Terms of Sale
GENERAL TERMS AND CONDITIONS OF SALE AND USE
Version effective as of 13 July 2026
PREAMBLE
This website is operated by Alban Orin, whose business address is 7 rue Professeur Dubuisson, 44100 Nantes, France.
In these General Terms and Conditions of Sale and Use, the terms“we”, “us” and “our” refer to Alban Orin.
Alban Orin makes this website, together with the information,content, tools, features, products and services offered through it, available to users subject to their acceptance of these General Terms and Conditions ofSale and Use and of the policies and notices referred to herein.
These General Terms and Conditions of Sale and Use, hereinafter the“Terms and Conditions”, govern:
· access to and use of the website;
· consultation of the content published on it;
· the ordering and purchase of products or services offered on it;
· the contractual relationship between Alban Orin and any user or customer.
They apply to all users of the website, including visitors,prospective customers, consumer customers, business customers, partners and content contributors.
Any order placed through the website constitutes the customer's prior, express and unconditional acceptance of these Terms and Conditions.
Before placing an order, the customer acknowledges that they have read these Terms and Conditions and have had the opportunity to save or print them.
A customer who does not accept these Terms and Conditions must not use the services offered or place an order through the website.
These Terms and Conditions are available on the website at all times. The version applicable to an order is the version accepted by the customer on the date of that order.
Any subsequent amendments shall not apply retrospectively to contracts already concluded, except where required by mandatory law or expressly agreed between the parties.
ARTICLE 1 —IDENTITY AND CONTACT DETAILS OF THE SELLER
The website and the services offered through it are operated by:
Alban Orin
Legal status: sole trader (entrepreneur individuel — E.I.)
Business address: 7 rue Professeur Dubuisson, 44100 Nantes, France
SIREN number: 794 822 213
SIRET number: 794 822 213 00011
VAT treatment: VAT not applicable pursuant to Article 293 B of the French General Tax Code (“TVA non applicable, article 293 B du CGI”)
Email: hello@albanorin.com
Telephone: +33 6 67 74 41 70
Website: https://albanorin.com
Publication director: Alban Orin.
The website is designed, published and hosted using the services of:
Webflow, Inc.
398 11th Street, 2nd Floor
San Francisco, CA 94103
United States
Telephone: +1 415 964 0555
Website: https://webflow.com
Webflow provides the technical website-building, content-management, delivery and hosting services.
Rogue Hosting, operated by Christian Cerdan, may act as a technical, maintenance or domain-management provider:
Medford, Oregon, United States
Email: info@roguehosting.com
Telephone: +1 541-946-3671
Website: https://roguehosting.com
ARTICLE 2 —SCOPE
These Terms and Conditions apply to all products and services offered by Alban Orin through the website, including, depending on the offers actually available:
· individual consultations;
· functional or respiratory assessments;
· online and in-person support sessions;
· in-person or distance-learning courses;
· certification programmes;
· courses, retreats and immersive programmes;
· workshops and conferences;
· educational or digital content;
· professional events;
· any additional products or resources offered online.
The essential characteristics, content, dates, location, duration,access arrangements, prerequisites and price of each service are set out on the relevant offer page or in the quotation supplied to the customer.
In the event of any inconsistency between these Terms and Conditions and specific terms appearing on an offer page, quotation, training agreement or registration form, the specific terms shall prevail for the service concerned.
ARTICLE 3 —LEGAL CAPACITY AND CONDITIONS OF ACCESS
The customer represents that they have the legal capacity to enter into a contract and to be bound by these Terms and Conditions.
The services are generally intended for adults.
A minor may participate only with the prior authorisation of their legal representative and may be subject to specific conditions communicated before registration.
The customer undertakes to use the website and the services in compliance with applicable law, third-party rights, public policy and theseTerms and Conditions.
The website, its content and its services must not be used for any unlawful, fraudulent or unauthorised purpose.
In particular, users must not transmit viruses, malware or any code capable of impairing the operation of the website, its services or third-party computer systems.
Any serious breach may result in the suspension or termination of access to the website or a service, without prejudice to any other rights and remedies available by law.
ARTICLE 4 —PRE-CONTRACTUAL INFORMATION
Before any order is placed, the customer receives or is able to consult, in a clear and understandable form, the essential information relating to the service, including:
· its principal characteristics;
· its content and objectives;
· its duration;
· its dates and times, where determined;
· its location or remote-access arrangements;
· any prerequisites;
· its total price inclusive of all applicable taxes;
· payment arrangements;
· performance and delivery arrangements;
· cancellation and refund conditions;
· the existence or absence of a statutory right of withdrawal;
· any contraindications or specific precautions;
· the professional’s contact details;
· complaints-handling procedures;
· the contact details of the competent consumer mediator.
The customer is responsible for checking, before placing an order,that the service is suitable for their needs.
The information presented on the website is descriptive and commercial in nature. Where an individual assessment is necessary, it does not replace such an assessment.
ARTICLE 5 —ORDERS
The customer selects the service they wish to order and follows the registration or payment procedure shown on the website.
Before finally confirming the order, the customer may review its contents and total price and correct any errors.
Final confirmation of a paid order shall be made by means of a button or statement clearly indicating that the order entails an obligation to pay.
The contract is concluded only after:
1. the requested information has been supplied;
2. These Terms and Conditions have been accepted;
3. payment has been authorised or, where payment by instalments is offered, the first instalment has been paid;
4. an order confirmation has been sent to the customer on a durable medium.
The order confirmation summarises the essential characteristics of the service, its price, payment terms and, where applicable, its dates or conditions of performance.
Alban Orin may request additional information where reasonably necessary for the organisation, safety or suitability of the service.
A registration request, application or request-for-access form does not necessarily constitute final acceptance until payment confirmation or another express written confirmation has been sent to the customer.
5.1Registration process
Registration for a service is completed through the online form available at albanorin.com. Subject to the rules above, registration is treated as final once the following elements have been received, or at least once item2 has been received where expressly stated in the offer:
5. the completed registration form;
6. full payment or the required deposit, where applicable;
7. written confirmation sent by Alban Orin to the email address supplied.
Unless the specific offer expressly provides otherwise, payment constitutes a request to register and the contract is concluded only when AlbanOrin sends written confirmation to the email address supplied by the customer.
5.2Conditions of access
Certain services are subject to prerequisites, such as experience level, health status or prior certification. These prerequisites are stated on the relevant service page. Alban Orin may refuse registration where the prerequisites are not met, in which case all sums paid for the refused registration shall be refunded.
5.3 Number of participants
The minimum and maximum number of participants applicable to each retreat, certification programme or group service are stated on the relevant offer page before the order is placed. One-to-one sessions are limited to one participant. Where the stated minimum number is not reached, Alban Orin may cancel or postpone the service in accordance with Article 15.
ARTICLE 6 —REFUSAL OR CANCELLATION OF AN ORDER
Alban Orin may refuse or cancel an order for a legitimate reason,including:
· non-payment or payment refusal;
· manifestly incorrect or incomplete information;
· reasonable suspicion of fraud;
· unavailability of the service;
· failure to meet announced prerequisites;
· an evident contraindication to participation;
· serious prior misconduct;
· an unresolved payment dispute relating to a previous order;
· the maximum capacity having been reached;
· a material or regulatory impossibility preventing performance.
Where Alban Orin cancels an order after payment has been received,the sums paid for the cancelled service shall be refunded, except where a deduction is lawfully justified by a service already performed or by a breach attributable to the customer.
No order may be refused on discriminatory grounds or on any ground prohibited by law.
ARTICLE 7 —PRICES
The applicable prices are those displayed on the website or communicated to the customer at the time of ordering.
Unless otherwise stated, prices offered to consumers are expressed in euros and include all applicable taxes.
Any additional costs, including accommodation, travel, meals,delivery, transaction or equipment costs, shall be disclosed before the order is confirmed.
Any personal expenses not expressly included in the offer remain the participant's responsibility.
Alban Orin may change the prices of future offers at any time. A price change shall not apply retrospectively to an order already confirmed.
Promotional, preferential or early-bird prices are valid only during the stated period and subject to the stated number of available places.
7.1 Prices applicable to individual offers
The price, included services, capacity, promotional period and number of places available for each event or programme are those stated on the relevant offer page at the time the customer places the order. Event-specific rates, including early-bird rates, are not incorporated permanently into theseTerms and Conditions. Where an offer is described as “all-inclusive”, only the items expressly listed on that offer page are included.
ARTICLE 8 —PAYMENT TERMS
Payment shall be made using the methods offered at the time of ordering.
Payment may be made by bank card, bank transfer or through a secure third-party payment service.
Where payment by instalments is offered, the payment schedule shall be communicated before the contract is concluded.
The customer represents that they are authorised to use the selected payment method.
Banking data are processed by the relevant payment providers in accordance with their own terms and security arrangements. Alban Orin does not store the customer’s full card number.
Any sum not paid when due may, after notice to the customer, result in:
· suspension of access to the service;
· the remaining sums becoming payable, to the extent permitted by law and by the agreed payment schedule;
· the application of statutory penalties where the customer is acting for professional purposes.
For business customers, late payment may result in late-payment interest and the statutory fixed recovery charge, at the rates and under the conditions stated on the invoice or quotation.
8.1 Payment arrangements
Unless the relevant offer provides for full payment upon registration, a deposit of 30% is payable when the order is placed and the remaining balance is payable no later than the service start date. For one-to-one sessions, full payment is due before the session. Any different installment schedule is communicated to and accepted by the customer before the contract is concluded. Card payments are processed securely through Stripe.Alban Orin does not store full payment-card numbers.
8.2Professional funding
No programme is represented as eligible for CPF, OPCO or other professional funding unless that eligibility is expressly stated on the relevant offer page and confirmed in writing by the competent funding body. The customer remains responsible for obtaining funding approval before registration. Refusal, delay or partial coverage by a funding body does not alter the customer’s payment obligations unless Alban Orin has expressly agreed otherwise in writing.
ARTICLE 9 —INVOICING
An invoice shall be issued in accordance with applicable law.
The customer undertakes to provide accurate, complete and up-to-date billing information.
The customer must promptly inform Alban Orin of any change to their email address, billing address or other information required for proper performance of the contract.
ARTICLE 10 —AVAILABILITY, CHANGES AND CUSTOMER CANCELLATION
Services are offered subject to availability and, where applicable,the announced capacity.
Alban Orin may make reasonable adjustments to the programme,timetable, order of activities, instructors or precise venue where such adjustments are necessary for the proper delivery of the service and do not substantially alter its nature.
Where a substantial change is made, the customer shall be informed as soon as reasonably possible. The customer may accept the change or cancel their participation and obtain a refund for the part of the service not performed, unless they accept an equivalent alternative.
Alban Orin shall not unilaterally alter the essential characteristics of a confirmed service without a legitimate reason and without respecting the customer’s statutory rights.
10.1Cancellation by the participant — immersive retreats
· More than 60 days before the start date: full refund, excluding any processing fee that is lawful,reasonable and disclosed in advance.
· Between 30 and 60 days before the start date: refund of 50% of the deposit.
· Less than 30 days before the start date: no contractual refund, subject always to mandatory consumer law.
A transfer to a future session may be offered, subject to availability and without an additional transfer fee where the request is made more than 60 days before the start date.
10.2Cancellation by the participant — professional certification programmes
· More than 60 days before the start date: full refund, excluding any lawful, reasonable and previously disclosed processing fee.
· Between 30 and 60 days before the start date: 50% refund.
· Less than 30 days before the start date: no contractual refund, subject always to mandatory consumer law.
10.3Cancellation by the participant — online programmes
A full refund shall be made where cancellation occurs more than 30days before the start date. No contractual refund shall be due after that deadline, subject always to any applicable statutory right of withdrawal or other mandatory right.
10.4Cancellation or rescheduling of one-to-one sessions
A one-to-one session may be cancelled or rescheduled without charge up to 24 hours before the scheduled start time. After that deadline, the full-session fee remains payable, unless mandatory law or exceptional circumstances require otherwise.
All cancellation requests must be sent by email tohello@albanorin.com.
10.5Substitute participant
For retreats and certification programmes, a participant may request that another person meeting the same prerequisites take their place. The request must be sent by email at least 1 day before the start date and is subject to Alban Orin’s prior written approval and to any restrictions imposed by third-party providers.
10.6Participant health and conduct
Certain respiratory practices, including deliberate hyperventilation, hypoxic exposure and breath-holding, may be contraindicated for certain health conditions.
A health questionnaire may be required before participation. The participant is responsible for providing accurate and complete information and for seeking appropriate medical advice where necessary.
The participant agrees to:
· follow the instructor’s safety instructions at all times;
· immediately report any discomfort or unusual symptom;
· not participate while under the influence of alcohol, drugs or any substance impairing their abilities;
· respect the other participants and the framework of the service.
Nothing in these Terms and Conditions excludes or limits liability where such exclusion or limitation is prohibited by law, including liability for personal injury attributable to Alban Orin’s fault, gross negligence,wilful misconduct or breach of an essential contractual obligation.
ARTICLE 11 —IN-PERSON SERVICES
The customer undertakes to attend at the dates, times and locations indicated.
The customer is responsible for arranging and paying for travel,accommodation and personal expenses unless they are expressly included in the offer.
The customer is responsible for the accuracy and validity of travel documents and for completing any required administrative formalities.
A delay, absence or interruption attributable to the customer does not automatically give rise to a refund.
However, the applicable cancellation terms shall be interpreted in light of mandatory law, the cancellation date, the costs actually incurred and the specific terms communicated before the order.
Where accommodation, catering or an activity is supplied by a third party, that provider’s terms may also apply, provided that they were brought to the customer’s attention before the contract was concluded.
ARTICLE 12 —REMOTE SERVICES AND DIGITAL CONTENT
For remote services, the customer must have equipment, an internet connection and software compatible with the technical requirements communicated.
The customer remains responsible for their equipment, connection and technical environment.
Unless a malfunction is directly attributable to Alban Orin or its service provider, difficulties arising from the customer’s equipment,connection or software do not constitute non-performance by Alban Orin.
Any access credentials supplied are personal, confidential andnon-transferable.
The customer must not disclose them to a third party or permit unauthorised collective access.
Digital content, videos, educational documents, protocols and training materials are made available for the period and under the conditions stated in the offer.
Where required by law, information concerning functionality,compatibility, interoperability and the access period shall be provided before the order is placed.
ARTICLE 13 —STATUTORY RIGHT OF WITHDRAWAL
13.1Principle
Where the customer acts as a consumer and the contract is concluded at a distance, the customer generally has fourteen days in which to exercise the statutory right of withdrawal without giving any reason.
For a service contract, the withdrawal period begins on the date the contract is concluded.
The customer may exercise this right by using the model form at the end of these Terms and Conditions or by sending any unambiguous statement expressing the decision to withdraw.
The request must be sent to:
Alban Orin
7 rue Professeur Dubuisson
44100 Nantes, France
hello@albanorin.com
Where the request is submitted electronically, an acknowledgement of receipt shall be sent to the customer on a durable medium.
13.2Performance beginning before the end of the withdrawal period
Where the customer expressly requests that performance begin before the end of the withdrawal period, the customer remains entitled to withdraw until the service has been fully performed.
In that event, the customer may be required to pay an amount proportionate to the part of the service performed before the withdrawal decision was communicated.
Where a service has been fully performed before expiry of the fourteen-day period, the right of withdrawal is lost only if the customer expressly requested early performance and expressly acknowledged that the right would be lost once the service had been fully performed.
13.3 Digital content not supplied on a tangible medium
Performance of a contract for digital content not supplied on a tangible medium may begin before the end of the withdrawal period only after:
· the customer’s prior express consent;
· the customer’s express acknowledgement that the right of withdrawal will be lost;
· confirmation of that consent and acknowledgement on a durable medium.
Failing this, the protective provisions of the French Consumer Code remain applicable.
Where applicable, the checkout process shall present separate,unticked consent boxes enabling the consumer to: (i) expressly request that performance of a service begin before the end of the fourteen-day withdrawal period; and (ii), for digital content not supplied on a tangible medium,expressly consent to immediate performance and acknowledge the resulting loss of the right of withdrawal. Acceptance of these Terms and Conditions alone does not constitute either consent.
13.4 Services supplied on a specified date or during a specified period
In accordance with the statutory exceptions, the right of withdrawal may not apply, in particular, to contracts for:
· non-residential accommodation;
· catering services;
· leisure activities;
· or certain services to be supplied on a specified date or during a specified period.
This exception applies only where all statutory conditions are met.Each dated retreat, immersion, certification programme or other event page shall state clearly, before the order is placed, whether the statutory right of withdrawal applies or is excluded and shall set out the applicable contractual cancellation and refund terms. The absence of a statutory right of withdrawal does not remove any separate rights granted by the specific terms of the offer.
13.5 Refund following valid withdrawal
Where the right of withdrawal is validly exercised, the sums due shall be refunded within the statutory period using the same means of payment as the original transaction, unless the customer expressly agrees otherwise and incurs no additional cost.
ARTICLE 14 —CANCELLATION BY THE CUSTOMER
Outside the statutory right of withdrawal, the applicable cancellation conditions are those stated on the offer page, registration form,quotation or specific contract.
Depending on the nature of the service and the cancellation date,those conditions may provide for:
· a full refund;
· a partial refund;
· a credit note;
· transfer to another session;
· or retention of sums corresponding to costs actually incurred, a deposit, or a proportionate/cancellation charge.
Any term requiring a consumer to pay a manifestly disproportionate amount may be unenforceable.
Where the customer is unable to attend, transfer of the place to another person may be offered, subject to Alban Orin’s prior approval,fulfilment of any prerequisites, third-party constraints and applicable law.
ARTICLE 15 —CANCELLATION OR POSTPONEMENT BY ALBAN ORIN
Alban Orin may cancel or postpone a service, in particular, where there is:
· an insufficient number of participants;
· the essential unavailability of an instructor;
· an inability to access the venue;
· a safety issue;
· an administrative decision;
· a force majeure event;
· or any event making performance impossible or unsafe.
The customer shall be informed as soon as reasonably possible.
Where Alban Orin permanently cancels a service, all sums paid for the cancelled service shall be refunded within fourteen days where that period is legally applicable or otherwise within a reasonable period.
Unless the loss is attributable to Alban Orin’s fault or mandatory law provides otherwise, separate personal expenses incurred by the customer,including travel, accommodation or insurance costs, are not reimbursed.
Customers are encouraged to obtain appropriate travel or cancellation insurance where they consider this necessary.
ARTICLE 16 —HEALTH, SAFETY AND CONTRAINDICATIONS
The information and services offered through the website do not constitute an emergency medical service.
Unless expressly stated and within the limits of the relevant professional qualifications, they do not replace medical diagnosis, medical treatment or follow-up by an appropriately qualified healthcare professional.
The customer is responsible for providing accurate information concerning their health where such information is necessary for safety or adaptation of the service.
The customer should seek medical advice before participating where they have a health problem, medical condition, pregnancy, current treatment,relevant medical history or any doubt about their ability to participate.
Certain respiratory, physical, thermal, cold-exposure,breath-holding or exertion practices may involve contraindications.
All contraindications and safety instructions communicated must be observed.
The customer must stop the activity immediately and inform the instructor in the event of pain, discomfort, dizziness, unusual difficulty or any concerning symptom.
Alban Orin may refuse or stop a person’s participation where this appears reasonably necessary to protect that person or the group.
Breathing exercises involving breath-holding or deliberately altered ventilation must not be practised in water, while driving, near a hazard or in any situation in which loss of alertness could cause an accident.
ARTICLE 17 —THIRD-PARTY TOOLS AND SERVICES
The website may provide access to tools or services supplied by third parties, including payment platforms, video-conferencing platforms,content-hosting services, booking tools, forms, email services, analysis or measurement services, accommodation providers and catering providers.
These services may be governed by the providers’ own contractual terms and privacy policies.
Alban Orin does not necessarily control their availability, security or operation.
Alban Orin shall not be liable for damage exclusively attributable to an independent third-party provider, without prejudice to any rights the customer may have directly against Alban Orin where Alban Orin remains legally responsible for proper performance of the contract.
ARTICLE 18 —EXTERNAL LINKS
The website may contain links to websites or resources operated by third parties.
Those links are provided for information or convenience.
Alban Orin does not systematically control the content, products,services, practices or policies of those websites.
Users should review the relevant terms of use, terms of sale and privacy policies before entering into any transaction.
Alban Orin shall not be liable for damage arising exclusively from the use of an independent third-party website.
ARTICLE 19 —USER CONTRIBUTIONS, COMMENTS AND TESTIMONIALS
Where a user voluntarily submits a comment, suggestion, testimonial,photograph, video or other content, the user warrants that:
· they hold the necessary rights;
· the content does not infringe the rights of any third party;
· the content is not unlawful,defamatory or misleading;
· the content contains no malware;
· the information is accurate to the best of their knowledge.
No testimonial, name, photograph or other identifying content shall be used for promotional purposes without a valid legal basis and, where required, the person’s consent.
Submission of a suggestion or comment does not constitute a general and unlimited assignment of intellectual-property rights.
Any permission to use such material shall be interpreted according to its stated purpose, duration, territory and media.
Alban Orin may moderate or remove content that is manifestly unlawful, offensive, fraudulent, dangerous or infringes third-party rights.
ARTICLE 20 —INTELLECTUAL PROPERTY
The website, its structure, texts, photographs, videos, graphics,trademarks, logos, programmes, protocols, educational materials, downloadable documents and other content are protected by intellectual-property law.
Educational content, including course materials, protocols, video or audio recordings and documents supplied, is owned by Alban Orin or by the relevant partners or rights holders, including, where applicable, OxygenAdvantage®, Buteyko, Breatheology and BreathingManFoundation.
Unless otherwise stated, the material is owned by Alban Orin or used with the permission of its owner.
Access to the website or purchase of a service does not transfer ownership of any such material.
The customer receives only a personal, limited, non-exclusive,non-assignable and non-transferable right to use the supplied materials for their own purposes and within the limits stated at the time of ordering.
Without prior written permission, it is prohibited to:
· reproduce or distribute the content;
· record courses or consultations;
· share platform access credentials;
· resell materials;
· make content available to a third party;
· use the content to create or commercialise a competing training programme;
· remove intellectual-property notices;
· use the trademarks or logos displayed on the website.
Rights in third-party trademarks, including Oxygen Advantage®,Buteyko and any other trademark mentioned, remain with their respective owners.
The purchase of a course or certification grants only the rights expressly conferred by the relevant certifying body or trademark owner.
ARTICLE 21 —PROHIBITED USES
It is prohibited to use the website or its content:
8. for any unlawful or fraudulent purpose;
9. to encourage another person to commit an unlawful act;
10. to infringe intellectual-property rights;
11. to harass, threaten, defame or intimidate any person;
12. to publish false or misleading information;
13. to transmit viruses or malware;
14. to collect personal data unlawfully;
15. to send unsolicited communications;
16. to circumvent security measures;
17. to systematically extract or reproduce website data;
18. to impersonate another person;
19. to disrupt the operation of the website or service.
In the event of a breach, Alban Orin may suspend or terminate the user's access, without prejudice to any legal proceedings that may be brought.
ARTICLE 22 —ACCURACY OF INFORMATION
Alban Orin takes reasonable steps to provide accurate,understandable and up-to-date information on the website.
Material errors, omissions or outdated information may nevertheless occur.
An error affecting an essential characteristic, price or availability shall be corrected as soon as it is identified.
Where the error affects an order already placed, the customer shall be informed and shall retain all rights provided by law, including the right to confirm the order on the corrected terms or to cancel where the error makes performance impossible or fundamentally different.
A price that is manifestly derisory or manifestly inconsistent with the actual value of the service may justify cancellation of the order in accordance with applicable law.
General, historical, editorial or scientific content is provided for information only and must not be used as the sole basis for a medical, legal,financial or professional decision requiring specialist advice.
ARTICLE 23 —WEBSITE AVAILABILITY
Alban Orin uses reasonable efforts to maintain access to the website and digital services.
Continuous, uninterrupted or entirely error-free operation cannot be guaranteed.
Access may be temporarily interrupted for maintenance, security,updates, technical failure or force majeure.
Where reasonably possible, foreseeable interruptions materially affecting a paid service shall be announced in advance.
Where unavailability prevents performance of a contractual service,an appropriate remedy shall be offered, such as postponement, an extension of access or a proportionate refund.
ARTICLE 24 —LIABILITY
Alban Orin is responsible for the proper performance of contractual obligations in accordance with applicable law.
Alban Orin shall not be liable where non-performance or defective performance results from:
· the customer’s fault;
· the unforeseeable and unavoidable act of a third party to the contract;
· force majeure;
· incorrect or incomplete information supplied by the customer;
· failure to follow safety instructions;
· use of content or protocols contrary to the instructions provided;
· the customer’s equipment or internet connection;
· or another external cause that cannot reasonably be attributed to Alban Orin.
The outcome of a consultation, training programme, protocol or practice depends on numerous individual factors.
No particular personal, medical, professional, financial or sporting result is guaranteed unless expressly agreed in writing.
No exclusion or limitation of liability applies:
· to personal injury attributable to Alban Orin;
· in the event of gross negligence or wilful misconduct;
· in the event of breach of an essential contractual obligation;
· where a statutory guarantee applies;
· or where mandatory law prohibits or limits the exclusion.
For business customers only, and where permitted by law, AlbanOrin’s liability for direct loss may be limited to the amount excluding tax paid for the service giving rise to the claim.
That limitation does not apply to personal injury, gross negligence,wilful misconduct or any case in which limitation is prohibited by law.
ARTICLE 25 —FORCE MAJEURE
Neither party shall be liable for a failure to perform caused by a force majeure event within the meaning of Article 1218 of the French Civil Code and French case law.
Subject to the statutory conditions being met, such events may include:
· natural disaster;
· fire;
· epidemic or public-health measure;
· war or terrorism;
· external strike action;
· major transport disruption;
· administrative closure;
· general network failure;
· unexpected unavailability of avenue;
· dangerous weather conditions;
· or a regulatory impossibility preventing the event from being organised.
The affected party shall inform the other party as soon as reasonably possible.
The affected obligations shall be suspended for the duration of the impediment.
Where the impediment becomes permanent or deprives the service of its purpose, the contract may be terminated in accordance with applicable law and sums paid for services not performed shall be refunded.
ARTICLE 26 —PERSONAL DATA
Personal data supplied by users are processed in accordance with theGeneral Data Protection Regulation, the French Data Protection Act and the website Privacy Policy.
The Privacy Policy sets out, in particular:
· the identity of the datacontroller;
· the categories of data collected;
· the purposes of processing;
· the legal bases for processing;
· the recipients of the data;
· the retention periods;
· any transfers outside theEuropean Economic Area;
· security measures;
· the rights of data subjects;
· how those rights may be exercised;
· the right to lodge a complaint with the French data-protection authority, the CNIL.
Requests relating to personal data may be sent tohello@albanorin.com.
26.1Additional data-protection information
Data controller: Alban Orin — hello@albanorin.com.
Purposes: management of enquiries, registrations, orders, payments and service delivery; compliance with accounting and legal obligations;handling of complaints and legal claims; and the sending of educational or marketing communications where consent or another valid legal basis exists.
Retention periods are determined by data category and purpose. In particular: accounting records and invoices are retained for ten years from the end of the relevant financial year; contracts, order confirmations and evidence required to establish or defend legal claims are retained for the applicable limitation period, generally five years after the end of the contractual relationship; prospect data used for commercial solicitation are retained for no more than three years after collection or the last active contact; customer data used for commercial solicitation are retained for no more than three years after the end of the commercial relationship; consent records are retained for the period necessary to demonstrate consent; and health or safety information is retained only for the period strictly necessary for participation, safety,compliance and the management or defence of claims, after which it is deleted or irreversibly anonymised unless a longer period is required by law.
Rights: access, rectification, erasure, restriction, portability and objection, where applicable. Consent may be withdrawn at any time without affecting processing carried out before withdrawal. Requests may be sent tohello@albanorin.com. A complaint may also be lodged with the CNIL.
Personal data are not sold or disclosed to third parties for their own commercial purposes. They may be shared with technical providers necessary for registrations, payments and communications, including Fillout, Stripe andBrevo, subject to appropriate contractual and data-protection safeguards.
Privacy Policy: https://albanorin.com/privacy-policy.
ARTICLE 27 —COOKIES AND TRACKING TECHNOLOGIES
The website may use cookies or similar technologies that are necessary for operation, audience measurement, content personalisation or the provision of third-party services.
Tracking technologies that are not strictly necessary shall be placed only after the user’s consent has been obtained, where consent is required.
Users may accept, refuse or configure cookies through the cookie-management tool available on the website.
Withdrawing consent must be as easy as giving it.
Further information is available in the Cookie Policy:https://albanorin.com/cookie-policy.
ARTICLE 28 —STATUTORY GUARANTEES
Where goods, digital content or digital services subject to statutory guarantees are supplied to a consumer, the consumer benefits from the guarantees provided by the French Consumer Code.
These statutory guarantees apply independently of any commercial guarantee.
The detailed statutory notices concerning conformity guarantees must be supplied in the form required for the relevant category of product or service.
Where the website does not sell goods, digital content or digital services covered by those guarantees, this Article applies only to the extent relevant.
ARTICLE 29 —COMPLAINTS
Complaints should first be sent in written form to:
Alban Orin
7 rue Professeur Dubuisson
44100 Nantes, France
hello@albanorin.com
+33 6 67 74 41 70
To facilitate handling, a complaint should state:
· the customer’s identity;
· the service concerned;
· the order date;
· the nature of the issue;
· and any relevant supporting document.
Alban Orin shall use reasonable efforts to respond within a reasonable period.
ARTICLE 30 —CONSUMER MEDIATION
In accordance with Articles L. 612-1 et seq. of the French ConsumerCode, a consumer customer may, after first submitting a written complaint toAlban Orin and where no satisfactory solution has been reached, refer the dispute free of charge to the consumer mediator formally designated by AlbanOrin and referenced by the French Consumer Mediation Evaluation and ControlCommission (CECMC).
The identity, postal address, website and referral procedure of the designated mediator must be displayed on the website and communicated in theFrench version of these Terms and Conditions before these Terms and Conditions are published or used with consumers.
A mediation request must be submitted within the statutory time limits and in accordance with the mediator’s procedural rules. Mediation does not deprive the consumer of the right to bring proceedings before a competent court.
ARTICLE 31 —BUSINESS CUSTOMERS
Where the customer acts for purposes falling within their trade,business, craft or profession, provisions reserved exclusively for consumers apply only where the law expressly provides.
Specific terms set out in a quotation, training agreement or contract may contain particular rules concerning payment, late-payment penalties, cancellation, intellectual property, confidentiality, liability and jurisdiction.
Where a professional training agreement is concluded, the statutory and regulatory provisions governing professional training and the terms of that agreement shall prevail in the event of inconsistency.
ARTICLE 32 —TERMINATION AND SUSPENSION
Either party may terminate an open-ended contract under the conditions stated in the contract and by law.
In the event of a contractual breach, the affected party may require the other party to remedy the breach within a reasonable period.
In the event of a sufficiently serious breach, a safety risk, fraud,infringement of intellectual-property rights or persistent non-payment, access to a service may be suspended or terminated in accordance with applicable law.
Termination does not affect obligations arising before its effective date, including validly due payments, confidentiality obligations and intellectual-property rights.
ARTICLE 33 —SEVERABILITY
If any provision of these Terms and Conditions is held to be invalid, unlawful or unenforceable, it shall be deemed unwritten only to the extent necessary.
The remaining provisions shall remain in full force, unless the invalid provision was a determining element of the parties’ agreement or continuation of the contract becomes impossible.
ARTICLE 34 —NO WAIVER
A failure by Alban Orin or the customer to exercise a right immediately, or to rely on a breach, does not constitute a waiver of that right.
Any waiver must be expressed and shall not be interpreted beyond its stated purpose.
ARTICLE 35 —ENTIRE AGREEMENT AND ORDER OF PRECEDENCE
These Terms and Conditions, the specific terms of the offer, the order confirmation, any accepted quotation and the policies expressly incorporated into the contract constitute the entire agreement between parties.
They supersede prior communications or documents relating to the subject matter, without prejudice to any specific written commitment expressly accepted.
In the event of inconsistency, the following order of precedence applies:
20. the specific contract or accepted quotation;
21. the specific terms of the offer;
22. the order confirmation;
23. these Terms and Conditions;
24. the other policies referred to herein.
ARTICLE 36 —AMENDMENTS TO THESE TERMS AND CONDITIONS
Alban Orin may amend these Terms and Conditions to reflect, in particular, a change in law or regulation, an evolution of the services, a technical change or an organisational change.
The new version applies to orders placed after its effective date.
It does not alter contracts already concluded, except where the customer expressly agrees, where the change is required by law, or where a minor change does not adversely affect the customer’s essential rights.
Continued browsing of the website after an amendment does not constitute a waiver of any mandatory rights.
ARTICLE 37 —GOVERNING LAW
These Terms and Conditions and contracts concluded with Alban Orin are governed by French law.
Where the customer is a consumer resident in another Member State of the European Union, this choice of law does not deprive the customer of the protection afforded by mandatory provisions of the law of their country of habitual residence where those provisions apply.
The United Nations Convention on Contracts for the InternationalSale of Goods is excluded where that exclusion is relevant.
ARTICLE 38 —LANGUAGE AND JURISDICTION
38.1 Language
Where these Terms and Conditions are available in both French andEnglish, the French version shall prevail in the event of any discrepancy,ambiguity or dispute.
38.2 Amicable settlement and competent courts
In the event of a dispute, the parties shall first seek an amicable resolution.
A consumer may bring proceedings before any court having territorial jurisdiction under the French Code of Civil Procedure, including the court for the place where the consumer resided when the contract was concluded or when the harmful event occurred, where the French Consumer Code so provides.
No provision of these Terms and Conditions imposes on a consumer an exclusive court other than the courts the consumer is entitled to choose under mandatory law.
For disputes between business customers and Alban Orin, jurisdiction may be conferred on the courts having jurisdiction in Nantes, provided that jurisdiction clause is valid, sufficiently prominent and expressly accepted in accordance with applicable law.
ARTICLE 39 —CONTACT
Questions concerning these Terms and Conditions may be sent to:
Alban Orin
7 rue Professeur Dubuisson
44100 Nantes, France
Email: hello@albanorin.com
Telephone: +33 6 67 74 41 70
APPENDIX —MODEL WITHDRAWAL FORM
Complete and return this form only if you wish to withdraw from a contract for which the statutory right of withdrawal applies.
To:
Alban Orin
7 rue Professeur Dubuisson
44100 Nantes, France
hello@albanorin.com
I hereby give notice that I withdraw from my contract for the following service:
Name of service:
........................................................................................................
Ordered on:
........................................................................................................
Name of consumer:
........................................................................................................
Address of consumer:
........................................................................................................
........................................................................................................
Email address used for the order:
........................................................................................................
Date:
........................................................................................................
Signature of consumer, only if this form is submitted on paper:
........................................................................................................