Legal notice


Terms of Sales

Preamble

These general conditions of sale apply to all services provided on the website and the Featness application.
The Featness website and application are a service of:

Swiss app SA C / o REVIDOR Société fiduciaire SA
located at: Street Agasse 54, 1208 Geneva SWITZERLAND
IDE: CHE-116.303.292 VAT
site URL: https://featness.app
iOS application address: https://apps.apple.com/fr/app/featness/id1498631815
Google Play Android application address: https://play.google.com/store/apps/details?id=com.gymgeneva.app&hl=fr&gl=US

The customer declares to have read and accepted the general conditions of sale prior to placing any order and subscription. The validation of the order therefore implies acceptance of the general conditions of sale.

 

Article 1 - Content and scope

These general conditions of sale apply as of right to the following services: advice, program development and sports fitness training on the site and the Featness application.

They apply to the exclusion of all other conditions, and in particular those applicable to sales on the internet or through other distribution and marketing channels.

The sale is deemed to have been concluded on the date of the subscription made online by subscription form on the site and application or by payment via the Stripe payment intermediary.

Any subscription, order or immediate purchase implies unreserved acceptance of these general conditions of sale which prevail over all other conditions, with the exception of those which have been expressly accepted by the seller.

The buyer declares to have read these general conditions of sale and to have accepted them before purchasing immediately, subscribing to a subscription or placing an order.

 

Article 2 - Pre-contractual information

Prior to the immediate purchase or the placing of the order and the conclusion of the contract, these general conditions of sale are communicated to the purchaser, who acknowledges having received them.

The following information is sent to the buyer in a clear and understandable manner:

the essential characteristics of the service;
the price of the service or the method of calculating the price and, if applicable, any additional costs of transport, delivery or postage and all other possible costs;
the date or timeframe by which the service provider undertakes to perform the service, regardless of its price, and any other contractual condition;
information relating to the identity of the service provider, its postal, telephone and electronic contact details, and its activities;
the methods provided for handling complaints;
the duration of the contract, when concluded for a fixed term, or the conditions for its termination in the event of an indefinite contract;
with regard to digital content any relevant interoperability of such content with certain hardware or software that the trader has or reasonably should have

 

The service provider must also communicate to the purchaser, or make available to him, the following information:

legal status and form, contact details allowing quick contact and direct communication with him;
where applicable, the registration number in the trade and companies register or in the trades directory;
for activities subject to an authorization regime, the name and address of the issuing authority;
for the service provider who is a member of a regulated profession, his professional title, the EU Member State in which it was granted and the name of the order or professional body with which he is registered;
any financial guarantee or professional liability insurance taken out by him, the contact details of the insurer or guarantor as well as the geographical coverage of the contract or commitment.

 

Article 3 - Orders and subscriptions

By order and subscriptions, it is necessary to understand any order made by the subscription forms of the site and of the application of Featness relating to the services appearing on the prices of the seller, and accepted by him, accompanied by the payment of the possible deposit. provided on the order form.

All orders, purchases and subscriptions received by Featness are deemed to be firm and final.

It entails full adherence and acceptance of these general conditions of sale and obligation to pay for the services, courses and products ordered.

The buyer has a right of withdrawal of 14 days from the conclusion of the contract, unless otherwise provided for by Swiss consumer law.


Article 4 - Advice, programs and activities without subscription

For advice, programs and activities

excluding subscription, the sale will not be considered final until a price has been established by the service provider and confirmation of acceptance for the advice, programs and activities has been sent to the buyer.
Any request may be refused for any reason without Featness having to justify it.

Following the global coronavirus pandemic, the advice, programs and non-subscription activities concerned fall under the force majeure regime.


Article 5 - Performance of the service and termination of the contract

The monthly subscription to the site and to the Featness application gives access against the monthly payment of € 9.99 or CHF 9.50 to the following features:

Create your personalized eating plan
Diet calculator created by a nutritionist
6-week personalized program with weak points included
Save your favorite videos to watch them later
Professionals to answer your questions
A space designed just for you ladies

Unless expressly specific conditions specific to the sale or subscription or related to the specific conditions of containment and deconfinement, the execution of the subscription is carried out from the receipt by the seller of a subscription subscription in proper form.

In the event that the seller fails to fulfill his obligation to perform on the date or at the end of the period provided for above, or, failing that, no later than 30 days after the conclusion of the contract, the buyer may terminate the contract. , under the conditions of Swiss consumer law, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having ordered, under the same terms, the professional to provide the service in a reasonable additional time, the latter was not complied with within that time.

The contract is considered terminated upon receipt by the professional of the letter or writing informing him of this resolution, unless the professional has performed in the meantime.

However, the buyer can immediately terminate the contract when the professional refuses to provide the service or when he does not fulfill his obligation to provide the service on the scheduled date, if this date or this deadline constitutes a condition for the buyer. essential of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request of the consumer before the conclusion of the contract.

Any deposit paid is automatically acquired and cannot give rise to any reimbursement.


Article 5 bis - Renewal of the subscription contract

The services and subscriptions covered by this contract are subject to a contract whose duration is according to the subscription taken out on the site and the application, renewable for the same duration by tacit agreement without the parties having to intervene (the reform of article 40g of the Swiss Code of Obligations, n ° FF 2019 6491 has not yet entered into force).

This tacit renewal is unlimited until termination of the contract by the subscriber, this contract not being an insurance contract limited to a single year of tacit renewal covered by the scope of application of art. 47 LCA.


Article 6 - Withdrawal period and refund

Since Swiss law does not impose a withdrawal period, the subscribed buyer still has a right of withdrawal of 14 days from the conclusion of the subscription.

The professional will then have to reimburse the buyer for all the sums paid, at the latest within 14 days from the date on which he is informed of the buyer's decision to withdraw according to European consumer law, except justified delay.


Article 7 - Price

The prices are firm and final. Unless express specific conditions specific to the sale, the prices of the services provided are those appearing in the price catalog on the day of the order in euros and are indicated inclusive of all taxes.


Article 8 - Payment

Unless otherwise expressly provided for in the special conditions, payment of the price is made in cash when ordering by Stripe payment. No order can be taken into account in the absence of full payment by this date.

Payments made by the buyer will only be considered final after actual receipt of the sums due by the service provider. An invoice will be given to the buyer on request.


Article 9 - Intellectual property

All videos, technical documents, products, drawings, photographs given to buyers remain the exclusive property of Featness / Samy Nafnaf, the sole holder of the intellectual property rights on these documents, and must be returned to him at his request.

Customer buyers undertake not to make any use of these documents, which may infringe the industrial or intellectual property rights of the supplier

and undertake not to disclose them to any third party.

 

Article 10 - Competent court

All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which would not have could be resolved amicably between the seller and the customer, will be submitted to the competent courts of Geneva, civil court.

Article 11 - Language of the contract

These general conditions of sale are written in Swiss French. In the event that they are translated into one or more foreign languages, only the French Swiss text will prevail in the event of a dispute.


Article 12 - Mediation and dispute resolution

Any dispute must first be the subject of conventional mediation, with the law firm Eternos Corporation, 13 baggot street upper, Dublin, [email protected]

Subsidiarily, in accordance with article 14 of Regulation (EU) n ° 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals. of the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.


Article 13 - Applicable law

These general conditions are subject to the application of Swiss law

This is the case for the substantive rules as for the rules of form. In the event of a dispute or complaint, the buyer must first contact the seller to obtain an amicable solution.


Article 14 - Developments

Featness reserves the right to make any modification to these general conditions. If a change is made, the website undertakes to publish the new version on its site.

 

Newsletters, informations letter

Featness does not like spam and engages with you in compliance with the laws and regulations in force, in particular:

Regulation EU 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data (GDPR);
the French Data Protection Act and Ordinance No. 2018-1125 of 12 December 2018 relating to the protection of personal data amending Law 78-17 of 6 January 1978 relating to computers, files and freedoms and various provisions concerning the protection of personal data;
the Swiss federal law on data protection of June 19, 1992 (we are also prepared for its new update which will come into force in 2022).

The personal data collected on the registration form for our newsletters are only collected with your prior consent, necessarily resulting in your acceptance of this privacy policy via a checkbox (opt-in).

The processing of this data is necessary for the implementation of your request for newsletters. The personal data communicated in this context are subject to computer processing and are stored and used by Featness for:
Send you, with your explicit prior consent, newsletters and information messages concerning the exercises and advice offered by Featness.

This data will be kept for the duration of the use of your account and then for a period of 5 years from the last use of your account. If there is no activity on your part, your data will be destroyed at the end of this period.

As part of this use, your personal data is necessarily transmitted to the staff, trainers, service providers and subcontractors of Featness such as Sendinblue, whose privacy policy you will find by clicking here: https://fr.sendinblue.com/legal/ privacypolicy /

You have a right of access, modification, rectification, opposition, deletion and portability of data concerning you. For any request to exercise your rights, you can send an email to [email protected]
By subscribing to the newsletters, you expressly acknowledge that you consent to the processing of your personal data. You have the right to withdraw your consent at any time by clicking at the bottom of the email newsletters where you can unsubscribe or by sending an email to [email protected]

You may receive emails from Featness by legal obligation, in particular relating to general information, the update of our confidentiality policy or even technical alerts (maintenance, databreach, etc.). These emails are not considered by law as spam and must be legally sent without your prior consent for informational purposes only.

 


These general conditions of use are dated Monday, July 5, 2021.