Terms of Sales
The services of Mr. Jeffrey Yangi "hereafter sports coach", are intended for adults. For minor customers aged 16 and over, parental authorization is required.
The practice of a sports coaching program (in the studio or at home) requires, like the practice of any physical activity, to check beforehand with a doctor to have the required physical aptitude.
The sports coach's customers are invited to carefully read these general conditions of sale and supply of services by the sports coach, before placing an order.
In the absence of acceptance of these general conditions, the customer must not place an order.
"Client" means a consumer and adult natural person to whom the sports coach provides coaching and support services in the context of sports, physical and well-being activities.
"Internet Client" means a client who has entered into a contract with the sports coach, on the site.
"Contract" means the contract between the client and the sports coach which is governed by the collaboration proposal (in written form or on the site), the general conditions of sale to individuals of the sports coach (as updated or modified) and the information and disclaimer sheet attached to the collaboration proposal. The stipulations of these general conditions will prevail in the event of contradiction with any other contractual document of the sports coach or the client.
"Site" refers to the website operated by the sports coach whose address is "www.jycoaching.ch" or at any other address that could be substituted for it.
ARTICLE 1- PURPOSE OF THE CONTRACT
The Contract details the respective rights and obligations of the sports coach and his clients in the context of the sale and performance, by the sports coach, of supervision and support services in the context of sports, physical and of well-being.
1. General conditions of sale to individuals
These general conditions of sale detail the rights and obligations of the sports coach, and of his clients within the framework of the services provided by the sports coach.
These general conditions of sale apply to all contracts concluded with customers (including on the site). These general conditions of sale are intended only for individuals. All services performed by the sports coach imply the customer's unreserved acceptance of these general conditions of sale. The customer acknowledges having read these general conditions of sale and expressly declares to accept them in full and without reservation when he signs the collaboration proposal.
Any condition contrary to the general conditions of sale will be, in the absence of express acceptance, unenforceable against the sports coach regardless of when it may have been brought to his attention.
The sports coach regularly updates the general conditions of sale in order to make them correspond as well as possible to the expectations of the customers as well as to the legislation in force.
Each version of these presents has a precise date. Therefore, the applicable conditions are those online at the time of placing the order.
The date of posting of these general conditions is the date of entry into force.
The general conditions of sale that will apply to the customer's contract will be those accessible on the site.
These will be considered as having been approved by the customer, unless otherwise communicated by the customer within two (2) weeks.
The customer has the option of reproducing the general conditions of sale accessible on the site.
These general conditions of sale govern the sale of the formulas found on the site "www.jycoaching.ch" on the day the order is placed until delivery. They apply whether the order was placed by internet, by e-mail, by telephone, by fax or by post.
2. Territoriality
Internet customers who order via the “www.jycoaching.ch” site in French are deemed to be buying in Switzerland and therefore subject to Swiss law.
It is expressly indicated that in the event of a dispute, the search for an amicable solution will be favored by the parties.
3. Capacity to contract
The purchase of a service not being an act of daily life management, the Internet customer declares to be of legal age and to have the legal capacity to contract under the conditions described in these general conditions.
In addition, the Internet customer declares, at the time of ordering a service, to be in possession of a medical certificate of non-contraindication dating from less than one month indicating without any reserve that the customer is fit to start his sports training program.
The sports coach reserves the right to request it at any time from the client. In case of no-show, the order will be cancelled, without any compensation or refund being required.
4. Benefits
The sports coach offers his clients coaching and support sessions in the context of sports and physical activities.
The services of the sports coach have no medical purpose and in no way replace medical treatment.
Unless otherwise specified, a session corresponds to one (1) hour of effective activity and the preparation of the sports coach and the client, as well as the installation and storage of the equipment are not included in this hour.
5. Organization and Planning
Sessions can be booked on the “www.jycoaching.ch” website, via the “Fit by Wix” application or with the sports coach in person. The reservations of the sessions must be approved beforehand by the sports coach.
In the case of a group session, the participants must imperatively have common objectives.
6. Delay, cancellations and validity
If the client is late, the session will still take place but will end at the time initially scheduled. In case of delay of the coach, the session will be extended if it is possible for the client and if this does not hinder the schedule of the sports coach. If necessary, it will be extended the next time.
Any session cancellation made less than 24 hours before the start of the session will be counted.
The validity of a formula of 10 sessions is 1 month.
The validity of a formula of 15 sessions is 2 months.
The validity of a formula of 20 sessions is 3 months.
If the Internet customer subscribes to an online subscription formula and does not use the sessions within the defined period, the sessions are not reimbursed.
7. Physical condition
The sports coach reserves the right to impose on the client a medical examination prior to any activity with a doctor as well as the production of a medical certificate of aptitude for physical and sports activity of less than three (3) months as well as the delivery of a signed version of the information sheet and disclaimer which appears in the appendix of the collaboration proposal before the first session.
The sports coach declines all responsibility in the event of the client's omission to mention a medical history that may interfere negatively with the coaching.
8. Rules of procedure
The customer must wear correct and clean sportswear for the practice of sports activities.
The client must take all necessary precautions for his health, safety, hygiene and to respect the instructions of the sports coach in this regard.
Without prejudice to what follows, the sports coach may, without notice or compensation of any kind, exclude or even terminate the contract of any client whose attitude or behavior is contrary to morality, or notoriously embarrassing, unacceptable or dangerous. for himself or for others.
ARTICLE 2- ORDER AND RIGHT OF WITHDRAWAL:
1. Placing the order, refund and return
When the Internet customer places his order, he must himself fill in all the mandatory fields appearing in the registration forms. The Internet customer is invited to reread his forms before validating his order.
When placing an order on the “www.jycoaching.ch” site, the Internet customer guarantees that the data he communicates is accurate and consistent with reality.
From the validation of the payment, the order is confirmed and can no longer be canceled or refunded. After validation of the payment, you will be able to download the digital files ordered.
Access to purchased files is open to you only on a personal basis and remains valid for a period that depends on the type of file format of the Digital Items ordered, from the registration of the order.
From the moment you have received the download or online reading links for the digital files ordered, you no longer have the option of canceling your order and the price of your purchase will be automatically debited, even if you decide by subsequently refrain from downloading said files.
As soon as the download links are sent, orders for digital files are deemed firm and final and cannot give rise to any exchange or refund.
The Internet customer undertakes to inform the sports coach without delay in the event of any modification to the data he provided when registering. The sports coach is not responsible for sending errors due to an incorrectly completed or non-updated form.
ARTICLE 3- EXECUTION OF THE SPORTS COACHING SERVICE CONTRACT
In the event of partial performance of the contract, the full price remains due to the sports coach, unless this partial performance results from an act or omission of the sports coach.
It is the client's duty to perform the number of sessions agreed in his contract. Otherwise, the customer will not be able to claim a refund.
The coaching services are carried out in the canton of Geneva (CH) and its surroundings (5 km radius).
No cause of suspension or termination of the contract by the customer is accepted, except in the event of force majeure, medical reasons or accident. The customer must provide proof of the case of suspension of the contract, and, in this case only, the sports coach undertakes to reimburse him for the costs he would have incurred for sessions that he will not be able to follow.
The contract and the sessions are not transferable by the client without the prior agreement of the sports coach.
1. Rates and booking policy
Coaching prices are defined on the website “www.jycoaching.ch”.
In order to benefit from a sports coaching trial session reserved on the "jycoaching.ch" website, the reservation request must be made at least 48 (forty-eight) hours before the date and time fixed and accepted by email or text. An approval or refusal response will be sent to you by email or sms within 24 hours.
The trial session must be completed within 30 days.
In case of late cancellation of a session, the session will be considered as carried out. Except in cases of force majeure.
In case of no-show at a reserved session, the session will be considered as carried out.
In case of cancellation of a reserved session more than 48 hours, the session can be rescheduled by the sports coach.
The sports coach reserves the right to update the price of the treatment when taking out a new contract.
Prices are displayed in Swiss francs (CHF) all taxes included.
The prices take into account the reflection carried out for the preparation of the technical sessions and the follow-up of the person.
The number of sessions and the total price will be displayed according to the number of sports sessions necessary to achieve the client's objectives as well as the possible use of complementary activities to sport (diet, aesthetics, relaxation, personal development, image consulting, etc.). .)
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The total price is subject to change according to the customer's needs. In this case a new contract will be concluded.
The client agrees to pay the sports coach on the agreed date and in accordance with the payment terms indicated on the collaboration proposal.
A payment arrangement is only possible if the party pays the deposit of 50% of the total amount due when the contract is concluded.
In the event of late payment of invoices, reminder fees in the amount of CHF 5 will be applied by the sports coach solely due to the client's non-compliance with the due date.
2. Absence and delays
In the event of the absence of the sports coach, for various reasons, a cancellation message will be sent in advance by email or text message. Sessions will be rescheduled no later than 14 days.
In the event of prolonged absence, this will be mentioned beforehand via the site “www.jycoaching.ch”. In this case, you will not be able to book sessions.
ARTICLE 4- INSURANCE AND RESPONSIBILITIES
Each customer must take out a personal civil liability insurance policy, covering them for any damage they may cause to third parties, by their own doing, during the services.
The sports coach also advises each client to take out bodily injury insurance related to physical and sports activity covering him for his own physical integrity.
The sports coach has taken out insurance to cover damages involving his professional liability.
The liability of the sports coach can only be sought in the event of demonstration of a causal link between a fault committed by the sports coach in the performance of the contract and the damage suffered by the client.
In particular, the sports coach cannot be held liable (i) in the event of an accident resulting from the client's failure to observe his instructions; (ii) in the event of an accident occurring outside the sessions or advice provided by him; (iii) if the customer does not respect the commitments he makes and guarantees he gives under the contract; and/or (iv) in case of force majeure.
Indirect damages (such as, without this list being exhaustive, loss of income, loss of opportunity, loss of earnings, any financial loss or any immaterial damage) cannot be the subject of compensation of from the sports coach.
The sports coach is only responsible for the commitments he makes and the guarantees he gives under the contract.
The customer will be responsible in the event of damage caused or in the event of material or bodily damage resulting from a voluntary or involuntary act occurring on his part.
The client also undertakes to guarantee and pay for all convictions and legal costs that may be incurred or charged to the sports coach as a result of faults, breaches or other acts occurring on the part of the client.
ARTICLE 5- PRIVACY AND PROTECTION OF CUSTOMER DATA
As part of a registration, the customer provides personal data which are mandatory and necessary to process the registration and perform the service and which may be used for commercial communication purposes by the sports coach. Personal data will be kept by the sports coach for a maximum of two (2) years from the end of the contract.
Each client may exercise their right of access, opposition and rectification by sending the sports coach an e-mail to the following address: contact@jycoaching.ch
The customer may, for legitimate reasons, oppose the processing of data concerning him. The customer may also oppose the use of his personal data for the purposes of commercial communication by e-mail by using the ad hoc link which appears on each e-mail message sent.
The opposition of a customer to the use of his personal data in the context of commercial communications has the consequence of depriving him of information concerning the commercial offers of the sports coach, affiliated companies or partners.
1.Picture
The client must indicate whether he accepts that his image be used by the sports coach, and, if necessary, sign the image rights authorization copy.
ARTICLE 6- INTELLECTUAL PROPERTY
All the visual and sound elements of the sports coach and the "www.jycoaching.ch" site, including the underlying technology used, are protected by copyright, trademark law, patent law and more generally. by all intellectual property rights.
These elements are the exclusive property of the sports coach or its licensors.
None of the elements of the site or all or part of them may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any way. any other way, free of charge or for a fee, regardless of the means and/or media used, whether known or unknown to date, without the express prior written authorization of the sports coach.
ARTICLE 7- CUSTOMER SERVICE
The satisfaction of its customers is a constant concern of the sports coach.
The sports coach tries to meet the expectations of his clients as quickly as possible and to respond to them as soon as possible after receiving a request, suggestion or complaint.
For any request, suggestion or complaint, the customer is invited to contact the sports coach.
Email: contact@jycoaching.ch
Phone: +41792816317
ARTICLE 8- APPLICABLE LAW AND COMPETENT JURISDICTION
Any dispute relating to the interpretation and execution of the contract is subject to Swiss law. The disputes that may arise regarding the validity, interpretation, performance or non-performance, interruption or termination of the contract, will be submitted to mediation.
In the event of a failure of mediation, disputes will be brought before the courts.
ARTICLE 9- MISCELLANEOUS
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of the general conditions of sale cannot affect the validity of all the general conditions of sale, the other stipulations of which will keep all their strength and scope. Such a modification or decision does not in any way authorize customers to disregard these general conditions of sale.
The fact that the sports coach does not avail himself, at a given moment, of any of the clauses of the contract, cannot be interpreted as a waiver to avail himself of it later.
The general conditions of sale can be consulted on the site and can be modified at any time at the discretion of the sports coach without any other formality than putting them online, only the latest version will be applicable.
January 2024