Last update date: 30 October 2021.

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The company Philippe BIEN is a sole proprietorship under French law identified under the Sirene number 812 963 197 and whose registered office is located at 25 rue Louis Blanc 75010 PARIS, ("The Provider").

 

The Provider can be reached at the following address:

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Article 1 - SCOPE

 

These general terms and conditions of service (the "General Terms and Conditions") apply to the following services (the "Services") provided by the Service Provider to any consumer and non-professional wishing to benefit from them (the "Customer"):

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Feldenkrais Method :

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• Online Feldenkrais group classes 

• Individual Feldenkrais sessions

 

Counselling - Body psychotherapy :

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• Individual sessions of Counselling - Body psychotherapy -  

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Wellness massage

 

• Individual sessions of Shiatsu massage

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The main features of the Services are set out in Annex 1 hereto.

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The Service Provider reserves the right to refuse any service that does not fall within the scope of the training courses it has received and validated by its certifications or certificates of face-to-face training that it holds, on request, at the client's disposal.

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The different techniques proposed and practiced have no medical purpose and are not comparable to acts reserved for health professions regulated by the Public Health Code and the decree n°96-879 of October 8, 1996. They are considered as complementary and do not in any way replace the medical field reserved for the health professions. They are part of a complementary and personal approach to self-help for each person who consults.

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Any order for Services implies, on the part of the Client, the prior acceptance without restriction or reservation of the General Conditions, of which the Client declares to have taken note.

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The General Conditions are applicable subject to any stipulation to the contrary appearing on the order form or in any special conditions concluded between the Company and the Client concerned.

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The General Conditions are without prejudice to the applicable legal provisions and in particular those set out in the Consumer Code.

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Article 2 - ORDERS AND APPOINTMENTS

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2.1 Orders

 

In the event that a detailed quotation for an order is drawn up, it will be valid for thirty (30) days from the date of its creation.

 

The order is final upon signature of the quotation by the Client, which then becomes the order form.

 

The order form, the nature of the Services and the manner in which they are to be performed may not be modified without the Provider's prior written consent.

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If the Client cancels a confirmed order, for any reason whatsoever, and without prejudice to any additional damages:

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• The deposit paid by the Client at the time of the order will remain the property of the Provider and will not be refunded;

• For Body psychotherapy, Feldenkrais Method or Wellness massage services, in the absence of a deposit, and in case of cancellation of the appointment less than 48 hours before the scheduled date, a compensation corresponding to 100% of the total price of the Services will be due to the Provider and invoiced to the Customer.

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Conversely, if the Service Provider cancels a confirmed order or appointment for any reason whatsoever, any deposit paid by the Client at the time of the order will be refunded.
 

2.2 Appointments

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For Body psychotherapy, Feldenkrais Method or Wellness massage services, in the absence of a deposit, and in the event of cancellation of the appointment less than 48 hours before the scheduled date, compensation corresponding to 100% of the total price of the Services will be due to the Provider and invoiced to the Client.

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Article 3 – PRICING CONDITIONS

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The Services are provided at the Provider's rate in force on the day the appointment is made or the order form is signed, expressed in euros all taxes included (VAT included).

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The possible costs of file, management, reservation, intermediation, and other costs, interests and commissions are indicated on the order form, or for an appointment, as indicated on the tariff conditions in appendix 2 of the present general sales conditions

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The costs incurred for the execution of the Services may however be subject to additional invoicing to the Client (travel costs, accommodation, disbursements, etc.) in accordance with the agreement of the parties set out, where applicable, in the order form.

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In the event of travel to the Client's home, the rates indicated in appendix 2 will be increased by 20% (travel only possible in the department of Paris (75) and if the service cannot be provided on the provider's premises). 

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The prices of the Services applicable on the date hereof are set out in Appendix 2. Any change in the price of the Services will take effect at the next contractual period.

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The price is firm and may not be revised during the period of execution of the Services, the parties expressly waiving the provisions of Article 1195 of the Civil Code. However, in the event of a specific request from the Client during the performance of the Services, duly accepted in writing by the Service Provider, the related costs or fees may be subject to specific additional invoicing.

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The Service Provider reserves the right to change its prices in its price list at any time for any Services that are subscribed to after such change.

 

Any price reductions, discounts and rebates may apply to the Services under the conditions set out in the Appendix or in any other document communicated to the Client. In the event of a promotional rate, the Service Provider undertakes to apply this rate to any order placed during the promotional period.

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Any change in rates resulting from the creation of any new tax on the price of the Services shall be applied immediately and automatically.

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Article 4 - INVOICING AND PAYMENT CONDITIONS

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4.1 Orders - Quotes

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The Services are invoiced and the price is due in full and payable cash on the day of their provision.

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4.2 Appointments

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The Services are invoiced and the price is due in full and payable in cash on the day they are provided.

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4.3 Invoicing and payment conditions

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In accordance with Article L. 221-10 of the French Consumer Code and with the exceptions set out in the same article, when the order has been placed outside the Service Provider's establishment within the meaning of Article L.221-1 of the French Consumer Code, the execution of and payment for the Services may not take place before the expiry of a period of seven (7) days from the conclusion of the present contract by a consumer, unless the Client has made an express request to the contrary in accordance with the conditions set out in Article L.221-25 of the French Consumer Code.

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The following methods of payment may be used:

• cash,

• bank cards via PayPal

• cheques

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It is expressly agreed that the Client is validly put on notice to pay by the mere fact that the obligation is due, in accordance with the provisions of Article 1344 of the Civil Code. In the event of late payment of any of the due dates, the Service Provider reserves the right, without any compensation being due to the Client, to :

• demand immediate payment of all sums due for the Services, such sums becoming immediately payable regardless of their initial due date;

• refuse any new order or require for any new order a cash payment or a guarantee for the good execution of the commitments;

• to charge any partial payment first to the non-preferential part of the debt and then to the sums that are due the earliest;

• reduce, suspend or cancel access to the Services, eight (8) days after the Service Provider has served notice to the Client without effect;

• apply, without prior notice, to all sums due, from the first day of delay until full payment, late payment penalties calculated at the rate referred to in Article L.441-6 of the Commercial Code;

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Article 5 - TERMS AND CONDITIONS OF PROVISION OF SERVICES

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The Service Provider is only obliged to provide the Services ordered by the Client if the price has been paid in full or in part and has been received in accordance with the conditions set out in Article 3 above.

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If the Services are not performed immediately, they will be provided on the date or within the time period specified in the order form or on the date agreed by each party when making the appointment, at the location agreed with the Client and previously accepted by the Provider.

 

The Service Provider represents that it has the necessary skills, experience and resources to provide the Services and will assume full responsibility for the performance of the Services.

 

The Service Provider shall provide the Services in good faith and shall take all reasonable care to perform its obligations under these General Terms and Conditions in accordance with the laws and regulations and the rights of third parties.

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In particular, the Service Provider undertakes to :

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to take all the care required by professional diligence and the practices of the market in the performance of the Services

to implement or make available, where necessary, the appropriate means for the execution of the Services;

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in the absence of immediate execution of the Services, to use its best efforts to ensure compliance with the deadline or timetable set out in the order form or at the time of the meeting agreed with the Client.

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The Service Provider shall cooperate actively and in good faith with the Client in all matters relating to the proper performance of the Services and shall immediately inform the Client of any difficulties or disputes arising in the course of the performance of the Services.

 

Article 6 - CLIENT'S OBLIGATIONS

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Le Client collabore activement et de bonne foi avec le Prestataire en tous domaines en vue de la bonne exécution des Services.

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In particular, the Service Provider shall provide complete, accurate and truthful information and documents and shall make decisions reasonably necessary within the time required for the performance of the Services. The Service Provider shall be entitled to use any information provided by the Client for the purpose of performing the Services or obtained through public information sources generally considered reliable and to assume, without liability, that such information is true, accurate, fair and complete and does not contain any inaccuracies or deficiencies that could affect its significance.

 

The Client may not change the nature of the Services or the manner in which they are provided during the performance of the Services, except with the prior written consent of the Service Provider.

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The Client undertakes to inform the Service Provider immediately of any difficulty, reservation or dispute arising during the performance of the Services, in order to allow for an amicable settlement of the situation, if necessary.

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Article 7 - CLAIMS

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In the event of delay in the provision of the Services, for any reason other than force majeure or the Client's fault, the Client may cancel the order under the conditions set out in Articles L.216-2, L.216-3 and L.241-4 of the French Consumer Code, after having requested the Service Provider to provide the Services within a reasonable additional period.

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The sums advanced by the Client will then be returned to him at the latest fourteen (14) days following the date on which the contract was terminated.

 

In the event of defective performance of the Services, the Client shall notify the Service Provider and state its complaints, reservations and relevant evidence within thirty (30) calendar days from the date of knowledge thereof, in order to enable the parties to make their best efforts to reach an amicable settlement of the situation within thirty (30) calendar days from the Client's initial notification.

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In the absence of reservations or claims expressly made by the Client at the time of the provision of the Services within this period, no claim can be validly accepted by the Service Provider.

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If the Client's complaint is accepted, the Service Provider may refund the Client in part or in full or rectify and correct the Services provided as soon as possible.

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In the event of failure to reach an amicable settlement under the above conditions and in the event of sufficiently serious non-performance by the Service Provider, the Client may terminate the General Terms and Conditions in accordance with the conditions set out in Article 10 and, where applicable, obtain damages from the Service Provider to compensate for the loss suffered, the Client waiving in advance the right to request forced performance of the Services by the Service Provider or a third party or a proportional reduction in the price, in express derogation of the provisions of Articles 1221, 1222 and 1223 of the French Civil Code.

 

Article 8 - RESPONSIBILITY OF THE SERVICE PROVIDER

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The Service Provider is bound by an obligation of means for the provision of the Services. The Service Provider shall not be held liable :

in the event of failure to fulfil any obligation resulting from an act of God, an event of force majeure as defined in Article 1218 of the French Civil Code, or an act of the Client or a third party;

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in the event that the information, data, instructions, directives, communicated by the Client are erroneous or incomplete, and more generally in the event that the non-performance or defective performance of the Services results in whole or in part from the conduct, failure or default of the Client;

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if the results of the Services are used for a purpose other than that for which the Service Provider intervened, if the Service Provider's recommendations are incorrectly implemented or if the reservations expressed by the Service Provider are not taken into account;

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in the event of indirect or unforeseeable damage;

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in the event of non-compliance with the legislation of the country in which the Services are provided, which the Client, who is solely responsible for the choice of the Services requested, must check.

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Article 9 - INTELLECTUAL PROPERTY

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Unless otherwise agreed in writing by the Service Provider, the Service Provider is the exclusive owner of all intellectual property rights relating to the elements communicated to the Client in the context of the provision of the Services, including but not limited to the graphics, title, form, layout and structure of the information and documents communicated, the texts, logos, trademarks, images and photographs, animations and videos, slogans, databases and more generally all or part of the elements communicated

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Consequently, the present General Conditions do not entail the transfer of any of these intellectual property rights to the Client, who is prohibited from reproducing, using and/or representing, by any means whatsoever, even partially, any element on which the Service Provider holds an intellectual property right.

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Article 10 - PERSONAL DATA

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10.1 Nature of the personal data collected

 

The Service Provider undertakes to collect only personal data that is adequate, relevant and limited to what is necessary for the purposes for which it is processed. No personal data considered "sensitive", such as racial or ethnic origin, political, philosophical or religious opinions, may be requested or collected from the Client.

 

The Client is hereby informed that the personal data indicated as mandatory on the forms and collected within the framework of the service described herein are necessary for the performance of the Service. The personal data that the Service Provider collects from the Client may include

• His first and last names

• His postal address

• His e-mail address,

• His telephone number

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10.2 Purpose of processing personal data

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Personal data may be collected and used by the Service Provider for the purpose of providing the Services, and may be transmitted to companies responsible for the management, execution and processing of payment transactions.

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The data collected may also be used in the context of the management of commercial relations in order to draw up statistics, to carry out market and behavioural research and to enable the Service Provider to improve and personalise the Services.

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10.3 Storage, security and confidentiality of personal data

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The personal data collected are processed and stored in conditions designed to ensure their security and are kept for the time strictly necessary to achieve the purposes referred to in Article 10.2 of these General Conditions.

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This data may also be kept for security and conservation purposes, in order to comply with the legal and regulatory obligations to which the Service Provider is subject.

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The Service Provider undertakes to implement technical and organisational security measures to guarantee the security, integrity and confidentiality of all personal data, in order to prevent them from being distorted, damaged or accessed by unauthorised third parties.

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However, it is specified that no security measure is infallible and that the Service Provider cannot guarantee absolute security for the Customer's personal data.

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10.4 Transfer of personal data

 

No personal data is transferred outside the European Union.

 

However, other transfers of personal data to the United States are governed by the E.U. - U.S. PRIVACY SHIELD: click here for more information.

 

Except in the case where a third party asks the Customer to accept a privacy policy and terms of use specific to that third party, the third party companies that have received the User's personal data have undertaken to process the User's personal data solely for the purpose of implementing the Provider's Services.

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The Service Provider undertakes never to share the Customer's personal data with third-party companies for marketing and/or commercial purposes without the Customer's prior consent.

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However, the Service Provider may disclose the Customer's personal data to administrative or judicial authorities when such disclosure is necessary for the identification, apprehension or prosecution of any individual who may be detrimental to the rights of the Service Provider, any other customer or any third party. The Service Provider may also be legally obliged to disclose the User's personal data and may not object in this case.

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10.5 Customer's rights to their personal data

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In accordance with the General Data Protection Regulation 2016/679 of 27 April 2016 ("GDPR"), any Customer has the right to access, rectify and delete personal data concerning him/her, which he/she may exercise directly with the Service Provider's customer service by contacting him/her at the following e-mail address inamovemento@gmail.com or at the following postal address 25 rue Louis Blanc 75010 PARIS, enclosing a copy of an identity document.

 

In addition, within the limits of the law, the Customer also has the right to oppose the processing, to limit it, to decide on the post-mortem fate of his data, to withdraw his consent at any time and the right to the portability of the personal data provided.

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Article 11 - DURATION - TERMINATION

 

In the event of a one-off sale or in application of special conditions, these General Conditions are concluded for the duration of the provision of the Services, as mentioned, where applicable, in the special conditions or in the order form.

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Article 12 - WITHDRAWAL

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Where applicable, when an order for Services has been placed by a consumer Customer at a distance, or outside the Service Provider's establishment within the meaning of Article L.221-1 of the French Consumer Code, the Customer shall have a withdrawal period of fourteen (14) clear days from the date of signing the order form, the period being calculated in accordance with the terms and conditions set out in Article L.221-19 of the French Consumer Code.

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The Customer may notify his decision to withdraw from his order by means of the withdrawal form in Appendix 3 hereof or by a clear and unambiguous statement to the Provider's postal or e-mail address.

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The Provider shall acknowledge receipt of the withdrawal request as appropriate.

 

If applicable, the price paid by the Customer for the Services shall be refunded within fourteen (14) days from the day the Provider is informed of the Customer's decision to withdraw from the order, using the same means of payment as the one used by the Customer for the initial transaction. In this respect, it is specified that in the event of an express request by the Client to perform the Services before the end of the withdrawal period, the Client must pay the price of the Services from which he/she benefited prior to his/her withdrawal, in accordance with the provisions of Article L.221-25 of the French Consumer Code.

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Notwithstanding the above, it is specified that the right of withdrawal shall not apply to the supply of services referred to in Article L.221-28 of the French Consumer Code, in particular in the event of the supply of Services fully executed before the end of the withdrawal period and whose execution has begun after the Customer's prior agreement and waiver of his right of withdrawal.

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Article 13 - NOTIFICATIONS

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Any written notice or summons required or permitted under the provisions hereof shall be validly given if sent by hand-delivered letter or by bearer against receipt of delivery, by registered mail with acknowledgement of receipt, or by electronic mail (except in the event of termination hereof), addressed to the address of the party concerned, the Contractor electing domicile at its registered office and the Customer at its personal domicile.

 

Any change in the contact details of one party for the purposes of this Agreement must be notified to the other party in the manner provided for above.

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Notices sent by hand or by bearer shall be deemed to have been made on the date of delivery to the addressee, as evidenced by the delivery receipt. Notices made by registered mail with advice of delivery shall be presumed to have been made on the date of their first presentation at the addressee's address. Notices made by electronic mail shall be presumed to have been made on the date of sending the electronic mail.

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Article 14 - AUTONOMY AND ABSENCE OF WAIVER

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If any of the stipulations of these General Terms and Conditions were to be declared null and void or inapplicable for any reason whatsoever in application of a law, a regulation or following a court decision that has become final, it would be deemed unwritten and the other stipulations would remain in force.

 

The fact that the Service Provider does not avail itself temporarily or permanently of one or more of the provisions of the General Terms and Conditions shall in no case entail a waiver.

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Article 15 - MODIFICATION

 

The Service Provider reserves the right to modify at any time the content of these Terms and Conditions for the provision of new Services or price changes.

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Any order or appointment made following a modification of the Terms and Conditions will imply acceptance by each Client of the new version of the Terms and Conditions which will be communicated to him.

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Article 16 - DISPUTES

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The Customer is informed that he/she is free to have recourse to a consumer mediator for the amicable resolution of a dispute with the Service Provider, in accordance with Articles L.611-1 and following and R.612-1 and following of the Consumer Code. The consumer mediator(s) to which the Service Provider is subject is as follows CNPM Consommation 27 avenue de la Libération 42400 Saint Chamond, contact-admin@cnpm-mediation-consommation.eu

 

All disputes to which the General Conditions could give rise, concerning their validity, interpretation, execution, termination, their consequences and their consequences, will be submitted to the court of PARIS (75).

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Article 17 - APPLICABLE LAW & LANGUAGE

 

These General Conditions and the operations arising from them are governed by and subject to French law. They are written in French. In the event of translation into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
 

Annex 1: Description of Services

 

To consult the details of the services, click on "click here" opposite each type of service

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Feldenkrais Method 

 

• Online Feldenkrais group class : weekly group course, in video session click here

• Individual Feldenkrais session : individual session, in videoconference click here

• Individual Feldenkrais session : individual session, face-to-face click here

 

Counseling - Body psychotherapy :

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• Counseling session online: individual session in video-session click-here

• Counseling session : individual session, face-to-face click-here

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Wellness massage

 

• Shiatsu massage session : individual session in person click here

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Annex 2: Price list

 

To consult the details of the current price list, click on "click here" opposite each type of service

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• Feldenkrais group classes: click here

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• Individual Feldenkrais session online or in person: click here

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• Counseling session online or face to face : click here

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• Shiatsu massage session : click here

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Annex 3: Withdrawal form

 

If the Customer wishes to exercise his right of withdrawal - in accordance with the conditions set out in Article 12 of these General Conditions - he may use the form below:

 

For the attention of :

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I hereby notify you of my withdrawal from the contract for the following services:

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• Name(s) and reference(s) of order(s) :

• Ordered on :

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Name of the customer who placed the order :

 

Address of the customer placing the order :

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Signature of customer :