CGV Studio
ARTICLE 1 - Scope of application
These General Terms and Conditions of Sale and Provision of Services (hereinafter, the "General Terms and Conditions") apply, without restriction or reservation, to all sales of Products and Services made in situ or from the https://thenextdoor.fr/ (hereinafter, the "Site") belonging to TND Intl, whose registered office is located at 10 rue Beaurepaire 75010 Paris, registered with the Paris Trade and Companies Register under number 841002652 and operating under the trade name The Next Door (hereinafter, " The Next Door") to buyers (hereinafter, the "Customer") wishing to purchase Products (hereinafter, the " Products ") or benefit from the services (hereinafter, the "Services") offered by TND Intl, within its studio.
The purpose of the General Conditions Object is to define the rights and obligations of the parties in the context of the sale or online sale of Products and Services offered by TND Intl to the Customer, from the site, or within its studio.
The fact that the Customer orders Products and Services on the https://thenextdoor.fr/ site implies full acceptance of these General Terms and Conditions, which prevail over all other conditions, in particular those applicable to sales in the studio.
The Customer declares that he/she has read these General Terms and Conditions and accepts them unreservedly before purchasing a Product or Service. In this respect, they are enforceable against him/her in accordance with the terms of article 1119 of the French Civil Code.
The sale of Products or Services is deemed concluded on the date of validation of the order or payment of Prices by the Customer.
These General Terms and Conditions may be subject toObject subsequent modifications, and the version applicable to the Customer's purchase is the one online on the Site at the date the order is placed.
The General Terms and Conditions are available at TND Intl's registered office and on the Site and shall prevail, where applicable, over any other version or any other contradictory document.
The Customer acknowledges having the capacity required to contract and acquire the Products and Services offered by TND Intl.
ARTICLE 2 - Pre-contractual information
Article 2.1:
The Customer acknowledges having been informed, prior to placing his order, in a legible and comprehensible manner, of the present General Conditions and of all the information listed in article L221-5 of the Consumer Code.
Article 2.2:
The following information is provided to the Customer in a clear and comprehensible manner:
The essential characteristics of the Services.
The Prices of the Services and related charges.
In the absence of immediate execution of the contract, the date or deadline by which TND Intl undertakes to execute the Service, regardless of its Prices.
Information relating to TND Intl's identity, postal, telephone and electronic contact details, and activities.
Information relating to legal warranties, the functionalities of digital content and, where applicable, its interoperability, the existence and terms of implementation of warranties and other contractual conditions.
Article 2.3:
TND Intl provides the Customer with the following information:
Its name or corporate name, the geographical address of its establishment and, if different, that of the head office, its telephone number and e-mail address.
The terms of payment, delivery and execution of the contract, as well as the terms foreseen by TND Intl for the treatment of complaints.
In case of sale, the existence and terms of exercise of the legal guarantee of conformity provided for in Articles L. 217-1 and following of the Consumer Code, the guarantee of hidden defects provided for in Articles 1641 et seq. of the Civil Code, as well as, where appropriate, the commercial guarantee and after-sales service respectively referred to in Articles L. 217-15 and L. 217-17 of the Consumer Code.
The duration of the contract, when it is concluded for a fixed term, or the conditions of its termination in case of a contract for an indefinite term.
Article 2.4:
TND Intl indicates, with regard to digital content:
Any relevant interoperability of this content with certain hardware or software of which TND Intl has or should reasonably have knowledge.
ARTICLE 3 - Description of the Services
The Customer has the possibility to order Services online on the Site subject to stock and availability. TND Intl offers different types of Services defined and priced in Annex 1 hereof.
The Services are described and presented with the greatest possible accuracy on the Site. However, TND Intl cannot be held responsible for any errors or omissions in this presentation.
ARTICLE 4 - Conditions of access to the Services and internal rules
To ensure the proper functioning and security of the Services and to allow each Customer to participate, access to the Services is subject to the following rules:
- The customer must arrive 10 minutes before the course start time. For safety reasons resulting from the need to take part in the warm-up session, customers will not be able to take part in the class if they arrive more than 5 minutes late.
- Cards and subscriptions are personal and cannot be transferred to a third party.
- The start time of the Services will not be postponed if the Customer is late for any reason whatsoever.
- The Customer must comply with TND Intl's internal rules and regulations, failing which he/she will be expelled from the course without refund.
ARTICLE 5 - Placing an order
Article 5.1 - Order conditions :
The Customer must be of legal age at the time of placing the order.
If a Service is unavailable, the Customer will be informed either directly by a message on the Site or by e-mail.
By ordering the Services, the Customer certifies that he/she has ensured that he/she is not theObject of any contraindication to the practice of sport and more particularly to the activities offered by TND Intl.
As the number of places for each course is limited, the Customer is advised to book his/her courses either on the Site or at The Next Door.
Article 5.2 - Electronic signature
The online provision of the Customer's bank card number or IBAN and the final validation of the order shall constitute proof of the Customer's agreement to:
payment of the sums due for the order.
signature and express acceptance of all operations carried out.
In the event of fraudulent use of the credit card, the Customer is invited to contact TND Intl.
Article 5.3 - Order validation
For the order to be validated, the Customer must accept the present General Terms and Conditions by clicking where indicated.
The order will be considered definitive on the date of validation of the order or payment of Prices by the Customer.
Any order implies acceptance of Prices and descriptions of the Services available for sale. Any dispute on this point will be settled within the framework of a possible exchange and the guarantees mentioned below.
For any question relating to the follow-up of an order, the Customer should call 01.42..00.10.20 during opening hours or send an e-mail to the following address: [email protected].
Computerized registers, kept in TND Intl's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
ARTICLE 6 Prices
The Products and Services are provided at the Prices prices shown on the Site. The Prices of the Services is detailed on the studio's website - page "Prices". TND Intl reserves the right to modify its Prices prices at any time, but undertakes to apply the prices in force at the time the order is placed, subject to availability on that date.
All Prices prices are in Euros and include VAT.
The Prices prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the Internet Site and at TND Intl and indicated before the order is validated. The Prices prices take into account the VAT applicable on the day of the order. Full payment of Prices must be made at the time of ordering.
The Prices card and subscription order may be paid in several instalments according to a schedule defined by mutual agreement with TND Intl.
ARTICLE 7 - Terms of payment
Unless otherwise agreed by TND Intl, Prices is payable in cash, in full, on the day the order is placed by the Customer:
- Either by secure payment on the Website, by credit cards: Visa, MasterCard, American Express, other blue cards, SEPA Direct Debit.
- Or by cheque, credit card, SEPA Direct Debit or cash directly to TND Intl.
In the case of payment by cheque, the cheque must be issued by a bank domiciled in metropolitan France or Monaco. Cheques are cashed on receipt.
Furthermore, TND Intl reserves the right, in the event of non-compliance with the above payment conditions, to suspend or cancel the delivery of orders placed by the Customer, and to deny the Customer access to the courses.
ARTICLE 8 - Availability of Services
For reasons of organization of resources and availability of places for lessons, reservations for group lessons and private lessons must be cancelled by 12 noon for group lessons.
In the event of failure to cancel within the mandatory twelve-hour deadline prior to the start of the group lesson, the amount or duration of the lesson will be due and deducted from the card or subscription.
If this penalty is not paid, the customer will not be able to access a future lesson.
Group and private lessons cannot be rescheduled if the customer arrives late.
It is not possible to cancel a reservation for a workshop.
- In the event of the Customer's permanent impediment for health or professional reasons, and upon presentation of appropriate proof within a maximum period of 3 (three) months from the date of order, the Customer - benefiting from a subscription valid for one (1) year or a card valid for a maximum period of 9 (nine) months - will be reimbursed on a prorata temporis basis for Services already consumed according to the calculation methods for single lessons (cf. article 2 of the present document) less charges (VAT, administration fees, etc.).
- In the event of the Customer's temporary impediment for health or professional reasons, and on presentation of appropriate supporting documents within a maximum period of 3 (three) months from the date of the order, the Customer may request to extend the period of validity of his contract by a period equivalent to the impediment.
If this penalty is not paid, the Customer will not be able to access a future course.
If fewer than 3 people register for a course 4 hours beforehand, it is automatically cancelled.
ARTICLE 9 - Right of withdrawal
In accordance with the legal provisions in force, if the Customer has purchased the Services on the Internet Site, the Customer has a period of fourteen days from the delivery of Products or the order of the Services to exercise his right of withdrawal from TND Intl, without having to justify his reasons or pay any penalty, for the purpose of exchange or reimbursement.
The right of withdrawal can be exercised at TND Intl, using the withdrawal form available on site, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by TND Intl, or any other statement, unambiguous, expressing the will to withdraw.
Put the model retraction form or a link to access it
If the right of retraction is exercised within the aforementioned period, only the Prices of the Services purchased on the Website and the delivery costs will be reimbursed.
The exchange or refund will be made within 8 (eight) days of receipt by TND Intl of the withdrawal request.
If, with the Customer's agreement, the Services have been fully executed before the end of the withdrawal period, the Customer expressly waives his right of withdrawal.
Services already performed for which the right of withdrawal is exercised within a period shorter than that stipulated for their cancellation according to the price list consultable on the site, cannot be reimbursed.
ARTICLE 10 - Warranty and liability
The Services comply with the regulations in force in France and are marketed to non-professionals.
The Services are provided by experienced professionals who are responsible for their implementation.
Courses may be cancelled at any time by TND Intl without having to justify the reasons for the cancellation, provided that Customers are given at least 2 (two) hours' notice.
In particular, such cancellation may occur if fewer than 1 student is enrolled, if the teacher is unable to attend, or in the event of a problem at TND Intl's premises.
In this case, courses will be credited in the form of course units for cards and subscriptions; the same applies to single purchases, which cannot be reimbursed.Object .
TND Intl also reserves the right to cancel courses at any time and without notice in the event of a safety problem.
TND Intl provides customers with a changing room and lockers. Customers' belongings remain their sole responsibility, and TND Intl cannot be held liable for any loss, damage or theft, insofar as no fault can be attributed to TND Intl or its facilities.
The Customer acknowledges that he/she has full knowledge of the nature of the physical exercises practised in the context of the courses and sessions that he/she has ordered from TND Intl, and certifies on his/her honour that his/her physical constitution and state of health allow him/her to practise sport in general, and more particularly to practise the activities ordered from TND Intl.
The Customer releases TND Intl, its directors and members from all claims and legal action relating to injury or damage to his/her person caused in any way whatsoever arising out of or in connection with the activity.
The Customer agrees to assume all risks and consequences related to the activity performed at TND Intl.
In any event, the Customer undertakes to inform TND Intl of his/her medical history and to provide TND Intl with a medical certificate less than three months old when required by the teachers.
If the medical certificate indicates that the Customer is not fit to practice the activity ordered, TND Intl is entitled to terminate without notice or compensation the contractual relationship with the Customer concerned, who will be reimbursed for all or part of the Services ordered depending on the Services already performed.
ARTICLE 11 - Protection of personal data
In accordance with Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, TND Intl implements the processing of personal data, the purpose of which is the sale and performance of the Services defined in these General Terms and Conditions.
TND Intl undertakes to ensure the protection of Customers' personal data and of all personal data obtained in the course of using the Site.
The Customer is informed of the following:
- TND Intl, whose contact details appear at the beginning of this document, is responsible for the processing.
- Customer personal data is processed for the purpose of fulfilling orders placed by the Customer on the Site.
- There are no plans to transfer customers' personal data outside the European Union
- Customers' personal data is stored for the time required to fulfill the contract.
Customers concerned by the processing of their personal data have the right to ask the data controller for access to their personal data, for it to be rectified or erased, or for the processing of data relating to the person concerned to be restricted, or to object to the processing and the right to data portability.
This right may be exercised by writing to TND Intl at 01.42.00.10.20 or at [email protected], providing proof of identity.
Customers concerned by the processing of their personal data have the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés.
The personal data requested at the time of the order is necessary for invoicing (legal obligation), without which the order cannot be placed.
No automated decision or profiling is implemented through the ordering process.
The Site uses cookies.
A cookie is a computer file stored on the hard disk of the customer's computer.
Its purpose is to indicate a previous visit to the Site and it therefore does not allow identification or constitute Personal Information.
Cookies are only used by TND Intl to personalize the service offered.
The Customer may refuse to accept cookies by configuring his/her Internet browser, which may make it impossible to access certain services.
ARTICLE 12 - Intellectual property
The content of the Website is the property of TND Intl and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
In addition, TND Intl retains ownership of all intellectual property rights to photographs, presentations, studies, drawings, models, prototypes, etc. produced (even at the Customer's request) with a view to the supply and presentation of Products and Services.
ARTICLE 13 - Miscellaneous clauses
ARTICLE 13.1 - Independence of clauses
If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations shall retain all their force and scope.
ARTICLE 13.2 - Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these General Terms and Conditions shall not be interpreted for the future as a waiver of the obligation in question.
ARTICLE 13.3 - Language of the contract
The present General Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 13.4 - Applicable law
These General Terms and Conditions are governed, interpreted and applied in accordance with French law. In the event of any dispute arising in connection with the performance, termination or interpretation of the General Terms and Conditions, the parties shall endeavor to settle their dispute amicably.
The Customer is hereby informed that, in the event of a dispute, he/she may have recourse to conventional mediation, with existing sectoral mediation bodies, or to any other alternative dispute resolution method (conciliation, for example).
Subject to the applicable legal provisions of public order, any dispute arising from or in connection with the validity, performance, interpretation or formation of these General Terms and Conditions shallObject be submitted, as a matter of priority, to the Company for an amicable solution and, failing conciliation, to the exclusive jurisdiction of the courts of Paris (France).
In addition, you have the right to initiate a mediation procedure by contacting the following mediator(s):
Center de Médiation et de la Consommation de Conciliateurs de Justice (14 rue Saint-Jean 75017 Paris, 01 89 47 00 14).
The mediator(s) will attempt, independently and impartially, to reach an amicable settlement of the dispute.
Article 14 - Compliance with TND's internal regulations
The Customer must comply with TND Intl's internal rules, which are reproduced in the appendix, on pain of expulsion from the course without reimbursement.
Appendix 1 "Details of Services and Prices".
This Appendix describes the Services and Tariffs applicable as of January 1, 2020.
TND Intl offers different types of Services, namely :
- Regular group courses according to time-based formulas or subscriptions
- Online courses
- Private courses
Appendix 2: Rules of Procedure :
The Client acknowledges that he/she has full knowledge of the nature of the physical exercises practiced during the courses and sessions that he/she has ordered from TND Intl, and certifies on his/her honor that his/her physical constitution and state of health allow him/her to practice sports in general, and more specifically to practice the activities ordered from TND Intl.
The activity is practiced barefoot or in socks in the Studio.
The client agrees to:
- To have an adequate dress: comfortable and which allows the movement
- To have an irreproachable body hygiene.
- Not to behave in a way that is dangerous to oneself or to others.
- Not to attempt any movements or figures that have not been previously requested by the teacher.
- Not to damage the equipment or the premises.
Access to the studio is forbidden:
- Minors without parental permission,
- People who are intoxicated, under the influence of drugs or dangerous medication,
- Animals,
- Food in the classroom and in the locker rooms.
It is forbidden to smoke and drink alcohol in the premises.
After 5 minutes of delay, no student will be admitted to class. In this case, no refund, neither total nor partial, will be considered in case of delay on the part of the student and/or his refusal by the teacher.
No spectators are allowed during class.
Injured and pregnant persons are not allowed to attend a generic class.
TND Intl does not accept any responsibility in the event that a person with the above-mentioned health condition participates in the class.
It is the responsibility of the Client/Student to inform the teacher prior to the class if she is pregnant, as well as any pain or injury, so that he/she can pay special attention to the Client during the class.
It is also the student's responsibility to practice in good health and TND Intl declines all responsibility for any injuries that may result from not following the teacher's instructions.
Any class started is due in its entirety.
All cancellations must be made at least 12 hours in advance.
Otherwise, unless a medical or professional justification is presented, the class will be due. To be paid or deducted directly from your course card.
The rules of good neighborliness and community life, and in particular respect for others, must be scrupulously respected. Disrespectful, abusive, racist, sexist, homophobic, transphobic or grossophobic behavior aimed at making participants or team members feel uncomfortable, etc., will not be tolerated and may result in exclusion without reimbursement.
Any attendance at a class, even as a mere spectator, is considered as an enrolment and is therefore subject to the fees in force, unless agreed otherwise by the management.
The management reserves the right to cancel a class if the number of students is less than one. In this case, the class will not be counted.
Cell phones must be switched off or set to silent mode during lessons.
Silence and discretion are required on arrival and departure to ensure that classes run smoothly.
Students, instructors and teachers are required to respect basic safety rules, to read signs concerning fire prevention measures and to follow their instructions.
The classroom, checkroom and sanitary facilities must be left in a clean and tidy condition.
TND Intl cannot be held responsible for personal injury resulting from the practice of the activity, nor for theft or damage to personal belongings suffered by students, teachers or instructors.
Anyone wishing to be covered for this type of risk is advised to contact their insurance company.
The customer certifies that he/she has civil liability insurance.
Gift cards are valid for the same period as cards and subscriptions, and will not be exchanged or refunded.
Course cards and subscriptions cannot be used by their holders beyond their validity date.
The period of validity of the card or subscription cannot be extended except on presentation of medical or professional justification.
Course cards and subscriptions are non-exchangeable and non-refundable.
The studio is open every day, but the management reserves the right to change these vacation periods.
Lessons cannot be recuperatedObject within the framework of subscriptions during this vacation period.