The present GTC govern the whole of the legal relations which are born between Lou Anastasia Lefebvre, domiciled rue du Gothard 6, 1225 Chêne-Bourg, Switzerland, practising under individual name (hereafter, "All Champs") and any person reserving or taking part in a Service offered by All Champs or proceeding to the purchase of a Product in the online store of All Champs (hereafter, the "Customer").
When booking an Event, these Terms and Conditions and the booking confirmation sent to the Customer by email which specifies the dates, location, price and all services included in the Event (hereinafter, the "Booking Confirmation") are an integral part of the contract with All Champs. When purchasing a Product in the All Champs online store, these Terms and Conditions are an integral part of the contract of sale with All Champs.
Any user of the All Champs website (https://www.allchamps-services.com/) is subjected to the present GTC and in particular to the Appendix 1 (Declaration of personal data protection).
2 . SERVICES AND PRODUCTS ALL CHAMPS
All Champs offers multiple services in the field of sport and well-being and, in particular, the realization of individual or collective training sessions (in person or by videoconference), the organization of stays or various events in Switzerland or abroad (hereafter, the " Service(s) ").
All Champs reserves the right to have a Service performed by any person of its choice.
All Champs also offers the possibility to purchase various products and, in particular, t-shirts, bags, decorative objects or e-books in its online store (hereafter, the " Product(s) ").
3 . ALL FILEDS STAYS
3.1 INCLUDED AND NON-INCLUDED SERVICES
When the Customer books a stay with All Champs, the accommodation and the group classes (of PyroFlow, yoga, circuit training or any other type of training) are included in the Service.
Depending on the place and the type of stay booked, other services can be added to these general services, as specified in the Booking Confirmation.
However, all costs related to the booked stay, including transportation to the place of stay (such as air tickets, train tickets, car rides), travel insurance and any services not mentioned in the Reservation Confirmation are not included. It is therefore the responsibility of the Customer to book his or her trip personally, to bring with him or her any document required by the authorities of the destination country (such as identity documents, visas, or any other necessary document) and to take out any insurance (such as accident, repatriation or cancellation insurance) useful or necessary for the trip.
3.2 RESERVATION PROCESS AND PAYMENT TERMS
3.2.1 In order to book a stay with All Champs, the Customer makes an online reservation, within the limit of the number of available places, on the All Champs website.
3.2.2 Once the online reservation is made, the following payment terms apply:
1. Within 24 hours, the Customer pays (i) 50% of the total price of the selected stay or (ii) 100% of the total price of the selected stay when the reservation is made within 60 days prior to the scheduled start date of the stay (hereinafter: the "Reservation Amount"), by transfer to the following bank account:
Lou Anastasia Lefebvre
Rue du Gothard 6, 1225 Chêne-Bourg, Switzerland
For a payment in CHF : IBAN: CH 54 0027 9279 3046 0440B For a payment in EUR : SWIFT/BIC: UBSWCHZH80A
IBAN: CH 86 0027 9279 3046 0441 E
All Champs reserves the right to put back on sale any place having been the object of an online reservation when the Customer does not proceed to the payment of the Amount of Reservation within the time limit.
The reservation of the stay is considered as final only once the Reservation Amount is credited on the bank account mentioned above. A Reservation Confirmation is then sent to the Client.
2. The balance of the price of the selected stay must be paid by the Client to the above- mentioned bank account no later than 60 days before the scheduled start date of the stay.
3.2.3 For some stays, All Champs can foresee particular methods of payment, as indicated on its website and in the Reservation Confirmation.
3.2.4 The cancellation conditions mentioned in section 3.3 below apply even when the totality of the price of the stay has not yet been paid.
The Customer can cancel the reserved stay by sending a written notification to the following e- mail address : email@example.com. The cancellation will be effective only when All Champs receives (a) the written notification from the Customer and (b) a confirmation of receipt sent by All Champs.
Any effective cancellation of a stay will result in the following charges to the Customer:
(i) Within 60 days or more before the scheduled start date of the stay: 30% of the total price of the stay;
(ii) Between 30 and 59 days before the scheduled start date of the stay: 50% of the total price of the stay;
(iii) Less than 30 days before the scheduled start date of the stay: 100% of the total price of the stay.
No refund to the Customer will be made by All Champs if the cancellation intervenes after the beginning of the stay or if the Customer cannot or does not wish to participate in one of the services included during the stay.
It is up to the Customer to conclude an adapted travel insurance, covering in particular the expenses of cancellation and the expenses of repatriation in case of accident or disease.
The Customer must inform All Champs of any problem which would occur during his stay, either immediately near the person in charge present on the spot, or by electronic mail, within a maximum period of 10 days following the date of return of the stay, at the following e-mail address: firstname.lastname@example.org.
All Champs commits itself to do all the diligence to find an appropriate solution to the complaint. The Customer agrees to take all steps to reduce the damage and, in particular, to inform All Champs immediately of any problem encountered.
4 . ALL CHAMPS GROUP LESSONS (CLASSES)
4.1 INCLUDED SERVICES
The group classes offered by All Champs are conducted in the presence of the Customer at the location indicated in the course description.
The duration of a group class is at least 45 minutes. The exact duration of each group lesson is specified in the description of the lesson.
The services included in the Service vary according to (a) the type of group lesson booked and (b) the location of the group lesson. The Customer can read the special conditions applicable to each type of group lesson on the All Champs website.
4.2 TERMS OF PAYMENT
Each credit purchased entitles the customer to participate in a group class offered by All Champs (hereafter, the "All Champs Credit(s)").
The Customer pays the totality of the price of the All Champs Credit(s) at the time of their purchase on the All Champs website. The payment is made in the currency selected by the Customer, in Swiss Francs (CHF) or in Euro (EUR).
(i) Purchase of Credit All Champs with the unit: each Credit All Champs must be used in the
month which follows the day of its purchase;
(ii) Purchase of a pack of 5 Credits All Champs : the Credits All Champs must be used in the 4 months which follow the day of their purchase;
(iii) Purchase of a pack of 10 All Champs credits: the All Champs credits must be used within 6 months following the day of their purchase.
On presentation of a medical certificate attesting that the sporting practice is contra-indicated for a certain duration, the above-mentioned times could be prolonged of this same duration. It is up to the Customer to inform All Champs before the expiration of the period of use.
The Customer is not entitled to any refund of the All Champs Credit(s) purchased.
The Customer may not use the All Champs Credit(s) for other Services provided by All Champs, such as Home Champs courses, events or stays, or to purchase Products in the All Champs online store.
4.4 RESERVATION PROCESS
With the purchased All Champs Credit(s), the Customer can book the group class of his choice, among the offer proposed by All Champs, within the limit of the number of available places.
The reservation is carried out on the platform placed at its disposal or, failing that, by contacting All Champs by e-mail (email@example.com) or by telephone (+41(0)78.695.81.74).
4.5 PROCESS AND FEES FOR CANCELLATION OF A RESERVATION
The Customer can cancel any reservation for a group lesson directly on the platform at his disposal, or, failing that, by contacting All Champs by e-mail (firstname.lastname@example.org) or by phone (+41(0)78.695.81.74).
The cancellation of a group lesson will incur the following costs for the Customer:
(i) Up to 24 hours before the group lesson: no fee; the All Champs Credit can be used again to book another group lesson;
(ii) Within 24 hours before the group lesson : 100% of the total price of the All Champs Credit ; the All Champs Credit is considered as definitively used and cannot be used again to book another group lesson.
5 . HOME CHAMPS GROUP CLASSES (ZOOM CLASSES)
5.1 INCLUDED SERVICES
The " Home Champs " group classes offered by All Champs are done by videoconference using the ZOOM platform (https://zoom.us/) (hereafter, the " Home Champs Class ").
The duration of a Home Champs Course is at least 45 minutes. The exact duration of each Home Champs Course is specified in the description of the course.
The services included in the Service vary according to the type of Home Champs Course reserved. The Customer can read the special conditions applicable to each type of Home Champs Course on the All Champs website.
5.2 TERMS OF PAYMENT
Each credit purchased entitles the Customer to participate in a Home Champs Course offered by All Champs (hereafter, the "Home Champs Credit(s)").
Section 4.2 applicable to All Champs Credits applies mutatis mutandis to the payment terms of Home Champs Credits.
The Customer may not use the Home Champs Credit(s) for other Services provided by All Champs, such as All Champs group classes, events or stays, or to purchase Products in the All Champs online store.
5.4 RESERVATION PROCESS
Section 4.4 applicable to All Champs Credits applies mutatis mutandis to the reservation process for Home Champs Credits.
5.5 TERMS AND FEES FOR CANCELLATION OF A RESERVATION
Section 4.5 applicable to All Champs Credits applies mutatis mutandis to the terms, conditions and fees for cancellation of a Home Champs Course reservation.
5.6 EQUIPMENT REQUIRED
In order to participate in a Home Champs Course, the Customer agrees to :
(i) Bring the necessary material and sports equipment (which differs according to the Home Champs Course booked) whose detailed list is available on the All Champs website in the description of each Home Champs Course;
(ii)To have a computer or any computer device (tablet, telephone, etc.) equipped with a camera and an audio system allowing him to follow the Home Champs Course in live and to be seen by the person in charge of the execution of the Home Champs Course;
(iii)To place the camera in accordance with the instructions of positioning available on the Internet site All Champs in the description of every Home Champs Course, to allow the person in charge of the execution of the Home Champs Course to control and correct in particular the posture of the Customer during all the duration of the Home Champs Course;
(iv)To have an adequate internet connection in order to follow the Home Champs Course live; and
(v)To create, if necessary, a user account on the platform ZOOM and to accept, if necessary, the general conditions of use of the aforementioned platform (https://zoom.us/docs/fr-fr/privacy-and- legal.html).
If the Home Champs Course cannot take place totally or partially because of a technical problem attributable to (a) All Champs or (b) the person in charge of the execution of the Home Champs Course, a new Home Champs Credit will be allocated to the Customer. Any technical problem attributable to the Customer is the sole responsibility of the Customer.
The Customer will be able to access during the 24 hours following the end of a Home Champs Course to a recorded version of this Course (hereafter : the "Replay").
The link to access the Replay is provided to the Customer having reserved the Home Champs Course concerned at the time of the reservation.
5.8 COMMITMENTS OF THE CUSTOMER
The Customer commits himself to use his connection to the Home Champs Course only on a personal basis and not to allow a third person to take part in the Home Champs Course, as well as not to record the Home Champs Course and not to diffuse it to a third person.
In case of non respect by the Customer of these commitments, All Champs reserves the right not to accept any more reservation from him and not to refund the Home Champs Credit(s) bought and not yet used by the Customer.
6 . EVENTS
6.1 INCLUDED SERVICES
All Champs organizes punctual events whose services offered vary with each event.
The services included are specified on the All Champs website and in the Booking Confirmation.
6.2 RESERVATION PROCESS
In order to book an All Champs event, the Customer makes an online reservation, within the limit of the number of available seats, on the All Champs website.
The Customer pays the totality of the price of the All Champs event at the time of the reservation on the All Champs website. The payment is made in the currency selected by the Customer, in Swiss francs (CHF) or in Euro (EUR).
6.3 MODALITIES AND FEES FOR CANCELLATION OF A RESERVATION
The Customer can cancel any reservation to an event directly on the online platform at his disposal or, failing that, by contacting All Champs by e-mail (email@example.com) or by phone (+41(0)78.695.81.74).
The cancellation of a participation in an event generates the following expenses for the Customer:
(i) Up to 5 days before the scheduled date of the event: no charge; All Champs will refund the full price paid by the Customer; and
(ii)Within 5 days prior to the scheduled event date: 100% of the total price paid by Customer; All Champs will not issue a refund.
When the Customer has the right to the refund of the paid price, All Champs commits itself to carry out the payment within 7 working days as from the date on which All Champs is in possession of all the information allowing him to carry out the payment.
7 . ONLINE STORE ALL CHAMPS
7.1 CONCLUSION OF THE CONTRACT
All Champs offers to the sale various Products in the online store, within the limit of available stocks.
The contract is concluded with All Champs as soon as the Customer carries out an order in the online store.
The reception of the order is confirmed to the Customer by e-mail by means of an order confirmation.
7.2 PRICES AND PAYMENT TERMS
The price of the Products is indicated in Swiss francs (CHF) or in Euro (EUR) and includes all the taxes to be taken, except the expenses of delivery.
The Customer pays the totality of the price of the selected Product as well as the delivery costs at the time of his order on the All Champs website. The payment is made in the currency selected by the Customer, in Swiss francs (CHF) or in Euro (EUR).
7.3 TERMS OF DELIVERY
All Champs delivers the Products offered in the online store only on the Swiss territory Swiss territory, at the expenses and risks of the Customer.
The delivery times mentioned at the time of the order are given as an indication, without any
indicative, without any commitment of All Champs.
7.4 RIGHT OF RETURN
Any Product ordered in the online store and delivered to the Customer can be returned to All Champs, subject to the respect of the conditions stated in this Section, if it presents the following characteristics:
• The Product was not used;
• The Product has not been damaged; and
• Le Produit est retourné dans son emballage d’origine, avec tous ses accessoires.
Excluded from this right of return are foodstuffs and E-books (see Section 7.5).
The right of return, at the expenses and risks of the Customer, can be exercised only within 14 days as from the reception of the Product by the Customer. The Customer must advise All Champs of his will to return the Product by e-mail and commits himself to return the Product in an adequate packing.
To the extent that the Product can be returned and after verifying that the Product meets the requirements set forth in §1 and §2 of this Section, All Champs agrees to refund to the Customer the amount of the Product price (excluding initial and return shipping charges) within 14 days of receipt of the returned Product. If the Product does not meet the requirements stated in §1 and §2 of this Section, All Champs will not proceed to any refund and will inform the Customer.
The content of each e-book, having an electronic format, varies according to the topic. The e- books may contain a video, an audio podcast, a recipe and/or any other element related to the topic.
Once the order is placed on the All Champs website, the link allowing the download of the purchased e-book (hereafter, the "E-book Link") is sent by e- mail to the Customer within 24 hours.
The Customer is not allowed to pass on the E-Book Link or the e-book itself to a third party or to trade in it.
Once the E-book Link is sent by All Champs, the Customer can neither cancel the order nor ask for a refund of the price of the purchased e-book.
8 . RESPONSIBILY
8.1 EXCLUSION OF RESPONSIBILITY ALL CHAMPS DOES NOT ENGAGE ITS RESPONSIBILITY:
(i) For bad execution or non-execution of one or more of its obligations, within the framework of the execution of a Service or the sale of a Product, except in the event of fraud or serious fault;
(ii) In the event of damage or loss of the Product its delivery and from the time of receipt of the Product by the Customer;
(iii) In case of damage caused directly or indirectly by the use of a Product;
(iv) For the acts of an auxiliarythat would cause damage to the Customer, even in case of fraud or gross negligence; it is up to the Customer to engage the responsibility of this auxiliary directly;
(v). For the fact of a third party(in particular of the non-execution by the transport company of its obligation towards the Customer), of another Customer, of the Customer himself or of the use of his personal material or whose cause comes from a physical predisposition or a medical incompatibility of the Customer; the Customer accepts to support the risks inherent in the practice of the sports activities proposed by All Champs and must personally make sure with a doctor that he is fit for such a practice:
(vi). In case of loss or damage of any kind directly or indirectly related to the use of its website ; All Champs does not guarantee the proper functioning of its website, the ZOOM platform or any computer equipment belonging to the Customer and does not engage its responsibility in case of computer bug.
8.2 LIMITATION OF RESPONSIBILITY
Within the framework of a stay reserved with All Champs, All Champs engages its contractual responsibility which is however limited in its amount to the double of the total price paid by the Customer for the stay concerned (with the exception of the fraud or a serious fault).
Within the framework of the execution of a Home Champs course, All Champs engages its contractual responsibility in a limited way, in the event of bad execution or non-execution of a Home Champs course because of a technical problem imputable to All Champs or to the person in charge of the execution of the Home Champs course (cf. Section 5.6). In this case, the Customer will be given a new Home Champs Credit.
9 . FORCE MAJEURE
In the event of unforeseeable circumstances not attributable to All Champs (such as war, riot, civil unrest, strike, terrorist activity, natural or nuclear disaster, epidemic or pandemic, fire, severe weather conditions or any other circumstance falling under the category of force majeure) preventing the partial or total execution by All Champs of its obligations in a definitive way or for an indefinite period, All Champs will be released from its obligations towards the Customer. All Champs makes a commitment to inform the Customer as soon as possible.
In these circumstances, All Champs will not proceed to any refunding of the amounts already paid by the Customer, nor to any compensation of the damage undergone by the Customer, to the extent of its enrichment and subject to imperative provisions of the law. The Customer will have to pay the amounts still due to All Champs, within the same limits.
10 . COVID-19
If, because of the pandemic of COVID-19, the execution of a Service is prevented in a temporary or definitive way, the consequences envisaged in the event of event of absolute necessity (cf. Section 9) will apply as of right.
11 . DATA PROTECTION AND PRIVACY
The Data Protection Statement (APPENDIX 1 - PERSONAL DATA PROTECTION STATEMENT) applies to the processing of personal data by All Champs.
12 . MODIFICATION OF THE CG
All Champs reserves the right to modify at any time the present GTC. The Customer is informed of this modification as soon as possible.
13 . APPLICABLE LAW AND JURISDICTION
The present GTC as well as the Reservation Confirmation are exclusively subject to Swiss law. Any legal action must be brought before the competent courts of the Canton of Geneva, subject to mandatory legal provisions.
ANNEXE 1 – DÉCLARATION DE PROTECTION DES DONNÉES PERSONNELLES
The present declaration of personal data protection is an integral part of the GTC of All Champs.
1- What is a " personal data " ?
The term "personal data" means all the information which relates to an identified or identifiable person, like for example, the name, the address, the telephone number, a photograph or an IP address.
2- To which legal provision(s) is (are) All Champs subject to regarding data processing ?
All Champs is subjected to the Swiss law of the data protection (in particular the Federal law on the data protection (LPD)) as well as to the law of the European Union as regards data protection (in particular the General Regulation on the data protection (RGPD)).
3- Which personal data are collected and for which purpose ?
All Champs collects various personal data, in particular at the time of the creation of a personal account on the All Champs website, of a contact with All Champs, of a reservation of a Service, of the purchase of Credits All Champs or Home Champs or of the purchase of a Product in the All Champs online store.
The personal data collected by All Champs include first name, last name, home address, e-mail address, telephone number, user name and password, information concerning the subscription to newsletters, IP address, information concerning the contracts concluded with All Champs, photos and videos realized within the framework of a Service.
All Champs collects these personal data in the following purposes:
- Creation and management of the personal account on the website All Champs;
- Conclusion and execution of a contract;
- Communication with the Customer within the framework of the execution of a Service, of a sales contract or for marketing purposes;
- Marketing communications on social networks or any other media.
All Champs keeps these personal data as long as they are useful for the purpose for which they were collected and, in any case, within the limits provided by the law.
4- What personal data is communicated to third parties and for what purpose ?
In principle, All Champs uses the collected personal data only within the framework of its individual company.
Nevertheless, All Champs may from time to time communicate personal data collected to third parties for the purpose of performing a Service. Indeed, All Champs may communicate personal data to coaches in charge of the execution of an All Champs group class or a Home Champs class or to external service providers in the context of the execution of a Service (for example, in order to book accommodation or a place for the execution of an event).
In certain cases, the personal data are communicated to thirds located abroad, in particular when the Service must be carried out there. All Champs will communicate only the personal data concerning the Customer which are strictly necessary for the execution of the contract.
5- Which are the rights of the Customers and the users ?
The Customer or any user of the site All Champs can at any time ask to reach the collected personal data, to make correct or supplement those, to oppose to their treatment or to require their suppression.
The Customer or any user of the site All Champs can assert these rights by sending a written notification to the following e-mail address: firstname.lastname@example.org. All Champs may then use the contact e-mail address to communicate with the Customer or user for this sole purpose.
6- Which security measures are applied to protect the personal data ?
All Champs has put in place all the appropriate technical and organizational measures in order to guarantee the confidentiality and the integrity of the treated personal data.
However, the transmission by the Customer or the user of the All Champs website of information via Internet or any other electronic media generates certain security risks. All Champs cannot thus guarantee the safety of the information transmitted by this way.