TERMS OF SALES
Article 1: object
These conditions of sale aim to define the contractual relationship between Bio'n'heur & Sérénité and the buyer and the conditions applicable, without restriction or reservation, to any purchase of products and/or services offered by Bio'n 'heur & Sérénité, sole proprietorship registered by Flora MARAIS under number SIREN 789 748 704 at the RCS of Lorient and CMA of Lorient.
The acquisition of a product and/or a service through this site implies unreserved acceptance by the buyer of these conditions of sale, which the buyer acknowledges having read prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of a product and/or service on the site www.bionheur-et-serenite.com is not directly related to his professional activity and is limited to a strictly personal use and on the other hand have full legal capacity, allowing him to engage under these general conditions of sale.
Bio'n'heur & Sérénité retains the possibility of modifying these conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. Therefore, the applicable conditions will be those in force on the date of the order by the buyer.
Any document other than these T&Cs and in particular advertisements, prospectuses, flyers, etc., has only informative value of the activity offered by Bio'n'heur & Sérénité and is non-contractual.
ARTICLE 2. Products and Services
A - Products
The products offered are those which appear on the site www.bionheur-et-serenite.com, within the limits of available stocks. Bio'n'heur & Sérénité reserves the right to modify the assortment of products at any time. Each product is presented on the website in the form of a description containing its main technical characteristics. The photographs are as accurate as possible but not contractual and in no way bind Bio'n'heur & Sérénité. The sale of the products presented on the site www.bionheur-et-serenite.com is intended for all buyers residing in countries which fully authorize the entry into their territory of these products.
B - Services
The purpose of the activity of Bio'n'heur & Sérénité carried out by Flora MARAIS is exclusively the well-being of the person. In accordance with the legislation in force, the well-being massages, the energy treatments as well as the individual accompaniments practiced by Flora MARAIS in the absence of diagnosis and therapeutic treatment, are in no way similar, neither in the contents nor in the objectives, to the practice of masso-kinesitherapy, as well as to any medical, therapeutic or sports practice. These are wellness and relaxation techniques only. Are also excluded from the activity of Bio'n'heur & Sérénité all services of an erotic or sexual nature. Any inappropriate behavior towards Flora MARAIS may be the subject of legal proceedings.
The Services offered by Bio'n'heur & Sérénité are available on the website www.bionheur-et-serenite.com. Flora MARAIS reserves the right to make, at any time, improvements and modifications that it deems useful without however being required to make them to the Services already carried out or in the process of being ordered.
C - Conditions of performance of the Services
Bio'n'heur & Sérénité intervenes only by appointment at the customer's home, in the workplace, in schools or leisure, in health establishments (hospitals, clinics, retirement homes, etc.) or in all places receiving the public (events, fairs, congresses, etc.). If it is impossible to provide the Services to a client, Bio'n'heur & Sérénité reserves the right - exceptionally - to offer the realization of the desired well-being massage at the address of the offices of Flora MARAIS.
The Services are offered from Monday to Saturday and occasionally on Sundays and public holidays depending on demand on the dates and places fixed by mutual agreement between the Bio'n'heur & Sérénité customer.
The customer undertakes to provide Bio'n'heur & Sérénité with a minimum space whose hygiene, calm and safety conditions are compatible with the performance of the chosen service (minimum space of 10m² for massages well -be).
During well-being massage sessions, Bio'n'heur & Sérénité provides the client with all the necessary professional equipment (massage table, protective linen, towels, massage oils, etc.).
Appointments will be made by phone, email or contact form. All the contact details needed to make an appointment are available on the website www.bionheur-et-serenite.com.
The duration of the services indicated on the website does not take into account the installation time of the equipment for the massages and the workshops, dressing and undressing for the massages. This is why it is recommended to plan an additional 15 to 30 minutes in addition to the time indicated for the service.
D - CONTRAINDICATIONS to wellness massages
Each customer must comply with the advice and recommendations of Bio'n'heur & Sérénité, particularly in terms of contraindications to wellness massages.
Indeed, on reading these GCS, the customer is informed and accepts that it is contraindicated to give a well-being massage, without prior medical advice, to people suffering, without this list being exhaustive, from pathologies severe (heart problems, kidney failure, cancer, etc.), nervous disorders (epilepsy, etc.), severe diabetes.
There are absolute contraindications: phlebitis (even recent), high fever, on a fibroid or a tumour, during chemotherapy, following major surgery.
Finally, there are restrictions relating to massage in the following cases (the areas concerned being prohibited): injury (acute inflammation, muscle tear, recent or painful scar, wound), major circulatory disorder, tendonitis or dislocation, herniated disc, acute attack osteoarthritis or arthritis, hematomas, covering skin conditions (oedema, dermatosis, infected eczema) or contagious.
In case of allergies, the customer agrees to inform Bio'n'heur & Sérénité when making an appointment.
In the event of pregnancy, it is recommended that the client seek prior advice from her doctor, gynecologist or midwife and inform Bio'n'heur & Sérénité when making an appointment.
To ensure that her client is fit to receive a well-being massage, Flora MARAIS will have her sign a document recalling the contraindications mentioned above during the first appointment. The customer will also attest by his signature that he has nothing to declare on his state of health which would not be compatible with the realization of a well-being massage on his person without medical opinion and declares to inform Flora MARAIS beforehand of any changes in his state of health during future appointments.
Consequently, Bio'n'heur & Sérénité reserves the right to refuse at any time, a client whose state of health is not compatible with the realization of a wellness massage on his person without prior medical advice.
Similarly, massage sessions will only be offered to adults or minors in the presence of a parent or holders of authorization from their legal representative to practice wellness massage.
ARTICLE 3. Prices
The prices appearing on the product and service sheets of the internet catalog are prices in Euros (€) all taxes included (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be passed on to the price of the products. Bio'n'heur & Sérénité reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order or the appointment will be the only one applicable to the buyer. The prices indicated do not include delivery costs, invoiced in addition to the price of the products purchased according to the total amount of the order.
A - As part of a home service or for any service carried out without a prior written contract between the parties or a signed quote equivalent to an order form
Payment for the Service must be made by bank card or in cash at the start of the appointment.
In case of cancellation of an appointment, the customer must do so by email at least 24 hours before the latter. Any appointment not canceled within this period may be subject to invoicing.
B - Gift cards
The customer has the option of purchasing a Gift Card for a third-party beneficiary by simple order by telephone, e-mail or via the online store (all contact details appearing on the website www.bionheur-et-serenite. com). For this, Bio'n'heur & Sérénité must be informed of the massage, treatment, individual support or workshop desired or of the value of the Gift Card (the third party beneficiary has the choice of the desired Service ), the name and surname of the customer, his telephone number, his complete postal address (failing this, Bio'n'heur & Sérénité cannot be held responsible for the failure to deliver) as well as the surname and first name of the third party beneficiary .
It is only after receipt and collection of payment (by bank card or in cash) from the customer that the Gift Card will be sent to him by post (no additional costs will be charged for sending). The third party beneficiary can then make an appointment with Bio'n'heur & Sérénité by indicating the code mentioned on the back of the Gift Card.
A withdrawal period of 14 working days from receipt of payment from the customer is provided without proof or penalty. To give rise to a refund, the original Gift Card must be returned by post within this 14-day period to the following address: Bio'n'heur & Sérénité – Flora MARAIS – 11 rue de l'Étang, 56260 Larmor-Plage .
Bio'n'heur & Sérénité will refund the sums paid by the customer within a maximum period of 30 (thirty) days from receipt of the original Gift Card, excluding postage.
The date of validity of the Gift Card is indicated on it. It will not be replaced or refunded in the event of loss, theft, or expiry. As part of a Gift Card, the scheduled appointment may be canceled and modified at no additional cost once, if the person notifies Bio'n'heur & Sérénité, by email only, at least 24 hours before the date initially scheduled. . Otherwise, no refund can take place and the Gift Card will no longer be valid.
C - Services requiring a personalized estimate (events, exhibitions, congresses, etc.) and which are not the subject of a framework contract for the provision of services between the parties
The quote is valid for one month from the date of issue thereof.
The estimate and the GCS signed by the customer are valid for agreement and purchase order. The quote and the signed T&Cs must be accompanied by a payment of 30% of the total amount indicated on the quote. The payment of this deposit will be made by check, credit card or bank transfer.
Except for an additional payment period agreed by agreement between the two parties and appearing on the invoice, the balance of the payment is made in cash within a maximum period of 15 (fifteen) days following the date of issue of the invoice, by check, credit card or bank transfer. In the event of late payment, a penalty set at 15% of the amount of the invoice, per month of late payment, is payable without a reminder being necessary, from the day following the payment deadline.
Any request for postponement or cancellation by the customer must reach Bio'n'heur & Sérénité at least 15 (fifteen) working days before the fixed date. Failing this, Bio'n'heur & Sérénité will be entitled to invoice, as compensation, 50% (fifty percent) of the total amount of the invoice, before deduction of the deposit received.
If the cancellation occurs within 7 (seven) working days before the fixed date, Bio'n'heur & Sérénité will be entitled to invoice, as compensation, 75% (seventy-five percent) of the total amount of the invoice, before deduction of the deposit received.
In the event of cancellation on site or the day before, the compensation will be 100% (one hundred percent) of the amount of the Service provided.
In the event of cancellation at the initiative of Bio'n'heur & Sérénité and if no replacement date has been agreed, the latter will reimburse the customer for the deposit received within a maximum period of 8 (eight) days.
ARTICLE 4. Incapacity for work
In the event of temporary physical incapacity, following Flora MARAIS's illness or accident, Bio'n'heur & Sérénité reserves the right to reschedule new dates of intervention in consultation with the client without it being able to be required by the latter to pay compensation.
In the event of the practitioner's permanent physical incapacity, any type of contract or commitment with Bio'n'heur & Sérénité customers will be terminated automatically without it being possible to claim Bio'n'heur & Serenity a compensatory indemnity. Deposits received will be returned to the customer within a maximum period of 8 (eight) days following the termination of the contract.
ARTICLE 5. Place of intervention
Bio'n'heur & Sérénité deploys its activity, at no additional cost, within a limit of 20 km around Lorient. Beyond and unless agreed between the parties, travel costs will be invoiced in addition to the prices indicated on the website on the basis of 30 euro cents per additional kilometer.
Occasional trips across France are also possible, on special request.
ARTICLE 6. Order and terms of payment
Before any order, the buyer must create an account on the site www.bionheur-et-serenite.com. At each visit, the buyer, if he wishes to order or consult his account (order status, profile, etc.), must identify himself using his information. Bio'n'heur & Sérénité offers the buyer to order and pay for his products in several stages, with:
– Secure payment by PayPal or credit card (via the PAYPAL system): the buyer selects the products he wishes to order in the "basket", modifies if necessary (quantities, references, etc.), checks the delivery address or report a news. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the method of payment of his choice: "Payment by PayPal". The next step offers him to check all the information, read and accept these general terms and conditions of sale by ticking the corresponding box, then invites him to validate his order by clicking on the "Confirm my order" button. Finally, the buyer is redirected to the secure PAYPAL interface in order to securely inform his PayPal account or bank card references. If the payment is accepted, the order is recorded and the contract definitively formed. Payment by PayPal account or credit card is irrevocable. In case of fraudulent use of it, the buyer may demand the cancellation of the payment by card, the sums paid will then be credited or returned. The responsibility of the holder of a credit card is not engaged if the disputed payment has been proven to have been made fraudulently, remotely, without physical use of his card. To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must contest, in writing, the direct debit from his bank, within 70 days following the transaction, or even 120 days if the contract binding him to the latter so provides. The amounts debited are reimbursed by the bank within a maximum period of one month after receipt of the written dispute filed by the bearer. No cost of restitution of the sums can be charged to the holder.
The confirmation of an order entails acceptance of these conditions of sale, the recognition of having perfect knowledge of them and the renunciation of availing oneself of its own conditions of purchase. All the data provided and the recorded confirmation will constitute proof of the transaction. If the buyer has an e-mail address and if he has entered it on his order form, Bio'n'heur & Sérénité will communicate to him by e-mail the confirmation of the registration of his order.
To contact Bio'n'heur & Serenity:
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by post to the following address: Bio'n'heur & Sérénité – Flora Marais – 11 rue de l'Étang – 56260 Larmor-Plage
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by e-mail to the following address: bionheur.et.serenite@gmail.com
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by phone at 06.65.01.01.15
ARTICLE 7. Retention of title
Bio'n'heur & Sérénité retains full and complete ownership of the products sold until full payment of the price, including costs and taxes.
ARTICLE 8. Withdrawal
Under Article L121-20 of the Consumer Code, the buyer has a period of fourteen (14) working days from the delivery of their order to exercise their right of withdrawal and thus return the product. to the seller for exchange or refund without penalty, except for return shipping costs.
ARTICLE 9. Delivery
Deliveries are made to the address indicated on the order form which can only be in the agreed geographical area. Orders are made by La Poste or Mondial Relay depending on the choice of the buyer. Delivery times are only given as an indication; if these exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed. In the event of a tracked package, Bio'n'heur & Sérénité will be able to provide the buyer with the tracking number for their package by e-mail. The buyer is delivered by La Poste to his home by his postman. In the event of the buyer's absence, he will receive a delivery notice from his postman, which allows him to withdraw the products ordered from the nearest post office, for a period indicated by the postal services. The buyer is having chosen Mondial Relay will be delivered to the relay point of his choice. The risks associated with transport are the responsibility of the purchaser from the moment the items leave the premises of Bio'n'heur & Sérénité. The buyer is required to check in the presence of the employee of La Poste, the delivery person, or the relay point, the condition of the packaging of the goods and its contents on delivery. In the event of damage during transport, any protest must be made to the carrier within three days of delivery.
ARTICLE 10. Liability
Bio'n'heur & Sérénité in the distance selling process is only bound by an obligation of means. It cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.
Flora MARAIS has taken out professional civil liability and operating risk insurance with a notorious company.
It is specified that Flora MARAIS cannot be held liable in the event of damage linked to the negligence of a customer, in particular if he has not revealed to Flora MARAIS the existence of contraindications affecting him, whether it is when signing the information document aimed at alerting him to the applicable contraindications, or subsequent appointments in the event of changes in his personal state of health.
ARTICLE 11. Intellectual property
All elements of the www.bionheur-et-serenite.com website are and remain the exclusive intellectual property of Flora MARAIS. No one is authorized to reproduce elements of the site on their behalf, whether in the form of a photo, image, graphic design, logo, visual or text.
The sheets sold on the site www.bionheur-et-serenite.com cannot be reproduced. Under no circumstances is the transmission or resale of these PDF files by buyers permitted.
Flora MARAIS also holds the intellectual property rights of the Bio'n'heur & Sérénité brand.
Any reproduction, representation, modification, publication, adaptation or exploitation of all or part of the Bio'n'heur & Sérénité brand or other elements of the site www.bionheur-et-serenite.com is prohibited on any medium whatsoever and any way whatsoever except with a written agreement from Flora MARAIS.
ARTICLE 12. Personal data
Bio'n'heur & Sérénité undertakes to preserve the confidentiality of the information provided by the buyer that he would have to transmit for the use of certain services. In France, personal data is notably protected by law n° 78-87 of January 6, 1978, law n° 2004-801 of August 6, 2004, article L. 226-13 of the Penal Code and the European Directive of October 24, 1995.
As such, the user has a right to access, modify and delete information concerning him. He can request it at any time by mail to the following address: Flora MARAIS – 11 rue de l'Étang – 56260 Larmor-Plage or by email to the following address: bionheur.et.serenite@gmail.com.
ARTICLE 13. Settlement of disputes
These T&Cs are subject to French law. In the event of a dispute, the parties undertake to seek an amicable solution before any legal action. Failing this, any dispute arising with a customer who is a trader and which is linked to the interpretation, execution or validity of these GCS will be subject to the exclusive jurisdiction of the courts of Lorient (56 - Morbihan). For all other customers, the provisions of the Code of Civil Procedure will apply.
Last modifications made on 01/01/2023