These Terms and Conditions of Sale (hereinafter the "T&Cs") are offered by TRESORNET LLC, whose registered office is located at 7601 E Treasure Dr, 33141 North bay village (hereinafter "TRESORNET"). THE SELLER ").
THE SELLER offers, through its website https://julienquaglierini.com/ (hereinafter the " Website "), Online Coaching, Sports Programs and Apparel (hereinafter the " Products and services " ).
Each customer acknowledges that he/she has read and understood the present GTCV and all the information necessary for the execution of the present, prior to placing an order and before concluding a contract with TRESORNET LLC.
1.APPLICATION AND ENFORCEABILITY OF THE CGUV
The present CGUV apply to any use of the Site as well as to any order of Products and services by any customer, natural person, acting for purposes that do not fall within the scope of his professional activity carried out on the Site, as from 01/01/2021.
The purpose of the present CGUV is to define the conditions of the order of the Products and services, and to determine the respective rights and obligations of each of the parties within the framework of the supply of the Products and services.
Unless otherwise agreed in writing by the parties, these CGUV take precedence over any contrary clauses from previously drafted general conditions, and thus apply to the exclusion of any other agreement.
The present GCUV must be considered as an integral and essential part of the contract concluded between THE SELLER and each of its Customers.
These CGUV are systematically notified to the Customer when he orders on the Site. Each Customer must necessarily take cognizance of them and accept them in order to validate his order on the Site. This acceptance consists in ticking the box corresponding to the sentence of acceptance of these CGUV, such as, for example, " I acknowledge having read and accepted all the general terms and conditions of sale published on the Site ". Checking this box will be deemed to have the same value as a handwritten signature by the Customer.
THE SELLER invites each Customer to read carefully these GCUV, to print them and/or save them on any durable medium, before proceeding with the order of any Product or service on its Site.
2.ACCESS AND AVAILABILITY OF THE SITE
THE SELLER offers free access to its Site, the Customer remaining in any case responsible for his computer equipment and his connection to the Internet, whose costs are at his expense.
The access to the Site can be done :
- from a computer or equivalent terminal with access to one or more telecommunications networks allowing access to the Internet and Internet browsing software (such as Internet Explorer, Mozilla Firefox, etc.);
- a telephone terminal with access to a telecommunications network allowing access to the Internet (3G, 4G, Edge, wifi etc.).
THE SELLER shall make its best efforts to make the Site permanently accessible, subject to the maintenance operations necessary for the proper functioning of the Site or the servers on which it is hosted. In case of interruption for maintenance, THE SELLER shall not be held responsible for the possible impact of this unavailability on the Client's activities.
The Customer is aware of the technical hazards inherent in the Internet and the interruptions in access that may result. Consequently, THE SELLER cannot be held responsible for any unavailability or slowdown of the Site.
The Customer is informed that the SELLER's servers are hosted by the company Infomaniak - Rue Eugène-Marziano 25, 1227 Geneva, Switzerland.
Any breach by the Customer of the obligations incumbent upon him under the present CGUV may result in the suspension or prohibition of the Customer's access to the Site.
3.TERMS AND CONDITIONS OF THE CONTRACT
Orders for products or services are placed via the Site. Although it is possible to create a personal user account, this is not a mandatory condition for ordering. The creation of an account requires essential information such as first and last name, address and email address. This account provides a personalized interface for managing profile and orders, but incorrect information may lead to problems in placing, tracking or receiving orders.
The customer selects the products or services of his choice on the Site. We endeavour to present visuals and descriptions that are as accurate as possible, but as these are not contractual, the Vendor cannot be held responsible for their inaccuracy.
The Customer must provide accurate information to validate his order. The customer is responsible for the accuracy of this information. Modifications, corrections, additions or cancellation of the order are possible until final validation of the order, before payment.
For ebooks, no refund or exchange is possible once the order has been placed, as it is considered firm and definitive. The right of withdrawal does not apply to ebooks, as they cannot be returned once downloaded.
For coaching and diet services, in the event of cancellation by email within 7 days of the order, a refund may be made, less bank charges. Refunds are only possible if coaching has not yet begun. Fees depend on the amount of the service and will be communicated to the customer by email. If the customer does not submit the questionnaire within a reasonable period of 3 months (unless otherwise agreed by email from Julien Quaglierini), no request for reimbursement will be accepted. In addition, after a period of several months without submission of the questionnaire, the seller reserves the right not to be bound to honor the service ordered.
4.PRICES AND PAYMENT TERMS
Access to the Site and to the presentation of the Products and services is free for the Customer. Only the order of one or more Products and services will be subject to payment by the latter.
The prices of the Products and services are mentioned on the Site in euros and exclusive of tax. The applicable prices are those valid on the day of the order on the Site by the Customer. The prices of the Products supplied may vary according to the place of delivery, as the prices of Products for destinations outside the European Union are not subject to VAT.
The prices of the Products and services and any additional costs associated with the order are indicated in a clear and comprehensible manner on the order summary. Before placing the order, the Customer must confirm this summary.
4.2 Terms of payment
Prices will be invoiced on the basis of the rates in force at the time of the order. An invoice summarizing all the Products and services ordered by the Customer as well as their respective costs will be systematically sent to the latter.
The Customer will pay the price directly on the Site, and imperatively before any realization by THE SELLER, and this, in accordance with the process provided for this purpose.
THE SELLER uses a secure third party payment system Stripe, Paypal provided by Stripe, Paypal
Payment by the Customer is a prerequisite for the validation of his order.
Failure to pay by the due date will automatically, without prior notice and by right, lead to the suspension or invalidation of the Customer's order, without prejudice to any other course of action
The delivery costs for the clothes related to his order are indicated to the Customer before any payment of his order.
Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, THE SELLER undertakes in all cases to deliver the Products within a maximum of thirty (30) days after the conclusion of the contract.
The Customer may refuse a package at the time of delivery if he/she notices an anomaly concerning the delivery (broken or damaged products, etc.).
If the Customer's package is returned by the Post Office or other postal service providers, THE SELLER will contact the Customer upon receipt of the returned package to ask him/her what to do with his/her order. If the Customer has mistakenly refused the parcel, he may request the return of the parcel by first paying the postal charges for the new shipment. The postal charges must be paid even for orders for which the shipping costs were offered at the time of the order.
6.RIGHT OF WITHDRAWAL
The Customer acknowledges having read these GTC prior to the sale.
In particular, Services starting immediately after purchase and fully executed do not allow the Customer to benefit from the right of withdrawal. The right of withdrawal cannot be exercised in the case of the supply of digital content since it is not physically supplied and therefore cannot be returned to the seller.
In other words, as stated above, regarding the purchase of digital books, no refunds will be allowed or exchanges will be offered because an order of digital book is deemed firm and final and can not be returned. It is up to the customer to take all the necessary information on the page of the ebook in question and to contact before the purchase for more information on the digital book. The right of withdrawal is not valid on a digital book because the return of the book can not be done once it has been downloaded.
Concerning the coaching, the client has access to a private platform on which there are modules, online courses and a questionnaire to fill out so that the seller can build his diet and training as tailored as possible. As soon as the access has been given, he has benefited from a training and an exclusive content in order to progress in his objective and thus has started his coaching. If he decides to withdraw, his coaching cannot be refunded. It should be noted that when he logs on the platform, the seller can see and justify the modules that have been visited and the courses taken.
The guarantee of conformity can be exercised if a defect should exist on the day of taking possession of the Product.
Each party shall be liable for any consequences resulting from its faults, errors or omissions and causing direct damage to the other party.
8.1 Customer's responsibility
The Customer is solely responsible for the quality, precision, relevance and accuracy of the information he provides on the Site for the purposes of his order. The SELLER shall not be held liable in this respect.
The Customer shall thus be solely liable to the SELLER and, where applicable, to third parties, for any damage, direct or indirect, of any nature whatsoever, caused by any information or any other publication communicated, transmitted or disseminated in connection with the present contract, as well as for any breach on its part of these contractual stipulations.
The Customer is, moreover, solely responsible for the choice of the Products and services he/she has ordered through the Site.
All Customers undertake not to use the Site in contravention of all laws, rules and regulations in force.
THE SELLER shall take all appropriate measures to ensure that the Customer is provided with quality Products and services under optimal conditions. It assumes full responsibility for the Products and services it offers and sells to Customers through the Site and will deal solely with potential complaints relating to the said Products and services.
THE SELLER ensures the proper functioning of the Site but cannot guarantee that it is free of anomalies or errors and that it functions without interruption.
THE SELLER shall not be held responsible for the non-functioning, impossibility of access or malfunctioning of the services of the Client's access provider or of the Internet network.
The Site, as well as the databases, texts, documents, information, images, photographs, graphics, logos, or any other data, remain the exclusive property of the SELLER or, where applicable, of their respective owners from whom THE SELLER has obtained the authorizations for exploitation.
THE SELLER remains the owner of all intellectual property rights relating to its registered trademark, as well as all intellectual property rights and copyrights relating to any other distinctive sign belonging to it.
Any reproduction and/or representation, downloading, translation, adaptation, exploitation, distribution, dissemination and/or communication, in any form whatsoever, whether commercial or not, of all or part of the brand and/or of an original or given intellectual work contained on the Site is formally prohibited. The Customer shall also refrain from any action and any act likely to directly or indirectly infringe the intellectual property rights of the SELLER.
10.PROTECTION OF PERSONAL DATA
The Customer is informed that the creation of his personal account on the Site as well as his order of Products and services on the Site gives rise to the collection and automated processing of personal data concerning him by THE SELLER, the use of which is subject to the provisions of Law No. 78-17 of January 6, 1978 relating to Computers, Files and Freedoms, as amended by Law No. 2016-1321 of 7 October 2016 and the European Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter the "RGPD").
THE SELLER provides the Customer, on its Site, with a confidentiality charter specifying all the information relating to the use of the Customer's personal data collected by THE SELLER and the rights that the Customer has with regard to this personal data.
THE SELLER uses "cookies" in order to obtain statistical data and to improve the Customer's browsing experience.
THE SELLER implants a "cookie" in the Customer's computer with his prior consent. The Customer has the option of refusing cookies when visiting the Site. This information is stored in the Customer's computer for 13 months.
THE SELLER undertakes never to communicate the content of these "cookies" to third parties, except in the event of legal requisition.
The Customer may also oppose the recording of "cookies" by configuring his browser software. To do so, the Customer shall proceed with the configuration of his browser:
- For Internet Explorer : http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
- For Safari : https://support.apple.com/fr-fr/ht1677
- For Google Chrome : https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
- For Firefox : https://support.mozilla.org/fr/kb/activer-desactiver-cookies
The Site may include hypertext links to other sites.
THE SELLER cannot, under any circumstances, be held responsible for the technical availability of websites or mobile applications operated by third parties to which the Customer may have access via the Site. In addition, THE SELLER cannot be held responsible for the content, advertising, products and services available on or from these websites, mobile applications or external sources.
If, despite the SELLER's efforts, one of the hypertext links present on the Site points to a site or an Internet source whose content does not comply with the requirements of French law or does not appear to do so to a Customer, the latter undertakes to immediately contact the Site's publication director, whose contact details are given in the legal notices published on the Site, in order to communicate the address of the pages of the third-party site in question. THE SELLER will then take the necessary steps to remove the hypertext link concerned.
13. customer service
The customer service of this Site is accessible by e-mail at the following address: firstname.lastname@example.org or by post at the address indicated in the legal notice.
All rights reserved - January 01, 2021