Terms and Conditions of Sale

Last updated on December 5, 2024

1. General Provisions

TuA Ayurveda (the “Company”) is an individual business matriculated under SIRET number x, in Saint-Girons, and is represented by Silvia Lombardi, hereinafter “the Practitioner.”

 

The following terms and conditions of sale (T&Cs) apply between the Company and the natural or legal person, hereinafter “the Client,” purchasing services (“Services”) from TuA Ayurveda through the Company’s website, or through its telephone line.

By booking a Service from the Company, the Client certifies that:

  • They are 18 years old, or older
  • They do not find themselves in a state of mental weakness or fragility
  • They are in full possession of their mental faculties and capable of giving their consent
  • They accept and adhere without restriction or reservation to the Terms and Conditions of Sale

TuA Ayurveda reserves the right to modify its T&Cs at any time, by publishing a new version on its website. The applicable T&Cs are those in force on the date of the booking.

The Terms of Use governing the use of the Company’s website (www.consultationsayurveda.com, hereinafter “the Website”), and of its Services, are outlined on the Terms of Use page. Before making a booking, please read them carefully.

The rules applying to the collection and processing of the Client’s personal data are provided on the Data Protection and Privacy Policy page. Before making a booking, please read them carefully.

TuA Ayurveda is a health and wellbeing business. Consultations and physical wellness therapies offered are taking place within the framework of the “Ayurvedic Medicine of India,” which does not relate in any way to the French/Western medical system, nor to physiotherapy. Any recommendations provided are in no way a substitute for any medical prescriptions and treatments, and clients are encouraged to follow the guidance of their primary healthcare provider at all times.

 

Services offered by the Company are described on its Website , and are available in English, French and Italian. The Practitioner reserves the right to make any modifications she deems useful to any of the Services offered. The applicable Services are those in place on the date of the purchase.

The client is hereby informed and accepts that, without prior written notice from their primary healthcare provider, it is contraindicated to undertake Ayurvedic physical wellness therapies following major surgery or traumatic injury, or for people suffering from:

  • Alcoholism
  • Addictions
  • Cancer or remission
  • Neurological conditions (e.g., epilepsy)
  • Psychiatric conditions (e.g., depression, schizophrenia)
  • Fibroids and tumours
  • Haemophilia
  • Phlebitis
  • Heart disease

As well as other serious pathologies not included in this list.

Further,

  • In the event of pregnancy, it is recommended that the Client request a written notice from her doctor, gynaecologist or midwife and inform the Practitioner when making an appointment. The Company cannot offer massages to pregnant women in their first 12 weeks of pregnancy.
  • In case of allergies, the Client undertakes to inform the Practitioner when making an appointment.
  • The Client agrees to inform the Practitioner and reschedule the appointment in case the following “Temporary Contraindications” should arise in the wake of an appointment: infectious respiratory or skin disease (e.g., cold, flu, fungal infection), fever, very heavy fatigue, significant acute circulatory issues, intoxication (alcohol, drugs), indigestion, or first three days of the menstrual cycle.

The Company reserves the right to refuse clients whose state of health is incompatible with the physical wellness therapies.

Prices for the Services offered can be found on the Website, in Euros, inclusive of all taxes.

 

The Company is not subject to Value-added Tax (VAT), in conformity with article 293B of the French General Tax Code. Thus, indicated Prices do not include VAT.

 

The Company reserves the right to modify its Prices at any time. The applicable Prices are those in place on the date of the purchase.

 

“Extra Time Charges” (see 5d) correspond to 1 euro per extra minute.

Payments are made in full, as follows:

  • By credit card, at the time of booking (for Online Services and Services booked online),
  • In cash – euros or Pyrènes – at the start of the appointment (for In Person Services that can be booked on the phone)

For online bookings, once your booking is accepted and confirmed by the Practitioner, you will receive confirmation of your appointment by email.

All purchases relative to Services that have already been provided are neither reimbursable nor exchangeable.

 

All purchases relative to Services that have yet to be provided can be cancelled up to 48 (forty-eight) hours before the booked date and time, by email or through the Company’s contact page. Unless the cancellation is made before this time, or unless there is a case of Force Majeure (see 8), the purchase is not refundable.

 

If you have made a cancellation up to 48 (forty-eight) hours before the booked date and time, the cancellation will be confirmed once the Practitioner acknowledges reception of your cancellation request. All refunds will be made in the fourteen (14) working days following the confirmation of the cancellation. Refunds will be made using the same payment method as the one used for the initial transaction. All refunds will be subject to an administration charge of 5 (five) per cent of the cost of the original booking.

 

Following Article L.221-28 of the French Code of Consumption, the Client renounces explicitly to the right listed under article L.221-18 of the same Code, since the provision of Services delivered by the Company starts as soon as the booking is concluded.

All requests to reschedule an appointment require a 48 (forty-eight) hours’ notice. Clients affected by “Temporary Contraindications” to physical wellness therapies offered at the cabinet (see 4a) are exempt from this obligation.

If the Client wishes to extend the time booked, the Practitioner will endeavour to fulfil their request. This is subject to the availability of the Practitioner and also to the payment of an additional charge for the extended time (an “Extra Time Charge”, see 5).

 

If the Client is unable to start the appointment at the designated time and is delayed by more than 10 (ten) minutes then:

  • the Practitioner is entitled to end the Service at the time agreed when the booking was made, without making any adjustment to the Prices to reflect the reduced time of the Service; or
  • if the Client and the Practitioner agree to proceed with the Service for the full time allotted notwithstanding the delayed start time (this is at the sole discretion of the Practitioner), then the Practitioner shall be entitled to receive, and you shall be obliged to pay before the relevant Service is given, an additional “Extra Time Charge”.

The quote is valid for 30 (thirty) days from the moment it is communicated to the Client.

 

The quote and T&Cs, signed by the Client, will serve as agreement and confirmation of purchase of the Service, and must be accompanied by a down payment of 30 (thirty) per cent of the total quote amount. This down payment will be done via bank transfer.

 

The final balance payment will be made within 15 (fifteen) days from the date that the invoice is produced, via bank transfer. In case of late payment, a 15 (fifteen) per cent penalty fee will be applied every 30 (thirty) days, starting on day 16 (sixteen) from the date that the invoice is produced.

 

Any request of the Client to reschedule or cancel the Service will have to be communicated to TuA at least 5 (five) working days before the agreed date of the Service. Unless this is the case, TuA will have a right to bill 50 (fifty) per cent of the total invoice amount as indemnity.

 

In case the Service is cancelled less than 48 (forty-eight) hours before the provision of the Service, the indemnity will be 100 (one hundred) per cent of the invoice amount.

 

In case of cancellation by the Practitioner, and if no replacement date is agreed upon, the Practitioner will reimburse the Client within maximum 8 days from the date of the cancellation.

The Company exercises its activity mainly online and at its clinic, found in Saint-Girons, 09200.

 

One-off travelling to other locations in Europe are equally possible, within the framework of Services requiring a personalised quote (see 5e).

 

Online Services are open to any country whose legislation does not specifically forbid the practice of Ayurveda. It is the sole responsibility of the Client to respect their country of residence’s legislation in this respect, and renounce access to the Company’s Services wherever applicable.

In case of temporary physical incapacity to work, due to disease or injury, the Practitioner reserves the right to reschedule booked Services, in coordination with the Client. The Client will not be entitled to any indemnity.

 

In case of permanent physical incapacity to work due to disease or injury, any type of contract or commitment taken by the Company with its customers will be terminated ipso jure. The Client will not be entitled to any indemnity. Any advance payments received by the Company will be returned to the Client within maximum 14 (fourteen) working days following the termination of the contract.

The Company may not be held liable in case of non-performance or delay in performance of any of its obligations due to force majeure. Force majeure is defined as any external, unforeseeable and irresistible event, as describe in article 1148 of the French Civil Code.

 

For the purposes of these T&Cs, Force Majeure means any event beyond the Company’s or the Client’s control, the consequence of which could not have been avoided even if all reasonable measures had been taken. These events may include,

  • Adverse or severe weather conditions such as heavy snowfall, avalanches, floods or earthquakes
  • Unforeseen traffic delays or road closures
  • Warfare and acts of terrorism (and threat thereof)
  • Civil strife
  • Problems caused by other customers
  • Significant risk to human health such as the outbreak of serious disease
  • Natural or nuclear disaster
  • Fire, chemical or biological disaster
  • Unavoidable technical problems
  • All similar events outside of the Client’s or the Practitioner’s control

If it was not possible to provide the booked Service at the time requested due to Force Majeure, the Practitioner will try to reschedule the Client’s appointment for another time. However, if this is not possible, a voucher of equal value to the postponed Service will be provided for reclamation with the Company for up to 1 year.

These T&Cs are governed by French law and construed in the French language.

 

Any dispute arising from the application of these T&Cs shall be submitted to the exclusive jurisdiction of the French courts. Specifically, any dispute arising from these T&Cs will be submitted to the exclusive jurisdiction of the Foix (09000) Court.

 

In case of dispute, the parties commit to searching an amicable resolution. The Client is encouraged to contact the Company’s representative first. If the parties should not find a solution, the Client is informed that, as a consumer, they have a right to be assigned a mediator, in accordance with article L.612-1 and following articles of the French Code of Consumption, with a view to the amicable resolution of the dispute.

The Company has subscribed a civil and professional responsibility insurance, policy nr., AXA.