The purpose of these general terms and conditions of sale is to define the conditions under which ÔRA STUDIO (the Studio) offers for sale its Pilates, yoga classes and other associated services.
These general terms and conditions of sale apply to the exclusion of all other conditions, and in particular those applicable for sales in stores or through other distribution and marketing channels.
They are accessible on the website www.oraconcepts.fr and will prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general terms and conditions exclusively govern their relationship.
They will be applicable as soon as they are posted online.
If a sales condition were to be missing, it would be governed by the practices in force in the distance selling sector between companies having their headquarters in France.
To benefit from the services of ÔRA STUDIO (the Studio), the member enters into a membership contract (the membership contract) with D.Z Company, SAS registered with the Paris RCS under number 983 752 569 00019, with headquarters at 25 rue de Ponthieu in Paris (75008), hereinafter referred to as "The Company"
The member declares having read these general terms and conditions of sale and having accepted them before signing their contract.
2-1- Prior to the conclusion of the contract, these general terms and conditions of sale are communicated to the member, who acknowledges having read them and having accepted them without reservation as well as the Studio's internal regulations, all of these elements being available at the Studio reception and on the website www.oraconcepts.fr
3-1 - Subscription to a membership contract is only possible for an adult, or a minor aged over 16 years subject to parental authorization.
The membership contract is personal and non-transferable.
3-2. The buyer has the possibility to make their membership or purchase a service online on the website www.oraconcepts.fr and by means of the form that appears there, for any service and within the limit of available places.
For the membership or purchase to be confirmed, the buyer must accept, by clicking in the indicated place, these general terms and conditions, it being specified that this acceptance means that they have read them beforehand, and that they approve them without reservation in their entirety.
The sale will be considered final after sending to the buyer the confirmation of acceptance of the order by the Studio by email and after payment of the price of the chosen service or if it is an annual membership with payment by SEPA direct debit, after the first debit.
Any order constitutes acceptance of the prices and description of the courses offered.
The prices for membership, yoga classes and associated services are indicated on the website www.oraconcepts.fr
They are expressed in euros and all taxes included.
The member will pay their membership in accordance with the terms provided for in the membership contract, either by installments debited monthly from a bank account or by cash payment.
Whatever the reason given, the contract cannot be terminated and payments are not refundable.
However, for the annual subscription with a firm commitment of 11 months, the contract remains non-refundable, except in the following cases, upon presentation of supporting documents:
Exceptionally, the contract may also be suspended or terminated in cases of duly established force majeure (death, natural disaster, administrative decision or any other circumstance making contract execution impossible).
From the signing of the membership, the member will be able to access the Studio's yoga classes.
Yoga classes are provided on the days, times and places communicated during membership by any display and document communicated by the Studio and on the website www.oraconcepts.fr.
The member undertakes to present themselves at the agreed time and to respect the Studio's operating rules. The teacher remains free to refuse any person after the start of the class and without any refund.
The member certifies that their physical condition and state of health allow them to practice the Studio's activities. They must provide a medical certificate of fitness to practice sports; if this is not the case, the member releases the Studio from any responsibility in the event of any problems that may arise from a medical standpoint.
In the absence of a medical certificate, the member is obliged to complete, date and sign the waiver to be downloaded and submitted to the Studio.
This document will not be taken into account once the member has submitted a valid certificate.
In the event of a change in their state of health, the member is obliged to inform the Studio, which reserves the right to request a medical certificate.
The Studio is under video surveillance 24/7. This data is placed under the protection of personal data and archived for a maximum of 30 days. It is then automatically deleted by the computer management system (IT and Freedom Law of January 6, 1978 amended in 2004 and EU Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 applicable from May 25, 2018)
All disputes to which purchase and sale operations concluded in application of these general terms and conditions of sale could give rise, concerning both their validity, their interpretation, their execution, their termination, their consequences and their follow-up and which could not have been 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 competent jurisdiction, the Studio elects domicile at 25 rue de Ponthieu in Paris (75008).
These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text would prevail in the event of a dispute. The fact that, where applicable, the usual exchanges between the seller and the consumer take place totally or partially in a language different from French, cannot in any case be considered as a waiver of the application of these general terms and conditions of sale or any of its stipulations.
The member may resort to conventional mediation, particularly with the Consumer Mediation Commission or existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
The personal data collected on this site (or "Platform") are as follows:
When creating the user account, their last name, first name, email address and date of birth.
When the user connects to the Platform, it records, in particular, their last name, first name, connection, usage, location data and payment-related data.
The use of the services provided on the Platform allows you to fill in a profile, which may include an address and a telephone number.
As part of the payment for products and services offered on the Platform, it records financial data relating to the user's bank account or credit card.
When the Platform is used to communicate with other members, data concerning the user's communications are temporarily stored.
Cookies are used as part of the use of the site. The user has the option to disable cookies from their browser settings.
The personal data collected from users is intended to provide the Platform's services, improve them and maintain a secure environment. More specifically, the uses are as follows:
Personal data may be shared with third-party companies in the following cases:
Due to the organization of the company responsible for the Platform, within an international group, the user authorizes the Platform to transfer, store and process their information in the United States. The laws in force in this country may differ from the laws applicable in the user's place of residence, within the European Union. By using the Platform, the user consents to the transfer of their personal data to the United States. In this case, the Platform remains responsible for personal data that is shared with third parties, in accordance with the European Commission's adequacy decision of July 10, 2023 finding that the United States ensures a level of protection equivalent to that of the EU.
The Platform implements organizational, technical, software and physical measures regarding digital security to protect personal data against alterations, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the Platform cannot guarantee the security of the transmission or storage of information on the internet.
In application of the regulations applicable to personal data, users have the following rights:
The Platform 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 Platform undertakes to publish the new version on its site. The Platform will also inform users of the modification by email, 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, they have the option to delete their account.
This clause only applies if the member has registered on the website www.oraconcepts.fr and does not apply to registrations made at the Studio.
In accordance with the provisions of the consumer code, the buyer has a period of 14 working days from the date of conclusion of the contract, to express their intention to withdraw, without reason or penalty, either by registered letter with acknowledgment of receipt addressed to the Studio at the following address: 178 rue du Faubourg Saint-Honoré, 75008 Paris, or by email to the following address: contact@oraconcepts.fr.
The member may use the withdrawal form template downloadable from the website www.oraconcepts.fr or write their own letter which must imperatively contain their last name, first name, postal address and the date of registration. In case of incomplete mention or error, the withdrawal request cannot be taken into account.
If the 14th day falls on a weekend or a public holiday, the right of withdrawal will expire at the end of the first following working day.
The Studio undertakes to issue a credit note to the member within fourteen (14) days following the communication of their decision to withdraw. This credit note will be valid for a period of twelve (12) months from its issue date and may be used for any service offered by the Studio.
If the member decides to exercise their right of withdrawal and has not participated in the classes provided by the Studio, they will receive a credit note corresponding to the amount of the subscription paid or the service purchased.
If the member decides to exercise their right of withdrawal, but has started to attend classes and benefit from the services offered by the Studio before the end of the withdrawal period, they acknowledge that the Studio will retain part of the subscription amount, pro rata, until the day of notification of withdrawal or the service purchased.
Regarding the annual membership: The annual membership constitutes a firm commitment for a period of eleven (11) months. The full year is due, except in cases of duly justified force majeure (see Article 3-5).
*All payments made for a class, treatment, package or any other service are final and non-refundable.