The following General Terms and Conditions are the property of the company Morgane Thérapie and apply to each of the services listed by the above-mentioned company. These General Terms and Conditions serve as a contract between Morgane Thérapie, hereafter referred to as « the Company », and any adult above 18 years, private or business, hereafter referred to as « the Client », these apply as soon as an order has been placed. Each placed order implies that the Client has read and therefore agreed to these very General Terms and Conditions.
About the Company and the provided services:
The Company named Morgane Thérapie is registered to the French Business Directory under the Siret n° 822 466 512 00016, A.P.E/main business activity Code: 8690F, the head office is located in the town of Étaples (62630), France, Parc d’Activité Opalopolis, Boulevard Édouard Lévêque, e-mail address: email@example.com.
The services provided by Morgane Thérapie are mainly related to energy work: energy healing sessions for humans and animals (sold by session or by pack), purification of houses/entity removal and guidance, but the Company also offers services in coaching (for private individuals as well as for businesses) and in psychogenealogy/family tree study.
The offered services are either done from a distance or in person, namely at the Client’s house, according to where the Client lives and the nature of the desired service.
- For the services done in person, Morgane Thérapie covers a specific and defined geographical area on the North Coast of France, more details can be found on the website.
- For distance sessions, Morgane Thérapie covers every country of the world without exception and accepts any order from anyone, provided that the Client is an adult as defined by the French Law (namely from 18 years and above) and speaks either English or French.
For distance healing sessions, for humans or animals, Morgane Thérapie can happen to ask the Client for a picture of himself/herself or of his/her animal ; for the purification of houses/entity removal Morgane Thérapie can happen to ask for a picture of the room(s) or of the whole house, as well as a map/ground plane of the house.
The prices listed by Morgane Thérapie on the website http://morganetherapie.com are in Euro (€) and will be invoiced such as listed, except in case of eventual promotion or special offer (announced on the Facebook page and/or Instagram account of the Company).
The statutes of the Company define that V.A.T. is non-applicable, according to the Article 293B of the French General Tax Code (in French: article 293B du Code Général des Impôts).
Morgane Thérapie reserves the right to change the listed prices at any given time without notice. The prices that will be applied are the one that are listed at the very moment when the Client places the order.
For each purchase of any listed service, an invoice will be made and sent by e-mail (in case of session in person at the Client’s house, the invoice may be handed directly). Each invoice has the following information: invoice number and date, the information and legal mentions related to Morgane Thérapie, the information related to the Client (namely: first and last name, address, phone number and e-mail address), the nature, date and price of the purchased service as well as the payment method and date.
Payment methods and terms:
- For distance services:
Payments will be made via Paypal, guaranteeing safety for the Client. Morgane Thérapie will not have access to the information related to the Client’s credit card. If the Client lives outside the Euro Zone, payment will have to be made in Euro and will therefore be subject to the exchange rate defined by Paypal, Morgane Therapy has no responsibility for the exchange rate.
When the Client places an order, it implies that he/she has read and agreed to the present General Terms and Conditions; the order will be validated once Paypal will have validated the payment.
However, under exceptional circumstances, with the permission of Morgane Thérapie and if the Client lives in Metropolitan France, the payment can be made by check; in that case, the service will only take place once the check is received and presented to the bank.
Distance services will have to be paid before the session takes place. For the packs of four (4) healing sessions, the payment of the total amount will be made before the sessions. However, under exceptional circumstances and with the permission of Morgane Thérapie, installments can be agreed on, in that case, each session can be paid individually before it takes place (ex: for a pack of 4 energy healing sessions, the price of 145€ can be split into 4 as follows: 40€ + 40€ + 40€ + 25€).
- For the services in person:
Payments will be made either cash or by check each time a session takes place. However, under exceptional circumstances and with the permission of Morgane Thérapie, the payment could be made via Paypal if the Client asked for it. For the packs of four (4) healing sessions, each session can be paid as it takes place, provided that the 4 sessions take place within the two (2) months following the order confirmation. If the Client would prefer to write a check for the total amount, he/she would have to hand the check to Morgane Thérapie after the first session, the check will then be cashed once half of the sessions will have taken place.
In any case and for each service bought, whether the payment is made by check or via Paypal, the Client guarantees that he/she has the required authorizations to use the payment method of his/her choice and the necessary funds to honor the payment.
The General Terms and Conditions of Morgane Thérapie do not grant any discount for advanced payment.
In case of late payment, penalties shall be applied; the penalty rate shall be equal to three (3) times the current legal interest rate set by the French Law. Before starting any litigation procedure, Morgane Thérapie will try to find an amicable solution for the sake of both parts, the Company as well as the Client.
In case of non-payment within the month following the last session or in case of payment incident unsolved within the month following the last session and if no amicable solution was found, Morgane Thérapie reserves the right to start legal procedures in order to collect the due payment corresponding to the work that was done. In that case, any cost related to the procedure aiming at receiving the due amount (increased by three (3) times the legal interest rate) will be at the charge of the Client, namely: postage cost for registered mail, legal costs for bailiff and lawyer fees, and more generally any court fees related to the very procedure.
Morgane Thérapie reserves the right to refuse or cancel any order from any Client with whom a problem would have been encountered before. If Morgane Thérapie refuses an order after it was paid, the Company will give the totality of the money back to the Client.
Morgane Thérapie also reserves the right to refuse a Client without having to justify the decision if the Company can see that the service is not adapted to the Client or if the Company notices a suspicious behavior. In both cases, if the payment had already been made, the Company would give the totality of the money back to the Client.
Right of withdrawal:
According to the French Law called « Act Hamon » or « Loi Hamon » in French (Law n° 2014-344 of march 17th 2014 pertaining to consumption and distance services, more info in French here: https://www.legifrance.gouv.fr) any consumer is granted a right to withdraw within a cooling-off period of fourteen (14) days from the order date.
If the Client changed his/her mind within the fourteen (14) days following the order and wished to withdraw as he/she is legally entitled to do, the Client will have to inform Morgane Thérapie of his/her decision as soon and as clearly as possible, either using a standard withdrawal form (that the Client can find here in French: https://www.service-public.fr/particuliers/vosdroits/R38397) or by simply sending an e-mail informing Morgane Thérapie of his/her decision. In case of dispute, the Client is responsible for bringing the proof that he/she has respected the 14-day cooling-off period.
(More information can be found in French on the website of the French Government: https://www.service-public.fr/particuliers/vosdroits/F10485).
The majority of the listed services are done from a distance. For any service, the deadlines are as reasonable as possible. If the Client agrees on an appointment set at a date that falls into the 14-day cooling-off period, it implies that the Client knowingly renounces his/her right to withdraw. Once the session will have been done, the Client will have to pay the due amount corresponding to the work that was done.
Any work that has been done is non-refundable under any circumstance; the Client chooses to place an order in his/her own free will. Morgane Thérapie cannot be responsible for not refunding because these very General Terms and Conditions do not make this possible.
However, regarding the 4-session packs, if the Client would happen to change his/her mind in the process of taking sessions, the sessions that were paid in advance and not done yet can be subject to a refund, provided that the Client informs Morgane Thérapie of his/her decision and sends an e-mail to firstname.lastname@example.org to request cancellation and reimbursement. Morgane Thérapie will then take the necessary action to give the Client’s money back in the quickest possible way.
Commitments of the Company:
- Obligation of Means:
Morgane Thérapie commits to provide the work that corresponds to the service bought by the Client and to take all the necessary actions to do so. In that sense, the Company has an Obligation of Means, according to the Ancient Article 1137 of the French Civil Code (in French “ancient article 1137 du Code Civil”), but given the very nature of the activity, the Company has no obligation of results and cannot guarantee that the result conforms to the Client’s expectations. Each Client is unique and reacts differently to the different services offered by the Company.
Morgane Thérapie commits to never make any medical diagnosis, to never recommend any medicines and to never interfere, judge or give an opinion on the medical treatment of any Client. In the medical field, only a doctor’s opinion counts. However, even though energy healing work can be a good complement in every day life, it cannot replace a doctor’s diagnosis or consultation.
With energy healing sessions, healing crisis could happen to take place, resulting from the detoxifying of the body and the increase of the body’s vibration. Morgane Thérapie cannot be held responsible for the effects of a healing crisis and will always recommend the Client to go and check with a doctor if the Client had some doubts, in order not to miss something important if the symptoms persisted. Morgane Thérapie will accept no claim whatsoever in case of eventual healing crisis following a session, this can be part of the process, each person is unique and reacts in different ways. When placing the order, the Client acknowledges being acquainted with this fact. However, Morgane Thérapie will be willing to answer any question the Client may have after a session.
- Values and Ethics of the Company:
For any of the listed services, Morgane Thérapie defends the following values: respect for all living beings (humans and animals), respect of free will, loyalty, active listening and empathy, non-judgment, benevolent neutrality, integrity, respect of confidentiality and professional secrecy, holding space.
Morgane Thérapie works in all honesty, respect, universal love and professional conscientiousness, without judging; the Company preserves the Client’s anonymity, confidentiality and professional secrecy.
None of the listed service requires any handling of the Client’s body (bones, muscles, etc.), it will only be palm-healing techniques (for humans and for animals), the Client will keep his/her clothes on (to the only exception of shoes maybe).
If an adult in charge of a person aged of less than 18 years, he/she will be allowed to stay present during the session if he/she wishes to.
Respect of data confidentiality:
The data collected by Morgane Thérapie will be respecting the French Law pertaining to Information Technology, Data Files and Civil Liberty, namely Act n°78-17 of January 6th 1978, or in French: “Loi n° n°78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés”. Morgane Thérapie will collect data according to the French Law. (Here is a passage in French: Chapitre II - Section 1 - Article 6: « 1° Les données sont collectées et traitées de manière loyale et licite; 2° Elles sont collectées pour des finalités déterminées, explicites et légitimes et ne sont pas traitées ultérieurement de manière incompatible avec ces finalités. Toutefois, un traitement ultérieur de données à des fins statistiques ou à des fins de recherche scientifique ou historique est considéré comme compatible avec les finalités initiales de la collecte des données, s'il est réalisé dans le respect des principes et des procédures prévus au présent chapitre, au chapitre IV et à la section 1 du chapitre V ainsi qu'au chapitre IX et s'il n'est pas utilisé pour prendre des décisions à l'égard des personnes concernées; 3° Elles sont adéquates, pertinentes et non excessives au regard des finalités pour lesquelles elles sont collectées et de leurs traitements ultérieurs ; 4° Elles sont exactes, complètes et, si nécessaire, mises à jour ; les mesures appropriées doivent être prises pour que les données inexactes ou incomplètes au regard des finalités pour lesquelles elles sont collectées ou traitées soient effacées ou rectifiées ; 5° Elles sont conservées sous une forme permettant l'identification des personnes concernées pendant une durée qui n'excède pas la durée nécessaire aux finalités pour lesquelles elles sont collectées et traitées. »).
Morgane Thérapie commits to never give or sell (against money or goods of any nature) the Company’s database or any information the database may contain to a third part.
The collected data will only be used in the field of the bought services and for the administrative formalities related to the French law requirements.
Morgane Thérapie will be keeping the data in all confidentiality, in a safe and secure place to the best of the Company’s abilities, and according to the French Law requirements as regards to bookkeeping and the legal period of time that the documents have to be kept. In order to do so, the Company will keep and store any document related to exchanges or services: postal mail, e-mail, payment confirmation, invoice…
In case of dispute and if no amicable solution could be found, Morgane Thérapie reserves the right to use any stored document as evidences for the Company’s defense, according to the Article 1316-2 of the French Civil Code, or « article 1316-2 du Code Civil » in French. (Here is the Law article in French: Créé par Loi n°2000-230 du 13 mars 2000 - art. 1 JORF 14 mars 2000 Abrogé par Ordonnance n°2016-131 du 10 février 2016 - art. 3 Lorsque la loi n'a pas fixé d'autres principes, et à défaut de convention valable entre les parties, le juge règle les conflits de preuve littérale en déterminant par tous moyens le titre le plus vraisemblable, quel qu'en soit le support.)
- Intellectual property:
The coaching programs are tailored to each Client’s needs, the information they contain are private and the programs created are part of the Company’s intellectual property, none of the contained information can be taken out of the field of the sessions nor can they be published online, be it partially or in totality.
All the information contained in programs, courses, documents, files, personalized e-mail exchanges as well as meditations, are part of the Company's intellectual property. Any diffusions, reproductions, excerpts, whether online, on paper or on any other support are strictly forbidden.
The sessions that take place via Skype are not recorded. If the Client wished to record, he/she will have to ask Morgane Thérapie for permission and if permission was granted, he/she will have to record by his/her own means. In that case, the recordings will have to be kept for the Client’s personal use only and by no mean can they be given to third parts or uploaded online.
These very General Terms and Conditions are part of Morgane Thérapie’s intellectual property. The Company reserves the right to modify these General Terms and Conditions at any given time, without notice. The applicable General Terms and Conditions will be the ones that are displayed at the very moment when the Client places the order.
Each Client is responsible for his/her consumption of the Company’s services, especially regarding guidance. Morgane Thérapie cannot be held responsible for any addictive behavior or for taking advantage of a Client’s weakness/distress, therefore, the Company reserves the right to refuse an order in case of a Client’s behavior showing a tendency to overconsume. In this case, if an order would be refused after the payment was made, Morgane Thérapie will be giving back the totality of the amount as soon as possible via the same payment method.
Applicable Law and Jurisdiction:
Morgane Thérapie is governed by the French Law. In case of dispute, the jurisdictional authority is located in the town of Boulogne-sur-Mer, namely either Court of Commerce or Tribunal de Grande Instance, according to the nature of the dispute.
Morgane Thérapie reserves the right to sue anyone who will have harmed the Company’s interests or rights.