Terms and conditions | SCOLIOLISTIK

TERMS AND CONDITIONS OF USE AND SALE (CGU / CGV)

This document details the General Terms and Conditions of Use (CGU) and the General Terms and Conditions of Sale (CGV) applicable to the entire website www.scoliolistik.com (hereinafter referred to as "the Site").

🇬🇧 English Version (Courtesy Translation)

Please note: This document is a courtesy translation of the official French Terms and Conditions (CGU/CGV). In the event of any conflict, discrepancy, or contradiction between this translation and the French version, the French text shall sole prevail and be legally binding. The contract is governed exclusively by French law.

PART I: GENERAL TERMS AND CONDITIONS OF USE (CGU)

PREAMBLE & PURPOSE

These General Terms and Conditions of Use (hereinafter "CGU") define the terms and conditions for accessing, browsing, and using the Site by any internet user (hereinafter "the User").

The Site provides information about yoga, free downloadable educational content, access to a secure community exchange space (forum), and the ability to purchase paid yoga classes, online (live or recorded) and in-person.

Accessing and browsing the Site implies the full, complete, and unreserved acceptance of these CGU by the User. If the User does not accept all or part of these CGU, they must immediately cease using the Site and all associated services.

The Publisher of the Site, operating under the status of Sole Proprietor (Entrepreneur Individuel - EI), reserves the right to modify these CGU at any time and without notice. Users are advised to regularly consult the latest version of the CGU in force on this page.

Article 1 – Definitions

For the interpretation and execution of these CGU and CGV, the terms below are defined as follows:

The Publisher / The Provider: Refers to Léa Maison Sole Proprietor (EI), publisher of the Site and provider of yoga classes and free or paid content.
The Site: Refers to the website accessible at www.scoliolistik.com, including all pages, features, the forum, as well as the sales and viewing areas.
The User: Refers to any natural or legal person who accesses, browses, or uses the Site, whether as a simple visitor or a client.
The Member: Refers to any User who has created a personal space (client account) on the Site to access the secure forum or manage their interactions.
The Client: Refers to the User (an adult or the legal representative of a minor) who has purchased a paid service (single class, class pass, or monthly subscription) on the Site.
The Content: Refers to all textual, visual, audio, video elements, e-books, educational sheets, or graphics published on the Site, whether free or paid.

Article 2 – Access to the Site and Services

The Site is accessible free of charge to any User with internet access. All costs related to accessing the Site (computer hardware, software, internet connection) are the sole responsibility of the User.

The Publisher endeavors to ensure access to the Site 24 hours a day, 7 days a week, except in cases of force majeure, technical breakdown, or maintenance interventions necessary for the proper functioning of the Site. The Publisher cannot be held responsible for any damage resulting from the unavailability of the Site.

Article 3 – Personal Space / Client Account

Access to certain features, including using the forum and accessing purchased yoga classes, requires the creation of a client account.

The User agrees to provide accurate, complete, and up-to-date information upon registration. The User is solely responsible for the confidentiality and security of their login credentials (email and password). Any access to the account using these credentials is deemed to have been carried out by the User themselves. In the event of loss or theft of their credentials, the User must immediately inform the Publisher by email at [Your Email].

Article 4 – Medical Disclaimer and Limitation of Liability

4.1. Nature of content and services: All content, information, advice, exercises, educational sheets, e-books, or videos offered on the Site, whether free or paid, are provided solely for educational, informational, and general well-being purposes. They are based on the global teaching and practice of yoga.

4.2. Absence of medical advice: This content and these services do not under any circumstances constitute, and must never be interpreted as, medical advice, a diagnosis, a prescription, or a medical or therapeutic treatment protocol. The Sole Proprietor does not practice any regulated health profession.

4.3. Obligation of medical follow-up: The content and services provided do not replace a consultation or medical treatment by a qualified healthcare professional. The User is solely responsible for their physical condition. It is their responsibility to consult a doctor before undertaking any new physical practice, especially if they suffer from an illness, injury, or in case of pregnancy.

4.4. Exclusion of liability: The Publisher cannot be held responsible for any injury, accident, worsening of a health condition, or damage resulting from the incorrect execution of postures, a misunderstanding of free or paid content, or the failure of the User to comply with safety instructions.

Article 5 – Free Downloadable Content

5.1. Limited user license: The Publisher grants the User a private, personal, non-transferable, and non-exclusive right to use the Free Content made available on the Site (guides, e-books, sheets). The User agrees to use them exclusively for their personal practice.

5.2. Prohibition: It is strictly forbidden to copy, reproduce, modify, distribute, sell, or commercially exploit the Free Content or any part of it without the prior written consent of the Publisher.

Article 6 – Use of the Secure Forum

6.1. Security: Access to the forum is secured by data encryption protocol (HTTPS) and reserved for logged-in Members.

6.2. Code of Conduct: The forum is a benevolent space for exchange. The User agrees that their publications will comply with applicable laws. The following are strictly prohibited under penalty of immediate ban: insulting, defamatory, racist, or sexist remarks; harassment or disparagement of other members or the teacher; spam and commercial solicitation.

6.3. Prohibition of medical practice: It is strictly forbidden for Users to make diagnoses, prescribe treatments, or provide advice akin to medical advice to other members on the forum. Any message of this nature will be deleted.

6.4. Moderation and Liability: The Publisher acts as a host. They reserve the right to moderate, modify, or delete any non-compliant message without notice, as well as to permanently close a User's account in the event of a breach. The User is solely responsible for the content they publish.

Article 7 – Intellectual Property

7.1. Protection of the Site: The general structure of the Site, as well as all Content (texts, graphics, logos, videos of live or recorded classes, educational tools) are the exclusive property of the Publisher or its partners and are protected under copyright and intellectual property laws.

7.2. Prohibition of exploitation: Any reproduction, representation, modification, or distribution of all or part of the elements of the Site or the Content, by any process whatsoever, without the prior written authorization of the Publisher is strictly prohibited.

7.3. Videos and member spaces: The Client is strictly forbidden from capturing, recording, downloading, publicly broadcasting, or sharing with third parties their access credentials or the viewing links for classes (lives or replays) provided by the Provider. Any breach constitutes an act of infringement liable to civil and criminal penalties.

PART II: GENERAL TERMS AND CONDITIONS OF SALE (CGV)

Article 1 – Identity of the Seller and Application

The contract is concluded with [Your First Name] [Your Last Name]

, exercising under the status of Sole Proprietor (imperatively designated by the mention [Your First Name] [Your Last Name] EI), hereinafter referred to as "the Provider" or "the Sole Proprietor".

Registered Office Address: 23 av. Emmanuel Maignan, 31200 Toulouse
SIRET Number: 89228771500015
Email Address: lea.scoliolistik@gmail.com
Telephone: 0788799087

These General Terms and Conditions of Sale (CGV) apply to all transactions concluded through the Provider's website for the purchase of single yoga classes, class passes, or monthly subscriptions (online and in-person). Any purchase implies the unreserved acceptance of the CGV by the Client.

Article 2 – Characteristics of Services and Access for Minors

2.1. Nature of services: The Provider offers in-person yoga classes, live classes via videoconferencing (Lives), and digital content on demand (Replays/VOD). Technical access terms (platform used, required software) are detailed on the Site.

2.2. Access for minors: The purchase of services and access to classes for minors are strictly conditional on the subscription by their legal representative or the provision of written authorization, signed and dated by parents or guardians.

In-person: The Provider is responsible for the minor only during the strict duration of the yoga class. Parents must accompany the child to the class room and ensure the presence of the teacher before leaving them.
Online: The practice of online yoga by a minor must be carried out under the sole supervision of an adult, guarantor of the safety of their physical environment.

Article 3 – Pricing and Payment Terms

3.1. Prices: Prices for our formulas are indicated on the Site in Euros (€). Under Article 293 B of the French General Tax Code, VAT is not applicable on the displayed rates (mandatory mention: "TVA non applicable - article 293 B du CGI"). The Provider reserves the right to change prices at any time.

3.2. Payment terms: Services are payable by credit card or automatic debit depending on the chosen option. Payment is fully secured by our payment provider. The debit is immediate upon ordering.

Article 4 – Management of Monthly Subscriptions and Online Cancellation

4.1. Automatic renewal: Monthly subscriptions are concluded for a period of one (1) month and automatically renew from month to month. In accordance with French regulations (Loi Chatel), the Client is notified by dedicated email at least one month before each renewal date of their option not to renew the contract.

4.2. Online Cancellation Device ("3 clicks"): The Client can cancel their monthly subscription at any time, free of charge, via the simplified cancellation feature available on the Site. To do this, the Client must:

Log in to their personal space ("My Account") and click on the button "Résilier mon abonnement" (Cancel my subscription).
Confirm their identity and the subscription concerned.
Validate definitively by clicking on the mention "Confirmer ma demande de résiliation" (Confirm my cancellation request).
4.3. Effective date: The cancellation request takes effect at the end of the current monthly billing period. To avoid being charged for the following month, the request must be validated at least [Number, e.g., 5] business days before the anniversary date of the debit. A confirmation email is automatically sent to the Client.

Article 5 – Right of Withdrawal and Express Waiver

5.1. General principle: For any distance contract, the Client theoretically has a period of fourteen (14) clear days to exercise their right of withdrawal from the conclusion of the contract.

5.2. Legal exceptions and waiver: By validating their order and choosing to activate their services immediately, the Client accepts the following legal exclusions:

For Replays (VOD): In accordance with Article L. 221-28 13° of the French Consumer Code, immediate access to digital content (videos on demand) before the end of the 14-day period results in the Client's express waiver of their right of withdrawal. No refund is possible once the content is accessible or credentials are provided.
For In-person and fixed-date classes: In accordance with Article L. 221-28 12 of the French Consumer Code, leisure activities to be provided on a specific date or period do not benefit from the right of withdrawal.
5.3. Partial early execution: If the subscription includes live classes (videoconference) and the Client expressly requests to attend before the end of the 14-day period, they retain their right of withdrawal for the remainder of the period. If exercised, the refund will be pro-rated for the days or sessions already consumed. The right of withdrawal can be exercised by sending an unambiguous statement by email to [Your email address].

Article 6 – Cancellation and Rescheduling Policy

6.1. Cancellation by the Client: For classes booked individually or via a class pass (in-person and live streams), any cancellation by the Client must occur at least [e.g., 24 hours] before the start of the class. Failure to respect this deadline will result in the class being considered due or deducted, except in cases of justified force majeure.

6.2. Cancellation by the Provider: In the event of a class cancellation by the Provider, the class will be rescheduled or the credit returned to the Client's account. No additional compensation may be claimed.

Article 7 – Applicable Law, Mediation, and Disputes

7.1. Applicable law: These CGV and the transactions resulting from them are governed by and subject to French law. They are drafted in French. In the event that they are translated, only the French version shall prevail in the event of a dispute.

7.2. Prior complaint: In the event of a dispute relating to a subscription or the running of a class, the Client agrees to send a written complaint by email to lea.scoliolistik@gmail.com as a priority.

7.3. Consumer mediation: Failing an amicable resolution within two (2) months, the Client has the right to use a consumer mediator free of charge for the amicable resolution of the dispute, in accordance with Articles L. 612-1 et seq. of the French Consumer Code.