GENERAL TERMS AND CONDITIONS OF SALE (hereinafter the "GTS")

1- DEFINITION

For the purposes hereof, the following terms are defined as follows:

1.1 – Pack or Card: a pack (or card) includes a variable number of lessons and can be supplemented by an additional offer (e.g. extension of the validity date) or modified (e.g. change of city).

1.2 – Subscription: subscription contract providing for a certain number of lessons per 4-week period.with or without commitment. It is automatically renewed every 4 weeks by tacit agreement, on a credit card or bank account. Cancellation subject to conditions; full details of the contract (GTC) can be found on the Site before and after purchase. The subscription may be modified at the customer’s request in the event of a change of city.

1.3 – Tariff: refers to the financial conditions relating to the purchase of a pack, a subscription, a discovery course or any other offer at the tariff (normal or promotional) proposed by Swim Stars.

1.4 Customer: the beneficiary of the purchase, i.e. either the student or a third party.

1.5 Coach: a professional state-qualified lifeguard selected by Swim Stars through a strict recruitment process enriched by ongoing training in Swim Stars pedagogical programs and standards.

2- INTRODUCTION

2.1 The GCS exclusively govern the contractual relationship between any Customer of the Swim Stars website (hereinafter the “Customer” or “You”) and the company Green Hope (Swim Stars brand), a simplified joint stock company with a capital of 5,000 euros, headquartered at 128 rue de la Boétie – 75008 PARIS and registered in the Paris Trade and Companies Register under number 88906946400010; Intra-Community VAT number FR 83 889 069 464 (hereinafter referred to as “Swim Stars” or “We”) publishing the website: www.-es-swimstars.pf20.wpserveur.net (hereinafter the “Site”). The GCS supersede all other terms and conditions, unless expressly agreed otherwise in writing. Swim Stars may from time to time modify some of the provisions of its General Terms and Conditions; it is therefore necessary that the General Terms and Conditions be reread by the Customer before each order via the Site. These modifications are enforceable from the moment they are posted online, and cannot be applied to orders placed previously. Each order placed on the Site is governed by the GCS applicable at the date of said order. We consider that by validating your order, you unreservedly accept our GCS after having read them. By accessing the Site, you agree to abide by the T&Cs.

2.2 In the case of an order placed with a third-party vendor partner of Swim Stars present on the Site and identified as such, the Terms and Conditions applicable to such an order will be those of the partner (accessible on the partner’s page on the Site). You will have to read and formally accept them in order to finalize your order with the Swim Stars partner.

3- PLACE AN ORDER

3.1 – To place your order, we provide you with our purchase site accessible 24/7 via the site -es-swimstars.pf20.wpserveur.net or the Swim Stars mobile application.

3.2 – The procedure for placing orders on the Site includes the following stages: (i) Selection on the Site of a product for sale ; (ii) Once you have made your choice, a summary of the product details, its eligibility, the general terms and conditions of sale (GTCS) and the total price of the product will be displayed before you validate your basket, choose your payment method and finally register your order by clicking on the “Buy” button.

3.3 – In the case of payment by SEPA direct debit, the payment will be final once it has been accepted by your bank. In the case of payment with a promotional code, the code must be entered and the “+” sign clicked to activate the code and apply it to the basket.

3.4 – Once your order has been definitively validated (in accordance with French Law no. 2004-575 of June 21, 2004 on confidence in the digital economy), you will receive an email summarizing your purchases. Details of your purchases are also available on your account, and your invoices can be downloaded.

4- PRICES

The sales prices indicated on the Site are in euros and include all taxes. Their total amount is indicated at the end of the order process, in addition to the price of the products selected, before confirmation of its acceptance by the Customer.

We reserve the right to modify our prices at any time, but we undertake to apply the prices indicated on the Site at the time of your order.

We inform you that in the event of the display of an erroneous and obviously derisory price, whatever the reason (computer bug, manual error, technical error…), the order – even if validated by us – will be cancelled and you will be informed as soon as possible. You will then be able to reorder at the correct price, if you wish.

5- AVAILABILITY

Swim Stars is made up of a network of partner pools and independent swimming instructors (“coaches”). We are subject to the availability of these partners. We undertake to honour your order within the limits of this availability and to propose solutions when possible (pool closure, absence of a coach, change of time slot…).

6- PAYMENT

6.1 Payment options

Swim Stars offers the following payment methods:

1. Payment by credit card (CB, Visa, Mastercard, AMEX): your order is debited upon confirmation.

2. SEPA Direct Debit

3. ANCV vacation vouchers and ACTOBI coupons (cf.  procedure )

4. Credit note (handling by customer service only)

See details of  means of payment .

6.2 Payment security

Online payment by credit card is made through Stripe. The data recorded by the Stripe payment system constitutes proof of the financial transactions carried out by credit card. Stripe does not transmit credit card data to Editions Législatives. This approach is part of our drive to combat online payment fraud and protect all consumers.

8- CANCELLATION

In the event of an absence, the customer must cancel the reservation directly from the student’s account in order to prove the absence and free the place for someone else.

Cancellations cannot be made by telephone. See how to cancel or modify your reservation.

If a minimum of four (4) hours’ notice is given before the time of the lesson booked (e.g. before 9.55 a.m. if the lesson is at 2 p.m. on the same day), the lesson is cancelled free of charge and will be automatically credited back to the student’s account. A new booking can be made immediately via the course schedule.

In the event of cancellation of a reservation within the four (4) hour time limit, the cancelled course is forfeited.

Only a medical certificate in the student’s name can be used to recover lost course credit.

Unless there is a technical problem, an automatic confirmation email is sent after each course cancellation.

In the event of cancellation of a course by Swim Stars, the course credit is automatically re-credited and can be re-booked by the customer.

9.1- PERIOD OF VALIDITY

The validity start date of a product corresponds to the purchase date (for course or pack cards) or the billing date chosen by the customer (for subscriptions).

Course cards (or packs) have a limited validity period, displayed at the time of purchase.

You can compare offers.

9.2- POSTPONEMENT AND REIMBURSEMENT

Failure to use course credits during their period of validity will not give rise to reimbursement of said unused courses by the Customer.

The duration of course cards (or packs) may be extended in the event of exceptional pool closures (e.g. COVID 19), excluding summer vacations and the Christmas period.

The validity date of a course or membership card may be extended free of charge in the event of physical inability to practice the sport for more than one (1) month. A written request must be accompanied by a medical certificate specifying the duration of the inability to teach swimming. The request must be made before the course credits expire. Otherwise, the application will be inadmissible.

In the event of the definitive closure of a pool in our network, the customer can benefit from a credit note valid for 1 year and refundable beyond this period if no pool has reopened within a radius of 15 kilometers from the location of the previously closed pool.

Any request for reimbursement following the definitive closure of a pool when another pool is located less than 15 kilometers away will be systematically refused. A credit note may be issued at the discretion of Customer Service.

Any request for a refund following a temporary closure of the pool (government measures, decision of the partner…) will be refused, and the customer will benefit exclusively from a suspension or postponement of the course free of charge.

In the event of relocation, a subscription contract may be terminated early with proof (employer’s certificate, lease) if the network’s pool(s) is (are) not accessible within a 15-kilometer radius.

Also in the event of a move, any remaining credits on a course pack cannot be reimbursed.

Swim Stars may add or remove new features at any time. A change of schedule or activity does not imply a refund (unless the cancellation is made within the deadline), as new slots are regularly added.

10- LOGISTICAL AND TECHNICAL RESPONSIBILITIES

Swim Stars acts as a service provider subject only to an obligation of means and cannot in any way substitute itself for the responsibilities of the customer.


11- RIGHT OF WITHDRAWAL

When purchasing a course card (or pack), under article L.121-20 of the French Consumer Code, you have a period of fourteen (14) clear days to exercise your right of withdrawal without having to justify your decision or pay any withdrawal penalties. If you decide to take your first lesson before the end of the fourteen-day period, you will no longer be able to exercise your right of withdrawal.

The above-mentioned period runs from acceptance of the offer by the Customer.

The withdrawal period for a subscription is fourteen (14) clear days, subject to the same conditions set out above.

Your request for withdrawal must be sent in writing, expressing your wish to withdraw in the chat room of the swimming pool where you take lessons. You can find the cat by choosing the pool where you bought on https://-es-swimstars.pf20.wpserveur.net/piscines-swim-stars/ by clicking on “pool form”. The chat window is at the bottom right of the page.

Any retraction carried out in accordance with the conditions of the present article 11 will give rise to a refund of the totality of the sums paid at the latest fourteen (14) days as from the reception of your e-mail or your mail.

It is however specified that an error of payment total or partial of an article in promotion cannot be the subject of a refunding. Compensation for a purchase made during a promotion is subject to acceptance by customer service and may be made exclusively in the form of a credit note for an amount identical to that paid.

12- CONTRACT CANCELLATION CONDITIONS (SUBSCRIPTIONS)

The customer may terminate the contract in accordance with the terms and conditions set out in the contract by sending a simple message in the chat room of the pool where you are taking lessons. You can find the chat by choosing the pool you are subscribed to on https://-es-swimstars.pf20.wpserveur.net/piscines-swim-stars/ by clicking on “pool form”. The chat window is at the bottom right of the page.

Payment for each month started is due in full.  

Cancellation of the contract will take effect upon receipt of the cancellation request, subject to a notice period of fifteen (15) days prior to the anniversary date. The cancellation will be effective at the end of your commitment date, within the framework of a subscription with commitment, or at the nearest date, within the framework of a subscription without commitment as well as within the framework of a subscription with commitment beyond the commitment period.

 

 

13- PROOF OF ORDERS / ARCHIVING

You are expressly informed that, except in the event of a manifest error for which you can provide proof, the data stored in the Swim Stars databases have evidential value in relation to orders placed.

Data stored on computer or electronic media constitute admissible and opposable evidence in the same terms and with the same probative force as any document received and stored in writing.

14- LITIGATION AND LIABILITY

This contract is governed by French law.

Swim Stars shall not be held liable in particular in the event of contractual non-performance on the following grounds (i) force majeure as defined by current French law; (ii) a fault committed by the Customer, or (iii) the occurrence of an unforeseeable and insurmountable event caused by a third party to the contract.

15- PROTECTION OF PERSONAL DATA

By registering on the Site, you agree to provide us with true and accurate information about yourself so that we can provide you with the service you require.

The communication of false information is contrary to the GTC and a fortiori damaging.

By creating an account, you authorize Swim Stars to collect, process and use the information provided by you in accordance with the French Data Protection Act n°78-17 of January 6, 1978.

Swim Stars is the sole recipient of the information provided by you. You may at any time send a request to Swim Stars to find out what information is held about you, to object to its processing or to request its modification or deletion.

Swim Stars and its commercial partners may send you information by e-mail or telephone as part of specific, one-off promotional operations, if you have accepted this when identifying yourself on the Site. These partners are rigorously selected by Swim Stars on the basis of the quality of their products and services, and the repute of their companies.

At any time, you may ask to be removed from our mailing list by clicking on the appropriate link in the footer of any e-mail sent to you.

The FTC (Federal Trade Commission) and other agencies also maintain a national do-not-call registry at www.donotcall.gov/register/reg.aspx ,  www.bloctel.gouv.fr .

By registering your number with the FTC, you can also limit our direct marketing contacts to this number.

Please note that cookies store certain information on your hard disk. This information is used to generate Site audience statistics and to offer you products related to the items you have already selected during your previous visits. These cookies do not contain any confidential information.

16 – COMPLAINTS HANDLING / MEDIATION

Consumer service: In the event of a disagreement or complaint concerning a service or product related to Swim Stars, the consumer customer may send a substantiated complaint to our customer service department:

By post: Green Hope, 128 Rue de la Boétie, 75008 Paris

By message: You can find the cat by choosing the pool where you bought on https://-es-swimstars.pf20.wpserveur.net/piscines-swim-stars/ by clicking on “pool form”. The chat window is at the bottom right of the page.

Recourse to the Mediator: As of January 1, 2016, if after having exhausted all avenues of recourse with our consumer service, a misunderstanding or disagreement persists between us, and subject to the conditions of admissibility set out in the Consumer Code, you may contact the Consumer Mediator, who will attempt to bring the Parties together to find an amicable solution:

Postal mail

FEVAD’s e-commerce ombudsman service

60 rue la Boétie

75008 PARIS

Mail

mediateurduecommerce@fevad.com

To resolve a dispute following a purchase made on Swim Stars, the consumer may also have recourse to the European Union mediation platform accessible via the following form: Go to the mediation form 

17 – DISCOVERY COURSE

The Discovery Course is valid only for new customers and can be purchased only once. 

To benefit from the family price, enter the code below when paying for your subscription or pack

OFFREFAM10

Contact
Swim Stars San Sebastian

Do you have a subscription and want to know how to cancel it? Click here

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Swim Stars Barcelona

Do you have a subscription and want to know how to cancel it? Click here