General Terms And Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE

Date of the last update: 10 Apr. 2023

The Provider, the sole trader Claude HUWYLER, is an individual company under French law identified under the Sirene number 884 664 236 and whose head office is located at 6 RUE CAMILLE CLAUDEL – 68390 SAUSHEIM (“The Provider”).

The Provider can be reached at the following address:

• 6 RUE CAMILLE CLAUDEL – 68390 SAUSHEIM
• 0675120875
• horizon.reflexologie@gmail.com

Article 1 – SCOPE OF APPLICATION

The present general conditions of services (the “General Conditions”) apply to the following services (the “Services”) provided by the Provider to any consumer and non-professional wishing to benefit from them (the “Customer”): 

• Foot reflexology sessions
• Combined reflexology session (feet, hands, face, ears)
• Placement of suction cups
• Sale of gift vouchers (valid for six months)

The main characteristics of the Services are listed in Appendix 1 of this Agreement.

Any order of Services implies, on the part of the Customer, the prior acceptance without restriction or reserve of the General Conditions, of which the Customer declares to have taken knowledge.

The General Conditions are applicable subject to any contrary stipulation appearing in the order form or in any special conditions concluded between the Provider and the Customer concerned.

The General Conditions are without prejudice to the applicable legal provisions and in particular those provided for by the Consumer Code.

1.1 Scope of services offered

The Provider reserves the right to refuse any service that does not fall within the scope of the training it has received and validated by its certifications or certificates of face-to-face training that it holds, upon request, at the disposal of the Customer.

The different techniques proposed and practiced have no medical purpose and are not comparable to acts reserved for health professions regulated by the Public Health Code and the decree n°96-879 of October 8, 1996. They are considered as complementary and do not replace in any case the medical field reserved to the health professions. They are part of a complementary and personal approach to self-help for each person who consults.

The rules of ethics, professional secrecy and confidentiality will be respected by the Provider. The Provider may, if he/she deems it necessary, interrupt a session at any time if he/she deems that the health of the Client requires it and/or according to the contraindications he/she has determined.

Article 2 – ORDERS AND APPOINTMENTS

Any advance payment made by the Customer shall bear interest at the legal rate upon the expiration of twelve months from the date of payment until the Services are performed, without prejudice to the Provider’s obligation to provide such Services.

2.1 Orders and estimates

In the event of the establishment of a detailed estimate for an order, this one will have a duration of validity of thirty (30) days as from its date of creation.

The order shall be final upon signature of the quotation by the Customer, which shall then be deemed to be an order form.

The order form, the nature of the Services and the manner in which they are to be performed may not be modified without the prior written consent of the Provider.

In the event of cancellation by the Customer of an order confirmed prior to its execution, for any reason whatsoever, and without prejudice to any additional damages:

The deposit paid by the Customer at the time of the order shall remain the property of the Provider and shall not be refunded;
Conversely, in case of cancellation by the Provider of a confirmed order or an appointment, for any reason whatsoever, the deposit paid by the Customer at the time of the order will be refunded.

2.2 Appoitment

In the event of cancellation by the Customer of a confirmed appointment before the date set for the provision of the service, for any reason whatsoever, and without prejudice to any additional damages:

• The deposit paid by the Customer at the time of the order will remain the property of the Provider and will not be refunded;

Conversely, in case of cancellation by the Provider of a confirmed order or an appointment, for any reason whatsoever, any deposit paid by the Customer at the time of the order will be returned to the Provider.

Article 3 – PRICE CONDITIONS

The Services are provided at the Provider’s rate in force on the day of the signature of the order form, expressed in euros and without value added tax (VAT) in accordance with Article 293B of the General Tax Code.

The possible fees of file, management, reservation, intermediation, and other fees, interests and commissions are indicated on the order form, or for an appointment, as indicated on the tariff conditions in appendix 2 of the present general conditions of sale

Costs incurred in the performance of the Services will be billed to the Customer (travel expenses, shipping costs, accommodation, disbursements, etc.) as agreed by the parties and set forth in the order form, if applicable.

The prices of the Services applicable at the date hereof are set forth in Appendix 2. Any change in the price of the Services will be effective for the next contract period.

The price is firm and may not be revised during the performance of the Services, the parties expressly waiving the provisions of Article 1195 of the Civil Code. However, in the event of a specific request from the Customer during the performance of the Services, duly accepted in writing by the Service Provider, the related costs or fees may be subject to a specific additional invoice.

The Service Provider reserves the right to change its prices in its price list at any time for any Services that are subscribed to after such change.

Price reductions, discounts and rebates may be applied to the Services under the conditions set forth in the Appendix or in any other document communicated to the Customer. In the event of a promotional rate, the Service Provider agrees to apply such rate to any order placed during the promotional period.

Any change in rates resulting from the creation of any new tax on the price of the Services shall be immediately and automatically applied.

Article 4 – CONDITIONS OF INVOICING AND PAYMENT

4.1 Orders, estimates and appointments

In accordance with Article L. 221-10 of the French Consumer Code and except for the exceptions mentioned in the same article, when the order has been placed outside the Provider’s establishment within the meaning of Article L.221-1 of the French Consumer Code, the execution and payment of the Services cannot take place before the expiration of a period of seven (7) days from the conclusion of the present contract by a consumer, except if the Customer has made an express request to the contrary in accordance with the conditions set forth in Article L.221-25 of the French Consumer Code.

The following payment methods can be used:

• Cash
• Checks
• Bank transfer

In the case of payment by check, it must be issued by a bank domiciled in metropolitan France or Monaco. The check is cashed immediately, or according to the conditions agreed between the Provider and the Customer in the order form.

In case of early payment by the Customer, no discount will be applied. Under no circumstances may payments be suspended or offset without prior written agreement between the Provider and the Customer. Any suspension, deduction or set-off made unilaterally by the Customer shall be treated as a default in payment and shall entail all the consequences of late payment.

It is expressly agreed that the Customer is validly put in default of payment by the mere due date of the obligation, in accordance with the provisions of Article 1344 of the Civil Code. In the event of late payment of any of the due dates, the Service Provider reserves the right, without any compensation being due to the Customer, to :

• Require immediate payment of all sums due for the Services, which shall become immediately due and payable regardless of their initial due date;
• Refuse any new order or require for any new order a cash payment or a guarantee for the good execution of the commitments;
• To charge any partial payment first to the non-preferential part of the debt and then to the amounts that are due the earliest;
• Reduce, suspend or cancel access to the Services, eight (8) days after the Service Provider has served formal notice to the Customer without effect;
• Apply, without prior notice, to all amounts due, from the first day of delay until full payment, late payment penalties calculated at the rate referred to in Article L.441-6 of the Commercial Code;

Article 5 – TERMS OF PROVISION OF SERVICES

The Service Provider is only obliged to provide the Services ordered by the Customer in the event of partial or total payment of the price and effective collection of the latter under the conditions indicated above in Article 3.

In the absence of immediate execution of the Services, the Services shall be provided on the date or within the time period specified in the order form or on the date agreed upon by each party when making the appointment, at the location agreed upon with the Customer and previously accepted by the Provider.

The Service Provider represents that it has the necessary skills, experience and resources to provide the Services, and will assume full responsibility for the performance of the Services.

The Service Provider shall provide the Services in good faith and shall use all reasonable efforts to perform its obligations under these Terms and Conditions in a manner consistent with applicable laws and regulations and the rights of third parties.

The Provider has an obligation of means and not of results. In particular, the Provider undertakes to:

• To take all the care required by professional diligence and the practices of the market to perform the Services;
• To implement or make available, as the case may be, the appropriate means for the execution of the Services;
• In the absence of immediate execution of the Services, use its best efforts. Ensure compliance with the deadline or schedule set forth in the purchase order or at the time of the meeting agreed upon with the Client.

The Service Provider shall cooperate actively and in good faith with the Customer in all matters for the proper performance of the Services and shall immediately inform the Customer of any difficulties or disputes arising in the course of its performance.

The Service Provider shall provide the Services in full independence and autonomy.

Article 6 – CUSTOMER’S OBLIGATIONS

The Client shall cooperate actively and in good faith with the Service Provider in all matters for the proper performance of the Services.

In particular, the Client shall provide complete, accurate and truthful information and documents and shall make decisions reasonably necessary within the time required for the performance of the Services. The Service Provider shall be entitled to use any information provided by the Client for the purpose of performing the Services or obtained through public information sources generally considered reliable and to assume, without liability, that such information is true, accurate, fair and complete and does not contain any inaccuracies or deficiencies that could affect its import.

The Client may not modify, during the performance of the Services, their nature or their terms of supply, except with the prior written agreement of the Provider.

The Customer agrees to immediately inform the Provider of any difficulty, reservation or dispute arising during the performance of the Services, in order to allow for an amicable settlement of the situation, if necessary.

The Customer shall pay the price of the Services in accordance with the terms and conditions set forth herein.

Article 7 – CLAIMS

In case of delay in the supply of the Services, for any other cause than the force majeure or the fact of the Customer, the Customer will be able to cancel the order under the conditions envisaged in the articles L.216-2, L.216-3 and L.241-4 of the Code of the consumption, after having enjoined the Provider to supply the Services in a reasonable additional time.

The sums advanced by the Customer will be then retroceded to him at the latest fourteen (14) days following the date to which the contract will have been denounced.

In the event of defective performance of the Services, the Customer shall notify the Service Provider and express its grievances, reservations and relevant supporting documentation within thirty (30) calendar days from the date it becomes aware of such deficiencies, in order to allow the parties to make their best efforts to reach an amicable resolution of the situation within thirty (30) calendar days of the Customer’s initial notification.

In the absence of reservations or claims expressly made by the Customer during the provision of the Services within this period, no claim shall be validly accepted by the Provider.

If the Customer’s complaint is accepted, the Provider may refund the Customer in part or in full or rectify and correct the Services provided as soon as possible.

In the event of failure to reach an amicable settlement under the above conditions and in the event of sufficiently serious non-performance by the Provider, the Customer may terminate the General Terms and Conditions under the conditions set forth in Article 10 and obtain, where applicable, damages from the Provider to compensate for the loss suffered, the Customer waiving in advance the right to seek compulsory performance of the Services by the Provider or a third party or a proportional reduction in the price, in express derogation of the provisions of Articles 1221, 1222 and 1223 of the French civil code.

Article 8 – LIABILITY OF THE PROVIDER

The Provider is bound by an obligation of means for the provision of the Services. The Service Provider shall not be held liable:

• In case of failure to fulfill any obligation resulting from a fortuitous event, an event of force majeure as defined in Article 1218 of the Civil Code or due to the Customer or a third party;
• In the event that the information, data, instructions, directives, communicated by the Customer are erroneous or incomplete, and more generally in the event that the non-execution or defective execution of the Services results in whole or in part from the behavior, a failure or a deficiency of the Customer;
• In case of use of the results of the Services for a purpose other than those for which the Provider intervened, of erroneous implementation of the Provider’s recommendations or failure to take into account the reservations expressed by the Provider;
• In case of indirect or unforeseeable damage;
• In case 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 the choice of the Services requested, to verify.

8.1 Professional liability

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

It is specified that the Provider shall not be liable for any damage caused by a client’s negligence, in particular if the client has not disclosed to the Provider the existence of contraindications affecting him/her, either during the first session or during subsequent appointments in case of changes in his/her personal health condition.

8.2 Incapacity to work

In the event of the Provider’s temporary physical incapacity due to illness or accident, the Provider reserves the right to reschedule appointments in consultation with the Customer without the Customer being entitled to claim any compensation.

In the event of the Provider’s permanent physical incapacity, any engagement with the Provider’s client will be terminated by operation of law without the Provider being entitled to claim any compensation.

Any advance payments received will be returned to the Customer within a maximum of 8 (eight) days following notification of incapacity to the Customer.

For the gift vouchers valid at the date of the incapacity to work, the validity of the said gift vouchers can be postponed for a period corresponding to the initial duration of the said gift vouchers, as from the resumption of activity by Mrs. Claude HUWYLER.

Article 9 – INTELLECTUAL PROPERTY

Unless otherwise agreed in writing by the Provider, the Provider is the exclusive owner of all intellectual property rights relating to the elements communicated to the Customer in the context of the provision of the Services, including but not limited to the graphic design, 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, the present General Conditions do not entail the transfer of any of these intellectual property rights to the benefit of the Customer, who shall refrain from reproducing, using and/or representing, by any process whatsoever, even partially, any element on which the Provider holds an intellectual property right.

Article 10 – PERSONAL DATA

10.1 Nature of the 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 as “sensitive”, such as racial or ethnic origin, political, philosophical or religious opinions shall be requested or collected from the Customer.

The Customer is hereby informed that the personal data indicated as mandatory on the forms and collected in the context of the service described herein are necessary for the performance of the Service. The personal data that the Service Provider collects from the Client may include:

• Name and surname, date of birth,
• Postal address, email, telephone,
• Health data,
• Follow-up of reflexology sessions.

10.2 Purpose of precessing personal data

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

The data collected may also be used in the context of the management of commercial relations in order to establish statistics, to carry out market and behavioral research and to enable the Provider to improve and personalize the Services.

10.3 Storage, security and confidentiality of personal data

The personal data collected are processed and stored in conditions designed to ensure their security and are kept for the time strictly necessary to achieve the purposes referred to in Article 10.2 of these Terms and Conditions.

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

The Provider undertakes to implement technical and organizational security measures to ensure the security, integrity and confidentiality of all personal data, in order 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 of the Customer’s personal data.

10.4 Transfer of personal data

No personal data is transferred outside the European Union.

Except in the case where a third party asks the Customer to accept a confidentiality charter and conditions of use that are specific to that third party, the third party companies that have received communication of the User’s personal data have undertaken to process the User’s personal data solely for the implementation of the Provider’s Services.

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

However, the Service Provider may disclose the Customer’s personal data to administrative or judicial authorities when such disclosure is necessary for the identification, apprehension or prosecution of any individual who may be detrimental to the rights of the Service Provider, any other customer or any third party. The Service Provider may be legally required to disclose the User’s personal data and may not object to such disclosure.

10.5 Customer’s rights on his personal data

In accordance with the General Data Protection Regulation 2016/679 of 27 April 2016 (“RGPD”), any Customer has the right to access, rectify and delete personal data concerning him/her, which he/she may exercise directly with the Provider’s customer service by contacting him/her at the following e-mail address horizon.reflexologie@gmail.com or at the following postal address 6 RUE CAMILLE CLAUDEL – 68390 SAUSHEIM by enclosing a copy of an identity document with his/her request. In addition, within the limits of the law, the Customer also has the right to oppose the processing, to limit it, to decide on the post-mortem fate of his data, to withdraw his consent at any time and the right to the portability of the personal data provided.

Article 11 – DURATION – CANCELLATION

In the event of a one-off sale or in application of special conditions, these General Conditions are concluded for the duration of the provision of the Services, as mentioned, where applicable, in special conditions or in the order form.

The Service Provider or the Customer may terminate these Terms and Conditions in advance by written notice:

• In the event of the occurrence of a force majeure event referred to in Article 7 hereof; 

After having notified the other party in the event of a serious breach of its obligations or under the applicable laws and regulations, which has not been remedied within fifteen (15) days (when this breach can be remedied) following written notification indicating the nature of the breach and the need to remedy it.

Article 12 – WITHDRAWL

Where applicable, when an order for Services has been placed by a consumer Customer at a distance, or outside the Provider’s establishment within the meaning of Article L.221-1 of the French Consumer Code, the Customer shall have a withdrawal period of fourteen (14) clear days from the date of signing the order form, the calculation of the period being carried out in accordance with the terms and conditions set out in Article L.221-19 of the French Consumer Code.

The Customer may notify its decision to withdraw from the order by means of the withdrawal form in Annex 3 hereof or by a clear and unambiguous statement to the Provider’s postal or e-mail address.

The Provider will acknowledge receipt of the withdrawal request as appropriate.

If applicable, the refund of the price paid by the Customer for the Services shall be made within fourteen (14) days from the day the Provider is informed of the Customer’s decision to withdraw from the order, using the same means of payment as the one used by the Customer for the initial transaction. In this respect, it is specified that in the event of an express request by the Customer to perform the Services before the end of the withdrawal period, the Customer shall pay the price of the Services from which he/she benefited prior to his/her withdrawal, in accordance with the provisions of Article L.221-25 of the Consumer Code.

Notwithstanding the above, it is specified that the right of withdrawal will not apply to the supply of services referred to in Article L.221-28 of the Consumer Code, in particular in the case of supply of Services fully executed before the end of the withdrawal period and whose execution has begun after prior agreement of the Customer and waiver of his right of withdrawal.

Article 13 – NOTIFICATIONS

Any written notice or summons required or permitted under the provisions hereof shall be validly given if sent by hand-delivered letter or by bearer against receipt of delivery, by registered mail with return receipt, or by electronic mail (except in the event of termination hereof), addressed to the address and telephone number of the party concerned, with the Provider electing domicile at its registered office and the Customer at its personal domicile.

Any change of address of a party for the purposes of this Agreement shall be notified to the other party in the manner provided above.

Notices made by hand or by carrier shall be deemed to have been made on the date of delivery to the addressee, as evidenced by the delivery receipt. Notices made by registered mail with return receipt requested shall be deemed to have been made on the date of first presentation at the addressee’s address. Notifications made by electronic mail shall be deemed to have been made on the date the electronic mail is sent.

Article 14 – AUTONOMY AND ABSENCE OF WAIVER

If any of the provisions of these Terms and Conditions are declared null and void or inapplicable for any reason whatsoever pursuant to a law, regulation or following a court decision that has become final, 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 stipulations of the General Terms and Conditions shall in no case entail waiver.

Article 15 – MODIFICATION

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

Any order or appointment following a modification of the Terms and Conditions will imply acceptance by each Customer of the new version of the Terms and Conditions that will be communicated to him.

Article 16 – DISPUTES

If necessary, the Customer can present any complaint by contacting the company by e-mail at the address: horizon.reflexologie@gmail.com.

The Customer is informed that he/she is free to have recourse to a consumer mediator for the amicable resolution of a dispute with the Service Provider, in accordance with Articles L.611-1 and following and R.612-1 and following of the Consumer Code. The mediator(s) of the consumption to which the Provider belongs is the following one(s): CNPM Consommation 27 avenue de la Libération 42400 Saint Chamond, contact-admin@cnpm-mediation-consommation.eu.

All the disputes to which the General Conditions could give place, concerning so much their validity, interpretation, execution, cancellation, their consequences and their consequences, will be subjected to the court of Mulhouse (68).

The present General Conditions and the operations resulting from them are governed by and subject to French law. They are written in French. In the event of translation into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

Article 18 – SERVICE IN COMPANY

The services offered by the Provider are massages intended for the Customer’s company clients. These massages are performed on an ergonomic chair or on a massage table. The services offered can be foot, hand, head and back or Amma massages.

The prices of the services offered by the Provider are determined according to the duration of the service and the number of people involved. Prices are agreed upon between the Provider and the Client prior to the service.

Payment for services must be made at the end of each session. Payment can be made by check, cash or bank transfer.

In case of cancellation of a service by the Customer, the Provider must be informed at least 48 hours in advance. In case of cancellation less than 48 hours before the service, the Customer will have to pay the full price of the service.

The Provider shall not be held responsible for any physical or material damage caused by the Customer or the participants during the services.

The Provider agrees to respect the confidentiality of the information exchanged with the Customer and the participants.

The Provider is the owner of its working methods and tools. The Customer agrees to respect this intellectual property.

In case of dispute between the Customer and the Provider, the parties agree to seek an amicable solution. If no solution is found, the competent courts will be those of the Provider’s place of residence.

WARNING

In case of pregnancy, serious pathology, extreme fragility (this list is not exhaustive) and whatever the chosen service, it is recommended that customers seek advice from their doctor. The advice and recommendations given by Mrs. Claude HUWYLER do not replace the advice of a doctor, and should not be considered as an incentive to suspend or modify current medical treatments. Reflexology and well-being massages are complementary and are not alternatives to allopathic medicine.

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Appendix 1 : Descriptif of Services

To be completed and/or modified 

Reflexology services 

• Foot reflexology session for adults (from 14 years old)
• Children reflexology session (from 6 to 14 years old)
• Infant and child reflexology session (from 0 to 6 years old)
• Post-partum session
• Mom-to-be session
• Slimming session
• STOP Addictions Session

Additional Services

• Amma Massage Session

Sale of Gift Vouchers: 

• 30, 40, 50, 60 depending on the selected treatments
• These vouchers are valid for 6 months from the date of purchase
• The gift vouchers cannot be reimbursed. If the validity period is exceeded, they may be extended by one month.

Appendix 2 : Pricing conditions

Combined reflexology session (feet, hands, face, ears, suction cups) : 60 €.

Reflexology session for children (from 6 to 14 years old) : 50 €.

Reflexology session for infants and children (from 0 to 6 years old): 40 €.

Post-partum session between 120 and 200 € depending on the chosen service

Mom-to-be session 6 sessions package: 300 €.

Slimming Session Package of 5 sessions: 300 €.

STOP Addictions Session Package of 5 sessions: 300 €.

Amma massage 30 €.

Appendix 3 : Cancellation form

If the Customer wishes to exercise his right of withdrawal – in accordance with the conditions set out in Article 12 of these General Conditions – he may use the form below:

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To the attention of : 

I hereby notify you of my withdrawal from the contract for the following services: 

• Name(s) and reference(s) of order(s):

• Ordered on:

Name of the customer who placed the order:

Address of the customer placing the order:

Customer Signature: