Terms

of

Service

GENERAL CONDITIONS OF SALE OF YOGASITA

General conditions updated on February 16, 2021

“YOGASITA” is a simplified share company (SAS) registered with the RCS of Paris under number 892937087, with a share capital of 3530 euros and whose head office is located at 10 rue de Penthièvre in Paris (75008).

Phone. : 06 61 10 69 60

Email: contact@yogasita.us

Web: yogasita.us

SUMMARY

TITLE I – PRIOR INFORMATION

ARTICLE 1 – THE PARTIES TO THIS ACT

ARTICLE 2 – DEFINITIONS

ARTICLE 3 – CONSENT AND CAPACITY OF THE CUSTOMER

TITLE II – YOGASITA SERVICES

ARTICLE 4 – DESCRIPTION OF SERVICES

ARTICLE 5 – COURSE OF LESSONS

ARTICLE 6 – RENTAL OF ROOMS IN A PARTNER STUDIO

ARTICLE 7 – PROCEDURE FOR ORDERING

ARTICLE 8 – PRICES

ARTICLE 9 – TERMS OF PAYMENT

TITLE III – LEGAL CONDITIONS RELATING TO ALL SERVICES

ARTICLE 10 – RIGHT OF WITHDRAWAL

ARTICLE 11 – RESPONSIBILITIES

ARTICLE 12 – INTELLECTUAL PROPERTY

ARTICLE 13 – PERSONAL DATA AND PROTECTION OF PRIVACY

ARTICLE 14 – ARCHIVING

ARTICLE 15 – FORCE MAJEURE

ARTICLE 16 – INTEGRALITY OF THE GTCS

ARTICLE 17 – NULLITY

ARTICLE 18 – WAIVER

ARTICLE 19 – APPLICABLE LAW AND CONTRACT LANGUAGE

ARTICLE 20 – JURISDICTIONAL CLAUSE

ARTICLE 21 – ELECTION OF DOMICILE

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TITLE I – PRIOR INFORMATION

ARTICLE 1 – THE PARTIES TO THIS ACT

These General Conditions apply exclusively between,

Yogasita, a simplified action company (SAS), registered in the Paris Trade and Companies Register under number 892 937 087 with its registered office at 10, rue de Penthièvre in PARIS (75008), and carrying out its activity under the ‘teaches “Yogasita”.

Represented by its legal representatives, Mr. David ISSALY as Chief Executive Officer & Mr. Jérôme TAVERNIER as Chairman.

Hereinafter “We” or “Yogasita”

AND

Any person, natural or legal, signing an Order with the Yogasita Company to be put in contact with Yoga teachers and purchasing the Services offered on the Yogasita Company website.

Hereinafter “You”, “the Buyer” or “the Customer”

Hereinafter the aforementioned persons are collectively referred to as the “Parties” or, individually, the “Party”.

ARTICLE 2 – DEFINITIONS

Client means the persons, natural or legal, signing a contract with the Yogasita Company to be put in contact with Yoga Teachers;
GTC or General Terms and Conditions of Sale means these general terms and conditions of sale or “GTC” including ordering terms, reservation and payment terms and conditions for canceling orders for Services;
Order means any estimate relating to the Services and signed by the Customer, accompanied by payment of the management fees provided for in the estimate. An Order may group together all the possible Services offered by the Yogasita Company and thus include private lessons;
Teacher means the person working in collaboration with the Yogasita Company for representations for private and professional events;
Quote means the document sent by the Yogasita Company at the time of placing an Order detailing the desired Service as well as the Price of the Service;
Personal Data means any type of data entrusted to the Yogasita Company or the Teacher by the Client for the performance of the Service, and allowing the direct or indirect identification of a natural person (the “Concerned Person”);
Management fees means the amount paid to the Yogasita Company for putting in contact with partner teachers or for setting up a show;
Premises means the place concerned by the Services provided, to the exclusion of any other and may be the home of the Customer or a partner Studio;
Service (s) or Mission (s) means the services to which the Yogasita Company undertakes with its Teachers under the terms of the Quotes sent to Customers;
Price means the amount of the Service desired by a Client;
Partner Teacher means yoga professionals, self-employed, having signed a partnership contract with the Yogasita Company and providing Services for the Yogasita Company to Customers;
Website designates the website of the Yogasita Company: “yogasita.us” which presents the various offers of Yogasita Services;
Partner studio means studios, gymnasiums and other establishments having agreements with the Yogasita company and offering the possibility to the Customers of the Yogasta company to rent their premises at preferential rates;
Third party means any entity, legal or natural person, external to the company Yogasita and under which the latter does not assume any guarantee, liability or representation.
ARTICLE 3 – CONSENT AND CAPACITY

CLIENT

3.1 – Simple browsing on the Website is open to all without condition, while the placing of Orders for a yoga class or any other Yogasita Company Services, such as the staging of a show, assumes your acceptance. prior to these GTC.

The applicable T & Cs are those in force on the Site “https://yogasita.us/terms-of-service/” on the date of your Order. In the event of modification of the General Conditions of Sale, the previous version remains available for consultation using a hypertext link provided for this purpose.

You acknowledge that you have fully understood these T & Cs.

The Customer also acknowledges having the capacity required to contract and acquire the Services offered by the company Yogasita and thus be able to place an Order.

3.2 – You confirm your consent by checking the box preceding the following text on your Quote: “I acknowledge having read and understood the GTC and I accept them”.

With regard to the Order of a Service, you are presumed to have accepted these T & Cs but, in addition, you will also be expressly requested to validate your consent before proceeding with each payment to the company Yogasita.

The validation of these T & Cs can also be done by giving your “Voucher for agreement and acceptance of T & Cs” by return email.

3.3 – Your consent expressed in this way has the same value as a handwritten signature. Consequently, you acknowledge that you are fully aware of the fact that your agreement relating to these General Conditions of Sale does not require a handwritten signature.

3.4 – By accepting these T & Cs, you acknowledge having received the following information in a clear and understandable manner:

the essential characteristics of the Service concerned;
the price of the Service or the method of calculating the Price and, if applicable, all additional transport or delivery costs and all other possible costs;
the date or timeframe on which the Yogasita Company undertakes to perform the Service, regardless of its price, and any other contractual condition;
information relating to the identity of the Yogasita Company, its postal, telephone and electronic contact details, and its activities;
the methods provided for handling complaints;
the duration of the contract, when concluded for a fixed term, or the conditions for its termination in the event of an indefinite contract;
with regard to digital content any relevant interoperability of such content with certain hardware or software of which the trader is or should reasonably be aware.
The company Yogasita also provides the Customer with the following information:

legal status and form, contact details allowing rapid contact and direct communication with him;
where applicable, the registration number in the trade and companies register or in the trades directory;
for activities subject to an authorization regime, the name and address of the issuing authority;
for the provider who is a member of a regulated profession, his professional title, the EU Member State in which it was granted and the name of the order or professional body with which he is registered;
any financial guarantee or professional liability insurance taken out by him, the contact details of the insurer or guarantor as well as the geographical coverage of the contract or commitment.
TITLE II – Content of the services of the company Yogasita

ARTICLE 4 – Description of the Services

The Yogasita Company offers different types of Services to its Customers, namely

yoga and pilates classes, whatever the desired style, individual or group, at home or in the classroom;
animated yoga classes for stag and hen parties
yoga entertainment services for events (birthdays, weddings, team-building, works councils, etc.)
The Services are carried out either directly by the Yogasita Company, or by a partner Professor.

ARTICLE 5 – Course of the Courts

The entire range of Yogasita Company Services can be found on the Website at the address: “https://yogasita.us/our-services/”.

The Yogasita Company only offers yoga classes of 1h30, 2h or 3h (except exceptional services or request for intensive courses over a short period).

In the event of difficulties with the Partner Teacher, that is to say in the event of cancellation on his part or for any other reason, the Yogasita Company undertakes to immediately find a new Partner Teacher for the Client, provided that the Client informs the Yogasita Company by phone at 06.03.89.60.14 or by email at “contact@yogasita.us”, also indicated on the Website, at least 7 days before the next class.

ARTICLE 6 – Rental of

partner studio rooms

The Services are carried out at the Customer’s choice either at the latter’s home or in a partner Studio.

It is specified that the Yogasita Company reserves the right to refuse an Order in the event that none of its partner Professors covers the geographical area concerned.

For all classes taking place in one of our partner Studios, the Client must pay the room rental in advance at the studio (when booking the room) or at the studio on the day of the service (depending on the conditions of the partner studio).

The Client must arrive fifteen (15) minutes before the start time of the course.

The start time for the performance of the Service will not be postponed in the event of the Customer’s delay, whatever the cause.

Room reservations cannot be canceled, regardless of the notice period. The amount of the rental of the room will be due.

The course will be done in socks or barefoot; otherwise, provide shoes that are “clean” or not worn outside.

Customers must respect the internal regulations of the partner Studio indicated therein, under penalty of expulsion from the course without refund.

The affairs of the Customers remain under their entire responsibility and the responsibility of the Company Yogasita or the rented studio can not be engaged in the event of loss, deterioration or theft.

ARTICLE 7 – Method of making Orders

A Customer places an Order with the Yogasita Company by telephone on 06.03.89.60.14.

An operator can be contacted every day, Monday to Sunday, 9 a.m. to 8:30 p.m.

The Customer chooses his formula by telephone with the operator of the Yogasita Company who will send him a Quote within 24 hours after the end of the telephone conversation, accompanied by these T & Cs.

Quotes sent by the Yogasita Company have a general validity period of five (5) or eight (8) days. The date is indicated on the estimate according to the project.

Any Order will be considered final in the event of payment of the management fees provided for in the Estimate.

Any Order received by the Yogasita Company is deemed to be firm and final. It entails full and complete adhesion and acceptance of the GTCS and obliges the Customer to pay for the Services ordered.

The Customer has a right of withdrawal stipulated in Article 10 of these GTC.

ARTICLE 8 – PRICES

8.1 – Price display

The Prices of the Services can be viewed from the page: “https://yogasita.us/our-services/”.

The Services are provided at the current prices appearing on the Website or, if they are more advantageous, correspond to the price indicated on the Quotation established to the Customer.

The prices are expressed in Euros (€) and specified for each Service at the hourly rate excluding taxes (HT) or All Taxes included (TTC).

They can be modified at any time by the Yogasita Company.

When the prices are displayed including VAT, they take into account the VAT applicable on the day of the Order.

8.2 – Price changes

The Yogasita Company reserves the right to modify its prices at any time, while guaranteeing to the Customer the application of the price in force on the day of the Order.

Any change in the applicable VAT rate may be reflected in the Prices. Prices cannot be changed once the Customer’s Order has been placed. Likewise, if one or more taxes or contributions were to be created or modified, up or down, this change may be reflected in the price of the Service offered on the Site.

In the event of a promotional offer, the Yogasita Company undertakes to apply the promotional price to any Order placed during the promotion period.

ARTICLE 9 – TERMS OF PAYMENT

9.1 – Rules

9.1.1 – After validation of an Order, the Customer is immediately invited to settle the management fees with the Company Yogasita.

The Price is payable in several installments or in full depending on whether it is a private lessons package or an event service under the conditions referred to in the Quote or, failing that, under the conditions provided for in these General Conditions.

The management fees provided for in the Estimate are paid to the Yogasita Company with the return of the estimate to validate the Service by bank transfer.

For the services of events and shows, the entire Price is to be paid upstream by bank transfer to the bank account of the Yogasita Company appearing on the Quote.

In any case, the Yogasita Company or its agents undertake not to keep information relating to means of payment unless you have expressly expressed a contrary wish.

The Client can spread his payment at the end of each course or Service, according to the terms established by the Partner Professor (cash, checks or transfers made at least seventy-two hours (72 hours) before the course).

The Yogasita Society relieves itself of all

responsibilities during the Client / Teacher partner payment.

Notwithstanding the foregoing, the full price of the Services must be paid at the latest at the end of the last course taken by the Customer in the context of his Order.

9.2 – Delay and lack of payment

9.2.1 – Any payment incident is liable to late interest.

9.2.2 – With regard to Professional Customers, any amount not paid by the due date appearing on the invoice results in the application of the penalties below without a reminder being necessary.

With regard to individual Customers, any sum not paid on the due date appearing on the invoice, entails the application of the penalties below within seven (7) days from a notification sent to the Customer by way of ’email or by any other authentic notification means.

9.2.3 – The amount of penalties results from the application to the sums remaining due of a legal interest rate in force at the time of the incident as well as a lump sum compensation for recovery costs due to the creditor in the event of late payment of forty euros (40 €).

No refund is possible once the contact details of the Partner Teacher have been sent to the Client by the company Yogasita.
For event and show services, no refund is possible from the moment the date has been fixed and the cancellation is not due to the company Yogasita.
In this case, the Yogasita Company Service is deemed to have been fully completed under the terms of Article L221-28 of the Consumer Code and the deposit remains due to the Yogasita Company.

No refund is possible in the event of cancellation or non-performance of the Service due to the Customer who cancels it less than five (5) days before the date of the course concerned.
In this case, the amount of the course concerned will remain due by the Client and must be paid to the Partner Professor on the earliest of the following dates, namely fifteen (15) days from the date of the course not being held or the next Classes.

In addition, the Yogasita Company reserves the right, in the event of non-compliance with the payment conditions appearing above or in the Quote, to suspend or cancel reservations made by the Customer and to deny him access to the course, without prejudice to any other course of action.

9.2.4 – In the event of persistent unpaid bills, the Yogasita Company reserves the right to terminate or resolve the Order placed at the fault of the defaulting party, without excluding any damage and interest that may be claimed as a result.

9.2.5 – The aforementioned penalties must be paid by the Customer by credit card or check, in accordance with the terms specified in article 9 of the GTC entitled “TERMS OF PAYMENT”.

9.2.6 – In all cases, the Yogasita Company reserves the right to appeal to collection companies.

9.3 – Billing

When the Yogasita Company sends a Quote to the Client, it is equivalent to an invoice as soon as the payment is received by the Yogasita Company.

TITLE III – LEGAL CONDITIONS RELATING TO ALL ORDERS

ARTICLE 10 – RIGHT OF WITHDRAWAL

10.1 – The legal principles of the right of withdrawal

In accordance with the legislation in force as regards distance selling, the Customer having the quality of consumer has a period of fourteen (14) days to exercise his right of withdrawal without having to justify reasons nor to pay penalties, to the exception, where applicable, of return costs.
The period mentioned in the first paragraph of this Article starts from:

the conclusion of the contract for the provision of services or the supply of digital content;
receipt for the goods delivered;
receipt of goods for mixed contracts (i.e. having as their object both the provision of services and the delivery of goods).
When the fourteen-day period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day.

When the right of withdrawal is exercised, the company Yogasita is required to reimburse the Customer for all the sums paid, as soon as possible and at the latest within fourteen days following the date on which this right was exercised.

Beyond that, the amount due is, as of right, productive of interest at the legal rate in force. This repayment is made by any means of payment. On the proposal of the company Yogasita, the Customer who has exercised his right of withdrawal may however opt for another method of reimbursement.

10.2 – Exclusions from the right of withdrawal

In application of article L221-28 of the Consumer Code in French law, resulting from Directive 2011/83 / EU of the European Parliament and of the Council of October 25, 2011 on consumer rights, amending Directive 93/13 / Council EEC and Directive 1999/44 / EC of the European Parliament and of the Council and repealing Directive 85/577 / EEC

of the Council and Directive 97/7 / EC of the European Parliament and of the Council, the right of withdrawal does not apply, inter alia, in the following cases:

Between professionals;
For contracts for the provision of services, the performance of which has been fully executed before the end of the fourteen-day period and has begun with the prior express consent of the Customer who has also acknowledged that he will lose his right of withdrawal once the contract will have been fully executed by the professional
For contracts for the supply of goods made to the Customer’s specifications or clearly personalized;
For contracts for the supply of sealed audio or video recordings or sealed computer software that have been unsealed after delivery;
For contracts concluded during a public auction;
For contracts for the supply of digital content not supplied on a tangible medium if the execution has started with the prior express consent of the Customer, who has also acknowledged that he will thus lose his right of withdrawal.
ARTICLE 11 – RESPONSIBILITIES

11.1 – Responsibility of the Customer

11.1.1 – You acknowledge that you are solely responsible for your Order.

By ordering the Services, the Customer certifies that he has ensured that there is no contraindication to the practice of sport and more particularly of the activities offered by the Company Yogasita, namely in particular the yoga and pilates.

11.2 – Liability and limitations of liability of the Yogasita Company

11.2.1 – The Yogasita Company performs its Services with the best efforts and in the best possible way in the performance of its services.

In all circumstances and for all stages of placing an Order and performing the Services, the Yogasita Company has only an obligation of means.

Only the effective contact with the partner teacher as well as the delivery of yoga classes is subject to an obligation of result.

11.2.3 – The responsibility of the Yogasita Company could not be engaged in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable fact of a Third Party, or to a case of force majeure as defined by case law French.

11.2.4 – The company Yogasita may present on its Website services offered by Third Party business partners, identified as such. In this case, Yogasita does not offer any guarantee or assume any liability for the services performed by these Third Party partners.

11.2.5 – Except in the event of gross negligence or willful misconduct at the sole origin of the damage suffered, the Yogasita Company cannot be held responsible, in any capacity whatsoever, for indirect, material or immaterial damage of any kind whatsoever. or in relation to the performance of its services.

In any case, in the event of the Yogasita Company’s liability being brought into play, you agree that the compensation that would be charged to the Yogasita Company is limited to the price you paid when placing the Order. .

ARTICLE 12 – INTELLECTUAL PROPERTY

The content of the Website is the property of the Yogasita Company, and is protected by French and international laws relating to intellectual property.

Any partial or total reproduction of this content is strictly prohibited and may give rise to liability claims.

ARTICLE 13 – PERSONAL DATA AND PROTECTION OF PRIVACY

13.1 – Keeping of records of personal data processing activities

In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD), the Service provider is considered a “data controller” and must keep a record of the processing of Personal Data collected in the course of its activity.

More specifically, Article 30 of the GDPR provides that:

“Each controller and, where applicable, the representative of the controller shall keep a register of the processing activities carried out under their responsibility. This register contains all of the following information:

a) the name and contact details of the controller and, where applicable, of the joint controller, the representative of the controller and the data protection officer;

b) the purposes of the processing;

c) a description of the categories of data subjects and the categories of personal data;

d) the categories of recipients to whom the personal data have been or will be communicated, including recipients in third countries or international organizations;

e) where applicable, transfers of personal data to a third country or to an international organization,

including the identification of this third country or international organization and, in the case of the transfers referred to in the second subparagraph of Article 49 (1), the documents attesting to the existence of appropriate guarantees;

f) as far as possible, the time limits for the erasure of the different categories of data;

g) as far as possible, a general description of the technical and organizational security measures referred to in Article 32 (1). “

All information that Customers may have provided to Yogasita is strictly confidential. This information is necessary for the purpose of its processing, namely the provision of the Services and the management of the commercial relations maintained with the Customers.

13.2 – Information collected

The data collected partly includes personal information, that is, information allowing Customers to identify themselves socially, such as their name, email address or telephone number. This information is obligatory.

Conversely, certain other data collected is not information relating to identity such as for example navigation data relating to the software used, to the connection computer or to the internet path taken by the Customer to reach the Website. .

13.3 – The use made of Personal Data

Personal Data is used by the Yogasita Company for the management of Services, the processing of Orders, to personalize communication with Customers according to their preferences and, potentially, by sending postal and electronic mails for prospecting purposes.

The Yogasita Company undertakes not to assign, transmit or trade Personal Data in any way to Third Parties without the prior and express consent of the Customers.

On the other hand, if the Customers agree, the Yogasita Company may transmit to Third Parties or to Teachers certain Data, including personal, for commercial reasons, to fight against fraud but also, at any time, on the order of the authorities. legal.

13.4 – “Cookies”

The Customer is informed that during his visits to the website of the Yogasita Company, a Cookie may be automatically installed on his browser software.

A “Cookie” is a connection cookie which designates a file that may be saved, subject to your choices, on your computer or any other terminal, when you visit the Yogasita Company website. A Cookie file allows the Yogasita company to identify the computer in which it is stored and the Customer’s preferences.

When consulting the Yogasita Company Website, information relating to the navigation of the Client’s computer or any other terminal may be saved in “Cookies” files and installed, subject to the choices you have made. and which you can modify at any time in your browser.

The purpose of these “Cookies” is, for the Yogasita Company, to establish statistics, to adapt the Website according to the preferences of the Customers and to provide an experience and documents that best meet the needs of the Customers.

 

Cookies do not contain personal information and cannot be used to identify anyone. A Cookie contains a unique identifier, generated randomly and is thus anonymous. Some Cookies expire at the end of the Customer’s visit, others remain.

The Customer must, however, give his consent to the use of certain cookies.

In the absence of acceptance, the Customer is informed that certain features of the site may be refused.

The Customer may deactivate these cookies through the settings appearing in his browser software.

13.5 – Customer rights

13.5.1 – In accordance with the GDPR, each Customer has the right to access, oppose, rectify, delete and limit the processing of information concerning him.

To do this, you should send the corresponding request, indicating their name and email address, to the Personal Data processing manager at the following contact details:

By email at the following address: contact@yogasita.us;
Once the Client’s request has been executed by the Yogasita Company, the latter informs the Client by sending an email containing the Client’s initial request and proof that it has carried out the required operations.

13.5.2 – In the event of a request for deletion of Data, it is however specified that the latter may be kept in the archives to meet legal obligations in terms of proof and security.

ARTICLE 14 – ARCHIVING

An archiving of communications between Customers and the Yogasita Company is set up, respecting the guidelines.

legal aid, so as to allow their access in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the freedom circulation of these data.

ARTICLE 15 – FORCE MAJEURE

The responsibility of the Client or the Yogasita Company cannot be sought if the performance of contractual obligations is delayed or prevented due to a case of force majeure or a fortuitous event or external causes such as labor disputes, intervention civil or military authorities, natural disasters, fires, water damage, interruption of the telecommunications network or the electricity network, administrative decisions.

ARTICLE 16 – INTEGRALITY OF THE GTCS

The Parties acknowledge that these General Conditions of Sale constitute, with the Order, the entire agreement between them and replace any offer, provision or prior agreement, written or oral.

ARTICLE 17 – NULLITY

If any of the stipulations of these T & Cs turn out to be void with regard to a rule of law in force or a court decision that has become final, it would then be deemed unwritten, without thereby rendering the T & Cs null or alter the validity of its other provisions.

ARTICLE 18 – WAIVER

The fact that one or the other of the Parties does not claim the application of any clause of the General Conditions of Sale or acquiesces in its non-performance, whether permanently or temporarily, cannot be interpreted as a waiver. by that Party to the rights which derive for it from the said clause.

ARTICLE 19 – APPLICABLE LAW AND CONTRACT LANGUAGE

By express agreement between the Parties, this Contract is subject to French law, to the exclusion of any other legislation.

It is written in French. In the event that it is translated into one or more languages, only the French text will prevail in the event of a dispute.

ARTICLE 20 – JURISDICTIONAL CLAUSE

For any dispute arising from the execution of this Contract, the most diligent Party must necessarily refer to the competent courts, falling within the jurisdiction of the Court of Appeal of Paris.

ARTICLE 21 – ELECTION OF DOMICILE

For the execution of these presents as well as their consequences, the Parties respectively elect domicile at their registered offices or addresses indicated at the beginning of these presents.

Any change in the registered office or address of one of the Parties will not be effective against the other Party until three calendar days after having been duly notified to it.

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