Preamble

These General Terms of Sale and Online Booking (hereinafter the “GTSOB“) define the terms and conditions to which online reservations are subject via the Sothys Institute website accessible at: https://www.institutsothys.paris/reserver-un-soin/ from the website: www.institutsothys.paris    (hereinafter the “Website“), carried out by the Customer with the company Sothys Paris having its head office at 128, rue du Faubourg Saint-Honoré, 75 008 Paris, registered on the Commercial Register of Paris under number 451 170 807, N°IDU FR241129_01WMJV (hereinafter “Sothys Paris“) for its establishment located at 128, rue du Faubourg Saint-Honoré, 75 008 Paris (hereinafter “The Sothys Institute“).

Sothys Paris offers on this occasion the booking of appointments online on its Website allowing the Customer to select a service among those proposed in the drop-down menu under each of the following tabs, to be carried out by Sothys Paris exclusively at the Sothys Institute:

– facials;

-Rituals;

-makeup;

– massage.

(hereinafter the “Services“).

The relations between the parties are exclusively governed by the GTSOB in force at the time of booking by the customer on the Website for a Service (hereinafter the “Booking“). Sothys Paris reserves the right to modify at any time the GTSOB, which enter into force automatically when they are put online.

The Customer acknowledges having read the GTSOB and fully accepting them by ticking the box “I accept the general terms of sale of the Sothys Institute and I accept the privacy policy of Mindbody” during the validation of each Booking. No Booking is possible without this acceptance.

In addition, the Customer acknowledges being fully informed of the fact that his agreement concerning the content of the GTSOB does not require the handwritten signature but results from the Booking alone.

Article 1 – Definitions

For the purposes of the GTSOB, the terms below have the following meanings:

“Appointment “: date(s) and time(s) on which the Customer must present himself at the Sothys Institute to benefit from the Service(s) that have been the subject of a Booking.

“Booking confirmation “: refers to the dematerialized document sent by Sothys Paris to the Customer, summarizing the date of the Appointment as well as the characteristics of the Service(s) purchased and for which he has entered his credit card number for validation.

“Customer“: Any natural person over 18 years of age, acting as an end consumer (i.e. not acting in the capacity of a trader) and making a Booking on the Website. By ticking the box “ I accept the general terms of sale of the Sothys Institute and I accept the privacy policy of Mindbody“, the user declares perfectly meet the above definition of Customer and have full legal capacity to validly make a Booking.

Article 2 – Controls

In order to ensure the security of transactions, to prevent fraud in means of payment on the Internet, and/or to ensure the quality and capacity of a Customer, Sothys Paris reserves the right to verify the reliability of the information entered during the registration of the Reservation and to ask the Customer for one or more supporting documents.

In addition, Sothys Paris reserves the right to cancel or refuse any Booking from a person who does not meet the definition of the Customer, does not have the legal capacity to contract, and/or with whom there is a dispute relating to the making or execution of a previous booking.

Article 3 – Cancellation and/or modification of the Appointment

1)     Due to the Customer

For any cancellation or modification of an Appointment, the Customer must notify to the Sothys Institute at least 48 hours in advance.

The Customer may proceed:

–          cancellation either by calling the Sothys Institute at 01.53.93.91.53, or if conditions allow via the withdrawal form;

–          to the modification of his Appointment either by calling the Sothys Institute at 01.53.93.91.53 or by email: institut@sothys.net.

Otherwise, the Booking(s) already invoiced will not be refunded to the Customer.

2)    Due to the Sothys Institute

In the event that the Sothys Institute is forced to cancel or modify the Appointment, the Sothys Institute will inform the Customer as soon as possible and will offer the same Service(s) as the one booked online at other times or dates, subject to its acceptance.

In the event that the parties are unable to reach an agreement, the Sothys Institute undertakes to reimburse the Customer.

Article 4 – Delay of the Customer

The Client must arrive 10 minutes before the start of the Appointment set for the Service(s).

In the event of a delay by the Customer during the Appointment, the same Service(s) as the one booked online will be carried out if the Sothys Institute’s schedule allows it. Otherwise, the Service(s) may be shortened so as not to interfere with subsequent appointments, without any price reduction being applied.

Article 5 – Prices

The selling prices of the Services offered on the Website are indicated in euros all taxes included, and are those displayed on the Website at the time of Booking by the Customer.

The prices take into account the VAT applicable on the day of invoicing and any change in the applicable VAT rate will be automatically applied to the prices indicated. The VAT that will actually be paid by the Customer will be the VAT in force on the invoice date.

The prices indicated do not include the costs of access to the Website which remain the responsibility of the Customer.

Sothys Paris reserves the right to modify its prices at any time but the Services will be invoiced on the basis of the rate in force at the time of Booking.

Promotional offers are only valid for the period of validity of the offer concerned, indicated on the Website.

Article 6 – Making Appointments

To proceed with the Booking, the Customer may do so:

ü  by phone:

Step 1: the Customer calls the Sothys Institute at 01.53.93.91.53 to indicate the date, time and Service he would like to receive.  The Customer indicates his name, surname, e-mail address and telephone number.

Step 2: after validation of the Service and the Appointment, the Sothys Institute will send the Customer an e-mail so that the latter validates his Booking, accepts the GTSOB, accepts the personal data protection policy of Sothys Paris, the privacy policy of Mindbody and proceeds to the secure online payment of the Service.

Step 3: the Customer clicks in the e-mail on “Validate my reservation” and is then returned to the secure payment page of the Website on which he:

– chooses his means of payment (Visa, Mastercard, Diner’s Club, Discover, JCB);

– completes his bank details (credit card number, expiry date of the credit card, name of the holder of the credit card, cryptogram of the bank card);

– clicks on “BUY“.

Step 4: the Customer is then redirected to the authentication page of his bank to confirm the payment of his Booking.

Step 5: The Customer then receives a confirmation e-mail summarizing the characteristics of his/its Booking(s) as well as a payment receipt. The Customer will also receive afterwards, an e-mail containing the invoice and the GTSOB on durable support. If the Customer has made several Bookings, he/she will receive as many e-mails as Bookings.

ü  or online via the Website:

Step 1: the Customer selects on the Website the tab “BOOK A TREATMENT“.

Step 2:  the Customer chooses a universe (body, face, prestige, etc.) in which he will find the list of corresponding Services by clicking on “DISCOVER“.

Step 3: the Customer selects the Service for which he wishes to make the reservation in order to take note of the characteristics of it, and clicks on “BOOK“.

Step 4: the Customer is redirected to the platform of MINDBODY (Sothys Paris’ provider) to carry out the rest of the transaction. The Customer then has the possibility to choose a practitioner for the realization of his care by clicking on “CHOOSE” under the first name of the practitioner; or failing that on the mention “No preference“.

Step 5: the Customer is directed to the “Select a date” step in which a calendar is displayed to allow the latter to choose a date, then a time for the realization of his treatment. Dates and time slots depend on availability and opening hours of the Sothys Institute.

Step 6: the Customer finalizes his basket by:

–          providing their surname, first name, e-mail address and telephone number;

–          ticking, if he wishes, the box “I agree to receive news, commercial communications and personalized offers from SOTHYS PARIS.  For more information, see our Personal Data Protection Policy“, in order to receive information from Sothys Paris for commercial prospecting.

The Customer has the possibility to mention additional information relating to his Booking.

The Customer then ticks the box ” I accept the general terms of sale of The Sothys Institute and I accept the privacy policy of Mindbody“.

The summary of his basket is mentioned in an insert on the right. The Customer has the possibility to enter a “special offer” code in the field provided for this purpose. Provided that the code is valid, the amount of the offer will be deducted from the total price of the Booking.

Once the checks have been carried out by the Customer, the latter validates his basket by clicking on ” BOOK “. The contents of the basket can be checked and modified at any time by clicking the button corresponding to the basket.

Step 7: the Customer is redirected to a secure page to proceed with the payment of the Booking, and to make:

– chooses his means of payment (Visa, Mastercard, Diner’s Club, Discover, JCB);

– completes his bank details (credit card number, expiry date of the credit card, holder’s name of the credit card, cryptogram of the bank card);

– and clicks on “BUY“.

Step 8: The Customer is then redirected to the authentication page of his bank to confirm the payment of his Booking.

Step 9: The Customer then receives a Booking confirmation e-mail summarizing the characteristics of his Booking as well as a payment receipt. The Customer will also receive afterwards, an e-mail containing the invoice and the GTSOB on durable support.

Article 7 – Payment of the Booking

7.1 Terms of payment of the Booking

Payments made on the Website are exclusively in euros.

To pay for his/its Service(s), the Customer may use the following means of payment: Visa, MasterCard, Discover, Diner’s club, JCB.

Payment of the full price is due to the validation of the Booking.

Sothys Paris reserves the right to suspend or cancel any performance of the Service in the event of non-payment, partial payment, refusal of payment by banking partners, fraud or attempted fraud in the use of the Website.

The Booking is validated by Sothys Paris only after acceptance of the GTSOB by the Customer and verification of the confirmation of the validity of the payment.

7.2 Secure online payment

In order to ensure the security of payments, payment by credit card is made on the secure servers of Sothys Paris’ banking partners. This implies that no banking information concerning the Customer will pass through the Website.

The transmission of payment information is encrypted and secured using the PCI-DSS protocol. Credit card numbers are not stored on Sothys Paris’ computer servers.

Article 8 – Right of withdrawal

In accordance with the provisions of articles L. 221-18 and following of the French Consumer Code, the Customer has a period of fourteen (14) clear days to exercise his legal right of withdrawal, without having to justify his decision, or bear costs.

This period runs from the day of the Booking confirmation, it being specified that the day of the starting point of this period does not have to be taken into account in the calculation of the fourteen (14) days. When the fourteen (14) day period expires on a Saturday, Sunday or a holiday or non-working day, it is extended until the next working day.

The right of withdrawal is exercised using the withdrawal form which can be downloaded using the following link: https://www.institutsothys.paris/retractation/

It is sufficient for the Customer to download the form, complete it and return it either by registered letter with acknowledgment of receipt to the following postal address: Sothys Paris, L’Institut Sothys, 128 rue du Faubourg Saint-Honoré, 75008 Paris, or by e-mail to : institut@sothys.net, before the expiry of the withdrawal period.

Any withdrawal made in accordance with the conditions of this article will give rise to a refund of all sums paid by the Customer for the Booking, at the latest within fourteen (14) days from the date on which the right of withdrawal was exercised.

Sothys Paris shall make the refund using the same means of payment as that used by the Customer for the initial transaction, unless expressly agreed by the Customer for Sothys Paris to use another means of payment and insofar as the refund does not incur any costs for the Customer.

However, any Service consumed, even partially, or whose date of Appointment has passed may not be the subject of a right of withdrawal. Thus, no refund will be possible.

Article 9 – Contraindications

The Services offered will be performed in strict compliance with the professional rules in use. The Sothys Institute practices wellness and relaxation treatments that can in no way replace medical massages or medical follow-up in case of health problems.

The Customer must provide, at the time of the Booking or before the performance of a Service(s), any useful information concerning his condition, contraindications, allergies, injuries or pregnancy likely to have an impact on the Service(s).

The Sothys Institute declines all responsibility in the event of a false declaration by the Client.

Article 10 – Liability

Sothys Paris is exempt from all or part of its liability in the event of non-performance or improper performance of the Service attributable either to the Customer or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure.

The Website is accessible 24/7, except interruption, scheduled or not, for the purposes of its maintenance or in the event of force majeure. Being in fact subject to an obligation of means, Sothys Paris can not be held responsible for any damage, whatever its nature, resulting from unavailability of the Website.

The interruption of this access cannot give rise to compensation.

In addition, Sothys Paris declines all responsibility:

–          for any occurrence of bugs;

–          for any damage resulting from fraudulent intrusion by a third party resulting in a modification of the information made available on the Website;

–          and more generally, any damage, direct or indirect, whatever the cause, origin, nature or consequence.

Any Booking that is irregular, inoperative, incomplete or fraudulent for a reason attributable to the Customer will result in the cancellation of the Booking at the expense of the Customer, without prejudice to any civil or criminal action against him.

Article 11 – Force Majeure

Neither party is liable for the total or partial non-performance of its obligations under the Booking if this non-performance is caused by an event constituting force majeure.

Are considered as cases of force majeure in addition to events meeting the criteria set by the jurisprudence of the Court of Cassation and legislation, any fact, and in particular but not exclusively any epidemic accompanied by public health measures, preventing the performance of obligations under the Reservation and which could not be overcome despite due diligence on the part of the party who suffers it.

The party invoking an event constituting force majeure must notify the other party within five (5) business days of the occurrence of such event. The parties agree that they must consult each other as soon as possible in order to determine together the terms of execution of the Booking. Beyond a period of one (1) month of interruption due to force majeure, Sothys Paris may not honor the Booking, at Sothys Paris’ responsibility to reimburse the Customer if necessary.

Article 12 – Protection of privacy and personal data

As part of the Customer’s user experience of the Website, Sothys Paris may collect personal data concerning him. Learn more: https://www.institutsothys.paris/donnees-personnelles/.

As part of the realization and the payment of the Inform, the Customer is required to enter his personal data on the MINDBODY platform. For more information:

https://company.mindbodyonline.com/fr/legal/politique-confidentialite.

Article 13– Cookies

In order to improve the pleasantness and functionality of the Site and to provide the Customer with better quality information and services, Sothys Paris and its partners may collect data relating to the use of the Site via cookies. For more informations :  https://www.institutsothys.paris/en/cookies-policy/

Article 14 – Invalidity of a clause

In the event that one or more provisions of these GTSOB are, for any reason whatsoever, deemed null and void or unenforceable, such nullity or unenforceability shall not affect any other provision of these GTSOB.

Sothys Paris will replace said provision with a valid and enforceable provision, in accordance with the regulatory and legal provisions.

Article 15 – Non-waiver clause

The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these GTSOB cannot be interpreted by this party as a waiver of compliance with the obligation in question.

Article 16 – Entirety of the contract

These GTSOB and the Booking form a contractual whole and constitute the entirety of the commercial relations between Sothys Paris and the Customer.

In the event of any contradiction between these documents, the GTSOB shall prevail.

Article 17 – Evidence – Data archiving

Sothys Paris will keep proof of communications, orders, payments, invoices, intervened on the Website on a reliable and durable support.

In addition, by express agreement between the parties, the e-mails are authentic between the parties, as well as the automatic registration systems used on the Website, in particular as to the nature and date of Booking.

In addition, invoices are archived on the Sothys Paris server for a period of ten (10) years. At any time, the Customer can access the details of his orders, either by logging into his account or by contacting Sothys Paris by phone.

Article 18 – Applicable law – Disputes

These GTSOB are governed by French law.

Any dispute must be sent in writing, either to the postal address: Sothys Paris, L’Institut Sothys, 128, rue du Faubourg Saint Honoré, 75 008 Paris, France, or to the email address: institut@sothys.net, in order to seek an amicable solution.

The costs of sending the claim remain the responsibility of the Customer.

In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, Sothys Paris has subscribed to the services of the Paris Mediation and Arbitration Center (CMAP) (hereinafter the “Mediator”) whose contact details are as follows: 39 avenue Franklin Delano Roosevelt, 75008 PARIS – https://www.cmap.fr. Consequently, in the event of a dispute not resolved amicably with Sothys Paris, the Customer may submit the dispute to the Mediator free of charge.

To know the modalities of referral to the Mediator, the Customer can consult: https://www.cmap.fr/offre/un-consommateur/.

In addition, the European Commission, in accordance with the Article 14.1 of EU Regulation No. 524/2013, makes available to the Customer free of charge an online dispute resolution platform at the following address:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&Ing=FR

If the dispute persists, the French courts have sole jurisdiction to hear any dispute relating to sales made through the Website, even in the event of multiple defendants.

Article 19 – Contact us

Any communication or request for information regarding the Booking must be addressed to Sothys Paris:

– by phone at 01.53.93.91.53 from Monday to Saturday from 10am to 7pm;

– by post, to the following postal address: Sothys Paris, L’Institut Sothys, 128, rue du Faubourg Saint-Honoré, 75 008 Paris;

– or by e-mail, to the following e-mail address: institut@sothys.net.