Terms & Conditions of Sale

1. PREAMBLE

The company FEELVERYBIEN (hereinafter "FEELVERYBIEN") is a company that promotes mindfulness through a wide range of mobile applications, offering meditation and breathing programmes, operated under trademarks such as Petit BamBou, Positivor, Zafoo, and Sophrologie avec Petit BamBou.

FEELVERYBIEN has developed, through the "Petit BamBou" website (hereinafter the "Site") and the Petit BamBou application (hereinafter the "App") (hereinafter the "Digital Channels" collectively), a range of services aimed at individuals with a full catalogue of meditations and guided breathing sessions. The Petit BamBou services are available through the https://www.petitbambou.com/ digital solution.

Petit BamBou, available in several languages including French, English, Spanish, German, Dutch, and Italian, offers meditation and breathing programmes tailored to professionals and the general public alike. These resources are developed in collaboration with psychologists, psychiatrists, and certified meditation instructors, guaranteeing their quality and effectiveness.

The purpose of these Terms & Conditions is to define the arrangements under which the Customer (hereinafter the "Subscriber") may take out a subscription. Any subscription taken out by the Customer implies express and unreserved acceptance of the Terms & Conditions, and the Customer acknowledges having fully read and accepted them. They prevail over any other document that may have been communicated to FEELVERYBIEN.

The applicable Terms & Conditions are those in force on the date they are signed, or where no signature takes place, on the date the Order is placed.

These Terms & Conditions are the property of FEELVERYBIEN. Any reproduction, even partial, is strictly prohibited.

2. DEFINITIONS

The following terms or expressions, if they begin with a capital letter, whether singular or plural, will have the following meaning :

"Subscriber" : refers to the individual who takes out subscriptions, both free and paid.

"Subscription" : refers to the subscription which the Subscriber takes out via the https://www.petitbambou.com/ website or via the App. Subscription plans are described in Article 3.1.

"App" : refers to the Petit BamBou application, published by FEELVERYBIEN, accessible from any device with an Internet connection, by free download from the App Store or Google Play or by consultation via a web browser and which allows, after installation and account creation, access to the Services.

"Content" : refers to digital content, including the content of the Digital Channels and blogs, application software, as well as literary, musical, television or cinematographic works available for downloading or streaming on the Site and in the App, and which are made available to the Subscriber.

"Contract" or "Terms & Conditions" or "Terms & Conditions of Sale" : refers to this contract concluded between the Customer and FEELVERYBIEN, including its preamble, and specifying all the rights and obligations of the latter in the context of the use of the Service provided by FEELVERYBIEN.

"Site" : refers to the https://www.petitbambou.com/ website.

"Services" : refers to any product and/or service made available to the User for a fee or free of charge by FEELVERYBIEN through the Digital Channels. The Services include, but are not limited to :

• Content for meditation, breathing, sophrology and other techniques, in the form of themed programmes made up of several sessions of varying length, and configurable tools ;
• "Daily Meditations", consisting of a daily session lasting 8, 12 or 16 minutes ;
• Exclusive Music, Sounds, and Atmospheres ;
• Stories, in the form of short animations, to explain the main principles of meditation in an educational way ;
• Bespoke support and assistance.

"Digital channel" : refers collectively to the digital channels through which Users can access the Services offered by FEELVERYBIEN, particularly including the Site and the App.

FEELVERYBIEN is free to amend the Services and Content at any time.

3. ACCESS TO SERVICES

3.1 Subscription

All subscription conditions and plans, prices, descriptions, technical characteristics, and those regarding use of the services offered are accessible, except in the event of a force majeure situation, breakdown or maintenance operation, permanently at the following links:

• For the Site : https://www.petitbambou.com/en/subscriptions
• For the App : https://www.petitbambou.com/subscribe

The subscription plan enables the Subscriber to simultaneously subscribe to an account and rights of access to the Site and App. Subscriptions are taken out either directly online on the Site, or via the App.

Subscription implies the completion of a subscription form to create a Subscriber account, requiring the provision of a valid email address and the creation of a password, which will enable the Subscriber to identify him/herself. The Subscriber will then receive an email confirming acceptance of his/her subscription request.

Subscriptions are payable on the day of subscription for the defined duration.

3.2 Gift Card

FEELVERYBIEN also offers access to the Services via gift cards.

The purchase of a gift card is made in a single payment at the time of order and does not entail automatic renewal.

To purchase a gift card, the User must go to the Site. The buyer must then select the duration of the gift card, click on "Give", provide a valid email address, and finally confirm the order by selecting the payment method (payment card or PayPal) and clicking on "Proceed to payment".

Once payment has been made, an order confirmation will be sent by email, and the buyer will be able to access his/her printable gift card in PDF format on the site and/or by email.

The gift card can be used within one hour of receipt.

No refunds will be given after the code on the gift card has been activated.

Gift cards are only valid for twelve (12) months from the date of issue.

3.3 Prices and Payment Methods

Prices are given in EUR (€) on the Digital Channels, and include all taxes. They do not include the costs associated with electronic communications and devices required to subscribe to and use the Services, which the Subscriber shall continue to bear.

Similarly, any tax, duty or other sum payable (bank, exchange or transfer fees) will be borne by the Subscriber.

Any change in the applicable tax rate or addition of one or more taxes or contributions, not least environmental taxes, may automatically feed through to the price of the Services concerned.

FEELVERYBIEN reserves the right to update its prices at any time, and undertakes to make this known by publication on the Digital Channels the month before the price update.

The Subscription is payable at the time of taking it out or, if applicable, at the time of renewal.

The Subscriber is solely responsible for payment of all amounts due under the Subscription.

For the Site. Payment is made at the time of order either by payment card on the Site, or by bank transfer (available in European Union countries) within thirty (30) days of the invoice date, or by PayPal, or by iDEAL (available exclusively to Dutch users). In the event of a bank transfer, payment will be considered effective once the funds have been received in full in FEELVERYBIEN's bank account. In the event of non-payment, FEELVERYBIEN reserves the right to cut off the Subscriber's access.

For the App. Payment is made at the time of order either by payment card on the App, or through the Apple Pay services for Apple mobiles or Google Pay for Android mobiles. In the event of non-payment, FEELVERYBIEN reserves the right to cut off the Subscriber's access.

Any delay in payment past the due date or the date possibly accepted by FEELVERYBIEN may result, at the latter's sole discretion, in the invoicing of a flat-rate indemnity of forty euros (€40), plus late payment interest equal to 3 times the legal interest rate per day of delay.

3.4 Intuitu Personae

The Subscription is concluded intuitu personae for use exclusively by the Subscriber. The Subscriber agrees not to transfer, in whole or in part, the Subscription and/or any rights and obligations arising therefrom to a third party by any means whatsoever, whether in return for payment or free of charge, or by contribution of goodwill.

3.5 Customer Relations Department

For Subscription follow-up or any other question, the customer service department can be reached at the following email address : wearehere4you@petitbambou.com.

4. CHANGES TO THE SERVICES

FEELVERYBIEN reserves the right, without prior notice and at any time, to amend all or part of the Services and Content, to interrupt and/or delete any Service or Content that no longer meets FEELVERYBIEN's objectives or its customers' expectations.

FEELVERYBIEN may offer new services, free of charge or for a fee, the subscription and/or use of which may be subject to compliance with certain criteria or technical limitations, which will then be specified to the Subscriber.

5. RULES OF USE, RIGHTS AND LIABILITY

The creation of a Subscriber account does not in itself create rights. This is a declarative procedure for entering contact details. It is the Subscriber's responsibility to declare accurate contact details and to keep them up-to-date in the event of changes.

On the basis of this information, the account is associated with a "login" and "password" chosen by the Subscriber, which are strictly personal.

Each Subscriber acknowledges and accepts that any use made of the Services via his/her account shall be deemed to have been made under his/her responsibility, with his/her consent. The transfer of these access codes to a third party and their third-party use are strictly prohibited. Failure to comply with this rule may result in temporary suspension, after a first warning, or even cancellation of the Subscription if it is repeated.

If the Subscriber forgets his/her password, s/he can request its retrieval using the "Forgot your password?" function. In the event of accidental disclosure or theft of the password, the Subscriber must replace it as soon as possible, and inform FEELVERYBIEN's subscriber service. At the Subscriber's request, the latter will deactivate stolen accounts.

In the absence of prompt or immediate action, the account holder will be held responsible for any loss, theft, misappropriation or unauthorised use of his/her access codes and their consequences.

6. INTERNET NETWORK LIMITATIONS

FEELVERYBIEN undertakes to make every effort to secure access, consultation and use of information in accordance with the rules of Internet usage.

The Site and the App are accessible 24 hours a day, 7 days a week, except in the event of a force majeure situation or an event beyond FEELVERYBIEN's control and subject to any breakdowns and maintenance operations necessary for the proper functioning of the Digital Channels. Maintenance work may be carried out without prior notice to Subscribers.

The Subscriber uses the Services of the Site and App as is. The Subscriber also declares that s/he accepts the characteristics and limits of the Internet, and in particular acknowledges that:

• Use of the Digital Channels is done at his/her own risk;
• The Digital Channels are accessible as is and depending on their availability;
• The Subscriber is solely responsible for any downloads;
• The Subscriber is solely responsible for any damage to his/her computer or loss of data resulting from downloads or from viewing the Digital Channels;
• It is the Subscriber's responsibility to take all appropriate measures to protect his/her own data and/or software from contamination by any viruses circulating through the Digital Channels and/or the information and content;
• No advice or information, whether oral or written, obtained by the Subscriber from FEELVERYBIEN or during the use of the Digital Channels shall create any warranty not expressly provided for in these Terms & Conditions;
• The Subscriber is solely responsible for the use made of the information present on the Digital Channels and, consequently, FEELVERYBIEN cannot be held liable for direct or indirect damage resulting from the use of said information;
• The Subscriber is solely responsible for the use of sites with a hyperlink to the Digital Channels;
• The Subscriber is aware of the nature of the Internet, in particular its technical performance and response times for consulting, querying or transferring information;
• Communication of the Subscriber's access codes or any information deemed confidential is done under the Subscriber's own responsibility;
• It is the Subscriber's responsibility to take all necessary measures to ensure that the technical characteristics of his/her equipment are such that s/he can consult the information;
• The Services offered by FEELVERYBIEN comply with current French legislation.

7. FORCE MAJEURE

FEELVERYBIEN cannot be held liable for any failure to meet its contractual obligations in the event of a force majeure situation: disasters, fires, strikes, internal or external failures or breakdowns, and in general any event preventing the proper transmission and/or execution of data.

8. PERSONAL DATA AND PROTECTION OF PRIVACY

For the purposes of executing the Services, FEELVERYBIEN, in its capacity as data controller, is required to process the Subscriber's personal data.

FEELVERYBIEN undertakes to implement adequate measures to ensure the protection of personal data and to process and use such data in compliance with the applicable provisions, in particular with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 known as the "General Data Protection Regulation" (GDPR), French Act No. 78-17 of 6 January 1978 as amended, in its most recent version in force, known as the "Data Protection Act", as well as any applicable national and European provisions supplementing them.

To learn more about the management of his/her personal data and to exercise his/her rights, the Subscriber may read FEELVERYBIEN’s privacy policy, accessible at the following link : https://www.petitbambou.com/en/privacy.

9. SUBSCRIPTION DURATION, TERMINATION AND RIGHT OF WITHDRAWAL

The Subscription is taken out for the chosen duration, and is renewable by tacit agreement for an identical duration, unless the right of withdrawal or cancellation/termination is exercised in accordance with the provisions of these Terms & Conditions.

Termination of the Subscription contract, for whatever reason, will render access to the Services and App unusable.

9.1 Cancellation by You

Subscribers may cancel their Subscription, provided they give at least forty-eight (48) hours' notice prior to the current expiry date. This can be done either by accessing the account settings on the Site or App, or by contacting the customer service department at the email address wearehere4you@petitbambou.com.

Cancellation of a monthly subscription takes effect at the end of the applicable monthly period, and cancellation of an annual subscription takes effect at the end of the applicable annual period.

9.2 Termination by Us

FEELVERYBIEN reserves the right to terminate a Subscriber's subscription and access to the databases, without delay and without notice, should the Subscriber fail to comply with any of the clauses of the Terms & Conditions. In this case, FEELVERYBIEN will inform the Subscriber thereof and retain all sums that s/he has already paid, without the latter being able to claim any reimbursement, without prejudice to any action for damages that FEELVERYBIEN may be entitled to claim.

9.3 Right of Withdrawal

Pursuant to the provisions of articles L. 222-7 et seq. of the French Consumer Code, all Subscribers have a period of fourteen (14) full calendar days in which to exercise their right of withdrawal, without having to justify their decision or incur any penalties. This period starts to run from the day on which the distance contract is concluded, i.e. from the date on which FEELVERYBIEN begins to provide the Services to the Subscriber.

To exercise his/her right of withdrawal, the Subscriber must inform FEELVERYBIEN of his/her decision to withdraw either by using the withdrawal form template below, or by submitting a clear and unequivocal request.

Any request to exercise the right of withdrawal must be sent either by post to the address indicated in Article 1, or by email to legal@petitbambou.com. It is also possible for the Subscriber to submit this request via the contact form available in the "Contact us" tab (available in your Subscriber area of the Site or in the "Assistance" section of the App settings), or directly via the following address: https://support.petitbambou.com/hc/en-us.

Withdrawal form: Please complete and return this form only if you wish to withdraw from the Subscription contract.

For the attention of FEELVERYBIEN, 99C, boulevard Constantin Descat - Tourcoing (59200) FRANCE, email: legal@petitbambou.com

I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the provision of the following services:

Ordered on:
Name of consumer(s):
Address of consumer(s):

Signature of consumer(s) (only in the case of notification of this form on paper):

Date:

(*) Delete as appropriate.

10. COPYRIGHT AND INTELLECTUAL PROPERTY

All distinctive signs, trademarks, logos, texts, illustrations and images reproduced within the Content are protected by copyright and/or intellectual property law, worldwide, and may not be reproduced, used or represented without FEELVERYBIEN’s express permission.

Only a right of use is granted, to the exclusion of any transfer of property rights of any kind whatsoever: as such, the Content accessed by the Subscriber may not, under any circumstances, even partially, be reproduced, represented, loaned, exchanged or transferred, or subject to any full or partial extraction of data, qualitatively or quantitatively substantial reuse of the Content, or repeated and systematic reuse and extraction of qualitatively or quantitatively non-substantial parts of the Content and/or transfer to another medium. Access to the Digital Services only confers a non-exclusive licence that is non-transferable to third parties.

The obligations stipulated herein are applicable for the duration of the intellectual property rights of the Content and for any country, including after termination of the Terms & Conditions. Any other use is subject to FEELVERYBIEN’s prior written permission, on pain of legal action. The Subscriber is solely responsible for any breach of the obligations set forth herein.

11. WARRANTY AND LIABILITY

FEELVERYBIEN is only liable for the conformity of the Services to their description on the Digital Channels or in the catalogue or to their commercial documentation. It is the Subscriber's responsibility to prove any non-conformity. FEELVERYBIEN may not be held liable for the photographs showing the Content, since they do not come under the contractual scope. The Services comply with current French legislation. FEELVERYBIEN shall not be held liable in the event of non-compliance with the legislation of the country where the Service might be implemented outside Mainland France, in particular outside the European Union.

Neither shall FEELVERYBIEN be held liable for any damage suffered by the Subscriber or by a third party, resulting directly or indirectly from (i) failure by the Subscriber to comply with any of his/her obligations, (ii) negligence or (iii) use of a Service for purposes other than those known. The Subscriber remains solely responsible for the choice of Services and their suitability for his/her needs, and acknowledges having received the necessary and sufficient advice and information on (i) their conditions of use, (ii) their capacities and, (iii) performance limits. The Subscriber remains solely responsible for the use and/or information contained in the Services and/or the interpretations s/he makes of the documents and data s/he consults, the results s/he obtains, deduces therefrom and/or issues, the advice s/he gives, the questions s/he submits and the actions s/he takes on the basis of the answers and documents provided. The Subscriber is informed at the time of purchase that the Services are intended for professionals and are in no way meant to replace his/her good judgement nor assume his/her responsibilities.

FEELVERYBIEN may only be held liable in the event of fault or negligence that is (i) attributable exclusively to FEELVERYBIEN, (ii) proven, and (iii) limited to direct damages, to the exclusion of any indirect damages of any kind whatsoever, in particular loss of opportunity, lost profits or operating loss. The total amount of compensation and any sum payable by FEELVERYBIEN may not exceed - for any reason whatsoever, all penalties being deducted, including any returns that may be ordered, in particular in the event of termination or cancellation of this contract - the total amount of the price paid during the last twelve (12) months by the Subscriber for the Services concerned. This limitation is stipulated with regard to the prices and royalties agreed and forms part of the economic equilibrium of the contract. Finally, the Subscriber waives any proceedings against FEELVERYBIEN beyond a period of one (1) year after the occurrence of a damaging event.

12. APPLICABLE LAW AND JURISDICTION

These Terms and Conditions are governed by French law.

In the event of any dispute arising in connection with the performance hereof concerning the validity, performance or interpretation of the Terms & Conditions, the Parties may notify FEELVERYBIEN of any complaint or objection relating to elements or content present on the Digital Channels by post at the address indicated at the top of these Terms & Conditions and by email at the following address : wearehere4you@petitbambou.com.

This complaint must include all the elements justifying the unlawful nature of the content in question.

If attempts to reach an amicable settlement fail, any dispute relating to the application of these Terms & Conditions and/or relating to the conclusion, interpretation, performance or termination of the Contract for any reason whatsoever, as well as any consequences that may result therefrom, shall be submitted to the courts located within the jurisdiction of FEELVERYBIEN's registered office, notwithstanding warranty claims or multiple defendants, including in the case of emergency or precautionary proceedings, whether interim or by application.

Subscribers are also reminded that, in the event of a dispute, they may access the European online dispute resolution (ODR) platform accessible at the following address : https://ec.europa.eu/consumers/odr.

Since FEELVERYBIEN operates in several countries, the Terms & Conditions have been translated into several languages (English, Spanish, German, Italian and Dutch). In the event of any contradiction or necessary interpretation, the French version shall prevail.

Last update : 01/10/2024.