Terms and Conditions of Sale
Written on September 14, 2022
HARAWELL® is a registered trademark of BE COHERENCE. The company BE COHERENCE is hereinafter referred to as " HARAWELL ".
HARAWELL has developed a method in the field of wellness and designs different programs according to the needs and objectives of its clients. The programs can take different formats, including half-day or full-day sessions.
IMPORTANT: Please read these general conditions carefully: they define the terms and conditions applicable when you order the services offered by HARAWELL.
WARNING: The Services offered by HARAWELL are exclusive of any medical advice. No examination of the physical state of the Customer is carried out by HARAWELL and the given advices are not intended to be used to diagnose, treat, cure or prevent diseases, affections or injuries. The Customer also acknowledges that he/she may receive advice on lifestyle or nutrition, but this advice does not concern the medical or paramedical field.
In addition, Customer acknowledges and agrees that certain physical activities must be performed in a responsible manner. The Customer expressly acknowledges that the practice of physical activities involves certain inherent and significant risks of damage or injury and that the Customer voluntarily assumes all known and unknown risks associated with such activities. The Customer must ensure that he/she is in good health and fit to practice the activities offered by HARAWELL, if necessary under the supervision of a health professional. The Client undertakes to notify HARAWELL of any incompatibility of his/her state of health with the practice of the activities offered, so that HARAWELL can, if necessary, offer other Services.
ARTICLE 1. DEFINITIONS
Terms used in these Terms and Conditions, whether in the plural or in the singular, shall have the following meanings:
General Conditions or CGV: the present general conditions of sale, which have for object to determine the conditions of sale of the Services by HARAWELL.
Customer: any natural person of legal age, having the capacity to contract and having the quality of consumer within the meaning of the preliminary article of the Consumer Code, who orders a Service for non-professional purposes.
Order: order placed by the Customer, in accordance with the present General Conditions.
Contract: these GTCs as well as any document attached to them, in particular the elements of the Order placed on the Web Site.
HARAWELL: company BE COHERENCE proposing the Programs under the name HARAWELL, exploiting the Internet Site and carrying out the Services, registered under the number 880 049 416 00022 RCS Paris, whose head office is located at 11 rue Léon Cogniet, 75017 Paris, represented by its President in exercise.
Program: program designed by HARAWELL on the basis of the HARAWELL method and offered to the Customer according to his or her expressed needs, consisting of one or more sessions, as described in these GTC, on the Website and the Order.
Services: services performed by HARAWELL within the framework of the Program in accordance with the Agreement.
Internet site: Internet site accessible at the address www.harawell.fr developed and operated by HARAWELL.
ARTICLE 2. PURPOSE AND SCOPE OF THESE TERMS AND CONDITIONS OF SALE
The purpose of these General Conditions is to define the terms and conditions for the Ordering of the Services by the Customer and the terms and conditions for the implementation of the Programs by HARAWELL for the benefit of the Customer.
The Order of the Services requires the acceptance by the Customer of the present General Conditions.
The applicable Terms and Conditions are the Terms and Conditions in effect on the date of the Order.
The Customer acknowledges that the Agreement prevails over all other documents such as brochures, catalogs, documentation issued by HARAWELL, which are only indicative, and over any document issued by the Customer.
ARTICLE 3. DESCRIPTION OF SERVICES AND ORDERING PROCEDURES
3.1. The Programs
Each program includes the 4 steps of the method developed by HARAWELL detailed on the Website.
Programs can be offered in a variety of formats in which the length, number and frequency of sessions vary. The Services and Programs are more fully described on the Website.
The Services are carried out in the places indicated by HARAWELL.
3.2. The Order
The Customer may place an Order on the Website by selecting the desired Services.
After checking the selected Services, the Customer may confirm the Order by clicking on the button provided for this purpose.
He will accept the present General Conditions and will make the payment according to the terms and conditions provided on the Website.
The Customer will receive a confirmation of the Order at the email address indicated.
Some Programs are subject to a minimum number of participants, which will be indicated to the Customer where applicable. The Order is concluded subject to this number being reached. If the minimum number of participants is not reached within 7 days before the start of the Program, HARAWELL will inform the Client and may propose either an increase in the price, if applicable, or another date or, at the Client's option, reimburse the Client for the sums paid and the Order will be considered null and void.
3.3 Conditions for the realization of the Programs and cancellation
At the time of the Order, the Client guarantees that he/she is in a state of health compatible with the activities planned under the Program.
The Customer acknowledges that the Order is nominative and that the Program cannot be followed by a third party as it has been created on the basis of the Customer's expressed needs.
The Customer recognizes and accepts within the framework of the Programs, in particular when they are carried out with several participants, it must adopt a courteous and respectful behavior, and if applicable, to respect the instructions given by HARAWELL as well as, if necessary, the rules applicable to the place of reception or lodging.
Cancellation by HARAWELL: HARAWELL may cancel the Service in case of force majeure or if the conditions for the realization of the Services are not met. In this case, HARAWELL will contact the Client as soon as possible and may, at the Client's discretion, propose another date (if possible), issue a credit note or reimburse the Client (without prejudice to any damages in case of cancellation not due to force majeure).
Cancellation by the Client: The Client may cancel all or part of the Services for convenience, in writing and with a minimum of 48 hours before the scheduled date. If the Service is cancelled and not rescheduled, HARAWELL will reimburse the Client for any amounts paid in advance. If the Client has not respected the 48 hours notice period, the price for the non-cancelled Service will be due in full (except in cases of force majeure).
ARTICLE 4. PRICE AND PAYMENT
The price is indicated to the Customer in the proposal.
The Customer must pay the price when validating the Order on the Web Site via the online payment module.
The Customer warrants that he/she is fully entitled to use the means of payment used and that he/she has sufficient funds to cover the price.
ARTICLE 5. RIGHT OF WITHDRAWAL
In accordance with the provisions of article L 221-18 of the French Consumer Code, the Customer has a period of 14 (fourteen) days to exercise his/her right of retraction for any reason whatsoever. This period shall begin on the date the Sales Order is confirmed by the Client. The withdrawal may be made by sending a request to HARAWELL on plain paper or by using the standard withdrawal form attached to these General Terms and Conditions.
In this case, HARAWELL shall reimburse the Customer for the amount of the Services paid by the Customer within a maximum of 14 (fourteen) days from the date of withdrawal, using the same means of payment as the Customer used for the payment, unless otherwise agreed in writing by the Customer and HARAWELL.
By exception, in accordance with the provisions of Article L. 221-28 of the French Consumer Code, the Customer acknowledges and expressly agrees that if he accepts that the Services begin before the end of the 14-day period applicable to the right of withdrawal and are fully completed within this period, he waives his right of withdrawal which he will no longer be able to exercise and that no reimbursement will be made in this respect. If the Customer exercises the right of withdrawal before the end of the execution of the Services, only the amount corresponding to the Service provided until the communication of his decision to withdraw will be due.
ARTICLE 6. WARRANTIES AND LIABILITY
HARAWELL shall not be liable in the event of a breach of its obligations due to force majeure, an unforeseeable or insurmountable act of a third party to the contract or attributable to the Customer. The responsibility of HARAWELL can be retained only for direct damage.
ARTICLE 7. MISCELLANEOUS PROVISIONS
If any of the non-material provisions of the Agreement are held to be invalid or unenforceable by any law or regulation or by an enforceable decision of any court or authority having jurisdiction, the parties expressly agree that this Agreement shall not be affected by the invalidity of such provision.
The failure of either party at any time to require strict performance by the other party of any provision or condition of the Agreement shall not be deemed a final waiver of such provision or condition.
ARTICLE 8. APPLICABLE LAW AND DISPUTES
The Contract is concluded in the French language and is subject to French law. In the event of translation into another language, the latter is provided for information purposes only and only the French version shall be deemed authentic.
In the event of a dispute between HARAWELL and the Client concerning the validity, execution, non-execution, termination or interpretation of the Contract or, more generally, the relations between HARAWELL and the Client, the latter may:
- Send your complaint to HARAWELL who will reply in writing as soon as possible;
- To have recourse to a procedure of mediation: the Customer can thus submit any dispute relating to the Contract opposing him to HARAWELL to the mediator designated hereafter which will try, in all independence and impartiality, to bring closer the parts in order to lead to an amicable solution.
In accordance with the articles L.616-1 and R.616-1 of the code of consumption, HARAWELL set up a device of mediation of consumption. The entity of mediation retained is: SAS CNPM - MÉDIATION - CONSOMMATION. In case of dispute, the consumer will be able to file his complaint on the site :
http://cnpm-mediation-consommation.eu
or by mail by writing to
CNPM - MEDIATION - CONSUMPTION
27, avenue de la Libération - 42400 SAINT-CHAMOND
The Customer is free to decide whether or not to resort to mediation. In case of recourse to mediation, the parties are free to accept or refuse the solution proposed by the mediator.
It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal actions.
- Bringing the matter before one of the competent jurisdictions: in particular, the Customer may bring the matter before either one of the territorially competent jurisdictions under the Code of Civil Procedure, or the jurisdiction of the place where he or she resided at the time the Contract was concluded or at the time the harmful event occurred.
Appendix: MODEL RETRACTION FORM
Please complete and return this form only if you wish to withdraw from the contract.
To the attention of BE COHERENCE (HARAWELL) - 11 rue Leon Cogniet, 75017 Paris or (contact@harawell.fr):
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/services (*):
Ordered on (*)/received on (*) :
Name of consumer(s):
Consumer(s) Address:
Signature of consumer(s) :
Date:
(*) Delete as appropriate