ARTICLE 1 – Legal notices
1.1 Platform Editor
Under Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, it is specified to Users of the Site lombafit.com the identity of the various stakeholders as part of its implementation and monitoring:
Owner, creator and responsible for publications: Anas BOUKAS
Contact email address: firstname.lastname@example.org
The WordPress Company: www.wordpress.com
ARTICLE 2 – Presentation
The Lombafit Website (lombafit.com) offers the User educational tools aimed at popularizing back pain by health professionals. Prior acceptance of the General Conditions of Use and Sale and registration are required to use the Services present on the Site. lombafit.com, as well as to order guides and other available online products.
These general conditions of use and sale are intended for Users, Customers and Anas Boukas, responsible for the Site. lombafit.com.
ARTICLE 3 – Definitions
The definitions of the terms used in these T&Cs refer to all of the complete T&Cs. The terms beginning with a capital letter and defined in these GCUS, can (if applicable) be used both in the singular and in the plural.
These terms have the meaning and scope given in their definition in the context of the conclusion and execution of the General Conditions of Use and Sale:
- General Conditions of Use and Sale or CGUV : refers to these general conditions of use and complete sale applicable to the Site and to all the Products and Services offered, concluded between the User and the Owner;
- Parties jointly means the Owner and the Users;
- User : designates, unless otherwise specified, any natural person who uses the Site and/or accesses the Services (free or paid) offered by the Owner through the Site. It can therefore also be a Client;
- service : designates, unless otherwise specified, any natural person who Orders a Product or Service on the Site;
- Account : the User creates a Personal Space as soon as he registers and enters his email. The Account settings can be modified in the Personal Space accessible at any time;
- Personal space : Site interface allowing access and management of data provided by the User and services provided by the Owner;
- login means the personal identifier associated with the User's Account then modified by the User and allowing the User to identify himself in order to access his Account;
- Services : all services, digital products, content and services offered by the Owner on the Site, free or paid;
- Product : refers to the books, physical products, sold on the Site;
- Website : this website and its extensions, published under the responsibility of the Owner, accessible under the domain name lombafit.com ;
- Information : means all data, images and videos;
- Program : accompaniment chosen by the User; Programs and Guides online or to download (PDF format – Portable Document Format) and Exercise programs (PDF format);
- Forum and Community space: free exchange space where Users are authorized to publish content on the Site themselves;
- Price : designates the Purchase Price of the offer including tax;
- Order : designates the Product or Service selected by the User through an online payment;
- Teleconsultation : service provided by the Owner to the User thanks to a videoconferencing system distributed by a service and third-party messaging software (Example: Zoom) and made possible thanks to a camera connected to the devices used by the Owner and the User (computer, tablet, smartphone);
- Cookies: set of data stored in the User's device;
- Personal Data means any information relating to an identified or identifiable natural person; is deemed to be identifiable a person who can be identified in particular by reference to an identification number or to one or more specific elements specific to his identity;
- Owner : refers to the Owner, responsible for the Site lombafit.com and provider of the Lombafit Services.
ARTICLE 4 – Contractual documents
Each User subscribes to the CGUV and consents to the processing of his Personal Data.
If a provision of the T&Cs is deemed invalid by a competent court, the invalidity of this provision will not affect the validity of the other provisions of the T&Cs, which will remain valid and in force. No waiver of one of the provisions of the CGUV can be considered as a definitive waiver of this provision or of other provisions of these CGUV.
ARTICLE 5 – Entry into force, duration and updates
The fact of accessing and browsing the Site constitutes on the part of the User an unreserved acceptance of these CGUV.
When making a purchase on the Site, the User acknowledges that the expression of his consent to the CGUV is materialized by the activation of the checkbox(es) associated with a proof agreement defined in these CGUV. The User is invited to read these T&Cs carefully and has the option of consulting them at any time on the Site.
These T&Cs entered into force on March 18, 2018 and were amended on February 7, 2020.
ARTICLE 6 – Purpose
The purpose of these CGUV is to define the terms and conditions of use and sale of the Products and Services offered on the Site (and accessible under the domain name lombafit.com), by the Owner, as well as to define the rights and obligations of the Parties in this context. They serve as a contract between the Owner and the Users.
They may be supplemented, where appropriate, by conditions of use specific to certain Services. In case of contradiction, the special conditions prevail over these general conditions.
ARTICLE 7 – Conditions of access and withdrawal
7.1 Conditions of access
The User is fully and personally responsible for the use he makes of the Site, Information, Products and Services, under the conditions of common law.
In general, the User agrees to use the Information, Products and Services:
- in compliance with the laws, regulations and rights of third parties, in particular intellectual and industrial property rights;
- fairly and in accordance with its purpose.
When the User uses the Services offered or registers on the Site, he accepts and confirms that:
- He is of legal age in accordance with the law in force in his country of residence or connection. The Services are open to minors if an adult User declares a minor beneficiary, under his own and exclusive responsibility and communicates to him the terms of access to the Services;
- He has provided information that is truthful, up-to-date and complete under the law. Any fanciful or slanderous personal information is likely to lead to the closure of the User's Account. Any email sent by the Owner to the email address indicated by the User will be deemed to have been received by the latter;
- He uses the Services for his personal activity only, unrelated to any professional activity. Commercial companies, and in general any organization or entity or regulated profession cannot become Users;
- It is forbidden to use the Information from the Site to promote a Product, a service or in general for any advertising or promotional or professional purpose;
- The law of his country of residence authorizes him to access the Site;
- He has read, understood and accepted the CGUV.
In the event of non-compliance with one or more provisions of the CGUV, for the User, his Account may be unilaterally, automatically and without notice, temporarily suspended or permanently blocked.
7.2 Right of withdrawal
In accordance with Article L.121-19 of the Consumer Code, and in the context of mail order sales and therefore online sales, the Customer has a right of withdrawal for 14 days from the day after the receipt of the Product. After this 14-day period, all Orders are due.
In the event of exercise of the right of withdrawal for the purchase of a Product, within the aforementioned period, only the Price of the Product(s) purchased and the shipping costs will be reimbursed, the return costs remain the responsibility of the Customer. . Returns of Products must be made in their original condition.
The refund will be made to the account indicated at the time of the Order and may take up to 10 working days.
The Services available on the Site are not subject to this right of withdrawal. Article L121-20-2 excludes in particular:
- Online educational content, based on audio and video recordings, from the time the training began. The Owner has the possibility to check whether the User has started his Program or not.
- Services such as Teleconsultation if the service started within 7 days of the Order.
With regard to the sale of dematerialized Products provided for by the Consumer Code (such as PDF files to download), the right of withdrawal can no longer be exercised from the time of downloading. The Owner has the possibility to check whether or not the User has downloaded the Exercise Programs (PDF).
Find the terms of withdrawal concerning Teleconsultations in Article 12 – Terms relating to Teleconsultations.
7.3 Exceptions to the right of withdrawal and force majeure
The Owner will not be held liable in the event of inaccessibility to the Site caused by events beyond its control which could not be reasonably foreseen and whose effects cannot be avoided by appropriate measures, and preventing the performance of their obligations to the meaning of the legal definition appearing in article 1218 of the Civil Code (“Cases of Force Majeure”).
None of the Parties may in particular be held responsible for any breach whatsoever of its obligations, if such a breach results in particular: from a government decision, including any withdrawal or suspension of authorizations of any kind, from a natural disaster, a state of war, a total or partial interruption or blockage of telecommunications or electrical networks, an act of computer hacking or more generally any other force majeure event with the characteristics defined by the case law.
The execution of these GCUS will be suspended as long as the Case of Force Majeure lasts. The Owner will endeavor, as far as possible, to put an end to the case of Force Majeure or to find a solution allowing it to perform its contractual obligations despite the case of Force Majeure.
The case of force majeure suspends the obligations of the Party concerned during the time when the force majeure will apply if this event is temporary. Otherwise, if the impediment is final, the Parties will be released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
ARTICLE 8 – Presentation of Products and Services
The Site offers Users Products and Services allowing them in particular to:
- Obtain Information and content on back pain, physical exercise, chronic pain, stress management, sleep, thanks to educational articles and varied educational content
- Benefit from Teleconsultations with the Owner;
- Create a “Membership” type Account via the Personal Space;
- Access online courses to improve their back health, and downloadable exercise sheets and guides to treat their back pain.
The content of the Site, as well as the Teleconsultations carried out with the Owner, can in no way be considered as equivalent to a medical consultation and must not be used to start, modify or stop a medical treatment in progress.
8.1 Free Services
A part of the Services is accessible free of charge. Any User has the possibility of accessing:
- The article part: these are articles published regularly, for information purposes;
- Search : it allows access to blog information via keywords;
- Subscribe to the newsletter : it is a periodic sending by e-mail of regular newsletters concerning the news and the activities of the Site;
- Free programs : 21 days against back pain
8.2 Paid Products and Services
The Products and Services concern:
- All paid ebooks
- Any teleconsultation service
- All access to Monthly Membership
- Any paid exercise program available in the Online Guides section
All paid products include written content, videos, evaluation questionnaires, and/or downloadable PDF files.
ARTICLE 9 – Conditions of use of the Services
9.1 Terms of Service
The User agrees to use the Services individually and personally. He has the obligation to verify by himself that he is physically fit to practice the physical activities proposed by the Owner, to follow the advice related to the health of the back.
9.2 Acceptance of the GTCUS
Access to the Services offered on the Site is strictly subject to the User's full acceptance of these T&Cs. The User acknowledges being fully informed of the provisions of these T&Cs and undertakes to comply with them.
9.3 Technical setup
The User acknowledges having the necessary means to access the Site and use it under normal browsing conditions. For this, the User acknowledges having checked that the computer configuration he uses does not implement any faulty software, virus or element harmful to the system deployed by the Site.
The User is solely responsible for the installation, maintenance and control of the technical configuration required to connect to the Site. The Owner can in no way be held responsible for the incompatibility of the Site with the technical configuration of the User's computer, tablet or mobile phone.
The User undertakes to have the technical means and sufficient knowledge to operate the downloading of the various programs and guides in PDF format.
9.4 Free Services
The creation of a Personal Account is not mandatory to access the free Services of the Site.
The User may, if he wishes, subscribe to the paid Services described below.
9.5 Paid Services
The Order and/or registration automatically lead to the opening of a Personal Account in the name of the User, which allows him to manage his use of the Services.
The User is informed and accepts that the Information entered for the purpose of creating or updating his Personal Account is worth proof of his identity and commits him as soon as they are validated. The User can access his Personal Space at any time.
The Programs are accessible indefinitely.
Paid Programs are accessible after cash payment for the Order.
Teleconsultations are provided by the Owner, on an individual basis.
9.6 Comment moderation conditions
Comments and trackbacks/pingbacks, whether published in articles or on the Forums, are manually moderated. Failure to comply with any of the following rules will result in their deletion:
- Defamatory, racist, pornographic, pedophile, inciting comments, crimes or suicides;
- Comments reproducing private correspondence without the consent of the persons concerned;
- Aggressive or vulgar comments;
- Comments intended solely to post a link to an external site.
ARTICLE 10 - Orders
Any Order confirmation entails the Customer's full and complete acceptance of these T&Cs, without exception or reservation. All the data provided and the recorded confirmation will constitute proof of the transaction. The User declares to have perfect knowledge of it.
10.1 Purchase Process
The Customer must follow a series of steps in order to place his Order:
- Information on the essential characteristics of the Product or Service;
- Choice of Product or Service (via the Order button), and indication of the Customer's essential data (Name, First name, email, Personal Account password, Mailing address for the book);
- Acceptance of these T&Cs;
- Monitoring instructions for payment, and payment for Products or Services;
- Shipping of Products (within 48 hours) or direct access to downloads of PDF files or to the training platform for the Programs.
Find the purchase process for Teleconsultations in Article 12 – Terms and Conditions for Teleconsultations.
10.2 Order Confirmation
The online provision of the credit card number and the final validation of the Order are proof of the entirety of the said Order in accordance with articles 1316-4 and following of the Civil Code and will be worth payment of the sums incurred for the supply of the selected Products or Services. by the User as part of his Order. This validation is worth signature and express acceptance of the banking operations carried out on the Site.
The Customer receives confirmation of payment for his Order by email.
For the purposes of proper execution of the Order, and in accordance with article 1316-1 of the Civil Code, the Customer undertakes to provide its true identification elements. The Owner reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
10.3 Terms of delivery
The Programs and Guides (PDF) are delivered by email.
For physical Products, the Owner agrees to honor the Customer's Order within the limit of available Product stocks only. Failing this, the Owner informs the Customer. Unless otherwise specified, your Products will be dispatched within 48 hours (excluding weekends and public holidays).
The delivery is made to the address indicated during the Order (consequently, it is necessary to be particularly attentive to the spelling of the postal address entered).
The Owner recalls that when the Customer takes possession of the Products, the risk of loss or damage to the Products is transferred to him. It is the Customer's responsibility to notify the carrier of any reservations regarding the Product delivered.
ARTICLE 11 – Prices of Products and Services and terms of payment
11.1 Prices of Products and Services
The Prices of the Services are defined in euros, Canadian dollar or American dollar, and all taxes included and take into account the VAT in force on the day of the validation of the Order by the User.
The Owner reserves the right to modify its Prices at any time, but the Products or Services will be invoiced on the basis of the prices in force at the time of the Order validation. All prices are available in the “Online Guide” section of the site lombafit.com.
11.2 Terms of payment
Payments are due immediately upon placing the Order. When a User communicates his credit card number to pay for Products or Services on the Site, he uses the STRIPE secure online payment system with encryption, which meets security standards against any access, use or unauthorized disclosure. Credit cards, Visa cards, Mastercard and American Express cards are accepted on the Site.
Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the Information. In accordance with article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his Banking Information during the sale, the Customer authorizes the Owner to debit his card for the amount relating to the Price indicated.
The Customer conﬁrms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the sale is immediately resolved as of right and the Order cancelled.
Payment for the Teleconsultation, reserved online, is made in advance, when booking it. Any Teleconsultation will only be taken into account once payment has been received.
An email will be sent to you at the end of your payment with the confirmation of the appointment.
In the event of unjustified cancellation of a payment by credit card or unjustified opposition to a payment by credit card, the User undertakes to reimburse the Owner for the costs generated by the illegitimate cancellation or opposition. upon presentation of proof of said costs.
11.3 Amazon EU Affiliate Program and Other
This site participates in the Amazon EU Associates Program, an affiliate program designed to allow sites to earn compensation through the creation of links to Amazon.fr, Amazon.ca or other depending on the country.
ARTICLE 12 – Modalities relating to Teleconsultations
12.2 Booking a Teleconsultation
The user, when booking his Teleconsultation, agrees to provide all the information required to validate his registration and will ensure that the email provided is accurate. In the event of an error in the Information provided, no refund or credit may be demanded by the User.
The User must follow a series of steps in order to make an appointment and place their Order:
- Information on the essential characteristics of Teleconsultation;
- Indication of the date and time of the appointment chosen (choice of 30 minutes or one (1) hour), and indication of the email address;
- Validation of the data provided via the Order button);
- Indication of the Customer's essential data (Name, First name, email, Password);
- Acceptance of these T&Cs;
- Follow-up of instructions for payment, and payment of the Teleconsultation;
- Shipping of Products (within 48 hours) or direct access to downloads of PDF files or to the training platform for the Programs.
Payment for the Teleconsultation will be made upstream by the Client, by credit card and according to the payment methods described in Article 11.2 – Payment methods. Once the payment has been received, the session is automatically reserved for the Client.
12.2 – Terms and conditions of Teleconsultations
- Interview times : The hours of the Teleconsultations can be modified with at least 12 hours notice, by sending an email.
- Cancellation of a Teleconsultation : The cancellation of a Teleconsultation is possible more than 48 hours in advance, by sending an email. It can be exchangeable at another time slot. After this 48-hour period, the Teleconsultation is fully due;
- Technical setup : Teleconsultation requires the use of the Zoom application, a device (computer, mobile phone, tablet), an internet connection and a functional camera. The User assumes the obligations related to the equipment and connections necessary for the use of this Site and its Services.
- Duration of sessions : The duration of the sessions varies according to the client, and will be agreed before the session
- Policy : The Owner undertakes that all the Information they collect during the Customer's support of the electronic service, in order to benefit from a consulting service, will be considered as Confidential Information;
- Warranty : No guarantee can be given concerning the achievement of the objectives set by the Client. The Owner cannot be held responsible for a partial or complete failure related to the achievement of an objective. The Owner is responsible for the Customer's support process and the Customer is responsible for achieving the defined objectives.
12.3 – Commitments
- The Owner's professional skills are ensured by the various qualifications he has obtained, as well as his professional experience;
- The Owner undertakes to contact the User at the agreed dates and times, after validation of payment for the Teleconsultation. The Owner undertakes to reimburse the Customer for any amount due and collected, if he does not show up for the appointment. The User and the Owner therefore mutually agree to be present and available on the date and at the time of the meeting. If the Owner has not contacted the User at the scheduled time, the User will be offered a new time slot;
- In the event of a delay on the scheduled time due to the Customer, the Owner will attempt to contact the User again or will wait for the User up to 10 minutes after the initially scheduled start. The Teleconsultation can then be done but without making up for lost time. Beyond 10 minutes late, the appointment will be considered as missed by the User and no exchange or refund will be made;
- The Owner undertakes to provide unconditional support to its Client. He accompanies him in the implementation of the most effective means to enable him to achieve his objectives. The Owner is subject to an obligation of means and not of result. The Owner ensures to act with a high level of integrity throughout the duration of the Teleconsultation. If he does not have the competence to intervene in the area for which he is consulted, he refers his Client to another person;
- All Information provided during the Teleconsultation will remain confidential;
- If, during the Teleconsultation, the Owner notices that significant discrepancies no longer allow it to operate under the terms of the CGUV, it is under an ethical obligation to put an end to it by clearly explaining the reasons for its decision. As far as possible, he will make sure to offer other options to his Client;
- Any communication of an inappropriate nature - in particular offensive, racist, pornographic or obscene - from the User may be the subject of an immediate interruption of the Teleconsultation in progress, without possible refund.
ARTICLE 13 – Obligations of the User
Without prejudice to the other obligations provided for herein, the User undertakes to comply with the following obligations:
- The User undertakes to provide the Owner with accurate Personal Information, when registering on the Site and when updating his Personal Information. The Owner cannot be held liable for false statements provided by Users;
- The User is responsible for damages and prejudices (direct or indirect, material or immaterial), caused to the Owner, to the Site and/or to any third party and resulting from any illegal behavior or contravention of these provisions. He undertakes to indemnify the Owner for any damage he may suffer and to pay him all the costs, charges and/or judgments he may have to bear as a result;
- The User undertakes, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order;
- The User undertakes to make strictly personal use of the Services. It therefore refrains from assigning, conceding or transferring all or part of its rights or obligations hereunder to a third party, in any way whatsoever. The User must not use the Services offered by the Site for professional, commercial or collective purposes;
- The User agrees that the Content he publishes (in comments on articles, on the Forums or via the Contact section) is lawful, does not infringe public order, morality or the rights of third parties, do not violate any legislative or regulatory provision;
- The User must take the necessary measures to save by his own means the Information of his Personal Space that he deems necessary, of which no copy will be provided to him. He is also responsible for maintaining the confidentiality of his Username and password;
- The User is informed and accepts that the implementation of the Services requires that he be connected to the internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.
ARTICLE 14 – Disclaimer
The ideas, Information and suggestions contained on the Site, Programs and Guides, Forums and Community section, videos or newsletters or any related materials should not be construed as medical advice or assistance, nor should they be construed as a substitute for advice or medical assistance or used or referred rather than seeking the advice of a physician or appropriate health expert.
The User is solely responsible both for the assessment of his health, and for the use and interpretations he makes of the Information contained on the Site and the Information given via the Teleconsultations, the results he obtains, the advice and acts that he deduces and/or issues.
The Owner is bound by an obligation of means, to the exclusion of any obligation of results. We cannot blame a result that cannot be desired.
You acknowledge that the Information made available to you is neither complete nor exhaustive and that this Information does not deal with all of the various symptoms and treatments appropriate to the pathologies and various daily ailments that interest you. The Owner does not guarantee in any way that this Information is accurate, complete and up to date.
The Owner accepts no responsibility for any action, or claim, resulting from the use of the Information contained on the Site. We are all unique, what may work for one individual may not work for another.
The Owner cannot under any circumstances be held responsible for a physical or material accident or direct or indirect damage occurring to one of its Users of the Site, in the event of late delivery or during a Teleconsultation. Consequently, the User accepts that the use of the Information and Services is carried out under your sole and entire responsibility, control and direction.
ARTICLE 15 – Liability
15.1 – Commitment of the User and concept of “Necessary Steps”
The User will pay particular attention to the fact that the effectiveness of the Services offered depends totally on his personal involvement and the respect with which he applies the advice, methods, techniques and exercises provided.
The User naturally agrees to follow the courses, do the exercises, and apply the methods taught. It is the concept of “Necessary Steps”.
The Owner cannot therefore bear any obligation of result if the User does not achieve the personal objective he has set.
If the User considers himself dissatisfied with the results obtained by the Service and wishes to obtain a refund, he must take advantage of having accomplished this “Necessary step”.
For this reason, before making the refund, the Owner will ask the Customer to present proof of the realization of these “Necessary Steps” no later than 7 working days after the Owner has acknowledged receipt of his refund request.
The Owner undertakes to offer Users continuous accessibility to the Site. However, in order to offer Users quality Services, the Owner reserves the right to carry out maintenance, updating or repair operations on the Site. As far as possible, the User will be informed of temporary suspensions of the Site due to these operations.
The Owner declines all responsibility in the event of any loss of the Information accessible in the User's Personal Space, the latter having to save a copy and not being able to claim any compensation in this regard.
The Owner cannot be held liable in the event of failure of the communication systems, whether or not outside its control, nor in the event of a breach of the security of its own systems once it has fulfilled all the security obligations necessary to the performance of its obligations.
The Owner does its best to guarantee the security of the data collected through the Site. However, if a security breach were to be revealed, the Owner undertakes to act as soon as possible to remedy the problem and to inform the Users concerned.
16.1 – Responsible for processing your data
Concerned about the protection of the privacy of its users, the Owner undertakes to comply with all French and European regulatory and legislative provisions relating to the protection of Personal Data, including in particular the Data Protection Act of 6 January 1978 as amended and the General Data Protection Regulation of 27 April 2016.
16.2 – Collection of information
Personal Data concerning the User may be collected at different times during the User's browsing on the Site and the use of the Services it offers, for various reasons, detailed below:
- Site display and navigation : Technical information is collected automatically when connecting to the Site and browsing it (origin of connections, IP address, browser version and its settings, pages of the Site consulted);
- Personal account : At the time of an Order, various Information is requested and will be done through Stripe (www.stripe.com)
- Use of the Services : By using the various Services offered on the Site, the User may be required to provide Information in various spaces provided for this purpose: forms, Forums, messaging, Teleconsultation, etc.;
- Receipt and management of payments : At the time of an Order, Information relating to payments (in particular the data of the bank card used) is collected on the Site, through the intermediary of an approved payment Service provider, Stripe.
The Data relating to the User is collected in order to allow the Owner to provide its Services, as well as for the following purposes: analyses, management of the User database, management of contacts and sending of messages, marketing proposals, automations, invoicing of the Services, personalization of the Services and monitoring of the relationship between the Owner and the Users.
16.4 User Rights
Users may exercise certain rights regarding their data processed by the Owner. In particular, Users have the right to do the following:
- Withdraw their consent at any time or limit the processing of their data
- Oppose the processing of their Data;
- Access their data;
- Verify and obtain rectification;
- Have their Personal Data deleted or erased.
16.5 – Retention time
This personal data is not intended for sale or for advertising purposes. They are kept for security purposes, in order to comply with legal and regulatory obligations.
16.6 – Disclosure to third parties
Anas Boukas is the sole owner of the Information collected on this Site. Your Personal Information will not be sold, exchanged, transferred, or given to any other company for any reason, without your consent.
The Owner cannot, moreover, be held responsible for the accidental destruction of Personal Data by a third party having accessed the User's Personal Account.
16.7 Data security
In order to proceed with the payment of his Order, the User will be asked to communicate the number and expiry date of his bank card as well as the security cryptogram. Online payments are secured by the HTTPS protocol in order to guarantee the encryption of the User's data during the transmission of his Banking Information.
However, the User should be advised that there is always some level of risk that Personal Information may be disclosed through no fault of the Owner and without the User's consent. The Owner disclaims any liability that such Confidential User Information may be disclosed.
After entering his email when registering on the Site, the User will receive emails containing Information and promotional offers. The User can unsubscribe at any time. All he has to do is click on the link at the bottom of the “Unsubscribe” emails.
ARTICLE 17 – Storage and archiving
In accordance with the Data Protection Act No. 78-17 of January 6, 1978, the data provided by the User is only kept by the Owner for the time necessary to fulfill the purposes of their collection defined in the previous article.
The bank details provided by the User will only be kept for the time of payment in full.
We archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code. These computerized registers will be considered by all the Parties concerned as proof of communications, Orders, payments and transactions between the Parties.
ARTICLE 18 – Hypertext links and cookies
The Site lombafit.com contains a certain number of hypertext links to other sites, set up with the authorization of the Owner. However, the Owner does not have the possibility of verifying the content of the sites thus visited, and therefore assumes no responsibility for this fact.
Browsing on the Site is likely to cause the installation of cookie(s) on the User's computer. A cookie is a small file, which does not allow the identification of the User, but which records Information relating to the navigation of a computer on a site. The data thus obtained are intended to facilitate subsequent navigation on the Site, and are also intended to allow various measures of attendance.
Refusal to install a cookie may result in the impossibility of accessing certain Services. The User can however configure his computer as follows, to refuse the installation of Cookies. This configuration is different according to each browser and the User is invited to consult the help sections of his browser (example: Preferences – Confidentiality for SAFARI).
ARTICLE 19 – Intellectual Property
Anas Boukas is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the Site, in particular the texts, images, videos, graphics, logo, icons, sounds, domain names, software, product names. , downloadable content, trade names, ideas, Services and Programs offered.
Any reproduction, representation, modification, publication, distribution, printing adaptation and/or total or partial exploitation of all or part of the elements of the Site, whatever the means or process used, is prohibited, except with the prior written authorization of the Owner.
You agree that by downloading any service, guide or product from the Site, you will not rent it, decompile it, reverse engineer it, modify or derive content from the Site and/or make it available on a network where it could be used by a single device or multiple devices at the same time.
Any unauthorized use of the Site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of Book 7 of the Intellectual Property Code as well as the legislative and regulatory provisions of the countries and international conventions, usurpation of corporate names, trade names and domain names and engages the tort liability of its author.
ARTICLE 20 – Closing of the Account
20.1 By the User
At any time, the User has the option of closing his Personal Space, withdrawing his consent, by sending a request via the Contact section of the website.
The User is informed that the closing of his Personal Space will not lead to the automatic deletion of the Personal Data concerning him. They will be kept, in compliance with the requirements laid down by the Regulations, which the User expressly accepts.
20.2 By the Owner
In the event of non-compliance by the User with these GCUS, the Owner reserves the right to suspend the Services and/or to refuse him access to the site. The User is expressly warned that the suspension of the Services does not lead to the reimbursement of any sums paid by the User in the context of the use of these Services and does not give rise to any indemnity or compensation.
Without limiting the foregoing, the following are in particular likely to suspend access to the site:
- breaches or violations of these T&Cs;
- infringement of intellectual property rights and those of a third party;
- non-compliance with a legal or regulatory provision in force;
- an unauthorized connection attempt;
- a permanent impediment;
- acts affecting the operation of the Services
The Owner cannot be held liable following the closure of the User's Personal Account under the conditions provided for in this article.
In the event of breach of any of the provisions of these T&Cs or more generally, violation of the laws and regulations in force by a User, the Owner reserves the right to take any appropriate measure and in particular to delete any content posted line on the Site, to notify any authority concerned or to initiate any legal action.
ARTICLE 21 – Evolution of the Site and modifications of the CGUV
The Owner reserves the right to modify these T&Cs at any time and without notice. The User will be informed of these modifications by any useful means. Any User who uses the Services after the entry into force of the modified CGUV is deemed to have accepted these modifications.
ARTICLE 22 – Proof Agreement
The Parties agree to consider the messages received by fax or electronically and more generally the electronic documents exchanged between them, as original writings within the meaning of article 1316-1 of the Civil Code, i.e. as having the same value as that given to the original.
The Parties agree to keep the faxes or electronic writings in such a way that they can constitute faithful and durable copies within the meaning of article 1348 of the Civil Code.
The computerized registers kept in the Owner's computer systems as part of an encryption system will be considered as proof of communications and the various transmissions of writings and electronic documents between the Users and the Owner.
In accordance with the provisions of articles 1316-4 and following of the Civil Code, the implementation of an electronic signature, on the basis of a reliable identification process guaranteeing its link with the act to which it is attached, is considered as a valid signature and as proof within the meaning of the aforementioned provisions.
The User may not contest the admissibility, validity or probative force of the aforementioned elements in electronic format or medium, on the basis of any legal provision whatsoever and which would specify that certain documents must be written or signed to constitute proof. . Thus, the elements considered constitute evidence and, if they are produced as evidence in any contentious or other proceedings, will be admissible, valid and enforceable in the same way, under the same conditions and with the same probative force as any document. which would be established, received or kept in writing.
ARTICLE 23 – Partial nullity
If one or more stipulations hereof were to be void under the terms of a regulatory legal provision or a court decision that has become final, it would be deemed unwritten and would not result in the nullity of the other stipulations. The Parties will remain bound by the other stipulations of the CGUV and will endeavor to remedy the inapplicable clauses in the same spirit as that which prevailed during the conclusion.
ARTICLE 24 – Language, applicable law and competent jurisdiction
The language of this contract is French. These CGUV are subject to French law. All the clauses contained therein, as well as all the purchase and sale transactions referred to therein, will be subject to French law.
In the event of a translation of these GCUS into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or provision.
In the event of a dispute, the French courts will have sole jurisdiction. Any amicable or legal complaint, relating to the execution or interpretation of the GCUS and to the access or use of the Service, must be made within one (1) year from the generating event, barely prescription.
For any complaint, the User is invited to contact the Owner by email through the Contact section.