General conditions of sale – Excluding contracts concluded on the internet

ARTICLE 1 – Scope of application

STAR’TING BLOCKS (the “Company”) has created a concept called “SPORTIFS DE REVE”. It is a platform for bringing elite-level athletes and clients together for the provision of various services (the “Service” or “Services”) by athletes.
The present General Conditions of Sale apply, without restriction or reservation, to any purchase of services offered by the Company to consumers and Non-Professional Clients (the “Clients or the “Client”).
The main characteristics of the Services are presented in the Company’s catalogue. The Client is required to understand the platform’s conditions before placing an order. The choice and purchase of a Service is the sole responsibility of the Client.
These conditions apply to the exclusion of all other conditions, in particular those applicable to other marketing channels for the Services or on the Internet.
These General Conditions of Sale are systematically communicated to all Clients prior to the conclusion of the contract for the provision of Services and will prevail, where applicable, over any other version or any other contradictory document.
The Client declares that it has read and understood the present General Conditions of Sale and has accepted them prior to conclusion of the contract for the provision of the Services. Validation of the order for Services by the Client implies unreserved acceptance of the present General Conditions of Sale.
These General Conditions of Sale may be subject to subsequent changes, the version applicable to the Client’s purchase is that in force on the day the contract is concluded.
The Company’s contact details: STAR’TING BLOCKS, 1 rue de la République – 34540 BALARUC LE VIEUX.

ARTICLE 2 – Orders

The Client selects the Services it wishes to order, according to the following terms and conditions:

Option 1 : ordering a “turnkey” service:

  • consultation of the catalogue and choice of service,
  • acceptance of the general conditions of sale and special conditions,
  • signature of an order form.

Option 2 : ordering a “tailor-made” service:

  • formulation of a request,
  • validation/signature of the quotation,
  • validation of the documents transmitted by the Client,
  • validation of the appointment date, after validation of the athlete’s availability.

It is the Client’s responsibility to check the accuracy of the order and to report any errors immediately.
The sale of Services will only be considered final after the Company has sent the Client confirmation of acceptance of the order and after the Company has received payment of the price in full.
For a “made-to-measure” service subject to a prior quotation, the order may only be considered final subject to confirmation of acceptance from the Client by e-mail.
Once confirmed and accepted by the Company, subject to the conditions described above, the order cannot be modified.
Once confirmed and accepted by the Company, under the conditions described above, the order cannot be cancelled, except in the cases provided for in articles 4 and 6 herein.
The Company reserves the right to cancel or refuse any order from a Client with whom there is a dispute over payment of a previous order.

ARTICLE 3 – Tariffs and payment conditions

The Services offered by the Company are provided at the rates in force in the Company’s catalogue or according to the quotation drawn up by the Company.
Prices are expressed in Euros, before and including VAT.
The payment requested from the Client corresponds to the total amount of the service.
An invoice is drawn up by the Company and issued to the Client after the Client has paid the price of the Service ordered and no later than 48 hours after payment.
The price is determined in the special conditions.

Option 1 : whether the contract is concluded at the company’s registered office or at a distance

the price is payable in full, in cash, on the day the order is placed by the Client, in accordance with the following terms and conditions:

  • by bank transfer,
  • by cheque.

Option 2 : the contract is concluded off-premises

Where the contract is concluded off-premises, the Company may not receive any payment or consideration in any form whatsoever from the Client before the expiry of a period of seven days from the conclusion of the contract. At the end of the seven-day period following the placing of the order by the Client, the price is payable in full, in cash, in accordance with the following terms and conditions:

  • by bank transfer,
  • by cheque.

The Company will not be required to provide the Services ordered by the Client if the price has not been paid in full within the specified period conditions indicated above.
Payments made by the Client will only be considered final after the Company has received the sums due.

ARTICLE 4 – Provision of Services

The services ordered by the Client will be provided within a maximum period of six months from the final validation of the Client’s order, in accordance with the conditions set out in the General Conditions of Sale, supplemented by any Special Terms and Conditions of Sale which are communicated to the Client together with the said General Conditions, by e-mail to the address indicated by the Client when placing the order.
Within a period of fifteen days following the final validation of the order, the Company undertakes to propose to the Client at least three dates, over a period of six months, for the performance of the service.
The Client undertakes to inform the Company of the date chosen, within the following seven days.
The company is committed to making its best efforts to provide the Services ordered by the Client, within the framework of an obligation of means and within the time limits specified above.
Failing this, the Client may request termination of the contract subject to the conditions laid down in Articles L 216-2 L 216-3 and L241-4 of the Consumer Code. The sums paid by the Client will then be returned at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.

ARTICLE 5 – Absence of the right of withdrawal

Given the nature of the services provided, orders placed by the Client do not benefit from the right of withdrawal. The contract is therefore concluded definitively when the Client places the order according to the terms and conditions specified herein. General conditions of sale.

ARTICLE 6 – Non-performance – Termination

In the event of failure by one of the Parties to comply with its contractual obligations, the Contract may be terminated automatically by the other Party thirty (30) days after the issue of formal notice sent by registered mail with acknowledgement of receipt that has remained without effect. The formal notice will indicate the failure(s) observed.
The Contract will be terminated by right in the event of cancellation of the service by the athlete. The Company will inform the Client of this by registered letter with acknowledgement of receipt and will refund the Client in full for the sums paid.

ARTICLE 7 – Image rights

The Client authorises the Company to reproduce and exploit its image (photographs and videos taken during the meeting with the athlete) for the promotion and communication of the Concept.
The Client undertakes not to take photographs or videos without the knowledge of the athlete during the performance.

ARTICLE 8 – Confidentiality and professional secrecy

Except in the context of communication actions carried out within the framework of the Contract, the Parties undertake to keep confidential, both during the performance of the Contract and after its termination, any information of any nature to which they may have access in the context of the performance hereof. They also undertake to ensure that this obligation is strictly respected by their staff and any subcontractors.
This obligation of confidentiality shall not apply to information, documents or material already available to the public at the time it is brought to the attention of the Parties or to documents of a nature to be disseminated to the public.

ARTICLE 9 – Liability – Force majeure

9.1 : Responsibility

Each Party shall be responsible for the consequences resulting from its faults, errors or omissions, as well as from the faults, errors or omissions of its possible Subcontractors which cause direct prejudice to the other Party.
Furthermore, in the event of the Company’s fault proven by the Client, the Company shall only be liable for compensation for the pecuniary consequences of the direct and foreseeable prejudice resulting directly from this fault, exclusively in relation to this Contract.
Consequently, under no circumstances shall the Company be liable for any indirect or unforeseeable loss or prejudice of the Client or third parties, including in particular any financial loss, commercial prejudice, loss of turnover or profit, loss of clientele, loss of opportunity, in relation to or arising from the non-performance or faulty performance of the Contract.
In all cases, the amount of the Company’s liability is strictly limited to the reimbursement of the amount of the sums actually borne by the Client on the date of occurrence of the action giving rise to liability.

9.2 : Force majeure

Neither of the Parties may be held liable for any failure whatsoever to fulfil its obligations under the Contract, if such failure results from a government decision, including any withdrawal or suspension of authorisations of any kind, a total or partial strike, whether internal or external to the company, a fire, a natural disaster, a state of war, a state of pandemic forcing lockdown or more generally any other event of force majeure with the characteristics defined by case law.
The Party which observes such an event must inform the other Party without delay of its inability to perform. The suspension of obligations or delay in execution may under no circumstances be a cause for liability for non-performance of the obligation in question, nor induce the payment of compensation or penalties for delay.

ARTICLE 10 – Protection of personal data

In application of the law 78-17 of 6 January 1978 amended by law n°2018-493 dated 20 June 2018, it is specified that the personal data requested from the Client is notably required for processing their order and the preparation of invoices. This data may be communicated to any partners of the Company responsible for the execution, processing, management and payment of orders. The processing of information communicated via the Company’s website complies with legal requirements in terms of personal data protection and the information system used ensures optimal protection of this data. In accordance with the national and European regulations in force, the Client has a permanent right of access, modification, rectification, opposition to portability and limitation of processing with regards to the information concerning them. This right may be exercised by writing, by post, subject to providing proof of identity, to: STAR’TING BLOCKS, 1 rue de la République 34540 BALARUC LE VIEUX

ARTICLE 11 – Intellectual property

The content of the Company’s website is the property of the Company and its partners and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an offence of counterfeit.

ARTICLE 12 – Unpredictability

12.1: Each Party is bound to perform its contractual obligations even if circumstances make performance more onerous than could reasonably have been foreseen at the time of conclusion of the Contract.
12.2: Without prejudice to paragraph 1 of this clause, and in accordance with Article 1195 of the Civil Code, where a Party establishes that:

  • the performance of its contractual obligations has become excessively onerous as a result of an event beyond its control and which could not reasonably have been foreseen at the time of the conclusion of the Contract, and;
  • that Party could not reasonably avoid or overcome that event or its effects;

the Parties undertake, within a reasonable period of time after this clause has been invoked, to negotiate new contractual conditions which reasonably take into account the consequences of the said event. The agreement between the parties will be formalised in writing.
12.3: In the event of refusal or failure of the renegotiation, the Parties may agree to terminate the Contract, on the date and under the conditions that they determine, and request by mutual agreement the judge to proceed with adaptation of the Contract. In the absence of agreement within a reasonable period of time, the judge may, at the request of a Party, revise or terminate the Contract, at the date and on the conditions he or she duly sets.

ARTICLE 13 – Pre-contractual information – Acceptance by the Client

The Client acknowledges having been informed, prior to placing the order and concluding the contract, in a legible and comprehensible manner, of these General Conditions of Sale and of all the information listed in article L. 221-5 of the Consumer Code, notably:

  • the essential characteristics of the service;
  • the price of the Services and any related costs;
  • in the absence of immediate performance of the contract, the date or period within which the Service Provider undertakes to provide the Services ordered;
  • information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if not apparent from the context;
  • information on legal and contractual guarantees and how to implement them;
  • the functions of any digital content and, where appropriate, its interoperability;
  • the possibility of resorting to mediation in the event of a dispute.

The fact that a natural person (or legal entity) makes an immediate purchase or orders a service implies full and complete acceptance of the General Conditions of Sale and subsequent obligation to pay for the services ordered, which is expressly recognised by the Client, who waives, in particular, the right to prevail of any contradictory document, which would be unenforceable against the Company.

ARTICLE 14 – Mediation

The Client may, if it so wishes, in accordance with article L 616-1 of the Consumer Code, petition:
SAS MEDIATION
222 CHEMIN DE LA BERGERIE
01800 SAINT JEAN DE NIOST

ARTICLE 15 – Applicable law and litigation

The Contract is governed by French law.
In the event that one of the Parties sends the other Party a registered letter with acknowledgement of receipt stating a dispute or litigation concerning the performance of the Contract, the Parties agree to meet within fifteen (15) days of receipt of this letter in order to attempt to find an amicable solution to the said dispute or litigation.
If, at the end of a further period of fifteen (15) days from the end of the aforementioned fifteen (15) day period, the Parties are unable to agree on a compromise or solution, the dispute will then be submitted to the competent Courts in Montpellier.