TERMS AND CONDITIONS OF SALE
Article 1 – Sole Trader
Alison ADENIS – Sick of IBS is a Sole Trader whose headquarters is located at 33, Rennes, 35520 Melesse, France and registered in the trade registry in Rennes under the number 838 963 973. SIRET number: 838 963 973 00014, CODE NAF (activity code) 9609Z. VAT not applicable, article 293 B of the General Code of Taxes.
Article 2 – Introduction
The Sole Trader Alison ADENIS – Sick of IBS (hereinafter “the Sole Trader”) and the customer (hereinafter “Customer”) are collectively called “the Parties”.
The present Terms and Conditions apply to all Paid Services offered by the Sole Trader via its Website, and complete The General Conditions of Use of the Website available at https://sickofibs.com/legal.
Article 3 – Definitions
In the Terms and Conditions, the words or expressions beginning with a capital letter have the following meaning:
‘Customer’ means any person who purchases Services from the Sole Trader.
‘Coach’ designates the coach, Alison ADENIS who conducts the Coaching Sessions.
‘Documents’ includes items, records, documentation, put at the disposal of the Client by the Coach.
‘Order’ refers to the services ordered and paid by a Customer.
‘Offer’ refers to the proposal of Services. The Offers are described in Article 6 of the Terms and Conditions.
‘Newsletters’ means the free documents, articles, illustrations made available to the customer via the Website by the Sole Trader.
‘Service’ refers to the subject of a paid Order by the Customer.
‘Session’ refers to the online meeting provided by the Coach to the customer. The duration of the different types of Session is stipulated in Article 6 of the Terms and Conditions.
‘Sole Trader’ refers to the Sole Trader Alison ADENIS – Sick of IBS.
‘Website’ refers to the website of the Sole Trader where the Offer of Services is available: https://sickofibs.com
Article 4 – Pricing and Payment
The pricing and terms of payment of all paid Services are indicated when ordering. Prices are indicated in Sterling (GBP).
The acceptation of the present Terms and Conditions by the Customer is required before ordering. The Customer acknowledges being fully informed of and bound by all the provisions of the present Terms and Conditions before making payment.
The Customer places the Order of a Service on the Website through a card payment via Paypal. Payment cards accepted to date are the following: CB, Visa, Mastercard and American Express. The Customer warrants that he/she is authorised to use the credit card to pay for the Order and that these means of payment provide access to sufficient funds to cover the Order.
By clicking the purchase button during the order process, and after confirming the contents of his order, the Customer validates the Order permanently by making payment.
The Order will be considered final on payment of the full price or first monthly payment (if part of a payment/subscription plan) by the Customer. Should the Customer opt for a payment/subscription plan, the Customer agrees to pay the full number of payments each month as stipulated in the Offer.
The Sole Trader systematically confirms the Customer’s Order by sending the Customer an email summarizing the details of the Order and the details of how to access the ordered pre-paid Services.
Article 5 – Right of Withdrawal
The Customer has the right to reconsider and retract from Services order during a period of fourteen (14) full days from the date of the Order by the Customer, in accordance with the provisions of article l. 121-20 of the French Consumer Code.
In order to exercise his/her right of withdrawal, the Customer notifies the Sole Trader by email at the following address: firstname.lastname@example.org
If the Customer sends that notification within the stipulated legal timeframe and has not started Coaching Sessions, the Customer’s Order will be cancelled and fully reimbursed within the period of ten (10) working days from receipt by the Sole Trader.
However, in accordance with article L 121-20-2, 1 ° of the French Consumer Code, the right of withdrawal cannot be exercised once the Customer has started consuming Services ordered.
Article 6 – Description of Offer
Once the Order is accepted, the Customer will receive the Offer paid among those described below:
-One (1) individual online discussion session of a duration of thirty (30) minutes via Skype or Zoom, the purpose of which is to establish and agree on the needs of the customer, and offer Services tailored to the Customer’s objectives. This session may be paid or free;
3-month Private Coaching Package
-Six (6) individual sessions of online coaching of forty-five (45) minutes each, to be consumed over a period of three (3) months from the date of Order.
-A maximum of thirty (30) e-mail exchanges with the Coach about the progress and problems of the Customer during the same period.
6-month Private Coaching Package
-Twelve (12) individual sessions of online coaching of forty-five (45) minutes each, to be consumed over a period of six (6) months from the date of Order.
-A maximum of sixty (60) e-mail exchanges with the Coach about the progress and problems of the Customer during the same period.
Article 7 – The Session
The Session takes place at the request of the Customer. The Customer books a Session according to the availability of Coach via the calendar application. The Customer receives confirmation of the Session (by email) which is then considered as programmed.
The duration of a Session is thirty (30) minutes for a “Discovery Session”, and forty-five (45) minutes for a Coaching Session.
Article 8 – Cancellation
Any scheduled Session may be cancelled and rescheduled maximum fort-eight (48) hours before the scheduled start of the Session.
Thereafter the Session cannot be cancelled or modified and will be deducted from the remaining number of pre-paid Coaching sessions.
The Customer agrees that it is his/her responsibility to cancel or reschedule via the specific calendar links found on the email confirming the session (as referred to in Article 7).
Article 9 – Refund/Termination Policy
The Customer’s succes depends on his/her commitment to the Coaching Sessions.
All purchases are non-refundable. The Customer agrees to waive any rights to chargeback his/her purchase via his/her credit card processor.
Any Customer may terminate his Coaching Sessions with his/her Coach at any time and without justification, by sending a notification of this decision by email to the following address: email@example.com.
This request will be effective on the working day following receipt by the Coach.
Any remaining unused paid Services will not be reimbursed.
This notice has the same effect as when termination is decided by the Customer.
Article 10 – Confidentiality and Personal Data
It is recognized between the Parties that the Documents exchanged between the Coach and the Customer and are the intellectual property of the Coach, are covered by an obligation of confidentiality. As such, the Customer undertakes to keep any document confidential, and the Coach agrees to keep confidential any personal information that is provided by the Customer. The personal data of the Customer will be destroyed at his/her request or at the expiration of statutory deadlines.
Article 11 – Limit of Services
The Services offered are not, should not be considered as, and in no way replace a consultation or medical follow-up of the Customer by his/her doctor.
The Coach undertakes to use the techniques and tools needed in coaching to best accompany the Customer towards his/her desired objectives. The results of the Coaching sessions cannot, however, be guaranteed. The Customer agrees that the Coaching Sessions require his/her active participation in order to achieve the best results.
Article 12 – Amendment of the Terms and Conditions
The Sole Trader reserves the right to modify the present Terms and Conditions. They must be submitted to and accepted by the Customer when they are edited, and accepted before placing any new order. Any new version of these Terms and Conditions will be notified by e-mail to the Customer at the e-mail address indicated by the Customer.
Article 13 – Liability
13.1 Responsibility of the Sole Trader
The Sole Trader is committed to providing the Services paid by the Customer according to the Terms described in the Order. In case of internet failure or bad connection Skype or Zoom, the Sole Trader reserves the right to conduct the Session by phone, or postpone the Session.
13.2 Responsibility of the Customer
The Customer must have the skills, hardware and software required for Internet use, including a free Skype or Zoom account. The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of Internet data transmissions.
The Customer is responsible for his own health. He attests to regularly consulting his doctor and/or GI specialist concerning any physical problem. The Customer declares he/she does not have any known serious illness or psychological disorders.
The Customer accepts responsibility for his/her own physical, mental and emotional well-being, as well as his/her own choices, decisions and actions during, or as a result of coaching and interactions with his Coach. Thus, the Customer agrees to not hold his/her Coach responsible or liable for any action or inaction, directly or indirectly resulting from Coaching. The Customer understands that coaching is not and does not in any way replace therapy from a psychiatrist, and in no way stops or treats psychological problems or conditions.
Article 14 – Disputes
These Terms and Conditions are governed by and interpreted in accordance with French law.
The Sole Trader cannot be held responsible for the damage sustained by the Customer when the Customer is at the origin of such damage or resulting from a case of force major. In case of dispute, damages will be limited to the amount paid by the Customer to the Coach.
If a dispute cannot be resolved satisfactorily between the Parties within 30 working days, it will be settled by the Courts in Rennes, France.