Clause No. 1: Purpose
The general conditions of sale described below detail the rights and obligations of the company FLY YOGA SARL and of its client in the context of the sale of goods as well as the following services:
- FLY YOGA© material
- Group and individual lessons
- Training of teachers in the FLY YOGA© technique
- Events around the FLY YOGA© concept
- FLY YOGA© classes
- FLY YOGA© trademark license
Any service provided by FLY YOGA SARL therefore implies the buyer’s unreserved acceptance of these general conditions of sale.
Clause No. 2: Price
The prices of goods, merchandise and services sold are those in force on the day the order is taken. They are denominated in euros and calculated excluding tax. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order.
FLY YOGA SARL grants itself the right to modify its prices at any time. However, it undertakes to invoice the goods and services ordered at the prices indicated when the order is recorded.
Clause No. 3: Discounts and rebates
The proposed prices include the discounts and rebates that the company FLY YOGA SARL would be required to grant in view of its results or the assumption by the buyer of certain services.
Clause No. 4: Discount
No discount will be granted in the event of early payment.
Clause No. 5: Terms of payment
Payment for orders is made:
- either by online payment, or
- by bank transfer.
Clause No. 6: Late payment
In the event of total or partial non-payment of goods or services delivered on the day of receipt, the buyer must pay FLY YOGA SARL a late payment penalty equal to three times the legal interest rate.
The legal interest rate used is that in force on the day of delivery of the goods.
This penalty is calculated on the amount excluding tax of the amount remaining due, and runs from the due date of the price without any prior notice being necessary.
Clause No. 7: Termination clause
If within the fifteen days following the implementation of the “Late payment” clause, the buyer has not paid the sums remaining due, the sale will be automatically terminated and may give rise to the right to the allocation of damages for the benefit of FLY YOGA SARL.
Clause No. 8: Retention of title clause
FLY YOGA SARL retains ownership of the goods sold until full payment of the price, in principal and in accessories. As such, if the buyer is subject to reorganization or compulsory liquidation, the company FLY YOGA SARL reserves the right to claim, within the framework of the collective proceedings, the goods sold and remained unpaid.
Clause No. 9: Delivery
Delivery is made:
- by direct delivery of the goods to the buyer;
- or by sending a notice of availability in-store to the attention of the buyer;
- or at the place indicated by the buyer on the order form. The delivery time indicated when registering the order is given only as an indication and is not guaranteed.
Consequently, any reasonable delay in the delivery of the products cannot give rise to the buyer’s benefit to:
- be awarded damages;
- cancel the order. The risk of transport is borne in full by the buyer.
In the event of missing or damaged goods during transport, the buyer must make all the necessary reservations on the order form upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by certified mail.
Clause No. 10: Force majeure
The responsibility of the company FLY YOGA SARL cannot be implemented if the non-performance or the delay in the performance of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.
Clause No. 11: Competent court
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
In the absence of an amicable resolution, the dispute will be brought before the Paris Commercial Court. Made in Paris, on 08/31/2011