Terms of Sale

Terms of Sale for the WELLMIND website

Applicable from 10/10/2022

ARTICLE 1. PARTIES

These terms of sale are applicable between WellMind, published by the company Evellia, SARL with capital of 97,946 euros, SIRET number: 790631170 00020 - RCS of NANTERRE, Intra-community VAT number FR 52 790631170, hereinafter "the Publisher" and any natural or legal person, private or public law, registered on the Site to purchase a Product, hereinafter "the Client".

ARTICLE 2. DEFINITIONS

"Client": any natural or legal person, private or public law, registered on the Site.

"Corporate Client": any person representing the legal entity that has opened a Corporate account with WellMind.

"Beneficiary Client": any natural person who has opened a Beneficiary account with WellMind.

"Service Provider Client": any natural or legal person, private or public law, registered as a Personal Service Provider.

"Site Contents": elements of any nature published on the Site, protected or not by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.

"The Publisher": Evellia, SARL in its capacity as publisher of the Site.

"Internet User": any natural or legal person, private or public law, connecting to the Site.

"Product": goods of any nature sold on the Site by the Publisher to Clients.

"Site": website accessible at the URL wellmind.fr, as well as sub-sites, mirror sites, portals and related URL variations.

ARTICLE 3. SCOPE OF APPLICATION

The Site is freely and free of charge accessible to any Internet User. Browsing the Site implies acceptance by any Internet User of these terms of sale. Simply connecting to the Site, by any means whatsoever, in particular through a robot or browser, will result in full and complete acceptance of these terms of sale. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.

The Internet User acknowledges having taken full knowledge of them and accepts them without restriction.

Checking the aforementioned box will be deemed to have the same value as a handwritten signature by the Internet User. The Internet User acknowledges the probative value of the Publisher's automatic recording systems and, unless he can provide proof to the contrary, he waives the right to contest them in case of dispute.

These terms of sale are applicable to relations between the parties to the exclusion of all other conditions, and in particular those of the Internet User.

Acceptance of these terms of sale assumes that Internet Users have the necessary legal capacity to do so, or failing that, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they act on behalf of a legal entity.

ARTICLE 4. PURPOSE OF THE SITE

The Site's purpose is to sell Services to Clients.

ARTICLE 5. USE OF WELLMIND

5.1. Create your account

Registration on WellMind results in the opening of a bank account with our payment provider Stripe. All information requested during registration is directly transmitted to the Payment provider and is never accessible or stored by WellMind.

WellMind only retains commercial information for the proper management of the relationship (Name, First name, Email, Phone, VAT number for billing, supporting documents for opening a Service Provider account - Nova Document, Approval and NAN Code.

5.2. Invitation of Beneficiary Clients

The company can invite its employees or interface its HRIS with WellMind. Each Beneficiary must at this time: accept the Terms of Service and transmit their contact details (name, first name, email and postal address) to WellMind

5.3. Create a benefit

In order to create a benefit, the Corporate Client must pay the WellMind commission. The amount of the commission depends on the Client's subscription. Creating a benefit automatically triggers the generation of an invoice and the deduction of the corresponding amount from the Client's account. The success of the deduction automatically triggers the distribution of the corresponding benefit to Beneficiary Clients

5.4. Invitation of Service Provider Clients

Once payment is made, the company can invite personal service providers (Service Providers) to the WellMind platform. These Service Providers must also accept the terms and conditions and provide the required documents for their registration.

ARTICLE 6. PRICE - PAYMENT

6.1. Price

The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by the Publisher. The prices displayed are only valid on the day of the order and do not take effect for the future.

The prices indicated on the Site are understood in euros, all taxes included, excluding delivery costs.

6.2. Payment method

The Client can make their payment by credit card. Credit card payments are made through secure transactions provided by Stripe.

In the context of credit card payments, the Publisher has no access to any data relating to the Client's payment methods. Payment is made directly to the banking institution.

In case of payment by money order, check or bank transfer, delivery times only begin to run from the date of payment collection by the Publisher.

6.3. Invoicing

The Publisher will send or make available to the Client an invoice electronically after each payment. The Client expressly accepts to receive invoices electronically.

6.4. Payment default

The agreed payment dates cannot be delayed under any pretext whatsoever, including in case of dispute.

Any amount not paid at maturity will result, by operation of law and without formal notice, in the application of late penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the enforceability of the sums due in principal.

In addition, any payment delay will result in the billing to the defaulting Client of recovery costs of 40 euros, the immediate enforceability of all remaining sums due regardless of the agreed deadlines, increased by an indemnity of 20% of the amount as a penalty clause, as well as the possibility of unilaterally terminating the contract to the Client's fault. This clause falls within the framework of the provisions of article 1152 of the civil code allowing the judge to reduce the indemnity if the judge considers it excessive.

6.5. Retention of title

The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.

ARTICLE 7. PUBLISHER'S LIABILITY

7.1. Nature of the Publisher's obligations

The Publisher undertakes to provide the care and diligence necessary for the provision of quality Products in accordance with the specifications of these Terms and Conditions. The Publisher is only liable for an obligation of means regarding the services covered by these.

7.2. Force majeure - Client fault

The Publisher will not be liable in case of force majeure or Client fault, as defined in this article:

7.2.1. Force majeure

Within the meaning of these terms of sale, any impediment, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, failure attributable to the access provider, transmission network failure, installation collapse, illicit or fraudulent use of passwords, codes or references provided to the Client, computer hacking, security breach attributable to the Site host or developers, flood, power failure, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of the Publisher will be considered as a case of force majeure opposable to the Client. In such circumstances, the Publisher will be exempted from the execution of its obligations within the limit of this impediment, limitation or disruption.

7.2.2. Client fault

Within the meaning of these Terms and Conditions, any misuse of the Service, fault, negligence, omission or failure on the part of the Client or his agents, non-compliance with advice given by the Publisher on his Site, any disclosure or illicit use of the password, codes and references of the Client, as well as the provision of erroneous information or the absence of updating such information in his personal space will be considered as a Client fault opposable to the latter. The implementation of any technical process, such as robots, or automatic requests, whose implementation would contravene the letter or spirit of these terms of sale will also be considered as a Client fault.

7.3. Technical problems - Hyperlinks

In case of impossibility to access the Site, due to technical problems of all kinds, the Client cannot claim any damage and cannot claim any compensation. The unavailability, even prolonged and without any time limit, of one or more online services, cannot constitute a prejudice for Clients and cannot in any way give rise to the award of damages by the Publisher.

The hyperlinks present on the Site may redirect to other websites. The Publisher's liability cannot be engaged if the content of these sites contravenes current legislation. Similarly, the Publisher's liability cannot be engaged if the Internet User's visit to one of these sites caused him harm.

In the current state of the art, the rendering of representations of Products offered for sale on this Site, particularly in terms of colors or shapes, may vary significantly from one computer to another or differ from reality depending on the quality of graphics accessories and screen or display resolution. These variations and differences cannot in any case be attributed to the Publisher who cannot in any case see his liability engaged for this reason.

7.4. Damages at the Publisher's expense

In the absence of contrary legal or regulatory provisions, the Publisher's liability is limited to the direct, personal and certain damage suffered by the Client and related to the failure in question. The Publisher cannot in any case be held responsible for indirect damages such as, in particular, data loss, commercial damage, loss of benefits, damage to brand image, commercial disturbances and loss of profits or customers. Similarly and within the same limits, the amount of damages charged to the Publisher cannot in any case exceed the price of the ordered Product.

7.5. Hyperlinks and Site content

The Site Contents are published for information purposes only, without guarantee of accuracy. The Publisher cannot in any case be held responsible for any omission, inaccuracy or any error contained in this information and which would be the cause of direct or indirect damage caused to the Internet User.

ARTICLE 8. FINAL PROVISIONS

8.1. Applicable law

These terms of sale are subject to the application of French law.

8.2. Modifications to these terms of sale

These terms of sale may be modified at any time by the Publisher. The terms of sale applicable to the Client are those in force on the day of his order or connection to this Site, any new connection to the personal space resulting in acceptance, if applicable, of the new terms of sale.

8.3. Disputes

Under ordinance n°2015-1033 of August 20, 2015, all disputes with a consumer Client that may arise in the context of the execution of these terms of sale and whose solution could not be found previously amicably between the parties must be submitted to Medicys: www.medicys.fr.

In addition, the consumer Client is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Any dispute relating to this contract or in connection with it will be resolved by arbitration in accordance with the regulations of the Digital Institute of Arbitration and Mediation: www.fast-arbitre.com.

8.4. Entirety

The nullity of one of the clauses of this contract will not result in the nullity of the other clauses of the contract or of the contract as a whole, which will retain their full effect and scope. In such a case, the parties must, as far as possible, replace the canceled stipulation with a valid stipulation corresponding to the spirit and object of these.

8.5. Non-waiver

The Publisher's failure to exercise the rights recognized to it by these terms cannot in any case be interpreted as a waiver to assert said rights.

8.6. Telephone canvassing

The Client is informed that he has the possibility to register on the list of opposition to telephone canvassing at the address http://www.bloctel.gouv.fr/.

8.7. Languages of these terms of sale

These terms of sale are offered in French.

8.8. Abusive clauses

The stipulations of these terms of sale apply subject to compliance with the mandatory provisions of the Consumer Code concerning abusive clauses in contracts concluded between a professional and a consumer.