General terms and conditions (Conditions Générales de vente)
HAPPY PLACE PARIS provides coaching services and service missions. The present terms and conditions are agreed between HAPPY PLACE PARIS (service provider) on one part, and any private individual (the CLIENT) on another part, using or proceeding to a purchase on https://www.happyplaceparis.com (the website) or to an order to HAPPY PLACE PARIS. The CLIENT is a private individual who acts to ends that are not included in the CLIENT’s commercial, industrial, artistic or freelance activities.
ARTICLE 1 – APPLICATION
- Application and modification of Terms and Conditions
The present Terms and Conditions apply to any use of HAPPY PLACE PARIS website, to any service ordered on https://www.happyplaceparis.com or ordered to HAPPY PLACE PARIS by the CLIENT, HOGUET law mandates excluded.
These present Terms and Conditions are accessible at any time on the home page of https://www.happyplaceparis.com so that by using or placing an order on https://www.happyplaceparis.com, the CLIENT acknowledges to have taken note of the present Terms and Conditions and confirms the acceptance of these Term and Conditions. The CLIENT certifies to be over 18 years old at the date of the order.
HAPPY PLACE PARIS reserves its right to adapt or amend at any time the present Terms and Conditions without notification to the CLIENT. The Terms and Conditions on this page reflects the latest terms and conditions. In case of modification, the Terms and Conditions applied for each order are the Terms and Conditions in effect on the day of the use or order.
No particular circumstance, without the formal written acceptance on the part of HAPPY PLACE PARIS, will be accepted that contravene these Terms and Conditions. All stipulations of sale engendered by the CLIENT without written acceptance will be opposed by HAPPY PLACE PARIS. In the case of force majeure, HAPPY PLACE PARIS is free of any obligations to provide benefits requested by the client.
ARTICLE 2 – SERVICES
2.1 Services offered
Details on services available online are found on the website https://www.happyplaceparis.com. Details on service missions are available on customized quotes communicated to the CLIENT according to the CLIENT’s specific needs. The CLIENT agrees to have received the necessary information to make sure that the service offer fits the CLIENT’s needs. Digital products for sale by HAPPY PLACE PARIS are only accessible online, on the availability period indicated.
For services offered online, the CLIENT can place an order through https://www.happyplaceparis.com. The CLIENT follows several steps : reads the information available on the service, chooses the service to order, fills out the required fields in the order form, accepts the Terms and Conditions, checks and corrects entered data if necessary, clicks on the “Pay to order” button, follows payment instructions and confirms the order by proceeding to payment. The CLIENT is entirely responsible for the information entered and completed. The CLIENT receives the order confirmation, provided the email address indicated in the order form contains no errors and that the CLIENT’s messaging service accepts messages sent from HAPPY PLACE PARIS email addresses. If a problem occurs, please contact the support at : [email protected]. The order is effective as from the reception of payment and HAPPY PLACE PARIS commits to handling the order only as from that date. For coaching sessions, HAPPY PLACE PARIS sets with the CLIENT a convenient date by email. The Client guarantees that the information communicated are correct and up to date.
For service missions, the CLIENT receives a detailed quote according to the CLIENT’s needs. The object of service missions ordered to HAPPY PLACE PARIS is defined in Special Sales Conditions (Conditions Particulières de Vente), which once initialed and signed, form with the present conditions the contract between the HAPPY PLACE PARIS and the CLIENT. The CLIENT commits to giving HAPPY PLACE PARIS all the elements and documents necessary to carry out its services. If the CLIENT does not respect the obligation to inform the Service Provider, the latter will not be responsible for possible non-compliances or delays. Service orders placed after the signature of the Special Sales Conditions will be dealt within a separate quote for approval.
ARTICLE 3 – SERVICE FEES AND PAYMENT
3.1 Service fees and Payment
Services sold by HAPPY PLACE PARIS are indicated in euros HT (without tax) and also TTC (all tax included) on the order form without shipping fees. HAPPY PLACE PARIS reserves its right to modify its prices at any time without notice; its services are however invoiced on the basis of prices in effect at the time of the order.
Online services are paid upon order by debit card. The payment is secured by Stripe, one of the leading platforms in online payment. The website https://www.happyplaceparis.com has no access to means of payment of the user. Payment is made directly with the bank or payment provider receiving the CLIENT’s payment. The choice of payment installments is a choice HAPPY PLACE PARIS gives to the CLIENT as a favor. Coaching sessions of 1 hour are paid in a single payment only. Service missions ordered are paid by bank transfer. Payment is made directly with the bank on the precise due price in Euros (no conversion rate applicable). Bank transfers fees from foreign sources paid by the CLIENT cannot be charged to HAPPY PLACE PARIS. An advance payment of 50% is requested upon order and the balance at the end of the mission. The advance payment marks the start of the mission.
3.2 Payment deadlines and late or default of payment charges
The balance payment for service missions are payable at the end of the mission, within a period of 30 days net from the date of invoice. In the case of late payment of the amount due by the CLIENT, beyond the period mentioned above, and after the date of payment indicated on the invoice, late payment penalties calculated on the bi-annual legal interest rate (taux d’intérêt legal) + 10 points on the due amounts with tax (montant TTC) of the services detailed on the invoice, will automatically and legally benefit HAPPY PLACE PARIS, without any formalities or preceding formal notice, without prejudice or possible recourse. In case of unrespect of payment conditions above mentioned, HAPPY PLACE PARIS reserves the right to suspend or terminate ongoing services or all future services contracted for, by written notification and according to regulations.
ARTICLE 4 – DELIVERY OF SERVICES AND OUTSOURCING
The delivery period of the ordered services is given for information purposes only, provided payment terms specified the Conditions Particulières de Vente have been respected. In case of payment by bank transfer, the CLIENT can prove the payment by any means. HAPPY PLACE PARIS’s responsibility cannot be engaged with regards to the CLIENT in case of late delivery not exceeding 30 days. However, the CLIENT’s responsibility is engaged when the necessary information requested by HAPPY PLACE PARIS have not been communicated, are incorrect or incomplete and do not enable HAPPY PLACE PARIS to deliver the services ordered. The CLIENT cannot, in case of delay, cancel the sale, oppose himself to the fulfillment of the services or claim any damages. HAPPY PLACE PARIS is authorized to outsource part of the services ordered, after having informed the client.
ARTICLE 5 –KNOW-HOW–BRAND AND INTELLECTUAL PROPERTY RIGHTS
HAPPY PLACE PARIS provides its know-how to its clients service requests; the brand name « HAPPY PLACE PARIS» has been filed at the INPI and is protected by the measures of the Code of Intellectual Property; the company name is also protected by the registration to the RCS de Nanterre; the domain name « happyplaceparis.com » is a protected name according to the current regulation.
The CLIENT agrees NOT to modify, adapt, reproduce, copy, translate, republish, download, put online, share, sell or distribute in any way the content of HAPPY PLACE PARIS’s services, programs or documentation or create similar services without specific consent of HAPPY PLACE PARIS. Any unauthorized use of content constitutes an offence of counterfeit leading to possible judicial proceedings and to the payment of damages.
ARTICLE 6 – WARRANTY DISCLAIMER AND EXCLUSIONS / LIMITATIONS OF LIABILITY
HAPPY PLACE PARIS puts into service all the reasonable means to provide its CLIENT with the counseling most adapted to its requests and expressed constraints, within a defined budget with the CLIENT. HAPPY PLACE PARIS makes no express or implied warranties with respect to coaching services or service missions.
HAPPY PLACE PARIS shall in no case be held responsible for the CLIENT’s decisions and the contractual relation that the CLIENT should decide to have with one or several persons or service companies independent from HAPPY PLACE PARIS. This exemption includes in particular : (a) the conclusion, execution and breach of contracts of home rentals signed by the CLIENT, (b) the conclusion and execution of a real estate sale contract, except the application of the HOGUET law in reference to a formal mandate concluded outside these conditions with the real estate agency HAPPY PLACE PARIS or any real estate agency partner of HAPPY PLACE PARIS, (c) the conclusion, execution and breach of contracts of other service providers by the CLIENT. HAPPY PLACE PARIS shall in no case be held responsible for services provided by a third party to the CLIENT. In any case, the responsibility of the HAPPY PLACE PARIS is limited to the amount of the total charges invoiced to the CLIENT for the concerned services. The CLIENT is responsible for the subscription to an insurance adapted and in effect on the day of the fulfillment of services. The services provided by HAPPY PLACE PARIS exclude all legal or tax related services; it is up to the CLIENT to contact professionals in these fields of expertise.
The use of the website www.happyplaceparis.com requires that the CLIENT has the competence, the equipment and the software necessary. The CLIENT acknowledges that the features and constraints of Internet do not enable to guarantee the security, the availability and the integrity of data transmitted on Internet. HAPPY PLACE PARIS incurs no responsibility in damages caused by an interruption, a defect, an information error, a delay in operations or transmissions, a computer virus, or any other technical problem while using www.happyplaceparis.com. HAPPY PLACE PARIS is not responsible for information errors due to incorrect order entry or non-updated data communicated by the CLIENT.
ARTICLE 7 – ONLINE SALES -WITHDRAWAL
In accordance with the law (article L221-18 of the Code de la Consommation), the CLIENT has, in case of distant selling, a period of withdrawal of 14 days starting from the date of service order to cancel it. In this case, the payment made by the CLIENT for the service order will be completely refunded, in a maximum delay of 14 days as from the day of withdrawal notification from the CLIENT. For any refund due to withdrawal, please send an email to [email protected] and to cancel the set appointment if any.
However, in accordance with the article L221-28 of the Code de la Consommation, the right of withdrawal is not applicable to the supply of digital content not provided in a material format whose fulfillment started with the agreement of the consumer and acceptance to renounce to the right of withdrawal. Thus the CLIENT who orders digital content (audio or video) accepts to renounce to the right of withdrawal by confirming his/her order and by getting immediate access to the digital content (audio or video). Also in accordance with the article L221-28 of the Code de la Consommation, the right of withdrawal is not applicable for the supply of services fully delivered before the withdrawal period and whose fulfillment started with the CLIENT’s agreement and acceptance to renounce to the withdrawal right. Thus, the CLIENT who orders coaching sessions or services fully fulfilled within the 14 day period, acknowledges to have been informed of the absence of withdrawal right and accepts it.
ARTICLE 8 – DATA PROTECTION
ARTICLE 9 – RESERVATION RIGHTS
HAPPY PLACE PARIS reserves the right to cancel a coaching session without prior notice and without it giving the CLIENT the right to claim any compensation nor have any damages acknowledged. However, if the cancelled coaching session has already been paid, the CLIENT is informed as early as possible by email or telephone, in order to set a new appointment.
HAPPY PLACE PARIS reserves the right to refuse to give a coaching session if the requested counseling is not in HAPPY PLACE PARIS’s field of expertise. In this case, charges already paid are completely refunded.
ARTICLE 10 – RECOURSE
In the case of a clause or part of a clause within the General Terms and Conditions being declared invalid or non-applicable by a relevant courthouse, the other clauses or sections of clauses shall remain valid and applicable.
In all cases of litigation of any nature or contestations relative to services provided by HAPPY PLACE PARIS to its clients, the applicable law is the law of France.
ARTICLE 11 – CLIENT APPROVAL
The present General Sales Conditions are formally agreed to and accepted by the CLIENT, who declares being fully aware of them.