TERMS AND CONDITIONS OF USE AND SALE
Last updated on May 23, 2020
PREAMBLE:
In order to comply with the administrative requirements linked to the European legislation for online sales sites, here are the general conditions of sale and use.
These general conditions of sale and use constitute a contract whose clauses apply between the parties and define the rights and obligations of the parties in the context of the use of the services and products on the website www.zenchi.fr proposed by the “ZENCHI company” to the CUSTOMER.
The purpose of these clauses is to define the terms and conditions under which the ZENCHI company makes its services and products available to the CUSTOMER.
This contract is concluded electronically between :
The company ZENCHI with a capital of 1 000 €, whose registered office is located at Résidence Clair Soleil Bâtiment 5, rue Georges Méliès, 13500 Martigues represented by El Bachri Zahia as President and between any legal or natural person, individual or professional, of private or public law, of age and capacity, connecting of its own free will to the site www.zenchi.fr . Hereinafter referred to as the “CUSTOMER”.
Article 1: PURPOSE
ZENCHI provides the CUSTOMER with a range of services and products related to personal and spiritual development and well-being.
Article 2: CONDITIONS OF USE AND CONDITIONS OF SALE
Access to and use of the site are subject to acceptance of and compliance with these General Terms and Conditions of Use (GTCU) and General Terms and Conditions of Sale (GTS).
By accepting these Terms and Conditions, you declare that you have reached the age of majority in your country, state or province of residence, and/or that you have given your consent to allow any minor in your charge to use this website.
I reserve the right to deny access to services, products or training to any person at any time, for any reason whatsoever.
The acquisition of a product or service on www.zenchi.fr implies unreserved acceptance by the CUSTOMER of these GTCU and GCS, which the CUSTOMER acknowledges having previously taken cognizance of his order.
Before any transaction, the CUSTOMER declares on the one hand :
As a NON PROFESSIONAL CUSTOMER purchasing a program or service on https://zenchi.fr, agrees to use all the material provided in a strictly personal manner. It has no right to redistribute or broadcast the material provided.
As a PROFESSIONAL CUSTOMER purchasing a program or service from https://zenchi.fr, you agree not to use in a professional capacity and/or resell the materials provided without the prior written consent of ZENCHI. The PROFESSIONAL CUSTOMER may not redistribute, broadcast or use the material provided for professional purposes without written consent.
The CUSTOMER further declares that it has full legal capacity to enter into these GTCU and GCS.
ZENCHI reserves the right to modify these terms and conditions of sale and use at any time in order to comply with any new regulations or to improve the use of its site.
As a result, the applicable conditions will be those in force on the date of the order by the CUSTOMER.
Article 3: USE OF SERVICES, TRAININGS AND PRODUCTS
The services and products offered are those which appear on the www.zenchi.fr website of the company ZENCHI within the limits of available stocks.
The ZENCHI company reserves the right to modify the range of its products and services at any time.
Online training or workshops
The ZENCHI company provides :
Downloadable PDFs, videos and MP3s that can be used by the CUSTOMER only.
Training courses sold on a private site usable by the CUSTOMER only.
The services
Any use of the services on the https://zenchi.fr/ website are usable by and for the CUSTOMER himself.
If the CLIENT wishes to offer one of the services on the site to a relative, it must ensure the consent of the person and that this person responds to and accepts the GTCU and GCS. In addition, the CLIENT must provide me with the direct email address of the person concerned for the delivery of the service.
Training and services can be modified at any time.
The use of https://zenchi.fr/ services does not replace the consultation of a health professional (such as psychologist, doctor, …) or can not replace the treatment provided by health professionals.
Physical or digital products
They are presented on the website in the form of a description of the main technical characteristics. The photographs are as faithful as possible but do not commit the seller. The ZENCHI company does its best to display as clearly as possible the colours and images of the products.
Article 4: PRICES AND CHANGES TO THE SERVICE
Prices are indicated in Euros(€).
There is a transaction fee for any online payment.
The company ZENCHI reserves the right to modify its prices without notice.
However, the price applied to an order will be the one announced at the time of the order, full price or possibly with reduction (introductory price, limited time offer …).
ZENCHI reserves the right to modify or interrupt, at any time, the services and the sale of Products (training, digital products or equipment), as well as part or all of the content of the Service or Product) without notice and at any time.
ZENCHI shall not be liable to you or to any third party for any price changes, suspension or discontinuance of the Service.
Article 5: ORDER AND VALIDATION OF YOUR ORDER
Contractual information is presented in French and will be the subject of a confirmation of your order via the e-mail address you will have provided, within 1 to 2 working days following receipt of your payment.
You can place your orders on the websites: https://zenchi.fr/.
Any order placed on this website implies adherence to these General Terms and Conditions (GTS and GTCU). Therefore, any order confirmation implies your full and complete adherence to these general terms and conditions of sale, without exception or reservation.
All the data provided and the recorded confirmation will serve as proof of the transaction. You declare that you are fully aware of these terms and conditions. The confirmation of order will be worth signature and acceptance of the operations carried out.
Article 6 : PRE-ORDER
For pre-ordered products, i.e. those that you can buy before their official publication, payment is due immediately at the time of ordering.
The provisional dates of publication of the products are not contractual. The ZENCHI company does its best to respect the provisional dates it has indicated.
Article 7: DURATION OF ACCESS TO TRAINING OR ONLINE SUBSCRIPTIONS
Subscription : The present general conditions will take effect from the date on which the CLIENT will have access to his private space. The present general conditions will remain in force throughout the duration of the CLIENT’s subscription (free or payable).
In accordance with the law, the CLIENT benefits from a withdrawal period of 14 days when he first subscribes to a subscription.
The CUSTOMER is free to cancel his subscription by simple action of non-payment, unsubscription, or by simply sending an e-mail. Cancellation will be effective on the day of the request and the CLIENT will not be able to claim reimbursement of sums already paid if the 14-day cancellation period has been exceeded.
The contract may be terminated without notice by ZENCHI in the event that the CUSTOMER does not comply with the present general terms and conditions of sale and use. ZENCHI may first suspend the services without notice and then terminate the subscription and will not be liable for any compensation.
In the event of non-payment, including by cancellation or repudiation of online payment by the CUSTOMER, ZENCHI reserves the right to suspend the service until full payment of the sums due within 30 days, and then at the end of this period, to deactivate access to the CUSTOMER area.
The CUSTOMER is informed that ZENCHI will not proceed with any form of reminder, therefore the CUSTOMER is advised to ensure that the CUSTOMER does not forget to renew the subscribed service by verifying that his means of payment is still valid without any reason being able to prevent the transaction (credit card expiring, PayPal account not verified etc…).
Online training: These general terms and conditions will take effect from the date on which the CLIENT has access to its online training space.
The CLIENT may view as many documents (videos, audios, PDFs, and other documents) as he wishes in his training space for a period of 1 year if the right of access is granted by ZENCHI. Beyond 1 year, the user will no longer have access to the training space.
The CUSTOMER keeps in his possession all the downloadable material for which he undertakes to use it in a strictly personal manner.
The online training courses may be subject to updates, without prior notice, according to the needs and evolution of the subject(s) covered, as well as the laws in force.
Article 8: CONDITIONS OF PAYMENT
Payment is due immediately on the date of the order, including for pre-ordered products.
The accepted means of payment are :
Payment cards (MasterCard, Visa, Aurore, Cofinoga / Privilege, Cofidis 4 stars, American Express (AMX) via a secure payment platform (Paypal or other).
Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). The information transmitted is encrypted and cannot be read during transport on the network. Any guarantee as to the security of this system is entirely the responsibility of the payment system and cannot be imputed to the ZENCHI company.
In the event of payment by installments, the CUSTOMER undertakes to pay a monthly payment amount and duration which it must pay. The CUSTOMER has the possibility of settling his debt in advance.
Payment by French bank cheque. Count a delay of 2 weeks after receipt of your check before the execution of any services, training, or delivery of physical or digital products.
In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay given by credit card is irrevocable. In case of error or impossibility to debit the card, the sale is immediately cancelled by right and the order cancelled.
Your order on this site is processed as soon as we receive your payment. Count 1 to 2 working days to receive information emails and download links.
Article 9: WITHDRAWAL
In accordance with the provisions of Article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from receipt of your products, and after registration for all training courses lasting more than 15 days, to exercise your right of withdrawal without having to justify your reasons or pay a penalty.
Returns must be made in their original condition and complete (packaging, accessories, etc…). Otherwise, your responsibility is engaged. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal.
The return costs are at your expense.
In the event of exercising the right of retraction, ZENCHI will reimburse the sums paid, via the same means of payment as that used when ordering, within a maximum period of 14 days:
following the notification of your request by email or by post in return in the case only of services or online training.
after receipt of the physical product(s).
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to :
in the case of the supply of services or products fully executed before the end of the withdrawal period and whose execution has begun after prior and express agreement of the CLIENT.
We inform CLIENTS that in accordance with Article L. 121-20-2 of the French Consumer Code, the right of withdrawal cannot be exercised for the purchase of videos, MP3s, downloadable documents (PDFs, JPEGs…) or online training courses.
Article 10 : DELIVERY
Non-physical products are delivered digitally to the e-mail address indicated during the ordering process, within the time period indicated on the order validation page.
For video training courses, a code is sent to the email address provided by the customer during the order process. This access code allows him/her to access a private area.
The services are delivered digitally to the email address indicated, on the date of the appointment that you will have chosen beforehand.
The physical products are delivered to the address that you will have indicated during your order (therefore, be particularly attentive to the spelling of the address that you enter and especially to the postal code). Count a delivery time of 15 to 30 days.
Delivery times are only given as an indication; if they exceed thirty days from the date of the order, the sales contract may be terminated and the CLIENT reimbursed.
The CUSTOMER is responsible for the risks associated with transport from the moment the items have left the premises of the company ZENCHI. The CUSTOMER is required to check the condition of the packaging of the goods and its contents on delivery in the presence of the postal employee or delivery person. In the event of damage during transport, any protest must be made to the carrier within three days of delivery.
Count 1 to 2 working days for the reception of the Emails of information on the follow-up of your order. Allow 3 to 4 weeks of additional processing time for payments by cheque.
In case of non-receipt of confirmation or information emails, please check your junk mail (Spams) and contact me if necessary at contact@zenchi.fr.
In accordance with the legal provisions, you have the possibility to cancel the order under the conditions and modalities defined in article L 138-2 of the Consumer Code. If in the meantime you receive the product, we will proceed to reimburse it under the conditions of article L 138-3 of the Consumer Code.
Article 11: RESERVE OF PROPERTY
The ZENCHI company retains full and complete ownership of the products sold until full payment is received.
Concerning the sale of online training, ZENCHI retains ownership of the videos and some audio, which are only made available to the buyer.
Article 12: GUARANTEE CONDITIONS
You benefit from a 14-day Unconditional Satisfaction Guarantee provided by articles 1641 and following of the Civil Code. Therefore, if within this period, you are not 100% satisfied of a product purchased, for whatever reason, you may decide to ask for a refund of what you have paid for.
For more information on the guarantee and refund, please refer to article 8: Retraction.
To do so, send a registered letter with return receipt to the address below (postmark or proof of reading):
ZENCHI
Residence Clair Soleil Building 5
Rue Georges Méliès 13500 Martigues
After the 14 days of this guarantee, no refund will be made.
Article 13: LIABILITY OF ZENCHI
ZENCHI is bound only by an obligation of means and not of results in the execution of its service. You are solely responsible for applying the techniques you have learned, taking action and obtaining results equivalent to your own efforts.
It cannot be held responsible for any damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, interruption of the service, or other involuntary problems.
In addition, ZENCHI shall not be liable for damages resulting from misuse of the products and services purchased.
Article 14. INTELLECTUAL PROPERTY
All the elements of the site https://zenchi.fr/ are and remain the intellectual and exclusive property of the ZENCHI company.
Any reproduction, total or partial, of the content made available to customers without the express permission of the company ZENCHI, as well as these trademarks, photos, logo, visuals, sounds and text, constitutes an infringement punishable by law and may result in prosecution.
No transfer of intellectual property rights is made through the present Terms and Conditions of Use and General Terms and Conditions of Sale. Any simple link or hypertext link is strictly prohibited without the express written consent of ZENCHI.
Article 15: APPLICABLE LAW
These General Terms of Use and the user’s relationship with the https://zenchi.fr website under these General Terms of Use are governed by French law. Both the user and https://zenchi.fr agree to submit to the exclusive jurisdiction of the French courts in the event of any dispute arising from these Terms and Conditions of Use.
Article 16 – PERSONAL DATA
ZENCHI undertakes to maintain the confidentiality of the information provided by the CUSTOMER. It reserves the right to collect nominative information and personal data concerning the CUSTOMER, if and only if it is necessary for the management of the CUSTOMER’s order.
They are not transmitted to any related company. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.
Article 17 – ARCHIVING AND PROOF
The ZENCHI company archives the order forms and payments on a reliable and durable support constituting a faithful copy, in accordance with the provisions of article 1348 of the Civil Code.
These computerized registers will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.
Article 18: RIGHTS OF AMENDMENT
ZENCHI reserves the right to amend these general terms and conditions of sale and use at any time. The latest version published on the site is authoritative.
