PREAMBLE :

  1.  Date of last update of these general conditions of sale: 06/23/2023
  1. These constitute the general conditions of online sales carried out by the company LHC GROUP FZ LLC (as identified in 3.1 below) via the website fitbysonia.com (together hereinafter the “website”).
  2. The various parties involved in the creation and monitoring of the website are as follows:

3.1 The website is published and operated by the company LHC GROUP FZ LLC (hereinafter: the “Company” or LHC GROUP ).

The Company may be contacted using the following contact details:

Email: contact@fitbysonia.com

3.2 Furthermore, it is stated that:

(i) the owner and creator of the website is LHC GROUP FZ LLC;

(ii) the publisher of the website is: LHC GROUP FZ LLC, represented by Anak Agung Rai Bintang Kartika

(iii) the publication manager is: Anak Agung Rai Bintang Kartika contact@fitbysonia.com, the publication manager being a natural person;

(iv) the Webmaster is: Kevin Lebre – consulting@klconsultweb.com

(v) the Host is: Shopify Inc whose head office is located at 126 York St. Ottawa, ON K1N 5T5, in Canada.

Article 1: Purpose

These general conditions of sale apply without restriction or reservation to all online sales offered by the company LHC GROUP FZ LLC  on the website.

The company LHC GROUP FZ LLC  offers for sale to buyers (hereinafter: the “Buyer”) the Products as identified in article 2 below, the Products being to date ebooks relating to sport and Nutrition (hereinafter: the “Ebooks” and, individually, an “Ebook”).

The purpose of these general conditions is to define the conditions and terms of sale of the Products and, more specifically, to define the conditions and terms of the sale and downloading of Ebooks, as well as to define the rights and obligations of the parties in this context. . These general conditions are accessible and printable at any time via a direct and permanent link on the website.

These general conditions of sale prevail over all other general or specific conditions, in particular purchasing conditions, not expressly approved by the Company. They may be supplemented, where appropriate, by conditions of sale or use specific to certain Products or services, which then supplement these general conditions of sale and, in the event of contradiction, prevail over the general conditions of sale.

Article 2 Identification of Products

  • The term "Product" refers to all products that the Buyer can purchase via the website.

2.2 As of today, the Products are as follows:

  • ebooks related to sports and nutrition (the “Ebooks”)

2.2.1 Ebook Characteristics:

The photographs, representations and descriptions of the Products that are the Ebooks on the website are as accurate as possible. These only bind the Company for what is specifically indicated.

The advice in the guides and/or Ebooks is not intended to address nutritional deficiencies, allergies, or other health problems related to diet.

Please contact us at contact@fitbysonia.com before purchasing a Product if you are unsure whether the Product is suitable for your dietary needs and/or requirements.

2.2.2 Common characteristics to the Products

It is specified that no particular result is attached to the purchase of a Product purchased on the website.

The advice in the books and/or Ebooks constitutes only general guidelines to follow.

  • The Company may, at any time, add or remove Products for sale on the website.

2.4 The Products are offered for sale to the following countries: worldwide with regard to Ebooks that are available for download, and in the event of a sale.

Article 3: Product Price

3.1 The prices of the Products are indicated on the website in euros, all taxes included, excluding delivery charges. It is specified that, in the case of delivery charges, these charges are also indicated on the website in euros, all taxes included.

3.2 In the event of an order to a country other than metropolitan France, customs duties or other taxes or duties may be payable to the Buyer and would then be the responsibility of the Buyer and would then be the sole responsibility of the Buyer.

3.3 The prices of the Products may be modified at any time, but it is specified, however, that the products are invoiced on the basis of the prices in force at the time of the Buyer's order.

3.4 The Products remain the property of the Company until full payment of the price. 

Article 4: Payment terms

The full price of the Products and applicable delivery charges are due at the time of the order.

Payment can be made online:

  • by credit card (Stripe);
  • or by any other methods that will be offered on the website at the time of the order.

The Buyer guarantees to the Company that he has the necessary authorizations to use the chosen payment method.

The Company reserves the right to suspend or cancel any order and/or download in case of non-payment of any amount due by the Buyer, payment incidents, or in case of fraud or attempted fraud.

Penalties in the amount of one and a half (1.5 times) the French legal interest rate apply automatically to unpaid amounts upon notification of the rejection of bank payment.

Article 5: Order

5.1 Placing the Order

Orders are placed via the website.

The Buyer declares that he has read and accepted these general conditions of sale before placing his order. The validation of the order by the Buyer therefore constitutes acceptance by him of these General Conditions of Sale.

The Buyer declares, prior to his order, that he has full legal capacity, allowing him to commit to these general conditions of sale. Its acceptance of these is materialized by a check box in the order form. This acceptance can only be full and complete. Any acceptance under reservation is considered null and void. The Buyer who does not agree to be bound by these general conditions must not place orders on the website.

The Buyer can access the summary of his cart at any time as long as the order is not definitively validated and can correct any errors in the entered information.

As part of his order, the Buyer is invited to provide his contact details. He must fill in all fields marked as mandatory in the form provided for this purpose. Orders that do not contain all the required information cannot be validated.

The Buyer guarantees that all the information provided in the order form is accurate, up to date, truthful and is not misleading in any way.

The Buyer is informed and accepts that this information constitutes proof of his identity and binds him as soon as it is validated.

With regard to Ebooks, the Buyer is informed that, following his order, it will be his responsibility to download the Ebook subject to his order. 

In the event of technical difficulties related to this download, the Buyer can contact contact@fitbysonia.com (or the Company, at the contact details identified in Article 9 below) to obtain assistance with the download.

Similarly, if the Buyer is not redirected to the Website after their purchase or does not receive a confirmation email with a link related to the Product they purchased, the Buyer can immediately contact the Company (as indicated in the preceding paragraph) with transaction details and the email address used for payment, so that the Company can resolve the situation with the details of that Product and the download link as soon as possible.

5.2 Account creation

At the end of his order, the Buyer is offered the possibility of creating an account via a third-party account or by entering a password (hereinafter: the “Account”), which allows the Buyer, during his subsequent orders on the website, to access a pre-filled order form with the contact details he provided.

The Buyer undertakes to update this information in the event of modifications (in particular: change of address).

The Buyer is responsible for maintaining the confidentiality of his password. He must immediately contact the Company using the contact details mentioned in Article 9 hereof if he notices that his Account has been used without his knowledge. It recognizes the Company's right to take all appropriate measures in such a case.

5.3 Order confirmation

At the end of his order, the Buyer receives a confirmation by email.

The Buyer must ensure that the contact details he provided when ordering or updating his Account are correct and that they allow him to receive the order confirmation email. If this is not received, the Buyer must contact the Company using the contact details mentioned in Article 9.

The Company recommends that the Buyer keep the information contained in the order confirmation.

The order and its confirmation are considered received when the parties to whom they are addressed can have access to it

In the event of unavailability of the Product after placing your order, the User will be informed by e-mail. The User's order is then automatically canceled and no debit is then made or the debit is recredited.

Article 6: Delivery

Concerning Products other than Ebooks (which are subject to downloading) which are purchased online via the website, the following clauses apply.

6.1 The Products are delivered to the delivery address indicated by the Buyer during the order process, within the period indicated on the order validation page, the delivery time cannot, in any case, exceed 30 (thirty) days from the order.

The delivery time corresponds to:

  • the shipping time indicated on the Item sheet to which is added
  • the processing and delivery time.

6.2 In case of delay in delivery of the Product, an email is sent to the Buyer to inform him

In such a case, in accordance with the legal provisions in force, the Buyer may request the cancellation of his purchase under the conditions and terms defined in Article L 216-2 of the Consumer Code, it being specified that if the Buyer has received the Product after its cancellation, the Product and delivery costs will be reimbursed, in accordance with the provisions of article L 216-3 of the Consumer Code.

6.3 The Buyer must inform the Company and, where applicable, the carrier of any reservations concerning the Product delivered to him.

Article 7 - Right of withdrawal

7.1 Absence of right of withdrawal for Products such as Ebooks

Each Ebook is downloaded by the Buyer following his order for the Ebook, so that the Ebook constitutes digital content independent of any material support.

Therefore, Ebooks fall within the scope of the provisions of article L 121-21-8, 13° of the Consumer Code, which provides that the right of withdrawal does not apply to contracts for the supply of a digital content not provided on a physical medium whose performance has begun after prior consent of the consumer and express waiver of his right of withdrawal.

Also, as part of his order, prior to purchasing any Ebook, the Buyer:

- gives his express prior consent to the provision by the Company to him of digital content independent of any material support.

- gives his prior and express consent for the execution of the contract for the purchase of the Ebook by him before the end of the withdrawal period (which is 14 (fourteen) days);

- thus waives the exercise of his right of withdrawal in respect of his purchase of the Ebook;

- declares to be informed of the aforementioned legal provisions taken from article L 121-21-8, 13° of the Consumer Code and accepts that he has no right of withdrawal concerning Ebook orders.

7.2 Right of withdrawal for Products other than Ebooks

Concerning Products other than Ebooks which are marketed by the Company and purchased online via website, the following clauses allowing a right of withdrawal apply.

7.2.1 Principle of the right of withdrawal

In accordance with the legal provisions in force (L 221-18 et seq. of the Consumer Code), concerning Products other than Ebooks, the Buyer has a period of 14 (fourteen) days from receipt of the Product to exercise your right of withdrawal without having to provide reasons or pay a penalty.

Then, after communication of his decision to exercise his right of withdrawal within this period of 14 (fourteen) days, the Buyer has another period of 14 (fourteen) days to return the Product(s) subject to his withdrawal.

7.2.2. Conditions for exercising the right of withdrawal

In the event of exercising the right of withdrawal within the aforementioned period, only the price of the purchased Product(s) and shipping costs will be refunded, with the return costs remaining the responsibility of the Buyer.

The Products must be returned in their original condition and complete allowing them to be remarketed in new condition and must be accompanied by the purchase invoice. The Buyer is responsible for the depreciation of the value of the Product resulting from manipulations (other than those necessary to establish the nature, characteristics and proper functioning of this product).

The Buyer may exercise his right of withdrawal by any means with the Company (for example by postal mail or e-mail) expressing his intention to withdraw and mentioning the order concerned by his withdrawal.

The withdrawal form that may be used by the Buyer is as follows:

Dear,

I hereby notify you of the exercise of my right of withdrawal from the contract relating to the purchase by me of the Product below, regarding the order below:

Product identification : ……………………………….

Date of order ……………………………………..

Date of order receipt ………………………..

Order references: ………………………………

Buyer’s name:……………………………………………………..

Buyer's Address: ………………………………………………………………………..

Buyer's signature (only in case of notification of this form on paper):……………………………..

Date : ………………………………………………………………..

This withdrawal by the Buyer must be notified to the following email address: contact@fitbysonia.com.

In the event of exercising the right of withdrawal under the aforementioned conditions, the Company will reimburse the sums paid by the Buyer, including delivery costs, at the latest within 14 (fourteen) days from the date on which the Company is informed of the Buyer's decision to withdraw. The refund date may be deferred until recovery of the Product or until the Buyer provides proof of shipment of the Product. The Company is not required to reimburse the Buyer for any additional costs if the Buyer has chosen a more expensive delivery method than the standard delivery method. Cash on delivery returns are not accepted.

7.2.3 Exceptions to the right of withdrawal

The right of withdrawal identified above is not valid in the cases referred to in article L 121-21-8 of the Consumer Code, in particular in 5° of this article providing for an absence of right of withdrawal concerning the products which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.

Article 8: Legal guarantees

8.1 In accordance with the legal provisions in force, the Company is liable for defects of conformity appearing on any Products for a period of 2 (two) years from its purchase.

It is recalled that as part of the legal guarantee of conformity, the Buyer (i) benefits from a period of 2 (two) years from delivery of the good to act towards its seller (ii ) can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code (iii) is exempt from providing proof of the existence of the lack of conformity of the good during this period.

It is recalled that the Buyer may decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the civil code and that, in this case, he may choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.

This guarantee thus allows the Buyer to obtain the free repair of his Product or its exchange, subject to the cost conditions provided for by law. Failing this, if the repair or exchange is impossible or could not be implemented within the month following its acceptance, the Company will reimburse the Buyer the price of its product.

For the purposes of implementing this guarantee, the Products must be returned in the condition in which the Buyer received them, accompanied by a copy of the purchase invoice for the Product concerned. Products returned by post must be in packaging allowing transport in good conditions. In this case the costs of returning the Product will be refunded to the Buyer on the basis of the invoiced price and upon presentation of supporting documents.

The Buyer may also implement the guarantee against hidden defects within two years from the discovery of the defect. It is then up to the Buyer to prove in particular that the defect existed at the time of purchase, that it was hidden and that it renders the Product unusable. The provisions of this article do not prevent the Buyer from benefiting from the right of withdrawal provided for in article 7.1 above.

8.2 For proper information of the Buyer, under the terms of these general conditions of sale, the Buyer is informed of the following legal provisions:

Article L. 217-4 Consumer Code: “The seller delivers goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been charged by the contract or has been carried out under his responsibility.” 

Article L. 217-5 Consumer Code: “The good complies with the contract:
1° If it is suitable for the use usually expected of similar goods and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer may legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling,

2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L217-12 Consumer Code: “The action resulting from the defect of conformity is prescribed two years from the delivery of the good”.

Article L. 217-16 Consumer Code: "When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable good, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period.

This period shall run from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention.

Article 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the purpose which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would have given a lower price, if he had known them.”

Article 1648 - paragraph 1 of the Civil Code: “The action resulting from redhibitory defects must be brought by the Buyer within two years from the discovery of the defect.”

Article 9: Customer service

For any information or questions, the Company's customer service can be reached by e-mail at this address: contact@fitbysonia.com.

Article 10: Liability

10.1 The Company undertakes to carry out regular checks to verify the operation and accessibility of the website. In this respect, the Company reserves the right to temporarily interrupt access to the website for maintenance reasons. Likewise, the Company cannot be held responsible for any temporary difficulties or impossibilities in accessing the website which originate from circumstances external to it, force majeure, or which are due to disruptions in telecommunications networks.

The connection of any person to the website is done under their entire responsibility. It is up to the Buyer to take all appropriate measures to protect his own data and/or software stored on his computer equipment against any infringement.

10.2 The Company does not provide the Buyer with any guarantee as to the suitability of the Ebooks and Products to his needs, expectations or constraints.

10.3 The Company does not guarantee any results or effects from the use of the Ebooks and Products.

Article 11: Intellectual Property

The Products as well as the systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, database, etc.) operated by the Company within the website and /or under the website are protected by all intellectual property rights of the Company and/or all rights of database producers in force which the Company holds. All disassembly, decompilation, decryption, extraction, reuse, copying and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of the Company are strictly prohibited and may be subject to legal proceedings.

Article 12: Prohibited behavior

12.1 The following are strictly prohibited: (i) any behavior of a nature to interrupt, suspend, slow down or prevent the proper functioning of website, (ii) any intrusions or attempted intrusions into the Company's systems, (iii) any misappropriation of resources system of website, (iv) any actions of a nature to impose a disproportionate load on the infrastructures of the latter, (v) any breaches of security and authentication measures, (vi) any actions of a nature to infringe the rights and financial, commercial or moral interests of the Company or users of its website, (vii) any practice diverting the website for purposes other than those for which it was designed and finally more generally (viii) any breach of these general conditions or the laws and regulations in force.

12.2 It is also strictly prohibited to monetize, sell or grant all or part of access to website, as well as to the information it contains.

12.3 In the event of breach of the provisions of this article or more generally, violations of laws and regulations, the Company reserves the right to take all appropriate measures and initiate any legal action.

Article 13: Processing of complaints - Mediation

13.1 Concerning all complaints, the Buyer may contact customer service using the contact details identified in Article 9 above.

13.2 In the event of a dispute between the professional and the consumer, they will endeavor to find an amicable solution.

In the absence of an amicable agreement, the consumer has the option to refer the matter to the consumer mediator appointed by the professional, namely the Association of European Mediators (AME CONSO), within one year from the date of the written complaint addressed to the professional.

The consumer can contact the consumer mediator in the following ways:

- either by completing the form provided for this purpose on the AME CONSO website : www.mediationconso-ame.com;

- or by mail addressed to AME CONSO, 11 Place Dauphine – 75001 PARIS.

13.3 Online Dispute Resolution Platform: In accordance with Article 14 of Regulation (EU) No. 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 in the European Union.

This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.

Article 14 - Personal data

Preamble :

As part of the order by the Buyer, via the website (accessible at fitbysonia.com with regard to the online store, together hereinafter the “Site”), products of the company LHC GROUP FZ LLC (namely “Ebooks” (books in electronic format related to sport and nutrition) (hereinafter the “Products”) and/or in the context of the use of the websiteby the user (the user of the website and the Buyer being, under the terms of these stipulations relating to personal data, hereinafter referred to as the “Buyer”), the Buyer's personal data, after obtaining his consent and in accordance with the provisions below, may be collected by LHC GROUP FZ LLC.

Personal data subject to collection

The personal data collected include: (i) the information provided by the Buyer by filling out the forms related to the creation of his account and/or orders and/or identification, or by contacting with the company LHC GROUP FZ LLC (by any means of communication or online communication, or by responding to questionnaires or satisfaction surveys) (ii) which concerns in particular the name, sex, date and place of birth of the Buyer , as well as the Buyer's contact details such as his postal address, his e- mail address, telephone numbers, electronic signature, (iii) as well as in particular information relating to the contractual and commercial relationship between the Buyer and the company LHC GROUP FZ LLC (in particular the details of the Products, services or services ordered by the Buyer) (iv) and banking information ( bank details, card numbers) and transactional details of the Buyer (v) as well as the data collected thanks to cookies and similar technologies used on the website (in particular IP addresses) and in electronic messages allowing the Buyer to be recognized, his preferences to be remembered and, where applicable, to present him with a content likely to interest them. It is specified that the use of cookies is carried out in accordance with the legal provisions in force, which provide that cookies which are not strictly necessary for the provision of services and services must be accepted by the Buyer, being specified, concerning cookies strictly necessary for the provision of services and benefits (shopping cart, session identifiers, etc.) that Buyers can oppose and delete them using their browser settings, the Buyer being reminded however that these cookies allow the website to function optimally and that the user experience risks may be degraded if these cookies.

This personal data can only be communicated to the company LHC GROUP FZ LLC by the Buyers concerned by the said personal data and each Buyer undertakes not to communicate personal data of another person and/or personal data which does not concern him.

Legal information for the Buyer

The purpose of these documents is to provide the Buyer the required legal information, which includes the following (the said information also provided to the Buyer before his personal data is collected, separately from all other information, in accordance with the provisions in force):

a) Identity and contact details of the personal data controller (hereinafter the "controller"):

The identity and contact details of the personal data controller are as follows: LHC GROUP FZ LLC.

b) Contact details of the data protection controller

The contact details of the Data Protection controller are as follows: Fitbysoniadonnees@gmail.com

c) Purposes of processing

The purposes of the processing for which the personal data are intended are as follows: (i) identification of people ordering Products via the website and/or using services or services via the website (the Buyer is in particular informed in this respect that his first and last names and email addresses are integrated into the Ebooks that he buys, and this in the form of a banner affixed to the pages of its Ebook) (ii) production and/or delivery by the company LHC GROUP FZ LLC  of the Products and/or services used and/or ordered by the Buyer (iii) administration of the services and/or Products and/or services ordered and/or used by the Buyer (iv) prospecting and/or sending information to Buyers.

d) Legal basis for processing

The legal basis of the processing is as follows: (i) the processing is based on the consent of the Buyer wishing to order Products via the website and/or use services and/or services via the website (ii) the processing is necessary for the execution of the contractual relationship that the Buyer wishes to establish with the company LHC GROUP FZ LLC  by ordering Products and/or using services and/or services accessible via the website, the said personal data being necessary for the performance of the services and/or services ordered by the Buyer and/or for the delivery of the Products (iii) the processing is also necessary to protect the legitimate interests of the company LHC GROUP FZ LLC  by allowing it to retain proof of transactions with the Buyer and/or, where applicable, proceed with recovery (iv) the processing being administered in accordance with the provisions of Law No. 78-17 of 6 January 1978 and EU Regulation 2016/679 of 27 April 2016 (GDPR) and other legal provisions in force (hereinafter the “Regulation in force ").

e) Recipients of personal data

The recipients of personal data are: LHC GROUP FZ LLC staff responsible for the performance and/or administration of services or services ordered via the website, the delivery of Products by LHC GROUP FZ LLC, and, if applicable, subcontractors of LHC GROUP FZ LLC participating in the performance of these tasks and required to intervene on the processing (only when necessary), with the understanding that in such cases, this is done in compliance with the Applicable Regulations applicable to subcontractors.

f) Transfer of personal data:

The Buyer is informed that the data controller may, if necessary, transfer his personal data to a third country or to an international organization subject to an adequacy decision issued by the European Commission. it being specified that, in the presence of a transfer to a country or an international organization not subject to an adequacy decision, then this can only be carried out on the condition that the appropriate guarantees are put in place and that the Buyers concerned have enforceable rights and effective remedies, under the conditions of the Regulations in force.

(g) Retention period of personal data  

The retention period of personal data is as follows: the personal data being necessary for the realization, administration and/or delivery of services and/or orders for Products carried out via website, the personal data of the Buyer is retained (i) as long as the Buyer is likely to be able to place orders, that is to say as long as the Buyer has not expressed his intention of no longer being a customer of the company LHC GROUP FZ LLC  or of no longer have their personal data stored, via a request made by them to the following address: contact@fitbysonia.com fr (in accordance with the stipulations below) (ii) within the limit, however, of a period of 3 (three) years from the last order of Products made by the Buyer via the website, date under which the Buyer's personal data is not no longer retained.

(h) Rights of the Buyer which may be exercised with the data controller (as identified above)

The purpose of this document is also to inform the Buyer of the existence of his right to ask the data controller (as identified above):

- access to personal data as well as any available information regarding their source;

- rectification or erasure thereof;

- limitation of the processing of his personal data;

- the Buyer's opposition to the processing of his personal data;

- the Buyer's opposition at any time to the processing of his personal data for prospecting purposes, including profiling;

- the portability of personal data under the conditions of the Regulations in force which provide in particular that the persons concerned by the processing of personal data have the right to receive the personal data concerning that they have provided to a controller, in a structured, commonly used and machine-readable format, and have the right to transmit these data to another data controller without the controller to whom the personal data have been communicated obstructing this, when: (i) the processing is based on consent in application of the Regulations in force, or on a contract in application of the Regulations in force and (ii) when the processing is carried out using automated processes, being specified that when the data subject exercises his right to the portability of his personal data, he has the right to obtain that his personal data is transmitted directly from one controller to another, where technically possible;

- The withdrawal by the Buyer, at any time, of his consent to the processing of his personal data (without affecting the lawfulness of the processing based on the consent given before its withdrawal);

The exercise by the Buyer of his rights as identified in this (h) is carried out by means of a request made by him and addressed to the following address: contact@fitbysonia.com.

As needed, it is stipulated that the exercise by the Buyer of his right to erasure of his personal data and/or the exercise of his right to oppose the processing of his data to personal character and/or the exercise of his right to limitation of the processing of his personal data and/or his right to withdraw his consent at any time to the processing of his personal data (in accordance with the aforementioned stipulations) leads to not make the delivery of the Products possible and, more generally, not to make it possible to carry out the services and/or services ordered and/or used via the website, so that, in such cases (i) from the date of exercise by the Buyer of said rights, the latter will no longer be able to access the services and services delivered by the company LHC GROUP FZ LLC  via the website (ii) if these rights are exercised at the time of ordering services and/or Products, then the said order cannot be made by the Buyer.

i) Complaint to the CNIL

The Buyer is informed of the right to lodge a complaint with the supervisory authority which is the Commission Nationale de L’Informatique et des Libertés (CNIL): 3 Place de Fontenoy - TSA 80715 - 75334 Paris 07.

j) Information on the contractual nature of the provision of personal data

By providing the Buyer with information on the question of whether the requirement to provide personal data is of a regulatory or contractual nature or whether it conditions the conclusion of a contract and whether the person concerned is required to provide personal data, as well as the possible consequences of non-provision of this data, the following information is brought to the attention of the Buyer: (i) the request for the provision of personal data has a contractual character (as part of the relationship that the Buyer wishes to establish with LHC GROUP FZ LLC  by placing an order for Products) (ii) the provision of this data, as it is necessary for the performance of the services and/ or services ordered via the website and/ or the delivery of the Products, conditions the conclusion of this contractual relationship (iii) as such, the Buyer is required to provide his personal data if he wishes to order Products via the website (iv) the failure to provide this personal data does not allow Products and/or services to be ordered from the company LHC GROUP FZ LLC.

k) Automated decision making

It is stated that, using the personal data collected, no automated decision-making is carried out within the meaning of the regulations in force.

l) Possible further processing of personal data

In the event that further processing of personal data is carried out for purposes other than those for which the personal data were collected and as identified above, the data controller (identified above) will first provide the data subject with information about this other purpose and any other legally relevant information required.

Age of person who can provide personal data

The collection of personal data may only concern persons aged at least 15 years old, and the personal data being, as indicated above, necessary for the performance and administration of the services and/or the delivery of the Products, persons under 15 (fifteen) years of age cannot give their consent to the collection of their personal data (and consequently access the services and/or services deployed via the website)
only on the condition that they are authorized by the holder of parental responsibility concerning them so that, by requesting the services and/or ordering Products and/or by communicating to the company LHC GROUP FZ LLC, personal data , the Buyers  declare and guarantee to the company LHC GROUP FZ LLC  that they: (i) are at least 15 years old (ii) or they are authorized by the holder of parental responsibility for them. This stipulation is without prejudice to the commitment entered into by the Buyer towards the company LHC GROUP FZ LLC  according to which he declares and guarantees to the company LHC GROUP FZ LLC  that he has the legal capacity to purchase the Products via the website and/or use the services and/or services of the company LHC GROUP FZ LLC  delivered via the website and, where applicable, to pay for the said Products and/or services.

Article 15: Amendments hereto 

These terms may be subject to updating. In this regard, the Buyer is invited to read the latest version hereof, accessible on the website, particularly in the legal notices.

Article 16: Advertising

The Company reserves the right to insert on any page of the websiteany advertising or promotional messages in a form and under conditions of which the Company will be the sole judge.

Article 17: Links and third party websites

The Company cannot under any circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) which the Buyer accesses via the website.

The Company assumes no responsibility for the content, advertisements, products and/or services available on such third-party websites and mobile applications, which are governed by their own conditions of use.

The Company is also not responsible for transactions between the Buyer and any advertiser, professional or merchant (including any partners) to whom the Buyer would be directed through the website and cannot under any circumstances be party to any possible disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, the guarantees, declarations and any other obligations to which these third parties are bound.

Article 18: Amendments

The Company reserves the right to modify these general conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the Buyer's order validation.

Article 19: Language

The language of this document is French.

In the event of a translation of these general conditions into one or more other languages, the language of interpretation will be French in case of contradiction or dispute over the meaning of a term or provision.

Article 20: Applicable law and jurisdiction

These general conditions of sale are governed by French law.

Similarly, all orders made via the website and/or any purchase or sale contract made by the Buyer via the websiteare subject to French law.

In case of dispute over the validity, interpretation and/or execution of these general conditions of sale, as well as in the event of a dispute concerning any orders made via the website and/or any purchase or sale contract made by the Buyer via the website, the French courts will have exclusive jurisdiction.

Article 21: Entry into force

 

 

These general conditions shall enter into force on June 23, 2023