General Conditions of Use and Sale of Equilibre Fitness subscriptions and equipment
Article 1 - General
The Equilibre Fitness website, whose address is http://www.equilibre-fitness.fr (here in after referred to as "the Site"), is a publication created, developed and operated by SAS BY EQUILIBRE (here in after referred to as “Equilibre Fitness”), registered with the Toulouse (France) RCS under number 850 316 282 and whose registered office is at 119 Bis Chemin de Gaillardie 31100 Toulouse. The Equilibre Fitness Site offers its visitors a sports equipment store and its members access to advertising-free sports videos by paid subscription (here in after referred to as "the subscription").
These general conditions of use and sale exclusively govern the Service provided by SAS BY EQUILIBRE. These conditions apply to the exclusion of all others, in particular those in force for other services - free and paid - offered on the Site.
The purpose of these general conditions of use and sale is to define the contractual and commercial relations between SAS BY EQUILIBRE, on the one hand, and any subscriber to the service (here in after referred to as "the Subscriber"), on the other go.
Subscription and access to the Service are strictly subject to the prior acceptance without restriction or reservation of these general conditions of use and sale. These general conditions are without prejudice to the legal provisions applicable in this area and in particular those provided for in the Consumer Code.
Article 2 - Description of the Service
The Service is offered and operated by SAS BY EQUILIBRE allowing, by subscribing to these conditions, from his computer, his smartphone, his personal tablet to watch sports videos in high audio quality in an unlimited way, and without publicity. From the Site, and once subscribed, the Subscriber has access to all the functionalities of the Service.
The main features of the Service are as follows:
- unlimited access, for viewing, to titles in the Service's video catalog;
- no advertising
The Service is accessible to the Subscriber until the termination of his subscription depending on its duration (month, year, etc.). Once the subscription expires or terminates, unlimited access to videos is no longer allowed. The videos can be watched for the duration of the subscription, but cannot be downloaded, transferred or burned on any medium whatsoever.
Article 3 - Conditions of use of the Service
Access to the Service from a personal computer is only possible via the website. Use of the Service requires a broadband internet connection. It is specified that these connections are not supported by SAS BY EQUILIBRE, it is therefore the Subscriber's responsibility to subscribe to a Broadband Internet offer in order to be able to use the Service. The catalog of recordings are available within the framework of the Service and is dependent on the contracts in effect with the beneficiaries and is therefore likely to vary. SAS BY EQUILIBRE cannot under any circumstances guarantee the presence in the catalog available from the Service of any given video or of any given performer or group of performers. SAS BY EQUILIBRE cannot guarantee that any given video presented in the available catalog of the Service will be accessible indefinitely. SAS BY EQUILIBRE will in no way be responsible for the deletion or deactivation of elements of the contents of the proposed catalog. As a Subscriber, you can activate the Service on a personal computer (PC or Mac) registered with the Service. The Service is only accessible from one connection at a time. It is specified that SAS BY EQUILIBRE implements technical means to verify the absence of multiple simultaneous connections to the same account of the Service and to detect multiple connection attempts.
Article 4 - Availability and modification of the Service
The Service is accessible twenty-four hours a day, seven days a week, within the limits of the aforementioned conditions of use and the stipulations of article 11 below. However, SAS BY EQUILIBRE reserves the right to make all the modifications and improvements of its choice linked to technical development to the Service. Our team processes your emails from Monday to Friday until 4 p.m., therefore any termination request arriving after 4 p.m. can only be processed the next day.
SAS BY EQUILIBRE undertakes to ensure that no price increases, quality deterioration or substantial modification of the functionality of the Service result. In addition, SAS BY EQUILIBRE reserves the right, without notice or compensation, to temporarily suspend access to the Service for which would be made necessary to ensure maintenance operations related to technological development, or necessary for the continuity of the Service.
The Subscriber releases SAS BY EQUILIBRE from any liability in this regard and waives any claim and / or procedure against him for this fact. Temporary service interruptions will, as far as possible, be notified via the Site at least 24 (twenty-four) hours before they occur, except when such interruptions are of an emergency nature. SAS BY EQUILIBRE also reserves the right, without compensation, to terminate the Service definitively. Any definitive closure of the Service will be notified via the Site at least 1 (one) month before it occurs, the Subscriber will no longer be liable for any payment from the date of termination of the Service.
Article 5 - Absence of right of withdrawal - duration - renewal - termination
5.1 Lack of right of withdrawal
According to the Article L. 121-20-2 1 ° of the Consumer Code (France), the Subscriber expressly acknowledges and accepts (i) that the provision of the Service begins upon validation of his registration for the Service, i.e. before the end of the period of seven clear days provided for by the Consumer Code and (ii) recognizes and accepts accordingly not to benefit from the right of withdrawal linked to online or distance selling. Consequently, no request for retraction, cancellation or refund will be admissible for the subscribed period.
5.2 Duration
SAS BY EQUILIBRE offers the Subscriber's choice of a subscription for a month (or any other period depending on the offers offered on the Site). It is also possible that offers of trial or discovery of the Service with varying duration are offered on the Site, temporarily or not. Unless otherwise indicated, these trial or discovery offers will be subject to these general conditions of use and sale and will be limited to a single registration (same IP (Internet Protocol) address and / or same e-mail address) whatever either the trial or discovery offer.
5.3 To terminate the subscription, the subscriber must make a request by email to the address contact@equilibre-fitness.fr specifying the term "cancellation" in the subject line of the email. No cancellation will be taken in consideration by social networks or by the website chat. The cancellation will be taken into account at the end of the subscription period following the current one provided that the notification has been sent at least 1 month before its term, and until the end date and time such as '' indicated on the Subscriber's account for a trial or discovery offer, unless otherwise indicated on the Site. In the event of non-compliance with these notification deadlines, the subscription is fully renewed. Cancellation does not entail any refund of the price of the subscription to the Service. All the sums paid for the subscription will remain definitively acquired by SAS BY EQUILIBRE.
5.4 Renewal
Unless the Subscriber terminates under the conditions of Article 5.3, the subscription to the Service is tacitly renewed for the identical period to the subribers initial subscription.In the event of a tacit renewal. The rate indicated on the site will be fully applied to the subscriber. Unless otherwise indicated on the Site and unless terminated by the Subscriber under the conditions of Article 5.3, any trial or discovery offer of the Service is transformed into a monthly subscription at the rate indicated in the offer or, at rate applicable to monthly Service subscriptions.
Article 6 - Conditions of access to the Service
The Subscriber accepts the present general conditions of use and sale : which are the legal age and not to be the subject of a measure of legal protection of adults (placing under safeguard of justice, under guardianship) or, if the Subscriber is a minor, hold parental authorization allowing the minor to subscribe. The Subscriber declares to use his personnal credit card when subscribing.
Article 7 - Subscription to the Service - Creation of an account
To subscribe to the Service, everyone must:
- create an account on the Site or, if the user is already registered, identify himself on the Site;
- fill in the different fields of the subscription form on the Site;
- confirm their acceptance of these general conditions of sale and use of the Service;
- pay the price of their subscription using one of the payment methods offered;
- confirm their registration by validating their subscription to the Service
Once their registration has been validated, SAS BY EQUILIBRE sends the Subscriber (at the address provided when registering on the Site) a confirmation email. Subject to the other stipulations of these general conditions of sale and use of the Service, subscription to the Service comes into force only when SAS BY EQUILIBRE sends the confirmation email referred to in the above paragraph. SAS BY EQUILIBRE recommends that the Subscriber keeps this email and / or print it. The Subscriber can change the password from his account on the Site by clicking on the “Modify my personal data” section. The Subscriber undertakes to provide true and sincere information concerning him. The Subscriber undertakes to inform SAS BY EQUILIBRE without delay of any modification of the information provided when subscribing to his subscription and in particular any change of e-mail address or means of payment. The Subscriber can modify this information from his account on the Site by clicking on the “Modify my personal data” section. The Subscriber must immediately inform SAS BY EQUILIBRE of any loss or unauthorized use of his account, his username and password. Passwords and identifiers are personal and the Subscriber undertakes not to disclose them. As such, the Subscriber is solely responsible for their use. The Subscriber is solely responsible for the consequences of the use of his account, and this until its deactivation and, consequently, the Subscriber releases SAS BY EQUILIBRE and its partners, co-contractors or beneficiaries of any liability. in this regard, unless the Subscriber can demonstrate that the use of his identifiers and / or his account results from fraud attributable to a third party.
Article 8 - Price
The price of the subscription to the Service is indicated on the Site in euros and all taxes included. SAS BY EQUILIBRE reserves the right to change the price of each of the subscription formulas. SAS BY EQUILIBRE will inform each Subscriber by e-mail to the address provided by the Subscriber concerned when registering for the Service (or subsequently modified on his account) of any price increase at least 15 (fifteen) days before it is taken. effect.
In such a case, the Subscriber who does not accept this price increase may terminate his subscription from his account on the Site as indicated in article 5.3 above, this cancellation taking effect on the next monthly subscription expiry date. . In the absence of a cancellation by the Subscriber, the new pricing will therefore apply from the next subscription deadline following the entry of the new pricing. Any increase in VAT (Value Added Tax) will have an automatic and immediate repercussion on the price of the Service. This will also apply in the event of the creation of any new tax which would be based on the price of the Service and for which SAS BY EQUILIBRE would become liable. The cancellation conditions provided for in the event of a change in the price of the subscription packages referred to above will apply under the same conditions in the event of a change in the price resulting from an increase or the creation of new taxes. It is recalled that the connection and communication costs (Internet) related to the use of the Service More generally, SAS BY EQUILIBRE disclaims all liability if a breach of any obligation due to a case of an emergency or fortuitous, including, but not limited to, disasters, fires, internal or external strikes, internal or external failure or breakdown, and in general any compelling and unforeseeable events that does not allow the proper execution of orders. SAS BY EQUILIBRE cannot be held responsible in the event that the service offered is incompatible with certain equipments and / or functionalities of the Subscriber's computer hardware.
Finally, the Subscriber is solely responsible for the use he makes of the Service and cannot hold SAS BY EQUILIBRE liable for any complaints and / or procedures against him for this these facts.
The Subscriber also undertakes to take his personal responsibility for any complaint, claim, or opposition and more generally for any procedure brought against SAS BY EQUILIBRE from a third party which is linked to his use of the Service.
In the event of a commercial operation which offers free sports equipment for any subscription to a subscription under any circumstances, the shipping costs will free.
Article 12 - Personal data
SAS BY EQUILIBRE undertakes to comply with the legislation in force relating to the protection of privacy with regard to the automated processing of personal data. The Site has been the subject of a prior declaration to the National Commission for Information Technology and Freedoms (CNIL) registered under number 1227247 (France). The information and data collected data concerning the Subscriber are subject to computer processing and are mandatory because it is necessary for the management of their subscription. For this purpose, they may be sent to the companies responsible for the management, execution and processing of payment transactions. This information and data is also kept for security purposes, in order to comply with the legal and regulatory obligations to which SAS BY EQUILIBRE is subject. These data are processed and stored at the Site host identified in the legal notices on the Site under conditions aimed at ensuring their security. If the Subscriber has consented, the data collected may also be used as part of the management of our commercial relations in order to establish statistics and also allow SAS BY EQUILIBRE to improve and personalize the services it offers him. and the information she sends him. In accordance with the "IT and Freedoms" law n ° 78-17 of January 6, 1978, the Subscriber has the right to access and rectify information concerning him. If he wishes to exercise this right and obtain communication of information concerning him, the Subscriber is invited to contact SAS BY EQUILIBRE via the Site by clicking on the “contact” section or write to him. If you have consented to it (for example when creating your account in order to register for the Service), you will likely receive the SAS BY EQUILIBRE newsletter at your address. e-mail as entered and, if necessary, modified by you. If you no longer wish to receive this newsletter, you can unsubscribe at any time by clicking on the link provided for this purpose at the bottom of each newsletter or by modifying the data concerning you from your account on the Site by clicking on the "Modify my personal data" section (to access this section, click here). If the Subscriber has consented to this (for example when creating his account in order to register for the Service), the Subscriber may receive offers from SAS BY EQUILIBRE partners at his e-mail address. electronic as entered and, if necessary, modified by him and his contact details may be transferred to commercial partners. The Subscriber is informed that the data concerning him may be disclosed in application of a law, a regulation or by virtue of a decision of a competent regulatory or judicial authority or, if this proves necessary for SAS BY EQUILIBRE, in the context of legal proceedings.
Article 13 - "Cookies"
If SAS BY EQUILIBRE wishes to place a cookie on your computer. A cookie does not allow you to be identified personally. On the other hand, it records information relating to the navigation of your computer on the Site (the pages you have consulted, the date and time of the consultation, etc.) that SAS BY EQUILIBRE can read during your subsequent visits. This will allow SAS BY EQUILIBRE to facilitate your navigation on the site and will avoid having to provide, on each new visit, information already communicated at an earlier date. It is specified that the retention period of "cookies" implanted by SAS BY EQUILIBRE is less than 6 (six) months. SAS BY EQUILIBRE informs you that the configuration of your browser software makes it possible to inform you of the presence of "cookies" and you can oppose the registration of "cookies". This procedure is specified in the “Personal Data” section of the Site.
Article 14 - Intellectual property
The general structure of the Site, the Service and all the elements composing them (such as logos,
domain names, phonographic or videographic recordings and their associated elements, including the
photographs, images, texts and biographies of the authors, performers and / or any other entitled to the
phonographic or videographic recordings as well as the visuals of the packaging of these recordings)
are the exclusive property of SAS BY EQUILIBRE and / or its licensors (in particular phonographic
and / or videographic producers ("record companies », Collective management company of copyright
(such as SACEM), etc.). These elements are protected by laws relating to intellectual property and
others, and in particular copyright. You may not use these elements, only within the framework of the
use of the Service, in accord with the provisions of these general conditions of use and sale. Total or
partial use of the Site, the Service and / or the elements composing them (as described above) by any
means whatsoever, without the express authorization of SAS BY EQUILIBRE is therefore prohibited
and would constitute an infringement punishable by Articles L. 335-2 and following of the French
Intellectual Property Code. Any hypertext link referring to the Site and using the technique of
"framing" (programming technique offering the possibility of dividing the window of a web browser
into several autonomous frames in order to display the content of an external site) or "In-line linking"
(process for showing in a web page a single element taken from another site, which saves storage
space on the hard drive of the machine where the site is hosted and which has for effect of concealing
from an uninformed user the original environment to which this element belongs) is strictly prohibited.
The phonographic recordings of the Service are digital files protected by national and international
provisions on copyright and rights related to copyright. As such and in accordance with the provisions
of the Intellectual Property Code, only their viewing in an exclusively private setting is authorized.
Any use for purposes other than private exposes the Subscriber to civil and / or criminal legal
proceedings. Any other use of these digital files is strictly prohibited and in particular any
downloading or attempting to download, any transfer or attempt to transfer permanently or temporarily
to the hard drive of a computer or any other device (in particular digital music players and others.
portable digital audio players), any burning or attempted burning on CD or any other medium is
expressly prohibited. Any resale, exchange or rental of these digital files is strictly prohibited. The
Subscriber declares that he acknowledges that the video recordings made available to him for viewing
in the form of digital files as part of the Service are protected by technical protection measures put in
place by SAS BY EQUILIBRE in order to prevent or limit, within the limits of the technical
constraints existing in the matter and the technologies available, the uses of these recordings not
provided for by these general conditions of use and sale. The Subscriber undertakes not to employ any
technical measure likely to allow the circumvention of technical protection measures with a view to
downloading these digital files and allowing them to be kept in the storage unit of his reception
terminal. whatever it is (PC, mobile phone, digital music player and other portable digital audio
players, etc.). The Subscriber declares to take note that knowingly infringing a technical protection
measure exposes him, by application of the provisions of Article L. 335-4-1 of the Intellectual
Property Code to the payment of a fine. of 3,750 euros and that the fact of knowingly procuring or
offering to others, directly or indirectly, means designed or specially adapted to infringe a technical
protection measure being for its part punishable by a six-month prison sentence and of 30,000 euros
fine.
Article 15 - Suspension and / or early termination at the initiative of SAS BY EQUILIBRE or the
Subscriber
Without prejudice to any damages that SAS BY EQUILIBRE may request, SAS BY EQUILIBRE
reserves the right to suspend a Subscriber's access to the Service and / or to automatically cancel,
without notice or compensation, his subscription to the Service in case of:
- non-compliance from the Subscriber with these general conditions of use and sale, and in particular:
- non-compliance with the intellectual property rights of SAS BY EQUILIBRE and / or its
licensors,
- attempt to the technical protection measures put in place by SAS BY EQUILIBRE,
- multiple simultaneous connections to the same account of the Service or attempt of multiple
simultaneous connections,
- providing false information when registering for the Service;
- total or partial non-payment by the Subscriber of the price of his subscription to the Service;
- actions contrary to the commercial interests of SAS BY EQUILIBRE
For his part, the Subscriber may terminate, without notice or compensation for the benefit of SAS BY
EQUILIBRE, his package or his subscription in the event of SAS BY EQUILIBRE's failure to comply
with its main obligations defined in these general conditions or in the event of legitimate reasons. such
as in particular (such as in particular technical incompatibility of the Service with the Subscriber's
equipment)
Article 16 - Amendments to these general conditions of use and sale
SAS BY EQUILIBRE reserves the right to modify these general conditions of use and sale at its
discretion. SAS BY EQUILIBRE will inform each Subscriber by e-mail to the address given on the
Subscriber's account of any modification to these general conditions of use and sale at least 15
(fifteen) days before they take effect. In the event that the Subscriber does not accept these
modifications, he will be free to terminate his subscription from his account on the Site as indicated in
Article 5 above, this cancellation taking effect on the next due date. monthly subscription. In the
absence of cancellation the new general conditions of use and sale will therefore be applicable from
the next subscription deadline following the entry into force of the new general conditions of use and
sale.
Article 17 - Customer service
For any information or question concerning the Service, you can contact SAS BY EQUILIBRE via the
website by clicking on the "Contact" section, by email at the address " contact@equilibre-fitness.fr "
or send us a letter at following address: SAS BY EQUILIBRE Customer Service 119 Bis Chemin de
Gaillardie 31100 Toulouse
Article 18 - Nullity of a clause
In the event that one of the provisions of these general conditions of use and sale is declared invalid or
unenforceable for any reason whatsoever, the other provisions will remain applicable without change.
Article 19 - Applicable law and dispute
These general conditions of use and sale are subject to French law. In the event of a dispute, the parties
will seek an amicable solution before any legal action. In the event of failure of these attempts, all
disputes to the validity, interpretation and / or execution of these general conditions of use and sale
must be brought even in the event of multiple defendants or a guarantee call. , in front of the Toulouse
(France) courts.