General Terms and Conditions - StrongFirst France

General terms and conditions (GTC)

Article 1 : Identification of the Vendor/Provider. Contractual object and agreement formalism of the general terms and conditions

Vendor/Provider is :

Zanshin Athletics

17 Rue Dumont d’Urville

75116 PARIS

France

RCS Paris 825 069 974

The present GTC govern the contractual relationship between Zanshin Athletics (ZA) and any customer purchasing the services and goods that ZA provides, i.e :

the service of education and of skill training or the service of certification in methods of physical activity or culture or the service of organisation of competition, challenge, or contest (hereafter the « Service(s) ») provided at given date or period of time;
the products sold (hereafter the « Product(s)»)

through its website www.strongfirst.fr.

By ticking the box « I declare to have fully read, understood, and accepted the General Terms and Conditions » and by clicking on « Proceed to check-out », the customer, for himself and on behalf of the attendee to a Service event or of the recipient of the Product :

certifies the accuracy of the information he discloses to Zanshin Athletics who shall not be liable for any verification whatsoever;
confirms to have read, understood, and unconditionally agreed to the present General Terms and Conditions (GTC).

GTC applicable to Services and Products

Article 2 : Governing Law and Jurisdiction

Services or Products orders are governed by French Law. The contractual information is given in French and the Services and Products offered are compliant with French Law. If need be, foreign customers shall check with their authorities if the Services or Products they consider purchasing are compliant to the rules that are applicable to them or, regarding the Products, to the rules of their country of residence or of delivery. ZA shall not be liable for any violation of any Foreign Country Law in the country where the Product is delivered, or in case of violation by customer of a Foreign Country Law in the country where the Service is provided or of the Foreign Country Law of the country the customer is citizen or resident of. In case of dispute, French Courts will have exclusive jurisdiction.

Article 3 : Order and agreement to the GTC

The customer agrees to the present GTC before he proceeds to payment. Zanshin Athletics confirms the order by email. This confirmation contains the details of the order. The data recorded by Zanshin Athletics are exclusive proof of the nature, of the details and of the date when the order has been placed.

Article 4 : Price of the Services and Products

The website www.strongfirst.fr provides prices in euros. The amount of VAT, as well as other taxes, if applicable, is detailed upon selection by the customer of the various Products or Services. Zanshin Athletics reserves the right to modify the prices of its Services and/or Products at any time. Services and Products are invoiced at the price current when the order is being placed.

Article 5 : Payment

The customer may pay :

By Credit Card (the order placed on the website will only be effective when the payment is validated by the banking network)
By PayPal (the order placed on the website will only be effective when the payment is validated by the PayPal network)
By wire transfer to the bank account of “SAS Zanshin Athletics” – IBAN FR76 1020 7000 3622 2195 1081 581 (the order placed on the website shall only be effective when the payment appears on Zanshin Athletics bank account)
By cashier check (the order placed on the website will only be effective when cashier check is verified by the banking network)

The website www.strongfirst.fr does not collect and does not record any data other than needed for the registration process to a Service event or for Products selection on the website. The online payment process is exclusively operated by fully secured websites that are unrelated to the www.strongfirst.fr website and are exclusively liable for the collection and the encryption of the banking details. Upon receipt of the order, the customer shall in all cases receive a detail of his order and an invoice by email. In case of failure of the payment process, Zanshin Athletics reserves the right to cancel the Service(s) or Product(s) order and cancel the registration or the shipping. If appropriate, the customer is contacted by email or by phone as soon as possible.

Article 6 : Data privacy

The nominative information provided by the customer shall not be disclosed to third parties. Unless express customer’s objection, it is integrated to the customers file of Zanshin Athletics. In Accordance with the law n°78-17 of January 6th, 1978, the customer has a right of access and of modification. To exercise his right, the customer can contact the company by email at info@strongfirst.fr.

GTC applicables to Services orders :

Article 7 : Minimum Customer’s age

Each customer or attendee must be at least 18 year-old when the order is placed or, if the order concerns a Service event, when the Service event begins. Attendees under 18 year-old may attend only if they hold a special authorisation duly signed by a parent or by a legal guardian. A legal guardian must also sign the liability waiver and the release form regarding the video and photo caption during the Service event. The said form will be sent prior to the Service event and the attendee shall hand it to Zanshin before the beginning of the Service.

Article 8 : State of health and physical condition

Prior to the Service event, the customer shall undergo a medical examination and retreive a medical certificate stating that the customer has no clinical condition contraindicating the practice of intensive physical exercise requiring significant effort from cardio-vascular, respiratory, and musculo-skeletal systems. Prior to the beginning of the Service event, the customer will remit the said certificate (which has to be current at the date where the Service event takes place) to the representatives of Zanshin Athletics, to be added to the customers file. By agreeing to the present General Terms and Conditions, the customer expressely states to be aware of the risks and to be endorsing full responsibility, with no possible recourse or legal action whatsoever against Zanshin Athletics in case of injury or of worsening of the state of health and/or of physical condition that would occur during the Service event or consecutively to the Service event.

Article 9 : Customer’s Statement issued on honour

By registering for a Service event, the customer states on honour the accuracy and the veracity of the information disclosed to Zanshin Athletics, especially regarding the customer’s age. Zanshin Athletics shall not be liable for any injury or for worsening of the state of health and/or of physical condition that the customer would suffer during the Service event or consecutively to the Service event, especially if the customer attends despite being under required age or fails to present the medical certificate stated in Article 8 or in contradiction with the counterindications referred to in the said certificate.

Article 10 : Training Manuals

Training manuals are handed over to the customers exclusively on the location of the Service event. Their aspect as well as their content is strictly protected by the copyright laws of the United States of America. Their French version handed over during a Service event taking place in France is protected by the copyright laws of France. Any kind of copy and/or of reproduction, including, but not limited to, scanning or digitalisation, is strictly forbidden.

Article 11 : Cancellation and postponement

Zanshin Athletics reserves the right to cancel and/or to postpone any Service for organizational, logistical, or administrative reason, or in case of an external event (force majeure) that makes the Service impossible or risks to significantly alter its quality should the Service take place (natural disaster, terrorist attack, etc). The customer whose inscription to the Service event has been validated shall be offered to (i) attend the same Service at a later date or (ii) to be refunded the amount paid to date. The customer will be informed of this offer by email. Both options will remain open up until 14 days after the cancelled Service. If the customer has not notified Zanshin Athletics of his/her choice before or within 14 days after the cancelled Service, his/her inscription will be considered as cancelled by the customer without justifiable reason. The inscription fees will then no longer be refundable. Zanshin Athletics shall not be liable for the further expenses incurred by the customer due to the cancellation or postponement of the Service event (i.e : travel expenses, accomodation, cancellation, or modification costs). Thus, Zanshin Athletics shall not bear said expenses.

Article 12 : Right of withdrawl : exclusion – Right of cancellation or postponement

No right of withdrawl shall be granted since the customer who places an order for a Service :

within the frame of his/her professional activity does not act as a consumer ;
outside the frame of his/her professional activity acts to benefit from a Service that is a recreational activity for him/her and that will be provided at a fixed date or period of time.

Therefore, the laws that rule the relationship between a professional and a consumer are not applicable to the order or are expressely excluded hereby.

Nonetheless, the customer may request the cancellation or the (single) postponement of his attendance to the Service event subject to the following conditions :

Certifications:

Right to cancellation: the customer shall be granted the cancellation of his/her registration for a seminar or a Certification (below, the event) subject to (i) having chosen the Standard Price while registering and paying the event, (ii) filing a request compliant with the modalities below no later than 45 days prior to the first day of the event and (iii) a cancellation franchise of 300€. If the cancellation is granted, the customer shall receive a refund of the amount paid to date minus the amount of the franchise. A cancellation request shall non be granted if the request is filed later than 45 days before the first day of the event, or if the price chosen and paid at the registration is not the Standard Price.
Right to a single postponement: the customer shall be granted a single postponement of his/her participation at the event subject to (i) filing a request compliant with the modalities below 30 days at the latest prior to the first day of the event and (ii) paying the report franchise of 300€. A postponement request filed less than 30 days prior to the first day of the event shall not be granted, except in the case of medical condition preventing the attendance to the event duly justified by a medical certificate. Outside the deadline compliance or the above mentioned case, no postponement will be granted. The right to a postponement shall only be exercised once. No cancellation or postponement shall be granted regarding the new event, except in the case of medical condition preventing the attendance to the event duly justified by a medical certificate. After the postponement, the customer’s spot at the new Certification will be considered as fully paid and, should the price of the Certification change, no difference will be due neither by Zanshin Athletics to the customer, nor by the customer to Zanshin Athletics.
Transfer to a third party: the customer may surrender his/her spot to a third party by filing a request 30 days at the latest prior to the date of the beginning of the Certification without transfer franchise, at the condition that his/her inscription to the Certification has been fully paid. A transfer to a third party request filed less than 30 days prior to the date of the beginning of the Certification will be subject for a administrative fee of 120 EUR.

Workshops:

Right to cancellation: no cancellation of the registration to a workshop may be granted.
Right to a single postponement: the customer shall be granted a single postponement of his/her participation at the workshop subject to filing a request compliant with the modalities below 20 days at the latest prior to the date of the workshop without postponement franchise. A postponement request filed less than 20 days prior to the date of the beginning of the Course shall not be granted, except in the case of a medical condition preventing the attendance to the workshop duly justified by a medical certificate. Outside the deadline compliance or the above mentioned case, no postponement will be granted. The right to a postponement shall only be exercised once. No cancellation or postponement shall be granted regarding the new Course, except in case of medical condition.
Transfer to a third party: the customer may surrender his/her spot to a third party by filing a request 15 days at the latest prior to the date of the beginning of the Course without transfer franchise.

Open Day & ZA Challenge:

Right to cancellation: the customer shall be granted the cancellation of his/her registration for a Challenge subject to (i) filing a request compliant with the modalities below 30 days at the latest prior to the date of the beginning of the Challenge and (ii) a cancellation franchise of 10 EUR (VAT not included). If the cancellation is granted, the customer shall receive a refund of the amount paid to date minus the amount of the franchise. A cancellation request filed less than 30 days prior to the date of the beginning of the Challenge shall not be granted, except in the cases of (i) medical condition preventing the attendance to the Challenge duly justified by a medical certificate or (ii) death of a family member duly justified. Outside the deadline compliance or the above mentioned cases, no cancellation will be granted.
Postponement and transfer to a third party: due to the “event” caracter of the ZA KB Challenge, no postponement or transfer to a third party option will be available.

Any cancellation or postponement request must be sent by email at info@strongfirst.fr as follows :

the words, as the case may be, « Cancellation request », « Postponement request », or « Transfer request » must appear in the subject box of the email
the request shall mention (i) the related invoice number, (ii) the ground of the cancellation, postponement or transfer request (the justification shall be enclosed) and (iii) when applicable, the postponement date wished or the name and the email address of the person the spot is supposed ot be transferred to

Subject to compliance with these modalities and deadline, the customer shall receive a confirmation of cancellation and refund of the amount remaining after deduction of the cancellation franchise or of the single postponement to the specified Certification or Course or of the transfer of the customer’s spot at the Certification, Course, or Challenge to the specified person.

When applicable, the modalities of the refund will be determined by an agreement between the customer and Zanshin Athletics.

Zanshin Athletics shall not be liable for the further expenses incurred by the customer due to the cancellation, the postponement, or the transfer of the customer’s spot at the Service event (i.e : travel expenses, accomodation, cancellation or modification costs). Thus, Zanshin Athletics shall not bear said expenses.

GTC applicables to Products orders

Article 13 : Presentation of the products

The characteristics of the products are presented on the www.strongfirst.fr website. Photos are not part of the contractual scope. Zanshin Athletics shall not be liable for any mistake in the disclosed presentation or photos.

Article 14 : Duration of offer

The Products are offered within the limits of available stock. In case a Product would be ordered despite unavailable, the customer shall as soon as possible be informed by email that it is unavailable. The customer shall be fully repaid for the price he has effectively paid, including shipping costs.

Article 15 : Shipping

Unless expressly specified in the detailed presentation of the Product, the Products are shipped to any location in mainland France by COLISSIMO within a two business days period after the order has been processed. Outside mainland France, Products are shipped by COLISSIMO INTERNATIONAL within a two to five business days. Delivery times and shipping costs may vary according to the destination and the weight of the parcel. Should the customer be absent, a notice shall be left giving the time and location to withdraw the parcel.

The customer shall bear the shipping risks. In case of missing or damaged Product, the customer shall express his reservation on the delivery note and confirm by registered letter with acknowledgement of receipt or equivalent mailed to the shipping company and mail a copy to Zanshin Athletics.

Customer shall bear French VAT and shipping costs.

Article 16 : Money back warranty, withdrawal right

Shall a Product not meet customer’s expectations (in terms of size or quality) or, provided he has acted outside of his professional activity, shall he wish to withdraw, the customer may return the Product at his own expenses within a 14 days period after delivery by mailing a return request at info@strongfirst.fr following the modalities below :

Words « Return request» shall appear in the subject box of the mail
the request shall mention the invoice number and the reasons of the return request (exercise of the withdrawal right – for the consumer customer exclusively – or unsatisfying Product) ;
the customer shall precise if he wishes a refund or an exchange
If the case may be, the customer shall precise the repayment method (money transfer, credit on the credit card, credit on Paypal).

Subject to compliance with these modalities and deadline, the customer shall receive a confirmation of agreement to the refund or the exchange. He shall print the said confirmation and insert it in the return parcel. Without such confirmation, no exchange or repayment shall be performed.

Article 17 : Defective Product

Shall a Product be defective, Zanshin Athletics commits to replace it within the limits of availability. Shall the customer notice a default, he shall report it within a 48 hours period following the parcel delivery complying with the return request provided in article 16 above.

Article 18 : Return address – Condition of the returned Product and package – Repayment modalities.

The Product shall be return to the following address :

Zanshin Athletics – Boutique

38 rue de Bassano

75008 PARIS

France

Upon receipt of the parcel, Zanshin Athletics shall perform the requested exchange or repayment subject to (i) the Product being returned in its original package and (ii) except for defective Products duly reported compliant with article 17 above, the Product and original package being in perfect condition.

Upon receipt of the parcel, the customer shall receive an email confirming the repayment or the exchange. Repayment of the price and shipping costs paid by the customer on initial order shall be performed according to the method of the customer’s choice (money transfer, credit on the credit card, credit on Paypal). Shall the exchange be impossible for availability reasons, the customer shall be informed by email and receive a full refund of the price and shipping costs born on initial order.

Shipping costs for exchange shall be born by Zanshin Athletics.