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General terms of sale

Contents36 sections
  1. Prices
  2. VAT
  3. Booking a place
  4. The language of courses
  5. Courses for professionals
  6. Payment
  7. If the balance is not paid
  8. Cancelling a place
  9. Cancelling less than 60 days before the course
  10. The right of withdrawal
  11. A course that begins during the period
  12. Replacing a participant
  13. Moving a place
  14. If the venue of the course changes
  15. If the date of the course changes
  16. If the seller cancels a course
  17. Private video calls
  18. The validity of hours
  19. The language of video calls
  20. The right of withdrawal for private video calls
  21. A video call held during the period
  22. Moving a video call
  23. If the seller cancels a video call
  24. Quotes
  25. Accepting and paying a quote
  26. What a quote gives rise to
  27. Project follow-up
  28. Digital recipes and eBooks
  29. Legal guarantee of conformity
  30. Between businesses
  31. Invoices
  32. A disputed payment
  33. Personal data
  34. A question or a disagreement
  35. The consumer mediator
  36. Model withdrawal form

The seller

Company name
NOS PAINS NOS GAINS
Legal form
Société par actions simplifiée (SAS)
Share capital
€1,000
SIRET
100 582 188 00015
Trade register
RCS Paris 100 582 188
VAT number
FR43100582188
Registered office
5 rue de la Félicité, 75017 Paris
Email
contact@nospainsnosgains.fr

These general terms of sale apply to what is sold on this site: course places at the bakehouse, digital recipes and eBooks, private video calls with Tristan, sold in packs of hours and held in one-hour slots, and services offered on the basis of a quote. A place can also be booked through Tristan; these terms apply in the same way. The seller is the company whose details appear at the top of this page; “Tristan” means Tristan le Gaudu, its president.

Prices

Prices are shown in euros, including VAT. For a course place, the price excluding VAT is also shown before payment; for a private video call, the hourly price is shown including VAT, with the price excluding VAT beside it. The price due is the one shown when the order is placed or, for a service offered on the basis of a quote, that of the accepted quote. Where a sale is invoiced excluding VAT, as the next paragraph explains, the price due is the price excluding VAT. The price of a digital recipe or an eBook, however, is the same for every buyer: only the VAT it includes changes with the buyer’s country, and it includes none where no VAT is due.

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VAT

VAT depends on what is bought, on who buys it and on the country where they are established or live. It is determined at the time of payment, from the address given before paying and, where the law requires, from other evidence: the country of the payment card, that of the connection the payment is made from, and the EU VAT number checked on VIES, the European Commission’s service. Where this evidence does not match, or the VAT number cannot be verified, French VAT applies; if the rule applied turns out to be wrong, the invoice is corrected by a credit note and a new invoice. The invoice states the rule applied, with the wording the law requires.

A place on a course at the bakehouse is subject to French VAT, at the rate in force, whatever the buyer’s country, because the course takes place in France; so is a tailor-made course given in France, for a consumer as for a business established in France. A private video call is subject to French VAT for a consumer or a business established in France. For a consumer established in another European Union country, a private video call is subject to the VAT of their country, at that country’s rate, which the seller declares through the European Union’s One-Stop Shop (OSS); as long as that VAT cannot be applied, online purchase is not open for an address in that country: the site says so before payment, and nothing is charged. For a business established in another European Union country whose EU VAT number has been verified, a private video call, a tailor-made course and anything a quote adds to them (an interpreter, travel) are invoiced excluding VAT: the VAT is then due from the customer under the reverse charge (Article 196 of Directive 2006/112/EC). For a business established outside the European Union, they are invoiced excluding VAT, French VAT not being applicable (Article 259‑1 of the French General Tax Code). For a consumer established outside the European Union, a private video call is sold without French VAT (Article 259‑0 A of the French General Tax Code for training, Article 259 B for advice), unless the seller applies French VAT; a tailor-made course given in France remains subject to French VAT.

A digital recipe or an eBook is subject to French VAT, at the rate that applies to that content, for a buyer established in France. For a business established in another European Union country whose EU VAT number has been verified, it is invoiced excluding VAT: the price due is the displayed price excluding VAT, and the VAT is due from the customer under the reverse charge (Article 196 of Directive 2006/112/EC); without a verified number, it follows the rule for a consumer. For a consumer established in another European Union country, it is subject to French VAT as long as sales of this kind to consumers in the Union stay below the annual threshold of €10,000 excluding VAT set by law; above it, to the VAT of their country, at that country’s rate, which the seller declares through the European Union’s One-Stop Shop (OSS). For a buyer established outside the European Union, it is sold without French VAT (Article 259 B of the French General Tax Code for a consumer, Article 259‑1 for a business). In a bundle that combines recipes and eBooks, the price of the bundle is split between them in proportion to their separate prices, and each share follows the VAT that applies to it. Where the VAT of a country cannot yet be applied, online purchase is not open for an address in that country: the site says so before payment, and nothing is charged.

For a buyer established in a French overseas department or territory, VAT follows the rules specific to those territories.

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Booking a place

A booking covers one or more places, each in the name of a participant: their first and last name are required, their email address is optional. The venue of the course is the one shown for the booked date, before payment, and repeated in the confirmation email. The clothing and equipment required are shown on the course page, before payment.

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The language of courses

The courses at the bakehouse whose dates Tristan publishes on this site are held in French. On the English and Spanish versions of the site, paying online for a place on one of these courses requires ticking a box confirming this. A course in another language is possible on request, as a tailor-made course, with an interpreter, subject to a quote.

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Courses for professionals

The courses at the bakehouse are designed for professionals. A consumer can also book a place: what changes for them is set out below, under the right of withdrawal.

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Payment

Payment is made online, by bank card, Apple Pay or Google Pay; it is processed by Stripe, and card details do not pass through this site. A course place is paid in full when booking or, when the course offers it, in two parts, as the person booking chooses: a deposit when booking, then the balance on a due date set a certain number of days before the first day of the course. The percentage of the deposit, the amount of the balance and the day it is charged are shown before payment and repeated in the confirmation email; they are fixed at booking, and a later change of settings or price no longer affects them. A course whose due date has already passed is paid in full. Sums paid in advance are a deposit (acompte), not arrhes within the meaning of Article L. 214‑1 of the French Consumer Code: the place is due in full, and what becomes of the deposit if the balance is not paid is set out in the next paragraph. By paying the deposit, the person booking authorises the seller to charge the balance on the due date to the same card, which Stripe keeps for that purpose; the sentence that says so is shown before payment, and the site keeps the time and the exact wording of that agreement. An email lets them know three days before the charge, or the confirmation itself when the due date falls less than three days after booking; they can also pay the balance earlier, from their account. If the charge fails (card declined or expired, confirmation required by the bank), or if no card could be kept because the deposit was paid by bank transfer, they are informed by email, with a link to pay the balance online and a deadline, set at least seven days after that failure and never after the day before the first day; a reminder is sent two days before that deadline, which Tristan may extend. During payment, the places are held for thirty minutes, then released if the payment has not gone through. When Tristan books a place for someone, he sends them a payment link by email and holds the place for three days; if payment has not arrived by then, the place stays held until Tristan puts it back on sale or extends the time with a new email. Tristan can also register someone whose bank transfer he has received. The booking is confirmed once the payment of the deposit or of the full price is received, and a confirmation email is sent to the person who booked.

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If the balance is not paid

If the balance has not been paid by the deadline, Tristan may cancel the booking: its places then go back on sale, the person who booked and the participants who gave their address are informed by email, and the deposit is kept by the seller as a cancellation indemnity (indemnité de dédit), after deduction of any part of it already refunded. This indemnity, agreed in advance, compensates for the place held and then released late; the seller claims no other sum for that booking. Tristan may also extend the deadline, with a new email containing the payment link; until he decides, the places remain booked. Someone who knows they will not attend can tell Tristan before the balance is due: he can then release their place without charging the balance, and the deposit is kept in the same way. These rules do not limit the refunded cancellation described below, nor a consumer’s right of withdrawal.

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Cancelling a place

The person who booked can cancel a place, from their account or by writing to Tristan at the site’s contact address, up to 60 days before the first day of the course, counted in calendar days, Paris time. The cancelled place is refunded what was paid for it, deposit included: the amount paid for the booking divided by the number of places, rounded down to the cent, with the last place cancelled in a booking refunding whatever remains. If a balance remained to be charged, it is recalculated on the places still registered; when the last place is cancelled, the booking is cancelled too, and nothing more is charged. The refund is made to the payment method used, or by bank transfer for a booking paid by transfer. The payment provider’s fees are borne by the seller: nothing is deducted from the amount refunded. Instead of cancelling, the person who booked can move their places to another date, as set out in “Moving a place”.

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Cancelling less than 60 days before the course

Less than 60 days before the first day of the course, a place can no longer be cancelled or refunded, because it could no longer be offered to someone else in time: it remains due, and the balance of a booking paid by deposit is charged on its due date as planned. It can, however, be moved to another date, as set out in “Moving a place”, or transferred to another person, free of charge, until the day before the first day. This rule does not limit a consumer’s right of withdrawal, described below.

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The right of withdrawal

Between businesses, or for a legal person such as an association, the law provides no right of withdrawal: the cancellation rules above apply. A consumer, meaning an individual acting for purposes outside their commercial, industrial, craft, liberal or agricultural activity, does however have the fourteen-day right of withdrawal provided by Article L. 221‑18 of the French Consumer Code: they may withdraw without giving any reason within fourteen days of making their booking, including less than 60 days before the first day of the course; a period that ends on a Saturday, a Sunday or a public holiday runs until the next working day (Article L. 221‑19 of the French Consumer Code). They exercise it by telling Tristan clearly, at the site’s contact address, for example using the model form published at the end of the terms of sale on the site. Everything paid for their places, deposit included, is then refunded, using the payment method used, no later than fourteen days after Tristan receives the request, and no balance is charged. The refund is in full, except for a course already begun at their request, as set out in the next paragraph. This right does not apply to digital recipes or eBooks, for the reason given below.

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A course that begins during the period

When a consumer books a course whose first day falls during their withdrawal period, they expressly ask for the course to begin before the end of that period: by ticking a box before paying online or, when paying by bank transfer, in writing to Tristan before being booked in. The confirmation of their booking reminds them of this. Once the course has been fully provided, whether they attended it or not, they lose their right of withdrawal (Article L. 221‑28, 1°, of the French Consumer Code). If they withdraw after the course has begun, before it has been fully provided, they owe the part already provided up to their withdrawal, in proportion to the total price (Article L. 221‑25 of the French Consumer Code): each day of the course that has already begun when they withdraw is due in full, and the price of the following days is refunded to them.

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Replacing a participant

Until the day before the first day of the course, the person who booked can transfer a place to someone else, free of charge, from their account, or by asking Tristan.

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Moving a place

The person who booked can move their booking to another date of the same course, from their account, once, up to seven days before the first day of the course: all their places together, to an upcoming public date with enough free places and the same price per place, free of charge. The booking keeps its invoices and payments. If a balance remains to be charged, its due date is recalculated from the new first day, at the earliest three days after the move and never after the day before, and it is announced before confirmation; a failed balance must be paid before any move. A moved booking can no longer be refunded online, even if the new date is more than 60 days away; its places can still be transferred to another person until the day before, and a second move, or a move to another course or to a date with a different price, is requested from Tristan. If the seller later cancels the new date, or changes its venue or days, the rules for those cases apply to the moved booking.

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If the venue of the course changes

The seller only changes the venue of a course already booked if the planned venue can no longer host it, for a reason beyond the seller’s control. The seller then informs the person who booked, and every participant who gave their address, by email as soon as the change is decided, giving the name and address of the new venue. If the new venue does not suit them, the person who booked tells Tristan so by replying to that email, within fourteen days of it being sent and no later than the first day of the course, even less than 60 days before it: Tristan offers them another date, or refunds in full what was paid for their places, deposit included, using the payment method used, and no balance is charged for them any more. Without a reply within that time, their places are kept at the new venue; however, if the change was announced less than seven days before the first day of the course, the place of a participant who does not attend is also refunded in full.

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If the date of the course changes

The seller only changes the days of a course already booked for one of the reasons that allow the seller to cancel it (next paragraph), when other days are possible rather than a cancellation. The seller then informs the person who booked, and every participant who gave their address, by email as soon as the change is decided, giving the new days. If the new days do not suit them, the person who booked tells Tristan so by replying to that email, within fourteen days of it being sent and no later than the first day of the course on its new date, even less than 60 days before it: Tristan offers them another date, or refunds in full what was paid for their places, deposit included, using the payment method used, and no balance is charged for them any more. Without a reply within that time, their places are kept on the new date, and a balance still to be charged remains due, on a due date recalculated from the new first day and announced by email; however, if the change was announced less than seven days before the new first day, the place of a participant who does not attend is also refunded in full.

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If the seller cancels a course

The seller only cancels a course for one of these three reasons: force majeure; illness of Tristan, who runs the courses; too few people booked for the course to go ahead, and only if this is announced at least 60 days before the first day. In each of these cases, everything paid is refunded in full, deposit included, and no balance is charged. The person who booked is informed by email, with the reason for the cancellation, as is every participant who gave their address.

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Private video calls

A private video call is an exchange by video call with Tristan, on this site, with nothing to install. It is sold in packs of whole hours, 1 hour at least, at the hourly price shown excluding and including VAT before payment; bundles of several hours are offered at the same hourly price. A pack is paid in full, online, by the same means as a place. Once payment is received, the hours in the pack are credited to the account of the person who bought it, and a confirmation email is sent to them with the invoice. They then book their video calls whenever they wish, from their account, from the slots Tristan opens on this site: a video call lasts one hour, which is deducted from the available hours when it is booked. No sum is due when a video call is booked. Each video call takes place on the day and at the time chosen when booking, Paris time. The person taking part joins the video call from their account on this site, from fifteen minutes before the start. If they do not join the call, Tristan remains available until the scheduled end time, and the video call is then deemed to have been provided. A video call sold on its own, before sales by packs of hours, keeps the terms accepted when it was paid for, attached to its confirmation email.

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The validity of hours

A pack is a prepaid credit of hours, whose video calls are booked from the slots Tristan opens on this site. It is not refundable, before or after its validity date, except in the cases provided for by law and by these terms (a consumer’s withdrawal, a video call the seller does not provide). The hours in a pack are to be used within 6 months of its payment, up to and including the day shown in the confirmation email and in the account. A video call must take place on that day at the latest. Hours not booked by that date are lost and are not refunded, except in the cases provided for in these terms (a consumer’s withdrawal, a video call cancelled by the seller). An email is sent as a reminder thirty days and then seven days before that date, if hours remain to be booked. Tristan may extend this validity; he does so automatically by thirty days when he cancels a video call less than thirty days before the validity ends. He also extends it, on request and on supporting evidence, by the length of an illness or accident that prevents the person from attending their video calls.

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The language of video calls

Video calls are held in French. On the English and Spanish versions of the site, paying online for a pack of hours requires ticking a box confirming this. A video call in another language is possible on request, on a tailor-made basis, with an interpreter, subject to a quote.

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The right of withdrawal for private video calls

A pack of hours can be bought by a business or by a consumer. For a business, or for a legal person such as an association, the law provides no right of withdrawal. A consumer, as defined above, has the fourteen-day right of withdrawal provided by Article L. 221‑18 of the French Consumer Code: they may withdraw without giving any reason within fourteen days of paying for their pack; a period that ends on a Saturday, a Sunday or a public holiday runs until the next working day (Article L. 221‑19 of the French Consumer Code). They can exercise it online, from their account, in the “My video calls” section, using “Withdraw” in the details of their hours; an acknowledgement of receipt is then sent to them immediately by email. They can also exercise it by writing to Tristan, at the site’s contact address, for example using the model form published at the end of the terms of sale on the site. The amount paid for the pack is then refunded, using the payment method used, no later than fourteen days after Tristan receives the request, less the share of the video calls already held or begun at their request during that period, calculated pro rata to the time spent over the number of hours in the pack, as set out in the next paragraph. Upcoming video calls are cancelled.

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A video call held during the period

When a consumer books a video call that takes place during their withdrawal period, they expressly ask, by ticking a box before confirming the booking, for the video call to take place before the end of that period, and acknowledge that they will lose their right of withdrawal if all the hours in their pack are used before it ends. The confirmation of their video call reminds them of this. If they then withdraw, they owe the share of the video calls already held or begun up to their withdrawal, whether they attended them or not, in proportion to the total price (Article L. 221‑25 of the French Consumer Code): the time of those video calls over the number of hours in the pack; the rest is refunded. A video call held without this express request is not owed. Once all the hours in the pack have been used at their request before the end of the period, the service has been fully provided, and they lose their right of withdrawal (Article L. 221‑28, 1°, of the French Consumer Code).

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Moving a video call

The person who booked a video call can move it to another free slot, for the same length, from their account, up to 48 hours before it begins. A booked video call is not cancelled at their request and is not refunded: its length remains deducted, unless Tristan agrees. Less than 48 hours before it begins, it can no longer be moved either, unless Tristan agrees. This rule does not limit a consumer’s right of withdrawal, described above. Tristan may suggest another time, but he never moves a video call without the agreement of the person who booked it; failing agreement, the video call stays at the time booked or, if the person prefers, Tristan cancels it at no cost, whatever the time left, and its length is returned to the available hours. A video call is only moved into a consumer’s withdrawal period at their express request, as when booking.

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If the seller cancels a video call

The seller only cancels a video call for force majeure or illness of Tristan, who leads the video calls. The length of the video call is then returned to the available hours, and the person who booked it is informed by email, with the reason. If they prefer to be refunded for the hours returned in this way, they obtain it on simple request, at the price paid for those hours, using the payment method used.

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Quotes

For what is not sold as such on this site, such as a tailor-made course, private video call hours in a chosen number, an interpreter or travel, Tristan draws up a quote, sent by email as a PDF. The quote shows each service, its price excluding and including VAT, and its validity date. Once sent, it can no longer be changed: a new version replaces it, and the old one can no longer be paid. It supplements these terms.

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Accepting and paying a quote

A quote is accepted by paying it before its validity date: in full or, when the quote provides for it, by the deposit it shows. Payment is made online, from the “Accept and pay” button in the email that comes with it, by the same means as a place, or by bank transfer of the exact amount to the bank details shown on the quote, with its number as the reference. Payment, of the deposit or of the full amount, constitutes acceptance of the quote and of these terms; a transfer of a different amount does not: any excess is returned, and any shortfall is to be made up within fifteen days of receipt of the transfer; after that period, the sum received is returned. A transfer made before the validity date and received after it is accepted, on proof of the date it was made. The quote is accepted once payment is received: a confirmation email is then sent, with the invoice, and an account is opened at the quote’s email address if one does not already exist. When the quote provides for a deposit, it shows the percentage of the deposit, the amount of the balance and the day it is due; the balance follows the rules for paying for a place set out above, charged on the due date to the card kept or, for a deposit paid by bank transfer, paid through the link received or by transfer, with the same deadline if the balance is not paid and the same fate for the deposit. On the English and Spanish versions of the site, paying a quote requires ticking a box confirming that the service is provided in French, unless the quote includes an interpreter into that language.

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What a quote gives rise to

A tailor-made course becomes, when the quote is paid, a private date on the days it shows, with the number of places provided for; its places follow the rules for course places set out above, for participants, cancellation, replacement, moving, a change of venue or date, the balance of a deposit and a consumer’s right of withdrawal. Apart from the case of an unpaid balance, set out above, the seller only cancels a private date for force majeure or illness of Tristan; all sums paid for that date, including places, travel and interpreter, are then refunded in full, and no balance is charged. The private video call hours in a quote are credited to the account of the person who accepted it, and follow the rules for packs of hours set out above, validity and withdrawal included, with no minimum number of hours.

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Project follow‑up

When a quote provides for it, it includes a number of follow-up video calls with Tristan, of a length shown on the quote, at no extra cost. These are preparation calls. The person who accepted the quote books them from their account, from the slots Tristan opens for this purpose; each must end before the first day of the course arising from the quote, and if that date is moved, the limit moves with it. For a quote with no course date, the limit is six months after it is paid. Follow-up video calls not used by that limit are lost: as they are included in the price of the quote at no extra cost, they give rise to no refund. Tristan may offer more than those in the quote. A follow-up video call can be moved or cancelled from the account up to 48 hours before it begins; it then becomes available again. Less than 48 hours before it begins, it remains counted, unless Tristan agrees. A follow-up video call cancelled by the seller always becomes available again, and Tristan offers another time before the limit; if no slot is free before it, the limit is pushed back accordingly, for that call only. The project space also allows messages and documents to be exchanged with Tristan. Tristan only closes the project once the limit has passed or all the follow-up video calls have been used; the closure, announced by email, only ends the writing of these exchanges, which remain readable in the account.

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Digital recipes and eBooks

A recipe, an eBook or a bundle that combines them is paid for online, by the same means as a place. Before paying, the buyer asks for immediate access and expressly waives their right of withdrawal, as provided by Article L. 221‑28, 13°, of the French Consumer Code; without that box ticked, the payment does not go through. As soon as the payment is confirmed, the recipe opens in the buyer’s account, under “My recipes and eBooks”, where its files can be downloaded; an eBook opens there in the same way, to be read online and downloaded as a PDF in the buyer’s name. Recipes and eBooks stay there for as long as the account exists, and any corrections Tristan makes to them appear there at no extra cost. If the buyer asks for their account to be deleted, access to their recipes and eBooks closes with it: it is up to them to download the files first. A partial refund leaves access open. A refund of the full price of an item, or a dispute of the payment with the bank, removes access to that item; access returns if the dispute is decided in the seller’s favour or closed without further action. For a consumer, recipes and eBooks are covered by the legal guarantee of conformity for digital content (Articles L. 224‑25‑12 et seq. of the French Consumer Code), set out below: a defect can be reported by writing to Tristan.

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Legal guarantee of conformity

The consumer has two years from the supply of the digital content or digital service to obtain the implementation of the legal guarantee of conformity if a lack of conformity appears. For one year from the date of supply, the consumer only has to establish the existence of the lack of conformity, not the date on which it appeared.

The legal guarantee of conformity entails the obligation to supply all the updates needed to keep the digital content or digital service in conformity.

The legal guarantee of conformity entitles the consumer to have the digital content or digital service brought into conformity without undue delay following their request, free of charge and without significant inconvenience to them.

The consumer may obtain a price reduction while keeping the digital content or digital service, or may terminate the contract and be refunded in full in return for giving up the digital content or digital service, if: 1° the trader refuses to bring the digital content or digital service into conformity; 2° bringing the digital content or digital service into conformity is unduly delayed; 3° the digital content or digital service cannot be brought into conformity without costs being imposed on the consumer; 4° bringing the digital content or digital service into conformity causes significant inconvenience to the consumer; 5° the lack of conformity of the digital content or digital service persists despite the trader’s unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a price reduction or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. The consumer is then not required to ask first for the digital content or digital service to be brought into conformity.

Where the lack of conformity is minor, the consumer is entitled to cancel the contract only if the contract does not provide for the payment of a price.

Any period during which the digital content or digital service is unavailable while it is being brought back into conformity suspends the remaining guarantee period until the digital content or digital service is supplied in conformity again.

The rights set out above result from Articles L. 224‑25‑1 to L. 224‑25‑31 of the French Consumer Code.

A trader who in bad faith obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L. 242‑18‑1 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for two years from the discovery of the defect. This guarantee gives the right to a price reduction if the digital content or digital service is kept, or to a full refund in return for giving up the digital content or digital service.

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Between businesses

A course place, and a quote that provides for it, are paid in full or by a deposit then a balance, under the conditions set out above; a pack of hours is paid in full when booking, and a quote without a deposit in full when it is accepted. Should a sum owed by a business remain unpaid after its due date, it would automatically bear late payment penalties at the rate applied by the European Central Bank to its most recent refinancing operation plus ten percentage points, and a fixed compensation of €40 for recovery costs would be due (Article L. 441‑10 of the French Commercial Code). When a balance unpaid by its deadline leads to the cancellation of the booking and the keeping of the deposit, as set out above, that cancellation indemnity takes the place of penalties: the two are not combined.

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Invoices

Each payment gives rise to a receipted invoice, drawn up in French, attached to the confirmation email and available in the account of the person who paid, under “My purchases”. It bears the name and address of the person or business paying: the address is therefore asked for before payment, from a consumer as from a business. The invoice is issued on payment, even long before the service, and then gives its dates; it also states the VAT rule applied, with its wording. For a booking paid by deposit, a deposit invoice is issued when the deposit is paid, then a balance invoice, which restates the full price and deducts the deposit, when the balance is paid. Invoices are numbered in a continuous series for each year, for example F‑2027‑0001. Each refund, in full or in part, gives rise to a credit note, numbered in its own series, for example AV‑2027‑0001: it refers to the invoice it corrects and keeps that invoice’s VAT rule. An invoice once issued is not changed: an error is reported to Tristan from the account, and an invoice that needs correcting is cancelled by a credit note and replaced by a new invoice.

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A disputed payment

If a cardholder disputes a payment with their bank, it is the bank that decides, on the basis of the evidence the seller sends it through Stripe. While the dispute is open, the disputed payment cannot be refunded in any other way: a request made in the meantime is dealt with once the dispute has been decided, and nothing is refunded twice. The dispute does not change the invoice already issued.

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Personal data

The information given for a booking or a purchase is used to carry it out, to draw up its invoice and to keep the evidence the law requires. How it is processed is described in the privacy policy.

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A question or a disagreement

Write to Tristan at the site’s contact address: an amicable solution is sought first. These terms are governed by French law. This choice does not deprive a consumer whose habitual residence is in another country of the protection afforded by the mandatory provisions of that country’s law, under the conditions of Article 6 of Regulation (EC) No 593/2008 (“Rome I”). These terms are written in French, English and Spanish; if the versions differ, the French version prevails, without depriving a consumer of the interpretation most favourable to them (Article L. 211‑1 of the French Consumer Code).

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The consumer mediator

If a dispute has not been resolved after a written complaint to Tristan, a consumer can refer it, free of charge, to the consumer mediator the seller is registered with (Articles L. 612‑1 et seq. of the French Consumer Code): CM2C, 49 rue de Ponthieu, 75008 Paris, https://www.cm2c.net/declarer-un-litige.php, litiges@cm2c.net, 01 89 47 00 14.

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Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To NOS PAINS NOS GAINS, 5 rue de la Félicité, 75017 Paris, contact@nospainsnosgains.fr:

I/We (¹) hereby give notice that I/We (¹) withdraw from my/our (¹) contract of sale of the following goods (¹)/for the provision of the following service (¹):

Ordered on (¹)/received on (¹):

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

(¹) Delete as appropriate.

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