General Terms and Conditions of Sale
These general terms and conditions of sale (GTC) apply, without restriction or reservation, to all services (hereinafter referred to as the "Services") offered by Isabelle Malinge, sole proprietorship, SIRET number 80155469200013, 146 route des Molliats, 74370 Fillière, to all of its clients, regardless of their status or quality. Consequently, the placing of an order by a customer for the realization of a Service proposed on the www.isabelle-malinge.fr website implies the adhesion of the latter and their acceptance, without reserve, to the present GTC, except for a particular agreement previously agreed upon in writing between the parties. The sale will only be completed after the express acceptance by any written means of the order by Isabelle Malinge. Isabelle Malinge reserves the right to modify these GTC at any time, it being understood that the modifications will only be applicable to orders placed following the entry into force of the said modifications. Any document other than the present GTC, in particular advertisements, leaflets, flyers, websites, etc., is for information purposes only and is not contractual.
2- General characteristics of the Services
This Contract constitutes a contract for the provision of services relating to traditional Chinese medicine, energetic osteopathy and wellness massage, covered by the Consumer Code. The Client is informed and accepts that the services provided are not intended to establish any diagnosis or treatment of illness. They are aimed exclusively at providing services to relax, strengthen, as a preventive measure, and by natural means, lifestyle, pre-existing immune defence mechanisms and to balance the functioning of the human body for the purpose of well-being. These services may take the form of a health check-up, advice, information, energy treatment, support programmes, massages, workshops, editorial support (e.g. recipes), all of which are non-medical in nature. The services provided by the service provider do not in any way replace a diagnosis, a medical treatment or a regular or ongoing medical follow-up. They do not in any way exempt the consultation of a doctor, the latter being the only one entitled to establish a medical diagnosis as well as an adapted medical treatment. The service provider is not a doctor and only the client's doctor can decide to stop or modify a medical treatment. All services of an erotic or sexual nature are also excluded.
3- Conditions for the performance of the services
The service provider will carry out the services, in agreement with the client and, depending on the case, either :
on its professional premises,
remotely by an electronic means of communication such as videoconferencing, telephone, e-learning platform, provided that the client has Internet access and/or a telephone line,
at the client's home. In this case, the client undertakes to provide the service provider with a space (minimum 8 m2) where the hygiene, calm and safety conditions are compatible with the performance of the services. During the sessions, the service provider provides the client with all the necessary professional equipment (massage table, protective linen, towels, massage oils, music, etc.). The duration of the services indicated on the website does not take into account the time required to install the equipment, to dress and undress, which is why it is recommended to allow 20 to 30 minutes in addition to the time indicated.
The date(s) for the performance of the services will be agreed between the service provider and the client. The client undertakes to cooperate actively with the service provider and to provide him/her with the information necessary for the proper performance of the services, in particular any useful information on his/her personal situation (illness, pregnancy, particular fragility, disability, medical history and current medical treatment). For its part, the service provider undertakes to take all the care and diligence necessary for the proper performance of the services and to keep the client informed of any difficulties that may arise during the performance of the services. The service provider is bound by an obligation of means in terms of advice and information.
Subject to the application of the provisions relating to the right of withdrawal for contracts concluded at a distance and off-premises, any cancellation of services by the client after signing the contract will only be taken into account if it has been made by telephone or email at the latest 48 hours before the planned date, except in cases of force majeure. In the event of cancellation after this period, the client is informed that the sums paid in advance will not be reimbursed and that he/she remains liable for the service initially planned according to the prices in force displayed on the provider's reservation website or, failing that, in its premises. The service provider also reserves the right to cancel, suspend or interrupt the services if, after signing the contract, he finds that the said services are clearly incompatible and/or unsuitable for the client's personal situation (illness, pregnancy, particular fragility, disability, age, etc.). In this case, the service provider undertakes to reimburse the client for the amounts paid in proportion to the services already provided.
5- Prices and payment
The prices of the services are set by the service provider. These prices may vary according to the type and duration of the services provided. The prices applicable to the client on the day of the conclusion of the contract are those in force and displayed on the service provider's reservation website or, failing that, in its premises. The prices are in principle expressed exclusive of taxes and costs (for example, travel costs for services provided at home). When taxes and/or costs apply, the service provider shall inform the client of them and they shall then be invoiced in addition. In the absence of information on taxes and/or costs, the prices indicated are deemed to be inclusive of all taxes and costs. The client is informed that the prices of the services are not reimbursed by social security. Some mutual insurance companies cover Chinese medicine and osteopathic energy consultations: contact your mutual insurance company for more information.
The payment of the service must be made by cheque, cash or bank transfer at the beginning. Any missed appointment not cancelled within 48 hours may be invoiced, except in cases of force majeure.
The customer has the possibility of buying a "gift voucher" for a third party beneficiary on simple order by telephone, e-mail, or via the site www.isabelle-malinge.fr. To do so, the service provider must be informed of the service or the value of the "gift voucher" leaving the choice to the third party beneficiary of the desired service, the name and surname of the client, his contact details, as well as the name and surname of the third party beneficiary. The gift voucher will only be sent by post (no additional costs will be charged for postage) or by email once payment has been received and cleared (by bank transfer, credit card or cash). The third party beneficiary will then be able to make an appointment with the service provider by indicating the code mentioned on the "gift voucher". A withdrawal period of 14 working days from the receipt of the customer's payment is provided without justification or penalty. In order to be reimbursed, the original "gift voucher" must be returned by post within this 14 day period to the following address: Isabelle Malinge, 146B route des Molliats, Saint Martin Bellevue, 74370 Fillière. The service provider will proceed to reimburse the sums paid by the customer within a maximum of 30 (thirty) days from the date of receipt of the original "gift voucher". The "gift voucher" is valid for 6 months from the date of purchase.
6- Applicable law and jurisdiction
These GTC are subject to French law. In the event of disputes, the parties undertake to seek an amicable solution before any legal action. Failing this, any dispute arising with a customer who is a merchant and which is related to the interpretation, execution or validity of these GTC shall be subject to the exclusive jurisdiction of the courts of Annecy. For all other customers, the provisions of the Code of Civil Procedure shall apply.
The Parties acknowledge the confidential nature of all information and data exchanged between them for the performance of the contract and undertake to keep it confidential, with the exception of publicly available data and data already known to the receiving party. All confidential information communicated by one party to the other party shall be kept by the receiving party in the same manner as it keeps its own confidential information and shall be used only for the purposes of the contract. This clause shall remain in force for a period of five (5) years after the end of the contract.
Special provisions applicable to contracts concluded at a distance: in accordance with the legal provisions in force, the service provider shall be automatically liable to the client for the proper performance of the obligations resulting from the contract concluded at a distance. However, he may be exempted from all or part of his liability by proving that the non-performance or poor performance of the contract is attributable either to the client or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure. Subject to the application of the aforementioned imperative provisions concerning contracts concluded at a distance, the service provider's liability shall only be incurred in the event of a fault proven by the client. The client is solely responsible for the choices he makes and the information he gives to the service provider. Thus, the parties agree that the service provider cannot be held liable for the unsuitability of a service to the needs and information expressed by the client. The Service Provider shall only be liable for the services expressly assigned to it under the present contract. The Service Provider shall not be liable for any damage caused by the communication network or by any failure of the Customer's Internet access. Finally, the Service Provider's liability shall be limited to direct damages attributable to the Service Provider in connection with the performance or non-performance, even partial, of its obligations under the Agreement, indirect damages being excluded. Thus, the service provider cannot be held liable for any indirect damage, loss of opportunity, loss of data, damage to image or any other special damage or events outside its control or any fact not attributable to it.
The Provider holds a professional liability insurance policy to cover direct material or immaterial damage that he may cause within the framework of this Contract: Professional Liability: Lloyd's Insurance Company SA - Contract number: AMARK 5015 R, Operating Liability: Generali Assurances - Contract number AH095486, contracts taken out with the Gerbault insurance firm, chemin de la Torcerie 37170 Chambray Les Tours. The service provider cannot be held responsible for damage caused by a client's negligence, in particular if he/she has not revealed to the service provider the existence of contraindications affecting him/her during the first session or during subsequent appointments in the event of changes in his/her personal state of health.
10- Personal data
In the context of the provision of services under this contract, the service provider has access to the client's personal data. All of the client's personal data processed by the service provider within the framework of the contract are subject to a processing policy in accordance with the provisions of Law n°78-17 of 6 January 1978 (known as the "Data Protection Act" or "LIL") and the General Regulation on the Protection of Personal Data ("RGPD") n°2018/493 of 20 June 2018. The Customer acknowledges having read this personal data processing policy at the latest when concluding this Contract and accepts its terms without reservation.
11- Intellectual property
Isabelle Malinge is the owner of the intellectual property rights on all the elements visible on the www.isabelle-malinge.fr website, in particular: texts, images, photos, graphics, logos. Any reproduction, representation, modification, publication, adaptation or exploitation of all or part of the www.isabelle-malinge.fr website is forbidden on any medium whatsoever and in any manner whatsoever, except with the written consent of Isabelle Malinge.