Apologies for the oversight. Here’s the translation including Article 7:

GENERAL TERMS AND CONDITIONS OF SERVICE

Last updated March 8 2024

Entrepreneur Estelle CHASSANIOL is a sole proprietorship under Austrian law, identified with registration number [registration number], and with its registered office at Graz, Austria (“The Provider”).

The Provider can be contacted at the following address:

Graz – Austria Tel: +33643951640 or +4367762270584 Email: chassaniol.estelle@gmail.com

Article 1 – SCOPE OF APPLICATION

These general terms and conditions of service (“General Conditions”) apply to the following services (“Services”) offered by the Provider to any consumer and non-professional wishing to benefit from them (“the Client”):

• Online or in-person yoga classes
• Guided meditation circles, sound journeys, sound relaxation online
• Speaking circles

The main characteristics of the Services are detailed in Annex 1 hereto.

Any order of Services implies the prior and unreserved acceptance of these General Conditions by the Client, who declares to have read them.

The General Conditions prevail over any contrary condition that may appear on the order form or any specific conditions possibly agreed between the Provider and the Client.

1.1 Scope of the proposed services

The Provider reserves the right to refuse any service that does not fall within the framework of the training received and validated by certifications or training certificates, which are available upon request from the client.

The techniques offered have no medical purpose and do not replace medical treatments. They are considered complementary and do not substitute for medical advice. The Provider respects professional ethics, confidentiality, and privacy. The Provider may, if necessary, interrupt a session at any time if the client’s health requires it or based on determined contraindications.

Article 2 – ORDERS AND APPOINTMENTS

Any advance payment made by the Client will accrue interest at the legal rate three months after payment until the Services are performed, without prejudice to the Provider’s obligation to provide said Services.

2.1 Orders and quotes

A detailed quote, drawn up for an order, is valid for thirty (30) days from its creation date.

The order is considered final upon signing of the quote by the Client, which then constitutes a purchase order.

The purchase order and the nature of the Services cannot be modified without the prior written agreement of the Provider.

In case of cancellation by the Client of a confirmed order before its realization, the deposit paid remains the property of the Provider without refund.

In case of cancellation by the Provider of a confirmed order or an appointment, the deposit paid by the Client will be refunded.

2.2 Appointments

In case of cancellation by the Client of a confirmed appointment, the deposit paid remains the property of the Provider without refund.

In case of cancellation by the Provider of a confirmed appointment, the deposit paid by the Client will be refunded.

Article 3 – PRICING TERMS

Services are invoiced at the Provider’s rate in force on the day of signing the purchase order, expressed in euros and excluding VAT in accordance with Article 293B of the General Tax Code.

Additional costs (travel, delivery, accommodation, etc.) will be subject to additional billing according to the agreements of the parties.

The prices of the Services are listed in Annex 2 and may be changed by the Provider at any time for new contracts.

In case of promotional pricing, the Provider undertakes to apply it to any order placed during the promotional period.

Any new tax applicable to the Services will be automatically applied.

Article 4 – BILLING AND PAYMENT CONDITIONS

4.1 Orders, quotes, and appointments

Services are invoiced and payment is due in full on the day of service provision.

For annual packages, payment is due in full on the day of signing the purchase order or the quote. A monthly installment plan is available, up to a maximum of eight times.

4.2 Payment conditions

In accordance with Article L. 221-10 of the Consumer Code, payment cannot be made until seven (7) days after the conclusion of the contract, unless expressly agreed by the Client.

The following payment methods are accepted:

• Bank transfers
• Checks
• Cash

In the case of payment by check, it must be issued by a bank domiciled in Austria. The check will be cashed immediately or according to the agreed conditions.

Any unilateral suspension, deduction, or compensation of payment will be considered as a default of payment and may result in late payment penalties.

The Client is considered in default of payment by the mere exigibility of the obligation.

Article 5 – PROVISION OF SERVICES

Services are provided after payment of the price within the agreed deadlines and at the agreed place with the Client.

The Provider provides the Services with competence and diligence, in accordance with legal and regulatory provisions.

The Provider undertakes to provide the Services in good faith and to respect the agreed deadlines.

Article 6 – CLIENT’S OBLIGATIONS

The Client actively cooperates with the Provider for the proper execution of the Services.

The Client provides complete, accurate, and sincere information and makes necessary decisions within the required deadlines.

Article 7 – CLAIMS

In the event of delay or default in the Services, the Client may terminate the contract after formal notice to the Service Provider.

The Client may submit their claims within the deadlines provided for amicable settlement.

In the absence of expressed reservations, no claims will be accepted.

The Service Provider will rectify defective Services or refund the Client, if necessary.

In the event of serious non-performance by the Service Provider, the Client may terminate the contract and claim damages.

Article 8 – SERVICE PROVIDER’S LIABILITY

The Service Provider is held to an obligation of means for the provision of Services.

The liability of the Service Provider cannot be engaged:

In the event of failure to comply with any obligation resulting from an unforeseeable event, force majeure event within the meaning of Article 1218 of the Civil Code or the fault of the Client or a third party; Where the information, data, instructions, directives, communications provided by the Client are incorrect or incomplete, and more generally where the non-performance or defective performance of the Services results in whole or in part from the behavior, failure or default of the Client; In the event of the use of the results of the Services for a purpose or objective different from those for which the Service Provider intervened, erroneous implementation of the Service Provider’s recommendations, or failure to take into account reservations expressed by the Service Provider; In the event of indirect or unforeseeable damage; In the event of non-compliance with the legislation of the country in which the Services are provided, which it is the responsibility of the Client, who is solely responsible for the choice of the requested Services, to verify.

8.1 Professional liability

The Service Provider has taken out professional liability insurance with a reputable company.

It is specified that the liability of the Service Provider cannot be engaged in the event of damage related to a client’s negligence, particularly if they have not disclosed to the Service Provider the existence of contraindications affecting them, either during the initial session or subsequent appointments in case of changes to their personal health status.

8.2 Work incapacity

In the event of temporary physical incapacity due to illness or accident of the Service Provider, they reserve the right to reschedule new appointment dates in consultation with the Client without the Client being able to demand payment of compensation.

In the event of permanent physical incapacity of the Service Provider, any commitment with the Service Provider’s client will be terminated automatically without the Service Provider being required to pay any compensatory indemnity.

Any advances received will be refunded to the client within a maximum period of 8 (eight) days following notification of incapacity to the Client.

Article 9 – INTELLECTUAL PROPERTY

Unless otherwise agreed in writing by the Service Provider, the Service Provider is the exclusive owner of all intellectual property rights relating to the elements communicated to the Client as part of the provision of the Services, including but not limited to the graphic charter, title, form, layout, and structure of the information and documents communicated, texts, logos, trademarks, images and photographs, animations and videos, slogans, databases, and more generally all or part of the elements communicated.

Consequently, these General Terms and Conditions do not entail the transfer of any of these intellectual property rights to the Client, who undertakes not to reproduce, use, and/or represent, by any means whatsoever, even partially, any element on which the Service Provider holds intellectual property rights.

Article 10 – PERSONAL DATA

10.1 Nature of personal data collected

The Service Provider undertakes to collect only personal data that are adequate, relevant, and limited to what is necessary for the purposes for which they are processed. No personal data considered “sensitive,” such as racial or ethnic origin, political, philosophical, or religious opinions, shall be requested or collected from the Client.

The Client is informed that the personal data indicated as mandatory on the forms and collected as part of the service described herein are necessary for the provision of the Service. Among the Client’s personal data that the Service Provider collects from them may include:

• Their first and last name,
• City, Country, email, Telephone,
• Session tracking.

10.2 Purpose of processing personal data

Personal data may be collected and used by the Service Provider to enable the provision of the Services and may be transmitted to companies responsible for the management, execution, and processing of payment transactions.

The collected data may also be used in the context of managing commercial relationships to establish statistics, conduct market and behavioral studies, and enable the Service Provider to improve and personalize the Services.

10.3 Storage, security, and confidentiality of personal data

The personal data collected are processed and stored under conditions aimed at ensuring their security and are kept for the time strictly necessary for the achievement of the purposes set out in Article 10.2 of these General Terms and Conditions.

These data may also be retained for security and preservation purposes, in order to comply with the legal and regulatory obligations to which the Service Provider is subject.

The Service Provider undertakes to implement technical and organizational security measures to ensure the security, integrity, and confidentiality of all personal data, to prevent them from being distorted, damaged, or accessed by unauthorized third parties.

However, it is specified that no security measure is infallible, and the Service Provider cannot guarantee absolute security for the Client’s personal data.

10.4 Transfer of personal data

No transfer of personal data is made outside the European Union.

Except in cases where a third party asks the Client to accept a privacy policy and terms of use specific to them, third-party companies that have received communication of the User’s personal data undertake to process their personal data only for the implementation of the Service Provider’s Services.

The Service Provider undertakes never to share the Client’s personal data with third-party companies for marketing and/or commercial purposes without obtaining their prior consent.

However, the Service Provider may be required to disclose the Client’s personal data to administrative or judicial authorities when such disclosure is necessary for the identification, apprehension, or prosecution of any individual likely to harm the rights of the Service Provider, another client, or a third party. The Service Provider may also be legally obliged to disclose the User’s personal data and cannot oppose this in such cases.

10.5 Client’s rights over their personal data

In accordance with the General Data Protection Regulation 2016/679 of April 27, 2016 (“GDPR”), every Client has the right to access, rectify, and erase their personal data, which they can exercise directly with the Service Provider’s customer service by contacting them at the email address chassaniol.estelle@gmail.com attaching to their request a copy of an identity document.

In addition, within the limits set by law, the Client also has the right to object to processing, to limit it, to decide on the fate of their data after death, to withdraw their consent at any time, and to the portability of personal data provided.

Article 11 – DURATION – TERMINATION

In the case of occasional sales or under specific conditions, these General Terms and Conditions are concluded for the duration of the provision of the Services, as mentioned if applicable in specific conditions or in the order form.

The Service Provider or the Client may terminate these General Terms and Conditions automatically by sending a written notification:

• In case of the occurrence of a force majeure event referred to in Article 7 herein;
• After notifying the other party in the event of a serious breach by the other party of its obligations or under applicable laws and regulations, which has not been remedied within fifteen (15) days (when it can be remedied) following a written notification indicating the nature of the breach and the need to remedy it.

Article 12 – RIGHT OF WITHDRAWAL

Where applicable, when a service order has been placed by a consumer Client remotely, or outside the Service Provider’s premises within the meaning of Article L.221-1 of the Consumer Code, the Client has a withdrawal period of fourteen (14) clear days from the day of signing the order form, the computation of the period being carried out in accordance with the methods provided for in Article L.221-19 of the Consumer Code.

The Client may notify their decision to withdraw from their order using the withdrawal form appearing in Appendix 3 hereto or by a clear and unambiguous declaration to the postal or email address of the Service Provider.

The Service Provider will acknowledge receipt of the withdrawal request if it complies.

Where applicable, the reimbursement of the price paid by the Client for the Services will be made within fourteen (14) days from the day the Service Provider is informed of the Client’s decision to withdraw from their order, using the same means of payment as that used by the Client for the initial transaction. In this regard, it is specified that in the event of the Client’s express request for the provision of Services before the end of the withdrawal period, the Client must pay for the Services they have benefited from before their withdrawal, in accordance with the provisions of Article L.221-25 of the Consumer Code.

Notwithstanding the foregoing, it is specified that the right of withdrawal shall not apply to the provision of services referred to in Article L.221-28 of the Consumer Code, particularly in the case of provision of Services fully executed before the end of the withdrawal period and whose execution began after the Client’s prior agreement and waiver of their right of withdrawal.

Article 13 – NOTIFICATIONS

Any written notification or summons required or permitted under the provisions hereof shall be validly made if it is sent by letter delivered by hand or by courier against a receipt for delivery, by registered mail with acknowledgment of receipt, or by email (except in the case of termination hereof), addressed to the coordinates of the party concerned, the service provider domiciled at its registered office and the Client at their personal address.

Any change of address of a party for the purposes hereof must be notified to the other party in accordance with the above.

Notifications sent by hand or by courier shall be deemed to have been made on their date of delivery to the recipient, as evidenced by the delivery receipt. Notifications sent by registered mail with acknowledgment of receipt shall be deemed to have been made on the date of their first presentation at the recipient’s address. Notifications sent by email shall be deemed to have been made on the date of sending the email.

Article 14 – AUTONOMY AND ABSENCE OF WAIVER

If any provision of these General Terms and Conditions is declared null or unenforceable for any reason under a law, regulation, or as a result of a final court decision, it shall be deemed unwritten, and the other provisions shall remain in force.

The fact that the Service Provider does not avail itself temporarily or permanently of one or more provisions of the General Terms and Conditions shall in no way constitute a waiver.

Article 15 – MODIFICATION

The Service Provider reserves the right to modify the content of these General Terms and Conditions at any time for the provision of new Services or tariff adjustments.

Any order or appointment made following a modification to the General Terms and Conditions will constitute acceptance by each Client of the new version of the General Terms and Conditions communicated to them.

Article 16 – DISPUTES

The Client is informed that they are free to use a consumer mediator free of charge to amicably resolve any dispute with the Service Provider, in accordance with Articles L.611-1 et seq. and R.612-1 et seq. of the Consumer Code. The consumer mediation board to which the Service Provider belongs is the Austrian Arbitration Council: (“If the parties reach a mutual solution with the assistance of the arbitration board, they usually conclude an out-of-court settlement. Otherwise, you will still have legal recourse).

The competent court in Graz shall have jurisdiction over all disputes arising from the General Terms and Conditions, including their validity, interpretation, execution, termination, consequences, and aftermath.

Article 17 – APPLICABLE LAW & LANGUAGE

These General Terms and Conditions and the transactions arising therefrom are governed by and subject to Austrian law. They are drafted in the French language. In case of translation into one or more foreign languages, only the French text shall prevail in case of a dispute until the website as a correct Austrian version which will come soon.