1. General Conditions of Sale and Use
These General Terms and Conditions of Sale and Use (hereinafter the “GTCU”) apply in addition, as far as Buyers are concerned, to the Buyers’ GTCU and, as far as Sellers are concerned, to the Instructors’ GTCU, in which the capitalized terms used in these GTCU are defined.
The GCVU applies to all sales of Activities carried out through the Service between the Seller (hereinafter the Instructor) and the Buyer. They are intended to govern relations between the Instructors and the Buyers of Activities, excluding those between the Buyers and eClub or between the Instructors and eClub. Relations between the Buyers and eClub are governed by the Buyer’s Terms and Conditions. Relations between the Members and eClub are governed by the Terms and Conditions for Members.
eClub is not the Seller of the Activities purchased through the Service; only the Leader, whose name is indicated on the description sheet for each Activity, is the Buyer’s co-contractor for the purchase of said Activities.
1.1. Conclusion of the contract of sale between the Buyer and the Seller Instructor
1) The Activities are presented on the Site with a description that enables the Buyer to know their essential characteristics, their price, and their progress.
2) The Buyer selects the Activity(ies) he wishes to purchase.
3) The Buyer confirms his choice of Activities and acknowledges and accepts the present Terms and Conditions of Sale when validating his order.
4) The Buyer receives an email confirming the registration of his/her order and his/her bank account is debited for the amount of the order.
5) The Instructor is informed by eClub that one or more Animations that he or she has put online have been ordered.
6) As at least one session of the Activities ordered approaches, the Buyer receives a notification encouraging him/her to Book the next session. The Moderator is notified by eClub at the time of each Reservation or Cancellation of a session concerning him/her.
7) The Host undertakes to provide the Services ordered and reserved by the Buyer. Failing this, he undertakes to send a message to the Buyers concerned at the latest 24 hours before the session reserved for the Activities concerned. Their reservation will be automatically canceled and they will be invited to book a later session. The instructor can also propose to the Purchasers a refund of the orders in agreement with them.
In the absence of contact by the Instructor with the Buyers concerned by cancellation of a reserved session within the period referred to in point 6), the contract concluded between the Buyer and the Seller is automatically canceled and each of the parties is released from its obligations. In particular, the Buyer is assured that his bank account will not be debited.
8) The Instructors may define a minimum number of participants required for an Activity. If the defined number has not been reached 2 hours before the session, the session will be automatically canceled and the Buyers will then be encouraged to book for the next session.
Instructor Activity offers are valid as long as they are visible on the Site, within the limit of the number of people who can attend each session.
Likewise, in the particular case where the same Activity is booked for a date by several Buyers at the same time, and depending on the maximum number of people who can attend each session, it will only be reserved for the first Buyer who registers his/her booking. The other Buyers will not be able to book for the session concerned but for a later session.
9) The Purchaser is invited to evaluate the performance of the Instructor according to the methods provided for in article 1.5 Evaluation of the Instructors.
1.2. Price and payment
The purchase price of the Activity is set by the Facilitator. It is mentioned in euros including all taxes on the description sheet. As a reminder, the fact that the Buyer validates his order implies the obligation at his expense to pay the price indicated.
Payment for purchases made through the Service can be made by the means of payment indicated in the “Means of Payment” section with eClub, which collects the corresponding amount in the name and on behalf of the Seller.
1.3 Right of withdrawal
In accordance with the legal provisions in force, under the terms of Article L 221-28 of the Consumer Code, the buyer may not exercise his right of retraction concerning the provision of accommodation, transport, catering and leisure services which must be provided on a specific date or according to a specific frequency.
In the event of cancellation or modification, decided and announced by the Instructor, of the date or time of a session, the Instructor may use the contact details entered at the time of the order to inform the Purchasers who have canceled or modified their order.
1.4 Litigation – Disputes – Mediation – Online dispute resolution
1.4.1 Claims processing
At any time, the Buyer has the possibility to contact the Seller, to address any request, a complaint relating to the Activities ordered using the messaging tool made available as part of the Service.
Disputes are settled directly between the Buyer and the Seller if necessary using the messaging tool made available to them on the Service.
The Buyer and the Instructor Seller will make their best efforts to reach an amicable resolution of the dispute.
Nevertheless, in the event that the Instructor Seller has not resolved the dispute between the Buyer and the Instructor Seller within 8 working days from receipt of the complaint, eClub reserves the right, after having previously informed the Instructor Seller, to reimburse the Activity to the customer. The amount of this refund will then be deducted from the sums to be paid by eClub to the Instructor Seller in respect of the Activities sold by the Instructor Seller via the Service.
Depending on the case, the declared dispute will give rise either to a discount coupon on the order of a new session for the Activity ordered or to reimbursement.
1.4.2 Online Dispute Resolution Platform
In accordance with Article 14 of Regulation (EU) n°524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.
This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/
1.5. Evaluation of the Instructors
eClub provides Buyers with the means to evaluate the performance of the Instructor at the end of the Reserved session following the order of an Activity. This transparency allows Buyers to select Activities carried out by the most serious Leaders who best respect the terms and conditions of use of the Service.
The assessment is carried out according to evaluation criteria and by the attribution of star(s) by the Buyers. In this respect, eClub does not control the assessment made by the Buyers, which it simply stores on the Site. However, eClub may, without prior notice, remove any assessment whose content has been reported to it as being illegal. The assessments left by the Buyer, as well as his pseudonym, will be visible by any visitor to the Site.
1.6. Personal data
The information and data concerning You are processed by eClub, they are necessary for the management of your account and your access to the Service. The information necessary for delivery will be transferred to the Seller for this sole purpose.
The Site is subject to a security system: eClub has adopted the SSL encryption process and has implemented best practices to enhance security and protect as effectively as possible all sensitive data related to the means of payment used on the Site.
1.8. Partial nullity
If one or more stipulations of these GTCU are held to be invalid or declared as such in application of a law, regulation, or final decision of competent jurisdiction, the other stipulations will retain their full force and scope.
1.9. Applicable law
The present general conditions are subject to French law. Any dispute relating to their interpretation and/or execution shall be subject to French jurisdiction.