General Terms and Conditions of Sale

Preamble

YOGA BIKRAM PARIS is a limited liability company (SARL) with capital of 8,000 euros, located at 17 rue du Faubourg Montmartre – 75009 PARIS, registered with the Paris Trade and Companies Register (R.C.S.) under identification number 442 639 068. Intra-Community VAT number: FR20442639068

You can reach a member of staff at the following phone number: 01 42 47 18 52, or by email at: info@bikramyogaparis.com

The services featured on the website https://www.bikramyogaparis.com are offered by YOGA BIKRAM PARIS, which publishes this site under the editorial direction of Ms. Marine OCHIN, its manager.
Across the entire site referred to above, YOGA BIKRAM PARIS offers the following services for sale:

  • single classes,
  • packages,
  • memberships.

By confirming their order, the Client declares that they accept without reservation the terms of said order as well as the entirety of these general terms and conditions of sale.

These general terms and conditions of sale are valid as of 1 August 2014. This second edition cancels and replaces any previous version(s).

Article 1 – Purpose of the sale

This contract concerns the online sale of Bikram yoga classes via the website https://www.bikramyogaparis.com.

Article 2 – Packages – Duration

Every user declares that they have the legal capacity to enter into a contract with YOGA BIKRAM PARIS, meaning they are at least eighteen (18) years old or legally emancipated, are legally capable of entering into contracts, and are not subject to a guardianship or conservatorship measure.

The user guarantees the truthfulness and accuracy of the information they provide.

The member declares that, in any event, both at the time of registration and throughout its duration, they have had and will continue to have their fitness to take part in the Bikram yoga classes provided by YOGA BIKRAM PARIS regularly checked by a doctor, given that classes take place in a room heated to approximately 40°C and last ninety (90) minutes.

Given the intensity of the physical activity involved, the member declares that they are not subject to any medical contraindication. They acknowledge that the practice can be demanding and tiring. They therefore undertake to inform the company without delay of any health issue, and in particular of any pregnancy, surgery, injury, cardiovascular event, etc. that could affect the practice of Bikram yoga.
In addition, the member undertakes to take all precautions necessary for their health, safety and hygiene, and to strictly follow all written and/or verbal instructions given by the company's managers and staff (notices, internal rules, etc.). The member shall not perform movements other than those taught, regardless of their yoga ability and/or experience.

Should the member fail to comply with the above commitments, they will be held responsible for any incident or accident occurring during or as a result of the practice of yoga on YOGA BIKRAM PARIS's premises.

YOGA BIKRAM PARIS reserves the right to refuse membership or access to classes, and to exclude a member from a class, in the event of doubt as to their physical condition and/or ability to practice Bikram yoga, or in the event of failure to comply with written and/or verbal instructions.

The Client may subscribe to one of the classes, packages or memberships offered, and will benefit for a period of twelve (12) months from access to the service, within the limits of the package purchased and at the rate in effect on the day of the order.
The package or membership must begin within the twelve (12) month period referred to above; any refund or carry-over to the following year is excluded.

Article 3 – Prices

The descriptions of the services presented on the site specify, for each service, the elements included in the price and any special conditions. The prices shown are those in effect on the date of booking.

All prices are shown in euros, inclusive of all taxes.

A special rate is available for students under the age of twenty-five (25). For any inquiries, contact info@bikramyogaparis.com.

To become a Client, you must open an account by completing the online form.

Article 4 – Method of payment

The payment method offered is credit card, through a secure procedure.

The user guarantees that they are fully authorized to use the payment card they will use, and that it provides access to sufficient funds to cover all costs required to settle the order. The commitment to pay made by means of a payment card is irrevocable. Payment may only be disputed in the event of loss, theft or fraudulent use of the card. The right to dispute a payment may not, in particular, be used to compensate for the absence of a right of withdrawal (see Article 10 below).

Article 5 – Access to the service

The various packages offered by YOGA BIKRAM PARIS, valid during the opening days and hours of its two Paris studios, are all strictly personal and limited in time. The member therefore undertakes to note and comply with the expiry date of their membership. No extension will be granted for any reason whatsoever.

Discovery offer: the member acknowledges that this offer is valid only for a first-time membership and must take place over ten (10) consecutive opening days from the start of their membership. The member undertakes to comply with the days and times of classes, as well as the number of participants per class. No booking is possible. The member acknowledges that they can only be admitted to a class if the number of participants has not been reached upon their arrival and/or if the class has not yet started. If the class is full and/or has started, the member acknowledges that they cannot be admitted regardless of their arrival time.

The member acknowledges that their membership will not be suspended due to illness (except for a serious illness preventing the practice of Bikram yoga, certified by a doctor), or a prolonged absence for any reason whatsoever (pregnancy, travel, etc.).

The temporary or permanent non-use of purchased classes gives the member no right to an extension beyond the expiry date, nor to early termination, nor to a refund.

YOGA BIKRAM PARIS may temporarily modify class times and/or days, or even cancel them, in the event of technical necessity of any kind, works, intervention by external parties, and/or organizational needs, etc. Modified classes will be rescheduled; cancelled classes will not be deducted.

Without prejudice to any recourse YOGA BIKRAM PARIS may pursue to remedy any damage suffered, it may take any measure it deems useful to ensure the member's compliance with these provisions, including excluding them from the premises in the event of a breach of these provisions, and terminating their membership with immediate effect upon receipt of a registered letter with acknowledgment of receipt explaining the legitimate reasons justifying such termination.

In the event of difficulty accessing the service, support is available by email at info@bikramyogaparis.com from Monday to Friday.

Article 6 – Use of the confidential code

The username and password enabling the Client to identify themselves and log in to the paid section of the site are personal and confidential. They may only be changed at the Client's request or on YOGA BIKRAM PARIS's own initiative, with the Client being informed.

The Client is entirely responsible for the use of their personal identification details. The Client undertakes to keep them secret and not to disclose them in any form whatsoever.

Any transaction carried out using the Client's username and password is deemed to have been carried out by the Client.
Any other use is subject to the prior express authorization of YOGA BIKRAM PARIS.

Any attempt to use the same personal identification details of the Client simultaneously from several computers may result in the automatic termination of this contract by YOGA BIKRAM PARIS, without prior notice.
In the event of loss or theft of any of their personal identification details, the Client must choose a new password and a new login username and notify YOGA BIKRAM PARIS by letter or email at the following address: info@bikramyogaparis.com.

Article 7 – Limitation of liability clause

7.1 – Regarding use of the site

The Client declares that they accept the characteristics and limitations of the Internet and, in particular, acknowledge:

  • that they are solely responsible for their use of the information. Consequently, YOGA BIKRAM PARIS cannot be held civilly liable, under any express or implied obligation, to the Client for any damage arising from the use of said information;
  • that they are aware of the nature of the Internet, in particular its technical performance and response times for consulting, querying or transferring information;
  • that the Client's disclosure of their personal identification details, or generally of any information deemed confidential by the Client, is made at their own risk;
  • that it is the Client's responsibility to take all necessary measures to ensure that their computer's technical characteristics allow them to consult the information;
  • that it is the Client's responsibility to take all appropriate measures to protect their own data and/or software from contamination by any viruses that may circulate through the site.

YOGA BIKRAM PARIS does not guarantee that the site will be free of anomalies, errors or bugs, nor that these can be corrected, nor that the site will operate without interruption or failure, nor that it is compatible with all hardware without exception, and cannot be held responsible for malfunctions attributable to third-party software.

7.2 – Regarding the services provided

YOGA BIKRAM PARIS cannot be held liable for any failure to perform, or improper performance of, all or part of the services provided for in the contract, where this is attributable to the Client, to a case of force majeure, or to the act of a third party to the contract.

The company cannot be held responsible in the event of theft or loss of items belonging to the member, as it provides no storage and/or supervision service. Unlocked lockers are available to members, who may bring their own padlock. Members are permitted to bring personal belongings into the classroom under their own supervision.

In any event, YOGA BIKRAM PARIS can only be held liable in the event of damage caused by a fault on its part, as demonstrated by the Client.

Article 8 – Intellectual property of content

The Client has no intellectual property rights over the documents present on the website https://www.bikramyogaparis.com and therefore may not redistribute the documents available on this site.

Any use other than that strictly authorized by law or by these general terms and conditions of sale constitutes an infringement and will be punishable under the provisions of the French Intellectual Property Code.

Article 9 – Validity and evidentiary value of electronic exchanges

The Client acknowledges the validity and evidentiary value of the electronic exchanges and records made by YOGA BIKRAM PARIS.

The Client accepts that said records shall have the same evidentiary value as a handwritten signed document with regard to orders placed and the performance of the parties' obligations.

Article 10 – Absence of a withdrawal period

Pursuant to the provisions of Article L. 121-21-8 of the French Consumer Code, the services provided by YOGA BIKRAM PARIS are not subject to the right of withdrawal provided for in Articles L. 121-21 et seq. of the French Consumer Code regarding distance selling.

Consequently, the user may not invoke the right of withdrawal once their order has been confirmed.

Article 11 – Termination

In the event of a breach by the Client of one of their essential obligations, YOGA BIKRAM PARIS reserves the right to immediately and automatically suspend their access to the studios and to terminate this contract following formal notice that remains without effect for one month, or without notice in the event of serious and/or repeated breaches.

In the event of early termination, YOGA BIKRAM PARIS will under no circumstances refund any amounts paid in full or in part by the member.

Article 12 – Complaints

Any complaint of a commercial nature or relating to the quality of the services covered herein must be reported in writing as soon as possible, and no later than thirty (30) days from the expiry of the service in question, to the following address: ….

After this period, no complaint will be considered.

An acknowledgment of receipt of the Client's complaint letter, confirming its receipt and handling by the company, will be sent within a maximum of ten (10) days.

Article 13 – Protection of personal data

The Client agrees to receive newsletters, information and/or leisure-related commercial offers by email from YOGA BIKRAM PARIS.

The information collected on this site is processed electronically for a period of 3 months for the purpose of sending YOGA BIKRAM PARIS newsletters.

In accordance with the French Data Protection Act (“loi informatique et libertés”) of 6 January 1978, as amended in 2004, YOGA BIKRAM PARIS undertakes to protect the confidentiality of all personal data of its members, which it retains for the duration of the contract entered into. The Client has the right to access, contest, rectify and delete information concerning them, which they may exercise by writing to YOGA BIKRAM PARIS's address.

The site https://www.bikramyogaparis.com uses cookies to manage user sessions. However, Clients can delete them in their web browser preferences.

The Client may also, upon written request to the company, object to the processing of their data by the company.

Article 14 – Applicable law and competent jurisdictions

This contract is governed by French law. In the event of a dispute concerning the application or interpretation of this contract, the parties agree to seek an amicable solution.

Failing this, the courts within the jurisdiction of the Paris Court of Appeal shall have sole jurisdiction.