MENTIONS LEGALES

General terms and conditions of sale and use.

Effective 01/12/2024

Preamble In accordance with the provisions of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the site are www.donatienne.org informed of the identity of the various parties involved in its creation and monitoring.

ARTICLE 1- PRIOR DECLARATIONS AND OBLIGATIONS OF THE PARTIES REGARDING MEDICAL LIABILITIES

The Client declares and guarantees to the Therapist that he or she is of legal age and has the legal capacity to accept the general terms and conditions of sale. If not, please refer to ARTICLE 4: SCOPE of APPLICATION and consult * (the asterix).

The services provided by the therapist constitute services relating to hypnotherapy, meditation, creative visualization and advanced symbolic therapy under the Consumer Code.

The Therapist reminds you that the services provided, which constitute different techniques offered, are not a substitute for a medical discipline and do not in any way replace a medical diagnosis or treatment and do not in any way exempt you from consulting a doctor. Her practice is complementary to the advice and consultation of health professionals.

The non-medical Services provided may take the form of techniques, advice, information, discussion groups, workshops.

Hypnotherapist Donatienne Dupont is neither a doctor, nor a psychologist, nor a psychiatrist, nor a psychotherapist. She therefore does not make a diagnosis or deliver treatment.

Hypnosis, visualization and meditation techniques should not be confused with esotericism and the paranormal either.

Donatienne Dupont is committed to respecting the ethics of her profession and not to substitute herself for a health professional. She accompanies the client within the scope of her field of expertise and does not give any medical advice or modify any current treatment.

It is important for the client to demonstrate responsibility for their health and to consult with competent health professionals for any medical or psychological problems. Hypnosis can be a complement to therapeutic care, but should in no way replace appropriate medical follow-up.

If in doubt, the client is encouraged to consult with their attending physician/psychologist/psychoanalyst/psychiatrist for their opinion on the use of hypnosis in their particular case. Collaboration between the hypnosis practitioner and healthcare professionals is essential to ensure the client’s safety and well-being.

Donatienne Dupont cannot be held liable if the patient decides not to follow the medical or psychological recommendations, or if he interrupts his treatment without the advice of his doctor or psychologist. It is the patient’s responsibility to follow the medical advice and prescriptions given by healthcare professionals to ensure their health and well-being.

Donatienne Dupont prioritizes the safety and well-being of her clients, and does not hesitate to end a collaboration if she feels that her competence is not adapted to the situation. She acts in the interest of its customers by referring them to appropriate health professionals to ensure adequate follow-up. This concern for the well-being and safety of customers demonstrates her commitment to quality and ethical service.

Donatienne also reserves the right to terminate an ongoing benefit if she believes that the safety of the beneficiary or any other person is compromised. In this case, no compensation will be granted.

Donatienne Dupont undertakes to respect the confidentiality of the personal information of the beneficiaries and not to disclose this information to third parties without their consent. She also undertakes to respect the code of ethics of her profession and to perform her services in accordance with professional ethics.

The Client/Beneficiary undertakes, when booking the service, to inform Donatienne Dupont if he or she finds himself/herself in the following cases (non-exhaustive list):

Not having to the best of their knowledge:

  • psychotic states or significant personality disorders serious psychiatric disorders such as schizophrenia, paranoid psychosis
  • being treated by a psychiatrist or released from a psychiatric hospital
  • having suicidal thoughts
  • be in a psychological or psychiatric emergency
  • having symptoms of depersonalization or dissociation neurological disorders
  • people prone to discomfort, loss of consciousness 
  • having severe depression or melancholy and not receiving psychological follow-up
  • being under the influence of psychoactive substances or intoxication 
  • wishing to consult for addiction to heavy drugs and not currently receiving help medically and psychologically
  • with a history of violence or aggressive behaviour
  • who are in psychological or emotional distress
  • people who endanger their own safety or the safety of others

In the cases mentioned above, it is important to consult and receive the approval of a health professional before consulting Donatienne Dupont and confirming a reservation.

Donatienne Dupont reserves the right to refuse access to her services. This decision is made in the interest of the person concerned as well as all participants. It is therefore important to follow the instructions and recommendations of Donatienne Dupont in order to maintain a safe and pleasant environment for all.

Before making any decisions about their mental or physical health, and avoiding any risk to the patient’s health, it is essential to follow the appropriate recommendations to ensure their safety and well-being. Specific precautions may be needed depending on the person’s health condition or medical history, so it is essential to proceed with caution to avoid any risks or complications.

Finally, any person who uses the services of Donatienne Dupont undertakes to provide sincere and complete information on his or her situation, in order to allow Donatienne Dupont to best adapt her services to his or her needs.

By accepting these conditions, the beneficiary acknowledges that he or she has read the rules set out above and undertakes to comply with them for the smooth running of the services offered by Donatienne Dupont.

The Client declares that he or she is informed of the nature of the services provided by the Therapist and acknowledges that the latter was at his or her disposal to inform him or her of everything that was important according to his or her needs.

The Therapist declares and guarantees to the Client that she is authorized to provide the services as a humanistic consultant, Hypnotherapist since November 2018.

The use or disclosure of confidential information without authorization may result in legal and ethical consequences. It is therefore essential to respect the confidentiality of the information exchanged with customers, except in cases where express permission has been given. This ensures the trust and security of the people involved in the professional relationship.

ARTICLE 2 : LEGAL INFORMATION

The sole proprietorship Donatienne Dupont, has the Legal Status of unregulated liberal profession, human health activities not classified elsewhere, APE code 8690F. It is subject to the Special Regime for Industrial and Commercial Profits (BIC).

The company is registered with the URSAFF under the SIRET number 843 352 345 000 22. The head office is located at Lieu Dit Monteuil, 79370 Prailles La Couarde.

The contact details of the Service Provider are as follows:

Donatienne Dupont

6 Impasse de Monteuil

79370 Prailles La Couarde

N° SIRET : 843 352 345 000 22

Mail : contact@donatienne.org

Phone number : +33(0) 6 74 93 76 59

ARTICLE 3 – SCOPE

Use of the www.donatienne.org site implies full acceptance of our terms and conditions of use appearing on our site.

These GTC and these General Terms and Conditions of Use provide a legal framework for the use of the services of the www.donatienne.org website. These general terms and conditions of sale and use as well as all the operations referred to therein are subject to French law. Any dispute relating to the relationship between the Client/User/Beneficiary and Donatienne Dupont is subject to the exclusive jurisdiction of the French Courts.

As the contract between the company www.donatienne.org and the User, access to the site must be preceded by acceptance of these GTC and General Terms and Conditions of Use. Access to this platform signifies acceptance of them both.

These terms of use may be modified or supplemented at any time, so users of the www.donatienne.org site are invited to consult and refer to them regularly.

*The Client further declares that he or she is capable of contracting under French law. Where applicable, it validly declares that it represents the person for whom it undertakes (Client/Beneficiary/User), and that it guarantees compliance with these GTC and General Terms and Conditions of Use for the person for whom it undertakes, or for all of its employees, employees, agents or beneficiaries of the service if the Client/Beneficiary/User is a legal entity or a group of individuals.

You represent that you are of legal age and possess the legal authority, right, and authority to enter into a binding agreement based on these Terms, to use the Services, and to purchase Products. If you are under the age of majority, you may use the Services or purchase Products only with the consent of your parent or legal guardian. To use our Site and/or enjoy our Services, you must be of legal age in your country, and possess the legal authority, right, and authority to enter into these Terms as a binding agreement. You are not permitted to use this Site and/or enjoy our Services if it is prohibited in your country, or by any law or regulation applicable to you.

The applicable conditions are those in force on the site on the date of booking a service. These General Terms and Conditions of Sale (known as “GTC”) apply, without restriction or reservation, to any purchase of the following services or services:

  • Therapy sessions (includes hypnosis/meditation/creative visualization/advanced Symbolic Therapy)
  • Personal Development
  • Workshops
  • Discussion group
  • Corporate Coaching

as offered by the Service Provider to non-professional customers (“Customers or the Customer”) through the www.donatienne.org The www.donatienne.org website (the “Site”) and/or the services, including all mobile applications connected to it (collectively the “Services”) and any offer or sale of activities (the “Services offered”) and the booking of such Services offered (the “Reservation”) through the Site, are owned and operated by Donatienne Dupont (hereinafter also referred to as “the Provider”, “we”, “us” or “our”).

They do not concern in any way the purchase of professional training which is subject to other general terms and conditions of sale called “General Terms and Conditions of Sale for Companies” and which are given during quotes and/or in training contracts.

The main features of the Services are presented on the website www.donatienne.org

The Client is required to read them before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer. These general terms and conditions of sale (GTC) apply without restriction or reservation to any purchase of the services offered by Donatienne Dupont, whether on the www.donayin.com website, or following a telephone exchange, or through the internet or by any other means.

They set forth the terms and conditions under which visitors or users (collectively, the “User” or “Beneficiary” or Customer”) may visit or use the Site and/or Services and purchase Products.

These GTC are accessible at any time on the www.donatienne.org website and will prevail over any other document.

Unless proven otherwise, the data recorded in the Service Provider’s computer system constitutes proof of all transactions concluded with the Client.

ARTICLE 4 – DEFINITION OF SERVICES AND GLOSSARY

The services provided are those that appear on the Donatienne Dupont website www.donatienne.org

The Client can make an appointment through the Hypnotherapist’s website, by phone, by SMS, by What’s app.

All sessions are offered within the limit of available appointments.

The service will begin at the time of the pick-up of the individual in a place defined in common, by video and at the time of the mutually agreed appointment.

Donatienne Dupont reserves the right to refuse any support that does not fall within the scope of her certified skills, which it makes available on request.

Lexicon:

Client/User/Beneficiary/Individuals/Customer : any natural or legal person who may be a potential client requesting the services of Donatienne Dupont :

  • Individuals seeking to benefit from its personal development consulting, coaching or therapy services.
  • Companies wishing to organize training or seminars for their employees.
  • Public institutions or associations seeking to set up accompaniment or support programmes.
  • Schools interested in interventions in educational settings.
  • Health or wellness professionals seeking collaboration or supervision.
  • Anyone wishing to offer a Donatienne Dupont service as a gift to a loved one.

Service provided: Remote or face-to-face sessions.

  • Therapy sessions (includes hypnosis/meditation/creative visualization)
  • Personal Development
  • Workshops
  • Discussion group
  • Corporate Coaching

Provider : Donatienne Dupont.

Booking : Making an appointment, ordering a service/service provided, registering for a service.

Session : Individual consultation or in a couple’s session on request and after agreement lasting 60 minutes, with the aim of accompanying them that may include hypnosis, meditation, creative visualization.

Workshops/discussion groups : Supervised support in groups or individually, for a duration defined prior to registration.

Accompaniment : A set of sessions, with no commitment from the Client as to their number, but booked successively or relating to the same theme/request/objective and spaced less than 3 months apart.

Remote/videoconference : Videoconference service provided live via software/application/online service, or by telephone if applicable.

In-office/Face-to-face : Service provided in the physical presence of the beneficiary(ies) and Donatienne Dupont.

Practice : a place defined in advance by Donatienne Dupont according to the request and needs of the Client/Beneficiary.

Outdoor setting/place : place of service in a space that the Client has the use of, or in another outdoor place defined in advance, and by mutual agreement for individual services and workshops/support groups. It can therefore be different types of places depending on the type of service provided and the needs of the Client.

Personal information : “information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (Article 4 of Law No. 78-17 of 6 January 1978).

ARTICLE 5 – PURPOSE OF THE GENERAL TERMS AND CONDITIONS

These general terms and conditions form a contract between Donatienne Dupont and the Client for remote or in-office sessions; workshops or support groups.

The purpose of these general terms and conditions is to determine and define the respective obligations of the User and Donatienne Dupont for these services, in accordance with the applicable legal and regulatory provisions.

ARTICLE 6 – BOOKING, PRICING CONDITIONS AND REQUEST FOR A QUOTE

A service can be booked by telephone, by message, by what’s app or by the contact form on the www.donatienne.org website

Services to individuals:

Payment for any service started is due in full, unless its interruption is due to Donatienne Dupont.

Individual sessions are provided at the current rates listed on the website www.donatienne.org when the order is registered by the Service Provider. They are subject to change outside the validity period without notice. All prices are indicated in pounds including VAT. Donatienne Dupont benefits from a VAT exemption.

The Client/Beneficiary is informed that the prices of the Services are not reimbursed by health service or social security.

The Client/Beneficiary can inquire at their Complementary Health Insurance because some complementary health insurance companies contribute to the costs of hypnosis sessions in the “alternative medicine” section. The invoice will then serve as proof.

Any order placed via the www.donayin.com site constitutes the formation of a contract concluded at a distance between the Client and the Service Provider.

Provision to groups of individuals:

The applicable rate and the method of payment for the services for the workshops and support groups is always the one in force at the time of the request for a quote and the reservation and are established on a case-by-case basis and validated by a quote. Workshops and discussion groups can be booked by sending a bank transfer corresponding to 50% of the price of the workshop or support group.

The Service Provider reserves the right to cancel or refuse any order from a Client or group of individuals (association, companies, institutions) with whom there is a dispute relating to the payment of a previous order.

An invoice is drawn up by the Service Provider and given to the Client when the Services are provided.

Requests for quotes are made by written contact at contact@donatienne.org

When booking their service or requesting a quote, the Client undertakes to inform the Service Provider of any change to the information provided, in particular in the event of a change in their contact details. The Service Provider cannot be held liable in the event of non-receipt of the information necessary for the performance of the service due to erroneous or non-updated information by the Client. In the event of inaccuracy, the Client may not request a refund or a credit note. It is therefore important to check and correct all the information provided before finalizing an order or transaction.

The Customer is also responsible for the confidentiality of his/her personal identifiers and information provided when booking or requesting a quote. She undertakes not to share them with third parties and to use them correctly and securely.

The Client is also responsible for ensuring the proper functioning of the applications (Skype, Zoom, etc.) for the performance of the service.

In the event of non-compliance with these conditions by the Client, the Service Provider reserves the right to cancel the booking or order without notice and without the possibility of a refund. The Service Provider also reserves the right to take legal action if false or fraudulent information has been provided.

ARTICLE 7 – PAYMENT TERMS

Payment for services for video/workshop/discussion group sessions is made:

  • by credit card via the Sum’Up box
  • by bank transfer *

Payment for face-to-face sessions is made at the end of the session, with the exception of payment by bank transfer, which must be made in advance. Donatienne Dupont does not take out loans, cash or cheques. The face-to-face service must be paid for immediately at the end of the service.

*For payment by bank transfer, the user must contact Donatienne Dupont via email prior to booking a service in order to agree on the terms and deadlines of payment. The payment of the service must then be made in advance, taking into account the time taken to receive the payment. Donatienne Dupont reserves the right to cancel the session or the User’s participation in the session/workshop/discussion group if payment has not been received before the start of the service.

When booking a service online, the confirmation of the service ordered as well as the date and time of its performance via receipt of the email sent at the end of the payment constitutes an electronic signature which has, between the parties, the same value as a handwritten signature. It is important to check the terms and conditions of the platform or site on which the booking was made. It is recommended to keep this confirmation email as proof of the booking and the agreed conditions.

For each purchase, only an invoice is sent to the Beneficiary on request.

ARTICLE 8 – ACCESS TO THE SITE

The purpose of the www.donatienne.org website is to provide information on all the company’s activities.

The site can be accessed free of charge from anywhere by any user with internet access. All costs necessary for access to the services (computer equipment, Internet connection, etc.) are the responsibility of the user. The website cannot be held liable for direct or indirect material damage related to the use of the site. Donatienne Dupont, humanist consultant and hypnosis practitioner is not responsible for the appearance of a bug or incompatibility of any kind when accessing the site. The user of the website undertakes to access the website using recent equipment, which does not contain viruses and with an updated latest-generation browser.

For maintenance or other reasons, access to the site may be interrupted or suspended by the publisher without notice or justification.

ARTICLE 9 – PERSONAL DATA

In France, personal data is protected by Law No. 78-87 of 6 January 1978, Law No. 2004-801 of 6 August 2004, Article L. 226-13 of the Criminal Code and the European Directive of 24 October 1995.

To make an appointment via the contact form for the User via the www.donatienne.org website, the collection of information at the time of registration on the website is necessary. The user provides this information with full knowledge of the facts, in particular when he or she enters it himself.

The Client is informed that the collection of his/her personal data is necessary for the sale of the Services and their performance and delivery, entrusted to the Service Provider. Donatienne Dupont, humanist consultant and hypnosis practitioner, collects personal information relating to the user only for the performance of the contract for the provision of services.

When the Client orders Services, the following names are collected: surnames, first names, postal address, telephone number and e-mail address.

All confidential information communicated by the Client to Donatienne Dupont for any service provided will only be used for the purposes of the Contract. 

As part of the payment of the Services offered on the www.donatienne.org site, the site records financial data relating to the Client’s/User’s bank account or credit card.

In accordance with the law n°78-17 of 6 January relating to information technology, files and freedoms, the collection and processing of personal information is carried out in accordance with privacy.

In accordance with the Data Protection Act of 6 January 1978, articles 38, 39 and 40, the User has the right to access, rectify, delete and oppose his personal data. This right is exercised by making a written and signed request to contact@donatienne.org accompanied by a copy of the identity document with the signature of the holder of the document, specifying the address to which the response must be sent.

When using the www.donayin.com website: the URL of the links through which the user has accessed the website www.donatienne.org the user’s access provider, the Internet Protocol (IP) address of the user may be collected.

No personal information of the user of the www.donayin.com site is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties.

Databases are protected by the provisions of the Act of 1 July 1998 transposing Directive 96/9 of 11 March 1996 on the legal protection of databases.

You can view Our privacy and data processing policy on our website.

You can also go directly to edit, delete or request information about your data on the GDPR Form page.

ARTICLE 10 – INTELLECTUAL PROPERTY

The trademarks, logos and content of the www.donayin.com website (graphic illustrations, texts, etc.) are protected by the Intellectual Property Code and by copyright.

The reproduction and copying of the contents by the User requires prior authorisation from the website. In this case, any use for commercial purposes or for advertising purposes is prohibited.

The photos and images contained on the www.donatienne.org site come from the photography portfolio of Donatienne Dupont, are only uploaded by the creator, webmaster, site editor and publication manager Donatienne Dupont and are protected by the Intellectual Property Code and by copyright.

ARTICLE 11 – LIABILITY

Although the information published on the site is deemed reliable, the site reserves the right to non-guarantee the reliability of the sources.

The information published on the www.donayin.com website is presented for information purposes only and has no contractual value. Despite regular updates, the site cannot be held liable in the event of any changes to the administrative and legal provisions that appear after publication. The same applies to the use and interpretation of the information provided on the platform.

The site declines all responsibility for any viruses that may infect the User’s computer equipment after using or accessing this site.

The site cannot be held liable in the event of force majeure or the unforeseeable and insurmountable act of a third party.

The site does not guarantee the full security and confidentiality of the data. However, the site is committed to implementing all the methods required to do so in the best possible way.

ARTICLE 12 – APPLICABLE LAW AND JURISDICTION

These terms and conditions (‘T&Cs’) this contract and the transactions resulting from them are governed by and subject to French law.

The use of the site is governed by these general terms and conditions of use (GTU) and are written in French. By accessing the site, you agree to abide by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site.

Translations are provided for informational purposes only and may not be used as evidence in litigation. In the event of a difference in interpretation and translated into several foreign languages, the original text in French will prevail in the event of a dispute.

If the parties are unable to reach an amicable agreement to resolve their dispute, they will have to refer the matter to the competent French courts to settle the dispute.

ARTICLE 13 – DISPUTES

This Agreement is governed by French law.

The Service Provider informs the Client of the possibility of using consumer mediation to resolve any dispute that may arise between them. The Client may contact the competent consumer mediator whose contact details are available below *on the www.donatienne.org website

Pursuant to Articles L 611-1 et seq. of the Consumer Code, the Client has the right to have recourse free of charge (except for any legal and expert fees) to a consumer mediator with a view to the amicable resolution of a dispute between the Client and the Service Provider.

*In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, our company has set up a consumer mediation system. The mediation entity chosen is: SAS CNPM – MÉDIATION – CONSOMMATION.

In the event of a dispute, the consumer may file a complaint on the website: http://cnpm-mediation-consommation.eu or by post by writing to CNPM – MEDIATION – CONSUMER AFFAIRS 27, avenue de la Libération – 42400 SAINT-CHAMOND

If the dispute arises between the Service Provider and the Client following a transaction concluded pursuant to these T&Cs and this dispute cannot be resolved amicably between the Service Provider and the Client/User or by mediation, it will be brought before the competent courts of Deux-Sèvres (Department 79) in France. The rules of procedure and common law will then be applied to settle the dispute.

ARTICLE 14 – INSURANCE

The Therapist is the holder of a professional civil liability insurance policy, in order to cover any direct damage, material or immaterial, that he or she may cause in the context of this Contract.

ARTICLE 15 – HYPERTEXT LINKS

The site may consist of hypertext links. By clicking on them, the User will leave the platform. The latter has no control over, and cannot be held responsible for, the content of the web pages linked to these links.

ARTICLE 16 – COOKIES

If you go to the login page, a temporary cookie will be created to determine whether your browser accepts cookies. It does not contain any personal data and will be deleted automatically when you close your browser.

When you log in, we will set a number of cookies to save your login information and screen preferences. The lifespan of a login cookie is two days, that of a screen option cookie is one year. If you tick “Remember me”, your login cookie will be stored for two weeks. If you log out of your account, the login cookie will be deleted.

When you edit or publish a posting, an additional cookie will be stored in your browser. This cookie does not include any personal data. It simply shows the ID of the post you just edited. It expires after a day.

Cookies are small files that are temporarily stored on the hard drive of the User’s computer. These cookies are necessary to ensure accessibility and navigation on the site. These files do not contain personal information and cannot be used to identify an individual.

The information contained in cookies is used to improve browsing performance on the www.donatienne.org website.

By browsing the site, the User accepts cookies. They can be deactivated via the settings of the browser software. Please see our Cookie Policy

ARTICLE 17 – DURATION OF THE CONTRACT

This contract is valid for an indefinite period. The start of the use of the website’s services marks the application of the contract with regard to the User.

ARTICLE 18 – CANCELLATION/DELAY/REFUND

If Donatienne Dupont is responsible for the cancellation of the session, the service paid in advance will be refunded. If the Client/Beneficiary informs Donatienne Dupont 48 hours in advance, the service paid in advance will be refunded. The services provided by Donatienne Dupont in the context of workshops and discussion groups cannot be reimbursed when expenses have been incurred in advance. When receiving and signing the quote, the non-refundable costs are mentioned.

The Service Provider also reserves the right to cancel, suspend or interrupt the Services provided if it finds, after signing the Contract, that the said Services are manifestly incompatible and/or unsuitable for the Client’s personal situation. This decision may be taken at the sole discretion of the Service Provider, after having informed the Client in writing. In the event of cancellation, suspension or interruption of the Services, the Service Provider cannot be held responsible for any consequences for the Client and will not be held liable for any refund of the sums already paid. However, the Service Provider undertakes to offer the Client an alternative solution if possible.

When the Client/Beneficiary is 15 minutes late, the session will be reduced by the same duration. Beyond 15 minutes late, the session will be cancelled and will not be refunded. In the event of repeated delays, Donatienne Dupont reserves the right to close the support. In the event of a delay by Donatienne Dupont, the Client/Beneficiary will be offered a new time slot for the service according to the availability of each person.

The reimbursement of a service paid in advance can only be made following a request for a postponement or in the event of cancellation reported within the allotted period of 48 hours. In the event of non-compliance with these two rules, no refund will be made. In the event of repeated absence, Donatienne Dupont reserves the right to close the accompaniment.

ARTICLE 19 – CONNECTION/FRAMEWORK

The User must have sufficient and functional internet access during the service, and suitable equipment.

In the event of a technical problem during the online service, the User undertakes to inform Donatienne Dupont as soon as possible in order to find an appropriate solution. It is also recommended that the User provide a secure internet connection to guarantee the confidentiality of the online service.

In the event of postponement or cancellation of the online service due to a technical problem related to the User, the conditions for postponement or cancellation will be defined on a case-by-case basis by Donatienne Dupont.

It is important that the User takes all necessary measures to guarantee the smooth running of the online service, in particular by checking the quality of their internet connection and ensuring that they have the appropriate equipment.

By accepting these conditions, the User acknowledges that he or she has read these recommendations and undertakes to comply with them to ensure the success of the online service with Donatienne Dupont.

The customer must have a phone/tablet/computer with a configured and working camera/webcam; a microphone or a suitable sound recording device; speakers or headphones/earphones; or a headset with a microphone; sufficient connection speed to enable remote delivery via the chosen system, software or application.

Prior to the service, the Client will have to either install the chosen software/application – Zoom, Skype, etc. and check that it is working properly on its equipment.

In the event of a problem related to the physical framework, the Client must inform Donatienne Dupont as soon as possible in order to find a suitable solution. It is the responsibility of the Client to guarantee the best conditions to fully enjoy the service offered.

ARTICLE 20 – DISCRETION

Donatienne Dupont as well as the Client/Beneficiary undertakes not to record the service in audio or video unless expressly requested.

All information shared in video and audio will remain strictly confidential, may not be published, disseminated or transferred to a third party and will only be used within the framework of the services agreed between Donatienne Dupont and the Client/Beneficiary.

ARTICLE 21 –PERSONAL RESPONSABILITY
The Client undertakes to work closely with the Service Provider in order to enable the proper performance of the services. It also undertakes to inform the Service Provider of any modification or evolution concerning the needs of the project.
With regard to the payment of services, the Client undertakes to comply with the payment terms agreed with the Service Provider. Any delay in payment may result in late payment penalties or suspension of benefits.
The Client undertakes to ensure that all information provided is accurate, complete and up-to-date. Any false or incomplete information could compromise the quality of the services delivered. In the event of non-compliance with these commitments by the Client, the Service Provider reserves the right to suspend or terminate the contract for the provision of services.
Donatienne Dupont undertakes to do her best to accomplish the task entrusted to it, but that she is not obliged to guarantee a specific result. If, despite her efforts, the service is not carried out as planned, this cannot be attributed to a breach of obligations.
It is important that the Client/Beneficiary becomes aware of his or her own decision-making power and the responsibility that comes with it, Donatienne Dupont can accompany, guide and support the Client/Beneficiary, but she cannot make the decisions for him or take responsibility for them.
It is therefore recommended that the Client/Beneficiary take the time to reflect, analyse and weigh the pros and cons before making an important decision. It is also advisable to consult with other professionals or trusted people for different views and advice.
In conclusion, the Client/Beneficiary must make his or her own informed decisions and assume the consequences thereof. Donatienne Dupont is there to support in this process, but cannot be held responsible for the individual choices made or liable in the event of non-performance, temporary or permanent, of her obligations when this non-performance results from a case of force majeure or fortuitousness.
ARTICLE 22 – TERMINATION OF ACCOMPANIMENT
The Client/Beneficiary is free to suspend or stop the support at any time without notice. If she or he has booked one or more sessions in advance, she or he undertakes to cancel them within the allotted time, i.e. at least 48 hours before each session.
ARTICLE 23 – RIGHT OF WITHDRAWAL
When a reservation or subscription for a session or workshop/discussion group is made remotely (by email or from the Service Provider’s website or through an online booking site) or when it is a so-called “off-premises” contract (for example concluded at the Client’s home) within the meaning of Article L. 221-1 of the Consumer Code. The French Consumer Code (Hamon Law No. 2014-344 of 17 March 2014 / Art L.121-21) provides for a possible withdrawal period of 14 days from the conclusion of the contract.
Article L221-1 of the Consumer Code defines it as “any contract concluded between a professional and a consumer, within the framework of an organized system of distance sales or provision of services, without the simultaneous physical presence of the professional and the consumer, by the exclusive use of one or more means of distance communication until the conclusion of the contract”.
The consumer has a withdrawal period of 14 days from the conclusion of the contract to withdraw, in accordance with Article L. 221-18 of the Consumer Code. He can exercise his right of withdrawal without having to justify reasons or pay penalties (except for direct costs).
Only requests for reimbursement made within the legal framework of the withdrawal period and with the model withdrawal form presented in Appendix 1 of these T&Cs may give rise to a refund.
When booking any service less than 14 days before the date scheduled for the performance of the contract, it is an early performance and the Beneficiary agrees to automatically waive its right of withdrawal of 14 days (Hamon Law No. 2014-344 of March 17, 2014 / Art L.121-21)
To exercise their right of withdrawal, the consumer may use the withdrawal form below provided by the Service Provider, but this is not mandatory. He may send an unambiguous statement indicating his willingness to retract. It is advisable to send this declaration by registered letter with acknowledgement of receipt to ensure proof of the exercise of the right of withdrawal within the given period. The return costs (direct costs) are borne by the consumer. Donatienne Dupont will send the Client an acknowledgement of receipt.
In the event of exercising the right of withdrawal, Donatienne Dupont will reimburse the Client for all sums paid, excluding delivery costs, without undue delay and at the latest within 14 days of receipt of the withdrawal request via the same means of payment as that used for payment.
In the event that the right of withdrawal does not apply to the entire order, only the price of the services subject to the withdrawal will be reimbursed by Donatienne Dupont.
It is important for the Service Provider to comply with these legal obligations in order to avoid any dispute with the consumer and to guarantee a service that complies with the regulations in force.
Customer acknowledges that it has received such information prior to the execution of this Agreement and agrees to receive a copy of this Agreement electronically and not on paper.
The Client who has exercised his right of withdrawal from a Contract for successive performance whose performance has begun, at his express request, before the end of the withdrawal period shall pay the Service Provider an amount corresponding to the service provided until the communication of his decision to withdraw; this amount is proportionate to the total price of the Service agreed in the Contract.
Cases in which the right of withdrawal does not apply :
If the Client makes an appointment for the performance of the Services on a date prior to the expiry of the 14-day withdrawal period, and if the Services are fully performed during this appointment, the Client acknowledges that it expressly and automatically waives its right of withdrawal, without the service provider being required to obtain its express request in writing.
The Client is thus informed that, in accordance with Article L. 221-28 of the Consumer Code, once the services have been fully performed, the right of withdrawal can no longer be exercised. It is therefore important for the Client to be aware of the specific withdrawal conditions for each provision of services and to give his express consent before the performance of the services begins.
It is recommended that the Client carefully read the general terms and conditions of sale and services before giving his consent and waiving his right of withdrawal, in order to avoid any inconvenience afterwards.
In case of doubt or question regarding the right of withdrawal and its exercise, the Client may contact the service provider for clarification.

WITHDRAWAL FORM

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

To the attention of Donatienne Dupont

6 Impasse de Monteuil

79370 Prailles La Couarde

contact@donatienne.org

I/we hereby notify my/our withdrawal from the contract for the provision of the services mentioned below :

Ordered on Scheduled to be carried out :

Name of Customer(s) :

Address of the Customer(s) :

Signature of the client(s) (only in case of notification of this form on paper) :

Date :

In accordance with Article 2 of Decree No. 2022-424 of 25 March 2022, these provisions enter into force on 28 May 2022.