General terms and conditions and privacy
The present sales conditions are concluded on the one hand by the micro enterprise “Going Back Home” whose head office is located at Rue Camille Margaine, 51800 Ste Menehould, registered at the Registre du Commerce et des Sociétés de la Marne under the number 440 757 755 hereinafter called “Going Back Home” and managing the website www.ellenmoutontv.com, https://metamorphose.thinkific.com, and www.voiceofmindfulness.com and, on the other hand, by any individual or legal entity wishing to proceed to a purchase via the websites www.ellenmoutontv.com, https://metamorphose.thinkific.com, and www.voiceofmindfulness.comhereinafter called “the buyer”.
Article 1. Purpose
The present sales conditions aim at defining the contractual relations between “Going Back Home” and the buyer and the conditions applicable to any purchase made through the website www.ellenmoutontv.com, https://metamorphose.thinkific.com, and www.voiceofmindfulness.com. The acquisition of a product through the present website implies the buyer’s unreserved acceptance of the present sales conditions, which the buyer acknowledges to have read prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of products on the website www.ellenmoutontv.com, https://metamorphose.thinkific.com, and www.voiceofmindfulness.com is not directly related to his professional activity and is limited to a strictly personal use and on the other hand to have the full legal capacity, allowing him to commit himself under these general conditions of sale.
The micro enterprise “Going Back Home” keeps the possibility to modify at any time these sales conditions, in order to respect any new regulation or in order to improve the use of its website. Therefore, the applicable conditions will be those in force at the date of the order by the buyer.
Article 2. Products and services
The products offered are those that appear on the www.ellenmoutontv.com, https://metamorphose.thinkific.com, and www.voiceofmindfulness.com websites of the company “Going Back Home” within the limit of available stocks. The essential characteristics of the goods and services and their respective prices are made available to the buyer on the company’s websites. The customer certifies that he/she has received details of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honour the Customer’s order within the limits of available stocks of Products only. In the absence of such availability, the Seller shall inform the Customer. This contractual information is presented in detail and in English. In accordance with French law, it is summarised and confirmed when the order is validated. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the company’s websites, as well as the minimum duration of the proposed contracts when they concern a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted hereunder are granted only to the natural person who signs the order (or the person who holds the email address communicated). In accordance with the legal provisions concerning conformity and hidden defects, the Seller shall refund or exchange defective products or products that do not correspond to the order. The refund can be requested in the following way: All claims, requests for exchange or refund must be made by post to the following address: Going Back Home, KIEMA – 25 Rue Camille Margaine, 51800 Ste Menehould, within thirty days after delivery.
Article 2.1: Retention of title clause
The products remain the property of the company until full payment of the price. Concerning the sale of online training and courses, the micro enterprise “Going Back Home” makes available the videos of the training and coaching sold on a private site that can be used or on one or more private portions of the sites belonging to Going Back Home, www.ellenmoutontv.com, https://metamorphose.thinkific.com, and www.voiceofmindfulness.com by the buyer only. The trainings and courses can be modified at any time.
Article 2. 2 Availability and presentation
Orders will be processed within the limits of our available stocks or subject to the stocks available from our suppliers. In case of unavailability of an article for a period of more than 30 working days, you will be immediately informed of the foreseeable delivery time and the order of this article can be cancelled on simple request.
Article 3. Tariffs
The prices of the products sold through the websites are indicated in Euros (or the currency chosen by you, or detected by your browser) excluding taxes and are precisely determined on the pages describing the Products. They are also indicated in Euros (or the currency chosen by you, or detected by your browser) including all taxes (VAT + other taxes if applicable) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not under the responsibility of the Seller. They shall be borne by the Buyer and are the Buyer’s responsibility (declarations, payment to the relevant authorities, etc.). The Seller invites the buyer to inquire about these aspects with the corresponding local authorities. The company reserves the right to change its prices at any time in the future. The telecommunication costs necessary to access the company’s websites shall be borne by the Customer. If necessary, the delivery costs are also charged. Any change in the VAT rate may be reflected in the price of the products. The micro enterprise “Going Back Home” reserves the right to modify its prices at any time, it being understood however that the price appearing in the catalogue on the day of the order will be the only one applicable to the buyer.
Article 3.1 : Tariffs: unlawful clause
The company reserves the right to change prices at any time for products purchased on subscription by the consumer.
Article 4. Order and validation of your order
The contractual information is presented in English and will be confirmed at the latest at the time of validation of your order.
The Customer must follow a series of steps specific to each Product offered by the Seller in order to place an order. However, the steps described below are systematic: ➢ Information on the essential characteristics of the Product; ➢ Choice of the Product, if applicable of its options and indication of the essential data of the Customer (identification, address…); ➢ Acceptance of these General Terms of Sale. ➢ Verification of the elements of the order and, if necessary, correction of errors. ➢ Follow-up of payment instructions, and payment of products. ➢ Delivery of the products. The Customer will then receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order, confirming it. A .pdf copy of the present general conditions of sale is available at https://ellenmoutontv.com/terms-and-conditions/. For delivered products, this delivery will be made to the address indicated by the Customer. In order to complete the order correctly, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide truthful identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Any order on the website
implies adherence to the present General Conditions. Any confirmation of order implies your full and complete adherence to these general conditions of sale, without exception or reservation.
All the data provided and the recorded confirmation will be considered as proof of the transaction.
You declare that you are fully aware of this.
The confirmation of the order will be considered as a signature and acceptance of the operations carried out.
Article 5: Retention of title clause
The products remain the property of the company until full payment of the price.
Article 6: Delivery terms
The products are delivered to the delivery address that was indicated at the time of the order and the time indicated. Delivery times are given as an indication only; if they exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed. This period does not take into account the preparation time of the order. When the delivery requires an appointment with the Customer in the context of a coaching session by phone or skype or Google hangout or any other means of video conferencing, an appointment or appointments, in the case of multiple coaching sessions, will be given via the email of the buyer, within 72 hours after validation of the payment, for the first session, and within 72 hours after each subsequent session, and after validation of the payment, for the next sessions, until exhaustion of the sessions purchased by the customer. In the event of late delivery, the Customer may cancel the contract in accordance with the terms and conditions set out in Article L 138-2 of the French Consumer Code, in which case the Seller shall refund the product and the “outward” costs in accordance with Article L 138-3 of the French Consumer Code. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to follow up the order. The Seller reminds that at the moment when the Customer takes physical possession of the products, the risks of loss or damage of the products are transferred to him. It is the Customer’s responsibility to notify the carrier of any reservations about the product delivered. Any protest must be made to the carrier within three days of delivery.
For video training, a code is sent to the email address provided by the customer when ordering. Access code allowing him to access the private site.
Article 7: Availability and presentation
Orders will be processed within the limits of our available stocks or subject to the stocks available from our suppliers. In case of unavailability of an article for a period exceeding 30 working days, you will be immediately warned of the foreseeable delivery time and the order of this article can be cancelled on simple request. The Customer may then request a credit note for the amount of the article or a refund.
Article 8: Payment
The payment is due immediately at the order, including for the pre-ordered products. The Customer can make the payment by credit card through PayPal or STRIPE, and he will have to take knowledge of their general conditions of sale, before any purchase of services and products proposed by the micro enterprise “Going back Home”.
Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Once the payment is initiated by the Customer, and validated by STRIPE or PAYPAL, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay by card is irrevocable. In the event of an error, or the impossibility of debiting the card at PAYPAL or STRIPE, the Sale is immediately cancelled by right and the order cancelled.
Article 9: Withdrawal period
In accordance with Article L. 121-20 of the Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception, where applicable, of the cost of return”. “The period mentioned in the previous paragraph runs from the date of receipt for goods or acceptance of the offer for services. The right of withdrawal can be exercised by contacting the company as follows: the request will be made by mail and via the same means of payment as that used when ordering.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
We inform Customers that in accordance with Article L.121-21-8 of the Consumer Code, this right of withdrawal cannot be exercised for:
The supply of services which are fully performed before the end of the withdrawal period and the performance of which has begun after the consumer has given his prior express consent and expressly waived his right of withdrawal.
The supply of goods or services whose price depends on fluctuations in the financial market beyond the trader’s control and which may occur during the withdrawal period.
We inform buyers that in accordance with Article L. 121-20-2 of the Consumer Code, the right of withdrawal can not be exercised for the purchase of videos, online training or any product or service in digital form and downloadable.
If the right of withdrawal is exercised within the above-mentioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed; the return costs remain the responsibility of the Customer. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal. Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition; if possible, they must be accompanied by a copy of the proof of purchase.
In accordance with the legal provisions, you will find below the standard withdrawal form to be sent to the following address Going Back Home, KIEMA – 25 Rue Camille Margaine, 51800 Ste Menehould.
Refund procedure: all refund requests must be made by post to the following address Going Back Home, KIEMA – 25 Rue Camille Margaine, 51800 Ste Menehould, within thirty days after delivery, specifying the price, the order number and any proof supporting the request, and can only be claimed by the buyer or his legal representative.
Article 10: Guarantees
In accordance with the law, the Seller assumes two guarantees: of conformity and relative to hidden defects of the products. The Seller will refund the buyer or exchange the products that appear to be defective or do not correspond to the order placed. The refund request must be made in the following way: all claims, exchange or refund requests must be made by post to the following address Going Back Home, KIEMA -25 Rue Camille Margaine, 51800 Ste Menehould, within thirty days after delivery.
The Seller reminds that the consumer: – has a period of 2 years from the delivery of the goods to act with the Seller – can choose between the replacement or repair of the goods subject to the conditions provided for by the art. apparently defective or not corresponding – is exempted from proving the existence of the lack of conformity of the goods during the six months following delivery of the goods. – that, except for second-hand goods, this period will be extended to 24 months from 18 March 2016 – that the consumer may also claim the guarantee against hidden defects in the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between rescission of the sale or a reduction in the sale price (provisions of Articles 1644 of the Civil Code).
Article 11: Complaints
If necessary, the Buyer can present any claim by contacting the company using the following coordinates all claims, requests for exchange or reimbursement must be made by post to the following address Going Back Home, KIEMA – 25 Rue Camille Margaine, 51800 Ste Menehould, within thirty days after delivery
Article 12: Intellectual Property Rights
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 13: Force majeure
The performance of the seller’s obligations under this agreement shall be suspended in the event of a fortuitous event or force majeure that would prevent its performance. The seller shall notify the customer of the occurrence of such an event as soon as possible.
Article 14: Invalidity and modification of the contract
Should any of the stipulations of this contract be null and void, this shall not entail the nullity of the other stipulations, which shall remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
Article 15. Reservation of ownership
GoingBack Home” retains full ownership of the products sold until full payment of the price, in principal, fees and taxes included. Concerning the sale of training, the company “GoingBack Home” keeps the property of the videos, they are only made available to the buyer.
Article 16. Liability
The micro enterprise “Going Back Home” in the process of distance selling, is only held by an obligation of means. Its responsibility cannot be engaged for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of service, or other involuntary problems.
Furthermore, the micro enterprise “Going Back Home” cannot be held responsible for damages resulting from a bad use of the purchased product.
Article 17. Intellectual Property
All the elements of the website www.ellenmoutontv.com, https://metamorphose.thinkific.com, and www.voiceofmindfulness.com are and remain the exclusive intellectual property of the micro enterprise “Going Back Home”. No one is allowed to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether they are in the form of photo, logo, visual or text.
Article 18. Personal data
The micro enterprise “Going Back Home” commits itself to preserve the confidentiality of the information provided by the buyer, which he would be led to transmit for the use of certain services. Any information concerning the buyer is subject to the provisions of the law n° 78-17 of January 6, 1978. As such, the Internet user has the right to access, modify and delete information concerning him. He can ask for it at any time by mail to the following address Going Back Home, KIEMA – 25 Rue Camille Margaine, 51800 Ste Menehould.
Article 19. Applicable law
All the clauses contained in these general terms and conditions of sale, as well as all the purchase and sale operations referred to herein, shall be subject to French law.
For all disputes or litigation, the French courts will have exclusive jurisdiction.
Identity of the data controller
Your personal data are collected by Going Back Home, Head Office KIEMA – 25 Rue Camille Margaine, 51800 Ste Menehould.
Your data may be passed on to the companies responsible for carrying out the studies and surveys.
Collection of information
We collect information when you register on our website www.ellenmoutontv.com, https://metamorphose.thinkific.com, and www.voiceofmindfulness.com, when you log into your account, make a purchase, enter a contest, subscribe to the newsletter, send a message via the contact form, and/or when you log out. The information collected includes your name, email address, phone number, and/or credit card information. In addition, we automatically receive and record information from your computer and browser, including your IP address, your software and hardware, and the page you request.
Use of information
Any information we collect on our www.ellenmoutontv.com, https://metamorphose.thinkific.com, and www.voiceofmindfulness.com auprès sites from you may be used to: Personalize your experience and meet your individual needs, provide customized advertising content, improve our website, improve customer service and your care needs as well as contact you via email to offer a contest, promotion, or survey.
We are the sole owners of the information collected on www.ellenmoutontv.com, https://metamorphose.thinkific.com, and www.voiceofmindfulness.com. Your personal information will not be sold, traded, transferred, or given to any other company for any reason, without your consent, other than what is necessary to fulfill a request and/or transaction, such as to ship an order.
Disclosure to third parties
Protection of information
We use the email address you provide to send you information and updates about your order, occasional company news, information about related products, etc. If at any time you wish to unsubscribe and not receive any more emails, detailed unsubscribe instructions are included at the bottom of each email.
Links to other sites
Our sites may contain links to third party sites that are not owned or controlled by Going Back Home and its site www.ellenmoutontv.com, https://metamorphose.thinkific.com, and www.voiceofmindfulness.com.
Going Back Home and its website www.ellenmoutontv.com, https://metamorphose.thinkific.com, and www.voiceofmindfulness.com, has no control over, nor can it be held responsible for, any content, data processing policies, or practices of any third party site or service. We urge you to carefully read the terms and conditions of any third party site you visit.
*Our general terms and conditions of sale have been drawn up from a free template that can be downloaded from https://www.donneespersonnelles.fr/”