GENERAL TERMS AND CONDITIONS – PILATES EXCELLENCE

Definitions

“Client” refers to a natural and adult person to whom PILATES EXCELLENCE provides coaching services within the framework of sports, physical, and well-being activities. 

“Internet Client” refers to a Client who has entered into a Contract with PILATES EXCELLENCE on the Website. 

“Contract” refers to the contract between the Client and PILATES EXCELLENCE, governed by the order of one or more services (in written form by email or on the website), the general terms and conditions of sale to individuals of PILATES EXCELLENCE (as updated or amended). The provisions of these general terms and conditions shall prevail in the event of a contradiction with any other contractual document of PILATES EXCELLENCE or the Client. 

“Instructors” refers to non-employee professionals (pilates and yoga instructors, masseurs, nutritionists, and any other professionals) designated by PILATES EXCELLENCE to provide coaching services under a Contract. 

“PILATES EXCELLENCE” refers to the limited liability company PILATES EXCELLENCE, with its registered office at 19 rue Albert 1ER, 94240 – L’HAY LES ROSES, registered with the Trade and Companies Register of Créteil under number 952 364 180. 

“Website” refers to the website operated by PILATES EXCELLENCE, whose address is www.pilates-excellence.com or any other address that may be substituted for it.

Object of the Contract

The Contract details the respective rights and obligations of PILATES EXCELLENCE and its Clients in the sale and provision, by PILATES EXCELLENCE, of coaching services within the framework of sports, physical, and well-being activities.

General terms of sale for individuals

These general terms and conditions of sale detail the rights and obligations of PILATES EXCELLENCE and its Clients in the context of the services provided by PILATES EXCELLENCE. 

These general terms and conditions of sale apply to all contracts concluded with Clients (including on the Website). These general terms and conditions of sale apply only to individuals. Any service provided by PILATES EXCELLENCE implies the unreserved acceptance by the Client of these general terms and conditions of sale. 

The Client acknowledges having read these general terms and conditions of sale and expressly declares to accept them in full and without reservation as soon as they validate the order or register on the Website. 

Any condition contrary to the general terms and conditions of sale will, in the absence of express acceptance, be unenforceable against PILATES EXCELLENCE, regardless of when it may have been brought to its attention. 

PILATES EXCELLENCE regularly updates the general terms and conditions of sale to best meet the expectations of Clients and current legislation. The general terms and conditions of sale applicable to the Client’s Contract will be those accessible on the Website. These will be considered as having been approved by the Client, unless the Client communicates otherwise within two (2) weeks. 

The Client has the option to reproduce the general terms and conditions of sale accessible on the Website.

Services

PILATES EXCELLENCE offers its Clients coaching services in the context of sports, physical, and well-being activities at home. PILATES EXCELLENCE’s services are not intended for medical purposes and do not in any way replace medical treatment. 

Each session includes the intervention of an experienced and qualified professional instructor at home. 

The instructors ensure the conduct of the sessions in accordance with the rules of the art and bring to them all the care, professionalism, availability, and diligence necessary.

Unless otherwise indicated, a session corresponds to one (1) hour of effective activity, and the preparation of the instructor and the Client, as well as the installation and storage of equipment, are not included in this hour.

Organization and Planning

The instructor designated by PILATES EXCELLENCE is the privileged contact person for the Client for the planning and organization of their sessions. 

Session reservations are made directly with the instructor. A confirmation email is sent to the Client specifying the day and time of the reserved service. An SMS is sent to the Client 48 hours before the service date.

Latecomers, Absences, Cancellations, and Suspensions

Clients are required to respect the appointments and schedules previously defined. No session, once booked, can be canceled and will be due. However, it can be rescheduled within the week according to the instructor’s availability and only if the session rescheduling is requested by the Client at least 48 hours in advance. Any Client’s delay will be automatically deducted from the session time. 

In the event of the instructor’s delay, he/she must make up for the lost time at the end of the session or in the next session. In case of unforeseen absence of the instructor, he/she must make up for the session. 

A session can be canceled by PILATES EXCELLENCE up to six (6) hours before its start. In case of cancellation, the concerned Clients will receive a call (or, in the absence of a response, an SMS), and the session will be postponed to a later date. 

PILATES EXCELLENCE cannot be held responsible for the delay in the performance of the service in the event of force majeure such as atmospheric disasters, an accident that occurred on the instructor’s route, or any other case of force majeure. In this case, the Client will be informed as soon as possible, and the session will be postponed to a later date.

Physical Condition

The Client must have a physical condition that allows him/her to practice the physical and sports activity he/she has selected.

The Client must have undergone a prior medical examination with a doctor and provide a medical certificate of fitness for physical and sports activity dated less than three (3) months, and submit a signed version of the information sheet and liability waiver attached to the registration form before the first session. 

The Client must inform PILATES EXCELLENCE of any changes in his/her health that may occur between two sessions.

In the context of sessions provided for pregnant women, a medical authorization may be requested by PILATES EXCELLENCE.

Duration and Maintenance of the Contract

The Contract terminates on the earlier of two dates: (i) the date on which all sessions have been completed, or (ii) the date on which the deadline for completing the sessions expires, even if all sessions have not been completed due to an act or omission by the Client.

The deadline for completing the sessions is 6 months from the reservation date (invoice creation date), unless a commercial gesture is granted by PILATES EXCELLENCE in case of force majeure (medical reasons or accident).

In the event of partial execution of the Contract, the full price remains due to PILATES EXCELLENCE unless this partial completion results from an act or omission by PILATES EXCELLENCE.

No grounds for suspension or termination of the Contract by the Client are accepted, except in the case of force majeure, medical reasons, or an accident preventing the definitive practice of sports. The Client must provide evidence of the grounds for suspending the Contract, and, in this case only, PILATES EXCELLENCE undertakes to refund the sessions that the Client will not be able to attend.

The Contract and the sessions are not transferable by the Client without the prior agreement of PILATES EXCELLENCE.

Price and Terms of Payment

The price set by PILATES EXCELLENCE is guaranteed for the duration of the Contract. PILATES EXCELLENCE reserves the right to update the price for the services upon the subscription of a new contract.

Prices are displayed in euros (€), including all taxes. They include the sessions, the necessary travel expenses for instructors to reach the intervention location. Prices take into account the thoughtful preparation of technical sessions and the personalized follow-up of the individual.

The number of sessions and the total price will depend on the number of sports sessions required to achieve the client’s goals, as well as the potential use of complementary activities (nutrition, aesthetics, meditation, etc.). Prices may evolve based on the client’s changing needs during the contract. In such cases, the conclusion of a new contract between PILATES EXCELLENCE and the Client might be necessary.

The Client commits to paying PILATES EXCELLENCE on the dates and in accordance with the payment terms indicated in the contract. In case of late payment of invoices and in accordance with the commercial code, an indemnity calculated at three times the legal interest rate, along with a recovery fee of 40 euros, may be applied by PILATES EXCELLENCE solely due to the Client’s failure to meet the due date.

Insurance and Responsibilities

Each client must take out personal liability insurance, covering any damage they may cause to third parties during the services. PILATES EXCELLENCE also advises each client to take out personal injury insurance related to physical and sports activities, covering them for their own physical integrity.

PILATES EXCELLENCE has taken out insurance to cover damages that engage its professional liability. Instructors who are not employees of PILATES EXCELLENCE are independent professionals for whom PILATES EXCELLENCE is not responsible. They must also take out and maintain professional liability insurance.

PILATES EXCELLENCE’s liability can only be sought in case of demonstrating a causal link between gross negligence committed by PILATES EXCELLENCE in the execution of the contract and the damage suffered by the client. PILATES EXCELLENCE’s liability cannot be sought, especially (i) in the event of an accident resulting from the client’s non-compliance with the instructor’s instructions; (ii) in the event of an instructor’s accident outside the sessions or advice provided by the instructors; (iii) in the event of acts or omissions of instructors who are not employees of PILATES EXCELLENCE; (iv) if the client does not respect the commitments and guarantees made under the contract; and/or (v) in case of force majeure. Indirect damages (such as, without limitation, loss of income, loss of opportunity, loss of profit, any financial loss, or any intangible damage) cannot be indemnified by PILATES EXCELLENCE.

PILATES EXCELLENCE is not responsible for any damage and remains solely responsible for the commitments and guarantees made under the contract.

The client will be responsible for any damage or material or bodily harm resulting from a deliberate or involuntary act on their part.

The client also undertakes to guarantee and bear all convictions and legal costs that may be incurred or imposed on PILATES EXCELLENCE due to the faults, omissions, or other acts occurring because of the client.

Distance Selling (Internet)

This section of the general terms and conditions aims to define the conditions and terms of sale for the services offered by PILATES EXCELLENCE on the Site only and does not apply to contracts concluded by any other means.

The site is intended only for individuals. The online offers presented on the Site are reserved for clients residing in metropolitan France.

The Internet Client acknowledges that the ordering process on the site constitutes a contract between the Internet Client and PILATES EXCELLENCE.

The Internet Client must carefully read and accept the general terms and conditions before validating each order.

Before placing an order, the Internet Client must carefully study the description and characteristics of the services they wish to acquire. Photographs and illustrations do not constitute a contractual document.

The acceptance of the offer by the Internet Client is validated by the confirmation of their order.

By clicking on the first button “Book” to place the order and then on the second button “Next” to confirm the said order, the Internet Client acknowledges thereby having read, understood, and accepted the general terms and conditions without limitation or condition. The general terms and conditions are referenced at the bottom of the order summary and must be consulted before clicking on the second button “Next” to submit the order. PILATES EXCELLENCE also asks the Internet Client to read and accept the general terms and conditions with each new order.

The prices displayed on the Site are applicable for any purchase made on the Site.

The prices are displayed in euros (€) all taxes included.

The Internet Client verifies that the content of their order is correct before clicking on “Confirm and Pay” to proceed with the payment.

The Internet Client must then provide, on the same page, all the necessary information for billing and the execution of services by entering their banking details before clicking on the first button “[Order]” to finalize their purchase. Purchases on the Site must include all the information necessary for the proper processing of the order.

PILATES EXCELLENCE authorizes payment by credit card or debit card.

The Site is subject to a security system. PILATES EXCELLENCE has entrusted its payment system to Stripe. Stripe guarantees the total confidentiality of the Internet Client’s banking information.

At the time of the display of the purchase summary, the total price will be displayed.

Before validating the order, the Client has the possibility to check the details of their Order and its total price and to go back to the previous pages to correct any errors or possibly modify their order in accordance with Article 1369-5 of the Civil Code. The confirmation of the order implies acceptance of the general terms and conditions and the formation of the contract. When making a purchase on the Site, the Client explicitly acknowledges their obligation to pay.

Payment will be collected by PILATES EXCELLENCE upon the conclusion of the order.

The Internet Client will receive an email confirmation of their purchase. The purchase is definitively confirmed only upon validation of the payment and only engages PILATES EXCELLENCE upon receipt of the email confirming that the order has been validated (confirmation sent only for purchases on the Site). The Internet Client must, therefore, check their email. Any service purchased that is part of the same order and does not appear in the confirmation email is not part of the Contract.

In the absence of an indication or prior agreement as to the date of execution of the service, PILATES EXCELLENCE executes or has the service executed without undue delay and at the latest thirty (30) days after the conclusion of the contract.

The Internet Client has fourteen (14) calendar days from the day of the conclusion of the Contract on the Site to retract. The Internet Client must inform PILATES EXCELLENCE of their clear and unequivocal intention to retract by any means. The Internet Client may use the withdrawal form made available by PILATES EXCELLENCE and must ensure to keep proof in case of dispute.

In the event of withdrawal, PILATES EXCELLENCE will reimburse the Internet Client for the total amount paid without undue delay and at the latest within fourteen (14) days following the date on which it is informed of the Internet Client’s decision to retract. The refund will be made on the same means of payment used during the purchase. No fees will be paid following this refund.

The Internet Client will have waived their right of withdrawal in the event of the performance of the service within the withdrawal period of fourteen (14) calendar days.

The archiving of communications, order forms, and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, order forms, and invoices can be produced as evidence of the Contract.

Personal Data

During the registration process, the Client provides mandatory and necessary personal data to process the registration and execute the service. This data may be used for commercial communication purposes by PILATES EXCELLENCE and will be retained by PILATES EXCELLENCE for a maximum of two (2) years from the end of the Contract. The recipients of the data are PILATES EXCELLENCE and the professionals (pilates instructors, yoga teachers, masseurs, nutritionists, and any other professionals) designated by PILATES EXCELLENCE to perform the service within the framework of a Contract.

In accordance with the “information technology and freedoms” law of January 6, 1978, amended in 2004, the Client has the right to access and rectify the information concerning them.

Each Client can exercise their right of access, opposition, and rectification by sending a simple letter to PILATES EXCELLENCE, 19 Albert 1ER Street, 94240 L’HAY LES ROSES, or an email to info@pilates-excellence.com.

For legitimate reasons, the Client may oppose the processing of their data. The Client can also object to the use of their personal data for commercial communication purposes by email using the appropriate link provided in each email sent.

A Client’s objection to the use of their personal data for commercial communications will result in the Client being deprived of information regarding commercial offers from PILATES EXCELLENCE, affiliated companies, or partners.

Newsletter

By checking the box provided for this purpose or by expressly giving their consent, the Client agrees that PILATES EXCELLENCE may send them, at a frequency and in a form determined by the Client, a newsletter containing information related to its activities.

When the Client checks the box provided for this purpose in the registration process on the Site or when validating their Order, they agree to receive commercial offers from the Company for products or services similar to those ordered.

Clients will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each newsletter.

Intellectual Property

All visual and auditory elements of PILATES EXCELLENCE and the Site, including the underlying technology used, are protected by copyright, trademark law, patent law, and more generally by all intellectual property rights. These elements are the exclusive property of PILATES EXCELLENCE or its licensors. None of the elements of the Site or any part thereof may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented, or otherwise exploited, whether for free or for consideration, by any means and/or media, whether known or unknown to date, without the express prior written permission of PILATES EXCELLENCE.

Customer Service

Customer satisfaction is a constant concern for PILATES EXCELLENCE.

PILATES EXCELLENCE strives to meet its customers’ expectations as quickly as possible and respond to them as soon as possible after receiving a request, suggestion, or complaint.

For any inquiries, suggestions, or complaints, customers are invited to contact the customer service:

PILATES EXCELLENCE 19, rue Albert 1ER, 94240 L’HAY LES ROSES Email: info@pilates-excellence.com Phone: 06 73 34 15 29

Applicable Law and Competent Jurisdiction

In the event of a dispute arising from the interpretation and/or execution of these terms and conditions or in connection with them, the customer may decide to submit the dispute with the company to a conventional mediation procedure or any other alternative dispute resolution method.

The customer can visit the European Online Dispute Resolution platform established by the European Commission at the following address, which lists all approved dispute resolution bodies in France: https://webgate.ec.europa.eu/odr/.

In the event of mediation failure, disputes will be brought before the competent French courts.

Miscellaneous

Any modification of the legislation or regulations in force, or any decision by a competent court invalidating one or more clauses of the general terms and conditions, shall not affect the validity of the entire general terms and conditions. The other provisions will retain their full force and effect. Such modification or decision in no way authorizes customers to disregard these general terms and conditions.

The fact that PILATES EXCELLENCE does not invoke any of the clauses of the contract at a given time cannot be interpreted as a waiver of the right to invoke them later.

The general terms and conditions are available for consultation on the website and may be modified at any time at the discretion of PILATES EXCELLENCE without any formality other than their online publication. Only the latest version will be applicable.