Terms and Conditions of Sale

This English version is provided for information only. In the event of any discrepancy, the French version prevails (see article 11.5).

1. Seller identification

The services are offered by SAS Accroche-toi, a simplified joint-stock company with share capital of €100,000, registered with the Paris Trade and Companies Register under number 849 989 744, whose registered office is at 22 rue François Truffaut, 75012 Paris, France (hereinafter “Le Triangle”). Intra-community VAT number: FR70849989744. Contact: letrianglebercy@gmail.com, +33 7 77 94 60 05.

2. Definitions

• Customer: any natural person who purchases a service, on site or on the letriangle.net website, for non-professional purposes.
• Member: a Customer holding a membership, a multi-entry pass or a course registration.
• Business Customer: any company or organisation that books a corporate event (article 9.3).
• Services: all the offers described in article 4.
• Website: the letriangle.net website and its online shop.

3. Scope

These terms and conditions of sale (the “Terms”) apply to every service sold by Le Triangle, on site or on the Website. They prevail over any other document, unless specific conditions are accepted in writing by both parties.

The Customer declares that they have read the Terms and the gym’s house rules before placing any order. On the Website, the Customer accepts them by ticking the box provided for this purpose before payment. The applicable Terms are those in force on the date of the order.

Le Triangle may amend the Terms at any time. Amendments do not apply to contracts in progress, unless the Customer agrees. The house rules, displayed in the gym, supplement the Terms; any changes to them are brought to Members’ attention by being displayed in the gym.

4. Services

The features, prices and conditions of each service are presented at reception and on the Website before any order. Contracts are personal: they may not be assigned or transferred, except as provided below for multi-entry passes. For a minor, the purchase is made by their legal guardian (see article 6).

4.1 Single entry

It gives access to the climbing areas, the fitness area and the sauna, with no booking and no time limit, during opening hours, for a single visit: leaving the gym ends the session.

4.2 Multi-entry passes

A pass entitles the holder to the number of sessions stated at the time of purchase, usable for 2 years from the date of purchase. It is personal and may be shared between a maximum of 2 people, named at the time of purchase or at reception and eligible for the same rate. Sessions not used by the expiry date are lost, subject to the right of withdrawal (article 7). Some passes are restricted to specific days or times (off-peak hours, Mondays): these restrictions are stated at the time of purchase.

4.3 First Climb offer

Reserved for new customers and sold only on the Website, it includes one entry, climbing shoe rental, access to the sauna and a hot drink. It is valid for a single visit and does not include instruction.

4.4 Annual membership

Running for 12 months from the date of subscription, it gives unlimited access during the hours covered by the chosen plan (all hours or off-peak hours). It is payable in full or in 12 monthly instalments by registered bank card (article 5.4). Monthly payment is a payment facility only: the membership remains taken out for 12 months, except in the cases set out in article 8.3.

4.5 Monthly membership

With no minimum commitment period, it is taken out at reception and paid each month by debit from the bank card registered at the time of subscription. It may be cancelled at any time in accordance with article 8.2.

4.6 Annual courses

Adult, teen and children’s group courses follow the French school calendar, according to the schedule and number of sessions stated at registration. Registration is for the whole year and is paid in full or in 10 monthly instalments by registered bank card. A class missed by the student is neither refunded nor made up, unless Le Triangle agrees otherwise.

4.7 Course passes and private lessons

They are valid for the period stated at the time of purchase. Each session must be booked with Le Triangle within the notice period stated on the service page.

4.8 Children’s camps, birthday parties and corporate events

These are services provided on a specific date, governed by article 9 as regards cancellation and rescheduling.

4.9 Gift cards

A gift card is valid for 12 months from its purchase for the service or amount stated. It can neither be refunded nor exchanged for cash, unless the purchaser exercises the right of withdrawal (article 7). A lost or expired card cannot be replaced.

5. Prices, orders and payment

5.1 Prices

Prices are shown in euros, all taxes included. The applicable price is the one displayed on the day of the order. Reduced rates are granted on presentation of valid proof at reception; failing this, the difference with the full rate is payable.

5.2 Ordering on the Website

The Customer selects the service, checks the order summary and total price, accepts the Terms, then confirms payment. The order is final once payment is confirmed. Le Triangle sends a confirmation email setting out the service, the price, the Terms and the withdrawal form. The Customer uses their purchase at reception simply by giving their name.

5.3 Payment methods

On the Website, payment is made by bank card through a secure payment provider; Le Triangle never has access to the full card details. On site, payment is accepted by bank card, cash or cheque, within legal limits.

5.4 Monthly payment by registered bank card

When the Customer chooses to pay monthly (annual membership, monthly membership, annual courses), they register their bank card with the payment provider used by Le Triangle (Déciplus software). To do so, they give separate and express consent, by ticking an unticked box or by signing, specifying the amount, frequency and dates of the debits. The first instalment is paid on subscription. Le Triangle never stores the card security code.

The Customer undertakes to keep a valid card for the entire instalment period. In the event of expiry, loss, theft or card cancellation, they register a new payment method. The registered card may only be used for the scheduled instalments and for sums due under the same contract; it may not be used to charge for a new service without the Customer’s fresh consent.

5.5 Payment incidents

If an instalment is declined, Le Triangle informs the Customer by email of the unpaid amounts and how to settle them, and may then present the payment again on the registered card. The Customer has 30 days from this notice to settle. Access to the gym is suspended during this period. After two incidents, consecutive or not, that remain unsettled 30 days after a new formal notice expressly referring to this clause, Le Triangle may terminate the contract by email. Termination does not cancel the sums still owed. No fee may be charged for non-payment unless provided for in the contract and permitted by law.

6. Access conditions

6.1 Reception

Access is granted when the Customer gives their name at reception, which checks that the service is valid. Opening hours are displayed at the entrance and on the Website. Exceptional opening hours (summer, public holidays) are announced in advance and do not give rise to any compensation.

6.2 Equipment

Climbing shoes are compulsory in the climbing areas; they can be rented at reception when not included in the service. Lockers are available during the session: the Customer brings their own padlock and remains responsible for their personal belongings.

6.3 Minors

Minors under 14 must climb under the constant supervision of a responsible adult present in the gym, except during a supervised course or camp. Minors aged 14 to 17 may climb without an adult. Any access by a minor to the climbing area requires a parental authorisation signed by their legal guardian, together with a copy of the guardian’s identity document.

6.4 Gym rules

The Customer complies with the Terms, the house rules displayed in the gym and staff instructions. Le Triangle may refuse access to, or exclude, any person whose behaviour endangers the safety of others, constitutes an offence, or is a serious or repeated breach of the house rules. A permanent exclusion follows the procedure in article 8.1.

6.5 Included services

Access to the sauna and to the training and warm-up equipment is included at no extra cost. Le Triangle may modify them for safety or maintenance reasons without giving rise to a refund, unless the modification deprives the service of an essential element.

7. Right of withdrawal

7.1 Principle

For any service purchased at a distance (on the Website, by phone or by email), the consumer Customer has 14 days to withdraw without giving any reason, in accordance with articles L221-18 et seq. of the French Consumer Code. This period runs from the conclusion of the contract, i.e. the confirmation of the order. There is no right of withdrawal for services purchased on site, at the gym’s reception.

7.2 How to withdraw

The Customer informs Le Triangle of their decision before the period expires, by email to letrianglebercy@gmail.com or by post to 22 rue François Truffaut, 75012 Paris, France, using the model form below or any other unambiguous statement.

7.3 Refund

Le Triangle refunds all sums paid no later than 14 days after being informed of the withdrawal, using the same payment method as for the purchase, unless the Customer expressly agrees to another method, at no cost to the Customer.

7.4 Service started during the withdrawal period

When ordering online a service that can be used immediately (entry, multi-entry pass, membership, First Climb offer, private lesson), the Customer expressly requests, by ticking the box provided for this purpose, to be able to use it as soon as the order is confirmed, and acknowledges losing their right of withdrawal once the service has been fully used. If the Customer withdraws after starting to use the service but before using it fully, they pay an amount proportionate to what was provided up to the withdrawal: the sessions already used for a pass, the elapsed period for a membership.

7.5 Exceptions

In accordance with article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised:

• for leisure services provided on a specific date or during a specific period: camps, birthday parties, events, and courses or sessions booked for a specific date. These services follow the cancellation rules of article 9;
• for a service fully used before the end of the withdrawal period, where the Customer gave prior express consent by ticking the box provided when ordering: for example a single entry or First Climb offer already used, or a pass whose sessions have all been used.

The Website informs the Customer of these exceptions before payment, on the service page and at the time of ordering.

8. Duration, termination and suspension

8.1 Termination by Le Triangle

Le Triangle may terminate a contract by registered letter with acknowledgement of receipt, after a formal notice that remains unheeded for 15 days, in the following cases: fraud when registering (false statement, false supporting document), a criminal offence committed in the gym, or serious or repeated breaches of the Terms and house rules. Non-payment follows the procedure in article 5.5. In the event of termination for misconduct, the sums corresponding to the unused period are refunded pro rata, less any sums owed.

If the gym closes permanently, Le Triangle may terminate current contracts with 2 months’ notice. It then refunds by bank transfer memberships and courses pro rata for the period remaining after the notice period, as well as unused pass sessions.

8.2 Cancelling a monthly membership

The Customer may cancel it at any time by email to letrianglebercy@gmail.com. A request received before the 10th of the month takes effect at the end of that month; a request received on or after the 10th takes effect at the end of the following month (example: email on 15 May, membership ends on 30 June). No debit is made after the end date. Le Triangle acknowledges receipt of the request by email.

8.3 Annual membership and annual courses

They cannot be terminated before the end of their term, except, on presentation of supporting documents: for medical reasons, pregnancy or inability to practise any sport for more than 6 months; or a job transfer requiring a move more than 20 km from the gym, provided this reason was unknown at the time of subscription. Termination takes effect on receipt of the supporting documents. The Customer is refunded pro rata for the remaining period, or the remaining instalments are cancelled.

8.4 Passes and gift cards

They are non-refundable, subject to the right of withdrawal (article 7) and to article 8.1 in the event of permanent closure.

8.5 Suspension

On presentation of a medical certificate stating an inability to practise for at least one month, the annual membership, monthly membership or annual courses are suspended for the period stated, up to a maximum of 6 months. For the monthly membership, debits are frozen from the month following the request until the restart date given by the Customer. The end date of the annual membership is postponed accordingly.

If the gym is closed for works or force majeure for more than 15 consecutive days, current memberships and courses are extended by the length of the closure, or debits are suspended for that period.

9. Cancellation and rescheduling of date-specific services

These services do not give rise to a right of withdrawal (article 7.5). Periods are counted in calendar days before the date of the service.

9.1 Children’s camps

Cancellation by the Customer	Conditions
More than 14 days before	Full refund, or a credit note valid for 12 months
14 to 7 days before	Credit note valid for 12 months for the amount paid, or a 50% refund
Less than 7 days before, or no-show	No refund
Child’s illness or injury (medical certificate)	Credit note valid for 12 months for the days not attended, at any time

The camp may be moved once to another session free of charge, up to 7 days before, subject to availability. A camp day missed during the week is not refunded.

9.2 Birthday parties

Situation	Conditions
Change of date	Free once, up to 7 days before, subject to availability
Cancellation more than 14 days before	Full refund
Cancellation 14 to 7 days before	50% refund, or a credit note valid for 12 months for the total amount
Cancellation less than 7 days before	No refund; may be rescheduled once if the birthday child is ill (medical certificate)
Number of children	Adjustable up to 3 days before; after that, the number booked is payable, subject to the minimum of the package

9.3 Corporate events (Business Customers)

The French Consumer Code does not apply: these conditions supplement the signed quote, which prevails in the event of any difference.

Situation	Conditions
Confirmation	Signed quote and 30% deposit; balance payable no later than the day of the event
Cancellation more than 30 days before	Deposit retained, or converted into a credit note valid for 12 months
Cancellation 30 to 15 days before	50% of the total amount of the quote
Cancellation less than 15 days before	100% of the total amount of the quote
Rescheduling	Free once up to 15 days before, to a date within 6 months, subject to availability
Number of participants	May be reduced by up to 10% until 7 days before; after that, the confirmed number is invoiced

9.4 Cancellation by Le Triangle

If Le Triangle cancels one of these services (minimum number of participants not reached, instructor unavailable, closure or force majeure), it offers a new date or a full refund, at the Customer’s choice. For camps, insufficient registrations are notified no later than 5 days before.

10. Insurance, liability and force majeure

10.1 Insurance

Le Triangle is insured with MAAF Pro (professional multi-risk policy no. 175089599 B – MCE – 003) for its civil liability and that of its staff, in accordance with articles L321-1 et seq. of the French Sports Code. Le Triangle informs the Customer of the benefit of taking out personal civil liability insurance and personal accident insurance covering bodily injury related to climbing.

10.2 Fitness to climb

No medical certificate is required. The Customer ensures that their state of health allows them to practise bouldering, where falls and landings on the mats are unavoidable. They follow the safety instructions displayed.

10.3 Rented equipment

Rented equipment must be returned at the end of the session. Any equipment not returned or damaged through abnormal use is charged at the replacement price shown at reception.

10.4 Liability

Le Triangle is not liable for theft or loss of personal belongings, including in the lockers, unless it is at fault. Nothing in the Terms limits Le Triangle’s liability for bodily injury caused by its fault.

10.5 Force majeure

Neither party is liable for a failure caused by force majeure within the meaning of article 1218 of the French Civil Code. The consequences for memberships and courses are governed by article 8.5.

11. Personal data, complaints and disputes

11.1 Personal data

The Customer’s data is processed by SAS Accroche-toi to manage orders, access to the gym, payments and customer relations (legal basis: performance of the contract). It is shared only with the necessary service providers (payment, management software, Website hosting). It is kept for the duration of the contract, then for 3 years after the last contact for marketing purposes unless the Customer objects, and for the legal periods for accounting documents (10 years).

Sending marketing offers by email requires the Customer’s consent; the Customer can unsubscribe at any time via the link in each message. The Customer has rights of access, rectification, erasure, restriction, portability and objection, which they can exercise by email to letrianglebercy@gmail.com or by post to the registered office. They may lodge a complaint with the CNIL, the French data protection authority (www.cnil.fr). Further information is available in the Website’s legal notice and cookie policy.

11.2 Complaints

Any complaint should be sent by email to letrianglebercy@gmail.com. Le Triangle replies within 15 days.

11.3 Mediation

If no amicable solution is found, the consumer Customer may refer the matter free of charge to the consumer mediator CM2C (www.cm2c.net, cm2c@cm2c.net, 14 rue Saint-Jean, 75017 Paris, France), within one year of their written complaint to Le Triangle, in accordance with articles L611-1 et seq. of the French Consumer Code. Mediation is not possible if the request is manifestly unfounded or abusive, or if the dispute has already been examined by another mediator or a court.

11.4 Applicable law

The Terms are governed by French law. In the event of a dispute with a consumer, the competent court is determined in accordance with the legal rules. In the event of a dispute with a Business Customer, the courts of Paris have exclusive jurisdiction.

11.5 Language

The Terms are written in French. An English translation is provided for information only; in the event of any discrepancy, the French version prevails.

Annex – Withdrawal form

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

To SAS Accroche-toi – Le Triangle, 22 rue François Truffaut, 75012 Paris, France – letrianglebercy@gmail.com:

I hereby give notice that I withdraw from the contract for the service below:

• Service: …
• Ordered on: …
• Order number: …
• Customer’s name: …
• Customer’s address: …
• Date: …
• Customer’s signature (only if sent on paper): …