Terms and Conditions of Sale – Osmo Studio
The purpose of these general terms and conditions of sale (hereinafter the ‘GTC’) is to define the reciprocal rights and obligations of Osmo Studio SAS, a simplified joint stock company with a capital of €1,000, whose registered office is located at 4, rue du Docteur Blanche, 75016 Paris, France, registered in the Paris Trade and Companies Register under number 989 572 961, with intra-community VAT number FR42989572961 (‘Osmo Studio’) and its customers (hereinafter, the ‘Customer’), in connection with the sale of products via the website www.osmo-studio.com (hereinafter, the “Website”) or the mobile application (hereinafter, the ‘Mobile Application’).
1. Stipulations générales relatives aux CGV
1.1. Scope of application of the GTC
The GTC apply to all online sales of individual credits, in the form of introductory offers, packages or Osmo Studio subscriptions (the ‘Credits’) for Lagree classes and similar activities (the ‘Classes’) marketed by Osmo Studio on the Website or via the Mobile Application, to the exclusion of all other contractual terms and conditions, in particular those that may be in force for the sale of other products or services offered by Osmo Studio.
The GTC constitute the contractual documents binding on the parties, to the exclusion of any other document that is for information purposes only.
1.2. Availability and enforceability of the GTC
The GTC are made available to Customers on the Website, where they can be viewed directly, and can be provided upon request to Osmo Studio.
Any order placed on the Website or via the Mobile Application implies full and complete acceptance of the GTC in force on the date of the order. The validation of the order by its confirmation implies unconditional and unreserved acceptance, with the GTC being stored and reproduced by Osmo Studio in accordance with legal requirements.
1.3. Amendments to the GTC
Osmo Studio reserves the right to modify the GTC at any time. In the event of modification, the applicable GTC are those in force on the date of the order, as confirmed by the email acknowledging receipt of payment, a copy of which can be provided upon request.
1.4. Validité – Indivisibilité
The invalidity of any clause in the GTC shall not invalidate the GTC or the other provisions.
The occasional non-application of a clause shall not be interpreted as a waiver.
2. Inscription
2.1. Account Creation
The use of Credits requires registration on the Website or Mobile Application, or on site with the assistance of Osmo Studio, by creating a customer account (the ‘Account’) giving access to a personal space for managing bookings and Credits (the ‘Personal Space’).
Registration is nominative and personal. The Customer guarantees the accuracy, sincerity and updating of their information and acknowledges that the validated information attests to their identity. Only one Account is authorised per Customer.
2.2. Usernames – Security
The Customer remains responsible for the confidentiality of their login details and must inform Osmo Studio immediately of any unauthorised use. Osmo Studio may take any appropriate measures in such cases.
2.3. Capacity – Minors
The Customer must be of legal age to enter into a contract. Registration is possible from the age of 16 with written parental consent. Orders for children under the age of 16 must be placed by their parents.
3. Credits and Courses
3.1. How Credits Work
Each Credit entitles the holder, subject to availability, to enrol in a class held at the studio operated by Osmo Studio (the ‘Class’). Credits are virtual, credited to the Personal Account, and are non-transferable, non-assignable and non-shareable.
‘Discovery’ offers may only be purchased once per Customer.
Osmo Studio may verify the Customer’s identity at the studio reception desk in order to authorise access to the reserved Course.
3.2. Description of Services and Availability
The services offered, their prices and their period of validity are presented on the Website or Mobile Application.
Orders are fulfilled subject to availability.
3.3. Booking and cancellation process
The Customer books their Classes via the Website or Mobile Application, or on site. Unless otherwise specified, the Customer may cancel up to 12 hours before the start of the Class.
After this time, cancellation is not possible and the corresponding Class Credit is lost.
Absences and late cancellations result in the permanent loss of the Credit.
In the event of cancellation within the deadline, the amount of the class in Credits will be credited to the Customer’s account for future use.
3.4. Subscriptions – Term and renewal
The monthly subscription is taken out for a minimum period of six (6) months and is tacitly renewed for periods of one month.
The Customer may terminate each period by giving one (1) month’s notice before the end of the period, by email addressed to Osmo Studio, with an explicit subject line indicating cancellation.
The subscription may be suspended if the Customer moves abroad (upon presentation of proof) or is medically unable to use the service (upon presentation of a certificate). Unused subscription months may be carried over. All requests must be sent by email to Osmo Studio.
4. Price
4.1. Selling price
In accordance with Articles L. 113-1 et seq. of the French Consumer Code, the sale prices are indicated for each Credit on the website, in euros including all taxes (taking into account the applicable VAT rates and other taxes applicable on the date of the order).
The total amount owed by the Customer for each Credit is indicated on the order confirmation page.
The price in effect on the date of the order applies.
4.2. Price changes
Osmo Studio reserves the right to modify its prices at any time, while guaranteeing that the price displayed at the time of ordering will apply.
5. Order
5.1. Concluding steps
The Customer selects the Credits, enters the billing and payment information, then confirms their order after reading and accepting the GTC. The confirmation forms the contract and constitutes signature and consent to pay. A confirmation message is displayed and a confirmation email (including the invoice) is sent to the Customer.
By confirming their order, the Customer expressly acknowledges that they have received, prior to placing their order, in a legible and comprehensible manner, all the information and details referred to in Articles L. 111-1 to L. 111-7 of the French Consumer Code.
5.2. Validation – Refusal
Osmo Studio reserves the right to refuse any order for legitimate reasons.
5.3. Archiving and proof
Communications, purchase orders and invoices are archived on a reliable and durable medium in order to constitute a faithful and durable copy.
These communications, purchase orders and invoices may be produced as proof of the contract.
5.4. Refund conditions
The Customer acknowledges that the non-use by the Customer of any Credit before or after its expiry date does not give rise to any right to a refund.
Credits are valid from the date of purchase.
6. Right of withdrawal
The Customer has a withdrawal period of fourteen (14) days from the conclusion of the contract (placement of the order) to exercise their right of withdrawal on any purchase of Credits on the Website.
To exercise their right of withdrawal, the Customer must send (by post or email) to Osmo Studio a clear statement of their intention to exercise their right of withdrawal, specifying the number of the cancelled order and their full contact details (name, address and, where applicable, telephone number and email address).
The Customer may not exercise their right of withdrawal with regard to a Credit once the service (Package or subscription or individual lesson, as applicable) has been consumed in whole or in part.
7. Payment
The price is payable in full at the time of ordering. Payment is made by credit card online via a secure payment provider or by monthly direct debit for subscriptions only.
The payment methods accepted by Osmo Studio are listed on the Website interface at the beginning of the ordering process, and at the latest on the page summarising the contents of the Customer’s virtual basket.
Subscriptions are debited automatically on the same date each month.
8. Schedule – Cancellations – Closures
8.1. Schedule
Schedules are available on the Website or Mobile Application. They may be modified without notice, without giving rise to any right to reimbursement.
8.2. Cancellations by Osmo Studio
Classes may be cancelled at any time by Osmo Studio without having to justify the reasons for their cancellation, provided that Customers are informed as soon as possible.
Such cancellations may occur in particular if the minimum number of participants is not reached, if the instructor is unable to attend, or if there is a problem with the Osmo Studio premises. In this case, the Customer may be offered a postponement or a refund.
9. Internal rules – Access
By registering for a Class, the Customer also acknowledges that they have read and understood Osmo Studio’s internal rules, which are reproduced in the Appendix to these GTC, and agree to abide by them unconditionally and without reservation. The same internal rules are available for consultation on site at the studio. The Customer further undertakes, and more generally, to take all necessary precautions for their health, safety and hygiene and to comply at all times and in all circumstances with the instructions issued in this regard by Osmo Studio, one of its managers or employees, or a service provider designated by it. Osmo Studio reserves the right to refuse access to a Class to any person who contravenes or has contravened the above provisions.
Access to a Class cannot take place during the session. Once the Class has started, according to the time indicated on the calendar and at the time of booking, access to the Class is permitted up to five (5) minutes after the start of the Class. After this time, Osmo Studio cannot guarantee access to the Customer. The start time of the services cannot be postponed under any circumstances due to the Customer’s late arrival.
10. Physical condition – Insurance – Liability
10.1. Physical condition – Insurance
It is the Customer’s responsibility to check that they are fit to take part in the activities, particularly in the event of illness, rehabilitation, pregnancy or ongoing treatment. The Customer undertakes to respect their limits and the instructions of staff.
The Customer certifies that they have civil liability insurance.
Osmo Studio declines all responsibility in the event of false declarations or injuries due to unreported physical unfitness.
10.2. Lockers and personal belongings
Lockers are available for use during the Course. The Customer uses them at their own risk. Osmo Studio declines all responsibility in the event of loss, theft or damage to personal belongings, including those left in lockers.
10.3. Limitation of liability
Osmo Studio cannot be held liable in the event of non-performance or poor performance of the contract due to the Customer, an insurmountable and unforeseeable event involving a third party to the contract, or force majeure.
11. Personal data
In accordance with Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, Osmo Studio processes personal data for the purpose of selling the products defined in these GTC.
Osmo Studio undertakes to ensure the protection of Customers’ personal data and all personal data obtained in connection with the use of the Website.
The Customer is informed of the following:
– Osmo Studio, whose contact details appear at the top of this document, is responsible for processing.
– Customers’ personal data is processed for the purpose of fulfilling orders placed by the Customer on the Website.
– No transfer of Customers’ personal data outside the European Union is planned.
– The personal data of Customers processed is kept for the period necessary for the performance of the contract.
The Customer concerned by the processing of their personal data has the right to request from the data controller access to their personal data, the rectification or erasure thereof, or a restriction of processing relating to the data subject, or the right to object to the processing and the right to data portability. This right may be exercised by writing, by post and providing proof of identity, to Osmo Studio, 4, rue du Docteur Blanche, 75016 Paris or to the email address contact@osmo-studio.com.
Customers concerned by the processing of their personal data have the right to lodge a complaint with the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés).
The personal data requested when placing an order is necessary for the preparation of the invoice (legal obligation), without which the order cannot be placed.
12. Nutrition and massage services
Osmo Studio offers nutrition services provided by qualified nutritionists and massage services provided by qualified independent practitioners.
The Customer shall declare their state of health and report any contraindications before the session. It is their responsibility to report, before any session, any health problems, ongoing medical treatment, allergies or special conditions that may influence the course of the service.
Access to services for minors is subject to prior written authorisation from parents or legal guardians.
The Client acknowledges that they have received all the necessary information regarding the nature of the services, their potential risks and contraindications, and gives their informed consent before any intervention.
With regard to nutrition services, the Client understands that the advice provided is personalised but cannot replace medical supervision when this is necessary.
Osmo Studio acts exclusively as an organiser and facilitator of these services and cannot be held liable for any damage resulting from the performance of the services by independent practitioners, except in the event of fault in the organisation or provision of the service.
13. Intellectual property
The content of the Website and Mobile Application is the property of Osmo Studio and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
14. Complaints – Mediation – Applicable law – Jurisdiction
14.1. Complaints
Any complaint relating to an order or the GTC must be sent in writing to Osmo Studio within the legal time limits.
14.2. Consumer mediation
Any dispute relating to an order or the GTC, their validity, interpretation, execution, termination, consequences or repercussions, which cannot be resolved amicably between Osmo Studio and the Customer, shall be submitted to the competent court under the conditions of common law.
The Customer is informed that they may, in any event, resort to conventional mediation, in particular with the Consumer Mediation Commission (in accordance with Article L. 534-7 of the Consumer Code), or with existing sectoral mediation bodies, or to any other alternative dispute resolution method (in particular conciliation) in the event of a dispute.
14.3. Applicable law – Competent courts
The GTC are governed by French law. In the event of a dispute arising in connection with the performance, termination or interpretation of the GTC, the parties shall endeavour to settle their dispute amicably.
Subject to applicable public policy provisions, any dispute related to or resulting from the validity, performance, interpretation or formation of these GTC shall first be referred to Osmo Studio in order to reach an amicable solution and, failing conciliation, shall be submitted to the competent courts of Paris.
APPENDIX
Terms and Conditions
Access to Classes is reserved for registered members. Proof of identity may be requested at reception.
– Members must arrive on time for the start of the Class. If more than five (5) minutes late, access to the Class may be refused for safety and comfort reasons.
– Instructions from staff must be followed.
– Any unauthorised sales, promotional, canvassing or sports coaching activities are prohibited.
– Smoking or vaping is prohibited in the studio.
– Noise pollution must be kept to a minimum. Verbal or physical violence is prohibited.
Health and safety
– All clients must ensure they are clean and comply with hygiene rules, and wear appropriate clothing for the classes. Non-slip socks must be worn for all classes for health and safety reasons. These are available for purchase at the studio.
– Equipment must be left clean after use and cleaned using the products provided.
– After use, towels provided must be placed in the bins provided for this purpose.
– Showers are reserved for use after classes and must not be used for personal care.
– Additional health rules may be adopted in accordance with the instructions of the authorities.
Anti-theft measures
– Lockers must be emptied at the end of the session. Osmo Studio accepts no responsibility for loss, theft or damage.
These rules form an integral part of the Terms and Conditions and may be amended or updated if necessary. For any questions: contact@osmo-studio.com
