Effective as of 06/28/2023
1 – Scope of application
These General Terms and Conditions of Sale (the “GTCS”) apply, without restriction or reservation, to all sales concluded between Lady S (the “Seller”) and consumers, natural persons over 18 years of age, acting for personal and private purposes (the “Customers”), wishing to access the online rehabilitation content offered on the https://ohmypery.com platform (the “Platform”) or to purchase the products offered on the Platform.
These GTC are permanently accessible from the Platform and can be consulted at any time.
The Seller and the Customer are individually or collectively referred to as the “Party” or the “Parties”.
The Customer declares and acknowledges that he/she has read these GTC prior to any confirmation of a First Subscription or the “OhMyPery la suite” program as defined in Articles 5 and 6 below or any purchase of Products on the Platform and accepts them unreservedly.
The Vendor reserves the right to adapt, modify or update the GTC at any time. In the event of adaptation, modification or updating of these GTC, the conditions in force are those accepted by the Customer at the time of confirmation of the First Subscription, the “OhMyPery la suite” program or the order confirmation.
Should any clause of these GTC be wholly or partially invalid or considered void, the validity of all or part of the other clauses shall not be affected.
The Platform and the Products, Services and Complementary Services it offers are open to all countries in the world that do not generally prohibit or regulate the provision of online rehabilitation content. In the event that the Platform or its Products or Services are in whole or in part prohibited or in violation of the Customer’s national law, it is the Customer’s responsibility to refrain from accessing them from this territory or from any other territory where they are also prohibited or deemed illegal.
2 – Information about the Seller
The Vendor is Lady S, a simplified joint stock company, whose registered office is located at 66 rue d’Aupérie, 33800 Bordeaux, France, registered under SIREN number 94924307500015.
The Seller is the owner of the French trademark Oh My Péry !
Intracommunity VAT number: 94924307500015
Contact email: contact@ohmypery.com
3 – Products offered on the Platform
The Seller offers, through the Platform, the sale of accessory and useful products within the framework of the Protocols (the “Products”).
By clicking on each Product on the Platform, the Customer can view its main characteristics, including specifications, illustrations and indications of dimensions or capacity. It is the Customer’s responsibility to familiarize himself/herself with these before placing an order.
The list of Products available for sale for delivery to the address indicated by the Customer may be modified by the Vendor at any time, without prejudice to orders in progress.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability.
The simple fact of adding a Product to the basket does not constitute validation of the order. A Product may become unavailable between the time it is added to the basket and the time the order is validated, in which case the Customer will be informed.
In the event that a Product is finally unavailable after the order has been validated, at the time of its preparation, the Customer will be informed as soon as possible before delivery and reimbursed for any Products ordered that are out of stock, without delay and at the latest within thirty (30) days of payment of the order. However, if the order has not yet been dispatched by the Vendor, the Customer will have the choice between a refund and substitution with one or more replacement Products. This replacement of Products will give rise to a refund from the Vendor or to an additional price to be paid by the Customer, depending on the price of the replacement Products in relation to the price of the replaced Products.
The Vendor may not be held liable for any prejudice in connection with the unavailability of one or more Products ordered by the Customer.
In the absence of proof to the contrary, the data recorded in the Vendor’s computer system constitutes proof of all transactions concluded with the Customer.
Products are offered for sale worldwide.
4 – Services offered on the Platform
Through the Platform, the Vendor offers the sale of online rehabilitation care protocols specific to each pathology and accessible through the First Subscription and the “OhMyPery la suite” program as defined in Articles 5 and 6 below (the “Protocols”).
The First Subscription as defined in Article 5 below and the “OhMyPery la suite” program as defined in Article 6 below give the Customer access to the following services (the “Services”):
The Customer will have access to a library of rehabilitation videos selected according to the chosen Protocol. These videos are intended to help the Customer in the process of recovering and/or maintaining physical well-being (the “Videos”). The Customer is responsible for the interpretation and appropriate use of the information provided in these Videos.
The Customer will also have access to written content in the form of articles and FAQs (the “Content”), on the Platform and in newsletters if the Customer expressly agrees to receive them.
Only during the first ten (10) weeks from the purchase of the First Subscription as defined in Article 5 below, the Customer will be actively accompanied by the Vendor who :
will offer a fifteen (15)-minute consultation at the start of the Protocol to ensure that the user is familiar with the Platform;
will set up a private exchange group on the social network of its choice, enabling personalized follow-up of the Customer;
will send sms and email reminders twice (2) a week to the Customer in order to propose the remaining Videos to be viewed if the Customer has agreed to this;
will offer a mid-course review to enable the customer to self-assess progress;
will invite him/her to participate in one (1) Zoom meeting per month led by qualified professionals. This meeting may include discussions, tips and interactive exercises.
(together the “Complementary Services”).
The Vendor reserves the right to modify, suspend or interrupt all or part of the Services and Complementary Services offered as part of the First Subscription and any other services offered as part of the “OhMyPery la suite” program. The Vendor will, however, ensure that such modifications do not empty the Protocols followed by Customers of all content.
5 – First subscription to the Platform
The First Subscription refers to the paid subscription to a specific Protocol chosen by the Customer and gives access to the Services detailed in Article 4 above for the entire duration of the First Subscription and to the Complementary Services for the first twenty (20) weeks from the date of purchase of the First Subscription.
The First Subscription is reserved for strictly private, personal and non-commercial use by the Customer. Under no circumstances may it be shared with third parties.
The price of the First Subscription is detailed on the Platform, in the “Prices” tab. This price includes all taxes. The Vendor reserves the right to modify this price at any time, it being understood that this modification will not be opposable to current First Subscriptions.
Every First Subscription is valid for twenty (20) weeks from the date of purchase by the Customer. It consists of :
an initial phase of active support lasting ten (10) weeks from the date of purchase, including the provision of Services and Complementary Services by the Vendor;
a complementary phase of ten (10) weeks at the end of the first phase of active support, comprising the provision of Services only, excluding Complementary Services.
6 – The “OhMyPery la suite” program
Once this period of twenty (20) weeks from the date of purchase of the First Subscription has elapsed, access to all the Services detailed in Article 4 above will no longer be available.
After the first ten (10) weeks from the purchase of the First Subscription, the Customer may decide to subscribe, without obligation, to the “OhMyPery la suite” program, under the conditions detailed below.
The “OhMyPery la suite” program is reserved for strictly private, personal and non-commercial use by the Customer. Under no circumstances may it be shared with third parties.
The “OhMyPery la suite” program will give access to the Services related to the Protocol chosen as part of the First Subscription as well as to one (1) Zoom meeting per month and to additional Videos and Contents.
The “OhMyPery la suite” program is purchased by confirming the information requested when registering for the First Subscription and choosing the appropriate payment method.
The monthly price of the “OhMyPery la suite” program is detailed on the Platform, in the “Prices” tab. It includes all taxes. It will be invoiced monthly to the Customer by the Seller. Payment is made automatically according to the payment method chosen by the Customer, who authorizes the Seller to deduct the amount corresponding to the “OhMyPery la suite” program from the payment method provided, unless cancelled, under the conditions detailed below.
The Vendor reserves the right to modify the monthly price of the “OhMyPery la suite” program at any time, subject to informing the Customer within a reasonable period of time, it being understood that this modification will not apply to the current monthly payment.
The Customer may cancel the “OhMyPery la suite” program at any time, without charge or penalty, by sending an e-mail to contact@ohmypery.com. Cancellation of the “OhMyPery la suite” program will take effect at the end of the current monthly billing period.
The “OhMyPery la suite” program is automatically renewed each month, unless the Customer cancels in accordance with the paragraph above. The price of the “OhMyPery la suite” program will be automatically debited from the Customer’s chosen payment method.
7 – Online appointment booking
In addition to the above-mentioned Products, Services and Complementary Services, the Vendor offers Customers the possibility of making online appointments for videoconference consultations with a qualified physiotherapist (the “Consultation”). The purpose of the Consultation is to provide personalized advice and recommendations tailored to each Customer’s situation.
In order to book a videoconference Consultation, the Customer must select a date and time from among the available slots offered by the Vendor on the Platform and make an advance payment, the amount of which is detailed in the “Consultation” tab of the Platform, under the conditions of Article 11 of these GCS.
Once payment has been confirmed by the Seller, the Customer will receive an e-mail with detailed information on how to connect to his Online Consultation.
To cancel the Consultation, the Customer must send an e-mail to the following address: contact@ohmypery.com. In the event of cancellation of the Consultation by the Customer, a full refund will be made only if the Customer notifies the Vendor within forty-eight (48) hours of the appointment being made. No refund will be granted in the event of cancellation more than forty-eight (48) hours after the appointment was made, or in the event of the Customer’s non-participation in the Consultation, except in the event of duly justified force majeure, under the conditions of Article 17 of these GCS.
Videoconference Consultations are provided for information purposes only and are not a substitute for a face-to-face medical consultation. The advice given during these Consultations is based on information provided by the Customer and should not be considered as a medical diagnosis.
8 – Customer account
To place an order for Products, reserve a Consultation or subscribe to a First Subscription or to the “OhMyPery la suite” program in order to access the Services and Complementary Services offered on the Platform, the Customer must be a natural person and have the status of a consumer within the meaning of French law, aged over eighteen (18) or in possession of parental authorization, and have full legal capacity to contract.
Before being able to place orders for Products or to subscribe to a First Subscription or to the “OhMyPery la suite” program in order to access the Services and Complementary Services offered on the Platform, the Customer must create an account on the Platform (the “Account”).
The Account is strictly reserved for the use of the Customer and may not be used by any other person.
The Customer may request the deletion of his Account by sending an e-mail to: contact@ohmypery.com. This deletion will take effect immediately and the Customer will be informed.
In the event of non-compliance with the obligations arising from acceptance of these GTC, payment incidents, misleading information when creating an Account or acts likely to harm the interests of the Vendor, the Vendor reserves the right to suspend the Customer’s access to the Platform or, depending on the seriousness of the acts, to delete the Customer’s Account.
Furthermore, if the Customer’s Account is inactive for a period of two (2) years, the Vendor will automatically delete it.
9 – Ordering Products by the Customer
Once the Account has been created, the Customer has access to the Products offered for sale.
The Customer will find all the Products selected in his basket.
To finalize the order, the Customer must validate the basket and fill in the form proposed at the time of the order for delivery purposes.
Once the order has been validated, a summary with the order number, Products and quantities ordered, and the total amount of the order will be sent by email or accessible in the Customer’s Account.
If the Customer wishes to modify his/her order for Products after it has been validated, he/she should send an e-mail to the following address: contact@ohmypery.com
The Vendor may take this request into account, depending on the progress of the preparation of the Product order, but cannot guarantee the Customer that the order modification will be taken into account.
10 – Product prices and delivery charges
Product prices may be modified at any time by the Vendor. The prices invoiced are those in force at the time the order is validated by the Customer.
Prices are given in euros (€) and include all taxes but exclude delivery costs.
Before validating the order, the Customer is informed of the delivery charges for the Products that he/she will have to pay.
11 – Terms of payment for Products, Consultations, First Subscription and the “OhMyPery la suite” program
All orders for Products, payments for Consultations, subscriptions to First Subscription and the “OhMyPery la suite” program are payable in euros (€).
Payments on the Platform can be made by credit card (CB, Visa, MasterCard, American Express) via the Stripe secure payment platform or by Paypal, according to the terms and conditions detailed on the Platform.
Under no circumstances will the Platform or the Seller have access to the Customer’s bank details.
Any transaction fees shall be borne by the Customer.
The Customer warrants to the Vendor that he/she is fully authorized to use the chosen means of payment.
It is the customer’s responsibility to register his payment certificate if he wishes to keep the bank details relating to his transaction.
The price of Products and Consultations is payable in cash by the Customer, in full (i) on the day the order for Products is placed or (ii) on the day the Consultation is booked, as the case may be.
For the First Subscription, the price is payable, at the Customer’s option, in cash or in several monthly instalments, under the conditions of Article 12 of these GCS and according to the terms detailed on the Platform.
The “OhMyPery la suite” program will be paid for by the Customer, on a monthly basis, in accordance with the conditions detailed in Article 6 of these General Terms and Conditions.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the Platform.
Payments made by the Customer will not be considered final until the Vendor has received the sums due. The Vendor shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the above conditions.
12 – Possibility of paying the First Subscription in instalments and non-payment or late payment
The Platform offers the possibility of paying the First Subscription in instalments. Payment terms and schedules will be clearly indicated prior to subscription of the First Subscription.
In the event of non-payment of a monthly instalment, the Vendor reserves the right to suspend access to the Services and Complementary Services concerned until payment has been regularized. The Customer will be notified by e-mail of the non-payment and of the possible suspension.
The Customer has a period of time specified in the notification to regularize the payment by submitting the missing payment. Once payment has been received, access to the Services and Additional Services, if any, will be restored.
In the event of prolonged non-payment without regularization by the Customer, the Vendor reserves the right to terminate the First Subscription without notice and to take the necessary measures to recover unpaid sums, including through legal proceedings.
Prior to any suspension or termination of the First Subscription due to non-payment, the Vendor will endeavor to inform the Customer by e-mail of the consequences of such non-payment, in order to give the Customer the opportunity to rectify the situation.
The Vendor reserves the right to modify the terms of payment of the First Subscription in instalments, including the payment schedules and any associated charges. Any modification will be communicated to the Customer in advance, within a reasonable period of time before its effective application.
13 – Right of withdrawal
a) Right of withdrawal for Products offered on the Platform and Product returns
In accordance with article L.221-18 of the French Consumer Code, the Customer has a withdrawal period of fourteen (14) calendar days from the date of delivery of the Products, within the limits of article L.221-28 of the same code. If the withdrawal period expires on a Saturday, Sunday or public holiday, the period is extended to the next working day.
To exercise this right of withdrawal, the Customer may send a request by e-mail to contact@ohmypery.com, enclosing the duly completed form shown in the appendix. They may also send their request in another form, signed, dated and unambiguously expressing their wish to withdraw.
Customers wishing to exercise their right of withdrawal must return the Product(s) delivered no later than fourteen (14) calendar days after sending their request for withdrawal, in their original packaging, complete and new, to the address indicated by the Vendor upon receipt of the withdrawal request by e-mail.
The cost of returning the Products shall be borne by the Customer.
The amount corresponding to the purchase of the Product(s) having been retracted by the Customer is reimbursed, using the same means of payment as that used for the initial purchase, unless the Customer expressly agrees to another means of reimbursement, within a maximum period of fourteen (14) days from receipt by the Vendor of the returned Product(s).
In accordance with article L.221-28 of the French Consumer Code, certain products are excluded from the legal withdrawal period. Thus, the right of withdrawal cannot be exercised for Products which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
b) Right of withdrawal for the First Subscription and the “OhMyPery la suite” program offered on the Platform
As a matter of principle and in accordance with article L.221-18 of the French Consumer Code, the Customer has the right to cancel his or her purchase within fourteen (14) days from the date of subscription to the First Subscription or from the date of the first “OhMyPery la suite” program, without having to provide a reason.
To exercise this right of withdrawal, the Customer may send a request by e-mail to contact@ohmypery.com, enclosing the duly completed form shown in the appendix. They may also send their request in another form, signed, dated and unambiguously expressing their wish to withdraw.
If the Customer exercises his/her right of withdrawal within the specified period, the Vendor will reimburse all sums paid for the First Subscription or the first month of the “OhMyPery la suite” program within a maximum period of fourteen (14) days from receipt of the notification of withdrawal. Reimbursement will be made using the same means of payment as that used for the initial purchase, unless the Customer expressly agrees to another means of reimbursement.
As an exception to the foregoing, by paying the price of the First Subscription or the “OhMyPery la suite” program, the Customer agrees to trigger the immediate provision of the Services, Videos and digital Content present on the Platform by checking the box dedicated to this purpose informing him of the waiver of his right of withdrawal on the First Subscription and the “OhMyPery la suite” program subscribed to and allowing his express consent to be obtained.
In accordance with the legal exceptions provided for in article L. 221-28 13° of the French Consumer Code, the Customer unreservedly accepts these General Terms and Conditions of Sale and expressly waives the right of withdrawal by paying the price of the First Subscription or the “OhMyPery la suite” program.
14 – Damaged or missing products
The Customer must check the condition of the Products delivered. The Customer shall refuse delivery of the package if there is any visible damage, or shall immediately notify the delivery agent of any visible damage before opening the package.
The Customer must formulate any reservations or claims for non-conformitý or apparent defect of the Products delivered, in particular in the case of damaged or missing Products, within five (5) days of delivery of the Products, with all related supporting documents. To do so, the Customer must send one or more photographs justifying the reservations or claims to the following email address: contact@ohmypery.com
The Vendor reserves the right to ask the Customer to complete the list of supporting documents.
In the event of apparent defect or proven non-conformity of the Products delivered, the Customer will have the choice between replacement of the Product(s) at the Vendor’s expense, within the limit of available stocks, or reimbursement. In the event of stock shortage, and provided that the order has already been paid for, the Customer will be reimbursed for the amount corresponding to the Product(s) concerned, by crediting the amount to be reimbursed to the bank account used to pay for the order.
The aforementioned right of complaint is applicable without prejudice to the Customer’s right of withdrawal under the conditions of the present GTC, the existence of the legal guarantee of conformity and the guarantee against hidden defects.
15 – Legal warranties
The Seller is liable for defects in conformity of the Products sold on the Platform. The Products are covered by the legal warranty for hidden defects in accordance with articles 1641 et seq. of the French Civil Code. The Customer also benefits from the guarantee of conformity in accordance with articles L.217-4 to L.217-14 and L.411-1 of the French Consumer Code.
The customer has a period of two (2) years from the discovery of the defect for the warranty against hidden defects and two (2) years from delivery of the goods for the warranty of conformity.
16 – Liability
The Seller shall not be held liable for any delay in delivery of the Products.
The Customer acknowledges and accepts that the risks relating to the Product(s) are transferred to him/her on the date of delivery.
The Seller makes every effort to ensure the availability and quality of its Services, Complementary Services and Consultations on the Platform, but cannot be held responsible for interruptions, delays or technical errors beyond its control.
The Vendor may be held liable for direct damage, including personal injury, suffered as a result of the use of the Products, Services, Additional Services and information provided during Consultations, if such damage is the result of a fault on the part of the Vendor.
The Vendor may not be held liable in the event that the non-performance of its obligations is attributable to a fault of the Customer, or to the occurrence of an event of force majeure, as indicated in Article 17 of these GTS.
The Vendor shall not be held liable for any damage caused by use of the Products ordered that does not comply with the instructions for use.
Use of the Services, Complementary Services, Videos, Content and participation in Zoom meetings and Consultations is at the Customer’s own risk. It is the Customer’s responsibility to verify, prior to any use of the First Subscription or the subscribed “OhMyPery la suite” program, the conformity and suitability of the Protocol and exercises proposed in the Videos to his/her needs, and to adapt them if necessary, including seeking the advice of a health professional if necessary. The Vendor accepts no responsibility for any injury, loss or damage resulting from the Customer’s use of the Platform. The Vendor recommends consulting a health professional in order to establish a complete check-up before starting any Protocol and using the Services and Complementary Services offered by the Platform.
No refunds will be made after the purchase of the First Subscription or the “OhMyPery la suite” program, except in the event of major non-conformity of the Services and Complementary Services provided. If the Customer believes that there is a major non-conformity, he/she will contact the Seller by e-mail at contact@ohmypery.com as soon as possible in order to resolve the problem.
17 – Force majeure
In the event of the occurrence of an event considered to be force majeure within the meaning of article 1218 of the French Civil Code, any Party shall not be liable for any delay in the performance or total or partial non-performance of its obligations under these GCS.
In addition to those usually accepted by the jurisprudence of French courts and tribunals, the following are considered to be cases of force majeure: blockage of means of transport or of La Poste, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the Customer.
In the event that this force majeure event continues for more than two (2) months, the Parties will be released from their obligations to each other. Where applicable, the Vendor will reimburse the Customer as soon as possible for orders that have been paid for but could not be delivered.
However, no refund of the First Subscription or of the monthly instalment of the current “OhMyPery la suite” program will be made.
18 – Protection of personal data
The Vendor respects the Customer’s privacy and the protection of the information transmitted to it, and complies with current legislation on the protection of privacy.
The Vendor will collect the personal data necessary for the Customer to create an Account and validate an order or Consultation or subscribe to a First Subscription or the “OhMyPery la suite” program, the legal basis of which is their necessity for the performance of the contract to which the Customer is a party.
The Vendor may also use the Customer’s contact details for commercial prospecting purposes, in its legitimate interest, in order to send the Customer information on products and offers proposed by the Vendor and likely to be of interest to the Customer.
Customer data may be transmitted to the Vendor’s external service providers and consultants acting on its behalf. No data will be transferred outside the European Union.
This data will be kept for as long as the Customer’s Account is active and may be used for commercial purposes for a period of two (2) years from the last activity on the Customer’s Account.
Certain data may be kept in intermediate archives beyond this period, for the duration of applicable prescriptions, on the basis of the Seller’s legitimate interest in managing any disputes, or if the Seller is subject to legal data retention obligations.
In accordance with the applicable regulations, the Customer may at any time assert a right of access, rectification, deletion, limitation of processing, opposition, or portability of his personal data. To do so, the Customer should send an e-mail to contact@ohmypery.com
The customer may also lodge a complaint with the Commission Nationale de l’Informatique et des Libertés (CNIL), whose head office is at 3 Place de Fontenoy – 75007 Paris, if he considers that the processing of personal data does not comply with the applicable regulations.
19 – Mediation
Any dispute not amicably resolved in the context of a claim may be referred to the mediator.
The customer does not incur any costs in connection with any referral to a mediator.
Any dispute relating to the sale of a Product or the provision of a Service, Complementary Service or Consultation may be referred to the mediator, subject to compliance with the conditions for admissibility of the customer’s case.
The European Commission has set up a dispute resolution platform to collect any complaints from consumers following an online purchase, and then pass them on to the relevant national ombudsmen. This platform can be accessed via the following link: http: //ec.europa.eu/consumers/odr/
If mediation fails, either Party may refer the matter to the competent court indicated below.
20 – Applicable law and jurisdiction clause
These GTC are governed by French law. Any translation of these GTC into a language other than French is provided for information purposes only. In the event of any discrepancy between the French version and another translated version, the French version shall prevail.
Any dispute relating to the performance or interpretation of these GCS shall be submitted to the courts having material and territorial jurisdiction in accordance with common law. In accordance with article R.631-3 of the French Consumer Code, the Customer may bring the matter either before one of the courts having territorial jurisdiction under the French Code of Civil Procedure, or before the court having jurisdiction in the place where the Customer resided at the time of validation of the order, the First Subscription, the “OhMyPery la suite” program or the occurrence of the harmful event.