GENERAL TERMS AND CONDITIONS OF SALE
* see article 10
ARTICLE 1 - Scope
These General Terms and Conditions of Sale (known as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller to non-professional buyers ("Customers or Customer"), wishing to acquire the products offered for sale ("The Products") by the Seller on the APPLE and GOOGLE stores, or on the www.hypnosheaven.fr website. The Products offered for sale on the site are as follows:
SALE OF SELF-HYPNOSIS MP3 FILES WITH OR WITHOUT APPLICATION FOR SMARTPHONES AND OTHER COMPUTING DEVICES.
The main characteristics of the Products and in particular the specifications, illustrations and indications or capacity of the Products, are presented on the site www.hypnosheaven.fr which the customer is required to read before ordering.
The choice and purchase of a Product is the sole responsibility of the Customer.
These GTC are accessible at any time on the www.hypnosheaven.fr website and will not prevail over the GTC of APPLE or GOOGLE who are in charge of the transaction on the stores.
The Customer declares to have read these GTC and to have accepted them by ticking the box provided for this purpose or by clicking on the "Accept" button on the stores, before the implementation of the online ordering procedure on the APPLE and GOOGLE stores, or on the www.hypnosheaven.fr website.
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:
HYPNO'S HEAVEN, SAS
Share capital of 1500 euros
Registered with the RCS of BRIVE LA GAILLARDE, under the number 898852405
La Guerlie, 19500 JUGEALS-NAZARETH, FRANCE
Email : contact@hypnosheaven.fr
Intra-Community VAT Number FR04898852405
The Products presented on the APPLE and GOOGLE stores are offered for sale in the following territories:
WHOLE WORLD AND MAINLY FRENCH AND ENGLISH-SPEAKING COUNTRIES.
The Products presented on the www.hypnosheaven.fr site are offered for sale for the following territories:
METROPOLITAN FRANCE AND DOM/TOM
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product or Products concerned.
For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice (at the expense of APPLE and GOOGLE)
Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and are the sole responsibility of the Customer.
ARTICLE 2 - Prices
The Products are supplied at the rates in force appearing on the www.hypnosheaven.fr website, when the order is registered by the Seller.
Prices are expressed in Euros (Euro Zone), HT and TTC.
The prices take into account any reductions or commercial offer that would be granted by the Seller on the www.hypnosheaven.fr site.
These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
The payment requested from the Customer corresponds to the total amount of the purchase including VAT.
An invoice, which is the responsibility of APPLE and GOOGLE, is established and given to the Customer upon delivery of the Products ordered.
For purchases via the hypnosheaven.fr website, an invoice is established and given to the customer upon delivery of the products ordered.
ARTICLE 3 – Orders
It is up to the Customer to select on the APPLE or GOOGLE stores, the Products he wishes to order, according to the following modalities:
The customer downloads the application for free from an App store such as Google Play or Itunes (Apple). The purchase by credit card and then the listening of the MP3 files chosen, requires beforehand a simple registration with Name, First name and email address, and a prior acceptance of the general conditions. The purchase is final as long as the customer keeps his application and if this backup requires an update.
At least one file in French and English are made available free of charge, in full, to reinforce the act of optional purchase, and thus give an indication of the author's style. The files are subject to copyright (SACD, INPI, etc.) like the musical works downloadable on the stores, so these MP3 files of self-hypnosis do not give rise to a refund if the file is not to the "taste" of the customer. The provision of the purchase subject to copyright being immediate, the act of purchase does not give rise to a period of reflection or withdrawal.
Free files are also subject to copyright with the SACD and INPI (French Rights) and other provisions of protection and proof of origin of works in case of disputes under international law.
Product offers are valid as long as they are visible on the stores or the site.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to report any error immediately.
Any order placed on the www.hypnosheaven.fr site or the application constitutes the formation of a contract concluded remotely 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 relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the site.
ARTICLE 3 Bis - Customer area - Account
In order to place an order, the Customer is invited to create an account (personal space).
To do this, he must register by filling out the form that will be offered to him at the time of his order and undertakes to provide sincere and accurate information concerning his civil status and contact details, including his email address.
The Customer is responsible for updating the information provided. He is told that he can modify them by logging into his account.
To access his personal space and order histories, the Customer must identify himself using his username and password that he chooses himself after registration and which are strictly personal. As such, the Customer is prohibited from any disclosure. Otherwise, he will remain solely responsible for the use that will be made of it.
The Customer may also request unsubscription by going to the dedicated page on his personal space or sending an email to: contact@hypnosheaven.fr. This will be effective within a reasonable time.
In the event of non-compliance with the general conditions of sale and / or use, the site www.hypnosheaven.fr will have the possibility to suspend or close the account of a customer after formal notice sent electronically and remained without effect.
Any deletion of an account, for whatever reason, results in the outright deletion of all personal information of the Customer.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in case of maintenance, does not engage the responsibility of the Seller.
The creation of the account entails the acceptance of these general conditions of sale.
ARTICLE 4 - Terms of payment
The price is paid by secure payment, according to the following terms:
· payment by credit card on the APPLE and GOOGLE stores. Payment possible by credit card via a secure link concerning the products and offers offered on hypnosheaven.fr
The price is payable in cash by the Customer, in full on the day of placing the order.
Payment data is exchanged in encrypted mode thanks to the protocol defined by the authorized payment provider involved in banking transactions carried out by APPLE and GOOGLE or the company SUMUP (products offered on www.hypnosheaven.fr).
Payments made by the Customer will be considered final only after actual receipt by the Seller of the sums due.
The Seller will 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 5 - Deliveries
The Products ordered by the Customer will be delivered in metropolitan France or in the following area(s):
WORLD.
Deliveries take place within a period of immediate availability of the product online upon purchase at the address indicated by the Customer when ordering on the site.
Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above.
If the Products ordered have not been delivered within a period of If computer anomaly of the server, the customer may cancel his order within 72 hours. after the indicative date of delivery, for any reason other than force majeure or the fact of the Customer, the sale may be canceled 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 returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.
In the event of a special request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, on estimate previously accepted in writing by the Customer.
The Customer is required to check the condition of the delivered products. He has a period of 24 hours Maximum time to check the quality of the products from delivery to make complaints that are made by email to:
, accompanied by all the supporting documents relating to it (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed compliant and free from any apparent defect and no claim can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 and following of the Consumer Code and those provided for in these GTC.
ARTICLE 6 - Transfer of ownership
The transfer of ownership of the Products from the Seller to the Customer will only be made after full payment of the price by the latter, regardless of the date of delivery of the said Products. The reproduction, sale, duplication, modification and use of MP3 files and copyrighted texts remain strictly prohibited under penalty of prosecution.
ARTICLE 7 - Right of withdrawal
Given the nature of the Products sold, orders placed by the Customer do not benefit from the right of withdrawal.
The contract is therefore concluded definitively as soon as the order is placed by the Customer according to the terms specified in these GTC.
ARTICLE 8 - Seller's liability - Guarantees
The Products supplied by the Seller benefit:
· the legal guarantee of conformity, for defective, damaged or damaged Products or not corresponding to the order,
· the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and making them unfit for use,
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
'The seller is obliged to deliver goods in conformity with 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, assembly instructions or 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 goods are in conformity with the contract:
(1) If it is fit for the use usually expected of a similar property and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted. »
Article L217-12 of the Consumer Code
"The action resulting from the lack of conformity shall be prescribed by two years from the delivery of the goods."
Article 1641 of the Civil Code.
"The seller is bound by the guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would have given a lower price, if he had known them. "
Article 1648 paragraph 1 of the Civil Code
"The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect."
Article L217-16 of the Consumer Code.
'Where the buyer requests from the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilisation of at least seven days shall be added to the remaining duration of the guarantee. This period runs from the buyer's request for intervention or the making available for repair of the property in question, if this provision is subsequent to the request for intervention. »
In order to assert his rights, the Customer must inform the Seller, in writing (email or mail), of the non-conformity of the Products or the existence of hidden defects from their discovery.
The Seller will refund the purchase of Products deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.
This refund can be made by bank transfer (RIB to be provided).
The Seller cannot be held liable in the following cases:
· non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,
· in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the support for listening to the Product (smartphone, computer or tablet), accident or force majeure.
· The photographs and graphics presented on the site are not contractual and can not engage the responsibility of the Seller.
The Seller's warranty is, in any event, limited to the replacement or refund of non-compliant or defective Products.
The scripts proposed in the MP3 works of self-hypnosis are composed of suggestions created by the care of the author (Ericksonian Hypnosis). The company SAS HYPNO'S HEAVEN disclaims any responsibility if the listener is under the influence of medication, drugs, alcohol, or is not in an adequate situation for optimal listening (listening while driving, etc.). In case of medication and / or psychological follow-up and / or in case of doubt, it is imperative to seek the advice of your doctor.
(The company offers the listener to first listen mindfully (active listening) to the MP3 file to reassure himself in case of doubt, before listening to it quietly in a passive position (lying down or semi-lying position), without distraction, eyes closed to make the most of a good "hypnotic relaxation". People with psychiatric disorders are not advised to use their files. In case of doubt, it is advisable to contact your doctor and/or specialist.
A free file is available in the BETTER BEING category to test the application and its effects. See instructions.
ARTICLE 9 - Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of the Products and their delivery / delivery, entrusted to the Seller. This personal data is collected solely for the execution of the sales contract.
9.1 Collection of personal data
The personal data that is collected on the www.hypnosheaven.fr website or stores and the associated application are as follows:
Account opening
When creating the Customer / User account:
Surnames, first names, postal address, telephone number and e-mail address.
Payment
As part of the payment of the Products offered on the www.hypnosheaven.fr site, it records financial data relating to the bank account or credit card of the Customer / user.
9.2 Recipients of personal data
Personal data is reserved for the sole use of the Seller and its employees.
9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and as of 25 May 2018 of Regulation 2016/679 on the protection of personal data.
9.4 Restriction of processing
Unless the Customer expresses his express consent, his personal data is not used for advertising or marketing purposes and is not resold to third parties.
9.5 Data retention period
The Seller will keep the data thus collected for a period of 5 years, covering the time of the prescription of the applicable contractual civil liability.
9.6 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.
The protection of personal data complies with the European GDPR regulation.
9.7 Implementation of the rights of Customers and Users
In application of the regulations applicable to personal data, Customers and users of the www.hypnosheaven.fr site have the following rights:
· They can update or delete their data in the following ways:
The customer can request the deletion of his personal data in the database but will no longer be able to benefit from the functionality of the application and will lose the ability to access his purchases.
· They can delete their account by writing to the email address indicated in Article 9.3 "Data Controller"
· They may exercise their right of access to know the personal data concerning them by writing to the address indicated in Article 9.3 "Data Controller"
· If the personal data held by the Seller is inaccurate, they may request the updating of the information by writing to the address indicated in Article 9.3 "Data Controller"
· They may request the deletion of their personal data, in accordance with applicable data protection laws by writing to the address indicated in Article 9.3 "Data Controller"
· They may also request the portability of the data held by the Seller to another service provider.
· Finally, they may object to the processing of their data by the Seller.
These rights, provided that they do not oppose the purpose of the processing, may be exercised by sending a request by mail or e-mail to the Data Controller whose contact details are indicated above.
The controller must provide a response within a maximum period of one month.
In case of refusal to comply with the Customer's request, the latter must be motivated.
The Customer is informed that in case of refusal, he may 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 tick a box under which he agrees to receive informative and advertising emails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - Intellectual property
The content of all HYPNO'S HEAVEN publications is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
The titles of the sessions marked with a (*) indicate that the scripts used by the company HYPNO'S HEAVEN in the sessions were inspired by recognized and royalty-free scripts ( see page 2 of the PREFACE of the book METAPHORES ET SUGGESTIONS HYPNOTIQUES published by "Le Germe").
The works (titles without *) were created entirely by the company HYPNO'S HEAVEN and are subject to copyright (deposits with the INPI and the SACD).
The recording, distribution, reproduction, sale and any other use of all these works are strictly prohibited under penalty of prosecution.
ARTICLE 11 - Applicable law - Language
These GTC and the operations resulting 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 event of a dispute.
ARTICLE 12 - Disputes
Remember to read the general conditions of use before any complaint.
For any complaint, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these GTC.
The Customer is informed that he may in any event have recourse to conventional mediation, to existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In this case, the mediator appointed is CNPM (contract number CNPM23125).
"In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, we offer a consumer mediation system. The selected mediation entity is: CNPM - MEDIATION DE LA CONSOMMATION. In case of dispute, you can file your complaint on its site:
https://cnpm-mediation-consommation.eu
or by post by writing to CNPM - MEDIATION - CONSOMMATION - 27 avenue de la libération - 42400 Saint-Chamond »
The Customer is also informed that he can also use the Online Dispute Resolution (ODR) platform:https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes to which the purchase and sale operations concluded pursuant to these GTC and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.
