Terms of Use

1. OBJECT

These Terms of Use aim to define the rights and obligations of MOTION CONCEPT and the client service presented by MOTION CONCEPT on its website the-motion-concept.com (see "the Site" section) and on its mobile app "Motion Concept" (see "the Mobile Application" section). They apply exclusively between MOTION CONCEPT, 1 rue Vital Michalon, 34090 Montpellier, Siret: 832 641 906 00017 (see "MOTION CONCEPT" section) and any individual consumer visiting or making a purchase via the website or mobile application (see "the Customer" section).

On the website, MOTION CONCEPT allows the customer to order online bodybuilding / wellness programs and to subscribe to obtain personalized programs regularly (see "the Service(s)" section) according to these Terms of Use.

On the mobile app, MOTION CONCEPT allows the customer to subscribe online in order to obtain access to various bodybuilding/wellness programs/sessions as well as media content on these themes (see "The Service (s)" section) according to these Terms of Use.

Any purchase made or subscription taken out with MOTION CONCEPT therefore entails the client's unconditional acceptance of these Terms of Use. These Terms of Use can be modified at any time and without notice by MOTION CONCEPT, the applicable Terms of Use being those in effect on the date of the order by the customer on the website or during the subscription period on the mobile application.

These Terms of Use are permanently accessible at the following address :

https://the-motion-concept.com/conditions-generales in a computer format allowing them to be printed and/or downloaded, so that the Customer can reproduce or save them.

2. SERVICES AND COMPLIANCE

2.1. The Services offered for sale are presented on the website and the mobile application of MOTION CONCEPT and accompanied by a description.

2.2. The services offered by MOTION CONCEPT comply with the standards applicable in France.

The elements such as pictures, texts, videos as well as all the information and characteristics illustrating and/or accompanying the services are not contractual, which the Customer admits.

Consequently, MOTION CONCEPT cannot be held liable in the event of any error or omission of any of these elements or in the event of modification of elements by suppliers and/or publishers.

3. CLIENT'S OBLIGATIONS

3.1. The customer declares to be at least 18 years old and to have the legal capacity or to be the holder of a parental authorization allowing him to place an order on the website or to subscribe to a paid subscription on the mobile application.

3.2. The Customer undertakes to communicate to MOTION CONCEPT the elements of information necessary and real for the performance of the service subject to these Terms of Use as requested online and depending on their situation, including their last name, first name and valid email.

The customer is responsible for the consequences arising from transmitted information which is false, inaccurate or the use of which would be illegal.

3.3. Once the order has been placed, MOTION CONCEPT sends the Customer an email confirming it. It informs him of the accessibility of the services.

3.4. The customer can modify his data in the "my profile" section.

4. ORDER/SUBSCRIPTION

4.1. Any order/subscription will only be validated after acceptance of payment.

4.2. MOTION CONCEPT reserves the right to cancel or refuse an order/subscription in the event of a dispute with the Customer on a previous order.

4.3. MOTION CONCEPT can accept orders/subscriptions while stocks last. It informs the customer of the availability of the services sold on the website at the time of confirmation of the order/subscription.

If, despite MOTION CONCEPT's vigilance, the services are unavailable, MOTION CONCEPT will inform the customer by email as soon as possible. The customer may then cancel his order and be refunded, if necessary, the sums already paid.

The definitive or temporary unavailability cannot in any case engage the responsibility of MOTION CONCEPT, any more than it cannot open any right to compensation or damages in favor of the client.

4.5. When the customer cancels his subscription, all access to Premium content will be removed directly at the end of the last due date.

5. PRICES

5.1. The prices displayed on the website are indicated in Euros with all French taxes included (French VAT and other taxes if applicable)

The prices can be modified at any time, without notice and in particular in the event of fiscal or economic data modification. The services will be invoiced on the basis of the rates in effect at the time of the registration of the order/subscription and for a given period for a promotion.

6. DELIVERY

6.1. MOTION CONCEPT delivers its products worldwide

The products are shipped with the delivery slip, to the address of the relay point indicated by the customer when ordering. Delivery cannot be made either to hotels or mailing boxes. The delivery times indicated on the website are indicative times, corresponding to the average times for processing and delivery. In order to meet these deadlines, the customer must ensure that he has communicated exact and complete information concerning the delivery address (such as, in particular: name of the relay point, street number of the relay point, street name of the relay point, country/city/Zip Code of the relay point, last name/first name of the person picking up the package, street/building/staircase number of the person picking up the package, street name of the person picking up the package, country/city/Zip Code of the person picking up the package).

In the event of a delay in delivery of more than 1 working month, if the product has not been dispatched, the customer may cancel the order by registered letter with acknowledgment of receipt and request refunding of his order. If the article has been dispatched before the reception of the cancellation of the order for delay of delivery of more than 1 month, MOTION CONCEPT will proceed to the refunding of the item, the shipping and return costs, only when receiving it, complete, in its original conditions and with all the labels.

MOTION CONCEPT undertakes to inform the customer of the progress of the processing of their order.

In case of damaged packages (already opened, missing product ...), the customer agrees to notify the carrier and MOTION CONCEPT, by any means within 3 days of receipt of the service.

MOTION CONCEPT cannot be held responsible for the consequences due to a delay in delivery which is not caused by it.

7. PAYMENT

Full payment must be made when ordering. At no time can the paid sums be considered as a deposit. The customer pays for his order by bank card (Visa, Eurocard/Mastercard, ...), in accordance with the provisions of this service/product.

The payment is represented in the form of monthly or yearly direct debits for a subscription on the mobile application which does not end until the voluntary and manual termination of the customer. The Customer subscribes by bank card (Visa, Eurocard/Mastercard, ...) which will allow regular debit, in accordance with the provisions of this service.

For any transaction, the customer will indicate the number appearing on the front of his card, the expiration date of his card and the cryptogram appearing on the back of his card (last three digits).

The communication by the Customer of his bank card number constitutes authorization for MOTION CONCEPT to debit his account up to the amount of his order or to establish a link with his bank account for monthly or yearly debit.

No cash on delivery will be accepted, whatever the reason.

MOTION CONCEPT retains ownership of the item until full payment by the Customer. Purchases are made securely. The payment solutions adopted by MOTION CONCEPT are 100% secure. For payments by bank card (blue card, visa card, e-card, ...), all the information that customers communicate to MOTION CONCEPT is strictly protected and guarantee the conformity and security of each transaction.

8. RETURNS AND REFUNDS OF ITEM(S)

RIGHT TO RETRACT

Within fifteen (15) days of receiving the order, the Customer may request MOTION CONCEPT for the return of the item(s) only in the event of a defective item.

To do this, the customer will go to the "Contact Us" page to request the procedure from the owner of this site.

The return is at the risk of the customer. The product must be returned in its original packaging, in its original condition, unused, accompanied by the delivery note.

The returned Product will be the subject of a credit note or will be refunded within a maximum period of fifteen (15) days from its receipt by MOTION CONCEPT. In the case of a refund, this will be done by a credit of the amount to be refunded to the customer's bank account.

If the client does not comply with these conditions, in particular the return or exchange conditions, MOTION CONCEPT cannot refund the concerned services (subscriptions, orders for virtual products such as online sports programs).

9. GUARANTEES AND RESPONSIBILITY

MOTION CONCEPT has, for all stages of access to the website/mobile application, from the ordering process to the dispatch of the package or subsequent services, only an obligation of means. MOTION CONCEPT cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, an external intrusion or the presence of computer viruses, or any fact qualified as force majeure, in accordance with law and jurisprudence.

10. INTELLECTUAL PROPERTY

Under no circumstances is the customer authorized to download or modify all or part of the website and the mobile application and in particular its content (listed services, descriptions, images, videos, etc...).

This website and the mobile application or any part thereof may in no case be reserved, copied, sold or exploited for commercial reasons without the express written authorization of MOTION CONCEPT.

In general, all copyrights, brands and other distinctive signs and property or intellectual property rights appearing on the website and on the mobile application will remain the full and entire property of MOTION CONCEPT.

The client is therefore required to respect intellectual property rights and may in no way register a mark which would prejudice the holder of the rights, unless otherwise provided in the contract.

The same applies to all other intellectual property rights.

11. GUARANTEES AND RESPONSIBILITY

MOTION CONCEPT undertakes to use confidential customer information only in the context of the operation of its website and mobile application.

For the proper progress of the order/subscription, the personal data collected will be subject to computer processing, the customer acknowledges having knowledge of it.

As such, information concerning him may be communicated to technical providers of MOTION CONCEPT.

Furthermore, MOTION CONCEPT may apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionality of the website, for example by tracking the number of visitors on certain pages.

In accordance with the law of January 6, 1978 modified by the law of August 6, 2004, the customer has a right of access and rectification of the personal data concerning him appearing in the files of MOTION CONCEPT. All requests must be sent by e-mail to: themotionconcept@gmail.com.

This computer processing has been the subject of a declaration to the "Commission Nationale de l’Informatique" (CNIL).

12. FORCE MAJEURE

In the event of an event of force majeure, the concerned party must inform the other within fifteen (15) days of the occurrence of this event, by registered letter with acknowledgment of receipt.

In an express manner, are considered force majeure or fortuitous event, in addition to those usually retained by the case law of French courts and tribunals, total or partial strikes, lockout, riot, boycotts or other industrial actions or disputes commercial, civil unrest, insurrection, war, inclement weather, epidemic, blockage of transportation or supply for any reason, earthquake, fire, storm, flood, water damage, government or legal restrictions, legal changes or regulatory forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing normal performance of the contractual relationship.

All of the parties' obligations will be suspended for the duration of the force majeure event, without compensation.

If the force majeure event continues for more than three (3) months, the contract concerned may be automatically terminated without compensation for either party.

13. GENERAL PROVISIONS

13.1. PARTIAL INVALIDITY OF A CLAUSE

If any of the stipulations of these conditions is declared null or not opposable by a competent court, it will be declared unwritten and will not result in the nullity of the other stipulations.

13.2. UPDATE

These general conditions can be modified at any time and without notice by MOTION CONCEPT, the applicable conditions being those in force on the date of the order or the establishment of the subscription by the customer.

These Terms of Use of sale are permanently accessible at the following address : https://the-motion-concept.com/conditions-generales in a computer format allowing them to be printed and/or downloaded, so that the client can reproduce or save them.

13.3. APPLICABLE LAW - COMPETENT TRIBUNAL

These Terms of Use are subject to French law as regards the substantive rules as the rules of form. Any dispute must be the subject of a prior attempt to reach an amicable settlement.

In the absence of an amicable settlement, jurisdiction is attributed to the competent French courts, notwithstanding the plurality of defendants or third parties.

13.4. : REPRODUCTION OF APPLICABLE TEXTS (ORDER 2005-136 OF FEBRUARY 17, 2005, CONSUMPTION CODE, CIVIL CODE)

The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

- To comply with the contract, the property must :

1° Be suitable for the use usually expected of a similar good and, where applicable :

2° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the Customer, brought to the attention of the seller and which the latter has accepted.

The action resulting from the lack of conformity lapses two years after delivery of the goods.

The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which reduces such use so much, that the Customer would not have acquired it, or would have given a lower price, if he had known them.

The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.