The purpose of these general terms and conditions of sale and use (hereinafter referred to as the "GTCs") is to govern the entire contractual relationship between the company MONACO FIT COACHING, a limited liability company with a capital of 15.15, 000 and registered in the Monaco Trade and Companies Register under number 20S08572, having its registered office at 11, avenue Saint Michel, Buckingham Palace, 98000 MONACO, hereinafter referred to as "MONACO FIT COACHING" or "the Company" , and any client, a natural person, hereinafter referred to as the "Client") who uses the services and products offered by the Company on its website, in its centres or at home.
They may be supplemented by specific conditions of use for certain equipment or services, which supplement these general conditions.
The GTC-GU are available to the Client on the website www.monacofitcoaching.com where they can be consulted directly at any time. They can also be communicated to them again on simple request (by mail, fax or e-mail) made to the Company.
The subscription to any service(s) and the purchase of any product(s) by the Customer implies his/her adherence to the present general terms and conditions of sale, which he/she declares to have read and accepted in their entirety.
The Company reserves the right to modify the GCS-GU at any time. In the event of a modification of the GCS-GU, the GCS-GU applicable to the Client are those in force at the date of the subscription to the service(s) and the date of purchase of the product(s).
The Client acknowledges that he/she is of legal age and legally capable and therefore has the capacity to contract on the day of the subscription to the service(s), services and products offered by the Company.
Minors over the age of 16 may also become Clients, provided that they have previously obtained express authorisation to do so from the holder(s) of parental authority over them and that the holder(s) of parental authority has (have) agreed to be guarantor(s) of the minor's compliance with these GCP-GU.
In the event of subscription to a sports training programme, the Client acknowledges that his/her state of health does not present any contraindication to the practice of such a programme.
The Client undertakes, in this respect, to provide the company with a certificate of non-contraindication to the practice of sport less than 3 months old and within 15 days of subscribing to the said service and/or provision.
If no medical certificate is provided within the above time period, the Client releases the Company from all liability for any physical problems that may occur to the Client, the Client
acknowledging that they have then ascertained their physical fitness to follow a sports training programme.
In the event of subscription to a service(s) offered by the Company, the Client acknowledges that his/her state of health is not incompatible with the said service(s) that he/she has subscribed to.
Given the impossibility for the Company's teams to verify, prior to any online or on-site subscription, the suitability of the service and/or benefit subscribed to with the objectives and capacities (state of health, physical condition, training attendance, etc.) of the member, the latter acknowledges that he/she is responsible for the choice of the service and/or benefit he/she has selected after having read the descriptions provided by the Company on its website www.monacofitcoaching.com or given to the Client.
The Client certifies that he/she is aware of the prohibitions and contraindications related to the practice of the service(s) offered by the Company, which are listed on the information sheet that he/she filled out when subscribing to the service(s) offered by the Company and which are listed below:
EMS
EMS PROHIBITIONS: Pacemaker - Pregnancy - Cancer - Epilepsy
BODY SCULPTING Pro PROHIBITIONS: Pacemaker - Copper IUD - Piercing -
Pregnancy - Cancer - Epilepsy
CONTRAINDICATIONS:
Circulatory problems and disorders
Abdominal or inguinal hernias
Neurological disorders
Tendency to haemorrhage
Skin irritation, burns or injuries
Diseases that affect muscle metabolism
(diabetes, high blood pressure)
High levels of uric acid Alterations
Metabolic and Pathological Metabolism
Inflammatory diseases
LIPOLASER CONTRAINDICATIONS:
Tendency to haemorrhage
Avoid sessions during the menstrual cycle
Severe or drug-resistant heart problems
Unmonitored diabetes
Hyper or hypothyroidism
Liver problem
Evolving cancer
The children
PRESSOTHERAPY CONTRAINDICATIONS :
Circulatory problems and disorders
Abdominal or inguinal hernias
Neurological disorders
Skin irritation, burns or injuries
Diseases that affect muscle metabolism (diabetes, high blood pressure)
High levels of uric acid Alterations
Metabolic and Pathological Metabolism
Inflammatory diseases
CRYOface CONTRAINDICATIONS :
Cold allergy
Raynaud's syndrome
Cryoglobulinemia
The Company reserves the right to refuse the sale and/or supply of a service, service and/or product in the event of justified doubt as to the medical fitness of the Client.
The Client undertakes to provide true, accurate, complete, fair and up-to-date information and to inform the Company of any change in circumstances relating to the information provided.
In the event of an erroneous, false or incomplete declaration, the Company reserves the right to refuse to provide the service(s), service(s) and product(s) subscribed to and/or purchased by the Client, to suspend it/them or to terminate the contract under the conditions of Article 9 of these GCS-GU.
The Customer selects the service(s), service(s) and product(s) and, if applicable, the type of subscription and therefore the number of sessions he wishes to book.
It is the Customer's responsibility to check the accuracy of the order as indicated on the Contract and to report any errors immediately.
The services and products offered by the Company and subscribed to by the Client are non-transferable.
The Customer may not therefore assign or transfer in any way whatsoever, whether free of charge or for a fee, the service(s) or service(s) subscribed to.
The Client is the person who has subscribed and paid for the service(s), service(s) and product(s).
In the case of a subscription to a service, benefit or product on behalf of a third party, in particular in the case of a gift membership, the beneficiary of the service is indicated in the registration form and becomes the Client, although the company reserves the right in this case to refuse the membership if the Client does not satisfy the conditions referred to in Article 2 of these GCS-GU.
The services and products offered by the Company are detailed on its website www.monacofitcoaching.com under the tab "Our services".
For each of the services offered, it is presented:
a description of the technique used
a description of the practical recommendations
a description of the benefits
The rates for the services and products offered by the Company are also detailed on its website www.monacofitcoaching.com under the tab "Our rates" and are listed below:
ELECTROSTIMULATION
Per unit, without subscription 30 €.
Subscription 6 sessions 150 €.
Subscription for 12 sessions 240 €.
EMS BODYSCULPTING PRO
Per unit, without subscription 70 €.
Subscription 6 sessions 300 €.
Subscription 12 sessions €500
LIPOLASER
Per unit, without subscription 30 €.
Subscription 10 sessions 200 €.
PRESSOTHERAPY
Per unit, without subscription 30 €.
Subscription 10 sessions 200 €.
LIPOLASER & PRESSOTHERAPY
Subscription 10 sessions 400 €.
HELIGHT
Single ticket, without subscription 25 €.
Subscription 10 sessions 200 €.
CRYOFACE
Per unit, without subscription 80 €.
Subscription 10 sessions 400 €.
OXYDERME
Per unit, without subscription 80 €.
Subscription 10 sessions € 700
OXYDERM & CRYOFACE
Subscription 10 sessions €800
CLOTHES / OUTFITS
T-Shirt: 25 €.
Shorts: €25
Set (T-Shirt + Shorts): €50
Prices are quoted in euros and include all taxes.
The Company reserves the right to modify at any time the services and products offered as well as the prices.
The rates charged are those in force on the day of the subscription by the Customer.
The Customer shall pay the amount of the service(s), service(s) and product(s) when they are subscribed or purchased, possibly according to the schedule indicated in the Contract at the time of subscription and/or purchase.
To pay for the service(s), service(s) and product(s) purchased, the Customer may pay :
by cheque made out to the Company
in cash
The subscription to the service(s), service(s) will only be effective on receipt of the cheque, subject to its full cashing, or payment.
Any service(s) and benefit(s), once subscribed to, must be booked in advance.
Sessions for the provision of services must be booked by the Client directly with the Company or one of its employees and/or service providers (on site at the centre or by telephone)
The Company also provides some of its clients with personalised access to the DECIPLUS application, allowing them to book their sessions.
Sessions booked by the Client may be cancelled without charge, if the cancellation is made by the Client to the Company or one of its employees and/or service providers, or via the DECIPLUS application for Clients with personalised access, at least 24 hours before the start of the session.
Any cancellation made less than 24 hours before the start of the session will not be taken into account and the session will be invoiced and deducted from the subscription if applicable.
Article 9.1
The Client may automatically terminate the service(s) subscribed to in the event of a serious breach by the Company of its obligations, 15 days after a formal notice sent by registered letter with acknowledgement of receipt has remained without effect.
This registered letter with acknowledgement of receipt must be sent to the Company's head office, the address of which is given in Article 1 of these GCS-GU.
The Client may then obtain reimbursement, within a maximum period of one month following receipt by the Company of the said registered letter with acknowledgement of receipt, of the sums received by the Company, after deduction of the services and benefits already consumed by the Client and excluding any other indemnity or damages.
Article 9.2
The Company also reserves the right to terminate, ipso jure and without the need for any legal action, any service(s) and benefits subscribed to and membership contract:
in the event of a serious breach by the Customer of one of the clauses of these GCS-GU, 15 days after the sending to the Customer of a formal notice sent by registered letter with acknowledgement of receipt, which has remained without effect.
in case of acts of the Client contrary to the rights of third parties and to criminal law, and in particular, without being exhaustive, in case of theft, physical and/or verbal violence, violation of the rules of hygiene and safety, intentional degradation of the facilities made available by the Company, consumption or sale of illegal products...
The notification of this termination, without notice, will be effective upon receipt by the Client of the registered letter with acknowledgement of receipt from the Company setting out the reasons for the termination.
The Client may then obtain reimbursement, within a maximum period of one month following receipt by the Company of the said registered letter with acknowledgement of receipt, of the sums received by the Company, after deduction of the services and benefits already consumed by the Client and excluding any other indemnity or damages.
Any complaint may be addressed by the Client to the Company's head office, the address of which is given in article 1 of these GCS-GU, by registered letter with acknowledgement of receipt.
The Client is solely responsible for his/her physical condition and health.
The Client undertakes to take all necessary precautions for his health, safety and hygiene and to comply in all circumstances and at all times with the instructions issued in this respect by the Company, one of its managers or employees, or a service provider appointed by it.
The Client undertakes to respect the equipment and the premises. He also undertakes to behave appropriately at all times, and to show respect for the staff and/or service providers and other clients.
The Company reserves the right to refuse access to a session to any person who contravenes or has contravened the foregoing stipulations.
In general, the Company cannot be held liable in any way for the occurrence of events constituting force majeure, due to a third party. In particular, the following are excluded from its liability: strikes, changes in regulations, decisions by competent authorities in matters of safety and/or discipline or any other event that disrupts the proper performance of the contract.
Thus, the Client expressly waives any compensation of any kind whatsoever in the event of the occurrence of one of the above-mentioned events.
The Company has liability insurance underwritten by Beazley Solutions International Ltd, under policy number BFR-333321
Damage for which the Company is not responsible is not covered (fault of the Client, failure to follow instructions, improper use of equipment, etc.).
The Client is informed that photography and/or audio and video recording by the Company and other Clients is possible, which the Client accepts.
Unless the Client objects immediately, the Client authorises the Company, its employees, partners and/or service providers to photograph and/or record the Client's voice and image free of charge and to communicate these shots and/or recordings to the public worldwide for information, commercial and/or advertising purposes.
The Company is exempt from any liability in this respect.
In the course of providing the services and benefits offered, the Company collects personal data from Clients, namely the following data: Address, email, First name, Last name, Postal address, Country, Medical certificat, Date of birth, Telephone number, Sex, Size of equipment, History of services and benefits.
The Company collects and processes personal data from Clients for the following finalities: Provision of service(s), Management of customer relations, Management of payments, invoicing..., Information about the Provider, the Provider's services and activities, Response to possible questions/complaints from Customers, Compilation of statistics, Management of requests for rights of access, rectification and opposition, Management of unpaid invoices and litigation.
The data relating to the management of the personal data of the Clients are kept for the time strictly necessary.
Customers' personal data is processed by the Company's sales department and by any subcontractors and/or service providers for the sole purposes specified above.
The company may also communicate personal data to cooperate with administrative and judicial authorities.
The Company ensures that the personal data of the Clients is adequately and appropriately secured and has taken the necessary precautions afin to preserve the security and confidentiality of the data and in particular to prevent it from being distorted, damaged or communicated to unauthorised persons.
The data is hosted at the head office, SARL MONACO FIT COACHING, Buckingham Palace, 11 avenue Saint Michel, 98000 Monaco
Enfin, the Customer has the following rights:
the right to access and rectify, update, complete, block or delete personal data when they are inaccurate, incomplete, ambiguous, out of date, or whose collection, use, communication or storage is prohibited
right to withdraw consent at any time
right to limit data processing
right to object to the processing of data
right to data portability
the right to determine the fate of the data after their death and to choose to whom the Company should communicate (or not) their data to a third party that they have previously designated
For all questions and requests, the Client may contact the Company in writing at the following address SARL MONACO FIT COACHING, Buckingham Palace, 11 avenue Saint Michel, 98000 Monaco
The Client may, if necessary, lodge an appeal with the internal control authority, the CCIN in Monaco.
The present GTC-GU are written in French, which will be considered as the language of the parties.
These GTC-GU are strictly subject to Monegasque law.
In the event of disputes relating to the execution or interpretation of these terms and conditions, their consequences and consequences, the parties shall do their utmost to seek an amicable agreement. Failing this, the Monegasque Courts shall be expressly and exclusively responsible.
Done in Monaco, on 15/08/2021