Preamble

–

These General Terms of Sale (hereinafter the “GTS“) define the terms and conditions to which distance selling via the Sothys  Institute  website accessible at: https://www.institutsothys.paris/offrir-un-soin/ from the website: www.institutsothys.paris (hereinafter the “Website“),   between, on the one hand, the Customer and, on the other hand, the company Sothys Paris having its head office at 128, rue du Faubourg Saint-Honoré, 75 008 Paris, registered to the Commercial Register of Paris under number 451 170 807, N°IDU FR241129_01WMJV (hereinafter “Sothys Paris“).

Sothys Paris offers on this occasion the sale of gift vouchers on its Website allowing the Client to select:

– a facial treatment, a body treatment (ritual, massage) or a make-up service to choose from a list proposed in a drop-down menu (hereinafter the “Service(s)“),

or

– a gift voucher of a minimum amount of 100 euros to be used on the Service of his choice (hereinafter the “Gift Card“)).

(hereinafter the “Gift Vouchers“).

The relations between the parties are exclusively governed by the GTS in force at the time of placing the order by the Customer on the Website. Sothys Paris reserves the right to modify at any time the GTS, which come into force automatically when they are put online.

The Customer acknowledges having read the GTC and fully accepting them by ticking the box “I accept the general terms of sale of the Sothys Institute and I accept the privacy policy of Mindbody” when confirming each order. No order is possible without this acceptance.

Article 1 – Definitions

–

For the purposes of the GTS, the terms below have the following meanings:

“Customer“: Any natural person over 18 years of age, acting as an end consumer (i.e. not acting in the capacity of a trader) and ordering for Gift Voucher(s) on the Website. By ticking the box ” I accept the general terms of sale of the Sothys Institute and I accept the privacy policy of Mindbody“, the user declares perfectly matching the above definition of Customer and have full legal capacity to make purchases validly.

“Gift Voucher(s)“: refers to the gift voucher(s) purchased corresponding to one or more Services, and/or one or more Gift Card(s).  

“Order“: act by which the Customer orders and pays online the Gift Voucher(s).

“Purchase confirmation“: refers to the dematerialized document sent by Sothys Paris to the Customer, following his online purchase and summarizing his order and in particular the characteristics of the Gift Voucher(s) purchased and for which he has entered his credit card number for validation.

Article 2 – Controls

–

In order to ensure the security of transactions, to prevent fraud in means of payment on the Internet, and/or to ensure the quality and capacity of a Customer, Sothys Paris reserves the right to verify the reliability of the information entered during the registration of the Order and to ask the Customer for one or more supporting documents.

In addition, Sothys Paris reserves the right to cancel or refuse any Order from a person who does not meet the definition of the Customer, does not have the legal capacity to contract, and/or with whom there is a dispute relating to the placing or execution of a previous order.

Article 3 – Duration

–

These GTS apply throughout the duration of the posting of Gift Vouchers by Sothys Paris on the Website.

Sothys Paris reserves the right, without notice or compensation, to temporarily or permanently close the Website.

Sothys Paris is not liable for damages of any kind that may result from these changes and/or unavailability or permanent closure of all or part of the Website.

Article 4 – Gift Vouchers and Prices

–

Article 4.1 Characteristics and availability of Gift Vouchers

The Gift Vouchers whose sale is subject to the GTS are those presented on the Site on the day of the consultation by the Customer.  Sothys Paris reserves the right to change the assortment at any time.

Gift Vouchers sold on the Website comply with the regulations in force applicable in France.

In accordance with Article L.111-1 of the French Consumer Code, the Customer may, prior to his Order, read on the Website the essential characteristics of the Gift Vouchers he wishes to order and acknowledges having obtained from Sothys Paris all the necessary information before ordering.

Section 4. 2 Prices

The selling prices of the Gift Vouchers offered on the Website are indicated in euros all taxes included, and are those displayed on the Website at the time of placing the Order by the Customer.

The prices take into account the VAT applicable on the day of invoicing and any change in the applicable VAT rate will be automatically applied to the prices indicated. The VAT that will actually be paid by the Customer will be the VAT in force on the invoice date.

The prices indicated do not include the costs of access to the Website, which remain the responsibility of the Customer.

Sothys Paris reserves the right to modify the prices at any time but Gift Vouchers will be invoiced on the basis of the rate in force at the time of registration of the Order.

Promotional offers are only valid for the period of validity of the offer concerned, indicated on the Website.

Article 5 – Order taking

–

5.1 – Order taking by telephone

Step 1: the Customer calls the Sothys Institute at 01.53.93.91.53 to indicate the Gift Voucher(s) he wishes to buy. The Customer indicates his surname, first name, e-mail address and telephone number; as well as the surname, first name and e-mail address of the beneficiary of the Gift Voucher(s), if applicable.

Step 2: after validation of the Gift Voucher(s) (Service(s) and/or Gift Card(s)), the Sothys Institute will send the Customer an e-mail so that the latter validates his Order, accepts the GTS, the privacy policy of Mindbody, the personal data protection policy of Sothys Paris and proceeds to the secure online payment of the Gift Voucher(s).

Step 3:  the Customer clicks in the e-mail on “Validate my reservation” and is then returned to the secure payment page on which he:

– chooses his means of payment (Visa, Mastercard, Diner’s Club, Discover, JCB);

– completes his bank details (credit card number, expiry date of the credit card, name of the holder of the credit card, cryptogram of the bank card);

– clicks on “BUY“.

Step 4: the Customer is then redirected to the authentication page of his bank to confirm the payment of the Gift Voucher(s).

Step 5: the Customer then receives by an e-mail the Purchase confirmation summarizing the characteristics of his Order and a payment receipt. The Customer will also subsequently receive an e-mail containing the invoice and the GTS on a durable support.  If the Customer has ordered several Gift Vouchers during an Order, he will receive all the Gift Vouchers in a single e-mail.

Step 6: upon confirmation of the Order, the Gift Voucher(s) will be sent automatically to the e-mail address indicated by the Customer immediately or on a defined date, it being specified that the printing of the Gift Voucher(s) is the responsibility of the Customer or the beneficiary of the Gift Voucher(s) according to the Customer’s choice when he entered the receiving e-mail in Step 1.

5.2 – Online order taking

To order online, the Customer proceeds as follows:

Step 1: the Customer selects on the Website the tab “Offer a treatment” to make the online purchase of one or more Gift Vouchers and clicks on “OFFER A TREATMENT“.

Step 2:  the Customer is redirected to the MINDBODY platform (Sothys Paris service provider), to carry out the rest of the transaction, to the step “Create your gift voucher“. He chooses the model of Gift Voucher he wishes to order.

 The Customer selects the content of his Gift Voucher either by entering a value in Euros (minimum 100 euros); or by choosing a Service from the drop-down menu made available to him by clicking on the chosen Service and then clicking on “SELECT“. 

The Customer then indicates the information relating to the identity of the beneficiary of the Gift Voucher and the information relating to the person offering the Gift Voucher, leaves a personal message if he wishes, enters the e-mail address of receipt of the Gift Voucher and chooses the date of sending the Gift Voucher which will be sent by e-mail.

Once this information has been entered, the Customer validates his basket by clicking on “ADD TO BASKET“.

Step 3: The contents of the basket are displayed allowing the Customer to check the content of his order as well as the corresponding total amount.

The Customer has the possibility to delete Gift Vouchers from his basket by clicking on the cross to the right of the reference to be deleted. He can also click on “ADD A GIFT VOUCHER” to add a new Gift Voucher to his Order.

The contents of the basket can be checked and modified at any time by clicking on the button corresponding to the basket.

To validate his order, the Customer clicks on “PAY“.

Step 4:  The Customer finalizes his basket by:

– indicating his personal information (Surname, Name, E-mail, Phone number);

– clicking, if he wishes, on “I agree to receive news, commercial communications and personalized offers from SOTHYS PARIS.  For more information, see our Personal Data Protection Policy“, to receive information from Sothys Paris for commercial prospecting.

The Customer has the possibility before the validation of the Order to modify his choices or to correct any errors. Once the verifications have been carried out, the Customer definitively validates the Order by ticking the case “I accept the general terms of sale of the Sothys Institute and I accept the privacy policy of Mindbody” then by clicking on “VALIDATE“.

Step 5: the Customer is redirected to a secure page in order to proceed with the payment of his Order and to do this:

– chooses his means of payment (Visa, Mastercard, Diner’s Club, Discover, JCB);

– completes his bank details (number of the bank card, date of expiry of the bank card, holder’s name of the bank card, cryptogram of the   bank card);

– clicks on “BUY“.

Step 6: The Customer is then redirected to the authentication page of his bank to confirm the payment of the Gift Voucher(s).

Step 7: The Customer then receives an e-mail from the Purchase confirmation summarizing the characteristics of his Order and a payment receipt. The Customer will also subsequently receive an e-mail containing the invoice and the GTS on a durable support.  If the Customer has ordered several Gift Vouchers during an Order, he will receive all the Gift Vouchers in a single e-mail.

Step 8: Upon confirmation of the Order, the Gift Voucher(s) will be sent automatically to the e-mail address indicated by the Customer immediately or on a defined date, it being specified that the printing of the Gift Voucher(s) is the responsibility of the Customer or the beneficiary of the Gift Voucher(s) according to the Customer’s choice when he entered the receiving email address in Step 2.

Article 6 – Payment of the Order

–

6.1 Terms of payment of the Order

Payment for Gift Voucher(s) purchased on the Website is made exclusively in euros.

To pay for the Order, the Customer may use the following means of payment: Visa, MasterCard, Discover, Diner’s club, JCB.

Payment of the full price is due to the validation of the Order.

Sothys Paris reserves the right to suspend or cancel any execution of an Order in the event of non-payment, partial payment, refusal of payment by banking partners, fraud or attempted fraud in the use of the Website.

The Order is validated by Sothys Paris only after acceptance of the GTS by the Customer and verification of the confirmation of the validity of the payment.

6.2 Secure online payment

To ensure the security of payments, payment by credit card is made on the secure servers of Sothys Paris’ banking partners. This implies that no banking information concerning the Customer will pass through the Website.

The transmission of payment information is encrypted and secured using the PCI-DSS protocol. Credit card numbers are not stored on Sothys Paris’ computer servers.

Article 7 – Sending the Gift Voucher

The Customer may:

– either have the Gift Voucher sent by e-mail immediately or on a date defined by the Customer;

– or have the Gift Voucher sent by e-mail to the beneficiary of the Gift Voucher immediately or on a date defined by the Customer.

The Customer must verify the completeness and conformity of the information concerning the e-mail address indicated for sending the Gift Voucher.  Sothys Paris cannot be held responsible for any errors in the e-mail address indicated and the consequences that would result such as an impossibility of sending the Gift Voucher.

The printing of the Gift Voucher remains the responsibility of the Customer or the beneficiary.

Article 8 – Retention of ownership clause

 –

The Gift Vouchers ordered remain the property of Sothys Paris until full receipt of their price.

Article 9 – Conditions of use of the Gift Voucher

The value and validity period of the Gift Voucher (i.e. 6 months from the date of the Purchase Confirmation) are indicated on the Gift Voucher.

The Gift Voucher cannot give rise to any monetary consideration, in any form whatsoever, totally or partially. It cannot be replaced or refunded in the event of loss, theft, damage, destruction or exceeding the validity date.

Gift Vouchers must be used exclusively within the Sothys Institute, located at 128, rue du Faubourg Saint-Honoré, 75 008 Paris for the performance of one or more Services.

A prior reservation must be made by phone (01.53.93.91.53) or via the Website. The beneficiary of the Gift Voucher must specify that payment will be made by Gift Voucher.

The Gift Voucher must be presented on the day of the appointment.

In the event that the beneficiary wishes to benefit from a Service(s) whose amount is higher than that of the Gift Voucher(s), the latter must bear the difference and must pay it by any other means of payment accepted by the Sothys Institute.

In the event that the value of the Gift Card is greater than the amount of the price of the reserved Service; the Customer will have the possibility to subsequently use the balance of his Gift Card for the performance of a new Service, provided that the validity date of the Gift Card has not passed.

Article 10 – Right of withdrawal

–

In accordance with the provisions of Articles L. 221-18 and following of the French Consumer Code, the Customer has a period of fourteen (14) clear days to exercise its legal right of withdrawal, without having to justify its decision or bear any costs other than those necessary to deactivate the Gift Voucher(s).

This period runs from the day of receipt of the Purchase Confirmation, it being specified that the day of the starting point of this period does not have to be taken into account in the calculation of the fourteen (14) days. When the fourteen (14) day period expires on a Saturday, Sunday or a public holiday or non-working day, it shall be extended until the first working day following.

The right of withdrawal is exercised using the withdrawal form which can be downloaded using the following link: https://www.institutsothys.paris/retractation/ .

It is sufficient for the Customer to download the form, complete it and return it either by registered letter with acknowledgment of receipt to the following postal address: Sothys Paris,  L’Institut Sothys, 128 rue du Faubourg Saint-Honoré, 75008 Paris, or by e-mail to the email address: institut@sothys.net, before the expiry of the withdrawal period.

Only the Customer has a right of withdrawal, the beneficiary of the Gift Voucher(s) does not have a right of withdrawal and cannot obtain a refund of the Gift Voucher(s).

Any withdrawal made in accordance with the conditions of this article will give rise to a refund of all sums paid by the Client for the purchase of the Gift Voucher(s) in question, at the latest within fourteen (14) days from the date on which the right of withdrawal was exercised.

Sothys Paris makes the refund using the same means of payment as that used by the Customer for the initial transaction, unless expressly agreed by the Customer for Sothys Paris to use another means of payment and insofar as the refund does not incur any costs for the Customer.

It will be up to the Customer to destroy the Gift Voucher(s) that have been the subject of the right of withdrawal.

At the end of the withdrawal period, the Gift Voucher(s) are neither exchangeable nor refundable.

However, any Gift Voucher consumed, even partially, cannot be the subject of a right of withdrawal. Thus, no deactivation or refund will be possible.

Article 11 – Warranty

 –

The Gift Voucher(s) sold by Sothys Paris benefit(s) from the legal guarantee of conformity provided for in Articles L.217-4 and following of the French Consumer Code as well as the legal guarantee against defects in the thing sold provided for in Articles 1641 and following of the French Civil Code, allowing the Customer to request its replacement in the event of non-conformity or defect.

In accordance with Articles L.217-4 and following of the French Consumer Code, Sothys Paris is required to deliver goods in conformity with the Order made by the Customer and must be liable for any lack of conformity existing at the time of delivery of the latter.

As such, to comply with the contract, the property must:

1°) be fit for the use usually expected of similar property and, where applicable,

–          correspond to the description given by Sothys Paris and possess the qualities that it has presented to the Customer;

–          present the qualities that a Customer can legitimately expect in view of the public statements made by Sothys Paris or its representative, in particular in advertising or labelling.

2°) or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the Customer, brought to the attention of Sothys Paris and which the latter has accepted.

Article 12 – Liability

 –

Sothys Paris is exempt from all or part of its liability in the event of non-performance or improper execution of the Order attributable either to the Customer, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure.

The Website is accessible 24/7, except interruption, scheduled or not, for the purposes of its maintenance or in the event of force majeure. Being in fact subject to an obligation of means, Sothys Paris cannot be held responsible for any damage, whatever its nature, resulting from unavailability of the Website.

Interruption of such access shall not give rise to compensation.

In addition, Sothys Paris declines all responsibility:

–      for any occurrence of bugs;

–     for any damage resulting from fraudulent intrusion by a third party resulting in a modification of the information made available on the Website;

–     and more generally, any damage, direct or indirect, whatever the cause, origin, nature or consequence.

Any Order that is irregular, inoperative, incomplete or fraudulent for a reason attributable to the Customer will result in the cancellation of the Order at the expense of the Customer, without prejudice to any civil or criminal action against him.

Article 13 – Force Majeure

 –

Neither party is liable for the total or partial non-performance of its obligations under the Order if this non-performance is caused by an event constituting force majeure.

Are considered as cases of force majeure in addition to events meeting the criteria set by the jurisprudence of the Court of Cassation and legislation, any fact, and in particular but not exclusively any epidemic accompanied by public health measures, preventing the performance of obligations under the Order and which could not be overcome despite due diligence on the part of the party who suffers it.

The party invoking an event constituting force majeure must notify the other party within five (5) business days of the occurrence of such event. The parties agree that they shall consult each other as soon as possible in order to determine together the modalities of implementation of the order. Beyond a period of one (1) month of interruption due to force majeure, Sothys Paris may not honor the Order, at the expense of Sothys Paris to reimburse the Customer if necessary.

Article 14 – Protection of privacy and personal data

As part of the Customer’s user experience of the Website, Sothys Paris may collect personal data concerning him; as well as the surname, first name and e-mail address of the beneficiary of the Gift Voucher.  For more information: https://www.institutsothys.paris/donnees-personnelles/ .

As part of the realization and payment of the Order, the Customer is required to enter his personal data as well as the data of the beneficiary of the Gift Voucher on the MINDBODY platform. For more information: https://company.mindbodyonline.com/fr/legal/politique-confidentialite.

Article 15– Cookies

In order to improve the pleasantness and functionality of the Site to provide the Customer with better quality information and services, Sothys Paris and its partners may collect data relating to the use of the Site via cookies. For more informations :https://www.institutsothys.paris/en/cookies-policy/

Article 16 – Invalidity of a clause

In the event that one or more provisions of these GTS are, for any reason whatsoever, deemed null and void or unenforceable, this nullity or unenforceability shall not affect any other provision of these GTS.

Sothys Paris will replace said provision with a valid and enforceable provision, in accordance with the regulatory and legal provisions.

Article 17 – Non-waiver clause

The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these GTS cannot be interpreted by this party as a waiver of the obligation in question.

Article 18 – Entirety of the contract

These GTS and the Order form a contractual whole and constitute the entirety of the commercial relations between Sothys Paris and the Customer.

 In case of contradiction between these documents, the GTS will prevail.

Article 19 – Evidence – Data archiving

–
Sothys Paris will keep proof of communications, orders, payments, invoices, intervened on the Website on a reliable and durable support. At any time, the Customer can access the details of his Orders, either by logging into his account or by contacting Sothys Paris by phone.

In addition, by express agreement between the parties, the e-mails are authentic between the parties, as well as the automatic registration systems used on the Website, in particular as to the nature and the date of the Order.

In addition, invoices are archived on the Sothys Paris server for a period of ten (10) years.

Article 20 – Applicable law – Disputes

–

These GTS are governed by French law.

Any dispute must be sent in writing, either to the postal address: Sothys Paris, L’Institut  Sothys, 128, rue du Faubourg Saint Honoré, 75 008 Paris, France, or to the e-mail address: institut@sothys.net, in order  to seek an amicable solution.

The costs of sending the claim remain the responsibility of the Customer.

In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, Sothys Paris has subscribed to the services of the Paris Mediation and Arbitration Center (CMAP) (hereinafter the “Mediator”) whose contact details are as follows: 39 avenue Franklin Delano Roosevelt, 75008 PARIS – https://www.cmap.fr. Consequently, in the event of a dispute not resolved amicably with Sothys Paris, the Customer may submit the dispute to the Mediator free of charge.

To know the modalities of referral to the Mediator, the Customer can consult: https://www.cmap.fr/offre/un-consommateur/.

In addition, the European Commission, in accordance with the article 14.1 of EU Regulation No. 524/2013, makes available to the Customer free of charge an online dispute resolution platform at the following address:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&Ing=FR

If the dispute persists, the French courts have sole jurisdiction to hear any dispute relating to sales made through the Website, even in the event of multiple defendants.

Article 21 – Contact us

–
Any communication or request for information regarding the Order must be addressed to Sothys Paris:

– by phone at 01.53.93.91.53 from Monday to Saturday from 10am to 7pm;

– by post, to the following postal address:  Sothys Paris, L’Institut Sothys, 128, rue du Faubourg Saint-Honoré, 75 008 Paris;

– or by e-mail, to the following e-mail address: institut@sothys.net