Ora-Visio is a website accessible at www.ora-visio.fr (the « Site »), operated by ORA, a limited liability company with share capital of 5,000 euros, whose registered office is located at 82, vielle route de la Gavotte, Les Pennes-Mirabeau (13170), registered with the Aix-en-Provence Trade and Companies Registry under identification number 515 375 400, and whose intracommunity VAT number is FR47515375400 (the « Site »).

On the Site, professionals within the meaning of consumer law (the « Provider ») offer their services, particularly in the fields of speech therapy, psychology or tutoring, to which any user of the Site who meets the eligibility conditions set out in article 1.1 below (the « Customer ») may subscribe.

The Service Provider provides its services in the context of online consultations (the « Appointment(s) »), the purpose of which is defined by the Service Provider on the Site.

These General Terms of Service apply, without restriction or reservation and to the exclusion of all other conditions, to the Service Provider’s Appointments. They are intended to govern the contractual relationship between the Service Provider and the Customer, it being specified that the Platform remains a third party to these General Terms and Conditions and their consequences.

The Customer acknowledges having the capacity required to contract and subscribe to Rendez-Vous. He/she declares that he/she has read these General Terms of Service and accepted them by ticking the appropriate box before completing the online subscription procedure.

 

Article 1 – Rendez-Vous

1.1. Eligibility for the Rendez-Vous online subscription service

The service of subscribing to Rendez-Vous on the Site is reserved for natural persons who have reached the age of 18 and who have full legal capacity.

1.2. Rendez-Vous features

The main characteristics of the Rendez-Vous, which the customer must familiarize himself with before subscribing, are presented on the Site. Any request by the Customer for additional services, not included, will be invoiced by the Service Provider and collected via the Site.

The photographs, videos and graphics that may be presented on the Site, in particular illustrating the Rendez-Vous, are not contractual and shall not incur the liability of the Service Provider.

Appointments can only be booked within the limits of the Service Provider’s availability as indicated on the Site.

Rendez-Vous are carried out exclusively online on the platform accessible at the following address: www.ora-visio.fr (the « Platform »).

In order to access the Platform, the Customer is required to equip himself, at his own expense, with a compatible tablet and/or computer, a headset with microphone, a webcam and a secure broadband Internet connection sufficient for an audio/video stream.

In addition, the Customer must download and install software or applications according to the instructions indicated on the Site, including Zoom software, which can be downloaded from the following address: https://zoom.us. The Partner cannot be held responsible for the installation and use of the software by the Customer.

In the event that the Platform is unavailable, the Customer hereby agrees to use the alternative solutions proposed by the Service Provider.

The Customer shall not require the Service Provider to make any special and/or specific preparations for the Appointment. Consequently, any elements communicated by the Customer prior to the Appointment via the Site will not necessarily be subject to in-depth study and/or analysis by the Service Provider.

1.3. Subscription terms

Customers wishing to book an Appointment must provide their first and last name, e-mail address, telephone number and postal address. He/she must first choose a date, place and time slot that suits him/her from among those marked as available on the Site.

The Customer is strongly advised to confirm with the Service Provider his availability for the chosen slot and date. If, by extraordinary circumstances, the Service Provider is not available on the dates or in the slots chosen by the Customer, despite any mention to the contrary on the Site, the Customer shall have the option of (i) agree an alternative date with the Service Provider, or (ii) request a refund of the sums paid for the subscription to the Rendez-Vous concerned. The Customer must notify his choice within 30 calendar days of the Service Provider’s notification of his unavailability via the internal messaging system on the Site. Once this period has elapsed, he/she cannot claim a refund of his/her subscription or a change of date or slot. In any event, the Customer shall not be entitled to claim compensation for any direct or indirect loss resulting from the Service Provider’s unavailability.

The subscription will not be considered final until confirmation of the corresponding payment has been sent to the Customer by e-mail. The Customer shall carefully keep said confirmation.

 

ARTICLE 2 – PRICES

The price of Rendez-Vous is shown on the Site. Prices are given in euros and include all taxes.

Prices include any discounts that may be granted. They are firm and non-revisable during their period of validity as indicated on the Site.

Depending on the specific nature of the customer’s request, an additional fee may be charged. The Service Provider will then agree with the Customer the terms of payment of this additional cost, which will necessarily be made on the Site.

An invoice is drawn up by the Service Provider and given to the Customer when the Rendez-Vous is booked.

 

ARTICLE 3 – TERMS OF PAYMENT

The price is payable in cash on the Site, by secure payment, as follows:

By credit card: Carte Bleue (CB), Visa, MasterCard.

Payments made by the Customer shall not be considered final until actual receipt of the sums due by the Service Provider.

Without prejudice to any damages, failure by the Customer to pay an amount when due shall automatically entail :

  • the application of a late payment penalty equal to three times the legal interest rate, without prior notice and from the first day of delay, plus additional bank and administration charges;
  • immediate payment of all sums owed to the Service Provider by the Customer, without prejudice to any other action that the Service Provider may take against the Customer in this respect.

In the event of non-compliance with the above payment conditions, the Service Provider also reserves the right to suspend or cancel the supply of services ordered by the Customer.

 

ARTICLE 4 – RIGHT OF WITHDRAWAL AND CANCELLATION

4.1. Right of withdrawal

The Customer is hereby informed that, in application of article L. 221-28 1° of the French Consumer Code, the supply of services fully executed before the end of the withdrawal period and whose execution has begun after prior express agreement by the consumer and express renunciation of his right of withdrawal, does not benefit from the 14-day right of withdrawal running from the conclusion of the contract as provided for in article L. 221-18 of the said code. Under these conditions, the Customer expressly waives the right of withdrawal for services that have been fully executed before the end of the said withdrawal period.

Apart from the hypothesis referred to in the previous paragraph and in accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of payment and confirmation of the subscription sent by the Service Provider to exercise his right of withdrawal from the latter, without having to justify his reasons or pay any penalty, for the purpose of exchange or reimbursement.

A retraction form is available at the end of these terms and conditions.

The Service Provider will make the refund within 14 days of receipt of the withdrawal form.

4.2. Cancellation

Without prejudice to the provisions of article 4.1 above, the Service Provider acknowledges the Customer’s right, subject to abuse, to modify or cancel his subscription under the following conditions:

  • up to and including the 48th hour before the start of the Rendez-Vous, in strict compliance with the procedure set out on the Site, without incurring any cancellation fees; and
  • from the 48th hour (inclusive) up to and including the start of the Appointment, subject to payment of a flat-rate cancellation fee equivalent to the Appointment subscription price paid by the Customer.

It is expressly agreed that in the event of the Customer being more than 10 minutes late for the Appointment in relation to the time agreed at the time of subscription, the Customer’s subscription will be deemed cancelled and the Customer will not be entitled to claim reimbursement of any sums paid.

 

ARTICLE 5 – APPLICABLE WARRANTIES

Pursuant to Article 15 of French Law 2004-575 of June 21, 2004, the Service Provider is fully liable to the Customer for the proper performance of its obligations hereunder, whether such obligations are to be performed by the Service Provider itself or by other service providers, without prejudice to the Service Provider’s right of recourse against such other service providers.

However, the Service Provider may be exonerated from all or part of its liability by proving that the non-performance or improper performance hereof is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party unrelated to the provision of the services hereunder, or to a case of force majeure.

 

ARTICLE 6 – INFORMATION TECHNOLOGY AND CIVIL LIBERTIES

In accordance with French law no. 78-17 of January 6, 1978, we remind you that the personal data requested from the customer is necessary for the processing of the subscription and, in particular, for the preparation of invoices.

This data may be communicated to any of the Service Provider’s partners responsible for the execution, processing, management and payment of appointments, including in particular the Company.

In accordance with current national and European regulations, the customer has a permanent right of access to modify, rectify and oppose any information concerning him/her.

The Customer may exercise these rights by writing to the following e-mail address: contact@ora-visio.fr or to the following postal address: ORA – 82, vielle route de la Gavotte à Les Pennes-Mirabeau (13170).

A reply to the Customer’s request will be sent within 30 days.

 

ARTICLE 7 – INTELLECTUAL PROPERTY

The content of the Site and Platform is the property of the Company and its partners. It is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

 

ARTICLE 8 – APPLICABLE LAW – LANGUAGE

These General Terms of Service and the operations arising from them are governed by and subject to French law.

In the event that these conditions are translated into one or more foreign languages, the French text shall prevail in the event of a dispute.

 

ARTICLE 9 – DISPUTES

In the event of a dispute concerning the validity, performance or interpretation of this Contract being brought before the civil courts, it will be subject to the exclusive jurisdiction of the courts of the French jurisdiction to which jurisdiction is expressly granted, even in the event of summary proceedings or multiple defendants.

The Customer is hereby informed that, in the event of a dispute, he/she may have recourse to conventional mediation or any other alternative dispute resolution method (conciliation, for example).

Pursuant to Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, customers are informed that they may consult the following page for further information on the steps to take in the event of a dispute:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.

 

ARTICLE 10 – PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE

The Customer acknowledges having been provided, prior to subscription, in a legible and comprehensible manner, with the present General Terms of Service and all the information and details referred to in articles L. 111-1 to L. 111-8 of the French Consumer Code, and in particular :

  • the essential features of Rendez-Vous ;
  • Rendez-Vous and related fees ;
  • information relating to the identity of the Service Provider, if not apparent from the context;
  • Information on legal and contractual warranties and how to make use of them;
  • the possibility of resorting to conventional mediation in the event of a dispute; and
  • information on the right of withdrawal.

The fact of subscribing on the Site implies full acceptance of these Terms and Conditions, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Service Provider.

 

 

Withdrawal form

Please complete and return this form only if you wish to withdraw from the contract.

For the attention of :

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the following services:

Subscribed on (*)/received on (*) :

Name of consumer(s) :

Address of consumer(s) :

Signature of consumer(s)

Date :

(*) Delete as appropriate.