Article 1 — Purpose and scope
These terms of sale (the “Terms”) govern the sale of the online book “Occipito-Podal Reflexotherapy and the Viscera of the Abdominal and Pelvic Cavities” (the “Online Book”) offered on the site https://www.guy-boitout.com (the “Site”) by the Association Française de Réflexologie (the “Seller”), identified in article 2, to any buyer acting as a consumer within the meaning of the French consumer code (the “Customer”).
Every order placed on the Site requires the prior and express acceptance of these Terms, collected through a checkbox when the order is confirmed. The applicable Terms are those in force on the date of the order; that version is archived with it.
The Online Book is the only product sold on the Site. The printed edition of the work is not sold here.
Article 2 — Identity of the Seller
- Legal name: Association Française de Réflexologie
- Legal form: registered association governed by the French law of 1 July 1901
- Registered office: 17 rue du Coq, 45600 Sully-sur-Loire, France
- SIREN number: 428 736 342
- SIRET number (registered office): 428 736 342 00026
- APE code: 85.59A — Continuing adult education
- Intra-Community VAT number: not applicable — the association is not liable for value added tax
- RNA number (national register of associations): W452017552
- Publication director: Guy Boitout, president of the association
- Contact email address: contact@institut-rop.com
- Telephone: +33 6 07 84 26 14 (WhatsApp preferred)
- Site host: Vercel Inc., 440 N Barranca Ave #4133, Covina, CA 91723, United States
Article 3 — Nature of the product sold
The Online Book is digital content supplied without a tangible medium, read online from the Site. No file is downloaded, sent or handed over to the Customer.
The order grants the Customer a personal, non-exclusive and non-transferable right of access to the Online Book, for strictly personal purposes. This right transfers no intellectual property right and does not constitute the sale of a copy.
Access is open for an indefinite period from payment, subject to article 11. The Seller undertakes to keep the Online Book accessible for a minimum of three (3) years from the order.
Article 4 — Price
The price of the Online Book is €70 inclusive of all taxes. It is stated in euros and displayed inclusive of all taxes on the order page, in the cart and on the order confirmation page.
Under French law no. 2011-590 of 26 May 2011 on the price of digital books, this price is the retail price set by the publisher and is binding on anyone offering the Online Book to a buyer located in France.
The Seller is not liable for value added tax. The stated price therefore includes no VAT and no VAT is charged to the Customer, whatever their country of residence. Should the Seller’s tax position change, the displayed price would remain the price inclusive of all taxes.
No delivery charge applies, as the Online Book is read online.
Article 5 — Ordering
An order is placed through the following steps:
- adding the Online Book to the cart;
- opening the cart, where the Customer can check the details of the order and its total price and, if needed, amend its contents;
- confirming the order: the Customer enters their email address, reads and accepts these Terms, and expresses consent to immediate performance of the contract under the conditions of article 8;
- redirection to the secure payment page and payment of the price;
- order confirmation, sent to the Customer by email to the address they provided.
The Customer is invited to check that their email address is correct: it is to that address that the access link to the Online Book is sent.
The sale is final only once the price has actually been collected. The Seller reserves the right to refuse any order that is abnormal, placed in bad faith, or for any other legitimate reason.
Article 6 — Payment
Payment is made by bank card, in a single instalment, at the time of the order, on a payment page hosted by the provider Stripe Payments Europe, Ltd. Card details are entered directly with Stripe: they do not pass through the Site and are neither collected nor stored by the Seller.
The accepted means of payment are those offered by Stripe on the payment page at the time of the order.
Article 7 — Provision of access
Access to the Online Book is opened immediately after payment is confirmed.
An email containing a personal access link is sent to the address given by the Customer. This link is valid for seven (7) days; it opens a reading session on the device from which it is used. The Customer may request a new link at any time from the Site, at the same email address, in particular in order to read on another device.
The access link and the reading session are strictly personal. The Customer undertakes not to communicate or share them, nor to allow a third party to use them.
Reading requires an internet connection and a recent browser. The Seller does not guarantee that the Site will work on obsolete or unusual configurations.
Article 8 — Right of withdrawal and express waiver
The Customer has, in principle, a period of fourteen (14) days in which to exercise their right of withdrawal, under article L. 221-18 of the French consumer code.
However, under article L. 221-28, 13° of the same code, this right cannot be exercised for contracts supplying digital content not provided on a tangible medium where performance began after the Customer’s prior express agreement and their express waiver of the right of withdrawal.
By ticking the box provided for that purpose when confirming the order, the Customer:
- expressly requests that performance of the contract begin immediately, before the withdrawal period expires; and
- expressly acknowledges that they will lose their right of withdrawal once the contract has been fully performed, that is, as soon as access to the Online Book is opened.
The date and time of that consent are recorded and kept by the Seller as evidence.
A Customer who does not wish to waive their right of withdrawal cannot receive immediate access; they may abandon the order before payment.
Article 9 — Legal guarantees
The Seller supplies the Online Book in conformity with the contract and is liable for lack of conformity existing at the time of supply of the digital content and appearing within two years of that supply, under the conditions of articles L. 224-25-12 et seq. of the French consumer code.
In the event of lack of conformity, the Customer may require the digital content to be brought into conformity free of charge, within a reasonable time and without major inconvenience to them. Failing that, they may obtain a price reduction or termination of the contract under the conditions of articles L. 224-25-17 et seq. of the same code.
The Customer also benefits from the legal guarantee against hidden defects provided for in articles 1641 to 1649 of the French civil code, allowing them, where a hidden defect exists, to obtain rescission of the sale or a price reduction, within two years of discovering the defect.
These guarantees are exercised free of charge with the Seller, at the email address given in article 2.
Article 10 — Intellectual property
All content of the Online Book and of the Site — texts, illustrations, diagrams, photographs, anatomical plates, summary materials, quizzes and reflex maps — is protected by intellectual property law and remains the exclusive property of its authors and rights holders.
The Customer undertakes in particular not to reproduce, represent, adapt, translate, distribute, make available to the public, resell, assign or exploit for commercial or teaching purposes all or part of the Online Book, nor to extract or reuse a substantial part of it, without prior written authorisation.
Reproduction of extracts for strictly private use, within the limits of the exceptions provided for in article L. 122-5 of the French intellectual property code, remains permitted.
Article 11 — Refund and end of access
Where an order is refunded, for whatever reason, access to the Online Book ends: the authorisation attached to the Customer’s account is revoked and no new access link is issued to them.
The Seller may suspend or revoke a Customer’s access in the event of a serious breach of these Terms, in particular sharing of the access link or unauthorised reproduction of the Online Book. Such a measure is notified to the Customer and, except in cases of established fraud, preceded by a formal notice that has gone unheeded.
Article 12 — Service availability and liability
The Seller endeavours to keep the Site continuously accessible. It may nonetheless suspend access for maintenance or in the event of force majeure, endeavouring to limit the length of the interruption and to inform Customers of it.
The Online Book is a reference work intended for health professionals and trained practitioners. It replaces neither training, nor a diagnosis, nor medical advice, and does not engage the liability of the Seller or of the author for acts performed by the Customer in the course of their practice.
The Seller cannot be held liable for damage resulting from the Customer’s own fault, in particular the sharing of their access link, nor for indirect damage. Nothing in these Terms limits the Seller’s liability where the law forbids it.
Article 13 — Personal data
The data collected when ordering — email address, order data, reading language — is necessary to process the order, to deliver access and to meet the Seller’s accounting obligations. It is not transferred to third parties for commercial purposes.
The Customer has a right of access, rectification, erasure, restriction, objection and portability, which may be exercised at the email address given in article 2. The full details — data collected, recipients, retention periods and cookies — are described in the privacy policy.
Article 14 — Complaints and consumer mediation
Any complaint must be addressed to the Seller — Association Française de Réflexologie, 17 rue du Coq, 45600 Sully-sur-Loire — at the email address given in article 2. The Seller undertakes to reply within a reasonable time.
Under article L. 612-1 of the French consumer code, the Customer may have free recourse to a consumer mediator with a view to settling the dispute amicably, after having attempted to resolve it directly with the Seller by a written complaint.
The Seller has appointed, by agreement, the following consumer mediation body:
- Avenir Conso
- 197 boulevard Saint-Germain, 75007 Paris, France
- www.avenir-conso.com
The Customer may refer a dispute to Avenir Conso either online, using the form available on its site, or by post to the address above, enclosing the documents supporting the request. Mediation is free for the Customer, its cost being borne by the Seller.
Under article L. 612-2 of the French consumer code, the request is admissible only if the Customer can show that they first attempted to resolve the dispute directly with the Seller by a written complaint, and if it is submitted within one year of that complaint.
Article 15 — Governing law and jurisdiction
These Terms are governed by French law. The more protective mandatory provisions of the country of habitual residence of a consumer Customer residing in another Member State of the European Union remain applicable.
Failing an amicable settlement, any dispute falls within the jurisdiction of the French courts, under the conditions laid down by the French code of civil procedure.