General Terms of Sale and Use

Effective Date of General Terms and Conditions of Sale January 1, 2022. Amended on: March 1, 2022

PREAMBLE

Yogi C’s team operates a website available at https://yogi-c.com.

Yogi C offers its members and clients yoga, meditation, personal development or «mental health» classes and introductions, taught by Charlie qualified teachers, at home, outdoors or online, custom made.

Yogi C can be contacted at:

Email: charlie@yogi-c.com
Courier: 52 Boulevard Victor Hugo – 06000 Nice – France

These General Terms and Conditions of Sale (hereinafter the « GTCS ») and the General Terms and Conditions of Use (hereinafter the « GTCU ») govern the commercial relations between Yogi C and any natural person having legal capacity, as a consumer and user within the meaning of the Consumer Code, who places an order on the Site (hereinafter “the User”). In the absence of legal capacity, this person must have the authorization of his legal representative to place an order on the Site, which he expressly acknowledges and accepts.

The GTCS and GTCU are therefore not applicable to legal persons or natural persons placing an order on the Site in the context of their professional activity carried out on a non occasional basis, whatever it may be (craft, commercial, liberal, industrial).

The Use of the Site and the Services is offered to the User, subject to its acceptance of the General Conditions in force.

Therefore, prior to any use of the Site and placing an order, the User acknowledges having read these General Conditions and expressly accepts them in their entirety, without any restriction, as soon as he checks the box “I agree to the Terms and Conditions”.

WARNING

The User acknowledges that he is aware that the activities proposed by Yogi C must be in good physical condition.

Yogi C strongly recommends that Users consult their physicians in order to obtain a certificate attesting to its suitability for the practices available on the Site, before subscribing to the services offered on the Site. Yogi C may require a medical certificate if it considers it necessary.

The User agrees to inform any element related to his health (injury, pregnancy, etc.) so that the team Yogi C can take this into account if necessary during the course.

Yogi C does not guarantee a medical or sports result due to the practices offered on the Site, which do not constitute a medical or sports opinion.

1. Definitions

Customer: means any User who has purchased online or face-to-face courses through the Site.

Personal Account: means the account that any Customer has to place an Order to access the Services offered by the Site, including the personal data necessary to provide the Services provided herein.

Order: means the process whereby the Customer selects the Services to which he wishes to subscribe and pays them online.

Agreement: means these Terms and Conditions, the special terms and conditions applicable to certain Services, and the Privacy Policy. Any contradictory document is not applicable to the relations between Yogi C and its Customers.

Personal data: refers to all information relating to the individual Customer entered by him during the Order or the creation of a Personal Account. These Personal Data are managed by the Privacy Policy, which is an integral part of the Agreement.

Parties: means jointly Yogi C and the Customers of the Site.

Products: refers to the “Yogi C” products offered for sale to which the Customer may access through the Site.

Services: refers to the sale on the Site of various practices, including yoga or meditation, or personal development or mental health courses, as well as the delivery of these courses in person or online.

User: means any natural or legal person accessing the Site, whether Customer or not.

2. GTCS Purpose and Current Version

2.1. The purpose of these Terms and Conditions is to define the terms and conditions including all rights and obligations arising therefrom, under which Customers may access, use and order Services on the Site.

The terms and conditions apply to any Order made through the Site, and to this method of order exclusively. Where applicable, the GTCS shall prevail over any other conflicting document, subject to the following.

All Customers who access the Site and place an order must have read the Terms and Conditions, expressly accept them by ticking the box provided for this purpose, the User can find them in the Footer of the website.

The terms and conditions may be supplemented by special conditions applicable to certain Services. In case of contradiction between the GTCS and the special conditions, the latter will prevail.

2.2. Yogi C is free to modify these Terms and Conditions at any time, in particular to take into account any legal, case law, editorial and/or technical developments. Yogi C informs the Customers of this evolution by email or any other useful means, at least 1 (one) month before the entry into force of the new version of the GTCS.

If the Customers do not accept the GTCS or its subsequent modifications, they must renounce any use of the Site and unsubscribe from it.

Any Customer who uses the Services after the entry into force of the amended Terms and Conditions is deemed to have accepted these modifications, which he must in any case accept by means of a check box when placing his Order.

2.3. The version of the GTCS applicable to an Order is the version in force available on the Site at the time of the Order. For Prior Orders, the applicable GTCS are those that were in effect at the time the Order was placed.

The Customer therefore undertakes to carefully review the Terms and Conditions during each connection to the Site and each time he places an order on the Site.

The various versions of the GTCS are available on the Site, and it is the Customer’s responsibility to print and/or download them and keep a copy.

The GTCS are accessible and printable at any time by the Users by a direct link at the bottom of the Site.

3. Services offered by Yogi C

Yogi C offers a wide range of individual and group classes of different practices, including yoga, pilates, meditation, personal development or mental health, which are conducted by Charlie certified teacher, payable online. Yogi C undertakes only that the courses offered shall be provided, under the conditions provided for in the GTCS, by any professor to whom Yogi C may make use, and not that a course be provided by a specific and named professor.

These courses, organized by Yogi C, can take place (i) either live on the Internet, (ii) or in face-to-face, in private or public spaces agreed to beforehand with the Clients and Yogi C.

Clients can register for the Yogi C courses in different ways.

3.1. Live and online Classes

Both live and online courses are available individually. Yogi C may evolve its offers, in particular by offering a type of subscriptions directly on the Site (annual or monthly subscription for example) or a pack of courses.

The period of validity of the courses purchased by the unit is indicated on the Site.

3.2. Face-to-face courses (Community classes)

Individual and/or group face-to-face courses can be ordered by Customers (i) individually, or (ii) by pack of several courses. The period of validity and the number of courses included in the package are indicated on the Site.

3.3. Courses between neighbours

Courses between neighbours may be acquired by Customers (i) on a one-off basis, or (ii) on a package of several courses. The period of validity and the number of courses included in the package are indicated on the Site.

This type of course takes place at the home of a Client, who agrees to receive the professor and other Clients free of charge for the duration of the course.

3.4. Workshops and Masterclasse

Workshops and masterclasses can be ordered by the Customers (i) for one person, (ii) for two people, (iii) for three people or (iv) for four people.

3.5. Gift Card

Gift cards are available for all types of courses: online courses, face-to-face courses, classes between neighbours, workshops and masterclass.

It is up to the recipient of the gift card to activate it by logging into the Site and creating a Personal Account, under the terms and conditions set out herein. Gift cards must be activated and used in accordance with the terms and conditions set out herein and/or indicated on the Site (period within which the gift card must be activated, for example).

3.6. Products

Yogi C has developed a range of recommended Products grouped on the « favorite » page.

If a Customer purchases a Product from the Yogi C range, the order is made directly from the related supplier, to whom the Customer pays the price of the Product. In this respect, the Customer accepts in advance the general conditions of sale of the distributing company, which acts as seller, which is solely responsible for the management and execution of the Customer’s order. Yogi C has no contractual relationship with the Customer in connection with the sale of the Favorite Products.

Thus, any claim relating to the sale of Products Yogi C will be made directly to the distributor, the company Yogi C cannot in any case incur its liability in this respect.

4. Personal Account and Order

4.1. Creating a Personal Account

In order to access the Services and place an Order, the User must create his Personal Account by indicating mandatory Personal Data (last name, first name, email, telephone). The User may also fill in Personal Data that is optional, if the registration form mentions it.

The User must fill in all the information indicated as mandatory. Otherwise, his Personal Account cannot be created. Upon receipt of this information, the Customer’s Personal Account is then created by Yogi C.

The User undertakes to communicate accurate, complete, lawful and fair information, which he undertakes to update quickly in case of change if the functionalities of the Site allow it. Failing this, the User will contact Yogi C by email at privacy@yogi-c.com to request that his personal data be updated. He is solely responsible for the Personal Data he has provided on the Site, including in particular their veracity and accuracy.

The Personal Data set out above are processed by Yogi C in accordance with the “Personal Data” article of these Terms and Conditions.

4.2. Placing an Order

The Services are available for sale on the Yogi C website, depending on the Services concerned.

To place an Order, the Customer must access his Personal Account, subscribe to the Services of his choice, by filling in any necessary information.

The description of the Services is available to the Client on the Site, which the Client accepts and acknowledges. The User thus declares that he has obtained from Yogi C, prior to his Order, all the information about the Services and their content necessary for it. It declares that it is solely responsible for choosing the Services and for their suitability for its needs.

In order to finalize his Order, the Customer must validate these Terms and Conditions, as detailed in the article « Purpose of the Terms and Conditions and version in force » and pay the amount of the Order indicated in euros and taxes (all taxes included), thus acknowledging that the Order requires payment.

Yogi C then confirms the Order and its details by sending an email to the address indicated by the Customer for the creation of his Personal Account.

4.3. Suspension or Deletion of a Personal Account

Without prejudice to the other provisions of the General Terms and Conditions, in the event of inappropriate behaviour by the Customer and/or non-compliance with these General Terms and Conditions or payment incident, Yogi C reserves the right to suspend or terminate the Agreement by deleting – in the event of a serious breach – the Customer’s Personal Account, in accordance with the terms of these Terms and Conditions.

In the event of a suspension, the duration of the suspension is determined by Yogi C, depending on the nature and severity of the Client’s actions. Yogi C will keep the Client informed of its decision and the duration of the suspension as soon as possible.

5. Terms and Conditions Modalities

5.1. Access to Course Schedule

The Customer may consult, via the Site, the calendar indicating all the courses offered on the date of consultation of the Customer.

This schedule includes the practice, location, date and schedule of the course, and any other information that Yogi C would find useful.

5.2. Booking courses

All course bookings are made on the Site, via the Personal Account of the Customer concerned, within the limits of available places. It is understood that Yogi C will not be liable in the event that Yogi C has not been made aware of this booking, due to the unpredictable and insurmountable fact of a third party.

A Customer may book a course no later than 48 hours before the start of the course.

Each time a course is booked, the Customer (i) receives an email confirming his reservation, then (ii) receives a second email with the questions and waiver. Before the course starts another one will be sent with a link to connect to the live streaming when the course takes place live, on the internet.

5.3. Course Cancellation

5.3.1. The Customer may cancel a course, via the Site, no later than 24 hours before the course.

Any cancellation of a course by a Customer less than 24h before the course will be recorded by the site and the customer sensitized on the necessity not to repeat this behavior. What the latter expressly acknowledges and accepts.

5.3.2. The option of cancellation left to Customers must be used in a reasonable manner. If Yogi C considers that a Customer cancels too many courses on a regular basis or does not attend the courses for which he has registered, this assessment being at his discretion, it may take any necessary action against the Customer concerned, in particular by applying the “Obligations of Users” provisions of these General Terms and Conditions.

5.3.3. If the teacher is unable to attend a course (illness, for example) Yogi C makes best efforts to reschedule the course or use another teacher.

5.4. Course Flow

Yogi C agrees that the courses offered to Customers will be insured.

The courses are taught by Yogi C who in some cases can call on other teachers selected according to their skills in the various practices offered on the Site, as well as for their teaching skills. However, Yogi C does not guarantee that teachers are suitable for the specific needs and expectations of each Customer.

The conduct of the courses is entirely within the control of these professional teachers.

In the event that a Client encounters any difficulty with a teacher, the Client may contact Yogi C at charlie@yogi-c.com detailing the nature of the difficulty, so that Yogi C can assist the Client in managing the difficulty.

Customers may not come into direct contact with teachers, in particular via the Site, for the same or similar subject matter in these Terms and Conditions, outside of the courses they provide.

6. Price and Payment

6.1. Prices

6.1.1. The prices of the Services appear on the Site and are indicated in euros, all taxes included.

The applicable price is the one in force when the Customer places the Order. The price and payment terms may be changed at any time by Yogi C, which the Customer acknowledges and accepts.

Yogi C may, in its sole discretion, offer promotional offers or price discounts, as determined by Yogi C**.

6.1.2. Prices may be revised at the discretion of Yogi C. These new prices will apply as of the update of the Site, for any new Order.

Users who do not accept the new rates set by Yogi C must stop using the Services. Otherwise, it will be deemed to have accepted the new prices displayed on the Site.

6.2. Payment

6.2.1. Payment for the Services by the Customer shall be made by means of a bank card via the payment provider chosen by Yogi C.

The payment terms of the Services through this provider are specific to this platform, and are independent of Yogi C. It acts as a subcontractor of Yogi C, including within the meaning of applicable personal data legislation. Yogi C does not directly collect or process any of the Client’s bank details and is not involved in the payment process for which its service provider is responsible. As such, Yogi C cannot be held responsible for any malfunction occurring during the payment process that is due to the service provider, subject to its responsibility as the person responsible for processing the Customers’ Personal Data.

The management of Customers’ Personal Data in connection with the payment of the Services is provided for in the Privacy Policy mentioned in the article «Personal Data».

By accepting these Terms and Conditions, Customers also agree to be bound by the Payment Provider’s Terms and Conditions of Use. The latter may be amended by the latter. It is specified that under no circumstances Yogi C may change these Terms of Use, and Yogi C has no control over these Terms of Use.

As for the actual payment, the Customer warrants to Yogi C that it is fully authorized to use the credit card for the payment of its Order. Yogi C shall not be liable for any fraudulent use of the credit card used for the payment of the Services by the Customer.

Individual courses, course packs, gift cards, workshops and masterclass: the price of the Services is due in one go, at the time of the Order, by the means indicated above.

The payment provider issues a single receipt for the Customer’s payment made at one time.

6.2.3. The delay or incident of payment of a Customer automatically results, on presentation of a formal notice with request of acknowledgement of receipt:

forfeiture of the term of all sums due by the Customer and their immediate repayment,
the suspension of the Services until the full payment of the sums due by the Customer,
charging Yogi C interest at a rate of 3 (three) times the legal interest rate, calculated on the total amount due by the Customer to Yogi C.

7. Right of withdrawal

Customers have a right of withdrawal of 7 (seven) clear days from their acceptance of the General Terms and Conditions, with the exception of article L.221-28 of the French Consumer Code:

Services which, as leisure activities, must be provided on a specific date or period;
Services fully performed before the end of the withdrawal period and the performance of which has begun after prior express agreement of the Customer and express renunciation of his right of withdrawal.

In order to use the Services before the end of the withdrawal period, Customers may expressly request the commencement of performance of the Services in accordance with article L.221-25 of the French Consumer Code. Notwithstanding the foregoing, the Customer may exercise his right of withdrawal, in which case he shall pay to Yogi C the amount corresponding to the service provided until the communication of his decision to withdraw, proportionate to the total price of the agreed service.

To exercise its right of withdrawal, the Customer must send its decision of withdrawal to Yogi C by any unambiguous declaration before the expiry of the withdrawal period by email to privacy@yogi-c.com.

8. Use of the Site – Obligations of Users and Customers

The obligations detailed in this article are without prejudice to any other obligations provided for in these General Terms and Conditions.

8.1. When registering online on the Site, the Customer undertakes to provide true, accurate, up-to-date and complete information about his identity and all the contact details he provides. The use of pseudonyms is strictly prohibited, except in case of drafting of opinions by the Customer provided for in this article. The Customer undertakes to update immediately in case of modification the data that it communicated during its registration. Customers are reminded that article 226-4-1 of the Penal Code punishes by one year of imprisonment and a fine of €15,000 the fact of impersonating a third party or of making use of one or more data of any kind allowing to identify him in order to disturb his peace or that of others, or to impugn his honour or consideration. The Customer who finds one or more facts constituting the crime of identity theft must immediately inform Yogi C at the following address: 52, boulevard Victor Hugo, 06000 Nice ou privacy@yogi-c.com.

A Customer may only open one account on the Site, which is limited to his personal use only.

8.2. The Customer is solely responsible for the use made of his Personal Account and for the protection of his usernames and passwords. Any identity theft, loss, misappropriation or unauthorized use of a Customer’s identifiers and/or account and their consequences are the sole responsibility of that Customer. In all the cases mentioned above, the Customer is obliged to notify Yogi C, without delay, by e-mail, specifying his name, surname, postal code, city, date of birth, telephone, the e-mail address used for his Personal Account, privacy@yogi-c.com to allow Yogi C to take action to remedy the situation, including immediate cancellation and/or update of the affected ID and/or password. The misuse of this signalling ability is likely to result in the liability of the abuser.

Similarly, the Customer guarantees to be the exclusive user of the equipment by means of which it accesses the Site and to be solely responsible for it (purchase, maintenance, etc.).

The Customer undertakes to take all necessary and useful measures to protect and secure its equipment, login and password, in particular by never communicating its login and password to third parties or by leaving them accessible.

The Customer is fully informed of the risks related to the loss or theft of its username and password, the hacking of its equipment or any other fraudulent act allowing unauthorized use of its Personal Account.

8.3. The Customer further undertakes to comply with the following obligations:

he is solely responsible for the courses in which he chooses to take part and must therefore check the type of course chosen (online or face-to-face), the place and the practice concerned,
he must ensure that his state of health is compatible with the discipline concerned, if necessary having obtained a medical opinion, it being specified that Yogi C may require a medical certificate if he considers it necessary,
if necessary, he must inform the professor of any elements related to his state of health (injury, pregnancy, etc.),
he must have taken out civil liability insurance, valid on the day of registration for the Services and for the entire duration of the Services,
in the event that a course between neighbours takes place at home, the Customer declares and guarantees having all the necessary authorisations to do so, and to be insured in terms of civil liability for any material or human damage that may occur during the course,
in the same hypothesis, the host Customer of the course between neighbours has a home meeting the quality, space and comfort criteria indicated in Yogi C,
he must participate personally in the courses he has booked, a third party cannot attend a course in his place,
he must arrive on time for the course, otherwise the professor may refuse to have the Client attend the course,
it must not disturb the course by inappropriate remarks or actions,
it undertakes to respect the rules (in particular the rules of procedure) of the areas in which courses are held in person, and to adopt an appropriate attitude and behaviour, exchanging with teachers and other pupils according to the standards of politeness and courtesy, and wearing proper attire,
he undertakes to take care of the material made available to him when the courses take place in person or at an individual, it being specified that in case of degradation, Yogi C could claim from the Customer the reimbursement of repairs or replacement of said equipment.

8.4. In the event of knowledge of a Customer’s manifestly unlawful act and/or in the event of a breach of the provisions of these Terms and Conditions and/or of any legal or regulatory obligations, Yogi C may, as the case may be, delete or suspend the Customer’s account in accordance with these Terms and Conditions. Yogi C reserves the right to sue the competent judicial authorities for any use of the Site that does not comply with these Terms and Conditions.

8.5. Customers acknowledge that their access to the Site may be subject to certain technical requirements. For example, Customers must have a broadband internet connection and a recent browser. Otherwise, the difficulties of functioning of the Site that may exist cannot engage in any way the responsibility of Yogi C.

8.6. In general, the Users undertake to:
– comply with the laws and regulations in force and not to infringe public order, good morals or the rights of third parties, including their intellectual property rights,
– not use the Services offered by Yogi C for the purpose of engaging in illegal, fraudulent or security-invasive activities of third parties,
– not harm, control, interfere with, or intercept all or part of a third party’s computer system, or violate its integrity or security,
– do not enter or attempt to enter the computer system of Yogi C,
– not slow down access to the Site or interfere with the Site’s access and authentication measures,
– not carry out any practice intended to divert the Site or the Services for purposes other than those for which they were designed, namely the organization of courses of different practices,
– not use the Site to promote other competing sites or similar sites as such, offering similar products or services,
– not engage in behaviour likely to slow down, suspend or interrupt the continuity of the Services or the Site,
– not to carry out any other act which may infringe the financial, commercial or moral rights and interests of Yogi C,
– and not to act in violation of the provisions of these General Terms and Conditions.

8.7. Customers may provide opinions on the Services offered by Yogi C via a third-party system offered by Yogi C. Customers are not required to write a notice and Yogi C offers no consideration to Customers who write a notice.

Each notice also has a score between 0 (zero) and five (5) stars, with 0 (zero) star being the lowest and five (5) stars being the highest. This star rating is obtained by halving the Client’s score between 0 and 10. A general rating, which Yogi C may publish on the Site at its discretion, is then assigned to the Rated Services, calculated as follows: arithmetic average of all notices relating to said Services rated from 0 to 10, divided by two.

The Client’s opinion must relate only to the Services themselves (characteristics, qualities, etc.).

Only Customers, and thus Users who have placed an Order on the Site, can write a notice concerning one of the Services purchased, indicating their real first name or pseudonym. The Client consents or refuses to publish its opinion on the Site. It will therefore be published only if the Client consents. In this case, the Customer is informed, if he mentions his first name, that this Personal Data will be freely accessible on the Site or other communication channels through which the notice would be published (accounts of Yogi C on social networks for example). Yogi C will not be responsible for any resulting consequences.

The collection and processing of the Customer’s Personal Data in this respect is managed in accordance with the terms and conditions of the Privacy Policy available here: [transmitted on request by email: privacy@yogi-c.com].

By writing a notice, the Customer guarantees and declares that:

acting in a private capacity only and not as a professional having commercial relations with Yogi C,
its opinion is in accordance with these General Terms and Conditions,
he is the author,
this content does not contravene the intellectual property rights of a third party, nor the legal provisions relating to defamation, insult, hate content, etc.,
this content is sincere and reflects its informed opinion on the Services,
that opinion is true and accurate,
its opinion is written in comprehensible, intelligible language,
its opinion is not inappropriate, in particular vis-à-vis another Customer,
his opinion does not include personal data.

Only the notices of Customers who have consented to their publication will be published on the Site. Yogi C may, at its discretion, publish all public notices or select them manually, It should be noted that notices are not subject to a specific pre-publication control procedure. Yogi C may choose to respond to a Customer’s opinion, or to contact the Customer about their opinion via the email address used for their Personal Account.

The notices published on the Site are presented in chronological order and include the date of publication as well as the date of experience of consumption (date of purchase of the Services for example).

However, this notice may be deleted or hidden in whole or in part once published if its content does not comply with any legal provisions. As such, the drafting of this notice implies in particular that the Customer expressly acknowledges and accepts its possible publication on the Site by Yogi C according to the terms described in these Terms and Conditions. Customer Reviews may, at the discretion of Yogi C, be removed from the Site at any time by Yogi C, or remain online and accessible to any Internet user as long as the Services concerned by the reviews are offered for sale and/or there is no change in their main characteristics.

If the Client consents to the publication of its opinion, it acknowledges and accepts its public dissemination on the Site, on which this opinion will be accessible as well as through a potential search engine referencing. In this case, the Client also expressly agrees that the notice it has written may be used by Yogi C on the accounts it has on social networks, in which case the publication may be deleted upon written request of the Client. Otherwise, it can be maintained or deleted from the relevant social network at the discretion of Yogi C.

8.8. Each Customer undertakes to guarantee and indemnify Yogi C against the consequences of any claim by a third party as a result of the Customer’s violation of one or more provisions of the GTC. The Customer undertakes to provide its full cooperation in the handling of complaints.

9. Liability and warranty of Yogi C

9.1. Yogi C undertakes to provide the Services diligently and in accordance with best practices.

9.2. For greater certainty, Yogi C is required to provide the Services in accordance with an obligation of best efforts.

As the Site and Services are not intended for a single Client based on its specific needs and expectations, Yogi C cannot guarantee that they meet the needs and expectations of all Clients.

9.3. Yogi C undertakes to make its best efforts to ensure that the Site is accessible and operates 24/7, except in case of force majeure, unforeseeable and insurmountable event due to a third party or by reason of the Customer itself. In any case, the Site may experience maintenance periods, possible failures, technical hazards related to the nature of the network or malicious acts or any damage to the Yogi C hardware or software.

Yogi C performs regular checks to verify the operation and accessibility of the Site.

The Site has the technology necessary to date for its access and use, however, it being specified that the presence of any viruses or other harmful elements, introduced by any means or by any third party, which could produce alterations in the Customer’s computer systems, cannot be excluded.

Furthermore, Yogi C cannot guarantee to Users and Customers that the Site is completely free from defects or defects, Yogi C making best efforts to correct them when aware of them.

Yogi C reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Site, the services or content offered, such as the right to delete, limit, or suspend them, provisionally or permanently.

9.4. In the event that the liability of Yogi C was to be called into question by reason of damage suffered by the Customer under the Agreement, this liability is in any event limited to the proven damage suffered by the Customer, subject to mandatory legal provisions.

10. Personal data

Yogi C is responsible for processing, within the meaning of the French Data Protection Act of 6 January 1978 as amended, of the European General Data Protection Regulation (EU) 2016/679 of 27 April 2016 and any other applicable regulations, Customer Personal Data collected and processed by the Customer and within the framework of the Terms and Conditions.

Yogi C undertakes to comply with applicable personal data legislation and to make every effort to ensure the security of Customers’ Personal Data.

The management of Customer Personal Data, including in particular the obligations of Yogi C and the rights of Customers, is detailed in the Privacy Policy available here: [sent on request by email: privacy@yogi-c.com].

The Customer undertakes to take note of said Privacy Policy, which is an integral part of these Terms. Thus, acceptance of these Terms and Conditions of Sale implies also accepting the content of the Privacy Policy, according to the same process as the GTC.

This Privacy Policy may be amended at any time by Yogi C, using the same process as in the case of changes to these Terms.

11. Intellectual Property – Personality Rights

11.1. Without this list being exhaustive, the French and foreign brands « Yogi C« , as well as their derivatives, logos, graphic charter, layout, information, presentation and content of the Site, as well as the company names, commercial names, signs, domain names, without this list being exhaustive, are protected elements within the meaning of the French Intellectual Property Code, whether by copyright, trademark law or any other private right.

Systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc.) constituting the Site or operated by Yogi C on the Site are also protected by any applicable intellectual property rights or database producers’ rights.

Yogi C is the licensee and/or authorized operator of the items described above.

11.2. Any use, copy and more generally, any act of reproduction, representation, dissemination, disassembly, extraction, decompilation of any of these elements, in whole or in part, without the authorization of Yogi C, are strictly prohibited and may be the subject of legal proceedings.

Any reproduction or representation, in whole or in part, of the Site or its components, such as trademarks, logos, graphic charter, layout, information, presentation and content of the Site, without this list being exhaustive, is prohibited.

11.3. The Site may contain hyperlinks to third-party websites, which Yogi C has no control over.

Therefore, Yogi C disclaims all responsibility for the content of these third-party sites, the use that may be made of them and the content to which these third-party sites may return, for which the third-party is solely responsible.

11.4. The Site includes photographs representing natural persons, including Customers.

The Customers concerned acknowledge that they have consented to the taking of the photographs and their posting on the Site, under the terms and conditions of the authorization of right to the image signed with Yogi C.

As such, Yogi C has obtained any necessary written agreement from the Customers, the image of which is used on the Site as part of the Yogi C communication.

11.5. Assuming a Customer posts a photo or content on a social network under one of the Yogi C posts or hashtag published by Yogi C, or tagging Yogi C, the Customer is informed and expressly agrees that this photo/content may be reused for the communication of Yogi C on different communication channels, namely the social networks on which it has an account and on the Site. The published photo/content may in this case be deleted upon written request of the Customer. Failing this, it may be maintained or deleted from the relevant social network or the Site at the discretion of Yogi C.

In any event, as the Customer publishes on social networks, the terms and conditions of use of the social network shall apply.

12. General Provisions

12.1. Partial non-validity

If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other stipulations shall remain in full force and effect.

12.2. Non-renunciation

The fact that one of the Parties does not rely on the other Party for a breach of any of the obligations referred to in the GTCS cannot be interpreted in the future as a waiver of the obligation in question.

12.3. Outsourcing

Yogi C may use one or more subcontractors at its discretion to perform all or part of the Services offered on the Site, which the Customer expressly acknowledges and accepts.

13. Applicable Law

These GTCS are written in English and French and are governed by French law.

14. Mediation – Litigation

14.1. In the event of a dispute relating to the execution of this agreement, the Customer shall address Yogi C as a matter of priority, in order to find an amicable solution, by email to privacy@yogi-c.com.

14.2. In the event that an amicable solution cannot be found, the Customer may use a consumer mediator free of charge, under the conditions provided for in Articles L. 611-1 et seq., R. 612-1 et seq., and R. 616-1 of the Consumer Code, within one year of the Client’s last contact with Yogi C.

In addition, 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.

14.3. In the absence of an amicable outcome (however, it being specified that mediation is not a mandatory prerequisite for the seizure of the judge) and whatever the origin of the conflict, whether in particular the training, the execution, the interpretation, the validity, termination or termination of the Agreement, including in the case of protective procedures, emergency procedures, in the case of interim measures, appeals for warranty, requests or plurality of defendants, the dispute may be brought, according to the legal and regulatory provisions in force (article R.631-3 of the Consumer Code and article 46 of the Code of Civil Procedure in particular):
– either before the competent court of the defendant’s place of domicile or, at the plaintiff’s choice, the place of performance of the Services or of actual delivery of the Product,
– or before the competent court of the place where the Customer remained at the time of the conclusion of the Contract or the occurrence of the harmful event.

It is specified that the time to act judicially is not interrupted during the time during which an amicable solution is sought or a mediation requested by the Client.