawal form included in the Annexes to these T&Cs. He/she may also submit his/her request, by means of an unambiguous statement, by sending an e-mail to the following address: contact@orizontes.fr


Article 8 - Use of Services/Delivery

For the coaching services and off-site event purchased by the Client on the Site: The Client shall access to the service through https://www.orizontes-coaching.com/ which will be delivered within a maximum of 12 month delay remotely. Each service is subscribed to for the duration and under the conditions indicated on the dedicated sales page.

The Seller agrees to keep confidential all information exchanged with the Client, in any form whatsoever, during the preparation and execution of the coaching sessions. The Seller also agrees that the confidentiality of this information will be respected by all persons involved in the provision of these sessions.


Article 9 - Liability

The Seller does not guarantee:

1. that the Site will be free of errors or uninterrupted;

2. that any file downloaded from the Site is free of viruses, contamination or any destructive element, the Client being responsible for the protection of his/her equipment and data;

3. that the information provided is current, accurate, correct or reliable, although all information is provided in good faith and believed to be accurate as of the date of publication.

The Seller is not responsible for:

1. the reliability or lack of security of information circulating on the internet;

2. the content of third-party websites accessible by hypertext links that may be present on its Site.

The Client acknowledges that he/she is responsible for the use and interpretation of the products and services purchased on the Site. In particular, the Seller does not guarantee that any particular result or benefit will be obtained by using any of the products or services provided by Seller.

THE CLIENT ACKNOWLEDGES THAT THE PRODUCTS AND SERVICES PROVIDED BY THE SELLER ARE NOT A SUBSTITUTE FOR THE ADVICE AND CONSULTATION OF A QUALIFIED MEDICAL, PARAMEDICAL OR OTHER REGULATED HEALTH PROFESSIONAL. THE PURCHASE OF PRODUCTS AND SERVICES ON THE SITE SHALL IN NO WAY SUBSTITUTE FOR MEDICAL OR PARAMEDICAL TREATMENTS PRESCRIBED TO THE CLIENT BY A HEALTH PROFESSIONAL.


Article 10 - Delay

In the event of failure by the Seller to meet its obligation to deliver the goods or provide the services by the end of the period indicated on the Site, the Client may terminate the contract by registered letter with acknowledgement of receipt, if, after having enjoined the Seller, in the same manner, to deliver the product or provide the service within an additional period of thirty (30) days, the Seller has not done so within this period.

The contract shall be deemed terminated upon Seller's receipt of the letter, unless Seller has performed in the interim.

The Seller shall proceed to the refund of the sums debited within fourteen (14) days following receipt of the letter.


Article 11 - Cancellation/Refund

The sums paid by the Client for the purchase of products and services on the Site are not refundable, except in the case of the exercise of its right of withdrawal by the Client, under the conditions and procedures described in Article 7 of these T&Cs.


Article 12 - Legal Guarantees

According to Articles L. 217-4 and L. 217-5 of the French Consumer Code, the good is in conformity with the contract if it meets, in particular, the following criteria:

- It corresponds to the description, type, quantity and quality, including functionality, compatibility, interoperability, or any other characteristic provided for in the contract;

- It is fit for any special purpose intended by the client, made known to the seller at the latest at the time of the conclusion of the contract and accepted by the latter.

- It is delivered with all the accessories and installation instructions, to be provided in accordance with the contract.

- It is updated in accordance with the contract.

- It is fit for the purpose normally expected of goods of the same type, taking into account, where applicable, any provisions of European Union and national law and all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

- Where applicable, it possesses the qualities which the seller has presented to the consumer in the form of a sample or model, prior to the conclusion of the contract;

- Where applicable, the digital elements it contains are provided according to the most recent version available at the time the contract is concluded, unless the parties agree otherwise;

- If applicable, it is delivered with all the accessories, including packaging, and installation instructions that the consumer can legitimately expect;

- Where applicable, it is supplied with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;

- It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the good as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on the label.

The client is entitled to the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity during a period of one (1) year from the supply of the digital content or service. During this period, the client is only required to establish the existence of the lack of conformity and not the date of its appearance.

The legal guarantee of conformity entails the obligation to provide all updates necessary to maintain the conformity of the digital content or service for one (1) year.

The legal guarantee of conformity gives the client the right to have the digital content or service brought into conformity without undue delay following his/her request, at no cost and without major inconvenience to him/her.

The client may obtain a reduction in price by keeping the digital content or the digital service, or he/she may terminate the contract by obtaining a full refund against renunciation of the digital content or the digital service, if:

The professional refuses to bring the digital content or service into compliance;

The compliance of the digital content or service is unjustifiably delayed;

The digital content or service cannot be brought into conformity without costs being imposed on the client;

the compliance of the digital content or service causes a significant inconvenience to the client

The non-conformity of the digital content or service persists despite the trader's unsuccessful attempt to bring it into conformity.

The client is also entitled to a reduction in price or to rescission of the contract where the lack of conformity is so serious that it justifies the reduction in price or rescission of the contract being immediate. In such cases, the client is not required to request that the digital content or service be brought into conformity beforehand.

In cases where the lack of conformity is minor, the client is only entitled to rescind the contract if the contract does not provide for payment of a price.

Any period of unavailability of the digital content or digital service for the purpose of restoring its conformity suspends the warranty that remained until the digital content or digital service was supplied in conformity again.

These rights result from the application of Articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.

A professional who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which can be increased to 10% of the average annual turnover (Article L. 242-18-1 of the French Consumer Code).

The client also benefits from the legal guarantee of hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect.


Article 13 - Personal Data

In the framework of the European data protection law, the Seller must control the data of its customers from its digital media.

Personal data may be collected on said media and used by the Seller who acts as a data controller within the meaning of the European Union Regulation No 2016/679 of the European Parliament and of the Council dated 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter "General Data Protection Regulation" or "GDPR").

The Seller shall ensure the security and confidentiality of its customers' personal data in accordance with the GDPR. The personal data of the customers may be transmitted to the service providers and partners of Estelle Féret HCC SAS 2, rue de la charreterie 76280 La Poterie Cap d’Antifer France, in case their intervention is necessary in the realization of the orders by the present contract. These service providers and partners may only act on the instructions of Estelle Féret HCC SAS.

Personal data are collected for the purpose of fulfilling the orders stipulated in Article 1 of these T&Cs.

In accordance with the RGPD, the Client has a right of access, rectification and opposition to the personal data concerning him (hereinafter the "Data-processing and Freedoms Rights") and can:

- ask for a copy of all the information kept about him/her;

- ask for a rectification of his personal data;

- request a partial or total deletion of his account and/or personal data.

To exercise this right, the Client must send a request by e-mail at contact@orizontes.fr or by mail at 2, rue de la charreterie 76280 La Poterie Cap d’Antifer in France, indicating his :

- name;

- first name;

- e-mail address;

- his customer references.

The Client's request must be signed and accompanied by a photocopy of an identity document. In accordance with the law "Rights and Freedoms", the answer will be provided as soon as possible and at the latest within one month after the request.

The data collected by the Seller shall be kept for a period not exceeding that necessary for the purposes for which they were collected.

The Seller invites the Client to consult the privacy policy and the general conditions of use on the Site.


Article 14 - Intellectual property rights

The content of the Site is the property of the Seller and its partners. It is protected by French and international laws relating to intellectual property.

Any total or partial reproduction, modification or use of this content, for whatever reason and on whatever medium, without the Vendor's express prior agreement, is strictly prohibited.


Article 15 - Force Majeure

Neither of the contracting parties shall be liable for any delay or failure in the performance of its obligations if such delay or failure is due to force majeure.

The Seller will notify the Customer of the occurrence of such an act of God or force majeure within fifteen (15) days of the date of the occurrence of the event.


Article 16 - Complaints and amicable settlement of disputes

In accordance with article L. 612-1 of the French Consumer Code, "Any consumer has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable settlement of a dispute between him/her and a professional".

The disputes falling within the scope of article L. 612-1 of the Consumer Code are those defined in article L. 611-1 of the Consumer Code, i.e. disputes of a contractual nature, relating to the performance of a contract for the sale or supply of services, between a consumer and a professional. The text covers both national and cross-border disputes.

For Clients located in the EU, Norway, Iceland and Lichtenstein, if a dispute arises out of this Agreement the Client may file a complaint through the European Online Dispute Resolution platform available at : Online Dispute Resolution | European Commission (europa.eu).

The Client is also informed that he/she may, in any event, have recourse to conventional mediation, with the existing sectoral mediation bodies, or to any other alternative dispute resolution method (conciliation, for example) in the event of a dispute. SAS CNPM MÉDIATION CONSOMMATION 27, Avenue de la Libération – 42400 SAINT CHAMOND - +33 (0)988302772

If you have any problems, please contact us at: contact@orizontes.fr.


Article 17 - Governing Law - Language

The present T&Cs and the operations which result from it are governed by the French law.

These T&Cs are written in English. In case of dispute, the French version will prevail over any foreign language translation.


APPENDICES

Withdrawal Form

Please complete and return this form by registered letter with acknowledgement of receipt, only if you wish to withdraw from the contract.

For the attention of [Insert name, postal address and e-mail address] :

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

Ordered on (*)/received on (*) :

Name of client(s):

Address of client(s):

Signature of client(s):

Date:

(*) Cross out what is not applicable.

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