Last updated on May 4, 2024

Section 1 – Purpose of the General Terms and Conditions

These general terms and conditions (hereinafter “GTC”) aim to define the terms and conditions under which the company HO Digital, a single-member simplified joint-stock company (SASU) with a capital of €5,000, registered with the Paris Trade and Companies Register under number 983 277 724, with its headquarters at 9 rue des Colonnes – 75002 PARIS, represented by its president Mrs. Alizée THIEFIN, duly authorized (hereinafter “Seller”), sells to a customer (hereinafter “Customer”) the Products and associated Services as described in the Order (hereinafter “Products and Associated Services”).

Section 2 – Documents Comprising the Contract

The Contract governing the contractual relations between the Parties (hereinafter the “Contract”) consists of the following contractual documents:

• The Order placed on the Seller’s website
• These general terms and conditions of sale (GTC)

Section 3 – Formation of the Contract

The Product selected by the Customer is the one indicated in the Order placed on the Seller’s website, accessible at the following address (hereinafter the “Website”): https://hypno-goal.com/

The steps of the Order are as follows:

1. From the Seller’s website, the Customer selects the Product(s) and quantity of their choice.
2. The Customer clicks on the “Add to Cart” button.
3. The Customer can review their selection in the shopping cart, modify quantities, and see prices, including taxes and delivery fees, as well as the total amount of their selection.
4. The Customer clicks “Proceed to Checkout” to access the order summary page.
   On this page, the Customer is invited to fill in their billing and delivery details (name, address, email, phone, etc.) and can review their order summary, including the total price. The Customer is invited to select their payment method (credit card or PayPal) and agree to the privacy policy and the general terms and conditions of sale (which can be downloaded and saved).
5. The Customer proceeds to payment by clicking “Pay Now.”
   Until the payment step, the Customer can modify the Order, including correcting any errors made during data entry, by going back to the previous pages.
   A confirmation of the Order is displayed on the Website after payment confirmation. The confirmation includes a summary of the Order, its number, date, and amount.
   The Order confirmation is also sent by email to the Customer at the provided email address.
   When the Customer orders a Product consisting of audio recordings for self-hypnosis sessions, they will receive the audio file to download via email.
   The Seller reserves the right to block an Order, especially in cases of suspected fraud or confirmed fraud (compromised credentials, etc.).

It is specified that when the Order is placed on the Seller’s website, the Contract constitutes a distance contract, as defined in Article L. 221-1 of the French Consumer Code.

Therefore, the Customer, as a consumer, acknowledges having read and understood the content of these GTC before committing to the Order, which includes mandatory pre-contractual information as provided in Articles L111-1, L111-2 of the French Consumer Code, Articles L.221-5 and following, as well as Articles L224-25-5 and following.

The Customer confirms they have been informed about the nature and characteristics of the Product provided, their rights, and acknowledges that the Seller has remained fully available to provide further details before confirming the Order.

The Customer agrees to electronically sign and receive an electronic copy of the Contract.

Section 4 – Description of the Products and Services Sold on the Website

4.1 Important Information on the Nature of Products and Services Offered for Sale by HO Digital

HO Digital offers Products and Associated Services related to well-being hypnosis (non-medical). The Products and Associated Services offered on the website https://hypno-goal.com/ are not intended to provide medical treatment and should not be confused with therapeutic hypnosis, which may be used by a doctor for pain relief or sedation (e.g., in anesthesia). These Products and Associated Services do not constitute a diagnosis or medical treatment and do not replace consultation with a doctor, who is the only one authorized to make a medical diagnosis and recommend a treatment. The Products and Associated Services offered by HO Digital are also not related to directive hypnosis (stage hypnosis). The Customer is informed that the well-being hypnosis (non-medical) offered on the Website is considered “alternative medicine,” i.e., it is not officially recognized under French law or science. The information provided by HO Digital on the site and the Products and Services offered only reflect the opinions and personal views of the publisher. They are not scientific or medical opinions and should not be interpreted as medical consultations. The Customer is encouraged to review the available information about well-being hypnosis on the site, including the Legal Notice and these GTC, to ensure that the offered Products and Services are suitable for their needs and intended use.

4.2 Description of the Products and Associated Services

The Products sold on the Website are related to well-being hypnosis (non-medical). These may include self-hypnosis sessions offered in the form of audio recordings. Details on how to listen to the audio files are provided on the Seller’s Website.

Section 5 – Execution of Associated Services

When the Customer orders a Product corresponding to self-hypnosis sessions in audio form, they may contact the Seller for weekly follow-up after each week of listening.

The contact methods are as follows:

• Via Messenger from the Facebook page: Facebook Goal Page
• Via email: contacthypnogoal@gmail.com

The Seller is available Monday to Saturday (business days) from 9:30 AM to 7:30 PM.

Section 6 – Effective Date and Duration of the Contract

The Contract becomes effective upon the notification sent by email to the Customer confirming the Order and remains in effect until the completion of the associated services linked to the Product ordered.

Section 7 – Financial Conditions

The price of the Products and Associated Services is as indicated on the Website at the time of the Customer’s order. This price is subject to VAT.

When the Customer orders a Product consisting of self-hypnosis sessions in audio format, the price indicated on the Website includes the associated services.

The Customer agrees to pay the full price at the time of the Order.

The Customer may pay by credit card or PayPal.

Section 8 – Legal Information on the Right of Withdrawal Applicable to Consumer Customers

The consumer Customer is informed that the French Consumer Code generally provides a 14-day withdrawal right for distance contracts.

However, in certain cases, this withdrawal right does not apply.

Reminder of the principle of the withdrawal right:

A French consumer or resident in France generally has a 14-calendar-day withdrawal period, without having to provide a reason or pay any fees or penalties. The withdrawal period begins the day after the confirmation of the Order. The Customer may use the model for withdrawal below, but it is not mandatory. To respect the withdrawal period, the Customer must notify the Seller of their intention to withdraw before the period expires.

Model withdrawal form:

I hereby notify you of my intention to withdraw from my order number _______________

Customer Name _______________

Customer Address ______________

Email _________________ (only if sending this form on paper)

Date ________________(only if sending this form on paper)

Signature (only if sending this form on paper) ______________

If the right of withdrawal is exercised, a full refund will be made within fourteen (14) calendar days following the request for a refund, and via the same payment method used at the time of payment.

Exception to the principle of the right of withdrawal:

Under Article L221-28 of the French Consumer Code, the right of withdrawal does not apply to certain contracts.

This is the case when the Order concerns the provision of digital content not supplied on a physical medium, where execution begins after the consumer’s express prior agreement and express waiver of the right of withdrawal.

This applies when the Customer has ordered a Product on the Website https://www.hypno-goal.com/ corresponding to self-hypnosis sessions in audio format.

After the payment step of the Order, the Customer receives an email confirming the Order and the downloadable digital file.

The Customer is expressly informed and gives their express consent to waive their right of withdrawal in this email before downloading the digital product.

Section 9 – Seller’s Obligations

The Seller undertakes to provide all necessary care and diligence in fulfilling the Order and to inform the Customer of any difficulties or incidents that may arise during the execution of the Order.

Section 10 – Warranty for the Product(s) Sold to French Customers or Residents in France

French Customers or residents in France benefit from the legal warranty of conformity under Articles L.217-4 to L217-13 and L.224-25-12 to L.224-25-26 of the French Consumer Code, as well as the warranty against hidden defects under Articles 1641 to 1648 and 2232 of the French Civil Code.

• Article L217-4 of the Consumer Code
  The Seller delivers a product that conforms to the contract and is liable for any defects of conformity existing at the time of delivery. They are also responsible for defects resulting from packaging, assembly instructions, or installation if these are provided under the contract or under their responsibility.

• Article L217-5 of the Consumer Code
  A product is in conformity with the contract if:

1. It is fit for the usual purpose of a product of the same type and, if applicable:
   • It matches the description given by the Seller and has the qualities presented to the buyer in the form of a sample or model.
   • It has the qualities that a buyer can reasonably expect based on public statements made by the Seller, producer, or their representative, particularly in advertising or labeling.
2. Or, if it has the characteristics defined by mutual agreement between the parties or is suitable for any specific use desired by the buyer, communicated to the Seller, and accepted by them.

• Article L217-12 of the Consumer Code
  Actions resulting from a lack of conformity are subject to a two-year limitation period from the date of delivery of the product.

• Article L217-16 of the Consumer Code
  When the buyer requests a repair under the commercial warranty during the warranty period, any downtime of at least seven days is added to the remaining warranty period.

• Article L.224-25-12 to L.224-25-26 of the Consumer Code (regarding digital content):
  Refer to the following link on Légifrance: https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006069565/LEGISCTA000044132865/#LEGISCTA000044132865

• Article 1641 of the Civil Code
  The Seller is liable for hidden defects in the product that make it unsuitable for its intended use, or that reduce its use to the extent that the buyer would not have purchased it, or would have paid a lower price, had they known of the defects.

• Article 1644 of the Civil Code
  In cases of Articles 1641 and 1643, the buyer may choose to return the product and get a refund or keep the product and get a partial refund.

• Article 1646 of the Civil Code
  If the Seller was unaware of the defect, they are only required to refund the price and cover the costs incurred by the sale.

• Article 1648 of the Civil Code
  The action resulting from hidden defects must be initiated within two years from the discovery of the defect.

The Customer has two (2) years to invoke one of these guarantees. For non-conformity, the period begins from the delivery of the Product. For hidden defects, the period begins from the discovery of the defect.

If the apparent defect, non-conformity, or hidden defect of the product, as reported by the Consumer Customer, is proven after an inspection, the Seller may repair or replace the product free of charge. If repair or replacement is not possible, the Seller reserves the right to refund the Customer at their expense.

The Seller cannot be held liable for misuse, poor maintenance, or excessive use of the Products by the Customer.

Section 11 – Customer’s Commitments

By placing an order for Products and Associated Services, the Customer agrees to the following conditions:

• Be at least 18 years old and have full legal capacity;
• Not be suffering from mental health issues or under psychiatric care;
• Provide accurate, up-to-date, and truthful information during the order process.

Section 12 – Intellectual Property

The Seller holds the intellectual property rights relating to its website and the Products and Associated Services.

The Customer acknowledges that this Contract does not grant them any ownership rights over these intellectual property elements. The availability of these elements as part of the Order should not be interpreted as the transfer of any intellectual property rights, as defined under French intellectual property law.

Thus, the right of access and use granted to the Customer under these terms is exclusive of any transfer of intellectual property rights. This particularly concerns the rights mentioned in Articles L 122-1, L 122-6, L 122-7 of the French Intellectual Property Code.

The Customer strictly refrains from any other use of the intellectual property elements mentioned above, outside of the Order and for strictly personal use, especially any reproduction, adaptation, modification, representation, translation, arrangement, distribution, decompilation, without this list being exhaustive.

The Customer agrees not to infringe upon the rights of the intellectual property holder and not to perform any act that could result in the infringement of any part of the Site or the Products and Associated Services.

The Customer is informed that unauthorized use of these elements may expose them to legal action (unfair competition, infringement, etc.).

The Customer acknowledges that the intellectual property holder may have used pre-existing works, for which they have obtained the necessary rights for use.

Section 13 – Seller’s Liability

In accordance with the applicable legal provisions for distance contracts, the Seller is fully responsible for the proper execution of the obligations arising from the Contract concluded at a distance. However, the Seller can be exonerated from all or part of their responsibility by proving that the non-execution or poor execution of the Contract is due either to the Customer, to an unpredictable and insurmountable event caused by a third party, or to a case of force majeure.

Subject to the application of the aforementioned mandatory provisions for distance contracts, the Seller’s liability is only engaged in case of proven fault by the Customer. The Customer is solely responsible for the choices they make and the information they provide to the Seller. Therefore, the Parties agree that the Seller’s liability cannot be engaged due to the Product and Service’s mismatch with the Customer’s needs or the information they provided. Additionally, the Seller is only responsible for the Product and Service associated with the Order placed by the Customer.

Finally, the Seller’s liability can only be called into question for direct damages attributable to the execution or non-execution, even partial, of its obligations under the Contract, with the understanding that indirect damages are excluded. Therefore, the Seller’s liability will not be sought for any indirect harm, lost opportunity, loss of data, damage to reputation, or any other special damage or events beyond its control or any act not attributable to it. By express agreement between the Parties, the Seller’s liability is limited, for all direct damages combined, and unless proven negligence, to the amount excluding VAT paid for the Service.

Section 14 – Proof Agreement

The following provisions constitute the proof agreement between the Parties, who agree to respect this article. The Parties accept that in case of dispute, the following elements and processes will be admissible in court and will serve as evidence of the data and facts they contain, as well as the signatures and authentication methods they express:

• The Customer’s account data
• Information and data stored, in relation to the Order, on the Seller’s site or server
• The checkboxes used to record the Customer’s choice
• Payment data
• Automatic notifications
• The digital content ordered by the Customer

The Parties also acknowledge the validity and probative force of the online formation of the Contract, thereby formalizing the agreement of both Parties on the terms of the Contract at the time of the Order.

Section 15 – Force Majeure

The Seller shall not be held responsible for any delay or failure due to the occurrence of a force majeure event as recognized by French case law. In all cases, the Parties agree that any event originating from or caused by: power failure, telecommunications network failure, strike, riot, civil war, foreign war, terrorist act, extreme weather conditions, or an earthquake shall be considered as force majeure. The Customer wishing to invoke a force majeure event must notify the Seller in writing by registered letter with acknowledgment of receipt as soon as they become aware of such an event. Once the effects of the force majeure event have ceased, the Seller will immediately resume fulfilling its obligations. If the effects of the force majeure event persist for more than 15 days, the Parties agree that this Contract may be terminated by either Party by sending a registered letter with acknowledgment of receipt, without affecting the payment conditions for Products and Associated Services already provided.

Section 16 – Termination for Breach

In case of a breach by either Party of any of its obligations under this Contract, the other Party may, 15 days after sending a formal notice by registered letter with acknowledgment of receipt, terminate the Contract by right without prejudice to any damages and compensation to which they may be entitled due to the invoked breaches.

If the termination is initiated by the Customer, the Customer may terminate the Contract either by registered letter or electronically from their client area, using a termination button. The Customer must:

• Provide their name, electronic or postal contact details, the reference of the contract, or confirm this information if pre-recorded by the Seller;
• Indicate the reason for termination and provide supporting documents;
• They will then be redirected to a summary page to verify the provided information.
• They can then validate the termination and submit the notification by clicking on the “notify termination” button.
• The Seller will confirm receipt of the termination request and inform the Customer, within a reasonable time, of the date and effects of the termination.

Section 17 – Miscellaneous Provisions

Each clause of these terms must be interpreted, to the extent possible, in a way that validates it under the applicable law. If any provision is found to be illegal, void, or unenforceable by any competent court or administrative authority under an enforceable ruling, that provision will be considered void, without affecting the validity of the other provisions, and will be replaced by a valid provision of equivalent effect, which the Parties agree to negotiate in good faith, as they would have agreed to if they had known the provision was illegal, void, or unenforceable.

The failure of a Party to invoke any provision of these terms shall not be considered as a waiver of their right to enforce each of the terms and conditions.

Section 18 – Governing Law and Competent Jurisdictions

This Contract is governed by French law. Any dispute arising from the interpretation, execution, or termination of an Order or these General Terms and Conditions shall be subject to an initial attempt at amicable resolution.

Under Articles L 611-1 and following of the French Consumer Code, the consumer Customer has the right to use a consumer mediator (except for potential lawyer and expert fees) for the amicable resolution of any dispute with the Seller.

The Seller adheres to the mediation service:

CNPM CONSUMER MEDIATION
27, Avenue de la Libération, 42400 Saint-Chamond, France
Phone: +33 (0)9 88 30 27 72
Email: contact-admin@cnpm-mediation-consommation.eu

After a written approach by the consumer to the Seller remains unsuccessful, the mediation service may be called upon for any unresolved consumer disputes.

Section 19 – Customer Testimonials and Reviews

Testimonials and reviews provided by Customers to HO Digital are presented randomly on the website. In exchange for submitting a video testimonial, HO Digital may offer the Customer, as a thank you, a free session of their choice or a full or partial refund of the amount paid for the initial service. By submitting a video testimonial to HO Digital, the Customer expressly and irrevocably transfers all copyright and image rights associated with this content for an unlimited duration. This transfer includes the right for HO Digital to publish, broadcast, and reproduce the video on its website and any digital platform or promotional media of its choice, including but not limited to advertising platforms and social media.

The Customer acknowledges and agrees that their video testimonial will be systematically broadcast on the website www.hypno-goal.com

HO Digital commits to keeping testimonials and reviews for a maximum period of twenty (20) years. The Customer may request modifications to their review by contacting HO Digital electronically at the email address provided on the site.