1. About us
| Natural person | |
| First and last name : Fortune Julner | |
| Home address : 27312 23rd Ave South, federal way WA | |
| Non-premium rate phone number :+1 561 602 1138 | |
| E-mail address : support@the-pyjama.com | |
| Name of the editor-in-chief for websites publishing editorial content : Jean Louis Lytz Berly |
2. Preamble
The Company invites its Users to carefully read these General Terms and Conditions of Sale and Use (hereinafter referred to as the “GTC/GTU”). The GTC/GTU apply to all Services provided by the Company to its Clients within the same category, regardless of any clauses that may be included in the Client’s documents, including their general terms and conditions of purchase.
The GTC/GTU are systematically provided to any Client upon request.
The Client is required to review the GTC/GTU before placing any Order.
In the event of subsequent modifications to the GTC/GTU, the Client is subject to the version in effect at the time of their Order.
The data recorded in the Company’s computer system constitutes proof of transactions concluded with the Client.
3. Definitions
“Customer” refers to any individual or legal entity that places an Order on this Website;
“Order” refers to any order placed by a registered User on this Website to benefit from the Company’s Services;
“General Terms and Conditions of Sale and Use” or “GTC/GTU” refers to these general terms and conditions of online sale and use;
“Consumer” refers to a natural person who is not acting for professional purposes and/or outside of their professional activity;
“Professional” refers to a legal entity or natural person who is acting within the scope of their professional activity;
“Services” refers to all services offered to Users by the Company through this Website;
“Website” refers to this Website;
“Company” refers to the Company, as further described in Article I herein; and
“User” refers to any person who uses the Website.
4. Registration
Registration on the Site is open to all legal entities and individuals of legal age and with full legal capacity.
Use of the Services offered on the Site is conditional upon the User’s registration on the Site.
To register, the User must complete all required fields; without these fields, the service cannot be provided. Registration cannot be completed if the required information is not provided.
Users guarantee and declare on their honor that all information provided on the Site, particularly during registration, is accurate and truthful. They agree to update their personal information via the dedicated page available in their account.
Each registered User has a username and password. These are strictly personal and confidential and must not be disclosed to any third party under any circumstances, under penalty of deletion of the offending registered User’s account. Each registered User is personally responsible for maintaining the confidentiality of their username and password. The Company will under no circumstances be held liable for the identity theft of a User. If a User suspects fraud at any time, they must contact the Company as soon as possible so that the Company can take the necessary steps to rectify the situation.
Each User, whether a legal entity or an individual, may only hold one account on the Site.
In the event of non-compliance with the Terms and Conditions, including the creation of multiple accounts for a single person or the provision of false information, the Company reserves the right to temporarily or permanently delete all accounts created by the offending registered User.
Account deletion results in the permanent loss of all benefits and services acquired on the Site. However, any Order placed and invoiced by the Site before the account deletion will be processed under normal conditions.
If the Company deletes an account for breach of the duties and obligations set forth in the Terms and Conditions, the offending User is strictly prohibited from re-registering on the Site, either directly, through another email address, or through an intermediary, without the Company’s express authorization.
5. Services and Pricing
The Services covered by these Terms and Conditions are those listed on the Website and offered directly by the Company or its partner service providers.
The services are described on their respective pages on the Website, and all their essential characteristics are specified. The Company cannot be held liable for the inability to provide the service if the User is not eligible.
When a registered User wishes to purchase a service sold by the Company through the Website, the price displayed on the service page is the price in euros, inclusive of all taxes (VAT), and takes into account any applicable discounts in effect on the date of the Order. The price shown does not include any additional charges, which will be indicated, if applicable, in the order summary before the order is placed.
The Company reserves the right to modify its prices at any time. It undertakes to invoice services at the price applicable at the time of the Order. For services whose price cannot be known in advance or stated with certainty, a detailed quote will be provided to the Client.
Under no circumstances may a User demand the application of discounts that are no longer valid on the date of the Order.
6. Orders
An order can only be placed after the user has registered on the Site. Once logged into their account, the user can add services to their virtual shopping cart. They can then access their shopping cart summary to confirm the services they wish to order and place their order by clicking the “Order” button.
They must then provide their address, delivery method, and a valid payment method to finalize the order and effectively form the sales contract between themselves and the Company.
An order is registered on the Site when the customer accepts the General Terms and Conditions of Sale/Terms of Use by checking the box provided for this purpose and confirms their order. This confirmation constitutes proof of the sales contract. Finalizing the order implies acceptance of the prices and terms of service delivery as indicated on the Site.
Once their order is placed, the customer will receive confirmation by email. This confirmation will summarize the Order and information relating to the performance of the service(s).
In the event of non-payment, an incorrect address provided by the Customer, or any other issue with the Customer’s account, the Company reserves the right to block the Customer’s order until the problem is resolved. If the service cannot be performed, the Customer will be notified by email at the address they provided to the Company. In this case, the order for that service will be canceled and refunded, while the rest of the order will remain valid and binding.
The Company may offer the Customer price reductions, discounts, and rebates based on the number of Services ordered or the frequency of Orders, according to the conditions set by the Company.
7. Payment Terms and Conditions
Unless otherwise stipulated, all sales are payable in full at the time the Order is placed.
Depending on the nature or amount of the Order, the Company reserves the right to require a deposit or full payment upon placement of the Order or upon receipt of the invoice.
Payment may be made by:
Credit card
In the event of total or partial non-payment of services by the due date indicated on the invoice, the Professional Client shall pay the Company a late payment penalty at a rate equal to the rate applied by the European Central Bank for its most recent refinancing operation, plus 10 percentage points. The refinancing operation used for this calculation is the most recent one at the date of the Service Order.
In addition to late payment penalties, any sum, including the deposit, not paid by its due date will automatically incur a fixed penalty of €40 for recovery costs.
In the event of total or partial non-payment of services by the date indicated on the invoice, the Consumer Client will be liable to pay the Company a late payment penalty at the statutory interest rate.
The Client may not offset any late payment penalties for services ordered against sums owed to the Company for the purchase of Services offered on the Website.
The penalty owed by the Client, whether Professional or Consumer, is calculated on the total amount due, including all taxes, and accrues from the payment due date without any prior formal notice being required.
In the event of non-compliance with the payment terms described above, the Company reserves the right to cancel or suspend the sale.
8. Performance of Services
The services ordered on the Site will be provided by:
The Company
The Company undertakes to implement all necessary human and material resources to perform the services within the timeframe announced when the Order was placed. However, it cannot under any circumstances be held liable for delays in service performance caused by faults beyond its control.
If the services have not been performed within the agreed timeframe, the Client may request cancellation of the sale under the conditions stipulated in Articles L216-2 and L216-3 of the French Consumer Code. The sums paid by the Client will be refunded no later than fourteen days following the date of cancellation of the contract.
This provision does not apply when the Company’s delay is due to the Client’s fault or to a case of force majeure, that is to say, the occurrence of an unforeseeable, irresistible event beyond the Company’s control.
If a physical service could not be performed or was postponed due to an error in the address provided by the Client, the Client will be responsible for the travel expenses of the service provider appointed by the Company to perform the unsuccessful service.
9. Complaints
For all Orders placed on this Site, the Customer has a 14-day right to file a complaint from the date the Service is provided.
To exercise this right, the Customer must send the Company, by email, a statement expressing their reservations and complaints, along with supporting documentation.
A complaint that does not comply with the conditions described above will not be accepted.
After reviewing the complaint, the Site may, if applicable, replace or refund the Service as soon as possible and at its own expense.
10. Consumer’s Right of Withdrawal
The Consumer has a right of withdrawal of 30 days from the date of the Order, except for the products mentioned in Article L221-28 of the French Consumer Code, as reproduced below:
“The right of withdrawal may not be exercised for contracts:
1° For the supply of services fully performed before the end of the withdrawal period and whose performance began after the consumer’s express prior agreement and express waiver of their right of withdrawal;
2. The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
3. The supply of goods made to the consumer’s specifications or clearly personalized;
4. The supply of goods liable to deteriorate or expire rapidly;
5. The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6. The supply of goods which, after delivery, are, by their nature, inseparably mixed with other items;
7. The supply of alcoholic beverages, the delivery of which is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;
8. Emergency maintenance or repair work to be carried out at the consumer’s home and expressly requested by them, limited to the spare parts and work strictly necessary to address the emergency;
9. The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10. The supply of a newspaper, periodical, or magazine, except for subscription contracts for such publications;
11. Contracts concluded at a public auction;
12. The provision of accommodation services, other than residential accommodation, transport services for goods, car rentals, catering, or leisure activities that must be provided on a specific date or during a specific period;
13. The supply of digital content not supplied on a tangible medium where performance has begun after the consumer’s express prior consent and express waiver of their right of withdrawal.
Regulations exclude the statutory right of withdrawal for “the supply of audio or video recordings, or computer software, if they were unsealed by the consumer.” Therefore, the statutory right of withdrawal is void from the moment the ordered product is downloaded and/or accessible. Source: Article L121-20-2 of the French Consumer Code.
When a guarantee is offered on a product’s presentation page in case of no results, it is valid for a maximum of 30 days. This guarantee only takes effect if the customer correctly performs the actions detailed in the purchased product description. If the customer has not watched and fully followed the instructions in the videos included with the product, they will not be eligible for the guarantee and therefore not entitled to a refund.
If a guarantee is offered on a training course’s presentation page and the guarantee period is not specified, it will be valid for a maximum of 30 days.
If no guarantee is offered, no refund is possible, in accordance with Article L121-20-2 of the French Consumer Code concerning video recordings.
To exercise this right of withdrawal, the Consumer must send a declaration to the following address: contact[at]service-client.com.
The Consumer will be reimbursed for all fees paid for the service within 14 days of the Company receiving the withdrawal notice. The refund will be issued via the same payment method used for the purchase.
However, if the service has already begun on the date the Company receives the withdrawal notice, the value corresponding to the service already performed will be deducted from the refund. The refund will be issued via the same payment method used for the purchase.
11. Processing of Personal Data
Registration on the Site entails the processing of the Customer’s personal data. If the Customer objects to the processing of their data, they are asked to refrain from using the Site.
This processing of personal data is carried out in accordance with the General Data Protection Regulation (EU) 2016/679 of 27 April 2016.
Furthermore, in accordance with the French Data Protection Act of 6 January 1978, the Customer has the right, at any time, to access, rectify, modify, and object to all of their personal data by writing, by mail and providing proof of identity, to the following address: contact[at]service-client.com.
This personal data is necessary for processing the Customer’s Order and issuing invoices, if applicable, as well as for improving the Site’s functionality.
12. Sharing of Collected Data
The Site may use third-party companies to perform certain operations. By browsing the Site, the Customer agrees that third-party companies may access their data to ensure the proper functioning of the Site.
These third-party companies only have access to the collected data for the purpose of performing a specific task.
The Site remains responsible for the processing of this data.
Furthermore, the User may receive information or marketing offers from the Company or its partners.
The User may object to receiving these marketing offers at any time by writing to the Company’s address indicated above, or by clicking on the unsubscribe link provided in the emails received.
Furthermore, Customer information may be disclosed to third parties without their prior express consent in order to achieve the following objectives:
to comply with the law;
to protect any person against serious bodily harm or death;
to combat fraud or attacks against the Company or its users;
to protect the Company’s intellectual property rights.
13. Data Protection
The Company ensures a level of security appropriate and proportionate to the risks involved and their likelihood, in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016.
However, these measures do not constitute a guarantee and do not create an obligation of result for the Company regarding data security.
14. Cookies
To allow its Users to benefit from optimal browsing on the Site and improved functionality of the various interfaces and applications, the Company may place a cookie on the User’s computer. This cookie stores information relating to browsing on the Site, as well as any data entered by Users (including searches, login, email, password).
The User expressly authorizes the Company to place a file called a “cookie” on the User’s hard drive.
The User has the option to block, modify the retention period, or delete this cookie via their browser settings. If systematically disabling cookies on the User’s browser prevents them from using certain services or features of the Site, this malfunction shall not, under any circumstances, constitute damage to the User, who shall not be entitled to any compensation as a result.
15. Modifications
The Company reserves the right to modify the Website, the services offered therein, the Terms and Conditions of Sale/Terms of Use, as well as any delivery procedure or other element constituting the services provided by the Company through the Website.
When placing an Order, the User is subject to the stipulations set forth in the Terms and Conditions of Sale/Terms of Use in effect at the time the Order is placed.
16. Liability
The Company cannot under any circumstances be held liable for the unavailability, whether temporary or permanent, of the Website. Although the Company makes every effort to ensure continuous service, interruptions may occur at any time. Furthermore, the Company reserves the right, at its sole discretion, to make the Website unavailable in order to perform any updates, improvements, or maintenance.
As previously mentioned herein, the Company cannot under any circumstances be held liable for delays in the performance of a service for reasons which are beyond its control, independent of its will, unforeseeable and irresistible or for which it cannot be held responsible.
17. Intellectual Property
The trademark, logo, and graphic design of this Site are registered trademarks with the INPI (French National Institute of Industrial Property) and works protected under intellectual property law, the ownership of which belongs exclusively to the Company. Any distribution, use, display, or reproduction, whether partial or complete, without the express authorization of the Company will expose the offender to civil and criminal prosecution.
18. Jurisdiction Clause
These Terms and Conditions of Sale/Terms of Use are governed by French law. Any dispute that may arise between the Company and a User during the performance of these Terms and Conditions will be subject to an attempt at amicable resolution. Failing this, the dispute will be brought before the competent courts of general jurisdiction.
The Customer is informed that they may resort to conventional mediation with the Consumer Mediation Commission provided for in Article L534-7 of the French Consumer Code or with existing sector-specific mediation bodies. He may also resort to any alternative dispute resolution method in the event of a dispute.
19. Pre-contractual Information
Prior to placing an Order, the Customer acknowledges having received, in a legible and understandable manner, the General Terms and Conditions of Sale/General Terms and Conditions of Use and the information required under Articles L111-1 to L111-7 of the French Consumer Code, and in particular:
the essential characteristics of the Services;
the price of the Services;
the date or period within which the Company undertakes to provide the Service;
information relating to the Company’s identity (postal, telephone, and electronic contact details);
information relating to legal and contractual guarantees and how to implement them;
the possibility of resorting to conventional mediation in the event of a dispute;
information relating to the right of withdrawal (period, procedures for exercising this right).
Placing an Order on the Website implies acceptance of the General Terms and Conditions of Sale/General Terms and Conditions of Use. The Customer may not rely on any conflicting document.
20. Mediator’s contact information
Enter the mediator’s contact information:+1 206 742 6850