Between Patricia Tschopp, represented by herself and the brands YogaInMauritius or YogaMauritius (hereinafter, “PAT”) on the one hand, and the individual or legal entity purchasing products or services from the company (hereinafter, “the Buyer” or “the Customer”) on the other hand.
It has been set out and agreed as follows:
Clause n° 1: Subject
The general conditions of sale described hereafter detail the rights and obligations of PAT and the Customer in the context of the sale of the following goods related to PAT
- books, video, audio and information
- online trainings
- tickets for events
- publications in all media (paper, audio, electronic) on www.yogamauritius.com
Any service provided by PAT implies the unconditional acceptance by the Buyer of these general conditions of sale.
Clause n° 2: General provisions
These General Conditions of Sale (GCS) apply to all sales of Products, made through the websites of PAT which are an integral part of the Contract between the Buyer and MAT.
PAT reserves the right to modify the present terms and conditions at any time by publishing a new version on its website.
The applicable GTC are those in force at the date of payment (or the first payment in case of multiple payments) of the order.
These terms and conditions are available on the websites of PAT.
PAT also ensures that their acceptance is clear and without reserve by putting in place a check box and a validation click.
The Customer declares that he has read all the present General Conditions of Sale, and if necessary, the Special Conditions of Sale related to a product or a service, and accepts them without restriction or reservation. The Customer acknowledges that he/she has received the necessary advice and information to ensure that the offer meets his/her needs. The Customer declares to be able to contract legally under the laws or to validly represent the physical or moral person for whom he engages.
Unless proven otherwise, the information recorded by PAT constitutes proof of all transactions.
Clause n° 3: Prices
The prices of the goods sold are those in force on the day of the order. They are denominated in Mauritian Rupees, Euros or Swiss Francs and calculated without taxes. Consequently, they will be increased by the VAT rate applicable on the day and the country of the order.
PAT grants itself the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated at the time of the registration of the order.
Clause n° 4: Discounts and rebates
The proposed prices include the discounts and rebates that PAT would have to grant taking into account its results or the assumption of responsibility by the purchaser of certain services.
Clause n° 5: Discount
No discount will be granted in case of advance payment.
Clause n° 6: Terms of payment
The payment of the orders is made:
- either by credit card;
- or via PayPal;
- or by bank transfer.
When registering the order, the Buyer must pay the total amount of the invoice, except in the case where a payment facility is offered. In this case, the Buyer must pay the amount indicated at the time of purchase and undertakes to respect the payment deadlines indicated.
Clause 7: Conclusion of the online contract
The Customer will have to follow a series of steps specific to each Product offered by PAT to be able to make his order. However, the steps described below are systematic:
- Information on the essential characteristics of the Product;
- Choice of the Product, its options if any and indication of the essential data of the Customer (identification, address…);
- Acceptance of the present General Terms and Conditions of Sale.
- Verification of the elements of the order and, if necessary, correction of errors.
- Follow-up of the payment instructions and payment of the products.
In order to complete the order, the Customer agrees to provide true identification.
PAT reserves the right to refuse the order, for example, for any abnormal request, made in bad faith or for any legitimate reason.
Clause n° 8: Cancellation period
As from the date of purchase on the sites of PAT, the Customer has a 7 days deadline to retract. He informs PAT by registered letter with acknowledgment of receipt. In this case, no sum can be required of the Customer.
This right of withdrawal excludes any digital content provided on an immaterial support whose execution began with the agreement of the Client. In this case, the refund policy will be indicated for each respective Product.
Clause 9: Intellectual property rights
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of PAT. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Clause n° 10: Invalidity and modification of the contract
If one of the stipulations of the present contract were to be nullified, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
Clause n° 11: Protection of personal data
In accordance with the rules of ethics, you have the right to interrogate, access, modify, oppose, and rectify any personal data concerning you. By adhering to these general conditions of sale, you agree that we collect and use these data for the realization of the present contract. By entering your email address on one of the sites of our network, you will receive emails containing information and promotional offers concerning products published by PAT and its partners. You can unsubscribe at any time. You can unsubscribe at any time by clicking on the link at the end of our emails or by contacting the data controller by registered letter. We carry out on all our sites a follow-up of the frequentation.
Clause n° 12: Limitation of responsibility
The responsibility of PAT towards the Client is limited to the compensation of the direct damage proven by the Client and is in any case limited to the amount paid by the Client for the service provided.
In no case, the responsibility of PAT could be engaged for indirect damage such as loss of data, files, operating loss, commercial loss, loss of profit, or damage to the image and reputation.
In all cases, the responsibility of PAT cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in the present general conditions of sale results from a case of force majeure. In this respect, force majeure means any external, unforeseeable, and irresistible event.
Clause n° 13: Competent court
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to Mauritian law.
In the absence of an amicable resolution, the dispute will be brought before the Court of Port Louis, Mauritius.