Preamble
Any order placed on the Site necessarily implies the CUSTOMER’s unreserved acceptance of these terms and conditions.
You have the option to register for free on the BLOCTEL telephone solicitation opt-out list (www.bloctel.gouv.fr) to no longer be contacted by phone by professionals with whom you do not have an ongoing contractual relationship, in accordance with law n°2014-344 of March 17, 2014 on consumption.
Scope of these General Terms and Conditions of Sale
These General Terms and Conditions of Sale (hereinafter “GTC”) apply, without restriction or reservation, to all sales concluded by the Seller to non-professional buyers (“The Customers or the Customer”), wishing to acquire the products offered for sale (“The Products”) by the Seller on the website www.floriangomet.com. The Products offered for sale on this site are as follows:
The main characteristics of the Products, including their specifications, are presented on the website www.floriangomet.com, which the customer must take note of before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to stock availability, as specified when the order is placed.
These GTC are accessible at any time on the website www.floriangomet.com and shall prevail over any other document.
The Customer declares that they have read these GTC and accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the website www.floriangomet.com.
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.
The Seller’s contact details are as follows:
The Seller does not hold any professional certification or state diploma.
These activities fall under so-called “non-conventional” practices, intended to relieve certain everyday ailments or to strengthen, on a preventive basis, lifestyle hygiene, quality of life, vitality, and thus overall well-being.
The Customer is informed and accepts that the Services provided do not aim to establish any diagnosis or treatment of diseases.
They are complementary practices that can be used in addition to conventional care, to contribute to well-being.
The Services provided by the Seller do not in any way replace a medical diagnosis and/or treatment and do not exempt anyone from consulting a doctor, the latter being the only one authorized to establish a medical diagnosis and an appropriate medical treatment if necessary.
Specific Articles concerning services: workshops, events, conferences, treatments, coaching, consultations, and guidance
Article 1 – Registration Acceptance
The sole proprietorship Florian Gomet reserves the right to refuse access to workshops and sessions to any person it deems unable to follow the proposed practices, who may compromise the proper conduct of the activities, who appears to have psychological or relational difficulties, or who may harm the group in any way.
If this should occur before the start of the workshop or during a workshop, there will be no refund.
1.1. The participant (The Customer) certifies having read the program and schedule of the workshops or events, and verified their availability and ability to attend the location and date of the workshop or event.
1.2 Registration will be considered final after:
Article 2 – Responsibility and Commitment
2.1. The sole proprietorship Florian Gomet cannot be held responsible for any damage or loss of objects and personal belongings brought by participants.
2.2. Although the sole proprietorship Florian Gomet is insured for the workshops and events it offers, it is the participant’s responsibility to ensure they are up to date with their Personal Liability Insurance during the workshop or event.
2.3. Registering for a workshop or event offered by the sole proprietorship Florian Gomet implies the full and entire commitment of the participant. External events (or internal ones such as health problems) may disrupt this commitment and are part of the transformation in which they engage, and confirmed by the final registration. The financial settlement for the workshop(s) or event(s), subject to acceptance of these GTC prior to any registration, cannot be called into question.
Article 3 – Right of Withdrawal – Cancellation – Postponement – Absence
COVID CONTEXT: If restrictions due to the coronavirus were to occur (such as a new lockdown), your payment will be fully refunded if it is impossible to attend the workshop, training, or event.
3.1. You can exercise your right of withdrawal within 14 days from the day after the date of purchase, provided that the service has not already been rendered, by email or mail free of ambiguity, expressing the wish to withdraw, to be sent to the Seller at the postal or email address indicated in the GTC in the relevant chapter. The exchange (subject to availability) or refund will be made by the Seller within 14 days from the date of receipt of the email or mail sent by the Customer. If you participate in a workshop or event of the sole proprietorship Florian Gomet that takes place before the end of the withdrawal period, you must expressly waive this right before the start of the workshop by sending an email stating this unambiguously.
3.2. In the event that the organizer is unable to maintain the workshop or event, a postponement to another location and/or another date and/or a credit note (valid for a different category of workshop or event) will be offered to you.
In the event of non-performance of its obligations due to an event of chance, force majeure, or a government decision impacting the holding of the workshop or event, the sole proprietorship Florian Gomet cannot be held liable to its customers.
3.3. For any cancellation by the sole proprietorship Florian Gomet:
Article 4 – Practical Information
4.1 An email with practical information (exact location, workshop schedule, and all information necessary to prepare for the workshop or event) is sent to the participant 15 days before the start of the workshop (if you register less than 15 days before the workshop or event, you will receive the practical information within the days following receipt of your payment.). The sole proprietorship Florian Gomet cannot be held responsible for the non-receipt of this email by the recipients, particularly in case of the participant’s absence from the training. It is the participant’s responsibility to check with the sole proprietorship Florian Gomet the timely receipt of the information.
Article 5 – Intellectual Property – Protection of the Florian Gomet Brand
The sole proprietorship Florian Gomet is the sole holder of the intellectual property rights for all the training it offers to participants, unless expressly stated otherwise. All promotional and educational content used in the context of workshops and training, regardless of its form (website, paper, digital, etc.), belongs exclusively to the sole proprietorship Florian Gomet.
Any use, representation, total or partial reproduction, translation, transformation, and more generally, any exploitation not expressly authorized by the sole proprietorship Florian Gomet is prohibited.
Specific Articles concerning the sale of books, films, ebooks, booklets, digital books, and various articles
Article 6 – Prices
The Products are supplied at the current prices listed on the website www.floriangomet.com at the time the order is recorded by the Seller.
Prices are expressed in Euros, excluding tax and including all taxes (VAT).
The prices take into account any discounts that may be granted by the Seller on the website www.floriangomet.com.
These prices are firm and non-revisable during their period of validity, but the Seller reserves the right, outside the validity period, to modify the prices at any time.
The prices do not include processing, shipping, transport, and delivery costs, which are charged additionally, under the conditions indicated on the site and calculated prior to the placement of the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is issued by the Seller and given to the Customer upon delivery of the ordered Products.
In case of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French overseas territories (DOM-TOM), the price will be calculated excluding tax automatically on the invoice.
Customs duties or other local taxes, import duties, or state taxes may be payable. They will be the responsibility and sole liability of the Customer.
Article 7 – Orders
It is the Customer’s responsibility to select on the website www.floriangomet.com the Products they wish to order, according to the following methods:
The customer chooses a product and adds it to their cart – a product they can delete or modify before validating their order – and accepts these general terms and conditions of sale. They will then enter their contact details. After validating the information, the order will be considered final and will require payment from the customer according to the provided methods.
Product offers are valid as long as they are visible on the website www.floriangomet.com, subject to stock availability.
The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to check the accuracy of the order and to report any errors immediately.
Any order placed on the website www.floriangomet.com constitutes the formation of a distance contract concluded between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.
The Customer can track the progress of their order on the website www.floriangomet.com.
Article 8 – Payment Conditions
The price is paid by secure payment method, according to the following methods:
The price is payable in full by the Customer on the day the order is placed.
Payment data is exchanged in encrypted mode thanks to the protocol defined by the approved payment service provider handling bank transactions on the website www.floriangomet.com.
Payments made by the Customer will only be considered final after the Seller has effectively received the sums due.
The Seller shall not be required to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.
Article 9 – Deliveries
Delivery consists of the transfer to the Customer of physical possession or control of the Product. Unless otherwise specified or in the event of unavailability of one or more Products, the ordered Products will be delivered in one shipment.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer as soon as possible.
If the ordered Products have not been delivered within 2 months after the indicative delivery date, for any reason other than force majeure or the Customer’s fault, the sale may be terminated at the written request of the Customer under the conditions provided for in articles L 216-2, L 216-3, and L241-4 of the Consumer Code. The sums paid by the Customer will then be refunded to them no later than fourteen days following the date of denunciation of the contract, to the exclusion of any compensation or deduction.
Deliveries are ensured by an independent carrier, to the address indicated by the Customer during the order and to which the carrier can easily access.
The Customer is required to check the condition of the delivered products. They have a period of 14 days from delivery to make claims by Mail, accompanied by all supporting documents (including photos). After this period and failing to comply with these formalities, the Products will be deemed conforming and free from any apparent defect and no claim can be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at its expense, the delivered Products whose conformity defects or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 et seq. of the Consumer Code and those provided for in these GTC.
The transfer of risks of loss and damage relating thereto will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of the Seller except when the Customer has chosen the carrier themselves. In this case, the risks are transferred at the time of handing over the goods to the carrier.
Article 10 – Transfer of Ownership
The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the delivery date of said Products.
Article 11 – Right of Withdrawal
11.1. According to the provisions of Article L221-18 of the Consumer Code, “For contracts providing for the regular delivery of goods over a defined period, the period runs from the receipt of the first good.”
The right of withdrawal can be exercised by email or mail free of ambiguity, expressing the wish to withdraw, and in particular by postal mail addressed to the Seller at the postal or email address indicated in the scope of the GTC.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing their resale as new, accompanied by the purchase invoice.
Damaged, soiled, or incomplete Products will not be taken back.
Return shipping costs remain the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within 14 days from receipt, by the Seller, of the Products returned by the Customer under the conditions provided for in this article.
11.2. The customer does not have a right of withdrawal for digital purchases. This exception to the right of withdrawal is provided for by law for the supply of digital content not supplied on a physical medium, if the execution has already begun with the customer’s prior consent, who has also acknowledged their right of withdrawal. Thus, by checking the box “I have read and accept the general terms and conditions of sale”, the Customer agrees to receive the digital content of the order and waives their right of withdrawal for the download of the digital content.
From the moment the customer has received the download links or online conference links for the ordered files, the customer no longer has any possibility to cancel their order and the price of their purchase will be automatically debited.
Article 12 – Seller’s Responsibility – Warranties
The Products supplied by the Seller benefit from:
Provisions relating to legal guarantees
*Article L217-4 of the Consumer Code*
“The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions, or the installation when this has been charged to him by the contract or has been carried out under his responsibility.”
*Article L217-5 of the Consumer Code*
“The good is in conformity with the contract:
12.1 If it is fit for the purpose ordinarily expected of similar goods and, where applicable:
– if it corresponds to the description given by the seller and possesses the qualities which the latter presented to the buyer in the form of a sample or model;
– if it presents the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or his representative, particularly in advertising or labeling;
12.2 Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special use sought by the buyer, brought to the seller’s attention and which the latter has accepted.”
The Seller’s liability cannot be engaged in the following cases:
Article 13 – Personal Data
The Customer is informed that the collection of their personal data is necessary for the sale of the Products by the Seller and for their transmission to third parties for the purpose of delivering the Products. This personal data is collected solely for the performance of the sales contract.
13.1 Collection of personal data
The personal data collected on the website www.floriangomet.com are as follows:
Order of Products:
When ordering Products by the Customer:
Surnames, first names, postal address, telephone number, and email address.
Payment
As part of the payment for the Products offered on the website www.floriangomet.com, these record financial data relating to the Customer/user’s bank account or credit card.
13.2 Recipients of personal data
Personal data are used by the Seller and its co-contractors for the performance of the contract and to ensure the effectiveness of the sale and delivery of the Products.
The category(ies) of co-contractor(s) is (are):
13.3 Data Controller
The data controller is the Seller, within the meaning of the French Data Protection Act and, from May 25, 2018, Regulation 2016/679 on the protection of personal data.
13.4 Limitation of processing
Unless the Customer gives their express consent, their personal data is not used for advertising or marketing purposes.
13.5 Data retention period
The Seller will keep the data thus collected for a period of 5 years, covering the limitation period for contractual civil liability applicable.
13.6 Security and confidentiality
The Seller implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
13.7 Implementation of the rights of Customers and users
Under the applicable regulations on personal data, Customers and users of the website www.floriangomet.com have the following rights:
These rights, provided they do not oppose the purpose of the processing, can be exercised by sending a request by mail or Email to the Data Controller whose contact details are indicated above in the scope of these GTC.
The data controller must respond within a maximum period of one month.
In case of refusal to comply with the Customer’s request, it must be motivated.
The Customer is informed that in case of refusal, they can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to check a box by which they agree to receive informational and promotional emails from the Seller. They will always have the possibility to withdraw their consent at any time by contacting the Seller (contact details in the scope of these GTC) or by following the unsubscribe link.
Article 14 – Intellectual Property
The content of the website www.floriangomet.com is the property of the Seller and its partners and is protected by French and international laws on intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
Article 15 – Applicable Law – Language
These GTC and the operations resulting from them are governed and subject to French law.
These GTC are written in the French language. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
Article 16 – Disputes
For any complaint, please contact customer service at the Seller’s postal or email address indicated in the scope of these GTC.
The Customer is informed that they can in any case resort to conventional mediation, with existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in case of dispute.
The customer is informed that pursuant to Art. L. 152-1. of the consumer code “Any consumer has the right to resort free of charge to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional….”.
In accordance with articles L.616-1 and R.616-1 of the consumer code, the sole proprietorship Florian Gomet has set up a consumer mediation system. The mediation entity chosen is: SAS CNPM – MÉDIATION – CONSOMMATION. In case of dispute, the consumer can file their complaint on the website:
cnpm-mediation-consommation.eu
or by post by writing to
CNPM – MÉDIATION – CONSOMMATION
27, avenue de la Libération – 42400 SAINT-CHAMOND
The Customer is also informed that they can also use the Online Dispute Resolution (ODR) platform.
All disputes relating to the purchase and sale operations concluded under these GTC which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under common law conditions.
