Effective from 25/06/2023
Clause No. 1: Purpose and Scope
These general terms and conditions of sale (GTCS) form the basis of the commercial negotiation and are systematically provided or given to each buyer to enable them to place an order.
The following general terms and conditions of sale detail the rights and obligations of Caroline Bricout EI and its customer in the context of the sale of the following services: Yoga classes.
Any acceptance of the quote/order, including the clause “I acknowledge having read and accept the attached general terms and conditions of sale,” implies the buyer’s unconditional adherence to these general terms and conditions of sale.
Clause No. 2: Price
The prices of the services sold are those in effect on the day of ordering. They are stated in euros or Mexican Pesos and are inclusive of taxes.
Caroline Bricout EI reserves the right to modify its prices at any time. However, it undertakes to invoice the ordered goods at the prices indicated at the time of order registration.
Clause No. 3: Discounts and Rebates
Caroline Bricout EI may offer discounts and rebates to the buyer in certain cases.
Clause No. 4: Discount
No discount will be granted for early payment.
Clause No. 5: Payment Terms
Payment for orders is made:
- Either by bank transfer with a 50% deposit of the total amount to be paid, no later than 24 hours before the scheduled date of the ordered service.
- Or in cash on the date of the ordered service.
Payments will be made under the following conditions:
The buyer must have contacted Caroline Bricout EI in advance, and both parties must have agreed on an appointment date for the ordered service.
Clause No. 6: Late Payment
In the event of total or partial non-payment of the services delivered by the due date, the buyer must pay Caroline Bricout EI a late payment penalty equal to three times the legal interest rate.
The applicable legal interest rate is the rate in effect on the day of delivery of the goods.
Starting from January 1st, 2015, the legal interest rate will be revised every 6 months (Order No. 2014-947 of August 20, 2014).
This penalty is calculated on the VAT-inclusive amount of the remaining sum due and runs from the due date of the price without any prior notice being required.
In addition to the late payment penalties, any sum, including the deposit, not paid by its due date will automatically result in the payment of a lump sum compensation of €40 for recovery costs.
Articles 441-10 and D. 441-5 of the French Commercial Code.
Clause No. 7: Resolutive Clause
If, within fifteen days following the implementation of the “Late Payment” clause, the buyer has not paid the remaining amounts due, the sale will be automatically resolved and may entitle the Caroline Bricout EI to claim damages and interest.
Clause No. 8: Retention of Title
Caroline Bricout EI retains ownership of the sold services until full payment of the price, principal, and accessories. As such, if the buyer becomes subject to receivership or judicial liquidation, Caroline Bricout EI reserves the right to claim, within the framework of the collective procedure, the sold services that remain unpaid.
Clause No. 9: Delivery The delivery of services is carried out:
- Either by delivering the services to the buyer’s address.
- Or by the buyer visiting the premises of Caroline Bricout EI.
Clause No. 10: Force Majeure
The liability of Caroline Bricout EI cannot be invoked if the non-performance or delay in the performance of any of its obligations described in these general terms and conditions of sale results from a force majeure event. In this context, force majeure refers to any external, unforeseeable, and irresistible event within the meaning of Article 1148 of the French Civil Code.
Clause No. 11: Jurisdiction
Any dispute relating to the interpretation and performance of these general terms and conditions of sale shall be subject to French law.
In the event of a dispute, please refer to the European Online Dispute Resolution platform (RLL).
If an amicable resolution cannot be reached, the dispute shall be brought before the Commercial Court of Lyon, located at 44 Rue de Bonnel, 69003 Lyon, France.
Done in Puerto Escondido, Mexico, on 25/06/2023.
Signature: Caroline Bricout