General Terms and Conditions of Sale
Preamble and General Definitions
This document is created within the framework of Ruth Manou's activity (sole trader), domiciled at 35 Fairway Drive Cualanor – Dun Laoghaire – Co Dublin – Ireland, registered at the Companies Registration Office, Bloom House, Gloucester Place Lower, Dublin 1.
These general terms and conditions of sale and use are available only in French, for consultation and interpretation. The offers proposed can only be consulted in French by clients and users. In the case of international purchases or sales, thus including a foreign element in the contracting party, the provisions of French law will remain applicable.
This is a translated version of this legal document using artificial intelligence aids in translation. It is brought to the attention of the client there may be a margin of error in the translation when translating legal documents with artificial technologies. It is the client's responsibility to ensure their perfect coherence with the initial contractual intent. The French language is the only language that allows for the accurate analysis, description, and application of all the clauses present in this legal document. In case of a conflict of interpretation between multiple languages, only the French language will be used to convey the intentions of the parties.
The Client may request from the Coach a dated, printed, or digital copy of the general terms and conditions of sale subscribed to at the date of the Order or Reservation.
Here are some definitions of terms used in the context of this activity:
User: any person who uses the website, to browse or navigate on it.
Client / Clientele / Customer: any person who uses the services of the Coach.
Service: coaching services provided by Ruth Manou.
Service Provider: refers to Ruth Manou in her capacity as a professional.
Coaching: individual or group coaching service provided by the Coach.
Coach: the term used for the Coach when conducting a coaching session.
Consumer Client: any individual acting for purposes that do not fall within the scope of their commercial, industrial, craft, liberal, or agricultural activity.
Non-professional Client: any legal person not acting for professional purposes.
Professional Client: any individual or legal entity, public or private, acting for purposes within the scope of their commercial, industrial, craft, liberal, or agricultural activity, including when acting on behalf of another professional.
Good with digital elements: any tangible movable item incorporating digital content or a digital service or interconnected with such content or service, so that the absence of this digital content or service would prevent the good from fulfilling its functions.
Digital Content: data produced and supplied in digital form.
Digital Service: a service allowing the consumer to create, process, store, or access data in digital form, or a service allowing sharing or any other interaction with data in digital form uploaded or created by the consumer or other users of this service.
Durable Medium: any instrument enabling the consumer or professional to store information addressed personally to them, in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.
Functionality: the ability of a good, digital content, or a digital service to fulfill its functions concerning its purpose.
Compatibility: the ability of a good, digital content, or a digital service to operate with hardware or software with which goods, digital content, or digital services of the same type are normally used, without the need to convert said goods, hardware, software, digital content, or digital services.
Durability: the ability of a good to maintain the required functions and performance under normal usage.
Personal Data: personal data as defined in Article 4, point 1, of Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
To access the free and paid services of the Coach, full legal capacity is required: being a natural person or representing a legal entity, of legal age (over 18) at the time of signing the contract, and not subject to total or partial incapacity.
The client hereby certifies having adequate electronic equipment to use the Coach's services, namely: a computer, a mouse, a camera, a microphone, headphones, a high-speed internet connection, a performing internet browser such as Google Chrome and an active bank card.
To modify or update their client area or sensitive data, the Coach may request identity confirmation in the most appropriate form.
If there is a failure to meet the capacity requirements or prerequisites, the client or user will have their access revoked until regularization. Therefore, it is essential that the client or user carefully completes the fields regarding their personal data.
I. Coaching Services
The general terms and conditions of sale described below detail the rights and obligations of Coach Ruth Manou and her Clients.
In case of a coaching contract, specific provisions take precedence over the general terms and conditions of sale.
The Coach provides Life Coaching support, which considers the person in their entirety and can apply to all dimensions and areas of their life (personal, professional, relational, social, etc.). The Coach is a facilitator of change who enables the Client to take the necessary steps for their own transformations. Unlike a consultant, the Coach refrains from offering solutions and supports the Client in developing their own answers and solutions. Coaching is an alliance between the Coach and the Client in a process that encourages the Client's reflection and creativity to maximize their personal and professional potential. This alliance manifests in a co-construction process based on interviews and exercises.
This process is based on a collaborative relationship, guided by objectives defined at the outset by the Client.
Three types of services are offered:
-
Packs of individual coaching sessions (packs of 6, 12, 18 – or 4 in the context of occasional promotional offers).
-
The ELI (Energy Leadership Index) Assessement and the debriefing session that follows (included in the packages or independently of them).
-
Group workshops.
If necessary, the Coach reserves the right to modify the content of the coaching sessions according to the client's needs. The coaching program presentation sheets are provided for information only. Any user of this website or client must regularly consult the general terms and conditions of sale.
The general terms and conditions of sale can also be provided on a durable medium to the client.
This document serves as a contract and binds the Client to the Coach.
II. Nature of Obligations
For the Coach
The Coach is subject to an obligation of means in the performance of her service, in accordance with common contract law. She is not bound to an obligation of results. The Coach commits to deploying all necessary means to meet the Client's needs and expectations.
For the Client
The client agrees to engage thouroughly, providing precise details of their expectations to best guide the Coach in performing her tasks. The client involves themselves in the coaching process and allocates time for coaching sessions and their preparation.
The client commits to paying the amount due for the coaching sessions as specified in Article III.
The client agrees not to share access codes to the Coach's programs and services, under penalty of suspension and revocation of their access rights, and payment of damages.
Any subscription to a professional offer with the Coach entails the conclusion of a personal engagement (intuitu personae). This essential provision stipulates:
-
The Client is prohibited from transferring or assigning their contractual engagement, in any manner, to any person.
-
The Client is prohibited from transferring or assigning this contract through the transfer of business assets, change of control, management lease, or transfer of shares or contribution to a company.
-
The Client is prohibited from transferring or assigning this contract in case of a change of company control, as outlined in Article L233-3 of the Commercial Code.
Any modification related to this clause must be subject to the prior written express agreement of the other contracting party. Any violation of this clause may result in the immediate termination of this contractual engagement, without delay and without prior notice, at the exclusive fault of the party responsible for the breach.
The Client is deemed to be responsible for all subcontractors, employees, agents, and learners who might use or access the Coach's services under this contractual engagement.
III. Applicable Rates
For the remuneration of her missions, the Coach proceeds by creating a quote, which must be returned signed, along with these general terms and conditions of sale, before any collaboration.
The proposed price range is as follows:
-
Pack of 7 sessions (6 coaching sessions + ELI test and debrief) – €750.
-
Pack of 13 sessions (12 coaching sessions + ELI test and debrief) – €1500.
-
Pack of 19 sessions (18 coaching sessions + ELI test and debrief) – €2250.
The payment methods accepted by the Coach are credit cards and bank transfers. No installment payments are allowed unless expressly agreed by the Coach.
The Coach is exempt from VAT under Articles 151 and 293 B of the General Tax Code. The Coach reserves the right to modify her rates at any time. However, she commits to billing the reserved services at the prices indicated at the time of order validation with the Coach. If applicable, the price applicable for a coaching service request will be the price in force in these general terms and conditions of sale.
Any unsigned quote is valid for 30 days from the date of sending.
The rates proposed in the context of reductions and promotions granted are defined or granted by the Coach within a determined period. No discount or advance payment will be granted for early payment.
The amount due for the coaching sessions is payable at the date of request, upon receipt of the invoice.
Unpaid invoices immediately result in the suspension of access to the Coach's services and programs for the client in question. Rejection fees will be fully borne by the client. The connection account (if applicable) may also be suspended or deleted.
Late payment penalties are equal to the legal interest rate in force. Collection compensation is set at €40 excluding tax.
IV. Reservation and Order Modalities
Access to coaching services is achieved through a request from the client, via the following means:
-
Consultation call following:
-
Request via a social network.
-
Request by email.
-
Request by phone.
-
-
Or payment by credit card (promotional packs or group workshops).
The Coach reviews requests and reserves the right to refuse collaboration if the issues encountered are not compatible with her values, ethics, and competences.
Before making a purchase or placing an order, the client must ensure that the product or service subscribed to fully meets their requirements. If any irregularities are found, they must remove, modify, or cancel them before placing the order.
Every order is a firm and final act, constituting a contractual commitment.
When placing an order:
The client must select items in their cart and/or confirm the elements present on the sales page.
They must proceed to validation to reach the payment page, having first consulted and accepted the terms and conditions of sale.
They will complete the payment using a two-factor authentication method or through a third-party payment provider.
After the order is received, the client will receive an automatic email with access links or information related to the shipment of the order. It is essential that the client verifies that the information matches the order placed.
V. Rescheduling and Cancellation of Coaching Sessions
In the Event of a Withdrawal Request
Only for consumer or non-professional clients, based on the preliminary article of the Consumer Code.
If eligible, the client has a 14-day withdrawal period to cancel their order without charge within this period. No payment can be requested during this period, except in the case of an express waiver of this period.
The client’s express waiver of the withdrawal period allows for the order payment to be required before the end of the 14-day legal period, starting from the date of registration. To withdraw, the client can do so by any means, without having to justify themselves.
The express waiver of the right of withdrawal applies for the provision of services before the 14-day period, in accordance with the Consumer Code as follows: "The right of withdrawal cannot be exercised for contracts: 1° For the supply of services fully executed before the end of the withdrawal period and whose execution has begun after the consumer's prior express agreement and express waiver of their right of withdrawal."
The right of withdrawal does not apply to digital products unsealed immediately after delivery, in accordance with the Consumer Code.
In the Event of a Cancellation Request
The client may cancel their participation in a coaching engagement, provided they notify the Coach in writing at least 15 days before the scheduled absence date, to receive a fee-free cancellation and an 80% refund of the paid amounts.
The cancellation must be communicated to the Coach via email at: ruthmanou@gmail.com.
Any request to reschedule participation in a coaching engagement must be addressed in writing to the Coach at least 14 days before the scheduled start date of the coaching session. Beyond this period, no rescheduling request will be accepted.
In the Event of a Rescheduling Request
The Coach may also need to reschedule her coaching sessions. In such cases:
-
She commits to informing the client in writing as soon as possible.
-
Clients who are not available on the new dates will be offered a rescheduled coaching session.
VI. Limitation of Liability
In the event of force majeure or an accidental event, the Coach cannot be held liable to the client. Clients will be informed, by any means, of the consequences of these events. Force majeure, under Article 1218 of the Civil Code, is an external, unforeseeable, and irresistible event.
The Coach's liability cannot be engaged in cases of force majeure or in the event of gross negligence or intentional misconduct by the client in the performance of this service.
The Coach cannot be held liable for any direct, indirect, consequential, or incidental damages resulting from a decision made by the client within the framework of the coaching relationship. The client's sole remedy will be the refund of the prorated amount for unused sessions.
VII. Processing of Personal Data
The Coach commits to processing the client's or User's personal data for professional purposes and for the missions outlined in the contract.
The client or User has the right to access, rectify, port, and delete their data, or to limit its processing, in accordance with the "Informatique et Libertés" law of January 6, 1978, as amended, and the European Regulation No. 2016/679/EU of April 27, 2016 (applicable from May 25, 2018). Any complaints in this regard should preferably be directed to the Coach to find an appropriate solution.
In the event of a dispute, the client or user can freely report it to the CNIL, with the legal information in their possession on the Coach's identity, as stated in the Preamble of these general terms and conditions of sale.
The duration of retention and use of personal data shall not exceed 3 years from the end of the contractual mission.
Data is processed within the European Union using the following tools: Microsoft Word, Excel, OneNote.
The data processed for the mission includes:
-
Name
-
First name
-
Email address
-
Phone number
VIII. Intellectual Property
The materials provided by the Coach in the course of her missions remain her intellectual property. All rights of reproduction, modification, and distribution are reserved.
Reproduction, whether partial or total, of the coaching materials or those made available to clients, cannot be carried out without the express consent of the Coach.
Each coaching support (paper, digital, electronic, oral) remains under the intellectual property and copyright of the Coach. This also includes summary and work sheets provided to the client by the Coach.
The client commits not to use, transmit, or reproduce any part of these documents for the purpose of organizing or leading coaching sessions.
The client is strictly prohibited from donating or reselling the written, oral, or video materials provided by the Coach, under penalty of legal action.
IX. Professional Discretion
The Coach commits to a strict confidentiality policy and will not disclose any information given during the performance of her duties, both during and after the termination of this contract.
The client also commits to respecting a strict confidentiality policy under this contract and will not disclose any private information concerning the Coach.
In the event of a dispute, both parties remain bound by this obligation of confidentiality and discretion and violate this contract if they make public statements that could harm the other party involved.
X. Customer Satisfaction
To improve the services offered, the Coach reserves the right to use statistical feedback from her services for professional purposes (on her communication materials, to provide a commercial analysis report of her practices, etc.).
The Coach may contact the client after a service to invite them to complete a customer satisfaction survey, which will be used solely for professional purposes and in compliance with the personal data protection policy outlined in this document.
XI. Jurisdiction and Dispute Resolution
The applicable law within the framework of this service contract is French law. The parties acknowledge that the clauses of these general terms and conditions of sale are independent of each other.
Any claim by the client must be addressed to the Coach in writing. The Coach has two weeks to respond in writing.
The unilateral termination of the contract must be done by registered letter with acknowledgment of receipt, with a one-month notice period. The amounts corresponding to the sessions already conducted will not be refunded to the client, and a penalty of 10% is added to the total amount of the service.
The consumer client can freely contact the competent mediation center of their choice to handle disputes falling under the mediator's responsibility.
If no proposed solution satisfies both the professional client and the Coach, they must seek an amicable resolution before any judicial procedure.
In case of a dispute and in the absence of an amicable solution, the competent court is the one of the Coach's location (Dublin Circuit Civil Court Office).
XII. Maintenance and Hyperlinks
The hyperlinks present on the website may redirect to third-party sites, content, or documents. Under no circumstances can the hyperlinks (by their content or their creator) engage the responsibility of the Coach.
The website is available without limitation, 24 hours a day. Due to computer updates or internal issues, it may be unavailable for a given period. In this case, the Coach commits to implementing actions to restore its proper functioning. However, she is not held responsible if the links, access, and spaces remain inaccessible. As such, no indemnity or financial compensation will be granted by the Coach or her subcontractors.
Date of last update: 10/06/2024