GTC

These conditions of sale are concluded on the one hand by the company UNSCARED whose head office is located in Saint-Christol, registered in the Trade and Companies Register of Lunel under number 848216396 hereinafter referred to as "UNSCARED" and managing the unscared.fr shop and, on the other hand, by any natural or legal person wishing to make a purchase via the unscared.fr website, hereinafter referred to as "the buyer".

Article 1: object

These conditions of sale aim to define the contractual relationship between UNSCARED and the buyer and the conditions applicable to any purchase made through the unscared.fr website. The acquisition of a product through this site implies unreserved acceptance by the buyer of these conditions of sale, which the buyer acknowledges having read prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of products on the unscared.fr site is not directly related to his professional activity and is limited to strictly personal use and on the other hand to have full legal capacity , allowing him to engage under these general conditions of sale.

The UNSCARED company retains the possibility of modifying these conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. Therefore, the applicable conditions will be those in force on the date of the order by the buyer.

Article 2. General conditions of purchase of products and services presented by the site

The products offered are those that appear on the unscared.fr website of the UNSCARED company, within the limits of available stocks. UNSCARED reserves the right to modify the product range at any time. Each product is presented on the website in the form of a description containing its main technical characteristics (capacity, use, composition, etc.). The photographs are as accurate as possible but do not bind the Seller in any way. The sale of the products presented on the unscared.fr site is intended for all buyers residing in countries which fully authorize the entry into their territory of these products.

Article 3. Rates

The prices appearing on the product sheets of the internet catalog and are prices in Euros (€) all taxes included (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be passed on to the price of the products. UNSCARED reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery costs, invoiced in addition to the price of the products purchased according to the total amount of the order. In mainland France, for any order greater than or equal to fifty euros including tax, shipping costs are free; for any order less than fifty euros including tax, a flat rate contribution to the shipping costs will be invoiced to the buyer in the amount of fifteen euros including tax unless it has been mentioned on the website of the unscared.fr store that these costs would exceptionally be offered.

Article 4. Order and terms of payment

Before any order, the buyer will be free to create an account on the unscared.fr site. The account creation section is accessible directly from the side menu bar. At each visit, the buyer, if he wishes to order or consult his account (order status, profile, etc.), must identify himself using this information.

The UNSCARED company offers the buyer to order and pay for his products in several stages, with 2 payment options to choose from:

- Secure payment by Paypal or credit card (via the PAYPAL or STRIPE system): the buyer selects the products he wishes to order in the "basket", modifies if necessary (quantities, references, etc.), checks the delivery address or fill in a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the method of payment of his choice: "Payment by Paypal". The next step offers him to check all the information, read and accept these general terms and conditions of sale by ticking the corresponding box, then invites him to validate his order by clicking on the "Confirm my order" button. Finally, the buyer is redirected to the secure PAYPAL interface in order to securely inform his Paypal account references or personal credit card. If the payment is accepted, the order is recorded and the contract definitively formed. Payment by Paypal account or credit card is irrevocable. In case of fraudulent use of it, the buyer may demand the cancellation of the payment by card, the sums paid will then be credited or returned. The responsibility of the holder of a credit card is not engaged if the disputed payment has been proven to have been made fraudulently, remotely, without physical use of his card. To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must contest, in writing, the direct debit from his bank, within 70 days following the transaction, or even 120 days if the contract binding him to the latter so provides. The amounts debited are reimbursed by the bank within a maximum period of one month after receipt of the written dispute filed by the bearer. No cost of restitution of the sums can be charged to the holder.

The confirmation of an order entails acceptance of these conditions of sale, the recognition of having perfect knowledge of them and the renunciation of availing oneself of its own conditions of purchase. All the data provided and the recorded confirmation will constitute proof of the transaction. If the buyer has an e-mail address and if he has entered it on his order form, the company UNSCARED will communicate to him by e-mail the confirmation of the registration of his order. No discount will be granted in the event of early payment.

If the buyer wishes to contact the UNSCARED company, he can do so by email at the following address: contact@unscared.fr

Article 5. Retention of title

The UNSCARED company retains full ownership of the products sold until full payment of the price, in principal, costs and taxes included.

Article 6. Withdrawal

Under Article L121-21 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except for return shipping costs.

Contracts excluded:

The services offered by UNSCARED also fall within the scope of paragraph 9 of article L221-28, stipulating that:

“The right of withdrawal cannot be exercised for contracts:
(…) 9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery; ".

The customer therefore expressly waives the exercise of his right of withdrawal the moment he validates his order.

No refunds will be made by UNSCARED.

In addition, with regard to group coaching offers or individualized coaching, UNSCARED will not make any refunds in the following cases, at any time whatsoever, and for any reason whatsoever:
– absence during the delivery of the service
– cancellation request during service delivery

As a reminder, some of the products and services offered are not subject to this right of withdrawal. Article L121-20-2 of the Consumer Code rules out or excludes in particular:
– Training services (online or in CD/DVD format) based on audio and video recordings,
– Services such as marketing consulting if the service started within 7 days of signing the contract.

Article 7. Delivery

Deliveries are made to the address indicated on the order form which can only be in the agreed geographical area. Orders are made by Professional Carriers (DHL, UPS, COLISSIMO, etc.), delivery services with tracking, delivery with or without signature. Delivery times are only given as an indication; if these exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed. Consequently, any reasonable delay in the delivery of the products cannot give rise to the benefit of the buyer:

• The allocation of damages;
• Cancellation of the order.
• The risk of transport is fully borne by the buyer.

The UNSCARED company will be able to provide the buyer with the tracking number for their package by e-mail. The buyer is delivered to his home by his postman or the deliverer of the mandated professional company. In case of absence of the buyer, he will receive a calling card, which allows him to withdraw the products ordered at the nearest post office, for a period indicated by the postal services. The risks associated with transport are the responsibility of the purchaser from the moment the items leave the premises of the company UNSCARED. The buyer is required to check, in the presence of the La Poste employee or the deliverer, the condition of the packaging of the goods and its contents on delivery. In the event of damage during transport, any protest must be made to the carrier within three days of delivery by registered mail AR.

Article 8. Warranty

All products supplied by the company UNSCARED benefit from the legal guarantee provided for by articles 1641 and following of the Civil Code. In the event of non-compliance of a product sold, it may be returned to the UNSCARED company which will take it back, exchange it or refund it.

When you return, make sure that the box selected matches the product ordered so that the item and its packaging are not damaged upon receipt. Returns in envelopes cannot be validated, as the packaging and items arrive damaged.

These clauses also apply to articles covered by the legal guarantee.

Shipping costs are your responsibility. The amount of the refund or credit note will be calculated on the purchase price of the product (less any gifts and discounts you may have received) less the shipping costs.

To return an item to us, you must enclose the return form with the package, to be printed or copied on plain paper. Otherwise your request can only be processed when you contact us.

All complaints, requests for exchange or reimbursement must be made by e-mail to the following address: contact@unscared.fr, within thirty days of delivery.

Article 9. Limitations and/or exclusions of liability

The UNSCARED company, in the distance selling process, is bound only by an obligation of means. It cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.

In addition, the client and/or participant and/or subscriber and/or user declares to recognize and/or express and/or accept and/or approve without reservation that:

• Any type of content delivered by UNSCARED in any form whatsoever (ideas, concepts, strategies, advice, etc.) does not give rise to any promise or guarantee, of any nature whatsoever (results, earnings, benefits, success , performance, etc.)
• UNSCARED its legal representatives, the authorized representatives of UNSCARED, its partners, its suppliers are not responsible or bearer of any promise or guarantee.
• That, knowing this information, he is aware that certain exercises that will be offered to him may involve risks depending on his level of physical condition and health and that he is solely responsible and totally free for the decision to participate, to continue and/or or stop practicing the exercises at any time.
• He is therefore solely responsible for his degree of participation/involvement, his decisions, actions and results.
• That it will not seek in any way to make UNSCARED, its legal representatives, its partners, its affiliates, its suppliers, the authorized persons of UNSCARED accountable for its level of participation/involvement, decisions, actions or results.
• UNSCARED shall not be held liable, under any circumstances, for any loss or damage caused or supposed to be caused in connection with the use of its advice, products or services, whatever and in whatever form.
• UNSCARED does not offer any professional medical, psychological or financial advice and that any type of content delivered by UNSCARED, in any form whatsoever (ideas, concepts, strategies, advice, etc.), cannot replace the opinion and/or the intervention of a professional duly authorized by a diploma recognized by the competent authorities. As a result, UNSCARED, its legal representatives, its partners, its affiliates, its suppliers, the persons authorized by/by UNSCARED cannot under any circumstances be held liable, in any way whatsoever, for damages of any nature whatsoever. be (bodily injury, financial damage, illness, death, etc.)
• In any case, the responsibility of UNSCARED, its legal representatives, its partners, its affiliates, its suppliers, the persons authorized to UNSCARED, would be contractually limited, if necessary, to compensation which could not be greater than the amounts incurred for the purchase of the good or service, whether it is damage (even bodily injury) or loss suffered or other causes.
• That it is its sole and entire responsibility to cover itself for potential risks, knowing that UNSCARED is not a subscriber to insurance for medical care, and/or bodily injury and/or disability

Article 10. Intellectual property

All elements of the unscared.fr site are and remain the exclusive intellectual property of the company UNSCARED. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of a photo, logo, visual or text.

Article 11. Personal data

The UNSCARED company undertakes to preserve the confidentiality of the information provided by the buyer, which he would have to transmit for the use of certain services. Any information concerning him is subject to the provisions of Law No. 78-17 of January 6, 1978. As such, the Internet user has a right to access, modify and delete information concerning him. He can make the request at any time by mail to the following e-mail address: contact@unscared.fr

Article 12. Settlement of disputes

These distance selling conditions are subject to French law. For all disputes or disputes, the competent court will be that of Montpellier.

Article 13. Force majeure

The responsibility of the company UNSCARED cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.