General Conditions of Sale And Use

 

 

In effect on 21/03/2023

 

Overview of the site

This website is operated by Linda Chea. Linda Chea offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting this site and/or purchasing any of our services, you are engaging in our “Service” and agreeing to be bound by the following terms and conditions (“Terms and Conditions”, “Terms and Conditions”), including any additional terms, conditions and policies referenced herein and/or hyperlinked thereto. These Terms and Conditions apply to all users of this site.

Please read these Terms and Conditions of Sale and Use carefully before accessing and/or using our website. By accessing and/or using any part of this site, you agree to be bound by these Terms and Conditions. If you do not agree to all of the terms and conditions of this agreement, then you should not access the website or use the services offered on it. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.

You can view the most recent version of the Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.

 

Field of application

Linda Chea is registered under number 491 794 517 00020 and her office is located at 12, Rue Marceau, 94700 Maisons Alfort, France.

The services governed by these GTC are those that appear on the site and which are indicated as sold by the seller. The essential characteristics of the services are described and presented with the greatest possible accuracy on the site. The main characteristics of the services or condition of the program, are presented on the site. The customer is required to take note of these before placing an order.

The information provided to the seller must be accurate. The customer must ensure that the information is correct and compliant when subscribing. In the event of erroneous information being communicated, the seller cannot be held responsible. The choice and purchase of services are the only responsibility of the customer. Customers declare that they are of legal age and fully capable of contracting. These GTC are accessible at any time on the site and will prevail over any other document. The present document aims at fixing the GTC of the seller’s services. According to the evolution of the site, the seller reserves the possibility of modifying them and consequently asks the customer to refer to them regularly.

 

General terms and conditions

The GTC apply to the the service offered by Linda Chea and booked by each client. Consequently, the GTC shall govern all relations between Linda Chea and each person wishing to book a service.

The services are reserved for persons who have reached the age of majority.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or use of the Service, or any access to the service or contact on the website through which the service is provided, without our prior express written permission.

 

Accuracy, completeness and timeliness of information

We are not responsible for the accuracy, completeness or timeliness of the information available on this site. The content of this site is provided for informational purposes only and should not be relied upon as your sole source of information for making decisions without first consulting more accurate, complete and up-to-date information sources. If you decide to rely on the content presented on this site, you do so at your own risk.

This site may contain certain prior information. Such past information, by its nature, is not current and is provided for informational purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.

 

Acceptance and enforceability

The applicable GTC are those in force on the day of the payment.

The current GTC are available to the customer on the website.

Any reservation of a service therefore implies full and complete acceptance of the GTC. No other provision, clause or condition emanating from the Participant shall prevail over the GTC.

 

Characteristics of the services and prices

The services offered by Linda Chea, as well as the corresponding prices, are detailed on the website.

Payments are made by bank transfer, in advance, no later than 72 hours before the date of the session.

As described on the website, 6 sessions program are payable in 1 or 2 installments like follow: 500€ + 300€.

The customer acknowledges having read the essential characteristics of the services.

The services are provided at the prices in force on the site, at the time the payment is made by the seller. The prices are expressed in EUROS and all taxes included (TTC). In the case of a modification of prices, these changes are only for the future orders, the orders already paid will not be affected by the new tariff conditions. The payment requested from the customer corresponds to the total amount of the purchase. An invoice can be requested by email at laoban@donttellmysisters.com. The payment of the services is made by bank transfer. The seller cannot be held responsible in case of fraudulent use of the payment methods used.

The seller will not be held to proceed to the supply of the services ordered by the customer if this one does not pay the price in totality in the conditions indicated above.

In accordance with the regulations in force, the bank details of customers are not kept by the seller.

 

Reservation of service and payment

The reservation of a service is made by means of a registration by telephone, by e-mail or by the contact form, the payment is requested in order to guarantee the booking. Payments are made by bank transfer.

Following the reservation, a questionnaire is sent to personalize the program.

The balance of the service is to be paid no later than 48h before the date of the service.

The bank details of Linda Chea will be communicated by email.

Upon receipt of the payment, Linda Chea will send the customer, depending on availability, a written confirmation of the reservation by e-mail.

No reservation shall be deemed final until the service has been paid in full.

An invoice will be sent to the client upon request.

 

Service

Linda Chea offers remote consulting services to holistic wellness. These programs are personalized and based on different themes depending on the customer for an optimal quality of service.

 

Changes to services and prices

All service descriptions and prices are subject to change at any time without notice, at our sole discretion.

We reserve the right at any time to modify or discontinue the service at any time.

Any offer of service made on this site is void where prohibited by law.

We will not be responsible or liable to you or any third party for any modification, suspension or discontinuance of the service.

We do not warrant that the quality of any services, information, or other merchandise obtained or purchased by you will meet your expectations, or that any errors in the Service will be corrected.

 

Cancellation

According to articles L.121-21 and following of the Code de la Consommation, the buyer has a legal period of fourteen days from the date of payment made by bank transfer to make known the decision to cancel.
Any cancellation by the buyer must be notified to Linda Chea by sending either a request by:

– calling +33 7.49.87.72.38 and
– by sending an e-mail to laoban@donttellmysisters.com

The customer must provide proof that Linda Chea has been informed of the cancellation decision.

The refund will then be done before a legal period of fourteen days.

Consequently, the service cannot begin until the expiry of this 14-day period. Nevertheless, the customer agrees to waive his right of cancellation (article L. 221-28 of the Code de la Consommation) if the request for service is made before the end of the period of 14 calendar days.

Cancellation  period: the communication of the decision to cancel must take place at least 48 hours before the appointment.

In case of a single appointment:
– if the right of cancellation is notified at least 48 hours before the date of the appointment, the refund will take place before a legal period of fourteen days.
– if the right of withdrawal is notified less than 48 hours before the date of the appointment, no refund can take place.

In case of a follow-up, if the payment has taken place in 1 installment and the sessions have not started yet:
– if the right of cancellation is notified at least 48 hours before the date of the appointment, the total refund will take place before a legal period of fourteen days.
– if the right of cancellation is notified less than 48 hours before the date of the appointment, a refund of part of the amount will be made, the price of a single session will be retained, i.e. minus 150€ on the amount paid, before a legal period of fourteen days.

In case of a follow-up if the payment has taken place in 2 instalments and the sessions have not started:
– if the right of cancellation is notified at least 48 hours before the date of the appointment, the total refund of the amount paid will take place before a legal period of fourteen days.
– if the right of cancellation is notified less than 48 hours before the date of the appointment, a refund of part of the amount will be made since the price of a single session will be retained, i.e. minus 150€ on the amount paid, before a legal period of fourteen days.

In case of a follow-up that has started and that the customer wishes to stop before the end and if the payment has taken place in 1 installment:
1. if the notification of cancellation happens at least 48 hours before the 3rd appointment, a deduction of €500 will be made from the reimbursement of the amount paid, which will take place before a legal period of fourteen days.
2. if the notification of cancellation  happens less than 48 hours before the 3rd appointment, a deduction of €600 will be made from the refund of the amount paid, which will take place before a legal period of fourteen days.
3. if the notification of cancellation happens after the 3rd meeting, no refund can take place.

In case of a follow-up that has started and that the customer wishes to stop before the end and if the payment takes place in 2 instalments:
– no refund can take place.

If the service has been performed on the date of cancellation , no refund can be made, the service having been consumed.

In case of cancellation of the service by Linda Chea the price of the session booked shall be refunded in full to the buyer.

 

Force majeure

Force majeure is defined in Article 1218 of the French Civil Code as any event beyond the control of the debtor, which could not reasonably be foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, and which prevents the debtor from performing his obligation.

Any circumstances beyond the control of Linda Chea or the client preventing the service under normal conditions of their obligations are considered as causes for exemption from their obligations and lead to their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence as well as of their disappearance.

Are considered as cases of force majeure irresistible facts or circumstances, external and beyond the control of the parties, unforeseeable, inevitable and which cannot be prevented by the latter despite all reasonably possible efforts.

The following are considered to be cases of force majeure or fortuitous events in addition to those usually retained by the case law of French courts and tribunals: fires, floods, storms, lightning, earthquakes, and the shutdown of telecommunications networks or problems specific to external telecommunications to customers or to Linda Chea.

The parties will come together to agree on the conditions under which the performance of the contract will be continued.
If the case of force majeure has duration of more than three months, the continuation of the program “follow-up of 6 appointments” if it has been started may be terminated by the injured party.

 

Errors, inaccuracies and omissions

There may be times when information on our site may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information on the service or any associated website is inaccurate, at any time without notice.

We are under no obligation to update, modify or clarify any information on the service or any associated website, including but not limited to pricing information, except as required by law. No defined update or refresh date in the service or any associated website should be taken as a basis for concluding that the information in the service or any associated website has been changed or updated.

 

Prohibited uses

In addition to the prohibitions set forth in the General Terms and Conditions of Sale and Use, you are prohibited from using the website or its contents: (a) for illegal purposes; (b) to induce others to perform or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) submit false or misleading information (f) to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the service or any associated, unrelated website or the Internet; (g) to collect or track the personal information of others (h) to spam, phish, hijack, extort information, browse, explore or scan the web (or any other resource); (i) to interfere with or circumvent security measures of our service, any other website, or the Internet. We reserve the right to terminate your use of the service or any related website for violating the prohibited uses.

 

Disclaimer of warranties and limitation of liability

Linda Chea is neither a doctor, nor a nutritionist, nor a dietitian. She does not establish diagnosis. Only your doctor is authorized to modify or withdraw your medical treatment.

Under no circumstances should the recommendations and information given and contained on the site or on Instagram or during the services replace the checks, follow-ups and advice of a doctor. Nutritional advice is preventive in nature, Linda Chea cannot be held liable for changes or developments in standards and practices that may take place over time.

The results being dependent on each person but also on the implementation of the advice, Linda Chea does not guarantee a result.

In addition, Linda Chea cannot be held responsible for damage or misuse of the advice given. Everyone is responsible for their well-being, knowing their allergies, drug contraindications and all the consequences on themselves.

Finally, Linda Chea cannot be held liable for any inconvenience or damage inherent in the use of the Internet, such as a break in service, external intrusion or the presence of computer viruses.

 

Mediation

The private client may resort to conventional mediation. In the event of a dispute, you can file your complaint on the CNPM website or by post by writing to CNPM Médiation Consumption, 27, Avenue de la Liberation, 42400 Saint Chamond, France.

 

Applicable law and competent jurisdiction

These General Terms and Conditions of Sale and Use, as well as any separate agreement through which we provide you services, shall be governed by and construed in accordance with the laws in force at 12, Rue Marceau, 94700 Maisons Alfort, France.

 

Newsletter

The user may, if he/she wishes, subscribe to the Newsletter. By accepting the subscription to the Newsletter published on the website, the user authorizes the provider to send him/her e-mails to the address he/she will have given when visiting the website. Unsubscribing to the newsletter is possible at any time by sending an e-mail to laoban@donttellmysisters.com or by unsubscribing at the bottom of the Newsletter.

 

Protection of personal date

The visitor agrees that personal data concerning him/her may be processed in connection with the use of the website and/or booking that may be made through the website.

The use of personal data shall be carried out under the responsibility of Linda Chea in strict compliance with the legal and regulatory requirements for the security and confidentiality of such data.

In accordance with Regulation (EU) 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD) and with the amended “Data Protection Act” of January 6, 1978, the Customer has, in particular, a right of access, rectification, deletion, opposition, and limitation of the processing of his or her personal data.

The Participant also has the right to lodge a complaint with the National Commission for Information Technology and Civil Liberties.

For any question relating to data protection or to exercise these rights, the Client may send an email directly to laoban@donttellmysisters.com.

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