GCV MINDSET COACH/COACHING

 

Preamble

 

These general conditions of sale apply to all sales made on the website: https://www.mindlyne.com

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The website www.mindlyne.com is a service of:
 

• Individual company Mindset Personal Development Coach

• Site URL:  https://mindlyne.com

• E-mail adress: mindlyne.lifecoaching@gmail.com

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Mind'Lyne Professional Life Coaching is specializes in:

 

• Customized Coaching in Individuals

• Customized Coaching in Duo

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The customer declares to have taken knowledge and to have accepted the general conditions of sale before the placing of his order. The validation of the order is thus worth acceptance of the general conditions of sale.

 

Article 1 - Principles

 

The present general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

The present general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or by means of other distribution and marketing channels.

 

Seller and Buyer both agree that these terms and conditions shall exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.

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If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France. The present general conditions of sale are valid as long as the website www.mindlyne.com is online.

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Article 2 - Content

 

The purpose of the present general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website https://www.mindlyne.com

The present conditions concern only the purchases of services carried out on the above-mentioned site.

 

These purchases are for the following services:

• Individual Coaching

• Duo Coaching

 

Article 3 - Pre-contractual information

 

The buyer acknowledges having been informed, prior to the placing of the order and the conclusion of the contract, in a legible and comprehensible manner, of the present general conditions of sale and of all the information listed in article L. 221-5 of the French Consumer Code.

 

The buyer shall be provided with the following information in a clear and comprehensible manner:

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• the essential characteristics of the service ;

• the price of the service;

• if applicable, any additional charges that may be payable;

• in the absence of immediate execution of the contract, the date on which the seller commits to its service, regardless of its price;

• information on the seller's identity, telephone and electronic, and its activities; information on legal guarantees, the functionalities of the digital content and, if applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions.

 

Article 4 - Field of competence

 

The various coaching techniques offered in the services have no medical purpose and are not comparable to the acts reserved for the health professions.

Considered as complementary, they are not intended to replace the medical field reserved for the health professions. The practitioner does not establish a diagnosis. Only your attending physician is authorized to modify or suppress a medical treatment if you follow one.

 

Article 5 - Placing the order

 

The buyer has the possibility of placing his order directly on the site, from the online calendar for any service, within the limit of the availability of the seller. The buyer will be informed of any unavailability at least 48 hours in advance, except in circumstances beyond his control.

 

For the order to be validated, the buyer will have to accept, by clicking in the indicated place, the present general conditions. He will also have to choose when it is possible his place of service (by videoconference, on the proposed platforms), and finally validate the method of payment.

The sale will be considered final:

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• after the sending to the buyer of the confirmation of the acceptance of the order by the salesman by electronic mail;

• and after collection by the seller of the full price.

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Any order implies acceptance of the prices and the description of the products available for sale. Any dispute on this point will intervene within the framework of a possible exchange and the guarantees mentioned below.

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In certain cases, notably non-payment, erroneous address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the conflict is resolved. For any question relating to the follow-up of an order, the purchaser can send an e-mail to the seller at the following e-mail address: mindlyne.lifecoaching@gmail.com

 

Article 6 - Validation of the order

 

The validation of the order by the buyer is subject to the electronic signature as well as the full payment of the order and will constitute, thus, the formal proof of the buyer's agreement.

The payment and the validation which are automatic do not engage the professional in the contract of sale that it is free to cancel. In which case the refund of the sum by the salesman will intervene under an average time of 72 hours maximum in working days.

 

Article 7 - Proof of the transaction

 

The computerized registers, kept in the computer systems of the seller in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is made on a reliable and durable support that can be produced as proof.

 

Article 8 - Product information

 

The services governed by the present general conditions are those that appear on the seller's website and that are indicated as sold and executed by the seller. They are offered within the limits of the seller's time availability. The products are described and presented with the greatest possible accuracy. However, if errors or omissions could have occurred as for this presentation, the responsibility of the salesman could not be committed. The photographs of the products are not contractual.

 

Article 9 - Prices

 

The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force at the time of the order, subject to availability on that date. The prices are indicated in euros. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online store.

If one or more taxes or contributions, were to be created or modified, in rise as in fall, this change could be reflected on the selling price of the products.

 

Article 10 - Method of payment

 

It is an order with obligation of payment, which means that the placing of the order implies a payment of the purchaser for each committed service.

 

To pay his order, the buyer has, at his choice, all the methods of remote payment made available by the seller and listed on the site of the seller.

The buyer guarantees the seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form.

The seller reserves the right to suspend any order processing and any delivery in case of refusal of authorization of payment by credit card from the officially accredited organizations or in case of non-payment.

The seller reserves the right to refuse to make a delivery of services or to honor an order from a buyer who has not paid in full or in part a previous order or with whom a payment dispute is being administered.

The payment of the price is carried out in totality with the day of the order, according to the following methods:

• Paypal

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Payment of the price for long companion programs may be made on a schedule, with the amount and installments spread over a period determined between the seller and buyer on a case-by-case basis, as follows:

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• Paypal

 

Article 11 - Availability of services - Refunds - Cancellation policy

 

Except in case of force majeure or during periods of closure of the online sales area which will be clearly announced on the homepage of the site, the completion times will be subject to the availability of the seller on the dates desired by the buyer.

 

In case of non-compliance with the agreed delivery date or deadline, the buyer shall, before breaking the contract, instruct the seller to execute the contract within a reasonable additional period (request by email or telephone).

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In the absence of performance at the end of this new period, the buyer may freely break the contract.

The contract shall be deemed to be terminated upon receipt by the seller of the letter or writing informing him of such termination, unless the professional has performed in the meantime.

In case of unavailability of the ordered service, the buyer will be informed as soon as possible and will have the possibility to cancel his appointment or to postpone it or to convert it into a voucher, or to ask for the reimbursement of the sums paid within 14 days at the latest of their payment.

 

In the case where the buyer cannot attend the agreed upon remote appointment, he/she is required to inform the seller 72 hours in advance, so that a new date can be set, and to allow the seller the possibility to let other buyers benefit from the free time slot. In the absence of notification within the time limit, the seller reserves the right to keep all or part of the amount paid to cover its operating costs.

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Article 12 - Terms of delivery of the service

 

The delivery is understood as the provision of the ordered service to the Coachee. The ordered services are executed in sessions according to the modalities and the deadline specified above.

The services are executed at the point of delivery by an internet link that will be transmitted approximately 72 hours before the date set for the appointment.

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Article 13 - Force majeure

 

Any circumstances beyond the control of the parties that prevent the performance of their obligations under normal conditions shall be considered as grounds for exemption from the obligations of the parties and shall result in their suspension.

 

The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.

 

Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by the latter, despite all the efforts reasonably possible.

Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the courts and French tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers

 

The parties will meet to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, the present general conditions may be terminated by the injured party.

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Article 14 - Intellectual Property

 

The content of the website remains the property of the company Mind'Lyne Professional Life Coaching, sole owner of intellectual property rights on this content.

 

The buyers commit themselves not to make any use of this content; any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement.

 

Article 15 - Data Processing and Liberties

 

The personal data provided by the buyer are necessary for the processing of his order and the establishment.

They can be communicated to the partners of the salesman in charge of the execution, the treatment, the management and the payment of the orders.

The buyer has a permanent right of access, modification, rectification and opposition regarding the information concerning him. This right can be exercised under the conditions and according to the methods defined on the site

https//mindlyne.com

 

Article 16 - Partial non-validation

 

If one or several stipulations of the present general conditions are held to be invalid or declared as such in application of a Law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their scope.

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Article 17 - Non-Waiver

 

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.

 

Article 18 - Language of the contract

 

The present general conditions of sale are written in English. 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.

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Article 19 - Mediation and Dispute Resolution

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In case of dispute, the Customer will address in priority to the Coach of the company MIND'LYNE Professional Life Coaching to find an amicable solution.

For any dispute that could not be settled amicably, the Customer has the possibility to have recourse to a consumer mediator.

In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, the seller proposes a consumer mediation system. The mediation entity chosen is: CNPM - MEDIATION DE LA CONSOMMATION.

In case of dispute, you can file your claim on its site: https://cnpm-mediation-consommation.eu or by mail by writing to CNPM - MEDIATION - CONSOMMATION - 27 avenue de la libération - 42400 Saint-Chamond.

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Article 20 - Applicable Law

 

The present general conditions are subject to the application of French law. The competent court is the judicial court.

It is so for the rules of substance as for the rules of form. In case of dispute or claim, the buyer will address in priority to the seller to obtain an amicable solution.

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Article 21 - Protection of personal data

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Data collected

The personal data that are collected on this site are the following:

- Creation of contract: during the creation of the contract with the buyer, his name; first name; e-mail address; postal address; date of birth.

- Connection: when the user connects to the website, it records, in particular, his name, first name, connection data, use, location and payment data;

- Profile: when using the services provided on the website, a profile is created, which may include an e-mail address and a telephone number;

- Payment: when paying for the products and services offered on the website, the website records financial data relating to the user's bank account or credit card;

- Communication: when the website is used to communicate with other members, data concerning the user's communications is temporarily stored;

- Cookies: Cookies are used as part of the use of the website. The user has the possibility to deactivate the cookies from the settings of his browser.

Use of personal data

The personal data collected from users is used to provide and improve the website services and to maintain a secure environment. Specifically, the uses are as follows:

- Access and use of the website by the user;

- Management of the operation and optimization of the website;

- Organization of the conditions of use of the Payment Services;

- Verification, identification and authentication of the data transmitted by the user;

- Providing the User with the possibility of communicating with other users of the Website;

- Implementation of user assistance;

- Personalization of services by displaying advertisements according to the user's browsing history and preferences;

- Prevention and detection of fraud, malicious software and management of security incidents;

- Management of possible disputes with users;

- Sending commercial and advertising information, according to the user's preferences.

Sharing personal data with third parties

Personal data may be shared with third-party companies in the following cases:

- When the user uses the payment services, for the implementation of these services, the website is in relation with third party banking and financial companies with which it has contracts;

- When the user publishes publicly accessible information in the free comment areas of the website;

- When the user allows a third party's website to access his/her data;

- When the website uses service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data in order to perform these services and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;

- If required by law, the website may carry out the transmission of data to follow up on claims made against the website and to comply with administrative and judicial proceedings;

- If the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share some or all of its assets, including personal data. In such a case, users will be notified before any personal data is transferred to a third party.

Security and privacy

The website implements organizational, technical, software and physical digital security measures to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information over the internet.

Implementation of user rights

As stipulated in the regulations applicable to personal data, users have the following rights, which can be exercised by sending a request to the following address: mindlyne.lifecoaching@gmail.com

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- The right of access: They can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy.

- The right of rectification: If the personal data held by the website are inaccurate, they can request the update of the information.

- The right to delete data: Users may request the deletion of their personal data in accordance with applicable data protection laws.

- The right to limitation of processing: Users may request the website to limit the processing of personal data in accordance with the assumptions set forth in the GDPR.

- The right to object to data processing: Users may object to the processing of their data in accordance with the assumptions provided for by the RGPD.

- The right to portability: They can request that the website gives them the personal data provided to it in order to transmit them to a new website.

Evolution of this clause

The website reserves the right to make any changes to this privacy policy at any time. If a change is made to this data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by e-mail at least 21 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he/she has the option of deleting his/her account.

Mise à jour le 03 mars 2023