1 - GENERAL:
These General Terms and Conditions of Sale (GTC) apply, without restriction or reservation, to all the services offered by "Emmanuel Carretero “, micro-enterprise named below “My well-being masseur” registered by Emmanuel Carretero under the number SIRET 83980781500023, and this, to all of its customers, whatever their status or quality. Consequently, the placing of an order by a customer for the performance of a service offered either at the massage room located at 7 rue Castillon 83000 Toulon, or by telephone at 06 82 38 24 79, or on the website www. .monmasseurbienetre.com entails the adhesion of the latter and their acceptance, without reservation, of these T&Cs except by special agreement previously agreed in writing between the parties. The sale will only be finalized after the express acceptance by any written means of the order by "Mon masseur bien-être".
"Mon masseur bien-être" reserves the right to modify these T&Cs at any time, it being specified that the modifications will only apply to orders placed following the entry into force of the said modifications.
Any document other than these T&Cs, in particular advertisements, prospectuses, flyers, etc., has only informative value of the activity offered by "Mon masseur bien-être" and is non-contractual.
2- DEFINITIONS:
The services offered are those that appear on the website “Mon masseur-bien-être”
and in the massage room, namely:
The services of Well-Being Massages at the session.
Gift cards for these same Wellness Massage services.
The reservation for these services of Well-Being Massages.
Massage workshops.
Gift cards for workshops.
The Client is the person who books a Well-Being Massage session or a Massage workshop. or who buys a gift card or a product from “Mon masseur-bien-être”.
The Beneficiary is the person who receives a “Mon masseur-bien-être” gift card.
3- CONDITIONS OF PERFORMANCE OF SERVICES:
Regarding Well-Being Massages:
The purpose of the activity of " My masseur-well-being " carried out by Emmanuel Carretero is exclusively the well-being of the person. In accordance with the legislation in force, the Well-Being Massages practiced by Emmanuel Carretero are in no way similar, neither in content nor in objective, to the practice of Masso-Kinesitherapy, as well as to any medical practice. These are manual techniques for well-being and relaxation only. Are also excluded from the activity of " Mon masseur-bien-être ", all services of an erotic or sexual nature.
" My well-being masseur " only intervenes by appointment at the fully equipped massage room located at 7 rue Castillon 83000 Toulon.
He can exceptionally travel within a radius of 20 km from the massage room to the client's home, in a professional environment, in a school or leisure environment, in health establishments (hospitals, clinics, retirement homes, etc.), or in all places open to the public (events, fairs, congresses, etc.)
The services are offered from Monday to Sunday according to the times indicated on the 'Contact' page of the website www.monmasseurbienetre.com. Emmanuel Carretero gives himself the right to modify the schedules at any time.
During Well-Being Massage sessions, " My well-being massager " provides the client with all the necessary professional equipment (massage table or chair, protective linen, towels, massage oils, accompanying music, hygienic products,…) and reserves the right to refuse a Wellness Massage session in the event of questionable hygiene on the part of the client.
The session begins with a questionnaire which will allow us to take stock of the client's condition and needs in order to determine the most suitable massage. A time will be left to the customer so that he can settle down. A disposable thong (male or female) will be offered in order to take full advantage of all the maneuvers performed. The customer may choose to keep his underwear but the oil may stain them...
After checking that the client is properly installed, the massage can begin. The comfort and modesty of the customer will be ensured by a set of sheets and towels.
At the end of the massage, time will be left for the client to come to his senses and get dressed. A point will be made on the mutual feeling and some advice will be given.
Sessions include pick-up, set-up, massage and end debrief.
Concerning the Massage workshops:
On going redaction
4 - CONTRAINDICATIONS TO WELL-BEING MASSAGES
When practiced by a qualified professional, Well-Being Massage is generally risk-free and rather beneficial. However, in case of illness or doubt, it is recommended that the client seek medical advice. Indeed, there are total, local or temporary contraindications to massage. Some treatments require precautions to be taken
by "My well-being masseur".
In any case, areas with varicose veins, burns, open wounds or any sign of inflammation or local infection will not be massaged.
Contraindications to massage:
– Feverish, infectious or contagious state
– Hemophilia
– Phlebitis: Formation of a blood clot in a vein. Symptoms: pain, heaviness, swelling of a limb.
– Severe high blood pressure if not treated effectively
– Acute pain, inflammation or injury
– Surgical operation less than 3 months old
- Pregnancy
A few precautions:
– Cancer, heart problems, any systemic, chronic or autoimmune disease: A written medical opinion specifying the precautions to be taken is mandatory.
– Allergy, anti-coagulant treatment and breastfeeding.
To ensure that his client is fit to receive a well-being massage, a questionnaire will be completed during the first session. The customer declares to inform "My well-being massager" beforehand of any changes in his state of health during the next appointments.
Consequently, "Mon masseur bien-être" reserves the right to refuse at any time, a client whose state of health is not compatible with the realization of a Well-Being Massage on his person without prior medical advice.
5- FINANCIAL CONDITIONS
The prices of the services offered are indicated in euros on the website www.monmasseurbienetre.com and at the massage room located at 7 rue Castillon 83000 Toulon.
" My well-being masseur " is not subject to Value Added Tax (VAT) in accordance with article 293B of the General Tax Code, the prices mentioned on the website and at the massage room are therefore indicated without VAT. In the event that " Mon masseur bien-être " would become subject to VAT, the prices displayed on the site will be readjusted accordingly and applicable to any order placed following the date of its subjection.
" Mon masseur bien-être " also reserves the right to modify its prices at any time, it being specified that the services will be invoiced on the basis of the prices in force at the time of booking the appointment.
6- MAKING APPOINTMENTS AND MODIFICATION OR CANCELLATION OF A RESERVATION
6-1- Making an appointment:
It is done on the website or by phone. All the contact details needed to make an appointment are available on the website www.monmasseurbienetre.com.
Online booking is only open for sessions at the massage room. For on-the-go sessions, reservations are made by telephone.
To book online, the booking form must be completed by following each step. The customer chooses the desired service, the duration and its availability. Depending on the defined criteria, time slots will be offered. Only slots available for the duration of this service are displayed.
“My wellness masseur » reserves the right to contact the client to change the time of the appointment if necessary.
The customer finalizes his reservation by indicating his contact details and payment information.
If the customer has a gift card or a promo code, he must enter the number in the 'Promo Code' field and must click on 'Apply the promo code' during the 'Payment' step.
The reservation will be considered validated only upon receipt of an SMS to the number indicated or a validation email sent by the email address: monmasseurbienetre@gmail.com. If the customer does not receive these confirmations within 48 hours, he is invited to contact “My well-being masseur” by telephone.
Whether for telephone or internet reservations, an email or SMS will be sent to the number indicated when booking 24 hours before the appointment summarizing the service, the time of the appointment and the address of the meeting room. massage and asking the client to confirm their presence.
The customer agrees to confirm his presence by replying to the text message as soon as possible.
In order to organize the schedule of the massage room, online booking is open for up to 1 day. open before. Last minute appointments will be made by phone only depending on the remaining availability.
6-2- Payment:
For reservations on the website, the total payment for the session is made directly online by credit card.
For reservations by telephone, if it is a customer already known, payment can be made at the massage room either by cash, check or credit card.
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6-3- The conditions for modifying and canceling a session:
The customer has the possibility of modifying his reservation free of charge up to 24 hours before the appointment by telephone. Any cancellation within 24 hours before the service will result in the non-reimbursement of the session which will be considered due.
The customer has the possibility of canceling his reservation up to 24 hours before the appointment either by telephone or by email. The total refund of the session will be made within 7 (seven) days maximum after the cancellation.
The service will be considered due if the client does not show up on the day of the session. No refunds will be made.
6-4- Management of delays:
Appointment booking by “My well-being masseur. is carried out in such a way that there is no delay. A time is planned between each massage which makes it possible to welcome the next client in the best possible conditions.
The customer is asked to arrive at the time indicated when making the appointment. If the client arrives early, the massage room may not be ready yet, if the client arrives late, the session may be shortened so as not to penalize the next client.
9- THE PURCHASE OF GIFT CARDS AND THE RESERVATION, MODIFICATION OR CANCELLATION OF THE RESERVATION BY THE BENEFICIARY
9-1- The purchase of gift cards
Gift cards can be purchased at the massage room or on the website www.monmasseurbienetre.com
The purchase of gift cards at the massage room is by appointment only. The customer has the choice among all the formulas present on the massage menu. A gift card in cardboard format in an envelope will be given to the customer. Payment will be made in cash, check or credit card.
The purchase of gift cards on the website is available 24 hours a day. To order, the customer chooses the gift card he wishes to offer, he chooses the format of receipt (either PDF format sent by email or cardboard format sent by La Poste)
If the customer chooses a gift card in PDF format:
the payment only by credit card will be offered.
Gift cards in PDF format are sent within 24 hours to the email address indicated when ordering.
If the customer chooses a gift card in cardboard format:
the payment only by credit card will be offered.
Gift cards in cardboard format accompanied by an envelope are sent directly to the delivery address indicated when ordering. The processing time is 72 hours + La Poste delivery time.
A withdrawal period of 14 working days from receipt of payment from the customer is provided without proof or penalty. To give rise to a refund, the original gift card must be returned by post within this 14-day period to the following address: Mon masseur bien-être 7 rue Castillon 83000 Toulon
"Mon masseur bien-être" will refund the sums paid by the customer within a maximum period of 30 (thirty) days from receipt of the original gift card.
9-2- Terms of gift cards:
All gift cards are numbered, personal and non-transferable. The expiry date is indicated on the gift card.
Unless otherwise stated, gift cards are valid for 1 year from the date of purchase. They do not give rise to any refund or extension of the period of validity, except in the event that I cannot provide the service or for medical reasons (on proof). Gift cards will not be replaced or refunded if lost or stolen.
All expired gift cards will be systematically declined.
9-3- Reservation, modification or cancellation of a reservation:
The reservation is made on the website or by telephone.
The customer has the possibility of modifying or canceling his reservation up to 24 hours before the appointment either by telephone or by email.
Any cancellation within 24 hours before the service will result in the non-refund of the gift card which will be considered due and the gift card will be lost. This clause is also valid if the client does not show up on the day of the session.
9-4- Management of delays:
Appointment booking by “My well-being masseur. is carried out in such a way that there is no delay. A time is planned between each massage which makes it possible to welcome the next client in the best possible conditions.
The customer is asked to arrive at the time indicated when making the appointment. If the client arrives early, the massage room may not be ready yet, if the client arrives late, the session may be shortened so as not to penalize the next client.
10- INCAPACITY FOR WORK
In the event of temporary physical incapacity, following illness or accident of Emmanuel Carretero, "Mon masseur bien-être" reserves the right to reschedule new dates of interventions in consultation with the client without the latter cannot be required to pay compensation. In the event of the practitioner's permanent physical incapacity, any type of contract or commitment with the clients of "Mon masseur bien-être" will be automatically terminated without it being possible to claim it from "Mon masseur bien-être". a compensatory allowance. Deposits received will be returned to the customer within a maximum period of 8 (eight) days following the termination of the contract.
11- APPLICABLE LAW AND COMPETENT JURISDICTION
These T&Cs are subject to French law. In the event of a dispute, the parties undertake to seek an amicable solution before any legal action. Failing this, any dispute arising with a customer having the quality of trader and which would be related to the interpretation, the execution or the validity of the present GCS will be subjected to the exclusive competence of the courts of Toulon. For all other customers, the provisions of the Code of Civil Procedure will apply.
12- INTELLECTUAL PROPERTY
Emmanuel Carretero is the holder of the intellectual property rights on all the elements present visible on the site www.monmasseurbienetre.com, in particular: texts, images, photos, graphics, logo. Emmanuel Carretero is also the owner of the intellectual property rights of the “Mon masseur bien-être” brand.
Any reproduction, representation, modification, publication, adaptation or exploitation of all or part of the brand "Mon masseur bien-être" or other elements of the site www.monmasseurbienetre.com is prohibited on any medium whatsoever and in any manner whatsoever. either except with a written agreement from Emmanuel Carretero.
The legal notices of the website www.monmasseurbienetre.com can be consulted at the address: https://www.monmasseurbienetre.com
13- PROFESSIONAL CIVIL LIABILITY
Emmanuel Carretero has taken out professional civil liability and operating risk insurance with a notorious company.
It is specified that the responsibility of Emmanuel Carretero cannot be held liable in the event of damage related to the negligence of a customer, in particular if he has not revealed to Emmanuel Carretero the existence of contraindications affecting him, whether during the maintenance of the first session aimed at alerting him to the applicable contraindications, or subsequent appointments in the event of changes in his personal state of health – See all contraindications in point 4.
Date of entry into force: 01.06.2018 – Last revision on 31.10.2020