These general terms and conditions apply exclusively between EKSS and all its customers, with specific rules depending on whether the customers are consumers or professionals. These terms and
conditions apply to all services requested from EKSS.
1. Definitions :
The “Customer” is any natural or legal person who orders services from EKSS.
2. Right of withdrawal for Consumers – art. L. 222-9 of the Consumer Code :
The Consumer who purchases the services may withdraw within 14 calendar days.
3. Prices :
The services sold on the site are sold for a fixed price. Payment must be made in full by the start date of the service. Unless the right of withdrawal applies, payment is compulsory, unless agreed otherwise with the service provider.
The price of products and services is indicated in euros, inclusive of all taxes. The service may be postponed to a date agreed between the customer and EKSS but is not refundable.
4. Guarantees relating to the services provided by EKSS :
EKSS undertakes to provide the service in good faith.
The commitments of EKSS in the context of the provision of services are limited to strict obligations of means. Under no circumstances may EKSS be held responsible if the results expected by the Client cannot be achieved.
5. Liability :
The Client acknowledges and accepts that all obligations owed by EKSS are exclusively of means and that EKSS is only responsible for its fraud and gross negligence.
In the event that the Client demonstrates the existence of gross negligence or wilful misconduct on the part of EKSS, the loss for which the Client may seek compensation shall only include bodily injury resulting directly from the negligence attributed to EKSS if it is proven to have been committed through EKSS’s negligence. The Client also acknowledges that EKSS is not liable for any direct or indirect damage caused by the services provided.
6. Intellectual property :
The Customer undertakes not to share the media received by EKSS.
Unless expressly agreed otherwise in advance, the Client is not authorised to modify, reproduce, rent, borrow, sell, distribute or create derivative works based in whole or in part on the elements present on the EKSS website or catalogue.
EKSS is the exclusive assignee or licensee of the intellectual property rights on the content of the services within a contractual framework. This content is protected by intellectual property law.
EKSS is also the producer of the video tutorials accessible on the site and has its own intellectual property rights in this respect as well.
The purchase of services on the site does not imply any transfer or licence of intellectual property rights to the benefit of the Customer.
It is formally forbidden, without prior authorisation or other than for the private needs of Clients related to the monitoring of support, to extract, download, use, reuse, reproduce, disseminate, distribute, in any form whatsoever, and on any medium whatsoever, all or part of the content of EKSS.
In particular, it is forbidden to use any data collection or extraction tool to extract (on one or more occasions) or re-use a substantial part of any content without the prior express written consent of EKSS.
Any unauthorised use of the content constitutes in particular an offence of counterfeiting and may give rise to civil or criminal legal proceedings and the payment of damages.
7. Processing of personal data :
The processing of personal data on WhatsApp groups is subject to Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (“RGPD”), and the Law of 2 August 2002 on the protection of individuals with regard to the processing of personal data, transposing Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
8. Collection and processing of personal data :
EKSS recognises and undertakes to comply with the laws and regulations governing the processing of personal data. Including, but not limited to, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (“GDPR”) and any other applicable national laws or regulations governing the processing of personal data.
9. Customer rights :
The Customer has a right of information and access to his/her personal data collected by EKSS. Customers have the right to receive a copy of their personal data in a structured, commonly used and machine-readable format.
EUPHRON KAYROS S.A R.L.S
55, rue de Luxembourg 4391 Pontpierre
+352 661 176 369
contact@pertedepoids.lu
pertedepoids.lu
The Customer has the right to request the modification and deletion of his/her personal data. The deletion of personal data is equivalent to an act of unsubscribing from EKSS services, subject to compliance with the applicable provisions in the agreement concluded between the parties.
The Customer may request the deletion of his/her data (within the limits of the legal obligations of the data controller), without this affecting the processing carried out previously. Requests or deletion of data may be sent to the following e-mail address: contact@pertedepoids.lu
10. Unfair competition :
The Client formally undertakes to refrain from any unfair behaviour towards the Company with a view to soliciting, directly or indirectly, coaches or prospects of the Company with a view to offering them identical or similar services to those offered by EKSS.
11. Contact :
For any question relating to the protection of their personal data, to unsubscribe or if they feel that their privacy is not being respected, the Customer may contact the EKSS data controller at the following e-mail address: contact@pertedepoids.lu. In addition, the Client may lodge a complaint with the National Commission for Data Protection (cnpd.lu).
12. Major force :
EKSS may not be held liable, either contractually or extra-contractually, in the event of temporary or definitive non-performance of its obligations when such non-performance results from a case of force majeure or fortuitous event. The following events in particular will be considered as cases of force majeure or fortuitous events:
- 1) inability to work,
- 2) earthquakes,
- 3) fires,
- 4) floods,
- 5) epidemics,
- 6) acts of war or terrorism,
- 7) strikes, whether declared or not,
- 8) lock-outs,
- 9) blockades,
- 10) insurrections and riots,
- 11) a stoppage in the supply of energy (such as electricity),
- 12) a failure of the Internet network or data storage system,
- 13) a failure of the telecommunications network,
- 14) a loss of connectivity to the Internet or telecommunications network on which EKSS depends,
- 15) an act or decision of a third party where this decision affects the proper performance of this contract or
- 16) any other cause beyond the reasonable control of EKSS
- 17) and finally, in general, constitutes a case of force majeure, any event of any nature whatsoever, which is beyond the reasonable control of either of the parties.
If, due to circumstances beyond the control of EKSS, the performance of its obligations cannot be continued or is simply made more onerous or difficult, EKSS and the Customer undertake to negotiate in good faith and loyally an adaptation of the contractual conditions within a reasonable period with a view to restoring the balance.
If no agreement is reached within a reasonable time, either party may invoke the termination of the contractual relationship between them without compensation or indemnity of any kind. The nullity of one provision of these general terms and conditions does not entail the nullity of the others.
13. Modification of these general terms and conditions :
These general terms and conditions may be amended or supplemented at any time, without prior notice. It is the Customer’s responsibility to keep abreast of the general terms and conditions, of which only the updated version accessible online is deemed to be in force.
14. Applicable law and jurisdiction :
Any dispute relating to the products or services delivered by EKSS, as well as any dispute relating to the validity, interpretation or performance of these general terms and conditions, shall be subject to Luxembourg law and the exclusive jurisdiction of the Luxembourg Courts and Tribunals.
