General Terms and Conditions of Use and Sale (CGUV) www.la-clinique-naturelle.ch
Issue and effective date: 03.05.2021
Last update: 03.10.2022
EGNOKA SARL
Table of contents
I. Definitions
II. Acceptance, scope and modification of the CGUV
III. Courses, Training, Products and Sessions offered by EGNOKA
IV. Warranties
V. User account creation process
A. General
B. Creating an account
C. User account access
VI. How to reserve or place an Order
A. Booking and/or Ordering a Course, Training, Product or Session
B. Confirmation of reservation or Order
C. Cancellation of reservation or Order
VII. Prices and payment terms
VIII. Specific provisions for Products
A. Product delivery
B. Back
C. Warranty
IX. Specific provisions for Courses
X. Specific provisions for training courses
XI. Specific provisions for Sessions
XII. Site availability
XIII. Prohibited uses of the Site
XIV. Intellectual property and other rights
XV. Liability
A. In general
B. For Courses, Training and Products
C. For Sessions
D. For the Site
XVI. Data protection
XVII. Nullity
XVIII. Applicable law and place of jurisdiction
XIX. Contact
I. Definitions
CGUV ou Conditions : les présentes conditions générales d’utilisation et de vente du Site, dans leur version en vigueur à la date de la Commande ; elles sont disponibles sur le Site à l’URL <https://www.clinique-naturelle.ch/conditions-generales-dutilisation-et-de-vente> et dûment validées par le Client lors de la validation de sa commande ;
Customer : any User making a reservation, placing an Order or sending a Form through the Site;
Order: any order for a Course, Training, Product or Session (in the form of treatment packs) placed through the Site by the Customer;
User Account/Account: the personal account created on the Site by a User, enabling him/her to access the various Services;
Contract : contract formed between the Customer, on the one hand, and EGNOKA, on the other hand, consisting of the present CGUV and the Privacy Policy;
Classes: Various courses offered by trainers in the studio area, including Yoga, Pilates and Qi Gong;
Personal Data/Data: any data within the meaning of Article 3 let. a of the Federal Law on Data Protection ("LPD"; RS 235.1), i.e. any information relating to an identified or identifiable person;
EGNOKA/We/Our: EGNOKA Sàrl - La Clinique Naturelle, headquartered at rue Jean-Sénebier 20, 1205 Geneva, operator of the Site ;
Instructor(s): specialized instructor who offers Courses and Training ;
Training : the various workshops and training courses offered by EGNOKA;
Form: Form available on the Site and filled in by the Customer so that EGNOKA can provide information based on the information provided or propose an appointment;
Delivery: delivery to the Customer's Swiss home/seat of the Product which is the subject of the Order ;
Politique de Confidentialité/Politique : la politique de gestion de la collecte et des traitements de Données Personnelles de EGNOKA et leurs finalités d’utilisation, disponible sur le Site à l’URL <https://www.clinique-naturelle.ch/politique-de-confidentialite/> et validée par le Client lors de la création du Compte Utilisateur et/ou avant la finalisation d’une Commande ou d’une prise de rendez-vous ou de contact ;
Payment Providers: PayPal, headquartered in San José, California (USA) and Stripe, headquartered in South San Francisco, California (USA);
Product(s): any e-commerce Product sold on the Site (gift vouchers, cosmetics, etc.);
Session(s): the various therapies offered for a fee at the Clinique Naturelle, which can also be purchased online in the form of treatment packs;
Services: all the services and functionalities made available by the Site (in particular, booking and/or ordering Courses, Training, Products and Sessions);
Site : le site internet accessible à l’URL suivante : <https://www.la-clinique-naturelle.ch/> ;
Therapist(s) : Therapists in collaboration with EGNOKA practicing on the premises at rue Jean Sénebier 20 1205 Geneva, in an independent capacity, holding a specific right to practice according to their diploma and registered with ASCA (Swiss foundation for complementary medicine), who deliver the various Sessions;
User: any person accessing and browsing the Site without having created a User Account;
Registered User: any person who has created a User Account on the Site;
You/Your/Yours : a term designating any User or Registered User.
II. Acceptance, scope and modification of the CGUV
By using Our Services, in particular by creating a User Account, booking or placing an Order, You accept, without reservation, to be legally bound by the present CGUV and by the Privacy Policy which forms an integral part of it..
The purpose of the CGUV is, in particular, to define the terms and conditions of online reservation and Ordering, the availability of the Site and its conditions of use.
If You do not agree to be bound by these CGUV or by the Privacy Policy, please do not use the Site or Our Services.
The CGUV applicable to Your reservation, Your Order and Your use of the Site are those available on the Site at the time You carry out one of the acts described. The Courses, Training, Products and Sessions offered on Our Site are governed exclusively by the present CGUV. EGNOKA reserves the right to make changes to these GCUV at any time and at its sole discretion. If necessary, You will be informed by e-mail or on Your Account if You have one. The new version of the CGUV will be published on this page, and We will update the "Issue Date".
Your continued use of the Services after such changes are made demonstrates Your acceptance of such changes. If You do not agree to be bound by the modified Terms, You will no longer be able to place Orders and will be required to close Your Account, if applicable.
III. Courses, Training, Products and Sessions offered by EGNOKA
Through its complementary therapies center "La Clinique Naturelle", EGNOKA offers tailor-made support and a range of alternative therapies, providing a natural response to a variety of wellness-related issues.
Any interested person may freely browse the EGNOKA Site and, if necessary, receive information and/or request an appointment by means of an online Form or by contacting EGNOKA directly using the contact details found on the Site. Any User may also create a User Account and make a reservation request and/or order, against payment, Courses, Trainings, Products and Sessions through the Site.
The various courses enable customers to discover or deepen the practice of Qi Gong, Yoga and Pilates.
The various Training courses enable customers to attend workshops and further training courses.
EGNOKA also offers various e-commerce Products and Sessions in the form of treatment packs for purchase on its Site.
EGNOKA offers you a range of treatments, including naturopathy, therapeutic massage and Chinese medicine, tailored to your individual needs.
IV. Warranties
By creating an Account on the Site and/or reserving a Service or placing an Order, You formally undertake to :
- be at least 18 years old;
- provide accurate, up-to-date and complete information;
- maintain and update without delay the data and other information that You provide to Us;
- ensure the strict confidentiality of Your password and all information related to the security of Your Account;
- assume all risks of unauthorized access to the data and any other information or Personal Data that You provide to the Site (please also see our Privacy Policy on this point);
- not to create/hold more than one Account; and
- personally assume full responsibility for the use of your Account and the operations carried out therein, as well as for any Orders.
V. User account creation process Generalities
A. General
Access to and simple consultation of the Site, as well as online appointment booking, are free of charge, and do not require the creation of a User Account.
If You wish to make a reservation request and/or order a Course, Training, Product or Sessions offered on the Site, You may either create a User Account by clicking on the quick link at the bottom of the page, or make Your reservation or Order as a guest, without creating an Account.
B. Creating an account
To create an Account, You must click on the "My Account" quick link at the bottom of the Site page.
When creating an Account, the User undertakes to :
- deliver information that is accurate and consistent with reality;
- keep registration data up to date.
A confirmation e-mail is sent to the User to confirm the creation of his/her Account.
In the event of loss and/or fraudulent use of the User ID and/or password, the User shall immediately notify EGNOKA.
EGNOKA reserves the right to suspend or terminate the User's access to his Account at any time.
C. User account access
When a User Account is created, the registered User accesses it using his/her login (the e-mail address given by the User when creating the Account) and a personal and confidential password, by clicking on the "My Account" link at the bottom of the page and registering.
The registered User understands and accepts that he is solely responsible for the use made of his Account. They undertake to keep their login and password secret and not to divulge them in any form whatsoever. The storage, use and transmission of the login and password are the sole responsibility of the User.
The registered User undertakes to inform EGNOKA immediately of any unauthorized use of his Account, and of any breach of confidentiality and security of his login details.
The Customer undertakes to use his Account in accordance with the CGUV. EGNOKA reserves the right to suspend or delete an Account in the event of proven or suspected violation of the CGUV or for any other reason it deems legitimate.
VI. How to reserve or place an Order
A. Booking and/or Ordering a Course, Training, Product or Session
Any User can make a booking request for a Course and/or a Session via the Site. The creation of a User Account is not a prerequisite.
Any User can book a Training session directly online. Reservations are made for a specific Training course (dates and times). Creating a User Account is not a prerequisite.
Any User may place an Order for a Course, Training, Product and/or Sessions (in the form of a care package made up of several Sessions). The creation of a User Account is not a prerequisite.
To reserve or place an Order, the User must select the Course, Training, Product or Session (respectively the treatment pack) that he/she wishes to reserve or purchase on the Site, fill in the required data fields and then, if applicable, proceed with payment.
A tool for correcting the information provided for the purposes of the reservation or Order is available until final validation.
The reservation request or the Order is formally validated only when You confirm Your reservation request or Your Order on the payment page after the shopping cart by means of the "Send" or "Order" button. ".
B. Confirmation of reservation or Order
Your reservation request will be processed as soon as possible.
At the end of the reservation or Order process, We will send You an e-mail confirming Your reservation or Order.
C. Cancellation of reservation or Order
Confirmation of the Order, by means of the "Order" button "button firm and definitive and cannot be cancelled by You.
Furthermore, We reserve the right to cancel Your Order at any time and without prior notice, and without compensation to the User, for any reason whatsoever, in the event of :
- default or suspected default ;
- fraudulent payment ;
- attempted fraud of any kind.
To cancel a booking, please refer to the specific provisions for Courses (ch. IX.), Training (ch. X.) and Sessions (ch. XI.).
VII. Prices and payment terms
The prices indicated on the Site are expressed in Swiss francs (CHF), including VAT, but do not include the cost of postage, packaging, insurance, taxes of any kind or any other possible charges.
The price invoiced corresponds to the price indicated to You at the time of Your Order.
Payment terms are as follows:
- PayPal and Stripe, via the Site, in which case the payment is debited by the Payment Provider at the time of the Order; or
- bank transfer, as the funds must be received prior to the execution of the Delivery or prior to the date on which the Course, Training and/or first Session of the treatment package is to take place.
You expressly authorize Us to invoice You and to debit Your credit card for the Courses, Training, Products and Sessions (in the form of treatment packs) ordered.
Credit card information is processed and stored by our Payment Providers. We do not process or store any credit card information or Your geolocation.
Payment services that may be used for Orders on Our Site are provided by Our Payment Providers.
PayPal is subject to the following security standards Payment Card Industry Data Security Standards (PCI DSS), which include the terms and conditions of the online payment service. By agreeing to these Terms and Conditions or by using the Site's Services, You agree to be bound by PayPal's terms and conditions of use, which may be modified by PayPal from time to time. Because the Site allows You to make payments via PayPal, You agree to provide Us with accurate and complete information about You and Your business, and authorize Us to share such information as well as information about transactions made via the payment solution provided by PayPal.
Stripe is subject to the Payment Card Industry Data Security Standards (PCI DSS), which include the terms and conditions of the online payment service. By agreeing to these CGUV or by using the Site's Services, You agree to be bound by Stripe's terms and conditions of use, which may be modified by Stripe from time to time. Because the Site allows You to make payments via Stripe, You agree to provide Us with accurate and complete information about You and Your business, and authorize Us to share such information as well as information about transactions made via the payment solution provided by Stripe.
Please also see our Privacy Policy regarding Your Personal Data.
In the event of a dispute concerning an amount debited by Us, the Customer undertakes to contact Our customer service department before making any objection to the credit card issuer or notifying a claim to the Payment Service Provider.
VIII. Specific provisions for Products
A. Product delivery
The Product is sent to the delivery address in Switzerland communicated by You, according to the terms and conditions depending on the delivery method You chose when placing the Order.
The delivery times indicated on the quotation are purely indicative. The actual delivery date is not guaranteed, unless a firm deadline is expressly indicated, and depends on Our suppliers' actual supply and delivery possibilities.
We reserve the right to make partial deliveries or provide partial services at any time. If a Product is temporarily or permanently unavailable, We will immediately inform the User by e-mail or telephone, so that the User may choose one of the following options:
- Receive a modified Order with a Product comparable in terms of price and quality;
- Cancel the Order insofar as it concerns the unavailable Product, free of charge.
Delivery rates are indicated to You before Your Order is confirmed.
The costs and risks of delivery of the Product shall be borne by You.
Any price reductions between the Order date and the Delivery date do not apply to Products that have not yet been delivered, the Order date being decisive.
The Product is delivered as presented on the Site, in the packaging or minimum quantities indicated.
B. Back
Products cannot be returned. In the event of defects in the Products, the warranty section of the present CGUV is solely applicable.
C. Warranty
Products are guaranteed for two years. The warranty period begins upon delivery of the Product to the Customer.
En cas de défauts, le Client doit Nous en avertir immédiatement par courrier électronique adressé à <contact@la-clinique-naturelle.ch> ou par lettre recommandée.
EGNOKA undertakes to replace the defective Product. Delivery of the replacement Product does not extend the warranty period.
The Customer understands and accepts that, when a repair or exchange is possible, he expressly waives the right to a redhibitory action (reimbursement of the price) or a minimutory action (reduction of the price).
IX. Specific provisions for Courses
Customers can purchase Courses online. To reserve a date and time, contact EGNOKA directly or make an online reservation request.
Your appointment booking is only valid once EGNOKA has sent you written confirmation.
Si Vous êtes empêché de Vous présenter à la date et à l’heure convenue pour un Cours, veuillez Nous informer 24h à l’avance par téléphone et/ou par courriel électronique à l’adresse <contact@la-clinique-naturelle.ch>.
If you cancel your appointment within 24 hours, you will be billed for the lesson booked.
If EGNOKA has to cancel or postpone a Course, You will be notified as soon as possible and a new appointment will be made. No compensation is possible.
If You arrive at Your Course late, the Course You have booked will be shortened accordingly and no compensation will be possible.
If one of our Trainers arrives late, the Course is automatically extended or, if this is not possible, a new appointment is made. No compensation is possible.
X. Specific provisions for training courses
Customers can purchase Training courses online. They book directly the Training (dates and times) they wish to attend online.
Your Training reservation is only valid once EGNOKA has sent you written confirmation.
Si Vous êtes empêché d’assister à la Formation, veuillez Nous informer au moins 45 jours avant la date de début de la Formation par téléphone et/ou par courriel électronique à l’adresse <contact@la-clinique-naturelle.ch>.
If withdrawal occurs between 44 and 30 days before the start of the course, 50% of the course fee is due.
In the event of withdrawal less than 30 days before the start of the course, the full cost of the course is payable.
Training already begun is payable in full, regardless of the reason for withdrawal or the number of hours already completed. However, EGNOKA reserves the right, free of charge and subject to availability, to give the Customer the opportunity to take the missed Training hours at a future session.
In the event of illness or accident, and on presentation of a medical certificate, training already begun can be interrupted and resumed at the next opportunity, at no extra charge.
EGNOKA reserves the right to cancel or postpone the course if the number of participants is insufficient or if the course cannot be held for other reasons (federal or cantonal decree, etc.). In this case, the training fee will be refunded or carried over to the next session.
Si Vous souhaitez Vous faire rembourser le prix de la Formation, Vous devez Nous adresser une demande de remboursement écrite, accompagnée de Votre numéro IBAN de Votre organisme bancaire, à Notre adresse postale EGNOKA Sàrl – La Clinique Naturelle, 20, rue Jean-Sénébier, 1205 Genève ou à Notre adresse de courriel électronique <contact@la-clinique-naturelle.ch>.
EGNOKA will refund the price within 15 days of receipt of Your request.
EGNOKA reserves the right to use trainers other than those initially planned.
XI. Specific provisions for Sessions
Customers can purchase Sessions (in the form of treatment packs) online. To reserve a date and time, they must contact EGNOKA directly or make an online reservation request.
Your appointment booking is only valid once EGNOKA has sent you written confirmation.
Si Vous êtes empêché de Vous présenter à la date et à l’heure convenue pour une Séance d’une durée d’une heure, veuillez Nous informer 24h à l’avance par téléphone et/ou par courriel électronique à l’adresse <contact@la-clinique-naturelle.ch>.
Si Vous êtes empêché de Vous présenter à la date et à l’heure convenue pour une Séance d’une durée supérieure à une heure, veuillez Nous informer 48h à l’avance par téléphone et/ou par courriel électronique à l’adresse <contact@la-clinique-naturelle.ch>.
If you cancel your appointment less than 24 hours or 48 hours in advance, you will be billed for the Session booked.
If EGNOKA has to cancel or postpone an appointment, You will be notified as soon as possible and a new appointment will be scheduled. No compensation is possible.
If You arrive late for Your appointment, the Session You have booked will be shortened by the same amount and no compensation will be possible.
If one of our therapists arrives late, the appointment is automatically extended or, if this is not possible, a new appointment is made. No compensation is possible.
XII. Site availability
Although We strive to offer You the best, We cannot promise that Our Site will always be available. We cannot guarantee that the Site will be error-free.
Si une erreur se produit sur Notre Site, merci de Nous le signaler à <contact@la-clinique-naturelle.ch> et Nous essaierons de corriger la faute dans des délais raisonnables. Nous pouvons suspendre l’accès au Site pendant que Nous essayons de régler le problème. Nous ne pourrons pas être tenus responsables envers Vous si le Site n’est pas disponible pendant une certaine période :
- Your access to the Site may occasionally be restricted to allow for repairs, maintenance or the installation of new facilities. We will try to restore the Site as soon as possible.
- The content of Our Site is subject to change. We reserve the right to delete, without notice and without recourse on Your part, Our Site.
XIII. Prohibited uses of the Site
You agree not to :
- upload, post, email, transmit or otherwise introduce to the Site any material and/or files containing computer viruses or any other malicious computer code and not to engage in any action such as : overloading, flooding, spamming or mail bombing ;
- test in any way the vulnerability of the Site, bypass or violate security or authentication measures in place, or seek to trace or retrieve any information on other Users;
- use deep-link" , " page-scrape" , " robot" , " spider" or any other device, automatic or manual, to access, acquire, copy or monitor any portion of the Site, or You will not attempt in any way to reproduce or circumvent the navigational structure or presentation of the Site or any Content, obtain or attempt to obtain any materials, documents or information through any means not intentionally made available through the Site;
- access, or attempt to access, any EGNOKA server, or any of the Services offered on or through the Site, by hacking, password miningor other illegitimate means.
XIV. Intellectual property and other rights
Intellectual Property Rights and any other proprietary rights in the content presented on the Site (including, but not limited to, software, graphics, images, videos, information and the selection and arrangement thereof) remain Our exclusive property or the property of their respective owners. The logos, graphics, page headers, button icons, texts and the names of the Training Courses, Products and Sessions presented on the Site are part of EGNOKA's commercial packaging and are protected by EGNOKA's Intellectual Property Rights. All Intellectual Property Rights are the property of EGNOKA, unless otherwise stated.
The domain name on which the Site is hosted is the exclusive property of EGNOKA. Users are not authorized to use or adopt a similar name for their own use.
XV. Liability
A. In general
In general, the Customer understands and accepts that Our liability in any respect whatsoever, in particular but not exclusively in respect of Courses, Training, Products and Sessions, is excluded to the fullest extent permitted by law (art. 100 CO). In any event, damages are limited to the amount of the Order or the sum of CHF 100 (one hundred Swiss francs).
Furthermore, EGNOKA assumes no liability for damages resulting from incomplete declaration or concealment of a reason for exclusion by a Customer. This also applies if the reason for exclusion was not known to the Customer and not visible to EGNOKA personnel.
The Customer is not insured against accidents that may occur while using Our Services.
EGNOKA cannot be held responsible for any theft or damage to the customer's personal effects, clothing or equipment.
B. For Courses, Training and Products
EGNOKA offers courses, training and products in the field of health and well-being.
We do not provide medical advice. You understand and agree that the Courses, Training and Products offered by EGNOKA are not suggested as a substitute for professional medical care.
Although the Courses, Training and Products offered by EGNOKA may assist in a number of prevention and recovery processes, as well as in the management of a number of personal, relational or wellness-related difficulties, EGNOKA does not represent or warrant that this will be the case when using Our Services. Users suffering from problems requiring medical advice should consult a physician.
Before any Course, Training or use of Products, the Customer must, if necessary, undergo a medical check-up and/or be aware of his/her physical limitations. They must inform Us of any reason for exclusion. During Courses and/or Training, the Trainer relies on his or her level of knowledge.
All health-related information, advice and other materials on the Site, whether provided by EGNOKA or contracted outside providers, are provided solely for Your information and convenience. We cannot be held responsible for any action taken as a result of or after reading or hearing Our advice and content, nor after participating in any of Our Courses or Training or using any of Our Products.
C. For Sessions
The services offered in this respect are in accordance with the legal framework applicable to Therapists.
D. For the Site
We use all reasonable means at Our disposal to ensure quality access to the Site as well as the security of the data that You transmit to Us via the Site, but do not assume any obligation of result in this respect.
We would also like to draw Your attention to the limitations and constraints of the Internet and the impossibility of fully guaranteeing the security of data exchanges. It is therefore Your responsibility to take all necessary measures to protect Yourself against unauthorized intrusions into Your information system, in particular by securing Your Internet connection with a password and security code, or by using appropriate and duly updated anti-virus software.
The information provided on Our Site is for information purposes only and does not constitute advice or a recommendation of any kind.
Consequently, the use of the information and content available on all or part of the Site does not incur Our liability in any way whatsoever.
The transfer of risk to the Customer takes place when We hand over the Products to the carrier for delivery.
XVI. Data protection
We refer You to Our Privacy Policy, which is available online and forms an integral part of these Terms.
XVII. Nullity
If any provision of the CGUV is held to be invalid or inapplicable, the provision concerned shall be modified to allow its application, the invalidity or inapplicability of this provision in no way affecting the validity or applicability of the other provisions.
XVIII. Applicable law and place of jurisdiction
These CGUV are governed by Swiss law, with the exception of the Swiss Federal Law on Private International Law (LDIP).
In the event of a dispute, the ordinary courts of the Canton of Geneva shall have sole jurisdiction.
XIX. Contact
Si Vous avez des questions au sujet des présentes CGUV, veuillez Nous envoyer un courriel à l’adresse électronique suivante : <contact@la-clinique-naturelle.ch>
Si Vous avez des questions au sujet de Notre Politique de Confidentialité, veuillez également Nous envoyer un courriel à l’adresse électronique suivante : <contact@la-clinique-naturelle.ch>.
Please find below translation of the General Terms and Conditions of Use and Sale in english.
Kindly note that the General Terms and Conditions of Use and Sale have been translated for your convienence but the french version above does prevail.
General Terms and Conditions of Use and Sale (GTCUS) of www.la-clinique-naturelle.ch website
Date of issue and effective date : 03.05.2021
Last update : 03.10.2022
EGNOKA SARL
Table of contents
I. Definitions
II. Acceptance, scope and modification of the GCUV
III. Courses, Training, Products and Sessions offered by EGNOKA
IV. Guarantees
V. Process of creating a User Account
A. General
B. Creating an Account
C. Access to the User Account
VI. How to make a reservation or place an Order
A. Booking and/or Ordering a Course, Training, Product or Session
B. Confirmation of the reservation or Order
C. Cancellation of the reservation or Order
VII. Prices and payment terms
VIII. Specific provisions for Products
A. Delivery of a Product
B. Return
C. Warranty
IX. Specific provisions for Courses
X. Specific provisions for Training Courses
XI. Specific provisions for Sessions
XII. Availability of the website
XIII. Prohibited Uses of the Site
XIV. Intellectual Property and Other Rights
XV. Liability
A. General
B. For Courses, Training and Products
C. For Sessions
D. For the Website
XVI. Data Protection
XVII. Invalidity
XVIII. Applicable law and jurisdiction
XIX. Contact
I. Definitions
GTCUS or Conditions: the present general terms and conditions of use and sale of the Site, in their version in force at the date of the Order; they are available on the Site at the URL <https://www.clinique-naturelle.ch/conditions-generales-dutilisation-et-de-vente> and duly validated by the Client when validating his/her order;
Customer: any User making a reservation, placing an Order or sending a Form through the Site;
Order: any order for a Course, Training, Product or Session (in the form of treatment packs) placed through the Site by the Customer;
User Account/Account: the personal account, of optional creation, created on the Site by a User allowing him/her to access the various Services;
Contract: the contract formed between the Customer on the one hand and EGNOKA on the other hand, consisting of the present GCUV and the Privacy Policy;
Courses: the various courses offered by Trainers in the studio, in particular Yoga, Pilates and Qi Gong;
Personal Data/Data: any data within the meaning of Article 3 letter a of the Federal Law on Data Protection ("LPD"; RS 235.1), i.e. any information relating to an identified or identifiable person;
EGNOKA/ We/ Our: the company EGNOKA Sàrl - La Clinique Naturelle, whose registered office is located at rue Jean-Sénebier 20, 1205 Geneva, operator of the Site;
Trainer(s): specialized instructor who offers Courses and Trainings;
Training(s): the various workshops and continuing education courses offered by EGNOKA;
Form: form available on the Site and filled in by the Customer so that EGNOKA can provide information based on the information provided or propose an appointment;
Delivery: delivery to the Customer's Swiss home/seat of the Product that is the subject of the Order;
Privacy Policy/Policy: the policy for managing the collection and processing of EGNOKA’s Personal Data and the purposes for which it is used, available on the Site at the URL <https://www.clinique-naturelle.ch/politique-de-confidentialite/> and validated by the Customer when creating the User Account and/or before finalising an Order or making an appointment or contact;
Payment Providers: the company PayPal whose headquarters are in San José, California (USA) and the company Stripe whose headquarters are in South San Francisco, California (USA);
Product(s): any e-commerce Product sold on the Site (gift vouchers, cosmetic products, etc.);
Session(s): the various therapies offered in return for payment at the Clinique Naturelle, which can also be purchased online in the form of treatment packs;
Services: all the services, benefits and functionalities made available by the Site (in particular, booking and/or ordering Courses, Training, Products and Sessions);
Site: the website accessible at the following URL: <https://www.la-clinique-naturelle.ch/> ;
Therapist(s): the therapists in collaboration with EGNOKA practising in the premises located at rue Jean Sénebier 20 1205 Geneva, on an independent basis, holding a specific right to practice according to their diploma and registered with the ASCA (Swiss foundation for complementary medicine), who provide the various Sessions;
User: any person accessing and browsing the Site, without having created a User Account;
Registered User: any person who has created a User Account on the Site;
You/Your/Yours: a term referring to any User or Registered User.
II. Acceptance, scope and modification of the GTCUS
By using Our Services, in particular by creating a User Account, booking or placing an Order, You agree, without reservation, to be legally bound by these GTCUS and by the Privacy Policy which forms an integral part thereof.
The purpose of the GTCUS is, in particular, to define the terms and conditions of online booking and ordering, the availability of the Site and its conditions of use.
If You do not agree to be bound by these GTCUS or by the Privacy Policy, please do not use the Site and do not use Our Services.
The GTCUS applicable to Your reservation, Your Order and Your use of the Site are those available on the Site at the time You perform any of the described acts. The Courses, Training, Products and Sessions offered on Our Site are governed exclusively by these GTCUS. EGNOKA reserves the right to make any changes to these GTCUS at any time at its sole discretion. You will be notified of any such changes by e-mail or through Your Account if You have one. The new version of the GTCUS will be posted on this page, and We will update the " Issue Date ".
Your continued use of the Services after such changes are made demonstrates Your acceptance of such changes. If You do not agree to be bound by the amended Terms, You will not be able to place any further Orders and may be required to close Your Account.
III. Courses, Training, Products and Sessions offered by EGNOKA
EGNOKA offers, through its complementary therapies center "The Natural Clinic", tailor-made support and various therapies in the field of alternative medicine, thus providing a natural response to various problems related to well-being.
Any interested person can freely browse the EGNOKA Site and, if necessary, receive information and/or request an appointment by means of an online form or by contacting EGNOKA directly using the contact details on the Site. Any User may also create a User Account and request a reservation and/or order, against payment, Courses, Training, Products and Sessions through the Site.
The various Courses allow the Customer to discover or deepen the practice of Qi Gong, Yoga and Pilates.
The various Trainings allow the Customer to follow workshops and continuing education.
EGNOKA also offers various e-commerce Products and Sessions in the form of treatment packs for purchase on its Site.
Through its sessions, in particular naturopathy, therapeutic massage or Chinese medicine, EGNOKA offers you a treatment adapted to your needs.
IV. Garantees
By creating an Account on the Site and/or by booking a Service or placing an Order, You formally undertake to:
- be at least 18 years old;
- provide accurate, current and complete information;
- maintain and promptly update the data and other information You provide to Us;
- maintain the strict confidentiality of Your password and all information relating to the security of Your Account;
- assume all risks of unauthorised access to the data and any other information or Personal Data You provide to the Site (please also see our Privacy Policy);
- not to create/maintain more than one Account; and to
- take personal responsibility for the use of your Account and the transactions carried out therein, as well as for any Orders.
V. Process of creating a User Account General
A. General
Accessing and consulting the Site as well as making appointments online is free of charge, and does not require the creation of a User Account.
If You wish to make a reservation request and/or order a Course, a Training, a Product or Sessions offered on the Site, You can either create a User Account by clicking on the quick link at the bottom of the page, or make Your reservation or Your Order as a guest, without creating an Account.
B. Creating an Account
In order to create an Account, You must click on the quick link " My Account " which appears on the Site at the bottom of the page.
When creating an Account, the User agrees to :
- provide accurate and truthful information;
- to keep his registration data up to date.
A confirmation e-mail is sent to the User to confirm the creation of his/her Account.
In the event of loss and/or fraudulent use of the User ID and/or password, the User will immediately notify EGNOKA.
EGNOKA reserves the right to suspend or terminate the User's access to his Account at any time.
C. Access to the User Account
When a User Account is created, the registered User accesses it using his login (the e-mail address indicated by the User when creating the Account) and a personal and confidential password, by clicking on the " My Account " link at the bottom of the page and registering.
The registered User understands and accepts that he/she is solely responsible for the use made of his/her Account. He/she undertakes to keep his/her login and password secret and not to disclose them in any form whatsoever. The conservation, use and transmission of the identifier and password are carried out under the User's entire and sole responsibility.
The Registered User agrees to immediately inform EGNOKA of any unauthorized use of his account, and of any breach of confidentiality and security of his login information.
The Customer agrees to use his Account in accordance with the GTCUS. EGNOKA reserves the right to suspend or delete an Account in case of proven or suspected violation of the GTCUS or for any other reason it deems legitimate.
VI. How to make a reservation or place an Order
A. Booking and/or ordering a Course, Training, Product or Session
Any User can make a booking request for a Course and/or a Session through the Site. The creation of a User Account is not a prerequisite.
Any User can directly book a Training Session online. The reservation is made for a specific Training (dates and times). The creation of a User Account is not a prerequisite.
Any User can place an Order for a Course, a Training, a Product and/or Sessions (in the form of a care package composed of several Sessions). The creation of a User Account is not a prerequisite.
To reserve or place an Order, the User must select the Course, Training, Product or Session (respectively the treatment pack), which he/she wishes to reserve or purchase on the Site, fill in the required data fields and then, if applicable, proceed with payment.
A tool for correcting the information provided for the purposes of the reservation or Order is available until final validation.
The booking request or the Order is only formally validated when You confirm Your booking request or Your Order on the payment page after the shopping cart by means of the " Send " or " Order " button.
B. Confirmation of the reservation or Order
Your booking request will be processed as soon as possible.
At the end of the booking or Order process, We will send You an email confirming Your booking or Order.
C. Cancellation of the reservation or the Order
The confirmation of the Order, by means of the " Order " button, is firm and final and cannot be cancelled by You.
Furthermore, We reserve the right to cancel Your Order at any time and without prior notice, and this without compensation to the User, for any reason whatsoever, in the event of :
- failure to pay or suspected failure to pay ;
- fraudulent payment;
- attempted fraud of any kind.
For the cancellation of a reservation, we refer to the specific provisions for Courses (ch. IX.), Trainings (ch. X.) and Sessions (ch. XI.).
VII. Prices and payment terms
The prices indicated on the Site are expressed in Swiss francs (CHF), including VAT, but do not include, for the Order of Products, the costs of postage, packaging, insurance, taxes of all types, as well as other possible costs.
The price invoiced corresponds to the price indicated to You at the time of Your Order.
The terms of payment are as follows:
- PayPal and Stripe, through the Site, with payment being debited by the Payment Provider at the time of the Order; or
- bank transfer, where the funds must be received prior to the execution of the Delivery or the date on which the Course, Training and/or the first Session of the Care Package will take place.
You expressly authorise Us to bill You and charge Your credit card for Courses, Training, Products and Sessions (in the form of treatment packs) ordered.
Credit card information is processed and stored by our Payment Providers, We do not process or store any credit card information or Your geolocation.
Payment services that may be used for Orders on Our Site are provided by Our Payment Providers.
PayPal is subject to the Payment Card Industry Data Security Standards (PCI DSS) which include the terms of service for online payment. By agreeing to these GTCUS or using the Site Services, You agree to be bound by PayPal's terms and conditions of use, as they may be amended from time to time by PayPal. Because the Site allows payments to be made via PayPal, You agree to provide Us with accurate and complete information about You and Your business, and authorise Us to share this information as well as information about transactions made via the payment solution provided by PayPal.
Stripe is subject to the Payment Card Industry Data Security Standards (PCI DSS), which includes the online payment terms of service. By agreeing to these GTCUS or using the Site Services, You agree to be bound by Stripe's terms and conditions of use, which may be amended from time to time by Stripe. Because the Site allows payments to be made via Stripe, You agree to provide Us with accurate and complete information about You and Your business, and authorise Us to share this information and information about transactions made via the payment solution provided by Stripe.
Please also see our Privacy Policy regarding Your Personal Information.
In the event of a dispute over an amount debited by Us, the Customer agrees to contact Our customer service department before making any objection to the credit card issuer or notifying the Payment Provider of a claim.
VIII. Specific provisions for Products
A. Delivery of a Product
The Product is delivered to the delivery address in Switzerland communicated by You, according to the terms and conditions depending on the delivery method You chose when placing the Order.
The delivery times indicated on the quote are purely indicative. The actual delivery date is not guaranteed, unless a firm deadline is expressly indicated, and depends on the actual supply and delivery possibilities of Our suppliers.
We reserve the right to make partial deliveries or partial services at any time. If a Product is temporarily or permanently unavailable, We will inform the User by e-mail or telephone without delay, so that the User can choose one of the following options:
- Receive an amended Order with a Product comparable in price and quality;
- Cancel the Order insofar as it relates to the unavailable Product, free of charge.
Delivery charges are quoted to You prior to confirmation of Your Order.
The cost and risk of delivery of the Product shall be borne by You.
Any price reduction between the date of the Order and the date of Delivery shall not apply to any Product that has not yet been delivered, the date of the Order being conclusive.
The Product is delivered as shown on the Site, in the packaging or minimum quantities indicated.
B. Return
No return of the Products is possible. In the event of defects in the Products, the warranty section of these GTCUS shall apply exclusively.
C. Waranty
The Products are guaranteed for two years. The period starts from the moment the Product is handed over to the Customer.
In the event of defects, the Customer must notify Us immediately by e-mail to <contact@la-clinique-naturelle.ch> or by registered letter.
EGNOKA undertakes to replace the defective Product. The delivery of the replacement Product does not extend the warranty period.
The Customer understands and accepts that, when a repair or exchange is possible, he expressly waives the redhibitory (price refund) or minutory (price reduction) action.
IX. Specific provisions for courses
The Customer may purchase Courses online. To book a date and time, the Customer must contact EGNOKA directly or make a booking request online.
Your appointment booking is only valid after EGNOKA has sent You a written confirmation.
If You are unable to attend on the date and time agreed for a Course, please inform Us 24 hours in advance by telephone and/or by email to <contact@la-clinique-naturelle.ch>.
If You cancel your appointment less than 24 hours, You will be charged for the Course booked.
If EGNOKA has to cancel or postpone a Course, You will be notified as soon as possible and a new appointment is made. No compensation is possible.
If You arrive at Your Course late, the Course You have booked will be shortened by the same amount and no compensation will be possible.
If one of Our Trainers arrives late, the Course is automatically extended or, if this is not possible, a new appointment is made. No compensation is possible.
X. Specific provisions for Training Courses
The Customer can purchase Training courses online. He/she directly books the Training (dates and times) he/she wishes to attend online.
Your reservation of Trainings is only valid from the moment EGNOKA has sent You a written confirmation.
If You are unable to attend the Training, please inform Us at least 45 days before the start date of the Training by telephone and/or by email to <contact@la-clinique-naturelle.ch>.
If you withdraw between 44 days and 30 days before the start of the Training, 50% of the Training fee is due.
If the withdrawal is made less than 30 days before the start of the Course, the full amount of the Course is due.
A Training Course already started is due in full, regardless of the reason for withdrawal and the number of hours already attended. EGNOKA reserves the right, however, to give the Customer the opportunity to attend the missed Training hours at a future session, free of charge and subject to availability.
In case of illness or accident, and upon presentation of a medical certificate, the Training already started may be interrupted and resumed at the next opportunity, at no additional cost.
If the number of registered participants is insufficient or if the course cannot be given for other reasons (federal or cantonal ruling etc.), EGNOKA reserves the right to cancel or postpone the course. In this case, the price of the Training will be refunded or carried over to the next session.
If You wish to be reimbursed for the price of the Training, You must send a written request for reimbursement, together with Your IBAN number of Your banking institution, to Our postal address EGNOKA Sàrl – La Clinique Naturelle, 20, rue Jean-Sénébier, 1205 Geneva or to Our e-mail address <contact@la-clinique-naturelle.ch>.
EGNOKA will refund the prize within 15 days of receipt of Your request.
EGNOKA reserves the right to use other trainers than the ones initially planned.
XI. Specific provisions for Sessions
The Customer can purchase Sessions (in the form of treatment packages) online. To book a date and time, the Customer must contact EGNOKA directly or make a booking request online.
Your appointment booking is only valid after EGNOKA has sent You a written confirmation.
If You are unable to attend on the agreed date and time for a one-hour Session, please inform Us 24 hours in advance by telephone and/or by email to <contact@la-clinique-naturelle.ch>.
If You are unable to attend on the agreed date and time for a Session lasting more than one hour, please give Us 48 hours’ notice by telephone and/or email at <contact@la-clinique-naturelle.ch>.
If You cancel your appointment less than 24 hours, respectively 48 hours in advance, You will be charged for the Session booked.
If EGNOKA has to cancel or reschedule an appointment, You will be notified as soon as possible and a new appointment will be scheduled. No compensation is possible.
If You arrive late to Your appointment, the Session You have booked will be shortened by the same amount and no compensation will be possible.
If one of Our therapists arrives late, the appointment is automatically extended or, if this is not possible, a new appointment is made. No compensation is possible.
XII. Availability of the website
While We strive to provide You with the best, We cannot promise that Our Site will always be available. We cannot guarantee that the Site will be free of defects.
If an error occurs on Our Site, please notify Us at <contact@la-clinique-naturelle.ch> and We will attempt to correct the error within a reasonable time. We may suspend access to the Site while We try to resolve the problem. We will not be liable to You if the Site is unavailable for any period of time:
- Your access to the Site may be restricted from time to time to allow for repairs, maintenance or the installation of new facilities. We will try to restore the Site as soon as possible.
- The content of Our Site is subject to change. We reserve the right to discontinue Our Site without notice or recourse to You.
XIII. Prohibited uses of the Website
You agree not to:
- upload, post, email, transmit or otherwise introduce onto the Site any material and/or files containing computer viruses or other malicious computer code and not to engage in any action such as overloading, flooding, spamming or mail bombing;
- to test in any way the vulnerability of the Site, to circumvent or violate security or authentication measures in place, or not to seek to trace or retrieve any information about other Users;
- use any deep-link, page-scrape, robot, spider, or other device, whether automatic or manual, to access, acquire, copy, or monitor any portion of the Site, or You will not in any way attempt to reproduce or circumvent the navigational structure or presentation of the Site or any Content, or obtain or attempt to obtain any materials, documents or information through any means not intentionally made available through the Site
- access, or attempt to access, any EGNOKA server, or any of the Services offered on or through the Site, by hacking, password mining, or other illegitimate means.
XIV. Intellectual property and other rights
The Intellectual Property Rights and any other proprietary rights in the content presented by the Site (including, but not limited to, the software, graphics, images, videos, information and their selection and arrangement) remain Our exclusive property or the property of the rights holders. The logos, graphics, page headers, button icons, text and names of the Courses, Products and Sessions presented on the Site are part of EGNOKA's trade dress and are protected by EGNOKA's Intellectual Property Rights. All Intellectual Property Rights are owned by EGNOKA, unless otherwise stated.
The domain name on which the Site is hosted is the exclusive property of EGNOKA. Users are not allowed to use or adopt a similar name for their own use.
XV. Liability
A. General
In general, the Customer understands and accepts that Our liability on any grounds whatsoever, in particular but not exclusively with regard to Courses, Training, Products and Sessions, is excluded to the fullest extent permitted by law (art. 100 CO). In any case, the damage is limited to the amount of the Order or the sum of CHF 100 (one hundred Swiss francs).
Furthermore, EGNOKA shall not be liable for any damages resulting from incomplete declaration or concealment of a reason for exclusion by a customer. This also applies if the reason for exclusion was not known to the customer and not visible to EGNOKA staff.
The Customer is not insured against accidents that may occur while using Our Services.
EGNOKA cannot be held responsible for any theft or damage to the Customer's personal effects, clothing or equipment.
B. For Courses, Training and Products
EGNOKA offers Courses, Training and Products in the field of health and wellness.
We do not provide medical advice. You understand and agree that the Courses, Training and Products offered by EGNOKA are not suggested as a substitute for professional medical care.
While the Courses, Training and Products offered by EGNOKA may assist in a number of prevention and recovery processes, as well as in the management of a number of personal, relationship or wellness-related difficulties, EGNOKA does not represent or warrant that this will be the case when using Our Services. Users with conditions requiring medical advice should consult a doctor.
Prior to any Course, Training or use of Products, the Customer should, if necessary, undergo a medical check-up and/or be aware of his/her physical limitations. They must inform Us of any reason for exclusion. During the Courses and/or Training, the Trainer relies on his level of knowledge.
All health-related information, advice and other materials on the Site, whether provided by EGNOKA or by contracted outside providers, are provided solely for Your information and convenience. We cannot be held responsible for any action taken as a result of or after reading or hearing Our advice and content, or after attending any of Our Courses or Training or using any of Our Products.
C. For sessions
The services offered in this respect are provided in accordance with the legal framework applicable to Therapists.
D. For website
We use all reasonable means at Our disposal to ensure quality access to the Site as well as the security of the data that You transmit to Us via the Site, but we do not assume any obligation of result in this respect.
We also draw Your attention to the limitations and constraints of the Internet network and the impossibility of guaranteeing the total security of data exchanges. It is Your responsibility to take all necessary measures to protect Yourself against unauthorised intrusions into Your information system, in particular by securing Your Internet connection with a password and a security code or by using appropriate and duly updated anti-virus software.
The information made available on Our Site is for information purposes only and does not constitute advice or a recommendation of any kind.
Consequently, the use of the information and content available on all or part of the Site does not incur Our liability in any way whatsoever.
The transfer of risks in favour of the Customer takes place at the moment when We hand over the Products to the carrier for delivery.
XVI. Data protection
We refer You to Our Privacy Policy, which is available online and forms part of these Conditions.
XVII. Invalidity
If any provision of the GTCUS is held to be invalid or unenforceable, the provision concerned shall be modified to allow its application, the invalidity or unenforceability of that provision not affecting the validity or enforceability of the other provisions.
XVIII. Applicable law and jurisdiction
The present GTCUS are subject to Swiss law, with the exception of the Federal Law on Private International Law (LDIP).
In the event of a dispute, the ordinary courts of the Canton of Geneva shall have exclusive jurisdiction.
XIX. Contact
If You have any questions about this GTCUS, please email Us at <contact@la-clinique-naturelle.ch>.
If You have any questions about Our Privacy Policy, please also email Us at the following email address: <contact@la-clinique-naturelle.ch>.