Terms and conditions policy

Article 1 – Designation of the seller
 
Online or face-to-face training products and services, distributed under the Panthora brand, are sold by Patricia Dulhaz.
Headquarters address: Route de Saint-Julien 175B, 1228 Plan-Les-Ouates, Switzerland
Email: panthora.nutrition@gmail.com

Hereinafter referred to as Patricia Dulhaz
 
BY TICKING THE VALIDATION BOX IN THE CGV PROVIDING SO, THE CUSTOMER AGREES TO WAIVE HIS 14-DAY RIGHT OF WITHDRAWAL IN ORDER TO BENEFIT IMMEDIATELY FROM DIGITAL CONTENT NOT PROVIDED ON A MATERIAL MEDIA AND/OR SERVICES WHOSE DELIVERY IS PLANNED IMMEDIATELY AFTER THE COMMAND.
 
Article 2 – Object
These general conditions of sale (hereinafter the "GTC") apply, without restriction or reservation, to all sales concluded by Patricia Dulhaz with professional or non-professional customers (hereinafter the "Customer") on the www.panthora.ch site and any associated domains and sub-domains (hereinafter the “Site”).
The T&Cs determine the rights and obligations of Patricia Dulhaz and the Client within the framework of their conclusion and execution. These T&Cs are accessible on the Site and shall prevail, where applicable, over any other version or any other document.
The validation of the order by the Customer who acknowledges, by ticking the box provided for this purpose, to have been aware of them and to have accepted them before finalizing the order, constitutes acceptance without reservation of these presents.
The content of each offer is detailed on the Site. The Customer also acknowledges that, prior to any order, he has received sufficient information and advice from Patricia Dulhaz, allowing him to ensure that the formula he selects is suitable for his own needs. The Customer declares to be of legal age and capable of contracting under the law and declares, where applicable, to validly represent the person for whom he is committing. The Client guarantees compliance with the T&Cs for all of its employees, employees and agents.
Unless proven otherwise, the data recorded by the Site constitutes proof of all facts, acceptance and transactions.
 
Article 3 – Characteristics of the Service
The order specifies the content and the characteristics of the different formulas which contain - on a non-exhaustive basis and according to the particular conditions of each commercial offer of Patricia Dulhaz - services, hours of online training, access to groups of mutual and community support, access to documents (checklists, models, etc.), invitations to events, access to recorded or live videos, personalized or support services.
In the T&Cs, the “Service” refers to all of the offers on the Site (club subscription, subscription to a pack, monthly subscription, etc.) covered by the Customer’s order.
The Customer is informed that the Service may require access to other sites or platforms, designed and managed under the responsibility of third parties. No control over the content of said sites is exercised by Patricia Dulhaz, which declines all responsibility with regard to their content and the use made by any third party of the information contained therein.
The products and services contained in the Service are offered and delivered within the limits of availabilities, it being understood that Patricia Dulhaz may voluntarily limit the number of registrations for the Service.
Apart from reimbursement of the price of the unavailable product, no cancellation compensation will be due by Patricia Dulhaz.
 
 
Article 4 – Warranties and withdrawal
 
4.1 – General warranty
 
Patricia Dulhaz undertakes to make every effort to provide the Service during the period agreed in the order, except for any breakdown or technical constraints related to the specificities of the Internet network or the third-party solutions used, for which Patricia Dulhaz cannot be held responsible.
In the event of a problem or malfunction on an online platform necessary for the delivery of the Service, Patricia Dulhaz will endeavor to provide the Service on a platform or by any equivalent means with similar functionalities.
The Customer may benefit from the modules and services of the Service within the limits of reasonable use.
The delivery of the Service complies with the regulations in force in the European Union and the content of the Service refers to French law. Patricia Dulhaz cannot be held liable in the event of non-compliance with the legislation of the country in which the Service is available on the internet, which it is the Customer's responsibility to verify.
 
4.2 – Waiver of the exercise of the right of withdrawal
 
In accordance with the provisions of the Consumer Code (Art. 221-28.13°), the right of withdrawal cannot be exercised for contracts for the supply of digital content not provided on a material medium, the execution of which began after express prior consent of the consumer and express waiver of his right of withdrawal. Patricia Dulhaz obtains the Customer's express prior consent for the performance of the Service before the end of the withdrawal period. At the time of the order, before selecting his method of payment and entering his bank details, the Customer expressly requests to be able to access the documents and videos before the end of the withdrawal period which he declares to waive by ticking the box provided for this purpose.
 
Article 5 – Pricing conditions
 
5.1 Price
 
The price of the Service is indicated on the Service presentation page on the Site and on the order page.
The Service is provided at the current prices listed on the Site when the order is validated by the Customer. Prices are expressed in euros, including VAT.
Unless there is a special offer and/or at the end of any trial period, the total price of the Service ordered is due from the confirmation of the order. Unless otherwise stated, these prices are fixed, firm, final and non-revisable during their period of validity, as indicated on the day of the order.
The payment in installments of the Service is a payment facility which is not comparable to a credit and the last due date never occurs after the delivery of the Service.
Patricia Dulhaz reserves the right to modify its prices and will notify the Customer in good time so that he can terminate his Subscription prior to any renewal of the latter beyond the initial period.
The rates in force may be revised during promotional offers or one-off operations in compliance with the regulations.
The prices attached to the Training formulas are therefore likely to go up or down over time, without the Customer being able to rely on it during the performance of the Service to obtain a reduction in the price specified when of his order.
 
5.2 Order – Pre-order – Invoicing
 
It is up to the Customer to select on the Site the Service(s) he wishes to order, and to select the formula best suited to his needs. If their needs change, the Customer can contact Patricia Dulhaz to consider a change of Service based on current offers.
In any case, the sale will only be considered final after Patricia Dulhaz has sent the Customer confirmation of acceptance of the order, which results in the sending of an email and after collection, either the full price, either a monthly payment for the Service, or a partial or installment payment.
The Service can be offered in “pre-order”, that is to say purchased before its official publication; in this case, payment is due immediately at the time of the pre-order. The estimated dates of publication of products and services are not contractual and may change. Patricia Dulhaz does her best to respect the announced dates, and reserves the right to send the access codes within a reasonable time after the announced date.
An invoice is established by Patricia Dulhaz within a reasonable time after the order. It is sent to the Customer or, failing that, accessible on request. Invoices are payable upon receipt or, where applicable, according to the agreed monthly payment schedule.
 
5.3 Rules
 
Payments by credit card are debited at the time of the order or at the end of any trial period that may be offered by Patricia Dulhaz.
Secure online payment by credit card is made through secure payment third parties (unless otherwise stated, PayPal, Stripe).
The information transmitted is encrypted in the rules of the art and cannot be read during transport on the network. Any guarantee as to the security of this system is entirely the responsibility of the payment third party selected by the Customer at the time of payment of the order and cannot be attributed to Patricia Dulhaz.
In the event of subscription to a Service by monthly or installment payment and/or renewal of the Service by tacit agreement, the payment of the first installment by the Customer implies his consent to the direct debit from the bank account used for the payment. of the following deadlines under the conditions provided for in the order.
Settlement in installments is a payment facility that is not comparable to a loan or microcredit as defined by law and the last due date never intervenes after the delivery of the Service which is the subject of it.
The means of payment used by the Customer at the time of subscription to the Service by monthly payment or any payment in installments must therefore be valid until the last payment due date provided for in the order, at least for the initial and firm duration of Service scheduled.
It is specified that the Customer may not rely on Patricia Dulhaz for the micro-credit system that may be applicable in his country of residence for the monthly payment of the Service.
Payments made by the Customer will only be considered final after effective collection of the sums due by the Customer.
Any access (link to a connection portal, username, password or link to a portal for creating an account) will then be issued after receipt of payment (or the first payment in the case of monthly payment, or a separate special offer) and sent to the Customer electronically.
In the event of non-payment or late payment by the Customer, including from the first payment incident noted, Patricia Dulhaz reserves the right to cancel or suspend access to the Service (to training modules, to groups members of the Service, to Service events, subscription, Services, etc.), without prejudice to any sums that may be requested from the Customer subsequently.
The sums paid with the order may at no time be considered as a deposit or down payment.
 
Article 6 – Limitation of liability
 
The responsibility of Patricia Dulhaz can in no way be engaged for any technical or software failure or any cause that is foreign to it. Whatever the type of Training formula, Patricia Dulhaz's liability is expressly limited to compensation for direct damages proven by the Client. Vis-à-vis Professional Customers, Patricia Dulhaz's liability is capped at the amount of the price paid by the Customer for the Service subscribed.
Under no circumstances can Patricia Dulhaz be held liable for consequential damages such as loss of data, file(s), operating loss, commercial loss, loss of earnings, damage to the image and Customer's reputation.
Patricia Dulhaz cannot be held responsible for any disputes arising between the Customer and its own customers, or any other third party to the GCS.
The use and exploitation of the information provided under the Service is done under the sole responsibility of the Customer and at his own risk. The Service cannot be assimilated to a personalized legal advice service relating to the legal profession, which the Client expressly accepts. As such, the Customer is solely responsible for the interpretations he makes of the information provided under the Service, the advice he deduces therefrom or which has been given to him within the framework of the Service, and the adaptations made for his commercial activity. or non-commercial clean.
The Service complies with the regulations in force in France. Patricia Dulhaz cannot be held liable in the event of non-compliance with the legislation of the country in which the Service is available, which it is the Customer's responsibility to verify.
It is the Client's responsibility to proceed before the end of the Service to backups of its content or the elements to which it has access that can be downloaded, Patricia Dulhaz does not guarantee by the hosting of the content or the provision of any element after the end of the Service. , for whatever reason.
By express agreement, the illustrations, diagrams, screenshots or photos presenting the Service or linked to the Service have no contractual value and the Customer cannot rely on them from the Seller to found any claim.
Unless otherwise specified at the time of the order, a minimum response time is not guaranteed to Customers who wish to contact the trainers and expert members of the Service, who will endeavor to make a return within a reasonable time.
 
Article 7 – Force majeure and incapacity
 
Patricia Dulhaz is exonerated from all liability by providing proof that the non-performance or poor performance of the contract is attributable either to the Client, or to the fact, unforeseeable and insurmountable, of a third party to the contract, or to a case of force majeure . Are considered as cases of force majeure or fortuitous event, in addition to those usually recognized by the jurisprudence of French Courts and Tribunals and without this list being restrictive: strikes or social conflicts internal or external to Patricia Dulhaz, natural disasters, fires, interruption of telecommunications, interruption of energy supply, interruption of communications or transport of any type, or any other circumstance beyond the reasonable control by Patricia Dulhaz.
In the event of incapacity for work of the expert(s) in charge of the Service, and in particular coaching, within Patricia Dulhaz, as a result of illness or accident, Patricia Dulhaz reserves the right to modify the planned schedule. without the Customer being able to demand the payment of compensation. Patricia Dulhaz will notify the Customer within a reasonable time of this incapacity and as far as possible of the duration thereof.
 
Article 8 – Termination
 
It is recalled that the Customer remains liable for the full fixed price including VAT of the Service as specified in the order page and the order confirmation email, in accordance with these GCS, including in the event of choice of payment. of the Service by monthly payment during a minimum commitment period, and/or in the event of subscription within the framework of an exceptional offer / promotional code, and/or in the event of recourse to any payment facility.
 
8.1 – Termination by Patricia Dulhaz
 
In addition to the other resolutive causes provided for in this contract and without prejudice to any course of action, Patricia Dulhaz reserves the right to terminate the Service immediately (deactivation of access rights to the Service) in the event of non-payment by a Customer of one or more invoices. Any sum not paid within thirty days will be increased by a rate equal to three times the interest rate of the European Central Bank in force increased by ten percentage points as well as a lump sum compensation for recovery costs of 40 euros. Late payment penalties are payable upon simple request by Patricia Dulhaz and without the need for a reminder. For Professional Customers, late payment penalties are payable without an enforceable title. The termination of the service automatically entails the suspension and termination of the service as subscribed by the Customer to the Company as well as the immediate payment of all sums due in respect, in principal, costs and accessories (late interest , possible bank charges). In the event that the recovery costs incurred are higher than this flat rate, Patricia Dulhaz reserves the right to request additional compensation on justification.
Patricia Dulhaz also reserves the right to immediately terminate the Customer's Service in the event of the latter's violation of Patricia Dulhaz's intellectual property rights and any breach of the Service, in violation of these GCS.
The termination of the GCS automatically entails the suspension and termination of the Service as well as the immediate payment of all sums due in respect, in principal, costs and accessories (late interest, possible bank charges).
 
8.2 – Termination linked to modifications of the GCS
 
Patricia Dulhaz, professional seller, reserves the right to modify its GCS at any time. In the event of modification of the GCS, the applicable GCS are those in force on the date of the order, a dated copy of which (last date of update of the GCS) is sent to the Customer after confirmation of the order.
Patricia Dulhaz reserves the right to modify its various Service offers at any time. Unless there are exceptional conditions, Patricia Dulhaz will not impact upward or downward price changes on a Service already subscribed for a determined amount.
Changes to the GCS are binding on users of the Site and Customers who have accepted them from the time they are updated on the Site.
In the event of refusal of the new GCS, Patricia Dulhaz is free to terminate this commitment.
 
Article 9 – Personal Data
 
The personal data collected under this contract will never be resold to third parties, unless the Customer expressly consents and is sufficiently informed in advance in accordance with applicable law.
The personal data of the Customer communicated to Patricia Dulhaz – who is responsible for processing – are intended for the management of requests, orders (execution of payments), the delivery of products and services included in the Service subscribed by the Customer and to the creation of a customer file, in particular for commercial prospecting purposes by Patricia Dulhaz. The data is kept and used for a period in accordance with the legislation in force. Under the conditions of the General European Regulation on the Protection of Personal Data ("GDPR"), the Customer has a right of access, rectification, portability, erasure or limitation of the processing of his personal data. . Under the conditions of the GDPR, the Customer also has the right to object to the processing of his personal data and the right to withdraw his consent at any time by contacting Patricia Dulhaz (panthora.nutrition@gmail.com ). In the event that Patricia Dulhaz does not provide a satisfactory answer to the Client, the latter may lodge a complaint with the data protection authority to which he reports (the CNIL, in France).
Within the framework and within the limits of the aforementioned purposes, the personal data of Customers may be transmitted to subcontractors of Patricia Dulhaz (including its payment service providers) provided that the latter provide sufficient guarantees of compliance with the GDPR and at least equal to those provided by Patricia Dulhaz, whether established in or outside the European Union.
More information: See Patricia Dulhaz's Privacy Policy, available at any time at the bottom of the Site.
 
Article 10 – Intellectual property
 
The content of the Site and the Service is the exclusive property of Patricia Dulhaz and its potential partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction is strictly prohibited under penalty of prosecution.
Patricia Dulhaz is the exclusive holder of the intellectual property rights of all the content of the Service offered to its Customers. To this end, all content and educational materials in whatever form (paper, electronic, digital, oral, video, etc.) used by Patricia Dulhaz to provide the Service, its bonuses and ancillary services remain the exclusive property by Patricia Dulhaz. As such, they may not be the subject of any use, transformation, reproduction, exploitation in any capacity whatsoever not expressly authorized by Patricia Dulhaz.
In particular, the Customer is prohibited from using and exploiting the content of the training courses and associated services to train other people. It engages its responsibility on the basis of articles L.122-4 and L.335-2 and following of the French intellectual property code in the event of unauthorized transfer or communication of content.
In return for payment of the price, the content and information transmitted are subject to a personal, non-transferable and non-exclusive right of use for a limited period, which varies depending on the Service selected by the Customer at the time of the order. and the possible renewal of the Service beyond.
Excluding authorized personal or commercial use of the information within the framework of the Customer's activity, any exploitation, reproduction, representation, modification, publication, transmission, distortion, total or partial of the contents of the Services and training courses, as well as the databases appearing where applicable on the Site are strictly prohibited, regardless of the process and medium used.
In any case, Patricia Dulhaz remains the owner of its tools, methods and know-how developed previously or during the Service provided to the Client.
 
Article 11 – Communication and Customer references
 
Customers agree to be quoted by Patricia Dulhaz as a participant in a training program organized by Patricia Dulhaz or as a user of one or more of the products or services of the Service.
Patricia Dulhaz is thus authorized to mention the name of the Customer as well as an objective description of the nature of the Service, object of the contract, in its lists of references and proposals for the attention of its prospects and its customers in particular on the Site, interviews with third parties, communications to its staff, internal forward-looking management documents, annual report to shareholders, as well as in the event of legal, regulatory or accounting provisions requiring it. The Client who does not wish to be quoted must notify the Company beforehand.
Acceptance of the T&Cs by the Client is valid, in the absence of written information to the contrary sent to Patricia Dulhaz on the day or at the latest before the end of the shooting week, for authorization to reproduce and represent photographs and videos in the event of shooting during an event organized by the Company or on its initiative. Consequently, the Client authorizes Patricia Dulhaz to broadcast the images taken during this event. The images may be exploited and used directly in all forms and all media known and unknown to date without any time limit (press, brochure, display, internet, etc.) for the promotion of the activities of Patricia Dulhaz. The Customer acknowledges that he is fully satisfied with his rights and may not claim any remuneration for the exploitation of the rights referred to in this paragraph.
The same conditions as those described in the previous paragraph are applicable to image and/or copyright rights on the videos and photographs sent by the Customer to Patricia Dulhaz to give her opinion and/or testify on Patricia's products and services. Dulhaz.
 
Article 12 – Applicable law – Language
The present policy complies to the French law. It is originally written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
The nullity of a contractual clause does not entail the nullity of the GCS. The temporary or permanent non-application of one or more clauses of the GCS by Patricia Dulhaz does not constitute a waiver on her part of the other clauses of the GCS which continue to produce their effects.
 
Article 13 – Mediation – DISPUTES
 
The consumer Customer may, in the event of a dispute arising from this agreement, request the use of a consumer mediator that the Customer can identify on the site https://www.economie.gouv.fr/mediation-conso (France) .
The mediator will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse the use of mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator. In addition, any consumer Customer enter the Online Dispute Resolution Platform via the link accessible at the following address:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
 
IN THE FAILURE OF AN AMICABLE RESOLUTION,
– FOR CONSUMER CUSTOMERS, ALL DISPUTES TO WHICH THIS CONTRACT COULD GIVE RISE, CONCERNING ITS VALIDITY, ITS INTERPRETATION, ITS EXECUTION, ITS TERMINATION, THEIR CONSEQUENCES AND THEIR FOLLOW-UPS WILL BE SUBMITTED TO THE COMPETENT COURTS UNDER THE CONDITIONS OF CONSUMER LAW.
– IN THE EVENT OF A DISPUTE ARISING BETWEEN A PROFESSIONAL CUSTOMER AND THE COMPANY, THE PARIS COMMERCIAL COURT SHALL HAVE EXCLUSIVE JURISDICTION. THE OTHER COURTS WITHIN THE SPRING OF THE CITY OF DRAGUIGNAN ARE COMPETENT FOR DISPUTES FALLING WITHIN THEIR EXCLUSIVE JURISDICTION.
 
Last update of the policy: 03.09.2023