GENERAL CONDITIONS OF SALE
OF DANCE ALL STYLES
———————————
Terms and Conditions updated February 10, 2021
“DANCE ALL STYLES” is a limited liability company (SARL) registered with the RCS of EVRY under number 851 728 188, with a share capital of 5000 euros and whose head office is located at 10 rue de Penthièvre in Paris (75008) .
Phone number : +1 516 583 0808
Email: contact@danceallstyles.com
Web: www.danceallstylescom.local
SUMMARY
TITLE I – PRIOR INFORMATION
ARTICLE 1 – THE PARTIES TO THIS DEED
ARTICLE 2 – DEFINITIONS
ARTICLE 3 – CLIENT CONSENT AND CAPACITY
TITLE II – DANCEALLSTYLES SERVICES
ARTICLE 4 – DESCRIPTION OF SERVICES
ARTICLE 5 – COURSE
PROCEDURE ARTICLE 6 – RENTAL OF ROOMS IN PARTNER STUDIO
ARTICLE 7 – METHODS OF REALIZATION OF ORDERS
ARTICLE 8 – PRICE
ARTICLE 9 – TERMS OF PAYMENT
TITLE III – LEGAL CONDITIONS RELATING TO ALL SERVICES
ARTICLE 10 – RIGHT OF WITHDRAWAL
ARTICLE 11 – RESPONSIBILITIES
ARTICLE 12 – INTELLECTUAL PROPERTY
ARTICLE 13 – PERSONAL DATA AND PROTECTION OF PRIVACY
ARTICLE 14 – ARCHIVING
ARTICLE 15 – DURATION OF THE CONTRACT AND RESOLUTION
ARTICLE 16 – ENTIRETY OF THE GCS
ARTICLE 17 – NULLITY
ARTICLE 18 – WAIVER
ARTICLE 19 – OPPOSITION TO TELEPHONE SOLICITATION
ARTICLE 20 – APPLICABLE LAW AND LANGUAGE OF THE CONTRACT
ARTICLE 21 – JURISDICTION AND MEDIATION CLAUSE
TITLE I – PRIOR INFORMATION
ARTICLE 1 – THE PARTIES TO THIS ACT
These General Conditions of Sale (“GTC”) constitute, in accordance with Article L 441-1 of the Commercial Code, the sole basis of the commercial relationship between the parties.
Their purpose is to define the conditions under which the company DanceAllStyles provides its services to professional Customers or consumers (the “Customer(s)”) who request them, said services relating in particular to dance class services. or connections with Partner Teachers in order to obtain or provide dance lessons.
They apply, without restriction or reservation, to all services provided by DanceAllStyles to Clients and Partner Teachers, regardless of the clauses that may appear on the Client’s or Partner Teacher’s documents, and in particular its general conditions of purchase. . In accordance with the regulations in force, DanceAllStyles reserves the right to derogate from certain clauses of these GCS by establishing special conditions of sale.
ARTICLE 2 – DEFINITIONS
Customer | designates the persons, natural or legal, signing a contract with the DanceAllStyles
Company to be put in contact with Teachers or Dancers; |
GTC or
Terms of Sales |
means these general conditions of sale or “GTC” including the terms of order, the conditions
of reservation, payment as well as the conditions for canceling orders for Services; |
Ordered | means any estimate or contract relating to the Services and signed by the Client, accompanied
by the payment of the management fees provided for in the estimate. An Order may group together all the possible Services offered by the Company DanceAllStyles and thus includes private lessons as well as the organization of shows; |
Dancer | refers to the person working in collaboration with the DanceAllStyles Company
for choreographic performances for private and professional events; |
Quotation | means the document sent by the Company DanceAllStyles at the time of placing an Order
containing the details of the desired Service as well as the Price of the Service; |
Personal data | refers to any type of data entrusted to the Company DanceAllStyles or the Teacher or the Dancer
by the Customer for the performance of the Service, and allowing the direct or indirect identification of a natural person (the “Person Concerned”); |
Management fees | means the amount paid to the DanceAllStyles Company for contacting the Partner Teachers
or for setting up a show; |
Local | designates the place concerned by the Services provided, to the exclusion of any other and may
be the Customer’s home or a Partner Studio; |
Service(s) or Mission(s) | refers to the services provided by the Company DanceAllStyles; |
Price | means the amount of the Service requested by a Client; |
Partner Professor | designates dance professionals, having concluded a partnership contract with the
DanceAllStyles Company and providing dance class services for the benefit of Customers; |
Website | refers to the website of the DanceAllStyles Company: “www.danceallstylescom.local”
which presents the various offers of DanceAllStyles Services; |
Studio Partner | designates the studios, gymnasiums and other establishments having agreements with
the company DanceAllStyles and offering the possibility to Customers of the company DanceAllStyles to rent their premises at preferential rates; |
Third | designates any entity, legal or natural person, external to DanceAllStyles and for which
the latter assumes no guarantee, liability or representation. |
ARTICLE 3 – CLIENT CONSENT AND CAPACITY
3.1 – The simple navigation on the Website is open to all without condition while the placing of Orders for a dance class or any other Services of the company DanceAllStyles, such as the staging of a show, supposes your acceptance prior, full and complete of these GCS.
The applicable T&Cs are those in force on the Site “https://danceallstyles.com/cgvdanceallstyles/” on the date you place your Order.
You acknowledge that you have fully understood these T&Cs and also have the capacity required to contract and acquire the Services offered by DanceAllStyles and thus be able to place an Order.
3.2 – You give your consent by “clicking” or by checking the box provided for this purpose, or by any other method of electronic validation certifying that you have read, understood and accepted the GCS.
In practice, this validation is carried out by ticking the box preceding the following text before any payment: “I acknowledge having read and understood the T&Cs and I accept them” .
With regard to the Order of a Service, you are presumed to have accepted these T&Cs but, in addition, you will be asked to validate your consent before making each payment to DanceAllStyles.
Validation of these T&Cs can also be done by giving your “Voucher for agreement and acceptance of the T&Cs” by return email.
3.3 – Your consent thus expressed has the same value as a handwritten signature. Consequently, you acknowledge being fully informed of the fact that your agreement to these General Terms and Conditions of Sale does not require a handwritten signature.
3.4 – By accepting these T&Cs you acknowledge having received the following information in a clear and understandable manner:
- the essential characteristics of the Service concerned;
- the price of the Service or the method of calculating the Price and, if applicable, all additional transport or delivery costs and all other possible costs;
- the date or the deadline by which the Company DanceAllStyles undertakes to perform the Service, whatever its price, and any other contractual condition;
- information relating to the identity of the DanceAllStyles Company, its postal, telephone and electronic contact details, and its activities;
- information relating to legal and contractual guarantees and their implementation methods;
- the procedures provided for the handling of complaints;
- the duration of the contract, when it is concluded for a fixed term, or the conditions for its termination in the event of a contract of indefinite duration;
- with regard to the digital content any relevant interoperability of this content with certain hardware or software of which the trader is or should reasonably be aware. DanceAllStyles also provides the Customer with the following information:
- status and legal form, contact details allowing you to get in touch quickly and communicate directly with him;
- where applicable, the registration number in the trade and companies register or in the trades directory;
- for activities subject to an authorization system, the name and address of the authority that issued it;
- for the service provider who is a member of a regulated profession, his professional title, the US Member State in which it was granted as well as the name of the professional order or body with which he is registered;
- any financial guarantee or professional liability insurance taken out by him, the contact details of the insurer or guarantor as well as the geographical coverage of the contract or commitment.
TITLE II – CONTENT OF THE SERVICES OF THE DANCEALLSTYLES COMPANY
ARTICLE 4 – DESCRIPTION OF THE SERVICES
The DanceAllStyles Company ensures the connection between, on the one hand, people wishing to obtain dance class services and , on the other hand, the service providers it is looking for and who will provide the said services, which may relate to:
- dance lessons, whatever the style desired, private or collective, at home or in the hall;
- animated dance classes for bachelor and bachelorette parties;
- dance entertainment services for all types of events (birthdays, weddings, TeamBuilding, works councils, etc.);
- performances of the Shows & Dance Shows type for all occasions.
The Services can be provided directly by the DanceAllStyles Company, or by a Partner Teacher.
ARTICLE 5 – COURSE PROCEDURE
The entire range of Services offered by the DanceAllStyles Company is available on the Website at the address: “https://danceallstyles.com/our-services/”.
The DanceAllStyles Company only offers dance lessons of 1h30, 2h or 3h (except for exceptional performances or requests for intensive lessons over a short period). For the creations of the first wedding dance , the partner teacher undertakes to perform a choreography of a minimum of two minutes (2mn) in six hours (6h) of lessons.
In the event of difficulties with the Partner Teacher, in the event of cancellation on his part or for any other reason, the DanceAllStyles Company undertakes to make its best efforts to find a new Partner Teacher as quickly as possible. for the Customer, provided that the Customer notifies the DanceAllStyles Company by telephone on +1 516 583 0808 or by email at “contact@danceallstyles.com”, also indicated on the Website, at least 7 days before the next lesson.
ARTICLE 6 – RENTAL OF ROOMS IN PARTNER STUDIO
The Services are performed at the Client’s choice either at the latter’s home or in a partner Studio.
It is specified that the Company DanceAllStyles reserves the right to refuse an Order in the event that none of its partner Teachers covers the geographical area concerned. For all classes taking place in one of our partner Studios, the Customer must pay the rental of the room directly to the Studio concerned, in advance (when booking the room) or at the studio on the same day of the service (depending on the conditions of the partner Studio). The Client must arrive fifteen (15) minutes before the start time of the course.
The start time of the performance of the Service will not be postponed in the event of the Customer’s delay, whatever the cause.
Room reservations cannot be canceled regardless of the notice period. The amount of the room rental will be due.
The course will be done in socks or barefoot; otherwise, provide “clean” or unworn shoes outside.
Customers must respect the rules of procedure of the partner Studio indicated therein, under penalty of expulsion from the course without refund.
The Clients’ personal belongings remain under their full responsibility and the responsibility of the DanceAllStyles Company or the partner studio cannot under any circumstances be held liable in the event of loss, damage or theft .
ARTICLE 7 – TERMS OF REALIZATION OF ORDERS
A Customer can place an Order with the DanceAllStyles Company by telephone on +1 516 583 0808 An operator can be reached every day, Monday to Sunday, from 10 a.m. to 9 p.m.
The Customer chooses his formula by telephone with the operator of the Company DanceAllStyles who will send him a Quote within 48 hours after the end of the telephone conversation, accompanied by these GCS.
The Quotations sent by the DanceAllStyles Company have a general validity period of five (5) or eight (8) days. The date is indicated on the estimate according to the project.
Any Order will be considered final either in the event of return of the signed Quotation, or simply in the event of payment of all sums, including the management fees provided for in the Quotation. Any Order received by DanceAllStyles is deemed to be firm and definitive. It entails adherence to and full acceptance of the T&Cs and obliges the Customer to pay for the Services ordered.
By validating the order, the Customer expressly authorizes DanceAllStyles to immediately begin the performance of the Service.
In accordance with the provisions of Article L221-28 of the Consumer Code, the Customer waives his right of withdrawal in this regard, the performance of the services taking effect before the expiry of the time limit for exercising this right. DanceAllStyles shall therefore not be held liable for any reimbursement of the Services ordered which find their source in the application of this period. The Services are nominative and the Customer cannot transfer them to a third party without the prior consent of DanceAllStyles.
Once the order has been validated, DanceAllStyles has a minimum period of one (1) week to find a Partner Teacher in the geographical area concerned, in accordance with the Customer’s order.
The Customer cannot refuse the Partner Teacher offered by DanceAllStyles.
He may request a change of Teacher after a first dance lesson and only for legitimate reasons justified in writing, it being specified that DanceAllStyles will appreciate the reasons invoked.
ARTICLE 8 – PRICES
8.1 – Display of prices
The Prices of the Services can be consulted from the page: “https://danceallstyles.com/our-services/”.
The Services are provided at the prices in force appearing on the Website or, if they are more advantageous, correspond to the price indicated on the Quotation.
The prices are expressed in Dollars ($) and specified for each Service at the hourly rate excluding taxes (HT) or all taxes included (TTC).
They can be modified at any time by the DanceAllStyles Company. When the prices are displayed inclusive of VAT, they take into account the VAT applicable on the day of the Order.
8.2 – Price changes
The DanceAllStyles Company reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in force on the day of the Order.
Any change in the applicable VAT rate may be passed on to the Prices. Prices cannot be changed once the Customer’s Order has been placed. Similarly, if one or more taxes or contributions were to be created or modified, up or down, this change may be passed on to the price of the Service offered on the Site.
In the event of a promotional offer, the DanceAllStyles Company undertakes to apply the promotional price to any Order placed during the duration of the promotion.
ARTICLE 9 – TERMS OF PAYMENT
9.1 – Rules
9.1.1 – After validation of an Order, the Customer is invited to pay the management fees by credit card to the Company DanceAllStyles.
The Price is payable in installments or in full depending on whether it is a private lesson formula or an event-based service under the conditions referred to in the Quotation or, failing that, under the conditions provided for in these General Conditions.
Please note, in the event of untimely payment or payment error, DanceAllStyles reserves the right to charge administrative costs which may amount to 30% of the price paid.
The management fees provided for in the Quote are paid to the Company DanceAllStyles by bank card. If the Customer so requests, the fees can be paid by bank transfer.
For performances of events and shows, the full price must be paid in advance to the Company DanceAllStyles.
DanceAllStyles will therefore be able to collect the total amount of the Service on behalf of the Partner Teacher in order to secure the transaction and then pay the agreed amount back to the latter.
The difference between the amounts collected by DanceAllStyles and the amounts paid to the Partner Teacher corresponds to the commission or remuneration of DanceAllStyles, which can in no way be considered as the Partner Teacher or the direct provider of the dance class.
In all cases, the DanceAllStyles Company or its agents undertake not to keep information relating to means of payment unless you have expressly expressed a contrary wish.
The Client can also make a payment at the end of each course or Service, according to the methods established by the Partner Professor (cash, checks or transfers made seventy-two hours (72h) at least before the course).
The DanceAllStyles Company can in no way be held liable for any difficulties that have arisen between the Customer receiving the dance class and the Partner Teacher, in particular when paying for the services.
Regardless of the method of payment chosen by the parties, the full Price of the Services must in any case be paid at the latest at the end of the last lesson taken by the Customer as part of his Order.
9.2 – Delay and absence of payment
9.2.1 – Any payment incident is subject to late payment interest.
9.2.2 – With regard to Professional Customers, any amount not paid on the due date appearing on the invoice entails the application of the penalties below without a reminder being necessary.
With regard to individual Customers, any sum not paid on the due date appearing on the invoice, entails the application of the penalties below within a period of seven (7) days from a notification sent to the Customer by way of e-mail or by any other authentic means of notification.
9.2.3 – The amount of the penalties results from the application to the sums remaining due of a legal interest rate in force at the time of the incident as well as a lump sum indemnity for recovery costs due to the creditor in the event of late payment of forty euros (€40).
No refund is possible once the contact details of the Partner Teacher have been sent to the Customer by DanceAllStyles.
For events and shows, no refund is possible from the moment the date has been set, if the cancellation is not due to DanceAllStyles.
In this case, the Service of the company DanceAllStyles is deemed to have been fully performed according to the terms of article L221-28 of the Consumer Code and the deposit remains due to the company DanceAllStyles.
• No refund is possible in the event of cancellation or non-performance of the Service by the Customer who cancels it less than five (5) days before the date of the course concerned. In this case, the amount of the course concerned will remain due by the Customer and must be paid to the Partner Teacher within a maximum period of fifteen (15) days from the date of the course not having been held.
In addition, the DanceAllStyles Company reserves the right, in the event of non-compliance with the payment conditions set out above or in the Quotation, to suspend or cancel the reservations made by the Customer and to prohibit him from accessing the course, without prejudice to any other course of action.
9.2.4 – In the event of non-payment, the DanceAllStyles Company reserves the right to terminate or resolve the Order placed at the fault of the defaulting party, without excluding any damages and interest that may be claimed as a result.
9.2.5 – The aforementioned penalties must be paid by the Customer by bank card or cheque, according to the methods specified in article 9 of the GCS entitled “TERMS OF PAYMENT”.
9.2.6 – In all cases, the DanceAllStyles Company reserves the right to call on collection companies.
TITLE III – LEGAL CONDITIONS RELATING TO ALL SERVICES
ARTICLE 10 – RIGHT OF WITHDRAWAL
10.1 – The legal principles of the right of withdrawal
• In accordance with the legislation in force in terms of distance selling, the Customer having the quality of consumer has a period of fourteen (14) days to exercise his right of withdrawal without having to justify reasons or to pay penalties, with the exception, where applicable, of return costs.
The period mentioned in the first paragraph of this article runs from:
- the conclusion of the contract for the provision of services or the supply of digital content;
- acceptance for the goods delivered;
- receipt of goods for mixed contracts (i.e. contracts having as their object both the provision of services and the delivery of goods).
When the fourteen-day period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day.
When the right of withdrawal is exercised, DanceAllStyles is required to reimburse the Customer for all sums paid, as soon as possible and at the latest within fourteen days of the date on which this right was exercised. Beyond that, the sum due is, as of right, productive of interest at the legal rate in force. This repayment is made by any means of payment. On the proposal of the company DanceAllStyles, the Customer who has exercised his right of withdrawal may however opt for another method of reimbursement.
10.2 – Exclusions from the right of withdrawal In application of article L221-28 of the Consumer Code in French law, resulting from Directive 2011/83/EU of the European Parliament and of the Council of October 25, 2011 relating to the rights of consumers, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, the right of withdrawal does not apply, among other things, in the following cases:
• For contracts for the supply of services fully executed before the end of the withdrawal period and whose execution has begun after the consumer’s express prior agreement and express waiver of his right of withdrawal;
• Between professionals,
- For contracts for the supply of goods made to the Customer’s specifications or clearly personalized;
- For contracts for the supply of sealed audio or video recordings or sealed computer software which have been unsealed after delivery;
- For contracts entered into at a public auction;
- For contracts for the supply of digital content not provided on a material medium if the execution has begun with the prior express agreement of the Customer, who has also acknowledged that he will thus lose his right of withdrawal.
- Under the terms hereof, in the event of a relationship between a Customer and a Partner Teacher, the Customer having placed this order with DanceAllStyles, when he is the beneficiary of a withdrawal period:
- – agrees that the connection service be carried out before the end of the 14-day withdrawal period
- – expressly waives its right of withdrawal.
ARTICLE 11 – RESPONSIBILITIES
11.1 – Customer’s liability
11.1.1 – You acknowledge that you are solely responsible for your Order.
By ordering the Services, the Customer certifies that he has ensured that he is not subject to any contraindication to the practice of sport and more particularly to the activities offered by the Company DanceAllStyles, namely in particular the acrobatic dance, gymnastics and dance.
11.2 – Responsibility and limitations of liability of the Company DanceAllStyles
11.2.1 – The Company DanceAllStyles performs its Services with the best efforts.
In all circumstances and for all stages of taking an Order and performing the Services, the Company DanceAllStyles only has an obligation of means.
11.2.3 – The DanceAllStyles Company cannot be held liable in the event that the non-performance of the obligations is attributable either to the Client, or to the Partner Teacher, or to the unforeseeable and insurmountable act of a Third Party, or finally, to a case of force majeure as defined by French law and case law.
11.2.4 – The company DanceAllStyles may present on its Website services offered by Third Party business partners, identified as such. In this case, the company DanceAllStyles does not offer any guarantee nor assumes responsibility for the services performed by these Third Party partners.
11.2.5 – Except in the event of gross negligence or willful misconduct at the exclusive origin of the damage suffered, the DanceAllStyles Company cannot be held liable, in any capacity whatsoever, for indirect, material or immaterial damage of any nature whatsoever. or in connection with the performance of its services.
In any case, in the event of the liability of the DanceAllStyles Company, you accept that the compensation which would be charged to the DanceAllStyles Company is limited to the price you paid when placing the Order. .
ARTICLE 12 – INTELLECTUAL PROPERTY
The content of the Website is the property of the DanceAllStyles Company, and is protected by French and international laws relating to intellectual property.
Any partial or total reproduction of this content is strictly prohibited and may lead to liability proceedings.
ARTICLE 13 – PERSONAL DATA AND PROTECTION OF PRIVACY
13.1 – Keeping records of personal data processing activities
In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR), the The Service Provider is considered a “processing manager” and must keep a processing register of the Personal Data collected in the course of its activity.
More specifically, Article 30 of the GDPR provides that:
“Each controller and, where applicable, the representative of the controller shall keep a record of the processing activities carried out under their responsibility. This register includes all of the following information:
(a) the name and contact details of the controller and, where applicable, of the joint controller, of the controller’s representative and of the data protection officer;
(b) the purposes of the processing;
(c) a description of the categories of data subjects and the categories of personal data;
(d) the categories of recipients to whom the personal data have been or will be communicated, including recipients in third countries or international organisations;
(e) where applicable, transfers of personal data to a third country or to an international organisation, including the identification of that third country or that international organization and, in the case of the transfers referred to in Article 49 , paragraph 1, second subparagraph, the documents attesting to the existence of appropriate guarantees;
(f) as far as possible, the deadlines provided for the erasure of the different categories of data;
(g) as far as possible, a general description of the technical and organizational security measures referred to in Article 32(1).’
All information that Customers may have provided to DanceAllStyles is strictly confidential. This information is necessary for the purpose of its processing, namely the provision of the Services and the management of the commercial relations maintained with the Customers.
13.2 – Information collected
The data collected includes some personal information, information allowing Customers to identify themselves socially, such as their name, email address or telephone number. This information is obligatory.
Conversely, some other data collected is not information relating to identity, such as navigation data relating to the software used, the connection computer or the Internet path taken by the Customer to arrive at the Website. .
13.3 – The use made of Personal Data
Personal Data is used by the Company DanceAllStylesfor the management of Services, the processing of Orders, to personalize communication with Customers according to their preferences and, potentially, by sending postal and electronic mail for prospecting purposes.
The DanceAllStyles Company undertakes not to assign, transmit or trade Personal Data in any way to Third Parties without the prior and express consent of the Clients.
On the other hand, if the Customers agree, the DanceAllStyles Company may transmit certain Data, including personal Data, to Third Parties or to Teachers, for commercial reasons, to fight against fraud but also, at any time, on the order of the authorities. legal.
13.4 – “Cookies”
The Customer is informed that during his visits to the DanceAllStyles Company website, a Cookie may be automatically installed on his navigation software.
A “Cookie” is a connection witness which designates a file likely to be saved, subject to your choices, on your computer or any other terminal, when you consult the DanceAllStyles Company Website. A Cookie file allows DanceAllStyles to identify the computer in which it is stored and the Customer’s preferences.
When consulting the DanceAllStyles Company Website, information relating to the navigation of the Customer’s computer or any other terminal may be recorded in “Cookies” files and installed, subject to the choices you have made. and which you can modify at any time in your browser.
The purpose of these “Cookies” is, for the Company DanceAllStyles, to establish statistics, to adapt the Website according to the preferences of the Customers and to offer an experience and documents that best meet the needs of the Customers.
Cookies do not contain personal information and cannot be used to identify anyone. A Cookie contains a unique, randomly generated identifier and is therefore anonymous. Some Cookies expire at the end of the Customer’s visit, others remain.
However, the Customer must give his consent to the use of certain cookies.
Failing acceptance, the Customer is informed that certain features of the site may be refused.
The Customer may deactivate these cookies via the parameters appearing in his navigation software.
13.5 – Customers’ rights
13.5.1 – In accordance with the GDPR, each Customer has a right of access, opposition, rectification, deletion and limitation of processing of information concerning him.
To do this, the corresponding request should be sent, indicating their name and e-mail address, to the person responsible for processing Personal Data at the following coordinates:
• By email to the following address: contact@danceallstyles.com;
Once the Customer’s request has been executed by DanceAllStyles, the latter informs the Customer by sending an email containing the Customer’s initial request and the proof justifying that it has carried out the required operations.
13.5.2 – In the event of a request for the deletion of Data, it is however specified that these may be kept in the archives to meet the legal obligations in terms of proof and security.
ARTICLE 14 – ARCHIVING
An archiving of communications between Customers and the DanceAllStyles Company is set up, respecting the legal deadlines, so as to allow their access in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
ARTICLE 15 – DURATION OF THE CONTRACT AND RESOLUTION
The duration of the contract is indicated in the special conditions or in the Estimate drawn up by the Company DanceAllStyles. Otherwise, it is concluded for an indefinite period. When the contract is concluded for an indefinite period, each of the Parties may terminate it, at any time, without having to justify its decision, but on the condition of respecting a notice of termination of one month before the effective termination of the contractual relations, current from the receipt of the notification sent to signify the termination of the contract, by email or by registered letter with acknowledgment of receipt, to the co-contractor, by the Party having taken the initiative of the termination.
It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of this agreement, will be validly put in default by the sole exigibility of the obligation, in accordance with the provisions of article 1344 of the Civil Code. Also, the refusal to accept or the failure to pay an invoice on its due date immediately makes all of the claim of the Service Provider due without prior formal notice.
If the defaulting debtor fails to immediately pay the sums due, the contract will be terminated automatically 5 (five) days after formal notice by a simple letter informing of the will of the DanceAllStyles Company to take advantage of this clause. , and remained without effect. The resolution will be acquired by simple expiry of the time limit.
In any event, the aggrieved Party may seek the awarding of damages and interest.
ARTICLE 16 – ENTIRETY OF THE GCS
The Parties acknowledge that these General Conditions of Sale constitute, with the Order, the entire agreement concluded between them and replace any offer, provision or prior agreement, written or verbal.
ARTICLE 17 – NULLITY
If any of the stipulations of these T&Cs proves to be invalid under a rule of law in force or a court decision that has become final, it would then be deemed unwritten, without however resulting in the nullity of the T&Cs or altering the validity of its other provisions.
ARTICLE 18 – WAIVER
The fact that one or other of the Parties does not claim the application of any clause of the General Conditions of Sale or acquiesces in its non-performance, whether permanently or temporarily, cannot be interpreted as a waiver by this Party to the rights resulting for it from the said clause.
ARTICLE 19 – OPPOSITION TO TELEPHONE SOLICITATION
Pursuant to Articles L. 223-1 and following of the Consumer Code, we remind you that if, apart from your relationship with our company, in general you do not wish to be the subject of commercial prospecting by telephone, you can register free of charge on a list opposing telephone canvassing.
ARTICLE 20 – APPLICABLE LAW AND LANGUAGE OF THE CONTRACT
These General Conditions and the operations arising therefrom are governed by French law. In order to jointly find a solution to any dispute that may arise in the performance of this contract, the contractors agree to meet within 30 days of receipt of a registered letter with acknowledgment of receipt, notified by one of the two parties.
This amicable settlement procedure is a mandatory prerequisite for the introduction of legal action between the Parties. Any legal action brought in violation of this clause will be declared inadmissible. However, if at the end of a period of 2 months the Parties were unable to agree on a compromise or a solution, the dispute could then be submitted to the jurisdiction designated below.
These General Conditions and the operations arising therefrom are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
ARTICLE 21 – JURISDICTION AND MEDIATION CLAUSE
In the event of a dispute with a customer acting as a professional, the commercial court of the location of the service provider’s registered office will have sole jurisdiction, notwithstanding multiple defendants and/or warranty claims, even for emergency procedures or protective procedures. in summary or by motion.
Finally, the consumer client is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. Art. L 612-1) or with the authorities of existing sectoral mediation, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.