Terms & conditions
These Terms and Conditions of Sale are concluded between:
- on the one hand, HNT (hereafter referred to as “HNT company“), with a capital of 500 euros, headquartered in Chamonix 75 promenade Marie Paradis 74400 Chamonix Mont Blanc, registered in the register of trade and companies of Annecy whose intra-community VAT number is FR-57539058115 and represented by the manager Mr Hubert de Tourris,
- and on the other hand any individual or corporation purchasing benefits and/or products from HNT (hereafter referred to as the “Customer“).
ARTICLE 1 – SCOPE
These General Terms of Sale are intended to define the contractual relationship between HNT and the Customer.
HNT offers products (“Products“) and services (“collective classes,” “individual courses,” “workshops and one-off events,” “online courses” of Yoga, Gym and other gentle practices such as meditation and “care and massage,” together “benefits”), available on registration.
The Services can be carried out on the premises of the company HNT (located 75 Marie Paradis Drive 74400 Chamonix (hereafter referred to as “the Studio“).
These General Terms of Sale apply to the purchase and registration of the Benefits offered by “HNT Company”, which may be:
- live near Hubert de Tourris (hereafter designated “The Manager“).
- “hamsa.yoga” or the “sattvayogachamonix.com” site (the “Sites”).
These are the e-commerce sites of the company HNT accessible by the internet, open to any user of this network. It is published by the company HNT and its manager is Hubert de Tourris. The Site does not allow the purchase of Benefits or Products for resale. As a result, the user of the Site will not be able to avail himself against the HNT company of any loss of luck, exploitation or profit;
- directly with the studio team.
- or via https://hamsa.yoga/ and https://sattvayogachamonix.com sites (the “Platforms“);
These General Terms of Sale also apply to the purchase of Products offered on the Sites.
These General Terms of Sale do not govern the provision of services or the sale of products by entities other than HNT that could be referenced on the Sites by links, banners or other hypertexts. The Customer is asked, before confirming an order with these entities, to verify their terms of sale, as long as HNT cannot be held responsible for the provision of services or the sale of products by third parties, or for the conclusion of e-commerce transactions between users of the Sites and third parties.
The purchase of Benefits for:
- professors or organizations that rent space for their internships and/or events.
- welfare care provided by the providers involved.
ARTICLE 2 – GENERAL PROVISIONS
These General Terms of Sale are systematically addressed or handed over to each Customer to enable them to purchase Benefits and/or Products offered by HNT. They are available at any time on the Sites. Therefore, placing an order implies the customer’s full and unreserved acceptance of these General Terms of Sale, regardless of the contrary provisions that may appear on any document emanating from the Customer, including any general terms of purchase.
The Customer acknowledges that he has been made aware at the time of any order of these General Terms of Sale and expressly declares that he or she accepts them without reservation implicitly by making the purchase, or by checking the box “I accept the terms and conditions of sale” or any similar box provided for that purpose on the Sites if applicable. However, HNT reserves the ability to change its Terms of Sale at any time. In this case, the applicable terms and conditions will be those in effect on the date of the order.
The fact that HNT does not avail itself of one of the provisions of these Terms of Sale is not valid and does not deprive HNT of the opportunity to avail itself of it at a later date.
ITEM 3 – OFFERS AND PRODUCTS SOLD
The services offered are those that are presented on the Sites and in the Studio. These include yoga, gym, meditation, Movement Therapy, Massage and Care classes.
These benefits are offered in the form of:
- consumption à la carte: by the use of units valid for 6 months or 1 year respectively and which can be used in the Studio, which can be purchased individually or in notebooks of 10 or 20 units (hereafter referred to as “Units“);
- subscriptions: an unlimited formula valid for 1 month, 3 months, 6 months or 12 months (Premium and Extension annual subscriptions payable in one go or monthly payments).
Products offered for sale on the Sites and in the Studio include yoga equipment, ready-to-wear or bookstores.
ARTICLE 4 – PRICE
The prices of the Products and Services offered on the Sites, or in the Studio are prices indicated in euros and all taxes included, taking into account the VAT applicable on the day of the order and its settlement. Any change in the rate may be passed on to the price of Products and Benefits. Any delivery costs are the responsibility of the Customer.
The prices of the Products and Benefits are those in effect at the time of the customer’s registration of the order.
HNT reserves the right to increase its prices at any time. The price increase takes place on the date of publication of the new online rates.
In the event of a price display error (a price clearly less than the actual value of a product), HNT reserves the right to cancel the order and, if confirmed, to refund the amounts paid as soon as possible. In this case, HNT will not be required to compensate the Customer.
ARTICLE 5 – ORDERS
5.1 Conditions common to any order
The order is made directly from the Studio team or on the Sites.
Customers who wish to purchase a Product or Benefit must:
- Fill out the identification card on which it will indicate all the requested contact information;
- Complete the online purchase order by giving all references to the Selected Products or Benefits;
- Validate your order after you’ve checked it
- Make the payment under the terms and conditions
- confirm the order and its regulations.
Any order is worth express and irrevocable acceptance of the prices and descriptions of the Products and Benefits, as well as of these General Terms of Sale.
HNT confirms its order to the Customer by e-mail within 48 hours (except orders placed on Fridays, Saturdays, Sundays and public holidays).
For all stages of access to the Sites and the ordering process, HNT has only an obligation to provide means.
It cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, including a breakdown of service or failure to connect to the Sites, an external intrusion or the presence of computer viruses, or in any fact classified as force majeure in accordance with the jurisprudence and the law.
In accordance with the provisions of Article L. 122-1 of the Consumer Code, HNT will be entitled to refuse any abnormal or bad faith orders, sites for sale to consumers and do not allow the purchase of Products in large quantities for resale.
5.2 Special Conditions to a Benefit Order
The proposed benefits give rise to participation in individual or group courses, conferences or care. Bookings can be made directly on the Sites, by phone or at the Studio’s reception.
Membership in HNT in any form is nominative, personal and unreasible. The Customer may not give or transfer to anyone in any way, for free or expensive, any course, subscription subscribed to his name.
The Customer expressly and irrevocably acknowledges and accepts the following:
Medical Certificate and Certificate
The Client acknowledges that he has a perfect knowledge of the nature of the physical exercises performed during the classes and sessions he has ordered from Hamsa Yoga and Sattva Yoga Chamonix (i.e. HNT and all its stakeholders), and certifies on the honour that his physical constitution and health allow him to practice sport in general. , and in particular to practice the activities commissioned from HNT.
The Client discharges HNT, its officers and members from any claims and legal action relating to injuries or damages caused to the person in any way arising from or as a result of the activity. The Client agrees to assume all the risks and consequences associated with the activity carried out within the company HNT.
In any event, the Client undertakes to inform HNT about his medical history and to give HNT a medical certificate of less than three months when the professors require it. If the medical certificate indicates that the Client is not fit to perform the activity ordered, HNT is entitled to terminate without notice or compensation the contractual relationship with the Customer concerned, which will be reimbursed for all or part of the Benefits ordered according to the Benefits already performed.
Suspension – termination – no access
The temporary or permanent non-use of a notebook or subscription does not entitle the Customer to extend their validity or refund. The Studio may, however, agree to extend the validity of a notebook or subscription if the Customer duly justifies a medical impediment prohibiting him from engaging in any physical activity for a period of more than 30 days.
The club may extend the validity of a client’s notebook or subscription if it justifies a move or a professional transfer more than 30km from the Studio, or a medical impediment prohibiting it from engaging in any physical activity for a period of more than 6 months (medical certificate).
In the event of a violation of the health and safety instructions that could be given to him by the Studio’s staff and as they could, if necessary, be recalled by display or on any internal document at the Studio, the Client may be notified of a suspension of his subscription and/or his right to participate in a course or massage for a period of 15 days. In the event of a serious and repeated violation, HNT reserves the right to terminate the contract and/or temporarily or permanently prohibit the Customer’s access to the Studio.
In the event of non-payment of the sums owed by the Customer under a subscription, the Customer will receive a letter inviting him to regularize his situation and informing him of the suspension of his contract until regularization. A Member who has not regularized his situation within 15 days of receiving this letter may have his subscription terminated and be claimed compensation for the collection costs incurred in addition to all the sums for which he is liable.
Cancellation of a reservation by the Customer:
- Any booking of private or un cancelled courses 48 hours in advance will be due.
- Any group course bookings not cancelled 12 hours in advance will be due.
- Any booking of online courses not cancelled 1 hour in advance will be due.
Cancellation of a reservation by HNT: Any booking of a private or group session or course may be cancelled by HNT up to 2 hours before the time of the course or the session by phone or email to the Customer. The corresponding course units may be reused until the expiry date of the courts. The cancellation of a reservation out of time cannot in any case give rise to any refund.
Loss and theft: The Customer acknowledges that he is informed that, within the Studio, he must deposit his personal belongings in the lockers made available for this purpose. It is expressly recalled that the Client files his personal belongings under his sole responsibility. HNT cannot be held responsible for the loss or theft of personal belongings deposited by the Customer in the Studio.
Insurance: The Customer acknowledges that he has been informed by HNT of the interest of underwriting a personal insurance contract covering personal injury to which their sports practice may expose them in accordance with Article L. 321-4 of the Code of Sport.
Safety guidelines: HNT cannot be held liable in the event of an accident resulting from the non-compliance with the safety instructions set out by the teachers, in particular, or the inappropriate use of the equipment or other facilities.
5.3 Details for a Service Order
Children’s courses: The “children’s course” rate, applicable to children aged 3 to 16, can only be used for registration for the children’s group courses of the schedule.
Discovery Course: This offer is only valid once per Customer.
Premium and Extension annual subscription: this offer is valid for one year, three hundred and sixty-five (365) days from the first course to which the Customer has registered. The monthly direct debit payment facility granted to the Customer does not in any way give him the ability to cancel his subscription at no cost during the year, which will be in full until its end, whether the Benefits are consumed by the Customer or not. As part of the SEPA levy, the Customer will have the opportunity to consult at any time his Single Mandate Reference (RUM). In accordance with Article 8 of these General Terms of Sale, the Customer will have a 14-day calendar withdrawal period from the subscription of the annual monthly subscription contract, being specified that in the event of a withdrawal within this 14-day period, all benefits made will be due.
Details of online and live courses:
- Technical requirements
The “online courses” are offered live exclusively on the Zoom platform (the free version of which can be downloaded at zoom.us/fr-fr/zoomrooms/software.html), which presupposes, among other things, the existence of a webcam equipped with speakers, a microphone, as well as having accepted the terms of Service Zoom.
The “online courses” are available exclusively via the web browser. The cost of using “online courses” services, such as an Internet connection, the required equipment, and the availability and security of data communication are the responsibility of the Customer. HNT cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, including service disruption or connection failure.
- Specific conditions
Customers can cancel a course at no cost no later than 1 hour before the start of the booked course, via the Sites. In this case, the cancelled course unit is considered unre honoured and can be overtaken at a later date. In the event of cancellation less than 1 hour before the start of the course, the course unit concerned is considered to be honoured and HNT is no longer required to perform the Benefit. The Customer will not be entitled to any refund in this regard.
HNT may cancel a course no later than 2 hours before the start of this course. In this case, the cancelled course is considered unre honoured and may be overtaken at a later date. As long as the teacher assigned to the course has an impediment and cannot carry out the course
(e.g. due to illness), HNT may, for the respective course, call on a teacher other than the one assigned to the course at any time or, if no suitable replacement is available, postpone the course in question to another date.
HNT reserves the right to cancel a course at the last moment if the course does not exceed the three Clients at the Studio or online. Of course in this case Clients will not have to pay for the cancelled course and will be allowed to take another course at a later date.
5.4 Details for orders for internships and training.
The total payment of the benefit will be cashed one month before the start of the internship at the latest.
In the event of cancellation of the registration for the internship, it will be e
ligible only by telephone confirmed by an e-mail.
If the cancellation occurs:
- More than 60 days before the start of the benefit, 80% refund
- From the 31st to the 60th day before the start of the benefit, 50% refund
- From the 0th to the 30th day before the start of the benefit, no refund will be made.
ARTICLE 6 – PAYMENT
The Services and Products offered on the Sites are payable on order.
6.1 Payment terms
The payment of the Customer’s online purchases is made only by bank card: the cards of the “CB” network, Visa, Eurocard/Mastercard and American Express are accepted on PayPal.
The means of payment accepted in the Studio are: check or cash or “CB” via the Sites.
HNT reserves the right to refuse to honour an order for Benefits and/or Products from a Customer who has not fully paid a previous order or with which a payment dispute is pending.
HNT reserves the right to suspend or cancel any order and/or delivery, regardless of their nature and level of execution in the event of non-payment of any sum that is owed by the Customer, or in the event of a payment incident.
6.3 Property Reserve
It is agreed that Products issued and invoiced to the Customer remain the property of HNT until their price is fully paid.
ARTICLE 7- PRODUCT DELIVERY
7.1 Carrier’s Choice
Delivery to France is done by one of the means offered on the Sites.
7.2 Shipping times
The shipping times on the order confirmation email depend in particular on the availability of the Products. In the event of a delay in shipping, HNT will notify the Customer by phone or email.
These deadlines are given as an indication and cannot be guaranteed, which the Customer expressly accepts.
A delay in shipping cannot in any way result in the cancellation of the order, the refusal of the Products, the payment of damages or the payment of any penalty. Similarly, no amount can be deducted from the invoice as such.
7.3 Delivery times
Delivery times vary depending on where the ordered product is to be delivered. Delivery times are generally recorded are 2 to 5 days for deliveries in metropolitan France.
In accordance with the provisions of Article L. 216-1 of the Consumer Code, the delivery of the ordered products will take place no later than 30 days from the day after the order, unless the Parties agree differently and subject to the full payment of the price.
Delays in delivery do not give the customer the right to cancel the order or refuse the Products. They cannot result in any withholding, compensation, penalty or damages.
No delay in delivery will be allowed until the Customer has issued a notice to HNT in a letter of recommended letter with acknowledgement and remained ineffective for a period of no more than two (2) weeks following receipt.
In the event of force majeure, as defined in Article 12, HNT may suspend the delivery of the Products, without liability being sought.
7.4 Delivery Location
The products ordered will be delivered to the address given by the customer at the time of the order.
7.5 Report of damage to delivery
In case of damage, the Customer formulates his reservations with precision and clarity on the delivery order, a double of which is addressed by La Poste or by the carrier to the company HNT. In this regard, it is the customer’s responsibility to verify the content, compliance and condition of the product during delivery.
This verification is deemed to have been carried out as soon as the Customer, or a person regularly authorized by it, has signed the delivery voucher submitted by the receiver of the Post Office or by the carrier.
The risk of loss or damage to the Product is transferred to the Customer at the time he takes it, or a designated third party, physically possesses it.
ARTICLE 8 – RIGHT OF RETRACTATION AND RETURN
In accordance with the provisions of Articles L. 221-18 and following of the Consumer Code, in the event of an online purchase of a service or product, the Customer has the benefit of fourteen (14) free days to request the exchange or refund of products or services ordered without penalty, except for the return fee. This period runs from the confirmation of the order if the Customer has ordered a Service and from the receipt of the Product if the customer has ordered a Product.
With regard to ordering a product, the Customer must return his order by recommended shipment to Studio Sattva Yoga Chamonix, unequivocally stating his intention to retract and specify if he wishes a refund or exchange. He must attach the number of his order or the purchase invoice. The refund or exchange assumes that the Product has not been damaged by the Customer or that it is not returned incomplete. The product must also be returned in a package guaranteeing its proper transport and safety.
The refund of the products, after return, will be made as soon as possible and at the latest within fourteen (14) free days following receipt of these products.
In the case of a Benefit, the Client must send a letter in recommend, indicating in a non-equivocal manner his intention to retract and specify whether he wishes a refund or exchange, at the following address: Sattva Yoga Shala 75 promenade Marie Paradis 74400 Chamonix Mont Blanc . They must attach the order number or the purchase invoice.
(Please complete and return this form only if you wish to withdraw from the contract).
– I/We [*]hereafter notify you[*] my/our retraction [*]of the contract for the sale of the proper[*]ty/for the service provided[*] below
– Ordered[*] the /[*]received on:
– Name of the (consumer)
– Address of the (consumer)
– Signing the consumer (only if this paper form is notified)
[*] Blow the unnecessary mention.
In accordance with the provisions of the Consumer Code, the right of withdrawal cannot be exercised for a Benefit whose performance has begun.
The return costs of any product will be the exclusive responsibility of the Customer.
Any period expiring on a Saturday, Sunday or public holiday will be extended until the next business day.
This right of retraction applies only to products and benefits purchased on the Sites.
ARTICLE 9 – CONFORMITY AND WARRANTY
Customers must ensure that the products delivered to them are in line with their order. In the event that the products delivered do not comply with its order, the Customer will have to inform HNT by email or telephone and return the products in question under the conditions set out in Article 8 of these General Terms of Sale.
Products sold by HNT are subject to the legal guarantees of L items. 217-4, L. 217-5, L. 217-7 and L. 217-12 of the Consumer Code and Articles 1641 and 1648, the first paragraph of the Civil Code. Any guarantee is excluded in case of misuse, negligence or failure to maintain on the part of the buyer, such as in the case of normal wear and tear of the property, accident or force majeure.
LEGAL PROVISIONS RELATING TO LEGAL GUARANTEES:
Art. L. 217-4 of the Consumer Code:
“The seller delivers a property in accordance with the contract and responds to any compliance deficiencies that exist at the time of issuance.
It also addresses compliance defects resulting from the packaging, assembly instructions or installation when it has been placed in its care by the contract or has been carried out under its responsibility.»
Art. L. 217-5 of the Consumer Code:
“The property is in accordance with the contract:
(1) If it is suitable for the usually expected use of a similar property and, if so:
- whether it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
(2) Or if it has the characteristics defined by the Parties or is specific to any special use sought by the buyer, brought to the seller’s knowledge and which the seller has accepted.»
Art. L. 217-7 of the Consumer Code:
“The defects of compliance that appear within twenty-four months of the issuance of the property are presumed to exist at the time of issuance, unless there is evidence to the contrary.
For goods sold on occasion, this period is set at six months.
The seller can fight this presumption if it is not consistent with the nature of the property or the non-compliance invoked.»
Art. L. 217-12 of the Consumer Code:
“The action resulting from the non-compliance is prescribed by two years from the issuance of the property.»
Art. 1641 of the Civil Code:
“The seller is bound by the guarantee because of the hidden defects of the thing sold which make it unsuitable for the purpose for which it is intended, or which diminish this use so much, that the buyer would not have acquired it, or would have given only a lower price, if he had known them.»
Art. 1648 paragraph 1 of the Civil Code:
“The action resulting from the defects must be brought by the purchaser within two years of the discovery of the defect.»
ARTICLE 10 – PERSONAL GIVES – COOKIES
Ordering Products or Benefits may involve the Customer providing personal data (the “Personal Data“).
HNT recognizes the importance of ensuring the protection and security of Personal Data and is committed to treating it in accordance with applicable regulations, namely, Law 78-17 of 6 January 1978, as amended, known as the “Computer Law – Freedoms” and the Regulation (EU) No. 2016/679 of the European Parliament and the Council of 25 April 2016, known as “RGPD” (the “Applicable Regulation”).
ARTICLE 11 – INTELLECTUAL PROPERTY RIGHTS
The Sites are protected works and remains the exclusive property of the company HNT which created and put online web pages, images and sources scripts, basic data component. Unless otherwise stated, HNT therefore holds the copyright on each of the pages that make up the Sites, on their tree and on each of the components: marks, logotypes, illustrations, drawings, models, photographs, images and more generally all other elements present on the Sites, whether they are deposited or not.
Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the Sites, regardless of the means or process used, is prohibited, unless written permission beforehand from the HNT company.
Any unauthorized exploitation of the Sites or any of the items contained in it will be considered to constitute infringement and prosecuted in accordance with the provisions of Articles L. 335-2 and following intellectual property code.
The client, or his legal representative, states that he is informed that HNT is required to take photos and make videos in order to post them on the Studio’s Sites or social networks or to display them in the Club’s communication area or to make communication pads. However, he has the right to object to the shooting by reporting it before the production sessions.
ARTICLE 12 – FORCE MAJEURE
HNT’s performance of all or part of its obligations will be suspended in the event of a fortuitous or force majeure case, as defined by Article 1218 of the Civil Code, which would interfere with or delay its execution.
These include, without limiting, the list of wars, riots, insurrections, social unrest, epidemics, strikes of all kinds and the supply problems of HNT. HNT will notify the Customer of any fortuitous or force majeure cases within seven (7) days of its occurrence and may suspend the delivery of the Products and/or the execution of the Benefits during the duration of the prevention, without liability being sought in any capacity.In this case, the validity of the Customer’s units and/or subscription will be extended for a period equal to the duration of that impediment.
ARTICLE 13 – LITIGATION, APPLICABLE LAW AND JURISDICTION
These General Terms of Sale are subject to French law and governed by the French language for their interpretation.
In the absence of an amicable solution, any dispute that may result from validity, interpretation, execution, termination, their consequences and their consequences of these General Terms of Sale will be submitted exclusively to the competent courts of the Paris Court of Appeal.
ARTICLE 14 – INDEPENDENCE OF CLAUSES
If any of the articles in these General Terms of Sale are deemed null or void, the validity or opposability of the other provisions of the General Terms of Sale will not be affected.