GENERAL TERMS OF USE
This website (the "Site") and/or services, including any associated mobile applications (together: the "Service") and all offers and sales of items ("Items") through the site, belongs to Noëllie Little Voice and is operated by her (hereinafter also "the Seller", "me", "I", "my"). These general terms ("General Terms") define the conditions under which visitors or users (together: "users", "customers" or "you") may visit or use the site and/or services and purchase items.
By accessing or using the services, you agree to be bound by these terms. If you do not accept all the terms, you may not access the site or use the services. Please read these terms carefully before accessing my site or using the services or purchasing items. These terms explain who I am, how I sell my items, how you can cancel the contract, and what you can do if there is a problem.
You declare that you are of legal age and have the authority, right, and freedom to enter into a binding agreement based on these terms and to use the services and purchase items. If you are a minor, you must have the permission of your parents or legal guardian to use the services or purchase items.
GENERAL TERMS AND CONDITIONS OF SALE
Effective from 01/01/2023
SECTION 1 -Scope
These General Terms and Conditions of Sale (hereinafter "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale ("Products") by the Seller on the website www.noellielittlevoice.com.
The Products offered for sale on the site are as follows:
* Guided meditations in mp3 audio support, accompanied by a pdf guidebook for the boxes.
The main characteristics of the Products, including specifications, illustrations, and indications of the dimensions or capacity of the Products, are presented on the website www.noellielittlevoice.com, which the customer is required to review before placing an order. The choice and purchase of a Product are the sole responsibility of the Customer. Product offerings are subject to availability, as specified at the time of ordering.
These GTC are accessible at any time on the website www.noellielittlevoice.com and will prevail over any other document. The Customer declares that he/she has read these GTC and accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the website www.noellielittlevoice.com. Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller's contact information is as follows :
Noëllie Little Voice
Registration number : 523 972 784 00020
Email : noellie.little.voice@gmail.com
The Products presented on the website www.noellielittlevoice.com are offered for sale for the following territories: Worldwide (subject to payment in Euros): for mp3 and pdf files. Mainland France: for paper format products.
ARTICLE 2 -Price
The Products are provided at the rates in effect on the website www.noellielittlevoice.com, at the time of the order by the Seller. The prices are in Euros, including VAT. The prices take into account any discounts that may be granted by the Seller on the website www.noellielittlevoice.com.
These prices are firm and non-revisable during their validity period, but the Seller reserves the right, outside the validity period, to modify the prices at any time.
The prices do not include processing, shipping, transportation, and delivery fees, which are billed separately and calculated prior to placing the order, in the conditions indicated on the website.
The payment requested from the Client corresponds to the total amount of the purchase, including these fees. An invoice is established by the Seller and given to the Client upon delivery of the ordered paper format Products.
ARTICLE 3 -Orders
It is the responsibility of the Client to select the Products he wishes to order on
the website www.noellielittlevoice.com, according to the following terms :
For Guided General Meditations :
The client selects a product which he puts in his cart, a product that he can delete or modify before validating his order and accepting these general conditions of sale. He then enters his contact information or logs into his account. After validation of the information, the order will be considered final and payment will be required from the client according to the predetermined terms. Once payment is made, the client can download his file in mp3 format.
For Meditation Boxes :
The client selects the product which he puts in his cart, a product that he can delete or modify before validating his order and accepting these general conditions of sale. He then enters his contact information or logs into his account. After validation of the information, the order will be considered final and payment will be required from the client according to the predetermined terms. Once payment is made, the client can download his file in mp3 format and his accompanying booklet in pdf format.
For Personalized Guided Meditations :
The client contacts me by email and requests the personalized guided meditation he wants. After my confirmation, he can choose to make a bank transfer or a PayPal transfer. After payment validation, the order will be considered final. I will begin to create his meditation and send him his mp3 file within one week.
For Yearly Subscriptions to Personalized Guided Meditations :The client contacts me by email and indicates that he wishes to take out a one-year subscription to receive one personalized guided meditation per month (12 meditations including one free). After my confirmation, he can choose to make a bank transfer or a PayPal transfer. After payment validation, the order will be considered final. I will begin to create his meditations once a month for a period of one year and send him his first mp3 file within one week of his payment.
Product offers are valid as long as they are visible on the website, within the limits of available stock. The sale will only be considered valid after full payment of the price. It is the responsibility of the Client to verify the accuracy of the order and to immediately report any errors. Any order placed on the website www.noellielittlevoice.com constitutes the formation of a distance contract between the Client and the Seller.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to the payment of a previous order.
The Client can track the progress of his order on the website.
Any cancellation of the order by the Client will only be possible before the delivery of the Products (regardless of the provisions relating to the application or not of the legal right of withdrawal).
ARTICLE 3 Bis - Customer Area - Account
In order to place an order, the customer is invited to create an account (personal space). To do so, they must register by filling out the form provided at the time of their order and agree to provide sincere and accurate information regarding their personal information and contact details, including their email address.
The customer is responsible for keeping their information up to date. It is specified that they can modify their information by logging into their account.
To access their personal space and order history, the customer will need to identify themselves using their username and password which will be communicated to them after their registration and which are strictly personal. In this regard, the customer agrees not to disclose them. Otherwise, they will remain solely responsible for any use that may be made of them.
The customer can also request to unsubscribe by going to the dedicated page on their personal space or by sending an email to : noellie.little.voice@gmail.com. This will take effect within a reasonable time frame.
In the event of non-compliance with the general terms and conditions of sale and/or use, the website www.noellielittlevoice.com will have the possibility to suspend or even close a customer's account after a warning sent by electronic means that has remained without effect.
Any deletion of an account, regardless of the reason, will result in the complete deletion of all personal information of the customer.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance does not engage the responsibility of the Seller.
The creation of the account implies acceptance of these general terms and conditions of sale.
ARTICLE 4 -Payment Conditions
The price is paid by means of secure payment, according to the following methods :
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payment by credit card
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or payment by bank transfer to the Seller's bank account (whose details are communicated to the Client when placing the order).
The price is payable in cash by the Client, in full on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in the bank transactions carried out on the site www.noellielittlevoice.com.
Payments made by the Client will only be considered final after effective receipt by the Seller of the amounts due. The Seller will not be required to deliver the Products ordered by the Client if the latter does not pay him the full price under the above conditions.
SECTION 5 -Deliveries
Deliveries The Products ordered by the Client will be delivered in mainland France.
Les livraisons interviennent dans un délai :
- immediate for mp3 files and pdf files in my online shop
- one week for personalized guided meditations by email
- and following the time frame of the post office for written media (paper format) to the address indicated by the Client when placing the order on the site.
Delivery is constituted by the transfer to the Client of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go. The Seller undertakes to make its best efforts to deliver the products ordered by the Client within the deadlines specified above.
If the Products ordered have not been delivered within one month, the client cannot cancel his order after the indicative delivery date, for any reason other than force majeure or the fault of the Client, the sale may be resolved at the written request of the Client under the conditions provided for in articles L 216-2, L 216-3, and L241-4 of the Consumer Code. The sums paid by the Client will then be refunded to him no later than fourteen days following the date of denunciation of the contract, to the exclusion of any compensation or retention.
In the event of a particular request by the Client regarding the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the associated costs will be subject to a specific additional invoice, on a quote previously accepted in writing by the Client. The Client is required to check the condition of the products delivered. He has a period of 48 hours, maximum time to notify me, from the delivery date to make complaints by email, accompanied by all supporting documents (in particular photos). After this period and failing to comply with these formalities, the Products will be deemed compliant and free from any apparent defect and no claim can be validly accepted by the Seller. The Seller will refund or replace, at his expense and as soon as possible, the Products delivered whose non-conformity defects or apparent or hidden defects have been duly proven by the Client, under the conditions provided for in articles L 217-4 and following of the Consumer Code and those provided for in these T&Cs.
The transfer of the risks of loss and deterioration related to it will only be carried out when the Client physically takes possession of the Products. The Products therefore travel at the risk and peril of the Seller unless the Client himself has chosen the carrier. In this capacity, risks are transferred at the time of delivery of the goods to the carrier.
SECTION 6 -Transfer of ownership
The transfer of ownership of the Seller's Products to the Client will only be made after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 -Right of withdrawal
In accordance with the provisions of Article L221-18 of the French Consumer Code, "For contracts providing for the regular delivery of goods for a defined period, the period shall run from receipt of the first goods." The right of withdrawal can be exercised online, using the withdrawal form to be requested from the Seller by email or through the contact tab, or by any other unambiguous statement expressing the intention to withdraw by email sent to the Seller at the email address indicated in ARTICLE 1 of the General Terms and Conditions. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable their resale in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete products will not be accepted for return. The cost of return will be borne by the Customer. The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer in the conditions provided for in this article.
ARTICLE 8 - Seller's Liability - Guarantees
The Products provided by the Seller benefit from :
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the legal warranty of conformity for defective, damaged or non-compliant Products,
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the legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the delivered products and rendering them unsuitable for use.
Provisions relating to legal guarantees Article L217-4 of the Consumer Code "The seller is required to deliver goods in conformity with the contract and is liable for defects of conformity existing at the time of delivery. The seller is also liable for defects of conformity resulting from packaging, assembly instructions, or installation when the latter was placed under the seller's responsibility by the contract or was carried out under his responsibility." Article L217-5 of the Consumer Code "The goods are in conformity with the contract: 1° If they are fit for the usual purpose of goods of the same type and, where applicable :
- if they correspond to the description given by the seller and have the qualities that the seller presented to the buyer in the form of a sample or model ;
- if they have the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or their representative, in particular in advertising or labeling ;
2° Or if they have the characteristics defined by mutual agreement between the parties or are fit for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter.
Article L217-12 of the Consumer Code.
« The action resulting from lack of conformity shall be barred after two years from the delivery of the goods. »
Article 1641 of the Civil Code.
« The seller is bound by the warranty on account of hidden defects in the thing sold that render it unfit for the use for which it is intended, or that so diminish that use that the buyer would not have acquired it, or would only have given a lesser price for it, had they known about them. »
Article 1648 paragraph 1 of the Civil Code.
« The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect. »
Article L217-16 of the Consumer Code.
« Where the buyer requests the seller, during the course of the commercial guarantee granted to them upon acquisition or repair of movable property, to make repairs covered by the guarantee, any period of immobilisation of at least seven days shall be added to the remaining duration of the guarantee. This period shall run from the date of the request for intervention by the buyer, or from the date of availability for repair of the property in question, if this is later than the request for intervention. »
In order to exercise their rights, the Customer must inform the Seller in writing (by email) of the non-conformity of the Products or the existence of hidden defects as soon as they discover them. The Seller will refund, replace, or repair the non-conforming or defective Products or parts under warranty. Shipping costs will be refunded based on the invoiced rate and return costs will be refunded upon presentation of receipts. Refunds, replacements, or repairs of non-conforming or defective Products will be made as soon as possible and at the latest within one month of the Seller's discovery of the lack of conformity or hidden defect. This refund may be made by bank transfer or cheque.
The Seller's liability cannot be engaged in the following cases :
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non-compliance with the laws of the country in which the products are delivered, which is the responsibility of the Customer to verify,
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in the event of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in the case of normal wear and tear of the Product, accident, or force majeure.
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The photographs and graphics presented on the website are not contractual and cannot engage the responsibility of the Seller.
The Seller's warranty is in any case limited to the replacement or refund of non-compliant or defective Products.
ARTICLE 9 -Personal data
The Customer is informed that the collection of their personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivering the Products. This personal data is collected only for the execution of the sales contract.
9.1 Collection of personal data
The personal data collected on the website www.noellielittlevoice.com is as follows :
Account creation When creating a Customer/User account : First name, last name, postal address, telephone number and email address.
Payment As part of payment for the Products offered on the website www.noellielittlevoice.com,
it records financial data related to the Customer/User's bank account or credit card.
9.2 Recipients of personal data
The personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the effectiveness of the sales and delivery of the Products.
The category(ies) of co-contractor(s) is (are) :
- Transport providers
- WIX platform
9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and as of May 25, 2018 of Regulation 2016/679 on the protection of personal data. The Customer can contact the data controller at their email address : noellie.little.voice@gmail.com.
9.4 Limitation of processing
Unless the Customer expressly agrees, their personal data is not used for advertising or marketing purposes.
9.5 Data retention period
The Seller will keep the data collected for a period of 5 years, covering the time of prescription of the applicable contractual civil liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software, and physical measures in terms of digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementation of the rights of Clients and users
In accordance with the regulations applicable to personal data, Clients and users of
the website www.noellielittlevoice.com have the following rights :
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They can update or delete their data as follows: by logging into their account and going to the account settings to delete it. By sending an email to request the deletion of their personal data.
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They can delete their account by writing to the email address indicated in Article 9.3 « Data Controller » .
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They can exercise their right of access to know the personal data concerning them by writing to the address indicated in Article 9.3 « Data Controller » .
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If the personal data held by the Seller is inaccurate, they can request the updating of the information by writing to the address indicated in Article 9.3 « Data Controller » .
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They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 « Data Controller » .
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They may also request the portability of the data held by the Seller to another service provider.
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Finally, they may object to the processing of their data by the Seller.
These rights, as long as they do not conflict with the purpose of the processing, can be exercised by sending a request by email to the Data Controller whose contact details are indicated above. The data controller must provide a response within a maximum of one month. In the event of a refusal to comply with the Client's request, it must be justified. The Client is informed that in the event of a refusal, they may file a complaint with the CNIL (3 Place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Client may be asked to check a box indicating that they accept receiving informative and advertising emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 -Intellectual property
The content of the website www.noellielittlevoice.com is owned by the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an act of counterfeiting.
ARTICLE 11 -Applicable Law - Language
These CGVs and the operations resulting from them are governed and subject to French law. These CGVs are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.
ARTICLE 12 -Disputes
For any claim, please contact customer service at the Seller's email address indicated in ARTICLE 1 of these T&Cs.
The Client is informed that they may in any case resort to conventional mediation, with existing sectoral mediation bodies or any other alternative dispute resolution method (such as conciliation) in the event of a dispute. In this case, the designated mediator is :
http://ec.europa.eu/consumers/odr/
All disputes arising from the purchase and sale transactions concluded under these T&Cs that have not been resolved amicably by the Seller or through mediation shall be submitted to the competent courts under the conditions of common law.