I / GENERAL
1.1. Legal information
The website www.ouiminceur.fr is published by the company FRENCH CONNEXION WEB, SAS with a capital of 50 000 euros, registered in the Register of Commerce and Companies of Marseille under number 827 629 767, residing at 2 rue de beausset – 13001 – Marseilles, represented by Mr NORDINE BOUKCHOUR, President.
– These general terms and conditions for the use of the services (hereinafter the “GTC”) apply to any beginning
Use of the Site published by the company FCW / ouiminceur.fr (hereinafter referred to as “OUIMINCEUR”), by the
Users (hereinafter referred to as “Users”), whether the latter are individuals or professionals,
Clauses which may appear on the User’s documents, unless express and written acceptance by
The fact that OUIMINCEUR does not at any time avail itself of any of these clauses can not be
Interpreted as a waiver of the right to avail themselves of any of those conditions at a later date.
Knowledge, and therefore renounces the use of any contradictory document and, in particular, its own conditions
New TOU replace the present.
OUIMINCEUR reserves the right to modify the present GCU, according to the technical evolution of the Website www.ouiminceur.fr or
Its offers of Services, or as a result of changes in legislation, in its sole discretion.
Generally speaking, the use of the Site is always subject to the most recent version of the GCU posted on the Site and
Accessible to the User at the time of use. It is the User’s responsibility to consult as often as necessary
The GTCs on the Site.
The terms defined hereafter, whether singular or plural, shall have in the present GCU the meanings
– Client: User who has placed an order and subscribed to the free coaching offer.
– Client Account: Customer’s personal account opened by OUIMINCEUR when the Customer accepts the offer of coaching
Slimming at the time of its order of Products.
– Data: all the information provided by the User, including those given when ordering the case
Under its full and entire responsibility and appearing on the servers administered by OUIMINCEUR.
– Coaching: means all the tools provided free of charge by the company OUIMINCEUR to a client available on the
Site ouiminceur.fr after any purchase on the site.
– Coaching Premium: means access to the dialogue area with a coach in the Coaching area
– Products: all the products marketed by OUIMINCEUR on the site www.ouiminceur.fr.
– Services: means all the services provided by the company OUIMINCEUR to a User and available on the site
– Site: the website located at URL ouiminceur.fr and ouiminceur.com
– User: any major natural person going on the Site, including the Customers and the simple Visitors.
– Visitor: any natural person who has not yet placed an order or opened an account on the Site and who
Would come to consult it.
II / APPLICATION OF THE GENERAL CONDITIONS OF USE www.ouiminceur.fr
2.1. Purpose – General Description of Services
These General Conditions of Use define the conditions of access to the site ouiminceur.fr, as well as the
The use of its functionalities. The User agrees by its simple access to the Site to respect without reservation
The present General Terms and Conditions.
This applies a fortiori to any User benefiting from the paid or free services of the Site and who can not
Without prior and express consent.
The use of the Services implies for the User to have an Internet connection and adequate computer equipment
Whose costs are independent of the Service offered by OUIMINCEUR.
Within the framework of the use of the Services, OUIMINCEUR may be required to address to the User who placed the order
A certain amount of information (newsletter, mails, etc.). This information is an integral part of the underwriting
Services, they can not be refused except in case of unsubscription of the User.
The User agrees not to attempt to access the Services by any means other than the interfaces provided by OUIMINCEUR
For this purpose.
This Site is open to all countries of the world, but the delivery of Products is only in France (Metropolitan +
Outre Mer), and in Europe (Belgium, Switzerland, Luxembourg).
In the event that this Site, the services it offers or the way in which they are proposed, would be, in whole or in part, illegal
Under the national law of residence of the User, it is for the latter to waive access to it from that territory
Or access it from other jurisdictions where they are deemed legal. The User who chooses to access the platform
Https://www.ouiminceur.fr from a territory where it is deemed to be wholly or partly illegal on its own initiative, to its
Risks and perils and it is his responsibility to assume the consequences of the application of his country’s public policy rules.
Residence, without assigning responsibility to OUIMINCEUR.
III / USE OF THE SITE
3.1. Subscription to Services
Users are the sole subscribers for the Services hereunder.
Subscription to the Services provided by OUIMINCEUR via the platform www.ouiminceur.fr is carried out online on the site
Www.ouiminceur.fr at the end of the process of informing the personal information of the User provided for in the
To this end, the User undertakes to inform in good faith all the fields of entry appearing in the forms of
Including his e-mail address and delivery address.
The User declares to be perfectly informed that only the fields marked with an asterisk are obligatory and condition
Access to the Services. Nevertheless, it undertakes to provide information in good faith, in addition to the fields
The fields which he has voluntarily filled out of which an indicative list is provided above.
OUIMINCEUR reserves the right to refuse an application for registration to the platform from any natural person
Not complying with the GCU or failing to provide the mandatory fields in full or in good faith or
Providing not all the documents that may be requested.
On the occasion of its registration, the User certifies:
– Being of age
– Freely dispose of its consent
All orders entitle the Customer to one month of free coaching and to the creation of a Client Account, which is
Free to refuse.
3.2. General description of the Services
The Site offers Users a service of purchase, secure payment and delivery of Products (supplements
Foods) allowing users to lose weight as part of a balanced diet and lifestyle
In addition, the Site offers Users online slimming coaching services and personalized follow-up
To support users who wish to lose weight by proposing to them to follow a program
During the ordering of Products, the User may, if he wishes, benefit for free for a variable length of time:
– menus adapted to their profile;
– weekly challenges;
– slimming tools.
3.3. Customer account
After acceptance of the offer of free coaching by the Customer, OUIMINCEUR will automatically create an account on behalf of the
Customer and he will send an e-mail containing his connection parameters, namely his e-mail and a password chosen
Customers can access their Personal Client Account by enabling connection settings (e-mail address and
Password sent by OUIMINCEUR), which are activated from the configuration by OUIMINCEUR of their Account
Customer. It is the responsibility of Clients to verify the validity of the e-mail address provided in the order form of the
Products insofar as this e-mail is an element of identification of the Client Account. In case of erroneous e-mail address, it
The Client may not be able to access his / her account without liability to OUIMINCEUR.
It is up to each Customer to modify the confidential code transmitted by OUIMINCEUR at the time of creation of its
Account and ensure that its code is composed of letters and numbers of sufficient length.
3.3.2. Responsibility for connection parameters
Each Customer is obliged to maintain the confidentiality of his login parameters (login and password).
He is responsible for all their uses whether or not they have actually or expressly authorized them. No person shall
Client to assign, lend or transfer its connection parameters to any third party or to allow any third party to connect to its
The Customer further agrees to:
– immediately notify the user of any misuse of his
Connection or its account or in the case of any other breach of its security
– ensure that you have left your account at the end of each session of use via the link “Disconnection
” meant for that purpose.
3.3.3. Customer Account Content
It is specified that OUIMINCEUR does not hold any ownership rights in the data or information that the Client submits to the
Service on the occasion of its use (the “Data”). The Customer is solely responsible, and not OUIMINCEUR, for
Accuracy, quality, legality and reliability of all Data. OUIMINCEUR can not be held responsible
Correction, destruction, damage, loss or failure to store any
Would not result from its direct fault and which would not be the consequence of the application of a court
Violation by the Customer.
In the event of termination of this Agreement, OUIMINCEUR agrees to erase the data of the Client of which it would not have acquired
The rights, within one year of the effective date of the termination.
3.4. License of Use of the elements of the Site
OUIMINCEUR grants to the User, who accepts it, a non-exclusive, non-assignable and non-transferable license to use the
Services conceded by OUIMINCEUR within the strict limit of the object of the present GCU, namely the delivery of the Services.
In this respect, Users expressly refrain from:
– To sell, assign, publish, present, disclose or make available to any third party any of the
Services or content made available to them by OUIMINCEUR in connection herewith;
– Practice or attempt to practice reverse engineering, decompile or disassemble elements of the
– To delete the identification and ownership of OUIMINCEUR;
– Publish, without prior written consent of OUIMINCEUR, any test or analysis of performance or
Of evaluation relating to OUIMINCEUR or its Site;
– To access the source codes of the software components of the Site OUIMINCEUR;
– To use or copy the elements of the Site of OUIMINCEUR in any other way not expressly
IV / USER GUARANTEES – LIABILITY
The User undertakes to have the power, authority and capacity necessary for the conclusion and execution of the
Obligations set forth herein.
The User acknowledges being responsible for all the activities or practices that he / she carries out on the Site or
Services rendered by OUIMINCEUR and it undertakes to comply with all the laws, regulations and local treaties,
Applicable national, and foreign laws, including those relating to the protection of personal data,
Communications and the transmission of technical or personal data, files, freedoms and
Intellectual property, and the rights of third parties.
V / OBLIGATIONS OF USERS IN RESPECT OF INTELLECTUAL PROPERTY
Any User is strictly bound by the following rules, the violation of which will result in the termination
Automatic subscription to the Services. OUIMINCEUR also reserves the right to sue any User who
Would be the perpetrator of an offense that the company would consider particularly serious.
5.1. Respect for Copyright – Links (belonging to OUIMINCEUR or its Partners)
This Site respects copyright, as well as neighboring rights such as the rights of database producers, as well as
The copyright to the software composing the Site hereinafter the “copyright”. All copyrights of works
Protected and reproduced on this Site, are reserved for the whole world. Unless otherwise authorized, any use of
Works other than individual and private reproduction and consultation are prohibited.
5.1.1. Reproduction on paper
The reproduction (printing) of the pages of this Site on a paper medium is authorized for a strictly private use and not
5.1.2. Reproduction on electronic media
Reproduction of all or part of this Site on an electronic medium is prohibited.
Creation of links to https://ouiminceur.fr
The Site of OUIMINCEUR authorizes the setting up of a hypertext link pointing towards its contents, subject to:
– do not use the “deep linking” technique, ie the pages of the Site do not
Must not be nested inside the pages of another Site, but accessible through the opening
Of a window.
– mention the source that will point to a hyperlink directly to the intended content.
– The information used must only be used for personal, associative or professional purposes;
– any use for commercial or advertising purposes is excluded unless express agreement of OUIMINCEUR.
– these authorizations do not apply to Internet sites providing information of a poli-
Pornographic, inciting to racial hatred or any form of discrimination or
A greater extent will affect the sensitivity of the greatest number.
– For other uses, please refer to OUIMINCEUR.
Links inserted on https://ouiminceur.fr pointing to other sites:
This Site may contain links to websites of third parties that are not controlled by OUIMINCEUR. OUIMINCEUR is in
Any responsibility for the content of other websites to which the User may access from the Site. When the User
Accesses a website other than that of OUIMINCEUR, it does so at its own risk and OUIMINCEUR will not in any way
Responsible for the accuracy or reliability of the information, data, opinions, advice or statements presented on this
Quality of the services offered. OUIMINCEUR provides these links only for practical purposes, and
The existence of these links does not imply in any way that OUIMINCEUR carries or accepts responsibility for the content
Or uses of these websites.
5.2. Limitations of Rights
OUIMINCEUR is the owner or the concessionaire of the intellectual property rights both of the general structure of the Site and
Of its content.
The User acknowledges and agrees that access to the Website and the Services made available by OUIMINCEUR can not
Take away any assignment or grant of intellectual property rights (trademark or copyright
In particular) and other rights for the benefit of the User.
Access to the Services is exclusively limited to the use of the User under the conditions and limits defined herein
Terms and conditions.
Thus, in addition to what is stipulated in paragraph 6.1., The User acknowledges and accepts that the use granted to him by
OUIMINCEUR, in respect of access to its Services and their content, excludes in particular access to the Services for the purpose of
Reproduction, resale, exchange, rental, modification, adaptation, correction, both gratis and
All or part of the Website, the Services, and their contents protected by trademark law, or by any other right
None of the provisions of these GCUs shall be construed as an assignment or license of any of these rights
For the benefit of the User. Indeed, the latter has only the right to use for its own account Services
If necessary, to resell them, but in any case, the User guarantees OIMINCEUR against any
The rights mentioned above by his own act.
VI / PERSONAL DATA
6.1. Personal data
In accordance with the Law of 6 January 1978, the collection of personal data and computer
May be the subject of the Site have been previously declared to the National Commission of
The Informatique and Liberties under the number: 1809943. Anyone can access it by writing to the CNIL, 21 rue Saint
Guillaume, 75340 Paris cedex 07, or by e-mail to email@example.com.
This data will be collected by OUIMINCEUR on the occasion of any use of the OUIMINCEUR Services carried out via the
By the User, and will be used for the processing of orders, if any, and to the User’s
Service offers OUIMINCEUR (Newsletters, mails …).
To this end, the User undertakes to inform in good faith all the fields of entry in the zone reserved for the
User information, including:
– First name (s)
– E-mail adress
– Full Physical Address
– Phone number
The operation of the Site may involve the collection of a certain number of personal data from the
Users. The primary purpose of this collection is to ensure that the Site is properly displayed on the Internet
General statistics of attendance. The collection of certain personal data may be made through the use of
“Cookie” files saved by the server hosting the Site on the visitor’s hard disk to facilitate its navigation on the
Site or establish general static data of use of the Site. Although they do not allow direct identification
Of the Internet user they are assimilated by the CNIL to personal data. The information thus collected is not
Communicated or marketed to any third party, with the exception of the legal assumptions organizing a communication
Compulsory to the judicial authorities. Thus, no data is retained by OUIMINCE except for those
Necessary for billing and payment.
A fortiori OUIMINCEUR shall not transfer any personal data collected on its
Site, to non-EU countries that do not have a level of protection equivalent to that in
Within the Union. In the unlikely event that such a transfer would be necessary and contemplated, OUIMINCEUR
Undertake to sign in advance a convention to the data receiving entity, under which
Protection of data in accordance with Directive 95/46 / EC of 24 October 1995, transposed
French law by the law of 15 July 2004 and to communicate this agreement to the CNIL.
Each User of the Site has the possibility to refuse the possible registration of these cookies by choosing this option in
The toolbar of its browser. He is invited to do so if he so wishes. In this case, the comfort of
Navigation, loading of web pages, as well as the implementation of certain applications may be altered.
For a total rejection of the cookies the Users have the possibility to apply, depending on the browser used, the appropriate procedures
Corresponding to each browser.
In accordance with Article 39 of Law No 78-17 of 6 January 1978 relating to data processing, files and freedoms, as amended by
Act 2004-801 of 6 August 2004 (Art. 5), any User shall have the right to access, modify, rectify and
Deletion of data concerning him. These rights may be exercised, where appropriate, from OUIMINCEUR by
Mail to; OUIMINCEUR /ouiminceur.fr – 45 allée des Ormes – E Space Park Building B – 06250 Mougins or by phone
At 0493384524 or by e-mail by writing to firstname.lastname@example.org. Applications are processed within a minimum of one month
And a maximum of two months.
6.2. Bank data
The bank data entered by the User during any order on the Site are collected in a secure manner
Via an Electronic Payment Terminal and then processed by an independent banking provider.
Thus, OUIMINCEUR is not in possession of the banking data of the Users of the Site and is thus dispensed,
Title, of appropriate declaration to the CNIL.
In addition, the encryption of the data passing through the Electronic Payment Terminal provides the User with a security
VII / FORCE MAJEURE
7.1. Principle and definition
Neither Party shall be held liable vis-à-vis the other for non-performance or delays in
The performance of any obligation under this Agreement which would be due to the other party as a result of the occurrence of
Force majeure within the meaning of Article 1148 of the Civil Code.
Expressly, they are considered as cases of force majeure or fortuitous event, in addition to those usually retained
By the jurisprudence of French courts and tribunals, the blocking of telecommunications, including
Telecommunications, total or partial strike, lock-out, riot, civil disturbance, insurrection, civil or foreign war, risk
Nuclear, embargo, confiscation, capture or destruction by any public authority, bad weather, epidemic, blockade of means
Transportation or supply for any reason whatsoever, earthquake, fire, storm, flood,
Water damage, governmental or legal restrictions, legal or regulatory changes in the forms of
Commercialization, computer breakdown, any consequence of a technological evolution, not foreseeable by OUIMINCEUR,
Questioning the standards and standards of his profession and any other unpredictable, irresistible and independent case.
Of the Parties preventing the normal performance of their reciprocal obligations.
In the event of such an event of force majeure, the obligations of this Agreement are suspended. If the case
Of force majeure continues for a period of more than one month, these general conditions may be terminated,
With a relative effect, by either Party upon receipt by the other of a registered letter.
VIII / WARRANTIES AND EXCLUSIONS OF WARRANTY.
OUIMINCEUR can not be held liable, either civilly or criminally, in the event of a false declaration by the User.
OUIMINCEUR does not warrant in any way that:
(I) the platform https://www.ouiminceur.fr will meet all the requirements of the User,
(Ii) that the platform https://www.ouiminceur.fr will be permanently available without interruption, or without error.
To the maximum extent permitted by the applicable regulations, OUIMINCEUR shall be liable only for
Direct damage which would be the result of a fault, in the delivery of the Services, directly attributable to OUIMINCEUR.
On the other hand, OUIMINCEUR will in no case be responsible for indirect and / or incidental damages
Loss of income, business interruptions, limitation of time, loss of chance or of any other nature) resulting from
The use or the impossibility of using the platform https://www.ouiminceur.fr by the User.
OUIMINCEUR is likely to offer on its Site Services marketed by partners under a contract
To which these general conditions of use are not applicable.
Consequently, the User can not hold OUIMINCEUR responsible for any direct or indirect damage resulting from
The use of a site or of orders made with its partners.
IX / INFORMATION – COMPLAINT
Any complaint or request for information concerning the use of the Site must be addressed to OUIMINCEUR by
Through the Site by referring to the “Contacts” section, by telephone by dialing 04 13 95 03 70 or by
Mail to the following address:
33 Route de Lyon,
The reply to the complaint will be made within 30 working days by postal mail if the User so requests
If at the end of this period, the User does not obtain satisfaction, he has the possibility of making a second request by way of
Notification by registered letter with acknowledgment of receipt. The processing of the application shall not exceed one month
From the date of receipt of the notification.
In all correspondence, electronic or postal, addressed to OUIMINCEUR, the User agrees to mention his name and
First name, denomination, e-mail address, subject of the request, attaching a copy, if necessary, and
Its identifier in order to allow its identification and the processing of its requests. Incomplete applications may not be
Treated by OUIMINCEUR.
X / GENERAL PROVISIONS
The fact that OUIMINCEUR does not avail itself at any time of any of the present general conditions and / or
The other party to any of the obligations referred to in these General Terms and Conditions
May be interpreted as constituting a waiver by OUIMINCEUR of subsequently availing itself of any of the said
The nullity of one of the clauses of the present GCU, in application in particular of a law, a regulation or following a
Decision of a competent court having the force of res judicata will not lead to the nullity of the other clauses
Will retain their full effect and reach.
The headings of the articles of the GCU are only for the purpose of facilitating references and do not, by themselves, have any value
Contractual or special meaning.
XI / APPLICABLE LAW AND JURISDICTION
These GTC are exclusively subject to French law to the exclusion of any other legislation, even in the presence of
Of resident or national users of foreign countries.
The official language of these Terms is French. The use of any other language has only indicative value. In case of
Interpretation, the Parties shall refer only to the French text.
Any disputes relating to the present GCU shall be submitted, before any judicial proceedings, to a conciliator (s),
Each Party hereto appointing one except to agree upon the choice of one.
To this end, in case of dispute, one of the Parties shall notify the other by registered letter with acknowledgment of receipt of the name
Of the proposed conciliator, the other Party having thirty (30) days to notify the nominated conciliator; The lack of response in this
The second party shall agree on the choice of conciliator made by the former.
In the event of a proven defect of the Party concerned in the receipt or withdrawal in the Post Office of a notification sent by
Registered letter with acknowledgment of receipt, the notification may be effected by any means.
Within a maximum period of three months from their appointment, the conciliator (s) shall endeavor to resolve the difficulties
Which will be submitted to them and to have the Parties accept an amicable solution.
Whatever the outcome of the said conciliatory agreement, the conciliator (s) shall draw up and sign a
Minutes of conciliation or non-conciliation.
In the absence of such an agreement within the prescribed time-limits, and subject to the production of the said minutes of non-conciliation, the dispute
Shall be brought to the attention of the Commercial Court at the place of the seat of OUIMINCEUR on the day of the summons, which shall
Imperatively to note the production of the aforementioned minutes signed for the purpose of judging the dispute.
This clause shall apply, unless otherwise provided for in the public policy and, without prejudice to the rights of
To prosecute any person who has infringed his or her rights,
Which would have jurisdiction in the absence of the aforementioned clause.