GENERAL CONDITIONS OF USE AND SALE (GCUS)
Date of on-line publication : 15/03/2021
Date of last update : 15/03/2021
The website www.thepolelabonline.com is edited by SAS THE POLE LAB. The present General Conditions of Use and Sale, as well as the Legal Notice are permanently accessible from the Site at the address https://thepolelabonline.com/compte-dadherent/
The Pole Lab, a company incorporated under the laws of France, having its registered office at 1 rue des Isnards, 13770 VENELLES, France, registered with the Chamber of Commerce under number: RCS 894896588 , VAT FR18894896588 (hereinafter “The Pole Lab”, “we”, “us”, “our”), welcomes you to The Pole Lab service platform. The Pole Lab service” is a personalized subscription service, which includes The Pole Lab website and its associated services and content.
Details of the website’s hosting company: OVH
THE POLE LAB is a brand registered at the INPI of which the company THE POLE LAB represented by Marie MARCEROU and Lucie BERET-BRUN, is owner.
PLEASE READ THESE TERMS AND CONDITIONS OF USE AND SALE (“TERMS AND CONDITIONS OF USE AND SALE OF THE POLE LAB SERVICE” OR “TERMS AND CONDITIONS”) CAREFULLY BEFORE USING THE POLE LAB SERVICE.
THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE POLE LAB SERVICE.
- “Subscriber”: means the person who has a paying account on our Platform to access the paying services of the Platform or More.
- “Platform”: means a digital platform such as a website and/or mobile application allowing access to and use of the Service;
- “User” means any person who uses the Platform, whether a Visitor or a Subscriber;
- “Visitor”: means any person, Internet user, browsing the Platform without creating an associated account.
- “Subscription”: monthly offer (1 month) tacitly renewable, or half-yearly pack (6 months), including full access to the Platform content. Subscription requires the User to create a Subscriber Account.
These General Conditions of Use and Sales (hereinafter the “GCUS”) govern our relationship with you, the person accessing the Platform, applicable during your use of the Platform and, if you are a Subscriber, until you deactivate your account. If you do not agree with the terms of the GCUS, you are strongly advised not to use our Platform and our services.
By browsing the Platform, if you are a Visitor, you acknowledge that you have read and accepted all of these GCUS and our Personal Data Protection Policy.
List of articles
2- PURPOSE AND CONDITIONS OF USE
4- TERMS OF REGISTRATION, SUBSCRIPTION AND RENEWAL
5- PRICE AND PAYMENT TERMS
6- RIGHT OF WITHDRAWAL
7- CONDITIONS OF CANCELLATION OF A SUBSCRIPTION
8- USER’S COMMITMENTS
10- INTELLECTUAL PROPERTY
11- PERSONAL DATA
12- AGREEMENT OF PROOF
13- APPLICABLE LAW AND JURISDICTION
1.1. The Company THE POLE LAB (hereinafter referred to as “the Company”) is active on the Internet and on social networks (in particular Facebook, Instagram, Twitter, Tik-Tok, YouTube) as an influencer in the fields of pole dancing and more broadly of sports (bodybuilding, fitness, yoga, mobility), personal coaching.
1.2 In this context, the Company offers through the Platform (hereinafter, “the Platform”) the sale of online sports content subscriptions, including programs for learning pole dancing, weight training, flexibility and mobility
1.3. The present General Terms and Conditions of Use and Sale (hereinafter “GTCS”) are intended to exclusively govern all commercial relations arising from the use of the Platform’s Services by Users who are Consumers (hereinafter, “the User”).
1.4. The Use of the Platform, the Subscriber Account, and the Subscriptions subscribed to is strictly reserved for private and personal use.
1.5. The Platform, the products and services that it proposes are opened to all the countries of the world which do not prohibit, nor regulate, in a general way, the activity of supply of sporting contents and the activity of pole dance on line. In the event that the Platform or its services are in whole or in part prohibited or in violation of the User’s national law, it is the User’s responsibility to refrain from accessing it from that territory or from any other territory where it is also prohibited or deemed illegal.
1.6. The present CGUV are governed by the provisions of the French Civil Code and Consumer Code.
1.7. The CGUV constitute with the online order the contractual documents opposable to the parties, to the exclusion of all other documents, leaflets, catalogs and photographs of the Services which have only an indicative and non-contractual value.
1.8. The Company reserves the right to modify as much as necessary the present CGUV as well as the editorial content and the tariffs, at any time and without notice, according to the evolution of the Platform and its products and services, as well as the evolution of the legislation in force. The use of the Platform and the Application, the systems and any other functionality offered by the Company is always subject to the most recent version of the CGUV available.
1.9. The equipment allowing access to the Platform is at the exclusive charge of the User, as well as the connection costs incurred by the use.
1.10. The Platform warns the User of the need to have a secure internet connection, allowing access to the contents from the medium of his choice (computer, tablet, cell phone).
PURPOSE AND CONDITIONS OF USE
2.1. The present CGUS govern all the commercial relations resulting from the Use of the products and services of THE POLE LAB platform by the Users.
2.2. By using the platform, and in particular by subscribing to a Subscription, the User acknowledges being of sound mind, of legal age or over 16 years old and having obtained the agreement of his legal guardians. The User thus acknowledges having the capacity to contract and not being subject to any legal protection measure for adults as defined in articles 425 and following of the Civil Code.
2.3. The Subscription offered by the Platform is exclusively reserved for natural persons who can prove that their health does not present any contraindication to the practice of sports, and in particular to the training and exercises offered as part of the said training programs.
2.4. In this context, the User declares that, prior to creating a Subscriber Account and subscribing to the Subscription, he/she has checked with a sports doctor or physiotherapist that he/she is physically fit to follow the training programs offered by the platform.
2.5. The latter undertakes to have previously carried out a medical examination with the aim of issuing a medical certificate stating no contraindication as to the practice of pole dancing, bodybuilding exercises, cardio and flexibility, see contortion, proposed by the Platform, and this in particular taking into account its state of pregnancy, if necessary.
2.6. If the User does not fully agree with the CGUS, the User is not authorized to use the Platform.
2.7. THE USER DECLARES THAT HE/SHE HAS READ THESE CGUV IN THEIR ENTIRETY AND FULLY ACCEPTS THE OBLIGATIONS INCUMBENT UPON HIM/HER WITHOUT RESERVATION. THE USE OF THE PLATFORM AND THE SUBSCRIPTION IMPLIES THE ACCEPTANCE WITHOUT RESTRICTION OR RESERVE OF THE CGUV.
2.8. Any creation of a Subscriber Account or validation of a subscription to a Subscription implies adherence and acceptance without reservation by the User of the CGUV in force on the day of the order, the conservation and reproduction of which are ensured by the Company THE POLE LAB in accordance with the provisions of Article 1127-2 of the Civil Code.
2.9. Within the framework of the use of the platform and their products and services, it is strictly forbidden to :
- Copy, modify or alter all or part of the Platform;
- Use services in a manner that is not fair and truthful;
- Use all or part of the Platform’s features in a way and/or for a purpose that is contrary to the laws and regulations in force;
- Collect or gather in any form and for any purpose whatsoever data, personal or otherwise;
- Infringe in any way whatsoever the rights of Users or third parties;
- Hold or to utter remarks or to diffuse in any form whatsoever contents infringing in any way whatsoever on the rights of others and in a general way any content contrary to the laws in force in France;
- Violate any legal or regulatory provision in force. The Platform reserves the right to control at any time the respect of the CGUS by the Users. Non-compliance with any of the stipulations of these CGUS automatically terminates the authorization to use the Services offered herein and may result in the deletion of the Subscriber Account.
3.1. The company offers on its Platform various Subscriptions (of varying duration) which always include unlimited access to the video and written content of the Platform. The User declares that he/she has read the details of the content provided by the Platform, available on the Platform’s website.
The Subscription is at the User’s choice :
– Monthly (1 month) per month renewable by tacit agreement.
– Half-yearly (6 months) for six months, payable in one go and not tacitly renewed.
3.2. The Company reserves the right to delete, modify or replace one or more of the videos and/or the Subscriptions offered on the Platform, at any time, it being understood that these modifications will not be opposable to the Subscriptions in progress (except as regards the content of the programs – for example, addition or deletion of videos).
3.3. The Subscription subscribed to is reserved for strictly private, personal and non-commercial use by the User. Under no circumstances may it be shared with third parties.
3.4. Protection and verification measures have been put in place by the Platform. In the event of unauthorized sharing or access to the Subscription by the User for the benefit of third parties, the Platform reserves the right to immediately terminate the Subscription and delete the User’s Subscriber Account – with no possibility of reimbursement of the remaining Subscription for the User.
REGISTRATION, SUBSCRIPTION AND RENEWAL PROCEDURES
4.1. Creation of a Subscriber Account
4.1.1. Access to and use of Subscriptions requires (1) full and express acceptance of the General Terms and Conditions of Use and Sale (2) creation of a Subscriber Account, and (3) payment of the amounts due for the Subscription chosen by the User.
4.1.4. The creation of a Subscriber’s Account requires the User to register beforehand by providing certain mandatory information, namely: last name, first name, e-mail address and password. The User receives an email confirming the creation of his Account.
4.1.3. Registration requires the User’s knowledge and acceptance of the General Terms and Conditions of Use and Sale, which is reflected in a checkbox when the User confirms the creation of the Subscriber Account.
4.1.4. The User agrees to provide only accurate, current and complete information, the accuracy, sincerity and reliability of which he/she guarantees at all times, when creating a Subscriber Account. The User undertakes to proceed without delay to any change in the information concerning him/her.
4.1.5. The User is solely responsible for the management and confidentiality of his means of authentication (e-mail and password), which are personal and confidential. The User alone shall bear the consequences that may result from the loss, disclosure or fraudulent or illicit use of the means of authentication, and the Company shall in no case be held liable. The User undertakes to inform the Company without delay of any loss or disclosure of his means of authentication, and to proceed to the modification by renewal of the said means of authentication.
4.1.6. The creation of a Subscriber’s Account implies, after the steps of registration and acceptance of the GCUS.
4.2 Choice of Monthly Subscription or Half-yearly Pack.
4.2.1. The User may choose either a monthly Subscription payable every month, and then tacitly renewed, or a half-yearly Subscription, or a pack including 6 months of access to the Platform Services payable, in one go, when subscribing. Thus, the Subscription contract comes into force on the date of subscription to the Subscription, i.e. as soon as the User accepts the offer.
4.2.5. The User expressly acknowledges that by subscribing to a Subscription – he/she is obliged to pay for it in full and for the chosen duration, and acknowledges that if he/she is not of legal age (18 years old or over), he/she has obtained the authorization of his/her legal representatives to subscribe to a Subscription and to be obliged to pay its price.
4.3. Tacit renewal of the Subscription
4.3.1. Monthly Subscription
Unless the User cancels before the end of the current subscription period in accordance with the terms and conditions set out in article 8 “Conditions for cancelling a subscription”, any monthly Subscription will be tacitly renewed for a new period identical to the one initially subscribed to, i.e. a one-month period.
4.3.2. Half-yearly Subscription
For the half-yearly Subscription, the User will receive an email indicating the end of the Subscription. This subscription is not automatically renewed. If the User wishes to extend the use of the Services of THE POLE LAB, he will have to subscribe a new offer.
4.4 Incident of payment
4.4.1. In case of total or partial non-payment of a single due date, the access to the programs and all the contents is suspended until the situation is regularized. The Platform shall immediately inform the User of the suspension of access to the programs and content, indicating that the User has a period of one (1) month to rectify the situation. If the situation is not remedied within the period specified, the Subscription will be terminated by the Company, notwithstanding the Company’s right to claim damages for non-payment of the price.
4.4.2. The User will no longer be able to access his Subscriber’s Account in the event of an unresolved payment incident.
4.5. Promotional offers – subscriptions to several Subscriptions
4.5.1. In the context of specific Promotional Offers proposed by the Platform, the User may wish to benefit immediately from the said Offer when he already has a Subscription in progress. In this case, the new Subscription taken out at the time of payment of the Offer will only start to run in terms of taking effect from the end of the first Subscription (which has expired). No set-off or novation of contract shall take place.
4.5.2 In any event, if the User wishes to take out a new Subscription while benefiting from a current Subscription, the User is informed that the start date of the new Subscription is set at the end of the initial Subscription. Under no circumstances will the new Subscription replace the initial Subscription.
PRICES AND PAYMENT TERMS
5.1. The price of the Subscription is indicated in Euros, all taxes included.
5.2. The Company reserves the right to modify the price of the Subscription, and in this case undertakes to inform the User of any price change in advance, as well as, if applicable, the terms and conditions for accepting these changes. The price changes will take effect as of the new subscription period following the date of the price change.
5.3. If the User does not accept the new rates, he/she reserves the right to refuse the change by terminating his/her Subscription before the rate change takes effect, under the conditions set forth in Article 7.1.
5.4. Concerning the monthly Subscription
Payment is made at the time of subscription, by credit card (CB, Visa, MasterCard, American Express) via the secure Stripe payment platform, on which the User directly enters his bank details. In any case, the Platform and/or THE POLE LAB have and will have access to the User’s bank details.
Unless the User cancels within the deadline of non-renewal indicated in the confirmation email, the payment of the following monthly instalments will be automatically made by direct debit on the same method of payment, i.e. on the bank card whose details the User will have previously filled in.
5.5. Concerning the Half-yearly Subscription (6 months pack)
Payment is made in full at the time of subscription, by credit card (CB, Visa, MasterCard, American Express) via the secure Stripe payment platform on which the User directly enters his bank details. Under no circumstances does the Company have or will have access to the User’s bank details. The half-yearly formula is not subject to tacit renewal.
5.6 It is the User’s responsibility to update his or her bank account information in a timely manner and to inform the Company of such information, as well as any payment incident. If the User fails to update his/her bank details (in particular in the event of a change of bank card), his/her account may be suspended until valid details are updated.
5.7. THE USER GUARANTEES THAT HE HAS ALL THE NECESSARY AUTHORIZATIONS FOR A PERSONAL USE OF THE SELECTED MEANS OF PAYMENT.
RIGHT OF WITHDRAWAL
6.1. As a matter of principle, in the event of a remote subscription to a Subscription, the User has a right of withdrawal pursuant to Articles L. 221-1 et seq. of the French Consumer Code, which may be exercised within fourteen (14) days from the date of subscription to the offer or formula, unless the User has triggered the immediate provision of the service. The date of acceptance of the offer corresponds to the date of subscription of the Subscription at the time of its payment. This is the case if several subscriptions are taken out. As from the subscription of the offer or the formula, the User will have a period of fourteen (14) days to exercise his right of withdrawal on the Subscription subscribed and not triggered either by writing to the address 1 rue des Isnards 13770 VENELLES, or by going directly to the right of withdrawal tab located at the address: https://thepolelabonline.com/compte-dadherent/ and by filling in the said form Subject to compliance with the conditions stipulated above for the exercise of the right of withdrawal, the user will be fully refunded the sums paid by him within 14 days from receipt by the Site of the request.
6.2. By paying the price of the Subscription subscribed, the User agrees to trigger the immediate supply of the digital content of the Platform by ticking the box dedicated to this purpose informing him/her of the waiver of his/her right of withdrawal on the Subscription subscribed and allowing to collect his/her express consent.
CONDITIONS FOR CANCELLATION OF A SUBSCRIPTION
Subscriptions will remain in force and will be tacitly renewed on their anniversary date (with the exception of the half-yearly Subscription or 6-month pack), until terminated by the User or by the Platform.
7.1. Termination by the Customer
When the User has subscribed to a Subscription and paid by credit card via Stripe, the User has the option of notifying his intention to terminate his Subscription from his Subscriber Account, without reason or cost, by clicking on the heading “My Account” and then “Terminate Membership” or “ Cancel” at least seventy-two (72) hours before the end of the monthly Subscription.
Termination is simple and is done with one click. The termination is effective immediately, it cancels the subscription as well as the contract, implying an immediate deletion of paid access to the platform.
In any event, the request for termination does not in any way result in the reimbursement to the User of the period remaining until the end of the subscription period.
7.2. Termination by the Platform
The Platform reserves the right to terminate a Subscription and/or close a Subscriber’s Account at any time in the event of fraudulent or illicit use of a User’s means of authentication (user and/or password), in the event of a breach of these GCUV, as well as in the event of non-payment of one of the monthly instalments, in the hypothesis set out in article 7.3.3.
In this case, the User acknowledges having been informed that the Subscription will be terminated by the Company, without the possibility for the User to claim any compensation or reimbursement of the subscription period remaining on the day of the termination.
COMMITMENTS OF THE USER
8.1. WARNING: Given the sporting and acrobatic nature of the programs put online by the Platform, the User undertakes to adopt reasonable, appropriate and thoughtful behavior when viewing and reproducing the figures, sequences and exercises.
8.2. The User recognizes to be informed of the inherent risks to the practice of the pole dance. The activities related to the pole dance are acrobatic disciplines at risk which can go until the paralysis, the coma or the death. By subscribing to the services of THE POLE LAB, the user and / or subscriber declares to have full knowledge of these risks and accept them. The user and/or subscriber declares to be responsible for all consequences that could be linked to the practice of the physical activities provided by the Platform and to release THE POLE LAB, the members of its team from any responsibility, by renouncing any complaint or lawsuit against THE POLE LAB, the members of its team or legal representatives in case of accident, injury, damage or pain caused by the use of the Platform Services.
8.3. The User acknowledges that he/she is informed that the videos and exercises put online cannot be analyzed as a sports coaching service but constitute a service of putting online standard daily sports programs and workouts and in no way personalized to the person who uses it.
8.4. Consequently, the User undertakes to follow the recommendations set out by the Platform and to respect all the rules of safety, hygiene and behaviour reasonably expected of a User in the context of a sporting or acrobatic activity, in particular undertakes never to practice the pole dance exercises provided by the Platform alone. That is to say that the User commits himself to always have a partner practising or failing that a third person physically present where he trains.
8.5. The User acknowledges that the videos and exercises put online as part of the Services of The Pole Lab are proposed in a perspective of sports entertainment.
8.6 It is up to the User to adapt the exercises according to his level, the frequency of the exercises and the rest time between each session, according to his physical and respiratory capacities, according to his rhythm, his strength and his morphology, his state of health. In case of doubt, it is up to him to ask his doctor for advice to ensure the compatibility of the proposed services with his state of health.
8.7. It is expressly specified that the exercises and the content provided by the Platform are exclusively intended for a learning of pole dance involving professional equipment, that is to say requiring the use of certified bars allowing the acrobatic practice, that is to say bars of the brands XPOLE, FITPOLE, LUPIT, AGM THE POLE, installed in accordance with the rules of safety of the distributor, as well as the use of Crash-mat, and that subject to respecting the rules of prudence and of safety which are imposed
8.8. CONCERNING PREGNANT WOMEN: THE POLE LAB advises against the use of the Platform by pregnant women. The User acknowledges being informed. The use of the services of the Platform during a pregnancy, engages the sole responsibility of the user. THE POLE LAB could not be held responsible in case of any accident.
8.9. The User must make sure that he has a civil liability insurance covering any physical and/or material damage that he is likely to cause to himself or to others, within the framework of the viewing of the videos and the reproduction of the exercises and trainings put online.
9.1. The Company provides sports programs as well as a teaching of the pole dance not individualized, and is subjected to an obligation of means. All the information and data disseminated in the Programs and/or on the Platform are provided as an indication. The supply of these data would not know how to be assimilated, in any way that it is, with a specific council. The Platform shall not be held responsible for any damage, direct or indirect. The User therefore uses the Platform at his or her own risk and the Platform does not give any guarantee as to the suitability of the Programs, levels and training for the User’s needs.
9.2. THE USER IS SOLELY RESPONSIBLE FOR THE USE OF INFORMATION, PROGRAMS AND SERVICES OFFERED, AND IT IS UP TO HIM TO CHECK PRIOR TO ANY USE OF THE SUBSCRIPTION SUBSCRIBED TO THE COMPLIANCE AND ADEQUACY OF THE EXERCISE PROGRAMS OFFERED, AND / OR VIDEOS CHOSEN TO HIS NEEDS, TO ADAPT THEM IF NECESSARY, INCLUDING SEEKING ADVICE IF NECESSARY FROM A HEALTH PROFESSIONAL, SPORTS. In any case, the Platform shall not be held responsible for the non-performance of the contract concluded, in case of breach of Programs, force majeure, malfunction, disruption or total or partial strike, including telecommunications. The Platform shall not be held liable for any indirect damage, operating loss, loss of profit, loss of opportunity, damages or expenses.
9.3. The use of the Platform and its Services by the User implies knowledge and acceptance of the characteristics and limits of the Internet network, in particular as regards its reliability.
9.4. The User is informed that the Company may have to temporarily interrupt access to the Platform for technical reasons, and in particular for maintenance purposes. The User expressly accepts such interruptions and waives any claim in this respect, regardless of the circumstances of the said interruption.
9.5. The Platform shall under no circumstances be held responsible for any network malfunction preventing the Platform from functioning properly, any deletion or loss of data, any consequences of a virus, bug, anomaly or computer failure, and more generally for any damage caused to the computer or other equipment used by the User to access the Platform – it being understood that this list is not exhaustive.
9.6. Force Majeure: shall be considered as a case of force majeure any fact or circumstance that is irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and that cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances shall notify the other within ten working days of the date on which it becomes aware of such circumstances. The two parties will then meet within three months, unless the force majeure event makes it impossible, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the force majeure event lasts longer than one month, these GTCs may be terminated immediately by the injured party. In a non-exhaustive way, are considered as force majeure or fortuitous events, in addition to those which are usually retained by the jurisprudence of the French courts and tribunals: the blocking of the means of transport or of the Post Office, earthquake, fires, storms, flood, lightning, the stop of the telecommunication networks or difficulties specific to the telecommunication networks external to the Users.
10.1. The corporate names, trademarks and distinctive signs reproduced on the Platform (in particular “THE POLE LAB”) are protected under trademark law and copyright law, and are the exclusive property of THE POLE LAB.
10.2. The Platform and all its elements, namely the texts, comments, works, illustrations, pictures, photographs, videos and all other graphic or visual elements reproduced or represented on the Platform are strictly reserved under copyright law and under Intellectual Property law for the whole world.
10.3. The contents of the Subscriptions are protected under image rights and copyright in accordance with the provisions of the French Intellectual Property Code, and foreign legislation governing intellectual property rights, in particular copyright and related rights, design rights, patent rights and trademark rights.
10.4. In this respect and in accordance with the provisions of the Intellectual Property Code, only use for private, personal and non-commercial purposes is authorized, subject to different and even more restrictive provisions of the Intellectual Property Code.
10.5. Any reproduction or representation, in whole or in part, of the Platform and its contents, including videos and any other graphic or visual elements or of all or part of the elements found directly on the Platform or indirectly linked to the Platform
10.6. The User is also prohibited from:
- The extraction by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of the Platform and the videos on any other medium, by any means and in any form whatsoever;
- Reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of the Internet Platform and the videos, in any form whatsoever.
10.7 The creation of a hypertext link, even a simple one, may only be done with the Platform’s authorization, and provided that no confusion may exist in the minds of Internet users as to the identity of the Platform or the origin of the information.
11.1. The Company THE POLE LAB which publishes and operates the Platform is responsible for processing in the sense of the Regulations in force (including Regulation (EU) No. 2016/679 on the protection of personal data applicable as of May 25, 2018, Law No. 78-17 of January 6, 1978, known as the Data Protection Act, as amended, and any regulations supplementing, amending or replacing them).
11.2. The personal data of the User that may be collected and processed by THE POLE LAB (User name and e-mail) are necessary for the management of the Subscriber Account and subscriptions, and for the commercial relations of the Platform
11.3 They can be transmitted to commercial and technical partners, suppliers and independent third parties (Europe) who contribute to the contractual relations of the Company, concerning in particular the execution of the Services, the management of the Platform, the execution, the processing and the payment of the Subscriptions. This information and data is also kept for security purposes, to comply with legal and regulatory obligations and to enable the Platform to improve and personalize the Services offered.
11.4. In accordance with the Regulations in force, the User, providing proof of identity, has the right to access and rectify, and to object to, personal data concerning him. The User may require the data controller to rectify, complete, update or delete any personal data concerning him/her that is inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication or storage is prohibited.
11.5. In this case, it is enough to make the request by e-mail firstname.lastname@example.org, or by mail to the address Company THE POLE LAB, 1 rue des Isnards 13770 VENELLES
11.6 In accordance with the Regulations in force, the request must be signed and accompanied by a photocopy of a valid identity card bearing the signature of the User and specify the address to which the answer must be sent. A reply will then be sent to you within 2 months of receipt of the request.
11.7 In the same way, the heirs of a deceased person who can prove their identity may, if elements brought to their knowledge lead them to presume that the personal data concerning the deceased person which is the subject of a processing operation has not been updated, require the person responsible for this processing operation to take the death into consideration and to proceed with the updates which must be the consequence. When the heirs so request, the data controller must justify, at no cost to the applicant, that he or she has carried out the operations required under the preceding paragraph.
11.8. For security purposes and to ensure the reliability of the use of the Platform, the connection logs linked to Subscriber Accounts will be kept for 3 months.
11.9 For more details, we invite you to consult our page relating to the confidentiality policy.
12.1. In accordance with article 1316-2 of the Civil Code, the parties intend to set, within the framework of the services, the rules relating to the evidence admissible between them in the event of litigation and to their probative force. The following provisions thus constitute the agreement of proof between the parties, which undertake to respect the present article.
12.2. The Platform and the User agree to accept that in the event of a dispute, the data from any computer record, digital, e-mail and any element transmitted by the customer constitute proof of acceptance of these General Conditions of Use and Sale. The Parties irrevocably agree that in the event of a dispute, the scope of these documents, information and recordings is that given to an original, in the sense of a written paper document, signed by hand.
APPLICABLE LAW AND JURISDICTION
13.1. The present conditions of sale and use are subject to French law.
13.2 In the event of litigation between the professional and the consumer, they will endeavor to find an amicable solution.
13.3. Failing an amicable agreement, the consumer may refer the matter free of charge to the consumer mediator to which the professional belongs, i.e. the Association of European Mediators (AME CONSO), within a period of one year from the date of the written complaint addressed to the professional.
The referral to the consumer mediator must be made :
– either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com
– or by mail addressed to AME CONSO, 11 Place Dauphine – 75001 PARIS.
Online Dispute Resolution Platform: In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution Platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR