TERMS AND CONDITIONS OF SALE
PREAMBLE
The www.leyogascope.com website (hereinafter referred to as "the Site") is published by YOGASCOPE (hereinafter referred to as "the Vendor"), a simplified joint stock company with share capital of €7,500, whose registered office is located at 37, rue des Epinettes - 75017 PARIS, registered with the PARIS Trade and Companies Register under number 842 261 760, and registered with the ATOUT FRANCE register of travel and holiday operators under number IM075190003.
Seller's individual intra-community identification number: FR88842261760
In accordance with Article L.441-6 of the French Commercial Code, the present General Terms and Conditions of Sale (hereinafter referred to as "the GTCS") constitute the sole basis of the commercial relationship between the Vendor and users placing orders on the Site (hereinafter referred to as "Customers").
The General Terms and Conditions of Sale define all the respective contractual rights and obligations of the Vendor and any Customer in the context of distance selling and by electronic means of tourist services such as stays, trips, retreats, seminars, training courses, events, workshops, workshops organized and marketed by the Vendor (hereinafter referred to as "the Services").
The GTC exclusively govern the relationship between the Seller and the Customer and apply to all Services without restriction or reservation.
No special conditions, such as those appearing on purchase orders, or the customer's general terms and conditions of purchase, may, without the prior written agreement of the Vendor, override the application of the GTCS, or apply concurrently with them.
In accordance with the regulations in force for online sales, the GTC are continuously and durably available to all users of the Site, and can be consulted in the corresponding section.
All definitive orders for Services imply the Customer's full and unreserved acceptance of these GCS.
The General Terms and Conditions of Sale may be modified at any time by the Vendor, and will apply to any order placed after the date of modification, including any complementary or related order placed prior to the modification.
In the event of doubt concerning any of the terms and conditions of sale, the practices in force in the distance selling sector by companies whose registered office is in France and the French Consumer Code shall apply.
ARTICLE 1. ONLINE OFFER
The information given on the Site concerning the Services, rates, payment conditions and cancellation conditions constitutes the preliminary offer within the meaning of article L.211-8 of the French Tourism Code.
Through the Site, the Vendor provides the Customer with an online catalog presenting and describing the Services in an accurate manner.
The Services are presented and described as accurately as possible, but for information only. Consequently, the Vendor cannot be held liable for any errors or omissions in the presentation and description of each Service.
Services are offered subject to availability.
The Vendor draws the attention of all potential Customers to the need to enquire, before ordering the Service, as to their ability to benefit from it by taking all the precautions that their state of health requires, so that the Vendor cannot be held responsible in the event of an incident or accident suffered by the Customer in question.
ARTICLE 2. PRICES
The applicable rates and taxes for the sale of Services are specified in the online catalog.
The prices mentioned on the Site are indicative and include all taxes, which are included in the price displayed for the amount known on the day of consultation, which may be different from that taken into account at the time of the order by the Customer.
Unless otherwise stated in the description on the Site, the price displayed for each Service is all-inclusive and never includes :
- transportation,
- tourist taxes, visa fees,
- meals, drinks, extras, cabs, tips and porter fees,
- insurance or repatriation assistance.
The Seller reserves the right to modify its prices at any time by publishing them online.
Only the prices in force at the time of the Customer's order will apply, subject to availability of the Services at that date.
Any change in taxes (VAT, air taxes, etc.) will be reflected in the price of services on the day of the order or retroactively in accordance with legal provisions.
In accordance with the provisions of article L.211-12 of the French Tourism Code, the price to be paid by the customer once the order has become final may be revised upwards or downwards to take account of variations in the cost of transport, linked in particular to the cost of fuel, fees and taxes relating to the services booked, and the exchange rate applied to the trip or stay in question.
However, for customers who have already placed a definitive order, no price change may be applied during the thirty (30) days prior to the scheduled departure date.
ARTICLE 3. ONLINE ORDERING
To place an order, the Customer fills in an online order form. By completing the said electronic form, the Customer accepts the Seller's initial offer, and in particular the price and description of the Services.
The Customer must accept the GTCS by clicking where indicated for the order to be definitively validated.
The Customer must provide a valid e-mail address when placing the order and acknowledges that any exchange with the Vendor may take place via this address. As the delivery of travel documents and all information relating to the Service is carried out by e-mail, the Customer must consult his e-mail box regularly.
The Customer must validate the total amount of the order (all taxes included), which will be indicated before final validation of the order form, as well as the method of payment.
The Customer must inform the Vendor, in writing and prior to any order, of any particularity concerning him/her that may affect the smooth running of the Service (persons with reduced mobility with or without a wheelchair, special diet, presence of an animal, etc.).
The Customer will only be able to place an order for the Event once the Customer has confirmed the availability of the chosen Event.
ARTICLE 4. ORDER CONFIRMATION AND PAYMENT
This is an order with a payment obligation, which means that placing the order implies payment by the Customer.
1. PAYMENT
The Customer makes the payment at the time of the final validation of the order by specifying his credit card number.
The Customer guarantees the Vendor that he/she has the necessary authorizations to use this method of payment and acknowledges that the information given to this effect is proof of his/her consent to the sale as well as the payability of the sums due for the order.
In the event of dispute or fraudulent use of the bank card without physical use of the bank card (use of the bank card number), any person may dispute the payment within sixty (70) days from the date of the transaction by transmitting a claim in the following manner, so that the Seller will bear the costs of the sale and return the disputed sum:
By email to: info@leyogascope.com
Any complaint not made in accordance with the above rules and within the specified time limits will not be taken into account and will release the Vendor from all liability.
The Vendor has implemented a procedure for verifying orders and means of payment in order to reasonably guarantee against any fraudulent use of a means of payment, including by requesting identification data from the Customer.
In the event of refusal to authorize payment by credit card by the accredited organizations or in the event of non-payment, the Vendor reserves the right to suspend or cancel the order of the Customer in question.
The Vendor also reserves the right to refuse an order from a Customer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.
2. CONFIRMATION
As soon as the order and payment have been validated by the Customer, the Vendor will send the Customer an e-mail to the e-mail address specified by the Customer:
- an order confirmation,
- an invoice confirming payment.
In the event of unavailability of a Service after order confirmation and payment, the Vendor will inform the Customer by e-mail as soon as possible in order to cancel the order in question and refund the relevant price.
In accordance with article L.221-28 of the French Consumer Code, sales of tourist services are not subject to the right of withdrawal provided for in articles L.221-18 et seq. of the French Consumer Code concerning distance selling.
Consequently, any order for a Service placed via the Site is final for the Customer. Cancellation will only be possible in compliance with the cancellation conditions mentioned in article 7.2 below.
For any question relating to the follow-up of an order, the customer may contact customer service at the following address:
By e-mail to the following address: info@leyogascope.com,
or by post to the following address: 37 rue des Epinettes, 75017 Paris.
ARTICLE 5. ELECTRONIC SIGNATURE
In accordance with the provisions of Law no. 2000-230 of March 13, 2000, the online provision of the Customer's credit card number and the final validation of the order constitute proof of the Customer's agreement, of the payability of the sums due in respect of the order, as well as the signature and express acceptance of all operations carried out.
ARTICLE 6. PROOF OF TRANSACTION
Communications, orders and payments between the Customer and the Vendor may be proven by means of computerized registers stored in the Vendor's computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
ARTICLE 7. MODIFICATION - CANCELLATION - INTERRUPTION BY THE CUSTOMER
1.MODIFICATION OF TRAVEL SERVICES
Any modification to the order requested by the Customer (e.g.: number of people, meals, courses, etc.) and directly concerning the Service ordered is subject to the Vendor's agreement and to existing availability. Should the Vendor be unable to make the requested modification, the initial order will remain in full force and effect.
Any modification accepted by the Vendor entails the payment by the Customer of a minimum of fifty (50) euros in handling fees, in addition to the actual costs inherent in the modification itself, which will be invoiced by the Vendor and of which the Customer will be informed in advance.
Changes requested on site by the customer are not normally accepted. However, in the event of a modification accepted by the Vendor, any additional costs incurred by the Customer must be paid directly on site.
2.CANCELLATION OF TRAVEL SERVICES
Customers wishing to cancel their order before the start of the Service must provide the Vendor with written reasons for their cancellation.
If the Customer cancels the order before the start of the Event and/or does not take part in the Event ordered, the Customer will be liable to pay compensation to the Vendor for the steps taken and costs incurred, in accordance with the scale below:
- request for cancellation more than 60 days before departure: 10% of the total amount of the order + €50 handling fee
- cancellation between 60 and 46 days prior to departure date: 30% of total order + €50 handling fee
- request for cancellation between 45 and 30 days before departure date: 50% of total order + €50 handling fee
- cancellation less than 30 days before departure or no-show: 100% of the total order + €50 handling fee
3.INTERRUPTION
No reimbursement will be made for any interrupted, shortened or unused Service, whatever the cause, even in the event of repatriation, except in the event of force majeure as defined in article 11 below, and unless this is the fault of the Vendor or one of its service providers.
4.MODIFICATION OF VIRTUAL SERVICES
Any modification of the order requested by the Customer (e.g. exchange of options for the same product, etc.) and directly concerning the Service ordered is subject to the Vendor's agreement and to existing availability. Should the Vendor be unable to make the desired modification, the initial order will remain in full force and effect.
Modifications requested by the customer are not normally accepted. However, in the event of a modification accepted by the Vendor, any additional costs incurred by the Customer must be paid in advance of the modification.
4.CANCELLATION OF VIRTUAL SERVICES
No cancellation of virtual services (online courses, virtual internships, etc...) can be requested once payment has been made.
ARTICLE 8. MODIFICATION - CANCELLATION - INTERRUPTION BY THE SELLER
1.MODIFICATION
In the event of modification of one of the elements of the Service ordered by the Vendor, only the destination, price and dates may be considered, by express agreement between the parties, to be essential elements of the order.
Consequently, any modification made by the Vendor which does not affect such an essential element of the order (e.g. accommodation, meal supplier, teachers, etc.) shall in no circumstances justify any claim for compensation or cancellation on the part of the Customer.
2.CANCELLATION
In the event of cancellation of the Service ordered by the Vendor, and except in the event of force majeure as defined in article 11 below, the Vendor will reimburse the Customer for all sums paid by the latter at the time of the order, to the exclusion of all others and without being able to claim any compensation.
All costs incurred by the Customer prior to the Seller's cancellation, such as visa fees, transport costs, pre- and post-carriage costs (purchase of air, rail, sea or other tickets), vaccination costs, etc., shall not give rise to any reimbursement or compensation whatsoever.
ARTICLE 9. FORMALITIES
It is the sole responsibility of the Customer to check that the various documents required for the use of the Service ordered, for example in relation to boarding (national identity card or passport, driving license, etc.) are valid. The identity document used must be in the same name as the ticket.
Failure by the Customer to comply with administrative and/or health requirements for crossing borders, resulting in the Customer being denied boarding or the Service being interrupted, shall not justify any reimbursement or compensation from the Vendor.
ARTICLE 10. CLAIMS
Any complaint concerning the conditions of performance of the Service must be made :
- without delay, on the spot and in writing, to the persons accredited by the Seller,
- and directly to the latter at the following address: info@leyogascope.comfor immediate processing.
After questioning the Vendor and failing a satisfactory response within sixty (60) days, the Customer may refer the matter to the Tourism and Travel Mediator at the following address: Médiation Tourisme et Voyage (MTV) BP 80303 75823 Paris Cedex 17 (www.mtv.travel).
ARTICLE 11. FORCE MAJEURE
The parties will be released from their obligations in the event that a circumstance constituting a case of force majeure, as defined by article 1218 of the French Civil Code, prevents their performance. The obligations of the parties will then be suspended ipso jure without compensation from the date of occurrence of the event.
The party invoking such a circumstance must notify the other party immediately by any means, including telephone and e-mail.
Force majeure is defined as any irresistible, unforeseeable, unavoidable event or circumstance that cannot be prevented by the latter, despite all reasonable efforts, as defined by French case law, and in particular, the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, epidemics, wars, and the stoppage of telecommunication networks.
If the Service cannot be carried out or continued by the Vendor, the order will be cancelled and the Customer will not be entitled to claim any compensation or indemnity from the Vendor, who will, however, repay any unspent sums still held by him, or for which he has obtained reimbursement in the name and on behalf of the Customer.
ARTICLE 12. PARTIAL NULLITY
Should one or more of the stipulations of the GTC be declared null and void by application of the law, a regulation or a final decision of a French court, the other stipulations will retain all their force and scope.
ARTICLE 13. APPLICABLE LAW AND COMPETENT JURISDICTION
The Vendor is established in France in a stable and lasting manner in order to effectively carry out its activity, regardless of where the Services are performed.
The GTC are subject to French law.
In the event of a dispute or claim, the Customer shall first contact the Vendor to try to find an amicable solution.
Failing amicable agreement, the dispute will be brought before the French courts in accordance with the jurisdiction rules in force.
Enjoy your visit to YOGASCOPE!