Definitions
Each of the terms mentioned below will have the following meaning in these General Terms and Conditions of Sale of the AthleteSide Service (hereinafter referred to as the "GTC"):Advertisement: Content (visual, text) submitted by a User under their responsibility to sell, rent, or buy a good/service. Maximum 10,000 characters.
User: Any professional (in mainland France and DOM excluding Mayotte and COM) holding a User Account publishing advertisements for their activity in the categories: Services, Ticketing, Events.
Order: Purchase by the User (ad insertion, subscription to Paid Option(s), or account credit) according to Article 4.
User Account: Personal space on the Website and Applications (AthleteSide) allowing the posting and management of Ads and placing orders.
Login credentials: Email address and password allowing access to the User Account.
2A CONSULTING: The company publishing and operating the Website and Applications, AthleteSide.
Customer service: AthleteSide service reachable by email via the "contact" link for any additional information.
AthleteSide service: All the AthleteSide services available via the Website and Applications.
Website: Main site (https://www.athleteside.com) providing access to AthleteSide service and the User Account.
User: Any visitor consulting the AthleteSide Service via the various media.
1 - Purpose
These GTC exclusively define the contractual conditions applicable to the **Orders** placed by the User via the Website.2 - Acceptance
The User declares having read and **expressly and unreservedly** accepted these GTC at the time of subscribing to the Service. The User waives the right to invoke their own purchase conditions. Any contrary condition is unenforceable against AthleteSide without written acceptance.3 - Conditions of use of the AthleteSide Service by the User
3.1 Rules regarding the User Account
3.1.1 Creation and ownership of the User Account
Opening a **User Account** is mandatory to post ads. This account is personal and **non-transferable**. Only one User Account is allowed **per sales outlet** (identified by a single email address).3.1.2 Orders possible by the User from their User Account
The User can:- Post, view, manage (including delete) their ads.
- Subscribe to paid options directly from their ad page.
3.2 Rules for posting ads
The User undertakes to post Ads **only on their behalf and for their own account** (prohibition to post for a third party without explicit consent from AthleteSide).AthleteSide reserves the right to:
- Delete without refund any Ad posted for a third party.
- Delete without notice or refund the User Account and/or prohibit the use of the Service in case of non-compliance with this prohibition.
AthleteSide may refuse an Ad containing a photograph:
- if the quality is insufficient;
- if it is contrary to the posting rules;
- if it does not represent the item but is limited to a logo/commercial visual.
In the event of an Ad being refused before it goes online, the User is informed by email and the sums engaged for the posting/options are **refunded** (by re-crediting the credit card for CB payments). This refusal does not give right to **any compensation**.
The ad is posted for **two-month renewable**, unless withdrawn. The ranking is chronological; the presence at the top of the list is temporary.
4 - Orders
4.1 General rules
The benefit of any Order is personal to the User and **cannot be assigned or transferred** without AthleteSide's agreement. **No refund is possible after the execution** of the Order (posting the Ad or Option).5 - User's commitment and guarantee
5.1
The User certifies that their Ad complies with **all applicable laws and regulations** (advertising, intellectual property, etc.), the GTC, and posting rules. The User guarantees to be the sole author or to hold all the necessary rights for the posting of the Ad content.The Ad is posted under the **exclusive responsibility of the User**. They guarantee AthleteSide against any third-party claim related to the Ad.
AthleteSide may **delete without notice or refund** any Ad that does not comply with posting rules, is likely to infringe on third-party rights or contains illegal content.
5.2
The User agrees to offer only **available goods** and to withdraw the Ad as soon as possible in the event of unavailability.5.3
The User accepts that the online posting is **not instantaneous** for technical reasons.5.4
The User agrees to comply with the legislation in force at the locations where the Ad is received and releases AthleteSide from any liability in this regard.5.5
The User agrees to the use of their data for statistical purposes or to meet public requests.5.6
Any claim must be submitted in writing to AthleteSide within **eight (8) business days** of submitting the Ad.5.7
Access to the Service requires Internet access the cost and responsibility for security (virus, intrusion) of which falls on the User.The User is responsible for the **confidentiality of their login credentials**. Any connection or data transmission from their account is presumed to have been made by them.
6 - Termination
The User Account is of indefinite duration and can be terminated at any time without notice by the User (via Customer service).AthleteSide may modify, interrupt or stop access to all or part of the Service/Site with **8 days notice** (by email), without obligation of compensation to the User. The paid ad not broadcast will be refunded.
7 - Price
7.1
Prices are stated in euros **including and excluding VAT**.7.2
Prices are available on request and from the User Account. The price of insertion fees and Paid Options is that in force on the day of the Order.AthleteSide reserves the right to **change its prices** at any time.
8 - Payment terms
8.1 Payment for Ads
Payment for Ads and options is made by **credit card before posting**.**No refund is possible after performance of the service.**
8.2
The invoice amount is increased by VAT and any other tax applicable at the current rate.8.3 Satisfaction or Refund
Refund up to 100% of the purchase price, valid **one month** from the date of order.9 - Liability / warranty
9.1 Limitation of liability
AthleteSide is subject to an **obligation of means** for the provision of the Service, which is limited to the dissemination of Ads. AthleteSide does not guarantee the results expected by the User.AthleteSide is not liable for interruptions, modifications, data loss, or non-compliant use of the Service.
AthleteSide is not responsible for direct or indirect damages resulting from the malfunction of the Site/Service.
AthleteSide is not liable in the event of **force majeure**, maintenance, technical problems, or cyberattack. Permanent availability of the Service is not guaranteed.
The liability of AthleteSide is limited to the **provision of the incomplete service**.
In any case, AthleteSide's liability for direct damage is limited to the amounts **excluding taxes paid by the User to AthleteSide in the six (6) months preceding** the triggering event. The User waives compensation for indirect damages (loss of profit, loss of opportunity, etc.).
9.2 AthleteSide warranty
AthleteSide undertakes to ensure the permanence, continuity, and quality of access (obligation of means). AthleteSide will endeavor to maintain accessibility of **99% per year** (except force majeure). Maintenance operations will be scheduled if possible between 8 PM and 7 AM.The warranty does not cover outages due to telecom operators or the host. The obligations of AthleteSide in this article are of **means**.
10 - Force Majeure
Neither the User, on the one hand, nor AthleteSide, its subcontractors, or suppliers, on the other hand, can be held responsible for any delay, non-performance, or other failure to fulfill their obligations resulting from a case of force majeure. Those usually considered as force majeure by the French Courts and Tribunals as well as total or partial strikes, internal or external to one of the parties, to a supplier or subcontractor, lock-outs, blockades of transport or supply means for any reason, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes to marketing forms, telecommunications blockages, including networks, and any other cause beyond the control of the User, AthleteSide, its subcontractors or suppliers preventing normal execution of the services shall be considered as such.Each party will notify the other party by registered letter with acknowledgment of receipt of the occurrence of any case of force majeure.
In the presence of a case of force majeure, if the prevention from normally executing the contractual obligation should last more than 1 month, the parties will be released from their mutual obligations by right, without judicial formalities, without notice and without any compensation of any kind being able to be claimed from the defaulting party, following the sending of a registered letter with acknowledgment of receipt having immediate effect.
11 - Intellectual Property
11.1
All intellectual property rights (copyright, trademarks, databases, etc.) on the structure and content of the Website and Applications (images, logos, software, data, etc., referred to as "**Elements**") are **reserved and the property of AthleteSide**.These Elements are made available to Users **free of charge and only for normal use of the AthleteSide Service**. Any unauthorized use of the Elements constitutes a **counterfeiting** and engages the civil and/or criminal liability of its author.
11.2
It is **prohibited** for the User to copy, modify, create a derivative work, reverse engineering, sell, or transfer any right related to the Elements.The User specifically agrees not to:
- Use the Service on behalf of others.
- Reproduce in number (for commercial or non-commercial purposes) the information or Ads.
- Integrate all or part of the content into a third-party site.
- Use a crawler (spider) or any other means to retrieve or index the content without AthleteSide's written permission.
- Copy the information to reconstruct the original files.
11.3
The **AthleteSide** brands and logos and those of its partners are **registered**. Any total or partial reproduction without written permission is prohibited.11.4
**AthleteSide is the producer of the databases** of the AthleteSide Service. Any extraction and/or reuse of the databases (within the meaning of the Intellectual Property Code) is prohibited.11.5
AthleteSide reserves the right to take any legal action against people not complying with the prohibitions in this article.12 - Modification of the GTC
The GTC apply from January 28, 2020.**AthleteSide reserves the right to modify all or part of the GTC at any time.** Users are invited to consult them regularly to learn about the changes.
13 - Miscellaneous Provisions
If a provision of the GTC turns out to be illegal, invalid, or unenforceable, it will be deemed **unwritten**, without affecting the validity of the other provisions. This contract and the GTC are subject to **French law**.14 - Subcontracting
AthleteSide may freely call upon the providers and/or subcontractors of its choice to perform the services, **without having to inform the User** or obtain their consent.15 - Personal Data
Any processing of personal data is governed by AthleteSide's **privacy policy**, which forms an integral part of these GTC.16 - Disputes - applicable law
In case of a dispute regarding the interpretation or execution of the GTC, the parties may refer the matter to the **Business Mediator** before any legal action. The mediation may not exceed 3 months, and exchanges are confidential.In case of failure of mediation or if not resorted to, the dispute will fall under the **exclusive jurisdiction of the Paris Commercial Court** (even in case of multiple defendants or emergency procedure).
These GTC are subject to **French law**.
17 - Your rights and obligations
This section informs you of the rights and obligations relating to the use of the site, notably to distinguish the status of Private Individual and Professional.Your obligations (Individual or Professional):
Private Individual User:
- You must **declare the income** generated on the site to the tax administration. Tax fraud exposes you to adjustments, fines, and criminal penalties (prison, heavy fines).
- **Obligation to declare yourself as a Professional**: You must create a Professional Account. Failure to declare may result in imprisonment and a fine (art. L 132-2 of the Consumer Code). You must register with the National Business Directory (SIRET) and the corresponding professional register (RCS, Trades Directory, etc.).
- **Obligation to declare yourself to the tax authorities**: You must declare your existence, choose your tax regime, and declare your income (same sanctions as an individual in case of tax fraud).
- **Obligation to declare yourself to the social services**: You owe social contributions and levies to the Urssaf. Refusing to contribute exposes you to an adjustment, fines, and the obligation to reimburse certain social benefits.
- **Respect consumer rights** (if selling to individuals):
- Do not implement **unfair business practices** (misleading or aggressive).
- **Clearly communicate** certain information to consumers (identity, contact details, characteristics of the good/service, total cost, payment/delivery methods, existence/absence of the right of withdrawal).
- **Respect the regulations regarding the right of withdrawal** (period of 14 clear days). Failure to comply with the information obligations may extend the period to twelve months and result in an administrative fine.
- **Comply with the regulations regarding consumer mediation** by choosing and communicating the contact details of a competent mediator.
Your rights (User or Buyer):
User (Natural person):
- You have rights relating to the processing of your **personal data** (see Privacy Policy).
- The professional User can refer the **Business Mediator** for any persistent dispute with AthleteSide after prior written process.
- Right of withdrawal: When the purchase is made from a professional, the consumer has a period of **fourteen clear days** (except exceptions, e.g. perishable goods, tailor-made, or service provision whose execution began with the Buyer's consent and waiver - applicable to AthleteSide Orders). If the seller is a non-professional without mentioning a right of withdrawal, this right does not apply.
- Warranty of conformity: When purchasing a movable good from a professional, the Buyer is guaranteed against conformity defects (unsuitable for use, non-compliance with the description, etc.). This warranty allows for a refund or repair. It does not apply to sales between non-professionals/consumers.
- Rights in case of delivery delay: The professional must deliver at the latest **thirty days after the contract is concluded** (unless otherwise agreed). In case of delay, the Buyer can urge the professional to deliver within an additional 30 days, then request the cancellation of the sale if the new deadline is not met.
- Right to recourse to mediation: In case of a persistent dispute with a professional (after prior contact), the Buyer can refer to a **consumer mediator**.
The above elements are given for information purposes and do not replace applicable regulations.
Training Plans
Article 1 - Purpose These general terms and conditions of sale (GTC) define the conditions under which the company 2A CONSULTING, registered under number 87958414200027, offers for sale online training plans in PDF format via its website https://www.athleteside.com.Article 2 - Acceptance of conditions Purchasing any product on the site implies unconditional acceptance of these GTC. The client declares having read them before validating their order.
Article 3 - Products and Services The products sold are dematerialized training plans accessible online or downloadable in PDF format. Each product is accompanied by a detailed description.
Article 4 - Price and Payment Terms Prices are stated in euros, all taxes included (TTC). Payment is made via credit card through a secure platform. The order is validated upon confirmation of payment by the banking institution.
Article 5 - Delivery Training plans are delivered immediately after payment validation, by a download link or direct access on the site. No physical shipment will be made.
Article 6 - Right of Withdrawal In accordance with Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for digital content provided immediately after purchase and without a material medium. The client therefore waives their right of withdrawal by validating their order.
Article 7 - Liability The company cannot be held responsible for the consequences related to improper use of the training plans. The user remains solely responsible for their sports tracking and adapting the program to their physical condition.
Article 8 - Intellectual Property All training plans are protected by intellectual property laws. Any reproduction, distribution, or resale without authorization is strictly prohibited.
Article 9 - Personal Data Protection Information collected during the purchase is intended for order management and service improvement. In accordance with the Information Technology and Liberties law and GDPR, the client has a right of access, rectification, and deletion of their personal data.
Article 10 - Disputes and Applicable Law These GTC are subject to French law. In case of dispute, an amicable solution will be sought before any legal action. In the absence of agreement, the competent courts will be those of the company's jurisdiction.
Article 11 - Modification of the GTC The company reserves the right to modify these GTC at any time. The applicable conditions are those in force on the date of the order.
Contact For any questions, customer service is reachable at contact@athleteside.com or via the form available on the site https://www.athleteside.com.
Coaching and Commissions
Article 1 - Purpose
These conditions define the remuneration terms for coaches who offer coaching services and/or sell training plans via the AthleteSide platform.Article 2 - Commission on Sales
The AthleteSide platform deducts a commission on each transaction made by a coach:- Training plans: A commission of 30% is deducted from each sale of a training plan created by a coach.
- Coaching subscriptions: A commission of 30% is deducted from each coaching subscription payment.
Article 3 - Calculation of Coach Earnings
The coach's net earnings are calculated as follows:- Net amount = Gross sale amount - AthleteSide Commission
Article 4 - Payment Conditions
- Minimum threshold: Payments are only made when the available balance reaches a minimum of €100.
- Frequency: Payments are made monthly.
- Bank details: The coach must enter their bank details (IBAN, BIC, account holder) in their personal space to receive payments.
- Delay: Once the minimum threshold is reached and bank details are validated, the transfer is made within 30 business days.
Article 5 - Tax and Legal Obligations of the Coach
The coach is solely responsible for:- Declaring income received via the platform to the relevant tax and social authorities.
- Paying all taxes, duties and social contributions applicable to their activity.
- Complying with all legal obligations related to their status (self-employed, company, etc.).
Article 6 - Coach Responsibilities
The coach agrees to:- Provide quality coaching services and training plans, adapted to the objectives and level of athletes.
- Respect the ethical rules of the profession.
- Not disseminate illegal, defamatory content or content that infringes on third-party rights.
- Have the qualifications and insurance necessary to exercise their activity.
Article 7 - Intellectual Property of Content
The coach retains intellectual property rights over the training plans and content they create. By publishing on the platform, they grant AthleteSide a non-exclusive license allowing the distribution and commercialization of this content via the platform.Article 8 - Termination
In case of termination of the coach account:- Pending earnings will be paid to the coach within 60 days, subject to reaching the minimum threshold.
- If the minimum threshold is not reached, AthleteSide will exceptionally pay the amounts due within 60 days of termination.
- Ongoing coaching subscriptions will be honored until their term or refunded to athletes according to applicable conditions.