General terms and conditions

General terms and conditions of sale – internet

In force on 16/10/2023

ARTICLE 1 – Scope of application

These General Terms and Conditions of Sale (the ‘GTCS’) apply, without restriction or reservation, to all purchases of the following services:

Consultations, sending of personalised audios, training, B2B services

services offered by the Service Provider to non-professional customers (‘the Customer’) on the https://wydiane-khaoua.com/ website.

The main features of the Services are presented on the https://wydiane-khaoua.com/ website.

It is the Customer’s responsibility to read them before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer.

These GTC can be accessed at any time on the https://wydiane-khaoua.com/ website and shall prevail over any other document.

The Customer declares that he/she has read these GTS and accepted them by ticking the appropriate box before placing an order online at https://wydiane-khaoua.com/.

In the absence of proof to the contrary, the data recorded in the Service Provider’s computer system constitutes proof of all transactions entered into with the Customer.

The Provider’s contact details are as follows

SASU Wydiane Khaoua

22 Boulevard de Belleville 75020 PARIS

Registration number: 980 872 022 RCS Paris

e-mail: [email protected]

telephone: 0640671138

Customs duties or other local taxes, or

Customs duties or other local taxes or import duties or state taxes may be payable. The Customer shall be solely liable for any such charges.

ARTICLE 2 – Prices

The Services are provided at the current prices shown on the https://wydiane-khaoua.com/ website when the order is placed by the Service Provider.

Prices are expressed in Euros, excluding VAT and including VAT.

The prices take into account any discounts granted by the Service Provider on the https://wydiane-khaoua.com/ website.

These prices are firm and non-revisable during their period of validity, but the Service Provider reserves the right to change prices at any time outside their period of validity.

Prices do not include processing, dispatch, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is drawn up by the Service Provider and given to the Customer when the Services ordered are provided.

ARTICLE 3 – Orders

It is the Customer’s responsibility to select the Services they wish to order on the https://wydiane-khaoua.com/ website, in accordance with the following procedures:

The Customer chooses a Service and places it in their basket, which they may delete or modify before validating their order and accepting these general terms and conditions of sale. They will then enter their contact details or log on to their customer area. Once the information has been validated, the order will be considered definitive and will require payment by the Customer in accordance with the terms and conditions set out.

The sale will only be considered valid once the price has been paid in full. It is the Customer’s responsibility to check the accuracy of the order and to report any errors immediately.

Any order placed on the https://wydiane-khaoua.com/ website constitutes the formation of a distance contract between the Customer and the Service Provider.

The Service Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer will be able to follow the progress of his order on the Website.

ARTICLE 4 – Terms of payment

The price is paid by secure payment, in accordance with the following terms and conditions:

payment by bank card
or payment by bank transfer to the Vendor’s bank account (the details of which are communicated to the Customer when the order is placed).

The price is payable in full by the Customer on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the https://wydiane-khaoua.com/ website.

Payments made by the Customer will only be considered final once the amounts due have been effectively collected by the Service Provider.

The Service Provider shall not be obliged to provide the Services ordered by the Customer if the Customer does not pay the Service Provider the full price in accordance with the above conditions.

ARTICLE 5 – Provision of Services

The Services ordered by the Customer will be provided as follows:

Service initiated following receipt of the order and payment.

The said Services will be provided within a maximum period of 30 days from the definitive validation of the Customer’s order, under the conditions set out in these GTS at the address indicated by the Customer when placing the order on the https://wydiane-khaoua.com/ website.

The Service Provider undertakes to use its best endeavours to provide the Services ordered by the Customer, on a best endeavours basis and within the time limits specified above.

If the Services ordered have not been supplied within 15 days of the indicative supply date, for any reason other than force majeure or the fault of the Customer, the sale of the Services may be terminated at the written request of the Customer under the conditions set out in articles.

The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of termination of the contract, to the exclusion of any compensation or deduction.

In the event of a specific request by the Customer concerning the conditions of supply of the Services, duly accepted in writing by the Service Provider, the costs relating thereto will be the subject of a specific additional invoice at a later date.

In the absence of reservations or complaints expressly made by the Customer upon receipt of the Services, the latter shall be deemed to comply with the order, in terms of quantity and quality.

The Customer will have a period of 24 hours from the provision of the Services in which to submit complaints by email, with all the relevant supporting documents, to the Service Provider.

No complaint will be validly accepted if the Customer fails to comply with these formalities and deadlines.

The Service Provider will reimburse or rectify as soon as possible and at its own expense the Services whose lack of conformity has been duly proven by the Customer.

ARTICLE 6 – Right of withdrawal

In accordance with article L221-18 of the Consumer Code ’
For contracts providing for the regular delivery of goods over a defined period, the period runs from the date of receipt of the first good’.

The right of withdrawal may be exercised online, using the withdrawal form attached hereto and also available on the site, or by any other unambiguous statement expressing the wish to withdraw, and in particular by post addressed to the Service Provider at the postal or e-mail address given in ARTICLE 1 of these GTC.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Services ordered will be reimbursed.

The sums actually paid by the Customer will be reimbursed within 14 days of receipt by the Provider of notification of the Customer’s withdrawal.

ARTICLE 7 – Liability of the Provider – Guarantees

The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Customer against any lack of conformity or latent defect resulting from a design or production fault in the Services ordered under the following terms and conditions:

Provisions relating to legal guarantees

Article L217-4 of the French Consumer Code

‘The seller is obliged to deliver goods that conform to the contract and is liable for any lack of conformity that exists at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility’.

Article L217-5 of the French Consumer Code

‘The goods are in conformity with the contract :

1° If it is fit for the purpose normally expected of similar goods and, where applicable :

– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;

– if it has the qualities that a purchaser may legitimately expect having regard to 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 mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.’

Article L217-12 of the French Consumer Code

‘Any action arising from a lack of conformity must be brought within two years of delivery of the goods.

Article L217-16 of the French Consumer Code.

‘When the buyer asks the seller, during the term of the commercial guarantee granted to him when a movable item was purchased or repaired, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee that was still running. This period runs from the date of the purchaser’s request for service or from the date the item in question is made available for repair, if it is made available after the request for service.

In order to assert its rights, the Customer must inform the Service Provider in writing (e-mail or letter) of the existence of the defects or lack of conformity.

The Service Provider will refund or rectify or have rectified (as far as possible) the services deemed defective as soon as possible and no later than 30 days following the Service Provider’s discovery of the defect or fault. This refund may be made by bank transfer or cheque.

The Service Provider’s warranty is limited to the reimbursement of the Services actually paid for by the Customer.

The Service Provider shall not be held liable or in default for any delay or non-performance resulting from the occurrence of an event of force majeure as usually recognised by French case law.

The Services provided through the Provider’s _______________ website comply with the regulations in force in France. The Service Provider may not be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for choosing the Services requested, to check.

ARTICLE 8 – Personal data

The Customer is hereby informed that the collection of his/her personal data is necessary for the sale of the Services and their performance and delivery, entrusted to the Service Provider. This personal data is collected solely for the performance of the service contract.

8.1 Collection of personal data

The following personal data is collected on the https://wydiane-khaoua.com/ website:

Account opening

When the Customer/user account is created:

Depending on the services requested, in addition to the first name, surname, email address and date of birth, you may also be asked to provide your marital status, place of birth and time of birth.

Payment

As part of the payment process for the Services offered on the https://wydiane-khaoua.com/ website, the latter records financial data relating to the Customer/user’s bank account or credit card.

8.2 Recipients of personal data

Personal data is reserved for the sole use of the Service Provider and its employees.

The data controller is the Service Provider, within the meaning of the French Data Protection Act and, from 25 May 2018, Regulation 2016/679 on the protection of personal data.

8.4 limitation of processing

Unless the Customer expressly agrees, its personal data will not be used for advertising or marketing purposes.

8.5 Data retention period

The Service Provider will keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.

8.6 Security and confidentiality

The Service Provider implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Service Provider cannot guarantee the security of the transmission or storage of information on the Internet.

8.7 Enforcement of Customer and user rights

Pursuant to the regulations applicable to personal data, Customers and users of the https://wydiane-khaoua.com/ website have the following rights:

They may update or delete the data concerning them as follows:

By logging into their account and adjusting their personal details or by writing to [email protected] for any specific request.

They may delete their account by writing to the e-mail address indicated in article 9.3 ‘Data controller’.
They may exercise their right of access to their personal data by writing to the address indicated in article 9.3 ‘Data controller’.
If the personal data held by the Service Provider is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 ‘Data controller’.
They may request that their personal data be deleted.

They may exercise their right of access to the personal data concerning them by writing to the address indicated in Article 9.3 ‘Data controller’.
If the personal data held by the Service Provider is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 ‘Data controller’.
They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 ‘Data controller’.
They may also request the portability of data held by the Service Provider to another service provider.
Finally, they may object to the processing of their data by the Service Provider.

These rights, provided that they do not object to the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.

The data controller must respond within a maximum of one month.

If the Customer’s request is refused, reasons must be given.

The Customer is informed that in the event of refusal, he/she may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to tick a box indicating that he/she agrees to receive emails of an informative nature from the CNIL.

The Customer may be asked to tick a box by which they agree to receive informative and advertising emails from the Service Provider. They may withdraw their consent at any time by contacting the Service Provider (contact details above) or by following the unsubscribe link.

ARTICLE 9 – Intellectual property

The content of the https://wydiane-khaoua.com/ website is the property of the Vendor and its partners and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 10 – Applicable law – Language

These GCS and the transactions arising from them are governed by and subject to French law.

These GCS are drawn up in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 11 – Disputes

For any complaint, please contact the customer service department at the postal or e-mail address of the Service Provider indicated in ARTICLE 1 of these GTCS.

The Customer is hereby informed that, in the event of a dispute, he/she may have recourse to conventional mediation, with the existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example).

In this case, the mediator appointed is

Frédéric Pjie

37 rue des Mathurins, 75008 Paris, France

Accueil

E-mail: [email protected].

Customers are also informed that they may also have recourse to the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising from the purchase and sale transactions concluded pursuant to these GTCS and which have not been settled amicably between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.

Made on https://www.legalplace.fr

APPENDIX I

Withdrawal form

Date ______________________

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://wydiane-khaoua.com/, except in the case of exclusions or limits to the exercise of the right of withdrawal under the applicable General Terms and Conditions of Sale.

I hereby give notice of withdrawal from the contract relating to the order for the service below:

– Order dated (indicate date)

– Order number: …………………………………………………..

– Customer name: …………………………………………………………………

– Customer’s address: ……………………………………………………………..

Customer’s signature (only if this form is submitted on paper)

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