ARTICLE 1 PRESENTATION OF THE PARTIES

These terms and conditions govern the contractual relationship between :

-The Customer 

and

-The Service Provider : 

SHEN INSTITUT, EURL with a share capital of 27000, whose registered office is 14, Allée des Tulipiers 74600 SEYNOD ANNECY, registered under the number 828053207, and whose legal representative is Sébastien HANTZ.

The address is 43 bis, Avenue de Genève 74000 ANNECY.

Intracommunity VAT number: FR12828053207.

ARTICLE 2 PRIOR DECLARATIONS BY THE PARTIES

The Customer represents and warrants to the Service Provider:

– be at least 18 years of age and have the legal capacity to enter into this Contract, or be accompanied by a legal representative,

– not be affected, to his or her knowledge, by any illness (congenital or acquired) or, if this is the case, be under the care of a doctor who holds a recognized state diploma and is registered with a French medical association.

Before committing himself, the Customer acknowledges having read the contents of the present Contract, which includes the mandatory pre-contractual information stipulated in articles L111-1 and L111-2 of the French Consumer Code.

The Customer declares that he has been fully informed of the nature of the Services, which are the subject of the Contract, and acknowledges that the Service Provider has been entirely at his disposal to inform him of everything that was decisive according to the needs expressed by the Customer.

ARTICLE 3 NATURE OF THE CONTRACT AND DESCRIPTION OF SERVICES

This Contract constitutes a contract for the provision of services, governed by the French Consumer Code for consumer customers.

The activities carried out by the Service Provider are as follows:

The Provider is a wellness and wellness practitioner. It offers consulting services in traditional Chinese energetics. 

The Service Provider does not hold any professional certification or state diploma.

The training courses followed (not officially recognized) are as follows:

• 4-year basic course in Traditional Chinese Medicine (1996-2000)
• University and hospital internship in China (2000)
• Advanced training courses in Chinese Medicine (Internal Medicine) (2000-2011)

These activities come under the heading of “non-conventional” practices, to relieve certain everyday ailments or to reinforce, as a preventive measure, lifestyle hygiene, quality of life, vitality and therefore overall well-being.

The Customer is hereby informed and accepts that the Services provided are not intended to diagnose or treat any disease.

These are complementary practices that can be used in addition to conventional treatments, to contribute to well-being.

The Services provided by the Service Provider do not in any way replace a medical diagnosis and/or treatment and do not in any way dispense with consulting a doctor, as the latter is the only person authorized to establish a medical diagnosis and appropriate medical treatment.

ARTICLE 4 DISTANCE OR HOME CONTRACTS

The present article applies in cases where the present Contract is concluded, not directly at the Service Provider’s premises on the day of performance of the Services, but remotely (by e-mail or from the Service Provider’s website or via an online booking site) or at the Customer’s home within the meaning of article L. 221-1 of the French Consumer Code.

The Customer acknowledges having read the contents of this Contract before committing to it, which includes the mandatory pre-contractual information specified in article L221-5 of the French Consumer Code.

The Service Provider shall also provide the Customer with confirmation of the Contract in a durable medium within a reasonable period of time after the Contract has been concluded and at the latest before the start of performance of the Services.

The Customer also agrees to receive a copy of this Agreement electronically.

Right of withdrawal

The Service Provider also reminds the Customer that, in principle, when this Contract is concluded remotely or off-premises, and except for the exceptions referred to in 4.3, the Customer has a cooling-off period of 14 calendar days, without having to give any reason or pay any fees or penalties. This period runs from the day after the Contract is signed by the Customer.

If the Customer wishes to withdraw from this Agreement, he/she may use the withdrawal form below, but this form is not obligatory. For the withdrawal period to be respected, it is sufficient for the Customer to notify the Service Provider of his intention to withdraw before the expiry of the period at the following contact e-mail address: sebastienhantz@me.com

Sample withdrawal form

I hereby notify you of my withdrawal from the service contract ______________ that I signed on ______

Customer name _______________

Customer address ______________

Email _________________(only in case of notification of this form on paper)

Date ________________(only in the case of notification of this form on paper)

Signature (only if this form is submitted on paper) ______________

The Service Provider will acknowledge receipt of the Customer’s request for withdrawal.

In the event of exercise of the right of withdrawal, the Service Provider will reimburse the sums paid, within fourteen (14) calendar days of notification of the request for reimbursement and using the same means of payment as that used for payment.

The Customer who has exercised his right of withdrawal from a successively executed Contract, the execution of which has begun, at his express request, before the end of the withdrawal period, shall pay the Service Provider an amount corresponding to the service provided until communication of his decision to withdraw; this amount is proportionate to the total price of the Service agreed in the Contract.

Cases in which the right of withdrawal does not apply :

If the Customer makes an appointment to perform the Services prior to the expiry of the 14-day withdrawal period, and if the Services are fully performed at that appointment, the Customer acknowledges that he expressly and automatically waives his right of withdrawal, without the service provider being obliged to receive his express request in writing.

ARTICLE 5 CONDITIONS OF PERFORMANCE

The date(s) on which the Services are to be performed will be agreed between the Service Provider and the Customer.

The Service Provider also reserves the right, with the Customer’s agreement, to carry out all or part of the Services using a dedicated digital communication tool. In this case, the Customer is informed that the Services performed may under no circumstances constitute acts of telemedicine within the meaning of Articles L. 6316-1 et seq. and R.6316-1 of the French Public Health Code. No health data will be stored on the tool.

In addition, the Service Provider shall ensure that the digital tool used ensures the security of the Customer’s personal data.

The Customer undertakes to cooperate actively with the Service Provider and to provide the Service Provider with any information required for the proper performance of the Services, in particular any useful information concerning the Customer’s personal situation (illness, pregnancy, particular vulnerabilities, disability).

For its part, the Service Provider undertakes to exercise all due care and diligence in the proper performance of the Services and to keep the Customer informed of any difficulties that may arise during the performance of the Services. The Service Provider is bound by a best-efforts obligation to provide advice and information.

ARTICLE 6 CANCELLATION

Subject to the application of the provisions relating to the right of withdrawal for contracts concluded at a distance and at home, any cancellation of Services by the Customer after signature of the Contract will only be taken into account if made to the Service Provider, at the latest 48 hours before the scheduled date.

In the event of cancellation after this period, the customer is informed that the sums paid in advance will not be reimbursed (except for the right of withdrawal).

The Service Provider also reserves the right to cancel, suspend or interrupt the Services if, after the Contract has been signed, it finds that the said Services are manifestly incompatible with and/or unsuited to the Customer’s personal situation (illness, pregnancy, particular fragility, disability, age, etc.).

In this case, the Service Provider undertakes to reimburse the Customer for the sums paid in proportion to the Services already performed.

ARTICLE 7 PRICES AND PAYMENT

Prices for Services are set by the Service Provider. These prices may vary according to the type and duration of the Services provided. The Service Provider is subject to VAT.

Prices are as follows :

First consultation (1h): €60 ex VAT (€75 inc VAT)
Follow-up (45 min): €56 excl. tax (€70 incl. VAT)
Couples or with children: €48 excluding VAT (€60 inc. VAT)
Students, unemployed (presentation of proof): €36 excl. tax (€45 incl. VAT)

The prices applicable to the Customer are those currently displayed on the Provider’s reservation website when the appointment is made.

The Customer is hereby informed that the prices of the Services are not reimbursed by social security.

Payment options are : cash, cheque, credit card, bank transfer.

As soon as the Services have been rendered and before payment of the price, a bill or invoice will be issued. This is mandatory when the price of the service is €25 or more (including VAT).

For services costing less than €25 (including VAT), a note is optional, but will be given to the customer on request.

The note will include the following information:

the date, the name and address of the Service Provider, the name of the Customer (unless opposed), the date and place of performance of the Services, a detailed breakdown of the quantity and price of each Service, the total amount to be paid, exclusive of tax and inclusive of all taxes.

ARTICLE 8 DURATION

This Contract comes into force on signature for a period corresponding to the duration of the Services. Depending on the case, it may take the form of a contract for immediate execution (completion of a single appointment) or for successive execution.

ARTICLE 9 CONFIDENTIALITY

The Parties acknowledge the confidential nature of all information and data exchanged between them for the performance of the Contract and undertake to keep them confidential, with the exception of (i) publicly accessible data, (ii) data already known to the Receiving Party.

All confidential information communicated by either Party to the other Party shall be kept by the receiving Party in the same manner as it keeps its own confidential information and shall only be used for the purposes of the Contract. This clause shall remain applicable for a period of FIVE (5) years after the end of the Contract.

ARTICLE 10 LIABILITY

Special provisions applicable to distance contracts In accordance with current legal provisions, the Service Provider is automatically liable to the Customer for the proper performance of the obligations arising from the distance contract. However, the Service Provider may be exempted from all or part of its liability by proving that the non-performance or improper performance of the contract is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.

Subject to the application of the aforementioned imperative provisions concerning contracts concluded at a distance, the Service Provider is only liable in the event of a fault proven by the Customer.

The Customer is solely responsible for the choices he makes and the information he provides to the Service Provider. Accordingly, the Parties agree that the Service Provider shall not be held liable for the unsuitability of a Service Provision to the needs and information expressed by the Customer.

The Service Provider is only liable for the Services expressly assigned to it under this Contract.

The Service Provider is also not liable for any damage caused by the Customer’s communication network or Internet access.

Lastly, the Service Provider may only be held liable for direct damage attributable to it in connection with the performance or non-performance, even partial, of its obligations under the Contract, it being specified that indirect damage is excluded.

Thus, the Service Provider cannot be held liable for any indirect loss, loss of opportunity, loss of data, damage to image or any other special loss or event beyond its control or for any reason not attributable to it.

By express agreement between the Parties, the Service Provider’s liability is limited to the sum of €2,000 for all direct damages, except in the event of a proven breach.

ARTICLE 11 INSURANCE 

The Service Provider holds a professional liability insurance policy to cover any direct personal injury, property damage or consequential loss it may cause in connection with this Contract.

ARTICLE 12 PERSONAL DATA

The Service Provider has access to the Customer’s personal data in order to perform the Services provided under this Agreement.

All of the Customer’s personal data processed by the Service Provider under the Contract are subject to a processing policy in accordance with the provisions of Law no. 78-17 of January 6, 1978 (known as the “Data Protection Act” or “LIL”) and the General Regulation on the Protection of Personal Data (“RGDP”) no. 2016/679.

The Customer acknowledges having read this personal data processing policy at the latest when entering into this Contract and accepts its terms unreservedly.