Terms of Sales
Terms of Sales
The general conditions of sale and use described below (the "GTCSU") on the one hand, detail the terms of use of the services offered by the company Ilan Boccara (the "Company") on and from of the website www.be-ib.com (the "Site") and, on the other hand, govern the conditions of sale, of the products and services described below, concluded between the Company and its Customers on and from of the site.
Customers are recommended to carefully read all of these GTCSU before using the services offered by the Company.
ARTICLE 1. LEGAL NOTICE
The Site is published by the Company: Mr. Ilan Boccara under the trade name "Be-ib".
Corporate form: Activity carried out in the form of a Sole Proprietorship (auto-entrepreneur)
Address: 35 rue du General Delestraint, 75016 Paris
RCS Paris: 887694 347
Contact: Ilan Boccara
ARTICLE 2. SCOPE, MODIFICATION AND NON-COMPLIANCE WITH THE GTCSU
2.1 Fields of application of the GTCSU
Any use of the services offered on the Site implies unreserved acceptance by the Customer of these GTCSU.
These GTCSU apply, in their entirety, to all Customers of the Site.
The Customer declares to have read all of these GTCSU and acknowledges that the use of the Site implies acceptance of the GTCSU.
2.2 Modification of the GTCSU
The Company reserves the right to adapt and/or modify at any time, in whole or in part, these GTCSU. The adaptations and modifications made by the Company will be immediately applicable as soon as they are published on the Site. The Customer is deemed to accept the latest version of the GTCSU each time he connects to the Site.
2.3 Non-compliance with the GTCSU
In the event of a breach by the Customer of these GTCSU, the Company reserves the right, without notice, (i) to suspend, for a period that it determines, access to the service it offers or (ii) to terminate it, without notice, in a definitive manner. The Customer will then be informed by a notification sent by email and/or by post.
ARTICLE 3. DESCRIPTION OF THE PRODUCTS AND OF THE SERVICE OFFERED
The Company offers its Customers via the Site a service (i) for the purchase of sports coaching gift cards in individual or group lessons for individuals and/or professionals (the "Coaching Gift Cards" and (ii) sports coaching accessories. sport (Mats, water bottles, shoes, bags) (the "Products")
ARTICLE 4. ACCESS TO ONLINE SERVICES
The Site is accessible free of charge to any user with internet access.
Although the Company makes its best efforts to ensure availability of access to the Site, the Company cannot be held responsible for an interruption of this access, whatever the reason and duration.
The Customer is warned that the transmission of information by Internet always involves a risk. The transmission of information on the Site by the Customer takes place at his own risk.
The Company is not responsible for links from the Site to other websites and/or third-party web pages. The Company declines all responsibility relating to these websites and/or web pages.
4.1 Communication
The Company may send various communications to users through the Site including update notifications or reminders, emails or other communications.
Customers can communicate with each other within the site, for example by posting comments or sending messages or chatting in groups. The customer declares not to send spam, or any other communication unwanted by the recipient, whether commercial or otherwise, including, but not limited to, communications that are threatening, aggressive, obscene, ignominious, offensive, bearing invasion of privacy or commercial communications. Any act contrary to these conditions may – as for the other conditions – lead to an immediate refusal of access and use of the Products and the termination of the user license.
The Company is at any time free to delete user communications or other information shared without any notice or other warning if these are considered to be below standard or otherwise inappropriate by Be-Ib.
ARTICLE 5. CREATE AN ACCOUNT
The Customer can navigate freely on the Site.
To be able to use the Site, the Customer may, when this functionality is available, create an account by filling in the information requested in the form to be completed online (in particular surname, first name, email address, telephone number, age, bank details if applicable ).
The Customer will only be able to create a user account after having accepted these GTCSU by ticking the box requested.
The Customer agrees to always provide the Company with accurate information.
Each Customer can only create one user account.
Once the account has been created, the Customer will be able to access it via the Site as many times as he wishes, subject to entering the username and password that he will have mentioned during his registration and which he can modify at any time.
The Customer remains solely responsible for the choice of the username and password he has chosen and in particular for the level of security they represent. Under no circumstances can the Company be held responsible for fraudulent use of the Customer's username and/or password. It is up to the Customer to take all precautions to keep his username and password secret.
In the event of loss or theft of the Customer's username and/or password, the latter is responsible for any harmful consequences that may result.
Any use of the service offered by the Company, made via the Customer's username and password, will be deemed to have been made by the latter.
ARTICLE 6. ORDERED
The Customer orders online, via his user account, the Gift Card or the Product he has chosen (the "Order").
Before confirming his Order, the Customer must once again read these GTCSU and accept them by clicking on the "accept the general terms and conditions" button.
The Customer confirms his Order by clicking on the "confirm order" button.
Once he has confirmed his Order, the Customer will be redirected to a page summarizing the details of his order and the procedures for exercising his right of withdrawal.
ARTICLE 7. RIGHT TO RETRACT
In accordance with the legislation in force, the Customer has a period of 14 days from the Order to request a refund. To exercise this right, the Customer will send a registered letter with acknowledgment of receipt to the following address: Ilan Boccara – 35 rue du General Delestraint, 75026 Paris, expressly mentioning his desire to obtain reimbursement for his Order.
ARTICLE 8. PRICES AND PAYMENT CONDITIONS
The applicable prices include all taxes, they are expressed in euros and are those in force on the day of the Order. The Company reserves the right to modify its prices at any time. The new rates apply after the Customer has been informed.
Payment for Orders is made by credit card, check, bank transfer, paypal. Credit card payments are made through secure transactions provided by the banking service provider.
The price of the Order is payable by the Customer in full on the day of the Order.
ARTICLE 9. PRODUCT AVAILABILITY
The Products are offered as long as they are visible on the Site and within the limits of available stocks.
In the event of unavailability of a product after the Customer has placed his order, he will be informed by email. The order will be automatically canceled and no bank debit will be made.
ARTICLE 10. DELIVERY OF PRODUCTS
The delivery time and cost of the Products in the order are indicated in the shopping cart before the final conclusion of the transaction.
The period runs from the processing of the order by the Seller's logistics department. Any order for a product in stock confirmed by the Company before 11 a.m. is processed and shipped within 48 hours.
In case of late shipment, an email will be sent to the Customer to inform him of any consequences on the delivery time indicated to him.
The delivery times announced on the Site are from the date of release from the warehouse of the products ordered by the Customer. The Customer is informed of the dispatch of his order by email.
Delivery times give the Customer an indication of the estimated time for delivery in working days. If the maximum deadline indicated is exceeded by (7) seven days, the sales contract may be terminated, except in cases of force majeure, and the Customer will then be fully reimbursed by sending a registered letter with acknowledgment of receipt addressed to Seller.
In the event of deliveries by a carrier, the Company cannot be held responsible for late delivery due exclusively to the unavailability of the Customer after several appointment proposals.
B) Delivery methods
The Products can only be delivered in Metropolitan France and Corsica to the delivery address that the Customer will have provided during the ordering process. In the event of a change in the place of delivery, the Company reserves the right to charge an additional cost.
Upon delivery, the Customer is recommended to check that the Product has not been damaged during transport. If the Customer notices an anomaly or apparent damage, the Customer may either accept or refuse the Product. In both cases, the Customer may report any anomaly or damage on the carrier's delivery note or by registered letter addressed to the carrier within 3 working days of delivery.
ARTICLE 11. RESPONSABILITES
The Products offered comply with the French legislation in force. The Company cannot be held liable for damage resulting from improper use of the purchased product. The Company cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses.
As part of the courses offered to which the Coaching Gift Card entitles, the Company can in no way be held responsible for an accident occurring to one of its Clients during one of the exercise sessions.
Before practicing the courses, the client agrees to have in his possession a medical certificate of no recent medical contraindication (less than 1 month) allowing him to practice these courses.
The Company may only be held liable by a Customer in the event that certain and definitive proof is established in court of a fault committed by the Company in the performance of the contractual obligations, having caused the Customer damage. .
The Company will not be liable for direct or indirect damage suffered by the Customer when the Customer's behavior is the cause or contributed to the damage he claims to suffer.
In any case, the responsibility of the Company cannot be sought in particular:
- in the event of an accident resulting from the Client's failure to observe the instructions of the sports coach;
- in the event of an accident occurring outside the sessions or advice provided by the sports coach;
- if the Customer does not respect the commitments he makes and guarantees he gives under the contract.
This list is not exhaustive. The Customer remains solely responsible for the commitments it makes and the guarantees and information provided by the Customer.
ARTICLE 12. PHYSICAL FITNESS FOR THE PRACTICE OF SPORT
Customers under the age of 18 must provide the Company with parental authorization for all Orders relating to a Coaching Gift Card.
The Customer is informed that the practice of sport must be carried out with caution. It is the Customer's responsibility to regularly ensure that he is fit for physical activity.
The courses offered by the Company are of different intensity. It is up to the Customer to find out about the intensity of a course he wishes to practice and not to register for a course that does not seem to correspond to his sporting aptitudes.
Before any Order of a Coaching Gift Card, it is recommended that the Customer consult a doctor to check their ability to practice a sporting activity.
Once registered, the Customer must regularly take all the necessary precautions for his health. It is strongly recommended that the Customer consult a doctor every year, at least, to reassess their physical conditions.
ARTICLE 13. RESERVATION, CANCELLATION AND ACCESS TO A COURSE
13.1 Booking a course
Each Coaching Gift Card gives the right to a limited number of lessons and a duration that varies according to the formula chosen when Ordering on the Site.
The Customer can book one or more sports lessons via e-mail after having purchased the Coaching Gift Card.
13.2 Cancellation of a lesson
The Customer may cancel a lesson, free of charge, up to 24 hours before the start of said lesson.
Any cancellation request is made on the Site by the Customer on his user account. Each request generates a confirmation email sent to the email address provided by the Customer when creating his user account.
Any cancellation made less than 24 hours before the start of the course will be considered as a cancellation at the fault of the Client. The course will then be invoiced to the Client as if he had participated in it.
13.3 Access to a course
Access to the course is strictly and exclusively reserved for the Customer who benefits from the Coaching Gift Card.
Group lessons and individual lessons take place at the places indicated by the Company when booking. The Company may change the location of the lessons at any time by notifying the Client in advance.
Business attire is strictly prohibited for the exercise of a sporting activity, whatever it may be. The Customer must wear appropriate clothing for the sporting activity he intends to practice.
For classes given outdoors, the Customer must arrive at the meeting place, communicated at the time of booking, in sports clothing adapted to the planned physical activity and the climatic conditions, equipped with something to hydrate and feed when needed. Failing this, the Client may be refused entry to the course by the coach. The course will then be considered canceled at the fault of the Customer and will be debited from its unit, for formulas other than the Annual Subscription.
Regardless of the type of course in which he participates, the Client remains responsible for his personal belongings at all times. The coach in charge of the course can in no way be considered as guardian of the Client's personal effects. The schedules of group and individual lessons may be modified at any time by the Company, without reason, and without this leading to a modification of the pricing conditions of the Membership Formulas, unless otherwise decided by the Company.
ARTICLE 14. ASSURANCE
The Company is insured with an insurance company for damage directly related to its activities and incurring its civil liability. The Customer is informed of the interest of taking out a personal insurance contract covering the bodily injury to which his sporting practice could expose him.
ARTICLE 15. INTELLECTUAL PROPERTY
The intellectual property relating to the Site and its content and structure (these including in particular the images and graphics) are the exclusive property of the Company and/or the owners granting it a license in this regard. All creations and brands are protected and all rights are expressly reserved.
Any use of the Site must be made according to its purpose and without intention to harm. The rights granted to the Customer for the use of the Site do not imply any authorization to operate and/or use any of the elements of the Site. The Customer may not under any circumstances make use of photo(s), image(s), graphics(s), video(s), soundtrack(s) present on the Site, without the prior written authorization of the Company.
ARTICLE 16. WRITTEN-EVIDENCE COMMUNICATION
The Customer accepts by using the Site that the communications between him and the Company are exchanged in electronic form (by email and SMS in particular). The Customer accepts that all exchanges, contracts, information notices, orders, invoices, sent by electronic means constitute means of communication equivalent to means of written communication.
Checking the "I accept the terms and conditions" box constitutes a valid electronic signature. This electronic signature has the same value between the parties as a handwritten signature.
The Customer accepts that the digital copies of the exchanges between the parties and the details of the orders, kept on a storage disk in accordance with the applicable standards, constitute sufficient proof of the relations between the parties.
ARTICLE 17. FORCE MAJOR
The Company cannot be held liable in the event of a failure or delay in the performance of its obligations due to a case of force majeure, a fortuitous event or any other specific cause beyond its control.
Is considered as a case of force majeure, in addition to the cases retained by French case law, the failure of the means of telecommunications resulting in a manifest inability for the Company to offer its services to users.
The case of force majeure and the fortuitous event suspend the obligations of the party invoking it during the time they run. The contractual obligations resume as soon as the force majeure or the fortuitous event ceases.
ARTICLE 18. PROTECTION OF PERSONAL DATA
The information collected by the Company, and in particular personal data (surname, first name, address, telephone number, age, etc.), is necessary for the use of the service offered by the Company and is only used for allow personal and optimal use of the Site.
This information is intended exclusively for the Company. The information is collected by the Company in strict compliance with the provisions relating to the protection of personal data. The information communicated by the Customer will be transferred and stored on the Company's servers which may be located outside the European Union.
If the Company negotiates or enters into any agreement by which it would be merged, sold, acquired or jointly exploited its clientele with another legal or commercial entity, the information communicated by the Client may be transferred or disclosed to the partner(s). s) commercial(ux), new owners and their advice.
The Customer authorizes the Company to use and/or transfer the information to a third party for the purpose of providing the Customer with information and/or personalized services. In accordance with the law "Informatique et liberté" of January 6, 1978, the Customer has a right of access, opposition, rectification and deletion of his personal data. All requests for access or rectification must be sent to the Company, by post to the following address Ilan Boccara, 35 rue du General Delestraint, 75016 Paris.
ARTICLE 19. COOKIES
The Company reserves the right to use cookies for the following purposes: personalization of the Site, traffic analysis, establishment of statistics, faster identification of the Customer when connecting, etc.
Cookies are small data files sent by the website. They are stored on the hard drive of the user's or visitor's computer.
At any time the user or the visitor can oppose the recording of these cookies by configuring his computer or by modifying the parameters of his browser. The Company does not guarantee the optimal functioning of the Site in the event of refusal by the Customer of cookies.
ARTICLE 20. HYPERTEXT LINKS
The Site may contain hypertext links to other websites. Insofar as no control is exercised over these external resources, the User acknowledges that the Company assumes no responsibility for the provision of these resources, and cannot be held responsible for their content.
It is possible to create a link to the presentation page of the Site without the express authorization of the Company. However, the Site should be displayed in a new browser window. The websites with a hypertext link to this Site are not under the control of the Company, which declines all responsibility for their content. The Company reserves the right to request the removal of a link that it considers inconsistent with the purpose of the Site.
ARTICLE 21. ADVERTISING
The Company reserves the right to insert on any page of the Site any advertising or promotional messages in a form and under the conditions that it determines.
ARTICLE 22. APPLICABLE LAW AND JURISDICTION
These general conditions are subject to French law. Any dispute relating to the validity, interpretation, compliance with these general conditions is subject to the jurisdiction of the French courts. Any disputes that may arise between the Company and the Customer will be submitted, at the choice of the plaintiff, to the court of the place where the defendant lives or to the court of the place of performance of the service.
ARTICLE 23. ADDITIONAL STIPULATIONS
In the event that one or more clauses of the GTCSU are null, unenforceable, illegal, all of the other clauses will remain in force and will continue to have full effect between the parties.
These general conditions constitute all the conditions that apply to the relationship between the Company and the Customer. No tolerance of one of the parties for the implementation of one or more of the conditions herein can ever be interpreted as a tacit agreement or a waiver of the application of these conditions.
No right and no obligation resulting from the present can be transferred, assigned, transmitted to a third party without the agreement of the Company.