GENERAL TERMS AND CONDITIONS OF SALE
1. Seller’s Identity and Scope of Application
These General Terms and Conditions of Sale, hereinafter referred to as the “GTC,” govern distance contracts entered into between:
THE PANASH, a single-member simplified joint-stock company with capital of 500 euros, whose registered office is located at 430 rue Ettore Bugatti, 34000 Montpellier, France, registered under number 948 683 982 in the Montpellier Trade and Companies Register, with intra-Community VAT number FR81948683982, hereinafter “THE PANASH”;
and any individual acting for purposes unrelated to his or her professional activities, hereinafter referred to as the “Customer.”
Email address: contact@thepanash.fr.
Phone: 0769765820.
These Terms and Conditions apply to:
– one-time purchase training programs;
– monthly sports coaching services;
– seminars organized by THE PANASH.
Services ordered by business customers are subject to specific contractual terms, which are provided with the offer or quote.
2. Submission of Bids
The key features of each offer are provided before the order is placed, either on the offer’s details page or in an offer or quote accompanied by its specific terms and conditions.
The Customer is encouraged to verify that the offer aligns with their objectives, skill level, and available equipment.
2.1. Programs in the ThePanash app
Purchasing a program grants access to the content described on its details page in ThePanash mobile app.
This purchase does not include coaching or individual follow-up.
The program's duration, objectives, equipment, and prerequisites are specified in its description.
2.2. Monthly Coaching
Coaching includes the services described in the selected package, including the terms and conditions regarding scheduling, communication, and follow-up.
It is offered in successive monthly periods, with no minimum commitment period beyond the period already paid for.
2.3. Seminars
Seminars are organized based on demand.
Their content, format, date or schedule, location (if any), price, and terms of participation are specified in an offer or quote prior to booking.
The special terms and conditions also specify the payment, cancellation, and rescheduling policies. They are provided to the Customer before the Customer commits to the service.
3. Order and Contract Formation
Before confirming their order, the Customer may review the essential details of the offer, its total price, and these Terms and Conditions.
He checks the information entered and can correct any errors before final approval.
The Customer acknowledges and accepts the Terms and Conditions before confirming their order, which constitutes an obligation to pay.
For services provided on a quoted basis, the contract is entered into in accordance with the terms of acceptance specified in the quote and its special terms and conditions.
A confirmation is sent to the Customer in a durable medium, such as by email. It includes the essential terms of the contract and the applicable conditions.
The Customer shall provide accurate contact information, including an email address that can be used to receive contractual information and access the purchased content.
4. Prices and Payment Terms
The applicable prices are those displayed before the order is confirmed or those listed in the accepted quote.
For offers intended for consumers, the total price is shown in euros, including all taxes, and any additional fees are disclosed before the contract is concluded.
THE PANASH may change the prices of its offers for future orders. A price change does not retroactively affect an order that has already been placed.
4.1. Programs
Programs are payable in full at the time of order.
The available payment methods are credit card and PayPal, depending on the options actually available at the time of payment.
The purchase of a program is a one-time transaction and does not result in any automatic renewal of the price.
4.2. Monthly Coaching
Coaching is billed on a monthly basis. The amount, payment terms, and recurring nature of the billing are disclosed before you sign up.
Each payment corresponds to a monthly service period.
A change to the rate applicable to an ongoing coaching session cannot be applied retroactively. The Client is notified of the change prior to its potential implementation and retains the option to terminate the service before the period in question begins.
4.3. Seminars
The payment schedule and terms are set forth in the accepted offer or quote.
4.4. Payment Issue
In the event of a payment issue, THE PANASH will notify the Customer so that the Customer can resolve the matter.
Any suspension is limited to the services affected by the unpaid balance and takes effect after the Customer has been notified, in accordance with the Customer’s rights.
5. Installing the app and accessing the program
Access to the program is activated immediately after payment is confirmed, subject to the collection of the consents regarding the immediate provision of digital content as provided for in Article 8.
To view their schedule, the Customer must:
– Have a compatible smartphone and an Internet connection;
– Install the ThePanash mobile app from the Apple App Store or the Google Play Store;
– Create an account or sign in using the same email address you provided when placing your order.
The technical requirements and compatible systems are specified in the app’s listing in the relevant app store. The relevant compatibility information is provided to the Customer prior to purchase.
The Customer is responsible for Internet connection fees in accordance with the contract with their service provider.
The Customer is responsible for keeping their login credentials confidential. In the event of an error in the email address, activation difficulties, or access issues, the Customer may contact THE PANASH at contact@thepanash.fr.
The installation and connection instructions do not limit THE PANASH’s obligations regarding the provision and compliance of the program.
6. Duration of Program Access
No individual expiration date has been set: the program remains available for as long as the ThePanash app is in operation.
The duration of access to the content is separate from the training period specified in the program.
This offer does not constitute a promise that the application will be operated indefinitely.
In the event of a planned permanent discontinuation of the service, THE PANASH will notify the affected Customers in advance, in a durable medium, of the consequences for their access and the proposed solutions.
The suspension of the app does not relieve THE PANASH of its legal obligations or the Customer’s rights in the event of a breach of contract or lack of conformity.
7. Term and Termination of Monthly Coaching
Coaching is renewed on a monthly basis until it is terminated.
The Customer may request termination at any time, without prior notice, by simply sending a request to THE PANASH, such as by email to contact@thepanash.fr.
He can also use the online cancellation feature available in his account dashboard.
The cancellation takes effect at the end of the monthly period for which payment has already been made. The Customer continues to receive coaching services until that date.
A cancellation request prevents the next renewal. If a payment covering a period after the effective cancellation date is charged in error, it will be refunded.
THE PANASH confirms receipt of the request and the contract's end date in writing.
Ordinary termination does not entitle the Client to a refund for the current period, during which coaching services continue to be provided. This provision does not limit the Client’s right of withdrawal or the Client’s rights in the event of a breach by THE PANASH.
8. Right of Withdrawal
8.1. Principle
Unless otherwise provided by law, the Customer has fourteen days from the date the contract is concluded to exercise the right to cancel, without having to provide a reason for the decision.
He may communicate his decision through an unambiguous statement:
– by email at contact@thepanash.fr;
– by mail at THE PANASH, 430 Ettore Bugatti Street, 34000 Montpellier, France;
– using the online cancellation feature accessible through your account dashboard.
The form at the end of the Terms and Conditions may be used, though it is not required.
When the right of withdrawal entitles the Customer to a refund, THE PANASH will refund the amounts due no later than fourteen days after receiving the Customer’s notice.
Refunds will be issued using the same payment method as the original transaction, unless the Customer expressly agrees to a different method, at no additional cost.
8.2. Digital Programs: Immediate Delivery and Loss of the Right of Withdrawal
The programs are digital content provided without physical media, accessible through the ThePanash app.
To ensure immediate delivery before the fourteen-day period expires, THE PANASH collects the following information prior to activation:
– the Customer’s express consent to the commencement of performance before the end of the withdrawal period;
– the Customer’s acknowledgment that they forfeit their right of withdrawal as of the commencement of such performance.
These consents are obtained through a specific action by the Customer, separate from the general acceptance of the Terms and Conditions. They are not preselected.
THE PANASH confirms these consents to the Customer in a durable medium, specifically in the order confirmation email.
Once all of these conditions have been met and the delivery of the program has begun, the Customer no longer has the right of withdrawal for this digital content, in accordance with Article L. 221-28, paragraph 13, of the Consumer Code.
If these conditions are not met, THE PANASH cannot invoke this exception to the right of withdrawal against the Customer.
The loss of the right of withdrawal does not affect the Customer’s statutory warranties or remedies in the event of failure to deliver, nonconformity, or any other breach of contract.
8.3. Coaching that began before the deadline
If the Client wishes to begin coaching before the withdrawal period expires, THE PANASH will record the Client’s express request.
If the Customer withdraws after the service has begun, the Customer may be liable for the amount corresponding to the service actually provided up to the time the Customer communicated his or her decision, in proportion to the agreed-upon price and in accordance with the conditions provided by law.
Simply beginning the coaching does not result in the loss of the right of withdrawal.
For a service fully performed before the end of the time limit, the loss of this right requires, in particular, that the Customer have given its prior and express consent at the start of performance and acknowledged that it would lose this right once the service was fully performed.
8.4. Seminars
The cancellation policy applicable to the seminar is specified in its specific terms and conditions prior to booking.
The exception regarding recreational activities provided on a specific date or during a specific period applies only when the service actually meets the legal requirements. It is not automatically applied to all seminars.
In the absence of any applicable exceptions, the Customer has the right to cancel the purchase under the conditions provided by law.
9. Cancellation and Rescheduling of Seminars
The terms and conditions for cancellation or rescheduling at the Customer’s request are specified in the special terms and conditions accepted prior to booking.
These terms and conditions do not limit the Customer's statutory rights.
In the event of cancellation by THE PANASH, an alternative date or a replacement may be offered. The Customer is free to accept it.
In the absence of an agreement on an alternative solution, the amounts corresponding to the canceled and unperformed services shall be refunded, without prejudice to any other applicable rights.
The Client is notified of the consequences of a substantial change to the service in a manner that respects the Client’s rights.
10. Legal Warranties for Digital Content and Services
THE PANASH is responsible for the legal warranties applicable to the programs and digital access to them.
To request that these measures be implemented, the Customer may contact:
THE PANASH
430 Ettore Bugatti Street, 34000 Montpellier, France
contact@thepanash.fr
Since access to the program is maintained for the contractual term specified in Article 6, the following provisions pertain to its continued provision.
Statutory Warranty of Conformity for Digital Content and Services
The consumer is entitled to have the statutory warranty of conformity applied in the event that a lack of conformity arises during the entire contractual supply period defined in Article 6, beginning on the date of delivery of the digital content or digital service. During this period, the consumer is only required to establish the existence of the lack of conformity, not the date on which it arose.
The statutory warranty of conformity entails an obligation to provide all updates necessary to maintain the conformity of the digital content or digital service throughout this contractual supply period.
The statutory warranty of conformity entitles the consumer to have the digital content or digital service brought into conformity without undue delay upon request, at no cost, and without significant inconvenience to the consumer.
The consumer may obtain a price reduction while retaining the digital content or digital service, or may terminate the contract and receive a full refund in exchange for relinquishing the digital content or digital service, if:
1° The seller refuses to bring the digital content or digital service into conformity;
2° Bringing the digital content or digital service into conformity is unduly delayed;
3° Bringing the digital content or digital service into conformity cannot be achieved without costs being imposed on the consumer;
4° Bringing the digital content or digital service into conformity causes significant inconvenience to the consumer;
5° The lack of conformity of the digital content or digital service persists despite the trader’s unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a price reduction or termination of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. In such cases, the consumer is not required to first request that the digital content or digital service be brought into conformity.
In cases where the lack of conformity is minor, the consumer is entitled to rescind the contract only if the contract does not provide for the payment of a price.
Any period during which the digital content or digital service is unavailable while being brought into conformity suspends the warranty period that remained until the digital content or digital service is once again in conformity.
These rights arise from the application of Articles L. 224-25-1 through L. 224-25-31 of the Consumer Code.
A business that, in bad faith, obstructs the enforcement of the legal warranty of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to up to 10% of average annual revenue, in accordance with Article L. 242-18-1 of the Consumer Code.
The consumer is also covered by the statutory warranty against hidden defects pursuant to Articles 1641 through 1649 of the Civil Code, for a period of two years from the date the defect is discovered. This warranty entitles the consumer to a price reduction if the digital content or digital service is retained, or to a full refund in exchange for relinquishing the digital content or digital service.
11. Sports Participation and Responsibility
The programs, coaching sessions, and seminars are designed to provide athletic training and support.
They are neither a medical diagnosis nor a treatment, and they do not replace a consultation with a healthcare professional.
The Customer adapts their practice to their abilities, follows safety guidelines, and uses appropriate equipment.
As part of individual coaching, he or she communicates any limitations that are relevant to adapting the service. If there are any doubts about his or her fitness or if any unusual symptoms arise, he or she seeks the advice of a healthcare professional.
Results depend, among other things, on your starting level, consistency, recovery, and individual factors. THE PANASH does not guarantee a specific athletic outcome.
THE PANASH remains liable for the performance of its obligations under the terms provided by law. No provision of these Terms and Conditions excludes or limits any liability that cannot be legally excluded or limited.
12. Intellectual Property and Use of Content
The programs and content are protected by the intellectual property rights of THE PANASH or their respective owners.
The purchase grants the Customer a personal, non-exclusive right of use within the scope of the subscribed service.
Unless prior authorization has been granted or a legal exception applies, the Customer may not share their login credentials, distribute the content to third parties, reproduce it for distribution purposes, resell it, or use it for commercial purposes.
The purchase does not transfer any intellectual property rights.
13. Personal Data
THE PANASH processes the personal data necessary for order management, program access, and the provision of services, in accordance with the procedures described in its privacy policy.
This policy specifies, in particular, the purposes, legal bases, recipients, retention periods, any transfers, and the procedures for exercising rights.
It is available on our privacy policy page.
14. Consumer Complaints and Mediation
The Customer may submit a complaint to contact@thepanash.fr or by mail to THE PANASH, 430 rue Ettore Bugatti, 34000 Montpellier, France.
After filing a prior written complaint, and provided the conditions for admissibility are met, the consumer-customer may, free of charge, seek the assistance of the consumer ombudsman with jurisdiction over THE PANASH:
CM2C — Consumer Mediation Center for Judicial Mediators
Address: 49 rue de Ponthieu, 75008 Paris, France.
Website: https://www.cm2c.net/.
Email address for submitting cases: declarer-un-litige@cm2c.net.
The Customer may submit a request online via the CM2C website, by mail, or by email, attaching the documentation needed to substantiate their prior claim with THE PANASH.
The request for mediation must be filed no later than one year after the written complaint was sent to THE PANASH, subject to other legal conditions for admissibility.
Mediation is optional. The Customer retains the right to bring the matter before the competent courts.
15. Governing Law and Dispute Resolution
These Terms and Conditions are governed by French law.
This choice does not deprive the Customer of the mandatory protective provisions to which he or she is entitled, particularly if he or she resides in another country.
Disputes shall be resolved by the competent courts in accordance with applicable rules. The consumer is not subject to the exclusive jurisdiction of the court where THE PANASH is headquartered.
16. Applicable Version of the Terms and Conditions
The applicable version is the one accepted and provided to the Customer at the time the contract is entered into.
An update to the Terms and Conditions does not retroactively change an order that has already been placed.
Last updated: Sept. 5, 2026.