LEGAL NOTICE
Marc Weltersbach
18 alley of the carelle
78112 Saint-Germain-en-Laye
RSAC Versailles - 499 930 683
VAT: FR80 499 930 683
Email: info@marc-weltersbach.com
hosting server
OVH - SAS with capital of €10,000,000
RCS Roubaix-Tourcoing 424 761 419 00045
APE code 6202A - VAT number: FR 22 424 761 419
Head office: 2 rue Kellermann 59100 Roubaix - France.
GENERAL CONDITIONS OF SALE OF SERVICES AND PRODUCTS
PREAMBLE
The purchase of a good or a service from Marc Weltersbach constitutes full and unreserved implicit acceptance of these general conditions.
It is therefore important for the customer to read them before placing any order.
ARTICLE 1: SCOPE
These general conditions of use and sale apply to all transactions made with Marc Weltersbach and those concluded in particular through the website.
Marc Weltersbach reserves the right to modify these general conditions at any time, without it being necessary to inform or obtain the agreement of anyone.
The applicable general conditions will be those in force at the time of delivery of the products or services.
Due to the very nature of the Internet network as well as any maintenance and development operations on its site, MARc Weltersbach cannot guarantee its availability, and therefore cannot be held responsible for unavailability and/or malfunctions.
The user using the Marc Weltersbach site under his sole and entire responsibility, no action can be taken against Marc Weltersbach who could not in any case be held responsible for any damage whatsoever material (including losses data, software, programs, etc.) or financial.
ARTICLE 2: PUBLIC CONCERNED AND AGE LIMITATION
Marc Weltersbach aims to offer a range of products and services to professionals and individuals.
Age restrictions apply:
the participation of minors implies an explicit agreement from parents or guardians, and can only be done under their supervision and after explicit agreement from Marc Weltersbach.
Any customer who does not meet these criteria will be immediately refunded and a return of the product(s) concerned will be required.
ARTICLE 3: PRODUCTS AND SERVICES
The products and services comply with current French legislation and Marc Weltersbach cannot be held liable in the event of non-compliance with the legislation of another country of destination.
From the moment the offers are marketed on the site, they are valid within the limits of stocks and available places.
In case of unavailability, the customer will be informed by email and contacted to determine if the order will be canceled or will be transferred to another product or service.
The photos on the site are "presentation suggestions", ie the images do not always correspond exactly to the product that the customer will receive in the end or to the events in which he will be able to participate. These photos are therefore non-contractual and given for information only and therefore no claim related to them will be admissible.
The objective of well-being and satisfaction of the participants, can lead Marc Weltersbach to make changes to places, dates and structures. The customer declares to accept without reservation, without the need for prior agreement and without the possibility of requesting reimbursement or compensation, this possibility of change.
ARTICLE 4: PRICE
Marc Weltersbach is a French company of the individual entrepreneur type subject to French VAT legislation.
The prices are therefore in euros, all taxes included, regardless of the country of destination and/or the geographical location of the customer, excluding shipping and order processing costs for the products, and for the services, unless specifically stated otherwise and where applicable, excluding travel, catering and accommodation costs which are entirely the responsibility of the customer.
Prices may be changed at any time. However, the price applied will be the price in force at the time of the order, except in the event of a modification of the legal VAT rate in force, which will therefore be that applied on the day of delivery of the products and services, without the possibility of any request. compensation or reimbursement from the customer.
Any other duties and taxes, whatever they may be (customs, import, local or state taxes, etc.) will remain, where applicable, entirely the responsibility of the customer who declares to accept this without reservation as well as the fact of having to carry out on its own, and without any intervention or involvement of Marc Weltersbach, all the necessary legal declarative and payment procedures with the competent authorities.
This rule is also valid for any “tax refund” type requests.
ARTICLE 5: PAYMENT
In the context of purchases on the Marc Weltersbach site, payment is due immediately on the date of the order, including for pre-order products.
In the case of secure online payment by credit card, the transaction will be carried out through a specialized company which can ensure that the information transmitted is encrypted by state-of-the-art software, and can be read during transport on the network. Any guarantee as to the safety of this system is entirely the responsibility of the specialized company and cannot be imputed to Marc Weltersbach.
For registration to a service to be taken into account, a registration form must have been completed by the customer and
– either delivered by hand to an authorized representative of/by Marc Weltersbach
– either returned by post to Marc Weltersbach
– or sent by e-mail to the address info@marc-weltersbach.com
– either by means of the validation by the customer of an electronic form relating to this information that he will have to communicate for the proper processing of his order
And necessarily accompanied
– payment, a non-refundable deposit, of at least 25% of the public price in force at the time of the order, unless otherwise stated and specifically agreed for the service concerned.
Unless there is a specific agreement and or special offer for payment installments communicated in advance and/or confirmed in writing by Marc Weltersbach, registration for a service and/or ordering a product will be deemed final upon receipt by Marc Weltersbach. of the full public price including all taxes, which will be the trigger for delivery. This collection must take place no later than 15 days before the actual start of the services. Otherwise, Marc Weltersbach reserves the right, by simple written notification and without notice or formality, to release the place for another participant, without this giving rise to any reimbursement in favor of the customer.
Depending on the products and services, and depending on the descriptive specifications linked to them, payment may be made using the means confirmed, accepted and indicated by Marc Weltersbach (credit card, bank transfer, check, PayPal, etc.).
In addition to all the provisions stipulated in this article, it is specified that any delay in payment will automatically entail:
the application of a late payment penalty rate of 20%, automatically due the day following the scheduled payment date
the application of a penalty for covering recovery costs of €40 (knowing that a surplus could be requested if the recovery costs actually incurred exceeded this lump sum)
Furthermore, it is specified that no discount will be granted in the event of early payment and that no interest will be paid by Marc Weltersbach for the sums paid by the customer, at any time whatsoever and in any form whatsoever. , in particular for the payment of the non-refundable reservation deposit mentioned above.
ARTICLE 6: DELIVERY
The delivery of products is made to the physical or electronic address that the customer will have indicated when ordering and is solely responsible for the information that he will have communicated.
In the event of an error or an address that is not sufficiently explicit, the consequence of which could be an erroneous delivery, no responsibility for Marc Weltersbach can be engaged.
Registrations for the services delivered by Marc Weltersbach are nominative and non-transferable except with the written consent of Marc Weltersbach, who therefore reserves the right to refuse access to the delivery of the service concerned to any person who is not registered by name for this service. .
In accordance with article L 138-1 of the consumer code, Marc Weltersbach delivers the goods or provides the service on the date or within the period indicated to the consumer, in accordance with 3° of article L. 111-1, unless the parties have agreed otherwise.
In the absence of any indication or agreement as to the date of delivery or performance, Marc Weltersbach delivers the goods or performs the service without undue delay and at the latest thirty days after the conclusion of the contract.
Delivery means the transfer to the customer of physical possession or control of the goods.
In the event of the same order relating to products and/or services whose announced dates would be different, it is the most distant delivery date which will be taken into account. It is further understood that the product and/or service will be deemed delivered upon validation of the order when it is a product and/or service that requires downloading, and for which moreover the rights of use shall be non-transferable and non-exclusive.
In accordance with Article L 138-2 of the Consumer Code, in the event of a breach by Marc Weltersbach of its obligation to deliver the goods or provide the service on the date or at the expiry of the period provided for in the first paragraph of the Article L. 138-1 or, failing this, no later than thirty days after the conclusion of the contract, the customer may terminate the contract, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having ordered, under the same terms, Marc Weltersbach to make the delivery or to provide the service within a reasonable additional period, the latter has not performed within this period.
The contract will be considered resolved upon receipt by Marc Weltersbach of the letter or writing informing him of this resolution, unless Marc Weltersbach has performed in the meantime.
Nevertheless, the customer may immediately terminate the contract if Marc Weltersbach refuses to deliver the goods or to provide the service or when he does not fulfill his obligation to deliver the goods or to provide the service on the date or at the expiry of the period provided for in the first paragraph of the same article L. 138-1 and that this date or this period constitutes for the customer an essential condition of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request by the customer before the conclusion of the contract.
In accordance with Article L 138-3 of the Consumer Code, if the contract is terminated under the conditions provided for in Article L. 138-2, Marc Weltersbach will be required to reimburse the customer for all sums paid, at the no later than fourteen days after the date on which the contract was terminated. The amount paid by the customer will be automatically increased by 10% if the reimbursement occurs no later than thirty days beyond this term, by 20% up to sixty days and by 50% later.
ARTICLE 7: CONDITIONS OF CANCELLATION, RETURN, REIMBURSEMENT – RIGHT OF WITHDRAWAL – SATISFACTION GUARANTEE
In accordance with Article L121-21 of the Consumer Code, the customer has a period of 14 calendar days from the date of purchase for a service or the date of receipt for a product, to exercise his right to retract.
If he wishes to exercise this right, the customer must draw up a declaration expressing without ambiguity his wish to withdraw and send it to Marc Weltersbach by registered letter with acknowledgment of receipt.
The implementation of his right of withdrawal has the consequence of obliging the customer to send back or return the goods to Marc Weltersbach without delay, and at the latest within 14 days from the exercise of his right, in their strict and complete original condition (packaging, documents, accessories, etc.)
In this case, the customer will bear either the direct costs of returning the goods or an amount corresponding to the service provided if the customer has requested that the service begin before the end of the withdrawal period. The refund will be made by Marc Weltersbach by the same means of payment as that used by the customer to make his purchase. In the event of an agreement between the two parties, another means of reimbursement may be used at no additional cost to the customer charge.
The refund will be made by Marc Weltersbach within the legal deadlines provided for in the Consumer Code.
After this legal period, the sums owed by Marc Weltersbach will automatically be increased to the legal rates stipulated in the Consumer Code.
However, if he is responsible for the depreciation of the goods he has received due to manipulations of these goods which were not necessary to establish their nature, characteristics and proper functioning, the right of withdrawal will be waived.
In addition, all types of advantages, promotional offers, of any nature whatsoever, which would be linked to the original purchase for which the customer would assert his right of withdrawal will be automatically cancelled.
In any event, this right may not be exercised for a service performed or the performance of which has begun.
Furthermore, Marc Weltersbach will not make any refunds in the following cases, at any time whatsoever, and for any reason whatsoever:
absence during the delivery of the service
cancellation request during service delivery
Some of the products and services offered are not subject to this right of withdrawal. Articles L121-20-2 and L121-21-8 of the Consumer Code rule out or exclude in particular:
digital content not provided on a material medium whose execution has begun after the customer's express prior agreement and express waiver of his right of withdrawal.
goods made to customer specifications or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly
audio or video recordings or computer software when unsealed by the customer
goods that have been unsealed by the customer after delivery
the purchase of tickets to attend “live” events. A ticket is nominative, non-modifiable, valid only for the dates and times mentioned for the event, and cannot be transferred, taken back, exchanged, resold or refunded, even in the event of loss or theft, except in the event of cancellation by the organiser. And in the latter case, only the price of the ticket can be refunded. This reimbursement will only take place in favor of the initial purchaser against delivery of the ticket. In any case, no costs of any kind whatsoever will be reimbursed or compensated.
A “satisfaction guarantee” may be offered for certain products/events. If this were the case, the conditions of application of this guarantee, and the possible levels of refunds offered, will be specified explicitly on the sales pages of the said products/events. It is understood that in the opposite case, i.e. if no mention was made in writing on the sales page, the event/product in question is not subject to this “satisfaction guarantee”. ”. It is specified here that a request for recourse to this guarantee and/or to the possible corresponding refund, can only be formulated once by the same customer, who, if he uses this right, expressly acknowledges waiving the opportunity to purchase new products and/or participate in future events.
The customer can benefit from a result or refund guarantee when this mention appears explicitly on the presentation page of a product or service via the marc-weltersbach.com site or the various domains attached to it. It is understood that in the opposite case, i.e. if no mention was made in writing on the sales page, the event/product in question is not subject to this “result guarantee”. or refunded”. It is specified here that a request for recourse to this guarantee and/or to the possible corresponding refund, can only be formulated once by the same customer, who, if he uses this right, expressly acknowledges waiving the opportunity to purchase new products and/or participate in future events.
In order to benefit from this guarantee, the customer must then fulfill the following conditions:
– Make the request within 10 calendar days of the publication of the last training video (this excludes the publication of various bonuses) by email to the following address: info@marc-weltersbach.com
– Have watched all the videos in their entirety
– Have fully completed the exercises present within the product or service
– Not having indicated a result related to the use of the product or service in any of the exercises and surveys present within the said product or service.
If one of the conditions is not met, the customer cannot claim to use this guarantee.
ARTICLE 8: LEGAL GUARANTEES, RETURN OF PRODUCTS
In accordance with the provisions of the legal guarantees of conformity and hidden defects, in the event of receipt by the customer of a defective or non-compliant product with the order, Marc Weltersbach undertakes to replace it within the limits of available stocks, or to reimburse it. shipping and return costs (on proof, under the same conditions of costs and risks relating to the same means of shipping as that used initially) included, if the following conditions have been respected:
have notified the reservations on the delivery note of the deliverer
have informed Marc Weltersbach by email, on the same day of delivery, enclosing a copy of the delivery note on which the reservations appear, as well as a copy of the initial invoice
have returned the product concerned, in its strict and complete original condition (packaging, documents, accessories, etc.), within two working days maximum of the date of receipt accompanied by a copy of the documents indicated in point 2. below above
The refund will be made by Marc Weltersbach by the same means of payment as that used by the customer to make his purchase.
In the event of an agreement between the two parties, another means of reimbursement may be used at no additional cost to the customer charge.
The refund will be made within 30 working days of receipt of the package.
ARTICLE 9: PROTECTION OF PERSONAL DATA – RIGHT TO IMAGE AND PROTECTION OF PRIVACY
In accordance with the Data Protection Act No. 78-17 of January 6, 1978, the customer has a right to access, rectify and delete personal data concerning him.
The customer acknowledges having read the personal data protection policy and consents to their data being collected and used, knowing that they will be treated in a strictly confidential manner.
By entering his information and contact details on the Marc Weltersbach site, the customer acknowledges accepting to receive information/publications from the company by email, post or telephone, and accepting to receive the newsletter. He is free to unsubscribe at any time. Simply click on the link at the end of the emails. This link is preceded by the words "To unsubscribe or change subscriber options visit:" (understand: to unsubscribe or change your subscription options, click below).
Marc Weltersbach informs the client that attendance can be monitored on all sites. For this, use can be made of tools such as Google Analytics, Xiti, or Google Site Optimizer, this list being non-exhaustive. This data, which is not personal, makes it possible to improve the experience of using the Internet sites, and to personalize the sites according to frequent user requests. The confirmation and conversion pages of the forms are generally equipped with the Google Site Optimizer device in order to measure their effectiveness and the level of interest of prospects and customers. The customer has the possibility to consult on the following link, the Privacy Policy of Google Optimizer.
By accepting these general terms and conditions, the client and/or participant and/or subscriber and/or user implicitly agrees that he may be filmed, photographed and recorded during the events organized by Marc Weltersbach.
However, in accordance with the legal provisions stipulated in the context of image rights and the protection of privacy:
for adults
Before any distribution of an image of the person in a private setting, Marc Weltersbach must obtain his written agreement, specifying the date and the place where it was taken. This agreement will be given for a specific use and cannot be global. A new agreement must be obtained for each rebroadcast of an image when the purpose is different from that of the first broadcast.
for minors
The authorization of the parents (or person in charge) of a minor child must be obtained in writing.
These stipulations also protect the rights of the speakers and/or trainers and/or facilitators. Namely, that any distribution of an image that would be made for non-informative purposes by a person who would not have obtained a written agreement as mentioned above would constitute an infringement of image rights and therefore a violation of life. subject to the remedies and sanctions provided for by law.
ARTICLE 10: INTELLECTUAL PROPERTY
The Internet sites, products and services of Marc Weltersbach, in their entirety, both in their presentation and in their content (in their entirety or separately) direct or indirect, whatever the form, are protected by the laws in force. force on intellectual and/or industrial property.
Any reproduction, and/or distribution and/or communication, and/or representation and/or reuse, and/or adaptation, whether in part or in full, in any form whatsoever, any recording, whether in audio and/or video format, are prohibited, except with the express prior authorization of Marc Weltersbach or his assignees, and in the contrary case are therefore constitutive of counterfeiting and liable as such to the penalties provided for by law.
ARTICLE 11: LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY
The client and/or participant and/or subscriber and/or user declares to recognize and/or express and/or accept and/or approve without reservations that:
any type of content delivered by Marc Weltersbach, in any form whatsoever (ideas, concepts, strategies, advice, etc.) does not give rise to any promise or guarantee, of any kind whatsoever (results, gains, benefits , success, performance, etc.)
Marc Weltersbach, its partners, its suppliers are not responsible or bearer of any promise or guarantee.
He is aware of the information relating to the conditions of use of the goods and the conditions of the running of the services, and particularly the teaching tools and methods used, in particular all the approaches, techniques and set of coaching practices aimed at improving performance. including, but not limited to, Neuro Linguistic Programming, Gestalt, Transactional Analysis, Ericksonian hypnosis, Eye Movement Desensitization and Reprocessing technique, Emotional Freedom Technique, and all other exercise practices mental preparation, in whatever form.
that in knowledge of this information he is aware that certain exercises which will be offered to him may involve risks depending on his level of physical condition and health and that he is solely responsible and totally free for the decision to participate, to continue and/or to stop practicing the exercises at any time.
he is therefore solely responsible for his degree of participation/involvement, his decisions, actions and results
that he will not seek in any way to make Marc Weltersbach, his partners, his affiliates, his suppliers, the authorized persons of/by Marc Weltersbach, responsible for his degree of participation/involvement, his decisions, actions or results .
Marc Weltersbach would not be held liable, under any circumstances, for any loss or damage caused or supposed to be caused in connection with the use of its advice, products or services, whatever they are and in whatever form.
Marc Weltersbach does not offer any professional medical, psychological or financial advice and that any type of content delivered by Marc Weltersbach, in any form whatsoever (ideas, concepts, strategies, advice, etc.), cannot replace the opinion and/or the intervention of a professional duly authorized by a diploma recognized by the competent authorities. As a result, Marc Weltersbach, its legal representatives, its partners, its affiliates, its suppliers cannot under any circumstances be held liable, in any way whatsoever, for damages of any kind whatsoever (physical, financial, illnesses, deaths, etc.)
in any case, the responsibility of Marc Weltersbach, its partners, its affiliates, its suppliers, would be contractually limited, if necessary, to compensation which could not be greater than the amounts incurred for the purchase of the good or service, that it is about damages (even bodily) or losses undergone or other causes.
that it is his sole and entire responsibility to cover himself for potential risks, knowing that Marc Weltersbach is not a subscriber to insurance for medical care, and/or bodily injury and/or disability.
ARTICLE 12: MEMBERSHIP AND RECOMMENDATIONS
Within its newsletters, communications, information and various publications, products and services, Marc Weltersbach may recommend tools, websites, products, or service providers that can provide the customer with a useful addition to what is delivered. by Marc Weltersbach.
The customer is informed that when this could be the case, there is generally a partnership within the framework of a commercial agreement set up with the companies which market these products or services and that Marc Weltersbach can therefore be brought, if necessary, to receive a “commission” if the client decides to purchase these products or services on the recommendation of Marc Weltersbach.
ARTICLE 13: APPLICABLE LAW
All the clauses appearing in these general conditions, as well as all the purchase and sale operations referred to therein, are subject to French law.
In the event that one of these clauses is declared not applicable, the other clauses will remain valid.
For any dispute that may arise in connection with the interpretation/execution of these presents, whatever the form, jurisdiction is given to the courts of Paris.