Committed to
Sustainable Nutrition
GENERAL TERMS AND CONDITIONS OF SALE
1. Purpose
These General Terms and Conditions of Sale, hereinafter referred to as the “GTC”, are intended to determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by Alicia Gustave, dietitian, hereinafter referred to as the “Seller”, and to define the terms of sale offered on the website: apgdietetique.com, hereinafter referred to as the “Site”.
2. Identification of the Seller
Name / Business name: Dietary Advice, APG Diététique
Legal status: Sole proprietorship
Address: 7 rue Anne Leclerc, 53300 Ambrières-les-Vallées
Email: nutrition@apgdietetique.com
SIRET: 50 30 66 79 70 00 54
3. Scope of application
These GTC apply to any order placed on the Site by a consumer within the meaning of the French Consumer Code.
Any order implies full and complete acceptance of these GTC, without reservation.
The Client declares that they are legally able to enter into a contract under French law or validly represent the natural or legal person on whose behalf they are acting.
The Seller reserves the right to modify these terms at any time by publishing a new version on her website. The applicable GTC are those in force on the date of payment of the order.
4. Description of the Site
The website offers dietary care services.
These services may be provided:
At a distance
At home, at the workplace, or in premises designated by the Seller
The content of the website, as well as the dietary care provided by the Seller, does not exempt from or replace consultation with a doctor. Under no circumstances may any medical treatment be started, modified, or stopped without the advice of the Patient’s doctor.
The Seller will take the necessary steps to obtain all the information she needs concerning the Patient. However, if the Patient voluntarily or involuntarily fails to inform her of one or more medical conditions, the Seller cannot be held liable.
Through this website, the Seller will also share recipes, personal goals, and various other articles likely to enrich the site, which Users or Patients may consult at any time while browsing the site.
In addition, the Seller may later publish reviews from patients who have given her permission, so that Users can get an idea of the dietary work carried out and the experience of patients who have received follow-up support.
5. Dietary care services
5.1 Booking appointments and acceptance of the General Terms and Conditions of Sale
Dietary care provided by the Seller is by online appointment via: apgdietetique.com
5.2 Conditions necessary for the proper performance of the services
5.2.1 Remote care, videoconference
The Seller offers the User the possibility of receiving care remotely by videoconference. The User or Patient must ensure that they have:
A valid email address
A valid telephone number
An internet connection so that the remote care offered by the Seller can take place
The Seller chooses not to provide consultations, including dietary assessments and follow-ups, by telephone. However, for questions about the services offered on this site or questions following a dietary assessment or follow-up, the Seller remains fully reachable by telephone.
5.3 The appointment: confirmation, lateness, absence, cancellation
5.3.1 Confirmation of the appointment
The Seller undertakes to send an SMS 48 hours before the appointment. If there is no response, she will telephone 24 hours before the appointment. If there is no response 12 hours before the appointment, the appointment will be cancelled.
5.3.2 Lateness
The User or Patient is required to respect appointments and the times previously agreed.
Any lateness on the part of the Patient will be considered due during the appointment.
Any lateness on the part of the Seller will incur her responsibility. She must make up this time either at the end of the consultation or during the following consultation.
5.3.3 Absence / Cancellation
The Patient will be informed promptly if the Seller is unable to attend, and consultations will be postponed to a later date.
Any absence or cancellation of an appointment not brought to the Seller’s attention will be due, and an invoice for fees will be sent. However, the Seller will postpone the appointment to a later date if the Patient has informed her of their absence or cancellation.
6. Characteristics of the services, prices, travel
The prices of the various services offered by the Seller through the website https://www.apgdietetique.com are indicated in euros excluding tax. The micro-enterprise is not subject to VAT, VAT not applicable, Article 293 B of the French General Tax Code. These prices are clearly specified on the service description pages. The Seller reserves the right to modify her prices at any time for the future.
The Seller offers dietary care at home or at the workplace within a radius of 30 km around Ambrières-les-Vallées. Beyond this, travel expenses will be charged at €1 for each additional kilometre, within a limit of 50 km around Ambrières-les-Vallées.
Example: Laval is 45 km from Ambrières-les-Vallées, meaning an additional 15 km. The travel costs to be added to the care service are €15.
When booking the appointment, the Seller will send the User or Patient by email a quote for the care service, including care and travel costs if applicable, as well as these GTC, so that the User or Patient is fully informed of the price.
7. Payment terms
Payment is made by bank transfer to the account of Mrs Alicia Gustave:
IBAN: FR76 2823 3000 0151 3977 5077 340
BIC: REVOFRP2
Revolut Bank UAB, 10 avenue Kléber, 75116 Paris, France
The order is considered final after payment has been validated.
8. Conclusion of the online contract
In accordance with the provisions of Article 1127-1 of the French Civil Code, the Client must follow a series of steps to conclude the contract electronically in order to place their order: information on the essential characteristics of the Product or Service; choice of the Product or Service; provision of the Client’s essential contact details, including identification, email address, address, and so on; acceptance of these General Terms and Conditions of Sale; verification of the order details; and booking of the appointment.
The Client will receive an email confirming the appointment, accompanied by an invoice to be paid by bank transfer in order to finalise the order.
9. Right of withdrawal
Not applicable, as the service concerns digital content provided on an intangible medium and a subscription contract for these services, the performance of which has begun with your agreement and for which you have waived your right of withdrawal.
10. Complaints and mediation
Where applicable, the Client may submit any complaint by contacting the Seller electronically at: nutrition@apgdietetique.com.
In accordance with Articles L. 611-1 to L. 616-3 of the French Consumer Code, the Client is informed that they may use a consumer mediator under the conditions provided for in Title I of Book VI of the French Consumer Code.
11. Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of the Seller. No transfer of intellectual property rights is made under these GTC. Any total or partial reproduction, modification, or use of these assets for any reason whatsoever is strictly prohibited.
12. Force majeure
The performance of the Seller’s obligations under these terms is suspended in the event of an unforeseeable event or force majeure preventing performance. The Seller will notify the Client of the occurrence of such an event as soon as possible.
13. Nullity and modification of the contract
If one of the provisions of this contract is annulled, such annulment shall not result in the annulment of the other provisions, which shall remain in force between the parties.
Any contractual modification is valid only after written agreement signed by the parties.
14. Confidentiality
In accordance with the provisions of French Law No. 78-17 of 6 January 1978, as amended, relating to information technology, files, and freedoms, you have the right to access, question, modify, and delete information concerning you. This right may be exercised at any time with the Seller by sending an email to: nutrition@apgdietetique.com.
The Seller is bound by professional secrecy. No information concerning the User will be disclosed to a third party, including members of the medical profession or others, except where:
There has been a request or proposal for care by a doctor
The Seller observes that the Patient’s situation is concerning and that their doctor must be informed
A letter is given to the Patient so that they may choose to give it themselves to their referring doctor or another doctor
These documents will be stored electronically on a secure platform certified for HDS, meaning health data hosting. The Seller may share documents concerning the Patient via Gmail by sending emails using the confidentiality function. The email may then be viewed by the Patient using a code received by SMS and will be accessible for one week before the content is deleted.
Amelie Nesi invites you to view the “Personal Data Protection” section in more detail by clicking here.
Personal Data Protection
Data Protection Officer
Surname, First name: Gustave Alicia
Address: 7 rue Anne Leclerc, 53300 Ambrières-les-Vallées
Telephone: 06 85 74 75 66
Email address: nutrition@apgdietetique.com
Personal data collected and its use
The personal data requested by the Seller will be used solely for the purpose of caring for her patients.
All of this data will be used to establish dietary care, including contacting the Patient, enabling appropriate dietary care during assessment and follow-up consultations, and preparing fee statements.
Transfer of personal data
The Seller is bound by professional secrecy. No information concerning the Patient will be disclosed to a third party unless it is necessary. From time to time, communication with the Patient’s doctor or doctors may be necessary so that the care can be provided in the best possible way:
A request from a doctor via a letter requesting care
Observation by the Seller of a concerning situation regarding the Patient’s health that must be known by their doctor
A letter may be provided to the Patient so that they have the option of giving it themselves to their referring doctor or another doctor
Security of personal data
The Seller stores this data securely using hosting certified for health data, HDS.
Data retention period
Data necessary for order management and invoicing: for the entire duration of the commercial relationship and for ten years in accordance with accounting obligations.
Rights concerning this data
In accordance with the provisions of French Law No. 78-17 of 6 January 1978, as amended, relating to information technology, files, and freedoms, you have the right to access, question, modify, and delete information concerning you, as well as the right to data portability. These rights may be exercised at any time by contacting Nesi Amélie by email at nutrition@apgdietetique.com or by post.
For a portability request, the Seller will have a minimum period of one month and a maximum of three months if the requests are complex and/or numerous after the Patient’s request.
For an access request, including rectification, updates, or deletion, the Seller has a maximum period of one month for a simple request, a maximum of three months if the requests are complex and/or numerous, or a maximum of eight days for health data.
In all cases, the Seller is obliged to provide an update on the request within one month.
Please note that data collected which is necessary for compliance with legal obligations and/or for the establishment, exercise, or defence of legal claims cannot be deleted.
If the complaint made to the Seller is not satisfactory, the applicant may contact the CNIL, the French National Commission for Information Technology and Civil Liberties, which is responsible for ensuring compliance with obligations relating to personal data.