Type of site: Website and Marketplace
Effective from: 28/02/2024
These General Terms and Conditions of Sale (referred to as "GTCS") apply, without restriction or reservation, to all purchases of the following services offered by DigiCoachMe:
A digital marketplace facilitating connections between sports and wellness coaches and individuals.
These general terms and conditions of sale are concluded between:
As offered by the Provider to the clients ("Clients" or "Client") on the DigiCoachMe sites:
Website: https://www.digicoachme.com
Mobile application: DigiCoachMe.
The main features of the Services are presented on the website https://www.digicoachme.com.
The Client must read them before placing any order. The selection and purchase of a Service is the sole responsibility of the Client.
These GTCS are accessible at any time on the DigiCoachMe site: https://www.digicoachme.com and will prevail over any other document.
The Client declares to have read these GTCS and to have accepted them by ticking the box provided for this purpose before implementing the online order procedure on the DigiCoachMe sites at the address https://www.digicoachme.com and on the mobile application.
Unless proven otherwise, the data recorded in the Provider's computer system constitutes proof of all transactions concluded with the Client.
The Provider's contact details are as follows:
DigiCoachMe, SAS
Share capital of 1000 euros
Registered with the RCS of Arras, under number 903 285 500
Chemin des Manufactures 62800 Liévin
E-mail: Privacy@digicoachme.com
Customs duties or other local taxes or import duties or state taxes may be payable. They will be borne and are the sole responsibility of the Client.
Services are provided at the current rates listed on the DigiCoachMe site at the time of order registration by the Provider:
Website: https://www.digicoachme.com
Mobile application: DigiCoachMe.
Prices are expressed in Euros, including all taxes (TTC).
The rates take into account any discounts that may be granted by the Provider on the DigiCoachMe sites.
These rates are firm and non-revisable during their validity period but the Coach user reserves the right, outside this period, to modify the prices at any time.
The prices include the connection fees, under the conditions indicated on the site and calculated prior to placing the order.
The amount payable by the Client corresponds to the total purchase amount, including these fees.
An invoice is issued by the Provider and given to the Client upon provision of the ordered Services.
It is up to the Client to select on the Sites the Services they wish to order, following these procedures:
When a Client wishes to benefit from a Service with a Coach, the Client must first visit the Coach’s profile and review the terms and details of the services offered by the Coach.
They can then choose from various services.
No engagement is formed between the coach and the client if the client has not paid for the chosen service. The conclusion of the service is made after payment validation. The sale will only be considered valid after full payment of the price. It is up to the Client to check the accuracy of the order and report any errors immediately.
Any order placed on the website https://www.digicoachme.com and the mobile application DigiCoachMe constitutes the formation of a contract concluded remotely between the Client and the Provider.
The Provider reserves the right to cancel or refuse any order from a Client with whom there is a dispute over the payment of a previous order.
The Client can download their invoice and track the progress of their order.
The client can cancel an order 1 hour before the start of the service. Beyond that, the coach reserves the right to charge the client.
The price is payable in full by the Client at the time of order placement.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in bank transactions carried out on the DigiCoachMe sites.
Payments made by the Client will only be considered final after effective receipt of the amounts due by the Provider.
The Provider will not be required to provide the Services ordered by the Client if the latter does not pay the price in full under the conditions indicated above.
The user can cancel a reserved class at least 1 hour before the scheduled start time. If the cancellation is made within this timeframe, the client will be fully refunded. However, any cancellation made after this limit will not be eligible for a refund. It is therefore important to notify any cancellation within the allotted time to benefit from the full refund.
No Service can be provided without payment of the Service price. Services can be performed at times agreed upon by the coach.
The Services will be provided on the date and time chosen by the user when selecting the service. After payment, the client must, for a videoconference session, join the meeting 5 minutes before the agreed time and date. For a physical class, the coach must go to the client's address at the agreed time and date.
From the final validation of the Client's order, under the conditions provided in these GTCS, at the address indicated by the Client during their order on the DigiCoachMe sites, the Provider agrees to make every effort to provide the Services ordered by the Client within a best-efforts obligation and within the specified deadlines.
If the Services ordered have not been provided within the Withdrawal period after the indicative supply date, for any reason other than force majeure or the Client's fault, the sale of the Services can be resolved at the written request of the Client under the conditions provided in articles L 216-2, L 216-3, and L241-4 of the Consumer Code. The amounts paid by the Client will then be returned at the latest within fourteen days following the contract termination date, excluding any compensation or withholding.
In the event of a specific request from the Client regarding the Service supply conditions, duly accepted in writing by the Provider, the related costs will be subject to additional specific billing.
In the absence of explicit reservations or claims made by the Client upon receipt of the Services, they will be deemed to comply with the order in quantity and quality.
The Client will have 14 days from the provision of the Services to issue claims by email. Users must send their claims to the following email address: Privacy@digicoachme.com, with all relevant supporting documents, to the Provider.
No claim will be validly accepted in case of non-compliance with these formalities and deadlines by the Client.
The Provider will refund or rectify as soon as possible and at their own expense the Services whose non-compliance has been duly proven by the Client.
The right of withdrawal can be exercised online using the withdrawal form attached and also available on the site or any other unambiguous declaration expressing the wish to withdraw, including by postal mail addressed to the Provider at the postal or email addresses indicated in ARTICLE 1 of these GTCS.
In case of exercising the right of withdrawal within the stated period, only the price of the ordered Services is refunded.
The reimbursement of the sums actually paid by the Client will be made within a maximum period of 14 days from the receipt by the Provider of the Client's withdrawal notification.
The user acknowledges that DigiCoachMe facilitates the connection between parties and disclaims any responsibility in case of conflict between the client and the provider. No proceedings may be initiated in this regard.
The User agrees to access and use the Site and Services in accordance with the laws in force and these General Terms and Conditions of Sale.
The User agrees to complete all formalities legalizing their activity under French law and/or foreign legislation applicable to their activity and the use of Services.
The user agrees to provide, upon request, all documentation proving compliance with social and legal obligations regarding the coach's activity.
The User agrees to act respectfully towards other users and the platform.
Users also agree to comply with the following conditions when creating their profile and service offerings and using DigiCoachMe Sites:
In case of non-compliance or breach of one or more social and legal obligations, the Company's liability cannot be engaged.
Users agree not to circumvent the Services offered by DigiCoachMe. Coaches and clients must use only the services provided by the platform. In case of breach of these conditions, the company is authorized to warn and/or delete Users not respecting these conditions. If any circumvention is observed, the User agrees to immediately inform the Company.
Any data recovery from DigiCoachMe sites for commercial, competitive, or personal purposes is strictly prohibited. DigiCoachMe reserves the right to prosecute the physical or legal person in case of non-compliance with these conditions.
The User is prohibited from publishing or distributing any illegal content, and must not engage in or promote illegal activity. In case of non-compliance with these conditions, the company reserves the right to warn and/or delete the User.
DigiCoachMe reserves the right to delete a user's account that has not completed all legal formalities regarding their activity.
In case of force majeure or unexpected circumstances, the company's liability cannot be engaged.
The Client is informed that the collection of their personal data is necessary for the sale of Services, their execution and delivery, as well as their transmission to third parties involved in the provision of the Services. This personal data is collected solely for the execution of the service contract.
The personal data collected on the DigiCoachMe Sites are as follows:
Account Creation:
During the creation of the Client/user account:
Payment:
For payment of the Services offered on the DigiCoachMe Sites, financial data related to the bank account or credit card of the Client/user is recorded through STRIPE.
Personal data is used by the Provider and its co-contractors for the execution of the contract and to ensure the efficiency of service provision, execution, and delivery.
The category(ies) of co-contractor(s) is (are):
The data controller is the Provider, as defined by the Data Protection Act and, from May 25, 2018, by Regulation 2016/679 on the protection of personal data.
Unless the Client expressly agrees, their personal data is not used for advertising or marketing purposes.
The Provider will retain the collected data for a period of 5 years, covering the time required by the statute of limitations for contractual civil liability.
The Provider implements organizational, technical, software, and physical security measures to protect personal data from alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Provider cannot guarantee the security of information transmission or storage over the Internet.
Clients can update or delete their personal data as follows:
These rights, provided they do not conflict with 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.
The Data Controller must respond within a maximum period of one month. If the Client's request is denied, the refusal must be justified. The Client is informed that in case of refusal, they can file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seek judicial recourse.
The Client may be asked to check a box indicating their consent to receive informational and promotional emails from the Service Provider. They will always have the option to withdraw their consent at any time by contacting the Service Provider (contact details above) or by following the unsubscribe link.
The content of the website https://www.digicoachme.com and the DigiCoachMe mobile application is the property of the Seller and its partners and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offense.
These General Terms and Conditions (GTC) and any operations arising from them are governed by and subject to French law.
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the case of a dispute.
For any complaints, please contact the customer service at the postal address or email of the Service Provider indicated in ARTICLE 1 of these GTC.
The Client is informed that they may, in any case, resort to conventional mediation through existing sector-specific mediation bodies or any alternative dispute resolution method (such as conciliation) in the event of a dispute. The Client is also informed that they can use the Online Dispute Resolution (ODR) platform at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show.
All disputes arising from the purchase and sale transactions concluded under these GTC that have not been resolved amicably with the seller or through mediation will be submitted to the competent courts under common law conditions.