TERMS AND CONDITIONS OF SALE DOMYOS COACH,
ON-DEMAND AND E-CONNECTED OFFER
The present terms and conditions of sale are drawn up exclusively between DECATHLON, Public Limited Company, located at 4 boulevard de Mons, 59650 Villeneuve d’Ascq, registered on thee Lille Métropole Trade and Company Register under No. 306 138 900 hereinafter named "DECATHLON" and any person purchasing the temporary access rights to fitness videos on the Domyos Coach Site and/or application, hereinafter named "Internet User".
The Domyos Coach site and Domyos On-Demand and Domyos e-connected applications, hereinafter named "the Site", are available at the following link: http://videos.domyos.co.uk/ and from Playstore or the Appstore.
Internet users must declare that they are adults, residents within France and possess the legal capacity to enter into a contract in order to purchase from the Site.
he use of "subscription and/or session purchases" from the Site denotes irrevocable acceptance without reservations of the present terms and conditions of sale on the part of Internet users in addition to acceptance of domyos.com site terms and conditions of sale available here.
The Domyos On-Demand service enables Internet users to purchase temporary access rights to video recordings of some fitness classes offered by the Domyos Club of Lille and/or of Marcq-en-Barœul (France).
The purchase of access rights can be provided per session or in the form of a monthly or annual subscription.
The list of on-demand sessions which can be viewed is defined on the Site. The list of sessions in addition to their content is subject to modification upon the discretion of "DECATHLON".
The Domyos E-connected service enables Internet users to benefit from training programmes from connectable products identified on the application.
To view videos, a connection to the User Geonautre Account is required.
In the case where Users already have this account, it is possible to log in.
In the case where Users do not have an account, they must create a Geonaute Account providing their email address, name, forename, sex, date of birth and a password and they must accept the terms and conditions of sale governing use of the Geonaute Account available here
The applicable prices are those which are provided on the site at the time of purchasing the session or subscription. They vary based upon the option selected (per session (for the ON-DEMAND offer, monthly or annually for ON-DEMAND and ECONNECTED offers) and include all taxes. VAT is applied based upon the rate in force at the time of purchase and a summary is available before approving the purchase.
Subscriptions (monthly or annually) are renewed by tacit agreement. If you do not wish your subscription to be renewed, please follow one of the procedures provided below:
- Google play: https://support.google.com/googleplay/answer/2476088?hl=en
- Apple store: https://support.apple.com/en-us/HT202039
Users can make purchases using secure Paypal, google play and apple store services (Paypal cannot be used to make payment on the E-connected application). The Site guarantees safe payment when using debit cards with the SSL (Secure Socket Layer) protocol cryptographic system.
The secure and preventive PayPal tools are amongst the best on the market. All data which features on your PayPal account is encrypted. Any email correspondence is also encrypted however we advise that you do not send emails containing sensitive details such as your account number or social security number. We recommend providing such details over the telephone. Our prevention systems are able to detect fraudulent attempts on your account. In the case of any doubt, the account is automatically blocked and we will contact you immediately.
Automatic confirmation via email
We will send you a confirmation email every time you receive or make a payment using PayPal. Should you receive a confirmation email for a transaction you have not completed, please inform us immediately so that we can effectively deal with the situation.
With the Domyos ECONNECTED application, with a subscription of 9.99 € monthly or 99.99 euros annually, you have unlimited access to all programmes. We will give you 3 months free of charge upon purchasing an annual subscription. We will give you 1 month free of charge upon purchasing a monthly subscription. Pay as you go offers.
To take advantage of on-demand videos, customers must subscribe (button on the top right of the site) and create an account. Where already registered, customers must log into the portal featuring the videos. Once logged in and on the portal, customers can select sessions based upon criteria and are able to view extracts of no more than 20 seconds.
To see entire videos, 3 buttons are available to purchase the selected session, to take out a monthly subscription or to take out an annual subscription. When making a purchase, customers are directed to the secure PayPal platform to complete the payment.
To take advantage of a personalised training programme via the e-connected application, Internet users must use the application and log into their Geonaute account. They must subsequently select their objectives and view the associated programmes. They must select their programme and start training after having assessed their level.
Domyos reminds Users that they must seek the advice of their GP before completing physical activity. It is also strongly recommended that they follow the coach's recommendations during sessions. DECATHLON cannot, in any case, be held responsible for accidents associated with health issues or failure to comply with coach recommendations during sessions.
Upon acceptance of the present terms and conditions of sale, Users renounce their right to cancel as per the conditions of Article L 121-21-8 13° of the Consumer Code which states: "The right to cancel cannot be implemented in the case of agreements governing the provision of digital content which is not supplied with software, used subsequent to explicit approval of the consumer and which explicitly forfeits the right to cancel".
Site content is subject to property rights and is protected by intellectual property law, and notably rights pertaining to copyright, designs and models, trademarks, domain names, patents, expertise, software or databases. Such Content and all related rights shall remain the property of the Site and any partners.
Over this content, the Site shall grant Users a limited, non-exclusive license which may be revoked, without the right to issue any sub-license, for access, navigation and use of the Site. This licence does not grant Users any other rights, specifically the right to use such Content for commercial purposes. Users are not authorised, in full or in part, to copy, reproduce, translate, record, extract, modify, transfer, sell any element forming part of Site content and Site functions.
The purchase of access rights to videos and training programmes cannot, in any case, be affiliated with a commitment, on behalf of DECATHLON, with regards improvement of the physical condition and/or aesthetic modification of Internet Users.
Internet users must recognise that sports activities completed after viewing videos and following programmes fall completely under their own responsibility. The aforementioned must ensure that there are no contraindications to carrying out the sports activity and that the surrounding environment is safe in which to complete the sports activity.
Internet users must recognise that DECATHLON's commitment lies with providing the access rights to videos and/or programmes. In this context, the failure to view videos made available, regardless of cause, does not provide the right to reimbursement, complete or partial, of the amounts paid.
Internet users must be aware of the technical limitations relative to the use of the service and notably, the requirement for an Internet connection and a terminal allowing them to view and listen to videos. Internet users are invited to check these elements before purchasing access rights to videos.
The purchase of access rights to videos implies awareness and acceptance of the features and limitation of Internet-based technologies, notably, with regards the response time to consult or connect to the Site hosting server, technical performance, the risk of interruption and, more generally, any risk identified when transmitting data. In this context, DECATHLON, will not be held responsible for any network fault which prevents access to the site and/or viewing videos.
In accordance with the French Data Protection Act of 6 January 1978 (amended), data collected on this Website is electronically processed by the DECATHLON Company.Users have the right to access, rectify and contest to the processing of personal data by making a request to: email@example.com. All requests must be accompanied by proof of identity.
The information collected is only intended for the DECATHLON Company and DECATHLON Group entities.
With regards all issues relative to a purchase made on the Site, it is possible to contact the Customer Services Centre at the following:
-Via email at the following address: firstname.lastname@example.org
- Using the section "Contact us" available on the domyos.com site.
These terms and conditions constitute the entire agreement between you and us.That the company chooses at a given moment not to exercise any of the clauses in these T and C cannot mean that the company renounces the right to exercise any of these same clauses at a later date.
Should any of the clauses be invalidated, the other clauses will remain valid.
The present terms and conditions shall be governed by French law. In the case of a dispute, the competent Court shall be the local Court of the defendant or, according to the choice of Internet users, the Court in the location where the service is provided (domicile of Internet user).
Internet users must be informed of their right to resort to, in the case of a dispute, conventional mediation or any other alternative means of settling differences.