General Terms and Conditions of Sale

1. Definitions

"The Client" 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 services may withdraw within 14 calendar days.

3. Prices

Services sold on the site are sold in exchange for a flat-rate price. Payment must be made in full by the start date of the coaching. Except for the application of the right of withdrawal, payment is mandatory, unless otherwise agreed with the service provider.

The price of products and services is indicated in euros, all taxes included.

The service may be postponed to a date agreed between the client and EKSS but is not refundable.

4. Guarantees Relating to Services Provided by EKSS

EKSS undertakes to perform the service provision with due diligence.

EKSS's commitments in the context of service provision are limited to strict obligations of means. Under no circumstances could 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 obligations 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 fraud on the part of EKSS, the damage for which the Client may claim compensation includes only bodily harm directly resulting from the fault attributed to EKSS if it is proven that it was committed through its fault.

The Client also acknowledges that EKSS is not responsible for any direct or indirect damages caused by the services provided.

6. Intellectual Property

The client undertakes not to share the media received from EKSS.

Unless otherwise expressly and previously agreed, the Client is not authorized to modify, reproduce, rent, borrow, sell, distribute or create derivative works based in whole or in part on elements present on the EKSS website or catalog.

EKSS is the exclusive assignee or licensee of intellectual property rights to the content of services in a contractual framework. These contents are protected by intellectual property law.

EKSS is also the producer of the video tutorials accessible on the site and has its own intellectual rights in this regard.

The purchase of services on the site does not entail any assignment or license of intellectual property rights in favor of the Client.

It is strictly prohibited, without prior authorization or otherwise than for the private needs of Clients related to the follow-up of the coaching, to extract, download, use, reuse, reproduce, broadcast, distribute, in any form whatsoever, and on any medium whatsoever, all or part of the content of EKSS.

Any unauthorized use of the content constitutes in particular an infringement offense 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 natural persons with regard to the processing of personal data and on the free movement of such data ("GDPR"), and to the law of 2 August 2002 on the protection of persons with regard to the processing of personal data.

8. Collection and Processing of Personal Data

EKSS acknowledges 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 law or regulation governing the processing of personal data.

9. Client Rights

The Client has a right to information and access to their personal data collected by EKSS. Clients thus have the right to receive a copy of their personal data in a structured, commonly used and machine-readable format.

The Client has the right to request the modification and deletion of their personal data. The deletion of personal data is equivalent to an act of unsubscription from EKSS services, subject to compliance with the applicable provisions in the agreement concluded between the parties.

The Client may request the deletion of their data (within the limits of the legal obligations of the data controller), without this affecting the processing carried out previously. The request for data deletion can be sent to the email address: contact@pertedepoids.lu

10. Unfair Competition

The Client formally undertakes to refrain from any disloyal behavior towards the Company aimed at soliciting, directly or indirectly, coaches or prospects of the Company in order to offer them services identical or similar to those offered by EKSS.

11. Contact

For any questions regarding the protection of personal data, to unsubscribe or if they believe their privacy is not being respected, the Client may contact the data controller of EKSS at the email address contact@pertedepoids.lu.

In addition, the Client has the possibility to file a complaint with the National Commission for Data Protection (cnpd.lu).

12. Force Majeure

EKSS cannot be held responsible, both contractually and extra-contractually, in case of non-execution, temporary or definitive, of its obligations when this non-execution results from a case of force majeure or fortuitous event. The following events will in particular be considered as cases of force majeure or fortuitous events:

• incapacity for work
• earthquakes
• fires
• floods
• epidemics
• acts of war or terrorism
• strikes, declared or not
• lock-outs
• blockades
• insurrections and riots
• a stoppage of energy supply (such as electricity)
• a failure of the Internet network or data storage system
• a failure of the telecommunications network
• a loss of connectivity to the Internet network or telecommunications network on which EKSS depends
• an act or decision of a third party when this decision affects the proper execution of this contract
• any other cause beyond the reasonable control of EKSS
• and finally, in general, any event of any nature whatsoever, which is reasonably beyond the control of either party.

If, due to circumstances beyond the control of EKSS, the performance of its obligations cannot be continued or is simply made more expensive or difficult, EKSS and the Client undertake to negotiate in good faith and loyally an adaptation of the contractual conditions within a reasonable time in order to restore balance. Failing agreement within a reasonable time, either party may invoke the termination of the contractual relationship binding them without compensation or indemnity of any kind.

The nullity of a provision of these general conditions does not entail the nullity of the others.

13. Modification of These General Terms and Conditions

These general terms and conditions may be modified or supplemented at any time, without notice. It is the Client's responsibility to inform themselves of the general terms and conditions, of which only the updated version accessible online is deemed to be in force.

14. Applicable Law and Competent Jurisdiction

Any dispute relating to products or services delivered by EKSS, as well as any dispute as to the validity, interpretation or execution of these general conditions will be subject to Luxembourg law and the exclusive jurisdiction of Luxembourg Courts and Tribunals.