General Terms and Conditions for Individuals & Professionals

Preamble

These general terms and conditions of sale apply to all service contracts concluded on the Performance outside the box website.

The Performance outside the box website is a service of Delphine Choukroun’s firm, located in Cap d’Ail in France.

• Website URL: https://performanceoutsidethebox.com/
• Email address: contact@performanceoutsidethebox.com
• Phone number: +33 (0)9 52 67 99 88

Definition: 

• Seller = Service Provider Delphine = Firm
• Buyer = Client = Consumer

The buyer, whether an individual or a professional, declares to be aware and accepted the general terms and conditions of sale prior to placing the order. 
Order validation therefore constitutes acceptance of the general terms and conditions of sale.

Article 1 – Content and Scope

These general terms and conditions of sale automatically apply to the following services: 

Online consultations, professional training, skills assessments, professional and personal coaching, business coaching, group coaching, on-site and remote support in various formats.

They apply for sales on the internet or prior on-site intervention. 
The sale is deemed concluded on the date of acceptance of the estimate or at the immediate purchase on the website by the seller.

Any acceptance of an estimate or immediate online purchase implies unconditional adherence to these general terms and conditions of sale, which prevail over any other conditions, except those expressly accepted by the seller.

The buyer declares to have read these general terms and conditions of sale and accepted them before making an immediate purchase or placing an order.

Unlike the individual buyer, these terms and conditions only concern services performed in France for professional buyers located in French territory. 
For any service with a professional performed outside of France, or for a professional buyer located outside of France, it is necessary to indicate this to obtain a specific quote.

Article 2 – Pre-contractual Information

Prior to immediate purchase online by placing an order or concluding a contract with signature, these general terms and conditions of sale are communicated to the buyer, who acknowledges having received them.

The following information is clearly and understandably communicated to the buyer:

• the essential characteristics of the service;
• the price of the service or the method of calculating the price and any other possible fees;
• the date or deadline by which the provider Delphine undertakes to perform the service, regardless of its price, and any other contractual conditions;
• information regarding the identity of the firm, its postal, telephone and electronic contact details, and its activities;
• the procedures provided for the processing of complaints;
• the duration of the contract, when concluded for a fixed term, or the conditions for its termination in the case of an indefinite contract;
• regarding digital content, any relevant interoperability of this content with certain hardware or software of which the service provider Delphine has or should reasonably have knowledge.

The Performance outside the box firm must also communicate to the buyer, or make available to him, the following information:

• legal status and legal form, contact details allowing for quick contact and direct communication with the firm;
• if applicable, the registration number in the Trade and Companies Register;
• for activities subject to an authorization regime, the name and address of the authority that issued it;
• for the service provider Delphine subject or not to value added tax and identified by an individual number in application of article 286 ter of the General Tax Code, her individual identification number;
• for the service provider Delphine who is a member of a regulated profession, the name of her firm, the EU Member State in which it was granted, and the name of the order or professional body with which she is registered;
• any financial guarantee or professional liability insurance taken out by him, the contact details of the insurer or guarantor as well as the geographical coverage of the contract or commitment.

Article 3 – Order

By order, it is meant any order for the services listed on the seller’s price list and accepted by a payment of the purchaser, that can begin with a deposit indicated in the estimate.
To be valid, any order must be placed on the seller’s order forms, available to customers.

Any validated order constitutes acceptance of the prices and descriptions of the services offered.

On the website, the customer must accept, by clicking in the indicated place, these general terms and conditions of sale and the obligation to pay for the services ordered.

In an estimate, the customer must sign and give an agreement to validate the contract.

Contrary to the professional client, the individual buyer has a right of withdrawal of 14 days from the conclusion of the contract, except as provided by article L.211-28 of the Consumer Code. 
Indeed, if the individual customer buys a service from Delphine’s firm and receives the purchased service before the 14-day period, the right of withdrawal does not apply.

Article 4 – Estimate

For services requiring the establishment of a prior estimate, the sale will be considered final only after the agreement of the estimate with signature of the buyer.
Estimates prepared by the Performance outside the box firm have a validity period of 30 days.

Article 5 – Execution of the Service and Contract Resolution

The services governed by these general terms and conditions are those listed on the Performance outside the box website and indicated as being performed by Delphine or under her control. 
They are offered subject to her availability. 

The services are described and presented as accurately as possible. However, if errors or omissions have occurred in this presentation, the responsibility of Delphine’s firm cannot be engaged.

For services performed in Metropolitan France, the deadline is seven working days from the day following the date of the appointment or the start of the mission.

In case of delay, Delphine as the service provider cannot be held responsible, for any reason whatsoever. Consequently, no claim for any nature of compensation can be claimed by the buyer.

In the event of unavailability of Delphine to perform the service, the buyer will be informed as soon as possible and will have the option to cancel the order. The buyer will then have the option to request a refund of the sums paid within 30 days at the latest from their payment.

Delphine may also refuse to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered.

Regarding the terms of performance, it is carried out either remotely or on-site at the client’s address. 
The service is performed at the address indicated by the buyer on the estimate, which may differ from the billing address. 
The buyer must ensure his accuracy. Any wasted trip by Delphine due to an incorrect or incomplete address will be billed to the buyer.

The buyer must provide access to Delphine, especially if he is not personally present on the day of the service performance.

The end of the service will result in a document of intervention completion. 

The buyer must indicate on this document and in the form of handwritten reservations accompanied by his signature any anomaly concerning the service or the conditions of its performance. 

This verification is considered to have been carried out as soon as the buyer, or a person authorized by him, has signed the intervention completion document.

Article 6 – Withdrawal Period and Refund

For the professional client, purchasing for the purposes of his profession, the right of withdrawal provided by the Consumer Code does not apply.

For the individual client, the buyer has a withdrawal period of 14 days from the conclusion of the contract. Delphine must reimburse the buyer for all sums paid, no later than 14 days from the date on which she is informed of the buyer’s decision to withdraw (Consumer Code, article L. 221-24), unless justified delay.

In accordance with article L. 242-4 of the Consumer Code, when the seller has not reimbursed the sums paid by the buyer, the sums due are automatically increased:

• at the legal interest rate if the reimbursement is made no later than 10 days after the expiry of the 14-day period mentioned above,
• by 5% if the delay is between 10 and 20 days,
• by 10% if the delay is between 20 and 30 days,
• by 20% if the delay is between 30 and 60 days,
• by 50% between 60 and 90 days,
• and by an additional five points per new month of delay up to the price of the product, then at the legal interest rate.

Cancellation of the order after the withdrawal period of the individual client: After the 14-day withdrawal period, no refund will be made except in case of force majeure.

Article 7 – Prices

The prices of the services provided are those listed on the website or on the estimate sent to the client. 
They are expressed in the legal currency of the country of the Performance outside the box firm in France and are stipulated all taxes included.

Delphine offers price reductions to thank her loyal customers and those who refer new clients. 

By indicating the promo code mentioned or by noting during the booking that it is not a first appointment with Delphine, the client receives a price reduction directly on the website. Also, she offers a 50% discount to those who are unemployed.

Regarding Delphine’s support, she recommends an initial appointment with the client to assess his expectations and better set a selling price.

The prices indicated on the website may include or exclude VAT at the rate applicable in the seller’s country. Please note that tax regulations may vary, and the VAT policy is subject to change depending on legal requirements.

In accordance with the legislation in force within the European Union, the default place of taxation for commercial transactions with individuals (B2C) is the seller’s one and with professional clients (B2B) the one of the buyer.

Article 8 – Payment

All payment transactions on the website require full payment of the service when making the online appointment.

The online provision of the buyer’s bank details, and the final validation of the order shall constitute proof of the buyer’s agreement for:

• the amounts due under the order form;
• express acceptance with signature of all transactions carried out.

An order verification procedure is implemented to ensure that no one uses another person’s bank details without their knowledge.

As part of this verification, the buyer may be asked to send, by fax or email to Delphine a copy of an identity document as well as proof of residence. The order will then be validated only after receipt and verification by her of the documents sent.

In the event of fraudulent use of bank details, the buyer is asked, as soon as this use is detected, to contact Delphine at the headquarters of the Performance outside the box firm in France: + 33 (0)9 52 67 99 88.

For other services that require a signed estimate with the client’s agreement to accept the commercial transaction, a deposit may be requested via bank transfer to validate the contract. 
The deposit is calculated according to the following terms: 60% of the total price.

Except in cases of force majeure, any cancellation of the order by the buyer beyond a period of 7 days after the date of the order will not entitle to the refund of this provisional deposit.

For any order placed, regardless of the payment process, online banking or bank transfer payment via an estimate, an invoice is issued to the buyer.

When the individual client pays an order online, a customer account is automatically created, where orders and payments are listed. 

Indeed, archiving of the order forms and invoices is indicated in the member account (“membership access“) in addition of the email of confirmation.

In accordance with the law, any late payment of an invoice also issued by estimate requires Delphine to invoice late penalties.

The rate of late penalties is set on the basis of the minimum legal rate; furthermore, the debtor in arrears will be required to pay Delphine a flat-rate indemnity for recovery costs of 40 euros; in addition, she will be entitled to suspend the execution of her services until full payment of the unpaid invoice without this non-performance being considered attributable to her.

Article 9 – Guarantees & Obligations

As a provider of intangible services, the services provided by Delphine, within her firm “Performance outside the box”, are not subject to the legal guarantee of conformity as defined by the Consumer Code, nor to the guarantee of hidden defects that may affect a sold item, in accordance with Articles 1641 and following of the Civil Code.
However, she undertakes to provide her services in a professional manner and to ensure that her services are conducted with competence and diligence.

Provider’s Obligations

The provider Delphine’s commitments constitute an obligation of means, according to which the services will be performed in strict compliance with professional standards and, if applicable, according to the conditions of the contract.

If the service requires specific technical skills, the provider Delphine will inform the buyer about the possibility of subcontracting part of it. The subcontractor will then intervene under the sole responsibility of the provider and undertake to keep confidential all information to which he has access during the services.

In any case, if the provider Delphine’s liability is established, her guarantee will be limited to the net amount paid by the buyer for the provision of services.

Buyer’s Obligations

To facilitate the proper performance of the services, the buyer agrees to: 

• Give to Delphine complete, accurate, and timely information and documents; 
• Make decisions within the deadlines and obtain necessary hierarchical approvals; 
• Designate a correspondent with decision-making power; 
• Ensure that key contacts and the correspondent are available throughout the execution of the services; 
• Directly notify the provider Delphine of any possible difficulties regarding the execution of the services.

Article 10 – Information and Advertising

The buyer acknowledges and accepts8 that: 

– the parties may correspond or transfer documents by email circulating on the internet unless expressly requested otherwise by the other party; 

– neither party has control over the capacity, reliability, access, or security of these emails; 

– the provider Delphine cannot be held responsible for any loss, damage, expenses, or prejudice caused by the loss, delay, interception, diversion, or alteration of any email caused by anything.

In general, the parties undertake to comply with the regulations applicable to the protection of personal data, particularly the provisions of Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms.

Confidential Information

Each party undertakes not to disclose confidential information received from the other party. 

Confidential information includes information of any kind, visual or oral, on any medium whatsoever, relating to the structure, organization, business, various internal policies, projects, and personnel of each of the parties.

Subject to the exceptions set out below, this confidentiality obligation shall apply for the following period: All private exchanges with Delphine are and remain confidential.

Also confidential are the contents of the services as well as the reports, letters, information, notes, estimates, provided by the provider Delphine during the execution of the services.

These documents are provided to the buyer for strictly internal use and on the condition that they are not disclosed to third parties or annexed to a document that he may produce.

If the buyer wishes all or part of these documents to be disclosed to/or used by a third party, he must request prior written authorization from the provider Delphine. Terms applicable to this disclosure will then be set.

Excluded Information

The obligations and restrictions set out above do not apply to: 

• Confidential information that belongs to the public domain or has been acquired freely before the start of the service; 
• Information that becomes known otherwise than as a result of a breach of this article; 
• Information that becomes known through other sources not subject to a disclosure restriction; 
• Or must be communicated under a legal or professional obligation or at the request of any judicial or regulatory authority empowered to demand the disclosure of confidential information.

Subject to her confidentiality obligations, the provider Delphine reserves the right to perform services for companies and firms competing with that of the buyer.

Article 11 – Intellectual Property

All technical documents, products, drawings, photographs provided to buyers remain the exclusive property of Delphine Choukroun, the sole holder of intellectual property rights over these documents and must be returned to her upon request.

Buyers undertake not to use these documents in a way that could infringe on the industrial or intellectual property rights of the supplier and agree not to disclose them to any third parties.

If any of the provider’s recommendations or the use of elements delivered following one of her recommendations involve the use of goods, models, designs, photographs, etc., subject to intellectual property rights belonging to third parties, the provider Delphine will inform the buyer of the existence of these rights and the consequences of their use. 

It is then up to the buyer, and under his sole responsibility, to take any measures allowing the use of such rights, in particular by negotiating for his own account the rights to use them under conditions that the provider Delphine can invoke for the needs of the services.

For the specific needs of the services, the provider Delphine may use or develop software, including spreadsheets, documents, databases, and other computer tools. 

In some cases, these aids may be made available to the buyer and at his request. To the extent that these tools have been developed specifically for the provider’s needs and regardless of the buyer’s specific needs, they are made available to the buyer for the duration of the contract as is and without any attached warranty, for use only; they must not be distributed, shared, or communicated to third parties, in whole or in part.

This temporary provision shall not entail any transfer of rights or warranty, whatever its title, in favor of the buyer or a third party.

The provider Delphine reserves all rights, title, and interest in: 

• The original elements appearing in the works, documents, memos, consultations, opinions, conclusions, or other procedural acts, etc., carried out as part of the services, including, but not limited to, any copyright, trademark, and any other related intellectual property right;
• All methods, processes, techniques, developments, and know-how incorporated or not into the services or which the provider Delphine may develop or provide as part of the services.

The buyer may, without geographical limitation, free of charge and irrevocably, use internally and for the duration of protection by copyright, the elements designed by the provider Delphine and integrated into his works.

The buyer undertakes not to distribute, market, and more generally make available or grant the use of these same achievements and more generally grant the use of these same elements to third parties without the provider’s consent.

Neither party may mention or use the name, business name, trademarks, and logos or other designations, commercial or otherwise, of the other party without the prior written consent of the latter.

Notwithstanding the foregoing, the provider Delphine may use the name, business name, trademarks, and logos of the buyer during the contract insofar as it is strictly necessary for the performance of the services, including in proposals for subsequent services.

Furthermore, the buyer authorizes the provider Delphine, upon completion of the services, to mention his name/business name as a reference and accompany this mention, if applicable, with a generic description of the services performed.

Article 12 – Independence

In the event of a conflict of interest or an independence issue arising during the performance of the services, the provider Delphine will immediately inform the buyer and seek with him the most appropriate solution to the situation in compliance with the applicable rules.

If a change in regulations or professional standards prevents the provider Delphine from continuing her services, she will make available to the buyer the result of the services as well as all documents necessary for their completion, including her documents as they are, in order to facilitate their continuation by a third party.

Article 13 – Provider’s Liability

The provider’s entire liability for any breach, negligence, or fault found during the performance of the services shall be limited to the amount of the fees paid for the services in question, to cover claims of any kind (including interest and costs), regardless of the number of actions, legal grounds invoked, or parties to the disputes.

This provision shall not apply to liability for death or personal injury, nor to any other liability that the law prohibits excluding or limiting.

The provider’s liability can only be incurred in the event of proven fault or negligence and is limited to direct damages excluding any indirect damages of any kind.

Furthermore, the provider Delphine’s liability cannot be incurred in the following cases: 

• Following a breach or a failure of a service not incumbent upon her; 
• For facts and/or data that are not within the scope of her services, and/or that are not their extension; 
• In case of use of the results of the services, in a different context from the one in which she intervenes, of incorrect implementation of the recommendations, or failure to take into account the provider’s reservations.

The provider Delphine is not liable to insurers or for indirect damages, loss of profit, loss of opportunity or expected profits, or the financial consequences of actions possibly taken by third parties against the buyer.

Article 14 – Mediation and Dispute Resolution

The parties undertake to seek an amicable solution to any dispute that may arise from the performance of the services.

The buyer is therefore asked to contact Delphine Choukroun first to settle the dispute amicably.

All claims, whether amicable or judicial, relating to the performance of the services must be made within one year from the end of the service.

For professional clients, 

all disputes arising from the purchase and sale transactions concluded under these general terms and conditions of sale, concerning their validity, interpretation, execution, termination, consequences, and follow-up that could not be resolved amicably between the seller and the client, will be submitted to the competent courts under the conditions of common law.

For the definition of the competent jurisdiction, the seller lives in Cap d’Ail, France.

For private buyers, 

if an amicable solution is not satisfactory, the private customer may resort to French conventional mediation, notably with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

In case of dispute, the private buyer may contact the following mediator: FEVAD, BP 20015, 75 362 PARIS CEDEX 8, mediateurduecommerce@fevad.com.

If the solution could not be found satisfactory through a mediator, the private buyer may pursue a judicial procedure. 

In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent, extrajudicial resolution of online disputes between private consumers and businesses in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

Article 15 – Force Majeure

All circumstances beyond the parties’ control preventing the normal performance of their obligations are considered causes of exemption from the parties’ obligations and result in their suspension.

The party invoking the above circumstances must immediately notify the other party of their occurrence, as well as their disappearance.

Force majeure events include any irresistible, external circumstances, unpredictable, unavoidable, independent of the parties’ will, and which cannot be prevented by them, despite all reasonably possible efforts.

Expressly considered force majeure or fortuitous events, in addition to those usually recognized by the French courts and tribunals: blocking of means of transportation or supplies, earthquakes, fires, storms, floods, lightning, cessation of telecommunication networks, or difficulties specific to telecommunication networks external to the clients.

The parties will come together to examine the impact of the event and agree on the conditions under which the contract will be continued.

If the force majeure event lasts for more than three months, these general terms and conditions may be terminated by the injured party.

Article 16 – Partial Non-Validation

If one or more provisions of these general terms and conditions are deemed invalid or declared as such in application of a law, regulation, or following a final decision of a competent court, the other provisions shall remain in full force and effect.

Article 17 – Protection of Personal Data

To learn about the personal data collected on the site, understand the purpose of its use, and its sharing with third-party companies, please refer to the Privacy Policy Page.

The website implements security and privacy measures for your personal data and user rights in accordance with personal data regulations. See the General Terms of Use (GTU) page.

Article 18 – Contract Language

These general terms and conditions of sale are written in French. 

In the event of translation into one or more foreign languages, only the French text shall prevail in case of dispute.

Article 19 – Applicable Law

These general terms and conditions are subject to French law. 
This applies to both substantive and procedural rules. In the event of a dispute or claim, the buyer shall first contact the seller to seek an amicable solution.

Evolution of this clause 

The website reserves the right to make any changes to this clause regarding the protection of personal data at any time.

If a modification is made to this clause on the protection of personal data, the website undertakes to publish the new version on its site.

The website will also inform users of the modification by email, at least 15 days before the effective date.

If the user does not agree with the terms of the new version of the personal data protection clause, he has the option to delete his account.

Last update: March 2024