Term and conditions of sales

General conditions of sale of digitized products online to private consumers

Preamble

These general conditions of sale apply to all transactions concluded on the Best Of Fit Pack website.

The Best Of Fit Pack website is a service of:

  • Company name: ODOCLE
  • Single-member simplified joint stock company with variable capital of 1000 €
  • SIRET: 90417273100013
  • SIREN : 904172731
  • Located at: 836 AVENUE JOLIOT-CURIE 30900 Nîmes – France
  • RCS number: Nimes B 904 172 731
  • Site URL: https://www.bestoffitpack.us.com
  • Email address: support@bestoffitpack.us.com

The customer declares to have read and accepted the general conditions of sale prior to placing the order. The validation of the order therefore implies acceptance of the general conditions of sale.

Article 1 – Content and scope

These general conditions of sale apply as of right to the following products: Sports programs and nutritional advice digitized in PDF format and coaching assistance.

They apply to the exclusion of all other conditions, and in particular those applicable to sales on the internet or through other distribution and marketing channels.

The sale is deemed to have been concluded on the date of acceptance of the order or on immediate purchase by the seller.

Any order or immediate purchase implies unreserved acceptance of these general conditions of sale which prevail over all other conditions, with the exception of those which have been expressly accepted by the seller.

The buyer declares to have taken cognizance of these general conditions of sale and to have accepted them before his immediate purchase or the placing of his order.

Article 2 – Pre-contractual information

Prior to the immediate purchase or the placing of the order and the conclusion of the contract, these general conditions of sale are communicated to the purchaser, who acknowledges having received them.

The following information is sent to the buyer in a clear and understandable manner:

– the essential characteristics of the product;

– the price of the service or the method of calculating the price and, if applicable, all additional costs of transport, delivery or postage and all other possible costs;

– the date or the deadline at which the service provider undertakes to grant access to the product, whatever its price, and any other contractual condition;

– information relating to the identity of the service provider, its postal, telephone and electronic contact details, and its activities;

– the methods provided for handling complaints;

– with regard to digital content any relevant interoperability of this content with certain hardware or software of which the trader is or should reasonably be aware.

The service provider must also communicate to the purchaser, or make available to him, the following information:

– legal status and form, contact details enabling rapid contact and direct communication with him;

Article 3 – Order

By order, it is necessary to understand any order relating to the services appearing on the prices of the salesman.

Any order received by the seller is deemed to be firm and final.

It entails full adherence and acceptance of these general conditions of sale and obligation to pay for the products ordered.

The buyer has a right of withdrawal of 14 days from the conclusion of the contract, except as provided for in article L.211-28 of the Consumer Code. (See article 5).

Article 4 – Execution of the sales contract

Unless expressly specific conditions specific to the sale, delivery of access to digital products will be made immediately after the purchase after creation by the buyer of a User account on the Best Of Fit Pack site.

The buyer will receive a first email immediately after his order asking him to create his account on the site bestoffitpack.us.com .

Once the account has been validated, they will immediately receive their accesses in a second email to benefit from their digital product.

Please note: the contents being downloadable, if a purchased pack is opened (the access logs being proof), it is no longer possible to exchange it. If, for example, the customer buys a men’s pack and ultimately wants a women’s pack, he will not be able to request an exchange if the connection logs show that he has already accessed his pack and that his invoice shows “men’s pack ”.

The only exceptions are:

  • If one of your relatives has already bought a pack from us (for example, your spouse bought the men’s pack and you wanted the woman’s pack). In this case, you will need to give us their email address and their first and last names.

Thank you for your understanding.

Article 5- Exceptions to the withdrawal period

The 14-day withdrawal period does not apply to the situation (s) listed below:

– The service is performed (or started) before the end of the withdrawal period, after the express prior consent of the consumer and express waiver of his right of withdrawal.

The contents of the COMPLETE PACKS products being exclusively digital in the form of videos and PDF files accessible instantly after purchase, the law provides that the right of withdrawal of 14 days does not apply:

13- The supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior consent of the consumer and express waiver of his right of withdrawal.

The legal withdrawal period of 14 days therefore does not apply for products in the form of digital content and therefore to digital products digitized in video and pdf format (FULL PACK) sold on the site www.bestoffitpack.us.com .

The customer who checks the acceptance of the general conditions of sale and clicks on ORDER by purchasing a digitized product on the site www.bestoffitpack.com, the execution of this contract starting immediately after the sale, the consumer explicitly waives his right of withdrawal. for all digital and digitized products sold on the site bestoffitpack.us.com .

The user who has purchased a 100% digital product in the form of PDF and videos on the site www.bestoffitpack.com will therefore not be able to exercise his right of withdrawal 14 days after purchase.

Article 6- Warranty

No guarantees or refunds are possible with our products.

Article 7 – Price

The prices are firm and final. Unless express specific conditions specific to the sale, the prices of the services provided are those appearing in the price catalog on the day of the order.

They are expressed in legal tender and stipulated all taxes included.

Promotional prices are subject to change.

Article 8 – Payment

Unless other terms expressly provided for in the special conditions, payment of the price is made in cash when ordering. No order can be taken into account in the absence of full payment by this date.

Payments made by the buyer will only be considered final after effective collection of the sums due by the service provider.

An invoice will be given to the buyer on request.

Article 9 – Acceptance of the conditions of use of the programs

The use of programs or ebooks sold on the site www.bestoffitpack.com does not replace medical monitoring and cannot replace any medical advice or treatment. The programs and advice sold on the site www.bestoffitpack.com cannot apply to a particular individual, are not guidelines to be followed and cannot replace personal follow-up by a coach or qualified dietitian.

All sports programs sold on the site www.bestoffitpack.us.com have been previously validated by a state certified sports coach (Pro Card: 08320ED0220)

A medical certificate must be requested before any use of the programs on the site www.bestoffitpack.com

SASU ODOCLE and the www.bestoffitpack.us.com site cannot be held responsible for any injury or medical problem due to the use of the programs sold on the www.bestoffitpack.us.com .

The coach (s) who have validated the sports programs sold on the site www.bestoffitpack.us.com cannot also be held responsible in the event of injuries or any medical problem related to the use of the programs or the nutritional guide.

The videos of the exercises contained in the programs sold on the site www.bestoffitpack.us.com are examples of execution, do not take into account a possible pathology or a particular morphology and cannot be adapted or applied to all individuals. They serve as an example and must not be reproduced without consulting a health professional or a specialized sports educator.

People suffering from intolerances, allergies or any pathology should not use the programs sold on the site www.bestoffitpack.us.com .

Pregnant or breastfeeding women should not use programs sold on www.bestoffitpack.us.com

Minors (except written and signed parental authorization) should not use the programs sold on the site www.bestoffitpack.us.com

Due to a number of important factors inherent to each individual, SASU ODOCLE cannot guarantee precise results concerning the use of the programs sold on the site www.bestoffitpack.us.com

The nutritional advice given in the Best Of Fit Pack programs sold on the site www.bestoffitpack.us.com , by email and on Facebook cannot replace nutritional monitoring with a dietician or nutritionist doctor and are not indications to be followed but examples. general not applicable to a particular individual.

The food plans sold on the site www.bestoffitpack.us.com serve as examples and cannot replace nutritional monitoring with a dietician or a nutritionist. They do not have to be tracked and also cannot adapt to a particular individual. They do not serve as coaching or guidelines to follow, but only as examples and information sharing.

You should never make major changes in your diet without notifying a healthcare professional first.

Before any physical activity or any change in your diet, you are required to check with a healthcare professional that you do not have any health problems or food allergies.

SASU ODOCLE and the site www.bestoffitpack.com cannot be held responsible for any injury or medical problem due to non-compliance with these general conditions and the application in the strict sense of the term of the nutritional and sports programs sold on this site.

By clicking on ORDER and purchasing a digital product on the site www.bestoffitpack.us.com , the user acknowledges having made the necessary arrangements with a health professional, having understood that the sports and nutritional programs sold on the site www.bestoffitpack.us.com are examples and not guidelines and declare that they have no health problems or allergies. He also declares to have obtained a medical certificate of no contraindication to sports practice and unreservedly accepts the general conditions of sale of the site www.bestoffitpack.us.com

Article 10 – Intellectual property

Best Of Fit Pack is a registered trademark at INPI No. 21 4 728 054. All documents sold on the Best Of Fit Pack site have been registered.

All pdf documents, guides, training programs and videos contained in the packs sold on the Best Of Fit Pack site and given to buyers remain the exclusive property of SASU ODOCLE, the sole holder of the intellectual property rights on these documents.

Customer buyers undertake not to make any use of these documents other than within the framework of personal use, likely to infringe the industrial or intellectual property rights of the supplier and undertake not to disclose them to any third party.

The resale of products sold on the site www.bestoffitpack.com or their use in a commercial context is strictly prohibited.

Article 11 – Competent court

All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which would not have could be resolved amicably between the seller and the customer, will be submitted to the competent courts under the conditions of common law.

For the definition of the competent court, the seller elects domicile at 836 avenue Joliot-Curie 30900 Nîmes – France

Article 12 – Language of the contract

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.

Article 13 – Mediation and dispute resolution

The buyer can resort to conventional mediation, in particular to the Consumer Mediation Commission or to existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

In the event of a dispute, the contact details of the mediator to whom the buyer can contact are as follows: FEVAD e-commerce mediation, Bernard SIOUFFI, 59 boulevard Vincent Auriol, 75703 PARIS CEDEX 13, mediateurduecommerce@fevad.com.

In accordance with article 14 of Regulation (EU) n ° 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals of the ‘European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/ .

Article 14 – Applicable law

These general conditions are subject to the application of French law.

This is the case for the substantive rules as well as for the formal rules. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.

Article 15 – Protection of personal data

Data collected:

The personal data collected on this site are as follows:

– account opening: when creating the user’s account, their name; first name ; email address ; Phone Number ; address ;

– connection: when the user connects to the website, the latter records, in particular, his name, first name, connection, use and location data and his payment data;

– profile: the use of the services provided on the website makes it possible to enter a profile, which may include an address and a telephone number;

– communication: when the website is used to communicate with other members, the data concerning the user’s communications are temporarily stored;

– cookies: cookies are used as part of the use of the site. The user has the option of deactivating cookies from their browser settings.

Use of personal data

The personal data collected from users is intended to provide website services, improve them and maintain a secure environment. More specifically, the uses are as follows:

– access and use of the website by the user;

– management of the operation and optimization of the website;

– organization of the conditions of use of the Payment Services;

– verification, identification and authentication of data transmitted by the user;

– offering the user the possibility of communicating with other users of the website;

– implementation of user assistance;

– personalization of services by displaying advertisements based on the user’s browsing history, according to their preferences;

– prevention and detection of fraud, malware (malicious software) and management of security incidents;

– management of any disputes with users;

– sending of commercial and advertising information, according to user preferences.

Sharing personal data with third parties

Personal data may be shared with third-party companies in the following cases:

– when the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;

– when the user publishes publicly accessible information in the free comment areas of the website;

– when the user authorizes the website of a third party to access his data;

– when the website uses the services of providers to provide user support, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable data protection regulations. staff ;

– if the law requires it, the website can carry out the transmission of data to respond to complaints made against the website and to comply with administrative and legal procedures;

– if the website is involved in a merger, acquisition, transfer of assets or bankruptcy proceedings, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed, before personal data is transferred to a third party.

Security and confidentiality

The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.

Implementation of user rights

In application of the regulations applicable to personal data, users have the rights mentioned below, which they can exercise by making their request to the following address: contact@bestoffitpack.com

  • The right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, the website may request proof of the user’s identity in order to verify its accuracy.
  • The right to rectification: if the personal data held by the website is inaccurate, they may request the updating of the information.
  • The right to delete data: users can request the deletion of their personal data, in accordance with applicable data protection laws.
  • The right to limit processing: users can ask the website to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.
  • The right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.
  • The right to portability: they can request that the website provide them with the personal data provided to it in order to transmit them to a new website.

Evolution of this clause

The website reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the modification by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.

Article 16 – Coaching Assistance

Depending on the offer purchased and if the order mentions it, the customer may claim coaching assistance.

The duration of this assistance is effective from the date of purchase and according to the duration conditions fixed during the order, the confirmation email being proof.

Coaching assistance aims to help the client understand his programs and advise him on the possible choices.

The coaches are well-being advisers, they can help answer questions about the sports and nutritional programs contained in the pack but can in no way replace a specialized sports educator or a nutritionist doctor.

The advice given by the coaches cannot be followed strictly without prior medical or professional advice and is intended only for experience sharing and advice.

The coaches respond within 48 hours maximum from Monday to Saturday excluding Sundays and holidays.

Coaches can only respond by messenger on the Best Of Fit Pack Facebook page or by email.

Coaches do not make personalized sports and nutrition programs based on client profiles.

The coaches cannot be held responsible in the event of a problem due to the use of the programs sold on the site www.bestoffitpack.com or the follow-up of the advice given by email and on the Facebook Best Of Fit Pack page via the messenger chat.

Please note, please indicate the email address used when ordering at the first contact on Facebook or write to us from the order email address on our mailbox. All questions not identified by email address will not be processed by the coaches.