- Mr Alexandre Acariès, Self-employed EI - SIRET 51082889000051. 200 chemin de Moneiret 83200 Toulon - France; - and its Internet customers ("the customer").
Before any transaction, the customer acknowledges having read and expressly declares to accept the terms and conditions when he clicks on the "I accept" button or any other equivalent word.
1/ Acceptation
The customer acknowledges to have acknowledged, when placing the order, the sales conditions indicated on the screen (name, price, components, weight, quantity, costs, etc.) and expressly declares to accept them without reserve. The placing of the order and its confirmation by the customer constitute full acceptance of the special conditions of sale, which are the only ones applicable to the order.
2/ Order
The customer places an order using the "add to cart" button. The order results in a summary of all the elements that the customer agrees to by clicking on the button "I have read and accept the general conditions of sale" on the menu bar.
3/ Order Confirmation
Mr Acariès confirms that the customer has accepted the order via email. The purchase is concluded after Mr Acariès has confirmed the order.
Mr Acariès reserves the right not to confirm an order for any reason whatsoever, especially for the supply of products, in case of a problem regarding the received order (e.g.: unreadable document), an invalid order or a foreseeable difficulty regarding the delivery to be made. Mr Acariès will then inform the customer by all means.
Any further order will be possible only after the customer has paid the sums due for his previous orders. The same will apply to the transfer of ownership of the goods which will be complete only upon receipt of the sums due by the customer to Mr Acariès.
4/ Deliveries
Deliveries are carried out on the French territory and everywhere in the world.
5/ Provision of orders
Location and date of availability of the goods are selected by the customer upon his order. Mr Acariès reserves the right to use any logistic provider of his choice to deliver the products to the address indicated by the customer.
6/ Online training: Requirements
With regard to the streaming or downloading of online training courses, it is up to the customer to make sure that he has a high quality internet connection (bandwidth), as well as up-to-date video players and plugins, and enough storage space on his hard drive to download and store the videos included in the training modules.
7/ Delivery times
Deliveries are carried out within approximately 8 working days. In case an item is not in stock upon placing an order, we will immediately inform you and confirm the next availability date, or offer you an equivalent replacement product. Delivery is at the recipient's risk.
8/ Shipping costs
Shipping costs are listed in the order summary; they may vary depending on the country of destination.
By placing an order, the customer agrees to sign the delivery slip presented by the delivery man, on which he may make any remark he deems necessary. By signing the delivery note, the customer acknowledges to have received the number of parcels indicated on the latter. If the customer notices damaged or missing products, they must file a claim to the Customer Relations Department within a maximum delay of three days.
All the events, such as force majeure, damage, strike, administrative decision or transport stoppage, which would tend to delay, to prevent and to make the execution of the supply exorbitant, constitute, of convention express, a suspension or extinction clause of the obligations of Mr Acariès, without compensation to the profit of the customer if the event is prolonged beyond 30 days. In this case, the customer will be fully and automatically disengaged from his obligations regarding his order.
Mr Acariès will inform the customer by any appropriate means and on the same day of the existence of such an event, in order to allow him to freely withdraw from his order(s) by simply answering by email following the information that will have been given to him.
9/ Shipping
Shipments occur within 48 hours during the regular office hours. Please select the shipping address, so that someone can receive the package.
10/ Prices
All prices are indicated in Euros and include the French VAT. The price charged to the customer is the price indicated on the order receipt sent by Mr Acariès. The payment of products and services can be made by credit card, Paypal, Stripe, bank transfer or by check, in a secured environment. Mr Acariès retains ownership of the product(s) until full payment of the price of the product(s) and services by the customer.
11/ Payment methods in installments (subscriptions)
Regarding online training, a surcharge may be applied to the sales price if the customer opts for payment in installments.
The content of the training will be released gradually, each month, during the payment period.
The customer agrees to honor all payments to the end. A subscription implies a commitment on the part of the customer and will be refunded in full. The customer must ensure that they are able to pay back the subscription before placing an order. Therefore, no subscription can be stopped for any reason. Payments made during subscriptions are not refundable.
In the event of non-payment, access to the training in question will be suspended until the customer reactivates his subscription.
To avoid any disagreement, it is up to the customer to check that the expiration of his credit card or other means of payment will not occur during the payment process. If the customer's credit card expires during a subscription, the customer agrees to inform us as soon as possible and to immediately replace the means of payment in order to fulfill his commitment until the end.
12/ Product information sheets
The photographs that illustrate the products are provided for information purposes only. The texts attached to these photographs are intended to reproduce the information on the packaging or instructions for use. The differences between the photographs and the products can only be minor and do not involve the essential characteristics of the products. The products shown on the online store may differ in color from the actual product.
13/ Paiement conditions
The product(s) ordered by the customer will be delivered in exchange for payment by credit card, Paypal, Stripe, bank transfer or by check.
14/ Personal data
All personal data collected upon logging on to our website will only be used to process your order. We will not sell, rent or disclose your personal data to anyone (including to third parties).
The personal data collected on the site have been declared to the Commission Nationale Informatique et Liberté (CNIL) under the number 1964270v0
15/ Required information
By ordering online, you agree that Mr Acariès can use the personal data that you have provided or that are collected through the site. These data (name, e-mail address, postal address, credit card number with its expiry date, etc) are necessary for us to process your orders.
We have carried out the declaration of our file including nominative data to the Commission Nationale Informatique et Libertés, in accordance with the provisions of the Loi Informatique et Libertés of 6 January 1978. Under this law, you have the right to access, rectify or oppose the personal data collected about yourself. These rights can be exercised by sending an e-mail.
By communicating with us your electronic address and your mobile number, Mr Acariès reserves the possibility of sending you by e-mail or on your mobile number any information concerning our products, our current promotions or our last new products for instance. If you do not want to receive such messages, please indicate it to us by clicking on the unsubscription message intended for this purpose.
16/ Personal data security
Orders containing your account information are sent via the Kooneo.com website. All your transactions will be processed in a safe and secure environment.
17/ Guarantees
The customer is entitled to the legal guarantee against hidden defects on the products sold. All our products are designed and manufactured with the utmost care. However, there are no warranty obligations if a defect or damage is caused by improper handling, lack of maintenance or care contrary to our usage instructions. The customer must consult the appropriate instructions and recommendations in the user manual supplied with the product.
It is reminded that the consumer under the legal guarantee of conformity:
- benefits from a two-year period from the delivery of the physical good to act;
- can choose between repair or replacement of the physical good, subject to the conditions of cost provided for in Article L. 2119 of the Consumer Code;
- is exempted from proving the existence of the lack of conformity of the physical good for six months after the delivery of the good.
It is reminded that the consumer can decide to enforce the guarantee against hidden defects of the item sold under Article 1641 of the Civil Code and that in such case he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
According to Article L211-4 of the French Consumer Code, the seller is required to deliver goods that correspond to the contract and is accountable for any defects of conformity existing upon delivery.
He shall also be accountable for any lack of conformity in the packaging, the assembly instructions or the installation, if the latter is charged to him under the contract or if it was executed under his responsibility.
Article L211-5 of the Consumer Code To be in conformity with the contract, the good must:
1) Be adapted to the use usually expected of a similar good and, in such a case:
- Correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model; Have the qualities that a buyer can legitimately expect with regard to the public statements made by the seller, by the producer or by his representative, particularly in advertising or labeling;
2) Or possess the characteristics defined by mutual agreement between the parties or be appropriate for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted.
Article L211-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods.
Article L211-16 of the Consumer Code
When the buyer asks the seller during the period of the commercial guarantee granted to him at the time of the acquisition or repair of a moveable good, for a repair covered by the guarantee, any period of immobilization of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if it is made available after the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects of the item sold which make it unsuitable for the use for which it was intended, or which reduce this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known about them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer within 2 years from the discovery of the defect.
18/ Right to return the goods and withdrawal period
You have the right to withdraw (only for physical and not digital goods) from this contract without providing any reason, within fourteen days, for the reasons stated by the law and in any case, if the execution of any services such as the viewing of a video has not started.
The withdrawal period expires fourteen days after the day on which you or a third party other than the carrier and designated by you takes physical possession of the item.
To exercise your rights, you must notify us of your decision to withdraw from the present contract by means of an unambiguous statement to the following address Mr Alexandre Acariès, 200 chemin de Moneiret, 83200 Toulon - France
Consequences of the withdrawal
In case of withdrawal from this Agreement, we will refund all payments received from you, including delivery charges, without undue delay and in no event later than fourteen days from the day we are notified of your decision to withdraw from this Agreement. We will refund you using the same payment method you used for the original transaction, unless you expressly agree to use a different method; in any case, this refund will not entail any costs for you.
We may defer the refund until we have received the goods or until you have provided proof of shipment of the goods. The date taken into account will be the first one.
You will have to return the goods to
Mr Alexandre Acariès, without excessive delay and, in any event, no later than fourteen days after you have notified us of your decision to withdraw from this contract. This deadline is deemed to be respected if you return the goods before the expiry of the fourteen day deadline. You will have to pay the direct expenses to return the good.
Your responsibility is engaged only regarding the depreciation of the good resulting from handling other than those necessary to determine the nature, characteristics and proper functioning of this good.
Exceptions
In compliance with the provisions of article L121-21-8 of the Consumer Code, the right of withdrawal cannot be exercised for the following:
- Services carried out fully before the end of the withdrawal period of fourteen calendar days with your prior express agreement, and renunciation of your right of withdrawal;
- Goods made to your own specifications or clearly personalized;
- Goods which, after being delivered and due to their nature, are mixed together with other items and cannot be separated;
- The regulation excludes the legal withdrawal period during the supply of audio or video recordings, or computer software when they have been unsealed by the consumer. The legal withdrawal period is therefore invalid from the moment the ordered product is downloaded and / or accessible. Source: Article L121-20-2 of the Consumer Code. On this website, this applies to all online training.
- The supply of newspapers, journals or magazines;
- Downloads whose completion has begun after prior express consent of the consumer and express renunciation of his right of withdrawal;
- The sale of travel
19/ Intellectual property
By logging on to the website, which is the owner of all intellectual property rights related to it, the customer is not allowed to copy or download all or part of its content, except with prior and express authorization.
20/ Registered trademarks
21/ Refunds
No online training can be refunded or exchanged. No online training has a refund guarantee such as "retraction", "satisfied or refunded" or "depending on the result". In case of an erroneous order for which the customer is directly responsible, no refund will be given for any reason whatsoever. Furthermore, in the case of a subscription, monthly payments cannot be stopped for any reason whatsoever.
22/ Format of the recorded videos
All the videos included in the online self defense training are videos extracted from real classes filmed in the classroom, with the camera in hand, directly with our students.
Video extracts of training are available on each sales page. It is therefore up to the buyer to decide, before placing an order, if the quality and format of the video suits him or not.
Therefore, the seller declines any responsibility if the filming method does not suit the buyer after his order. Consequently, no refund can be made on this basis.
23/ Trial period for the online training "Mega Pack »
Once a customer enters the trial period, they will be charged 1€ (non-refundable). The trial period will expire 7 days after the date of order (date and time as proof). Once this date and time has expired, the customer will be charged the amount shown on his order form and he will not be entitled to any refund or credit, under any circumstances whatsoever. Only streaming videos are accessible during the trial period. All bonuses and download links will only be accessible after the trial period.
If the customer decides to stop the trial period and not to be debited with the amount indicated on the order form, they must follow the procedure below:
- Send us an email, before the deadline of the trial period (date and time as proof), mentioning explicitly that he does not want to access the mega pack of online training and that he does not want to be debited anymore. In order to avoid getting into spam, this email must be sent only from the private messaging system included in the member area (by clicking on "Messaging" and then on "Contact us").
No compensation, refund or credit note will be granted if the customer does not send his unsubscription email in time, under any circumstances (omission, absence, internet failure, etc.) and the customer will have to fulfill all the payments for which he has committed himself (subscriptions, etc.)
24/ Amazon Associates Program
alexandre-acaries.co.uk is a member of the Amazon EU Associates Program, an affiliate program designed to allow sites to get paid for linking to Amazon.co.uk. (or any other Amazon site - co.uk, ca, it, de, es...). Amazon and the Amazon logo are trademarks of Amazon.com, Inc. or its affiliates.
25/ Discharge of responsibilities
It is the customer’s sole responsibility to check with a doctor before practicing the exercises and techniques presented in the videos, in order to make sure that there are no contraindications to the practice of self defense and martial arts. The author declines all responsibility in case of accident or injury (on himself or on a third person) related to the practice of the exercises and techniques shown in all the training videos. The customer also declares that they will not take any recourse against the author in case of accident or injury caused to themselves or to a third party.
26/ Refunds and Order Updates to the Mega Pack
Case n°1: the previous order was paid for in one go:
In case of an updated order, if the customer pays for the Mega Pack in one go, the refund will be made within 30 days via PayPal or bank transfer only.
In the case where the customer opts for the Mega Pack as a subscription, the refund of the previous order can be made only upon the end of it. No refund can be made in case of abandonment of subscription or default of payment.
Case n°2 : The previous order was paid in installments (subscription):
In case of an updated order, if the customer pays the Mega Pack in one go, the previous subscription will be stopped and the refund will be made within 30 days via Paypal or Bank Transfer only.
In the case where the customer opts for the Mega Pack with an installment payment, the subscription of the previous order cannot be stopped and must be honored until the end of it.
Once the previous subscription is finished, the refund of this one will be possible only once the last payment of the Mega Pack is finalized. No refunds will be made in the event of abandoned subscriptions or non-payment.
27/ Contact us
Please contact us at this email address if you have any questions: Mr Alexandre Acariès
contact@karatederue.fr