General Terms and Conditions of Services

general terms and conditions of service

Slim36

 

I. Statutory information and purpose of these General Terms and Conditions of Service

The purpose of these General Terms and Conditions of Service for Slim36 (hereafter “GTS”) – the contact details of which are available by clicking here http://www.slim36.com/en/shop/contact/?language=en (hereafter “ Slim36”) - is to define the rights and obligations for Slim36 and the Subscriber (such as defined hereafter) in the context of remunerated services accessible from the Website http://www.slim36.com/en/?language=en (hereafter the “Website”) edited and exploited by Slim36.

The terms and conditions of use of the Website and the gratuitous services accessible from the latter are defined in Slim36’s General Terms and Conditions of Use, available by clicking here http://www.slim36.com/en/shop/cgu/?language=en

The general terms and conditions of sale of the products from the Website are defined in Slim36’s General Terms and Conditions of Sale, available by clicking here http://www.slim36.com/en/shop/cgv/?language=en .

Slim36’s Subscriber service may be contacted at the following address: contact@slim36.com or by phone : 0977426291

International phone support numbers :

• NL :  +31 20 262 58 63
• SW : +46 85 09 26 971
• BE :  +32 7 807 73 53
• ES :  +34 518 88 05 97
• FL :  +358 24 809 7185
• UK : +44 (0) 2 80894905

Slim36 is entitled to modify these GTS at any time and shall inform the Subscriber one (1) month prior to their entry into force. The Subscriber who refuses these modifications may terminate his Subscription in the terms and conditions provided in these GTS within a period of one (1) month as from the notification.

II. Definitions

The following terms and conditions, whether they are used in the singular or the plural in these GTS, shall have the following definition:

• Subscriber : shall mean any individual aged at least 18, entering into a contract with Slim36 in order to benefit from a Subscription, for personal requirements;
• Subscription : shall mean the agreement entered into between the Subscriber and Slim36 in order i) to receive five EBooks per month and ii) benefit from Specific Services in the conditions provided in these GTS.
• GTS : shall mean these General Terms and Conditions of Service;

• Privacy Policy: shall mean the confidentiality and protection policy for the Subscribers’ Personal Data implemented by Slim36 and accessible by clicking here http://www.slim36.com/en/shop/privacy/?language=en which is an integral part of these GTS;

• Account: shall mean the account setup by the Subscriber on the Website and accessible by the latter through a login and password;

• Personal Data: shall mean the Subscriber’s personal data collected and processed by Slim36 in the context of the Subscription, and under the conditions and terms as defined in the Privacy Policy;

• Withdrawal form : shall mean the form entitling the Subscriber the right to withdraw from the Subscription;

· EBooks : shall mean an electronic file with an original electronic book and made available to the Subscriber by Slim36 in the context of their Subscription;

• Specific Services : shall mean the features and services such as defined herein, made available to the Subscribers and accessible from the Website, subject to the creation of an Account, the payment of the price of the Subscription and the acceptance hereof;

 

• Website : shall mean the Website edited by Slim36, accessible via the URL address http://www.slim36.com/en/?language=en
• Slim36 : shall mean VICMEDIA LTD, a company governed under English law, with its registered office located at 126 Aldersgate Street, LONDON, United Kingdom, EC1A 4JQ, registered under the number 11989160.

III. Presentation of the Subscription and the Specific Services

Any Subscriber shall be entitled to access the Specific Services, and for an unlimited duration, during the entire period of access and validity of their Subscription, in consideration for the Subscriber’s payment of their Subscription price, in the conditions provided herein and the creation of an Account.

The Specific Services are accessible exclusively from the Subscriber’s Account and, in particular, provide them with advice to regulate their weight, according to the Personal Data, which they are asked to register on the Website from their Account.

For example, the Subscriber may be required to answer a certain number of questions, concerning their size and weight in order to work out their body mass index, sustain such index and consult their progression, on a graph only accessible to the latter, according to the data that they have communicated on the Website.

Similarly, the Subscriber may use the Specific Services in order to follow the progression of their weight and to set personal goals in order to reach this objective.

Furthermore, the Subscriber shall have access to customized nutritional advice, according to the data that they have provided on the Website.

Amongst the Specific Services, Slim36 proposes five EBookss to the Subscriber every month.

It is stated that the EBooks are proposed in one of the following formats: pdf, email, and is made available to the Subscriber, under the conditions in Article IX:

- by the communication of a downloadable link by email and from their Account, on which they shall find all the EBooks communicated, which they may download at their discretion during the period of their Subscription and

- by the communication of an attachment in an email sent each month to the Subscriber by Slim36.

Slim36 does not provide books on a physical medium.

All the Specific Services are mentioned comprehensively on the Subscriber’s Account.

The Subscriber is entitled to terminate their Subscription from their Account at any time.

IV. Conditions and terms of Subscription

 

A. Prior inscription by the creation of an Account on the Website

Prior to a Subscription, the Subscriber is required to create an Account on the Website and provide the information requested, in particular their Personal Data.

As from the creation of their Account, the Subscriber shall receive confirmation by email.

A person is only authorized to open one account (same surname, first name, same email address).

The Subscriber guarantees the accuracy , sincerity and reliability of the information provided, in particular, their Personal Data.

The Subscriber shall, in particular, provide only one valid and functional email address, as a means of communication with Slim36.

Accordingly, the Subscriber shall be required to rectify at any time and as soon as possible, if there is any change in their contact details, via their Account accessible on the Website.

Therefore, Slim36 may not be held liable for the Subscriber’s lack of diligence upon subscription, the modification and update of their Personal Data, and due to this misleading information, the resulting consequences on the Subscription, in particular the issuance of EBooks or the Specific Services.

The Subscriber shall have access to their Account via their login and password that they set up upon the creation of their Account. The Subscriber is exclusively responsible for the use of these login details and is required to ensure that they are kept confidential. Slim36 may not be held liable for the loss or theft of these login details.

These login details may be modified solely upon the Subscriber’s initiative or that of Slim36, if the Subscriber forgets their password, upon making a written request.

B. Order process

The Subscriber must visit the Website and subscribe in the appropriate section thereon.

Then the Subscriber shall enter their login details and password enabling them to connect to their Account.

They shall expressly accept the terms of these GTS by ticking the appropriate section.

They shall also pay the amount of the Subscription by bank card.

The subscription subscribed by the Subscriber shall only be effective upon complete payment by the latter.

C. Confirmation of the Subscription by Slim36

Any subscription made by a Subscriber on the Website shall be subject to an immediate written confirmation by Slim36, sent by email to the Subscriber.

V. Subscription duration

The Subscription shall be effective for a period of 30 days, tacitly renewable for an indefinite duration and shall give rise to a monthly debit under the conditions of Article VII.

In order to terminate in the current month, the termination request must be sent to Slim36 on the 15^th of the current calendar month.

The termination request sent to Slim36 after the 15th of the month (or if the direct debit of the monthly price of the Subscription is pending or has been made), may only be taken into consideration for the following calendar month.

The termination request shall be made via the contact form accessible on the Website in the “contact” section by sending a Subscription termination request, or directly by email to the following address: contact@slim36.com .

This termination request shall be effective as from the Subscriber’s receipt of an email by Slim36 acknowledging receipt of the request.

If the termination request is made whereas the direct debit for the monthly price of the Subscription is pending or has been made, the EBooks corresponding to this debit shall be sent and the termination shall only be effective for the following month.

VI. Early termination – Deactivation of the Account

In the event of the non-respect by the Client of all or part of his obligations under the GTS and/or GTU, including any payment difficulties and/or fraud or attempted fraud relating to the Specific Services, Slim36 shall reserve the right to automatically suspend the access to the Subscription or, depending on the severity of the actions taken, terminate the Subscription and/or deactivate the Client’s Account without the latter being entitled to claim any damages.

Slim36 shall reserve the right to refuse to enter into an agreement with a webuser who has been excluded or sanctioned for such actions.

VII. Price and payment

 

The Subscription price included on the Website is mentioned in euros or in pound sterling depending on the Client´s location, inclusive of all taxes.

Payment shall be made exclusively by bank card (CB, Visa, MasterCard) on the Website.

The payments by PayPal, American Express or any other means of payment shall not be accepted.

The payment shall be made on the Website via a secure bank platform, which is managed by a third party company. In this context, Slim36 shall not have any payment information concerning the Subscriber and shall not be liable in the event of any fraudulent use of the payment methods used.

The Subscriber is informed that the price of the Subscription may be subject to revision by Slim36 at any time and at its discretion.

The Subscriber shall be informed of these modifications by Slim36 by email at least two (2) months prior to the entry into force of the new tariffs.

The Subscriber who does not accept the new tariff may terminate his subscription according to the terms referred to in Article V of these GTS.

The Subscriber shall accept a direct debit from their bank card for the amount specified in their order. Accordingly, as long as the Subscription is applicable, the Subscriber shall be automatically subject to a direct debit from their bank card for this amount on the anniversary date of the first monthly transaction and the Subscriber shall receive the first EBooks on the date of their order by email and/or via direct access on their member zone, and the other EBooks each following calendar month.

The Subscriber shall undertake to take the necessary measures to ensure the payment of the monthly direct debit from their bank card for the Subscription under the conditions specified herein.

VIII. Delivery

The Specific Services are immediately accessible for the Subscriber upon full payment of the Subscription, from the Subscriber’s Account, on the Website.

The delivery of the EBooks is made by email, once a month. The eBooks are also directly available on the Subscriber´s member area.

The delivery of an EBook is considered to have been made upon receipt of an email by the Subscriber for the EBook.

The Subscriber shall verify the EBook upon receipt of the email and make any reserves, if any, concerning the opening of the electronic file, to Slim36.

Slim36 shall send another electronic file with a functional version of this EBook.

IX. Intellectual property relating to EBooks

Slim36 is the owner or the licensee of the intellectual property rights on the EBooks.

Accordingly, the Subscriber shall only benefit from a gratuitous and non-transferrable right of use on these EBooks, globally and for the duration of the copyright protection.

Accordingly, any representation, reproduction, modification, disclosure, misrepresentation and/or total or partial exploitation of the EBooks by any means and on any support whatsoever, without the express and prior authorization from Slim36 or contrary to these GTS or contrary to the statutory exceptions provided by the current Intellectual Property Regulations is prohibited and constitutes an infringement of copyright.

Furthermore, the EBooks may include identification references and/or technical mentions for the control and restriction of use or protection.

Accordingly, the Subscriber guarantees that they shall not violate these mentions or measures and/or modify or delete them or try to circumvent them, in accordance with the current applicable laws.

In the event whereby certain EBooks were subject to a more restrictive user license than that provided under these GTS, this shall be accessible in the email used to send the EBooks, and also on the Subscriber’s Account and shall prevail over these GTS.

Accordingly, the Subscriber shall guarantee acknowledgement of the conditions of the specific user license prior to downloading or opening any EBook.

X. Right of withdrawal

 

In accordance with the provisions of the European Directive on Consumers Rights 2011/83/EU:

This contract is considered as a “distance contract” as defined in Article 2, point 7:

(7) ‘distance contract’ means any contract concluded between the trader and the consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded ;

Under Article 7, point 2 “The trader shall provide the consumer with a copy of the signed contract on paper or another durable medium, including, where applicable, the confirmation of the consumer´s prior express consent and acknowledgement in accordance with point m of Article 16”

The contract must cover certain formal requirements in accordance with Article 8:

the Trader shall “make the information available to the consumer in a way appropriate to the means of distance communication used in plain and intelligible language” (…) “on a durable medium” (point 1)

“ The trader shall provide the consumer with the confirmation of the contract concluded, on a durable medium within a reasonable time after the conclusion of the distance contract, and at the latest at the time of the delivery of the goods or before the performance of the service begins. (point 7)”

In accordance with Article 9, “Save where the exceptions provided for in Article 16 apply, the consumer shall have a period of 14 days to withdraw from a distance or off-premises contract, without giving any reason, and without incurring any costs other than those provided in Article 13(2) and Article 14.”

This agreement shall mention, as the case may be, the consumer’s express approval for the provision of a digital content independent from any material support, prior to the expiration of the withdrawal period and, in this situation, the latter’s waiver of exercise of his right of withdrawal.

As the case may be, the professional shall provide the consumer with confirmation of his express approval for the provision of digital content not presented on a material support medium and his waiver to exercise his right of withdrawal, in the same conditions and prior to the expiry of the right of withdrawal.

In accordance with Article 11, on exercising their right of withdrawal, “Before the expiry of the withdrawal period, the consumer shall inform the trader of his decision to withdraw from the contract. For this purpose, the consumer may either: (a) use the model withdrawal form (provided at the end of these CGS) (b) make any other unequivocal statement setting out their decision to withdraw from the contract” (by email to Slim36.com">contact@Slim36.com)

In accordance with Article 13, “The trader shall reimburse all payments received from the consumer, including, if applicable, the costs of delivery without undue delay and in any event not later than 14 days from the day on which he is informed of the consumer’s decision to withdraw from the contract in accordance with Article 11”.

 

As set in Article 14, the Consumer “shall send back the goods (…) without undue delay and in an event not later than 14 days from the day on which he has communicated his decision to withdraw”. (…) “The Customer shall only bear the direct cost of returning the goods unless the Trader has agreed to bear them”.

 

(…) 4. The consumer shall bear no cost for: (…) (b) the supply, in full or in part, of digital content which is not supplied on a tangible medium where: (i) the consumer has not given his prior express content to the beginning of the performance before the end of the 14-day period referred to in Article 9; (ii) the consumer has not acknowledged that he loses his right of withdrawal when giving his consent; or (iii) the trader has failed to provide confirmation in accordance with Article 7 (2) or Article 8(7)”

 

In accordance with Article 16, the right to withdrawal cannot be exercised for:

“(a) service contracts after the service has been fully performed if the performance has begun with the consumer´s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader;”

(…)

“(m) the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer´s prior express consent and his acknowledgement that he thereby loses his right of withdrawal.”

The Subscriber intending to exercise their right of withdrawal may decide to withdraw their Subscription, without being required to provide any reason, within a period of fourteen (14) clear days as from the receipt of the first EBook/ Subscription by sending Slim36 the duly completed withdrawal form by email or by post.

As soon as possible as from the receipt by the Subscriber of the withdrawal form, confirming their intention to use their right of withdrawal, Slim36 acknowledges receipt to the Subscriber by email and shall suspend the Subscriber’s access to the Specific Services.

The Subscriber shall duly undertake to delete any mention of the EBook(s) acquired, and at the latest within a period of fourteen (14) days as from the communication of their decision to withdraw from Slim36.

If the Subscriber intends to benefit from Specific Services from their Subscription, without waiting for the fourteen (14) day period to elapse as from their subscription, then Slim36 shall include their express request as an opt-in as from his subscription.

The Subscriber who has exercised his right of withdrawal after having requested that the Subscription begin prior to the fourteen (14) day period shall pay Slim36 an amount corresponding to the Specific Services provided until the communication of their decision to withdraw.

This amount shall be invoiced prorata temporis for the Subscriber’s use of the Subscription until the communication of their decision to withdraw.

XI. Statutory and contractual guarantees

Slim36 is obliged to ensure the compliance of the Products and their protection against any latent defects under the conditions of the European Product Liability Directive 85/374/EEC and the Consumer Sales and Guarantees Directive 1999/44/EEC.

When they are taking action for a statutory compliance defect, the Subscriber: - shall benefit from a period of (2) years as from the issuance of the EBook to initiate any action, - may decide between the repair or replacement of the EBook, subject to the cost requisites provided by the Directive, - is exempt from providing proof of the existence of the good’s compliance defect during the two (2) years following the issuance of the EBook. The statutory compliance guarantee shall apply independently from any commercial guarantee. The Subscriber may also decide to implement the latent defect guarantee for the EBook within the meaning of their Member State Civil Code, and in such situation, they may decide either to terminate the sale or a reduction of the sales price in accordance with the Member State Civil Code.

XII. Personal data

 

The Subscriber’s personal data shall be processed in accordance with YooSim’s Privacy Policy, accessible by clicking here http://www.slim36.com/en/shop/privacy/?language=en .

XIII. Assistance – Complaints

For any information, question, complaint of a technical nature or relating to the EBooks, or the Specific Services, the Subscriber is invited to send his request to the following email address: contact@Slim36.com.

They may also contact Slim36’s client service at the following number [•] (toll-free number) during the following days and times: from Monday to Friday, from 9:30 to 18:30 and Saturday from 9:30 to 13:30 (GMT +1), excluding public holidays.

XIV. Miscellaneous provisions

 

A. Correspondence - Pr oof

Unless specified to the contrary herein, the correspondence exchanged between Slim36 and the Subscriber is mainly made by email.

The Subscriber acknowledges and accepts that the information provided by Slim36 by email shall prevail.

The elements such as the time of receipt or issuance, and the quality of the data received shall prevail by priority as mentioned on the aforementioned supports or such as authenticated by Slim36’s electronic procedures, unless the Subscriber provides written proof to the contrary.

The information posted on the Website shall be considered as an original, in the same manner as a hand-written and signed paper version.

 

B. Integrality of the GTS

 

The GTS express the integrality of Slim36 and the Subscriber’s obligations relating to the purpose thereof. If one of the parties fails to assert the non-compliance by the other party, to any one of the obligations referred to herein, it shall not be interpreted as a subsequent waiver for such obligation.

C. Partial invalidity

 

In the event whereby one or several stipulations hereof were to be considered as null, void or declared as such in accordance with a law, regulation following a final court decision with res judicata, the other stipulations shall remain fully applicable, unless the invalid stipulation(s) were substantive and, accordingly, their removal would jeopardize the contractual equilibrium.

D. Titles

 

In the event of a difficulty in interpretation between one of the titles of the clauses and one of the clauses, the titles shall be declared non-existent.

XV. Applicable law and dispute resolution

These GTS are subject to English law.

In the event of a dispute that may occur in relation hereto, the interpretation and consequences thereof or with any deeds, whether complementary or as a rectification thereto, the Subscriber shall contact Slim36 as an attempt to reach an amicable solution. Any complaint made to Slim36 must be made in writing.

If no amicable agreement is reached, the Subscriber may decide as follows:

1) To have recourse to an amicable mediation solution within a maximum period of one (1) year as from his written complaint filed by the Subscriber with Slim36 either by referring, (i) to a mediator of his choosing, (ii) or to have recourse to an online dispute resolution system accessible at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage , it being specified that the mediation process proposed shall not be a prerequisite for the Subscriber to refer the matter before the competent courts.

2) To refer his claim before the competent English courts.

 

Appendix 1: Information concerning the exercise of the right of withdrawal

 

You are entitled to withdraw from these GTS without requiring any reason to be provided, within a period of fourteen days.

The right of withdrawal shall expire fourteen days after the date of conclusion of the agreement.

To exercise the right of withdrawal, you should notify us, VICMEDIA LTD, 126 Aldersgate Street, LONDON, United Kingdom, EC1A 4JQ , of your decision to withdraw from this agreement via a firm declaration (for example, a letter sent by post, fax or email). You may use the template withdrawal form found at the end of these GTS, but it is not obligatory. You may also fill out and post the template withdrawal form or any other final declaration on our website http://www.slim36.com/en/shop/contact/?language=en . If you select this option, we will duly send you a receipt of the withdrawal on a sustainable support medium (for example, by email).

To ensure the respect of the withdrawal period, you should ensure that you communicate your decision to exercise the right of withdrawal prior to the expiry of the required period.

Effects of the withdrawal

If you decide to withdraw from this agreement, we shall reimburse you for all the payments made, including the delivery expenses (with the exception of the supplementary fees if you have chosen another delivery method than that of our standard delivery service), promptly and, in any event, at the latest fourteen days as from the date on which you inform us of your decision to withdraw from this agreement. We shall make the reimbursement by using the same means of payment that you used for the initial transaction, unless you make an express request to use a different payment method; in any event, you shall not incur any expenses for this reimbursement.

If you have requested to begin the services during the withdrawal period, you should pay a proportionate amount for the service provided until you have informed us of your decision of withdrawal herefrom, on the basis of the integrality of the services provided herein.

 

Appendix 2: Withdrawal form

 

(Please complete and send this form only if you intend to withdraw from the GTS.)

For the attention of VICMEDIA LTD, UK, Slim36.com">contact@Slim36.com

I/we (*) hereby notify you of my/our (*) withdrawal from the agreement relating to the sale of goods (*)/for the services below (*):

Ordered on (*)/received on (*):

Consumer(s)’ name:

Consumer(s)’ address:

Consumer(s)’ signature (only in the event of notification of this form in paper format):

Date:

(*) Delete as appropriate.