TOMATIS Developpement SA

  1. GENERAL INFORMATION ā€“ PRESENTATION
    1. These General Terms and Conditions of Sale apply to the distance selling of products and services for application of the TomatisĀ® Method, by TOMATIS DEVELOPPEMENT SA, a company with a capital of 266 800 EUR, registered  in Luxembourg under  RC B76636  and whose registered office is located at 76 avenue de la LibertĆ© ā€“ L- 1930 Luxembourg – (hereinafter referred to as “TOMATIS” or the “Seller“), or through any of its affiliates
    1. The Seller offers a complete package of products and services, described in article 3 hereinafter, to implement the TomatisĀ® Method, a neurosensory stimulation   which purpose is to contribute to improvement of motor, emotional and cognitive abilities.  This method works in the form of sessions during which the subject is required to listen to specially processed music through devices calibrated with specific settings (hereinafter ā€œTomatisĀ® Methodā€).
    1. The provision of the TomatisĀ® Method under these terms is exclusively reserved for practicing professionals ā€“ holding a recognized diploma or a proof of qualification in the country in which they practice ā€“ namely:
  2. medical and complementary healthcare practitioners: psychologists, speech therapists, occupational therapists, physical therapists, medical practitioners, doctors, pediatricians, neurologists; as well as
  3. educators: teachers, educators, special needs teachers or educators, music and vocal coaches.
  4. Both public and private institutions, including professionals in the fields of therapy, education, medicine, social work and music
  5. (hereinafter referred to as “Professionals“).
    1. The sale of the TomatisĀ® Method is excluded in some countries and purchasers from these specific countries would not be able to purchase the TomatisĀ® Method online (hereinafter ā€œExcluded countriesā€).
  1. These General Terms and Conditions of Sale (the “Terms“) constitute a formal, legally binding agreement between the Seller, on the one hand, and the Professionals, on the other hand, governing the sale of TomatisĀ® Method.
  • ACCESS TO THE PRODUCTS AND SERVICES CATALOG
    • Professionals may consult the products and services constituting the TomatisĀ® Method offered for sale by the Seller on the latter’s website:
    https://bbb.tomatis.academy
    • The description provided on the Website informs the Professional of the essential characteristics of the products and services and their price.
    • Professionals are informed that the availability of the Products presented in the Seller’s catalog is not guaranteed: products are available while stocks last.
  • ORDERING PRODUCTS AND SERVICES
    • To order TomatisĀ® Method on the Seller’s website https://bbb.tomatis.academy , the Professional must follow the online purchase and registration procedure.It is understood that the Professional must obligatorily provide the personal data necessary for the Seller to process the order and create a personal account, namely the information marked by an asterisk: First name, Last name, Country/Region, Street address, Town/City, Postcode/Zip, Phone, Email address, Account username, Password.The Professional expressly undertakes to provide the Seller with a certified copy of their diploma or a proof of qualification. Ā Ā Failure by the Professional to provide the Seller with a certified copy of their diploma or a proof of qualification, or if it is found that the Professional does not hold a recognized diploma in the country where they practice, the Sale of the products and services composing TomatisĀ® Method shall be cancelled in accordance with Article 6 below.
    • The Professional further certifies that:
  • the information provided during the purchase and registration process is accurate; and
  • they have read, signed and accepted these General Terms and Conditions of Sale.
    • Once the order has been placed and the registration finalized, the Professional will receive a confirmation email summarizing the products and services ordered, the amount paid including taxes and shipping costs, the shipping method and the shipping address.
  • CONCLUSION of the sales contract
    • The Professional’s online purchase of the TomatisĀ® Method constitutes an order placed by the Professional. Consequently, the sales contract for the TomatisĀ® is concluded after reception of the Payment, signed contract and validation of the diploma or proof of qualification by the Seller.
    • By placing an order in accordance with Article 3 above, the Professional expressly and definitively accepts these Terms, which are accessible at the bottom of the Tomatis websites ( https://tomatis.com / https://bbb.tomatis.academy ) and are sent to the Professional by email after placing the order.
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  • TOMATIS METHOD PRODUCTS INITIAL ACCESS FEE:
  • Placing an order in accordance with Article 3 above includes the purchase of the TomatisĀ® Starter Pack constituted of:
  • 5.1           TomatisĀ® Listening Pack (including one Maestro Headphones and unlimited programs for 2 members of a family)
  • 5.1.1       The TomatisĀ® Listening Pack purchased in the TomatisĀ® Starter Pack will be considered as   the personal Tomatis Listening Pack of the Professional and will be used to:
  •                  – provide the Listening Tests to their clients
  •                  – follow their own Tomatis programs and the ones of one member of their family.
  • It should not be in any case sold to an end user client and must only be used by 2 members of the Professionalā€™s family.
  • 5.2           Online Professional Initial Training
  • 5.2.1       The professional should follow the entire online Training including a minimum of two live webinars and the certification exam.
  • 5.2.2       After certification, the Professional would be allowed to advertise and communicate on the TomatisĀ® Method according to the conditions of the Article 14.
  • 5.3           Subscription to the TomatisĀ® Academy and Studio
  • 5.3.1       With the purchase of the TomatisĀ® Starter Pack, the professional shall benefit from one yearā€™s access to the TomatisĀ® Academy as well as the TomatisĀ® Studio.
  • 5.3.2       The TomatisĀ® Academy is the E-learning platform where ongoing training webinars and other professional services can be found, including an E-shop and a direct access to the Tomatis Studio.
  • 5.3.3       The E-shop will allow the Professional to purchase extra TomatisĀ® Listening Packs by different quantities and prices to provide their services to their end user clients, as well as other optional accessories and services including:
  •            – ‘Extra practitioner pack’ providing them with a TomatisĀ® Listening Pack and Training. This extra pack allows this second professional to access the Academy and the Studio during one year without any extra cost. It’s important to note that in this case, the database of customers managed by the Studio will be shared by the practitioners.
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  • 5.3.4      The TomatisĀ® Studio is the working platform to evaluate clientā€™s needs and prepare the individual TomatisĀ® programs for end user clients. The TomatisĀ® Studio is accessible from the TomatisĀ® Academy.
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  • ORDER MODIFICATION AND CANCELLATION
    • The Seller reserves the right to cancel an order in the event of, in particular:
  • stock unavailability;
  • incomplete and/or inaccurate information provided during the online purchase and registration process;
  • failure to provide a certified copy of a valid diploma or proof of qualification recognized in the country where the Professional practices.
    • In the event of order cancellation by the Seller:
  • the price paid by the Professional will be refunded within thirty (30) days  on the payment method used to place the order;
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  • 6.4           In case of cancellation of the Starter Pack, access to TomatisĀ® Academy and Studio platforms will be cut off without delay.  
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  • RIGHT OF WITHDRAWAL
  • 7.1             The professional is informed that any request to modify or cancel an order placed and shipped will not be considered.
  • 7.2             The Professional located in the European Union and organized as a self-employed entrepreneur or in a company with fewer than 5 employees/members can benefit from a right of withdrawal known as the ā€œcooling offā€ rule of 14 days. Under certain conditions, the Professionals can cancel their order and receive a refund from the Seller.
  • If a legal regulation of the Professionalā€™s country of residence contain more favorable provisions concerning the right of withdrawal between professionals, those provisions shall apply regardless of the choice of Luxembourg law.
  • 7.3 Ā Ā Ā Ā Ā Ā Ā Ā Ā  However, the Professionals waive their right of withdrawal and the resulting refund for this part of the price, once they have started the TomatisĀ® Initial Training on the https://bbb.tomatis.academyĀ  website.
  • 7.4        In this case, the Professionals understand that they will only be able to claim the reimbursement of the TomatisĀ® Listening Pack and yearly subscription in proportion of the time of use.
  • Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in their original condition and all costs of shipment, custom and taxes should be borne by the Professional. If these conditions are not met, no refund could be made or restoration costs and related expenses will be deducted from the reimbursement.
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  • PAYMENT AND INVOICING
    • TomatisĀ® Starter Pack, TomatisĀ® Listening Packs, accessories & services
      • The prices of the products and services, comprising the TomatisĀ® Method, in compliance with article 3, including the TomatisĀ® Starter Pack, are indicated before final payment and once the billing and shipping details have been imputed. If the product is sold in the EU, VAT of the buyerā€™s country is added to the amount to pay. In other cases some custom fees and taxes can be requested at the delivery and the Professional accepts to pay them.
      • The Professional is informed that the prices of the products and services are displayed and accessible on the Seller’s website during the online purchase in different currencies based on its delivery address.
      • Nevertheless, the Seller reserves the right to modify the existing registration process  or apply preferential and/or promotional rates which will, if applicable, be reflected on its website.
      • The Seller reserves the right, at any time, to modify the prices of the Products and Services indicated on its website, it being understood that the new price shall only apply to orders validated from the date of entry into force of the new price.
    • Annual Subscription
      • The TomatisĀ® Starter Pack includes a one-year access to the TomatisĀ® Academy and Studio platforms.
      • Upon expiration of a one-year period from the placement of the TomatisĀ® Method order in accordance with Articles 5 and 6 above, the Professional shall pay an annual subscription fee, the amount of which is specified during the online purchase process, if they wish to continue benefiting from the services provided on the Academy and Studio Platforms.    
      • For initial payments made by credit card, the professional will be subject to annual automatic renewals, unless cancelled by notification to the seller by any means 30 days before the anniversary date. In case of renewal, a notification will be sent to the Professional after the credit card has been debited.
      • For initial payments made by bank transfer, the professional is required to renew their annual subscription at least one month before the current subscription expires. A reminder email will be sent prior to the renewal date.   
      • Non-payment will result in the termination of access to the TomatisĀ® Academy and Studio platforms as well as the termination of the license contract signed separately.
  • Payment Payment for products and services corresponds to the final step of the online purchase process accessible on the Seller’s website.The Starter Pack is paid in a single payment by:
  • Credit/Debit Card (Carte Bleue, Visa, MasterCard, American Express); or
  • Direct bank transfer.
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  • DELIVERY
    • The Seller shall deliver the products and services in the chosen countries.
    • Delivery costs are included in the price of the Products and Services indicated during the online purchase process and shall be borne by the Professional.
    • If customs duties are applicable, they will be at the charge of the Professional. The Seller will be shipping DDU (Delivered Duty Unpaid).
    • Subject to the availability of stock at the time of placing the order, the Seller undertakes to deliver the ordered Products to the delivery address indicated by the Professional within a maximum period of thirty days (30) days after the payment. For the Starter Pack, the above maximum delay of thirty (30) days will start at the reception of the signed contract and diplomas or proof of qualification.
    • In the event of unavailability of products and services comprising the TomatisĀ® Method at the time of placing the order resulting in extraordinary delivery delays, the Seller shall immediately inform the Professional of the estimated delivery times, and the Professional shall be able to cancel the order upon simple request.
    • It is expressly understood between the Seller and the Professional that the delivery time is indicative and that in no case shall TOMATIS guarantee strict compliance with this deadline.
    • The Seller shall not be held liable for the consequences of any event beyond its control, in particular in the event of force majeure as defined in Article 17 below, or due to the carrier, which would delay or prevent the delivery of the ordered Products.
    • Any delay in the delivery time shall not give rise to any compensation, penalty or damages in favor of the Professional or any third party.
    • If the Products could not be delivered, for reasons beyond the Seller’s control, after a period of thirty (30) days from the placement of the order, the Seller shall request from the Professional proof of non-receipt of the Products. Upon presentation of proof of non-delivery, the Seller shall offer the Professional a choice of a full refund or a replacement product.
  • For any questions regarding the delivery of your Products, please contact our After-sales service at the following email address: care@tomatis.com
  • WARRANTIES
    • The end user benefits from a one-year warranty or any warranty conditions available by law in its country. This warranty against defects is covered by the Seller.
    • The Seller shall be liable for any lack of conformity existing at the time of delivery of the products, which becomes apparent within the period covered by the warranty.
    • The warranty period for the TomatisĀ® Listening Pack shall begin on the date of its activation. Should the headset remain inactive for six months following its receipt by the Professional, the warranty period shall commence at the end of this six-month period.
    • In case of difficulty using the headset, the Professional is invited to direct the customer to the Seller’s website to submit a warranty claim www.tomatis.com/maestro-warranty:
    • The Seller will arrange a videoconference with the customer to determine the origin of the problem and to verify that the difficulties in using the headset are not due to a simple error in handling.
    • If the Maestro headset is found to be defective, the Seller will replace it and can request the return of the damaged headset.
  • OBLIGATIONS OF PROFESSIONALS
    • The Professional is required to read, accept and comply with these General Terms and Conditions of Sale.
    • The Professional undertakes to provide the Seller with accurate, up-to-date and truthful information and documents.
    • The Professional behaves with honesty, integrity, respect and courtesy.
    • The Professional informs the clients about his qualifications, his skills and working methods in response to any question relating to his practice.
    • The Professional informs clients of the objectives and the scope of his intervention. He does not exert any influence or power over his clients, whether moral, physical, mental, spiritual, financial or sexual.
    • The Professional is careful never to judge, blame or criticize the people who consult him. He speaks in a clear and precise manner so as to ensure that the client understands as fully as possible.
    • The Professional is respectful of any confidential information that may be disclosed to him, considering himself bound by professional secrecy.
    • The Professional leaves the client the free choice of continuing the listening program undertaken or of ending it at any time.
    • The Professional sets his fees for the entire listening program in a transparent and reasonable manner.
    • The Professional undertakes not to use or communicate any information or documents that are inaccurate, false, outdated or incomplete, that infringe the rights of third parties, that are defamatory, pornographic, child pornographic, racist, xenophobic, inciting hatred, sexually suggestive, violent, contrary to public morals, or more generally of an illegal nature or resulting from illegal activities.
    • The Professional undertakes not to use the products and services in a manner that would be contrary to law or regulation, in particular for the purpose of committing unlawful acts.
    • The Professional undertakes to pay the price of the products and services ordered in accordance with Article 9.
    • The Professional undertakes to have the capacity required to order the products and services.
    • Professionals must not commit any offense and must comply with all applicable laws and regulations.
    • Any breach of these General Terms and Conditions of Sale by a Professional resulting in a claim by the Seller for the payment of damages for the harm caused by such breach shall be fully reimbursed by the said Professional.
  • obligations OF TOMATIS COMPANY
    • The Seller undertakes to:
  • use its best efforts to process orders as quickly as possible;
  • respond in good faith to questions and claims made by Professionals to the Seller’s After-sales Service department at the following email address: care@tomatis.com  
  • process contact requests made by Professionals using the contact form available on the Seller’s website.
  • ADVERTISING the TOMATISĀ® METHOD
    • The practice of the TomatisĀ® Method does not serve to establish a medical diagnosis, treatment, or prescription. The practice of the TomatisĀ® Method will never require the interruption of a medical treatment.
    • Recognizing the importance of avoiding ambiguity when promoting the TomatisĀ® Method, the Professional is vigilant in how he presents it: he prohibits any term that might imply that the TomatisĀ® Method is a medical practice. He presents the TomatisĀ® Method solely as an educational technique.
    • The Professional uses the TomatisĀ® Method in a way that complements the core profession for which he is qualified and experienced. The use of the TomatisĀ® Method cannot replace his core profession or confer skills other than those for which he is qualified and experienced.
    • The Professional is vigilant and lucid, and takes into account the limitations that may be encountered in his practice. He refers his clients to another professional if he finds that the work required is not within his field of competence.
    • The Professional is free to use other techniques than the TomatisĀ® Method. However, he must make sure to distinguish these from the TomatisĀ® Method both in presentation and in practice.
    • The Professional is not authorized to use, alongside the TomatisĀ® Method, practices described as esoteric, obscure or mystical.
  • EXCLUSION AND LIMITATION OF LIABILITY
    • The Seller shall not be liable for any failure to perform its obligations under this Agreement if such failure is due to the act of a third party, the fault of the Professional, or a force majeure event as defined in Article 17 below.
    • Where the Seller’s liability may be incurred, subject to the Professional providing proof of a fault committed by the Seller in accordance with the applicable legal provisions in his country, such liability shall be limited to direct and foreseeable damages at the time of the conclusion of the contract and to the amount of the price of the product(s) and service(s) sold.
    • Consequently, the Seller shall not be liable for any indirect damages suffered by the Professional arising out of or in connection with the performance of these Terms or any subsequent events. Indirect damages shall mean, without limitation, loss of profits, loss of opportunity, commercial damages, and the consequences of any claims or complaints, notwithstanding the Seller having been informed of the possibility of such damages.
    • The provisions of the preceding paragraph shall not apply in any case where it would be unlawful or contrary to law to exclude, limit, or attempt to exclude or limit the liability of TOMATIS Company.
  • INTELLECTUAL PROPERTY
    • The content accessible on the Seller’s platforms, and the platforms themselves, may be protected by intellectual property rights (copyright, trademarks).
    • This content, its features and functionalities are the exclusive property of the Seller. Nothing in these General Terms and Conditions of Sale shall be construed as a transfer of intellectual property rights.
    • The Seller grants the Professional, for the entire duration of these General Terms and Conditions of Sale, a personal, non-exclusive and non-transferable right to use the Sellerā€™s platforms, trademarks TOMATIS, TOMATIS + LOGOā€ and the brands TOMATIS MAESTRO, TOMATIS ACADEMY and TOMATIS STUDIO in  line with the conditions specified in the License Agreement.  
    • Professionals undertake not to (i) attempt to access or copy the source code and/or object code of the platforms; (ii) use the platforms for purposes other than those provided for in these General Terms and Conditions of Sale; (iii) create copies of the platforms; (iv) reproduce, correct, extract, modify, translate into any language or languages, reuse, arrange, adapt, decompile (except and only to the extent expressly permitted by applicable law), or incorporate the platforms into another website, software, application or create derivative works based on the platforms by any means or medium whatsoever; (v) resell, rent, or commercially exploit the platforms, or assign/license the services of the platforms to a third party; (vi) conduct intrusion tests or attempt to obtain a denial of service on the services made available on the platforms.
    • Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, such as the graphic charter, source code and/or object code or computer applications, without the prior written consent of TOMATIS company is strictly prohibited.
    • The fact that TOMATIS company does not initiate immediate legal proceedings upon becoming aware of such unauthorized uses, reproductions or representations shall not constitute acceptance or waiver of the right to pursue legal action.
    • Any violation of this article without the prior written authorization of TOMATIS company may constitute an infringement and may incur the civil and/or criminal liability of its author.  
  • FORCE MAJEURE
    • A party to these Terms shall not be held liable for the total or partial failure to perform any of its obligations resulting from a force majeure event meeting the following cumulative criteria (hereinafter referred to as “Force Majeure“):
  • (i)        the non-performance results from an impediment entirely beyond its control;
  • (ii) it could not reasonably have anticipated said impediment and its effects on its ability to perform the contract at the time of its conclusion;
  • (iii) it cannot reasonably avoid or overcome this impediment, or at least its effects.
    • Moreover, a party to these Terms may only invoke the benefit of a Force Majeure event in relation to the other party to the extent and under the conditions provided for in these General Terms and Conditions of Sale, if any.
    • The party to these Terms invoking Force Majeure shall inform and justify it to the other party without delay by any written means (email, letter) followed by written confirmation with acknowledgment of receipt. The parties shall meet to endeavor to find together an acceptable solution to allow the continuation of the contract constituted by these Terms, it being specified that these Terms shall be totally or partially suspended while the parties are consulting. In any event, the party prevented shall do everything in its power to limit the duration and effects of the Force Majeure event. The contract constituted by these Terms shall be partially suspended as soon as the party affected by the Force Majeure event is unable to perform the obligation in question.
    • In the event that the Force Majeure event exceeds twenty (20) days from the notification of the Force Majeure event by the party invoking it, then the contract constituted by these Terms may either be terminated without notice by either party, by sending a registered letter with request for acknowledgment of receipt, without however the liability of one party being engaged with respect to the other, or modified to adapt it to the new circumstances arising therefrom. Each party shall bear the burden of all costs incurred by it as a result of the occurrence of the Force Majeure event.
  • SEVERABILITY
    • In the event that any provision of these Terms is held to be illegal, invalid or unenforceable, such provision shall nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms, such severance not to affect the validity and enforceability of all remaining provisions.
  • MODIFICATIONS TO THE GENERAL TERMS AND CONDITIONS
    • The Seller reserves the right, at its sole discretion, to update, modify or replace all or part of the General Terms and Conditions by sending the new version in PDF format by email to the Professional.
    • Any order, withdrawal, delivery and receipt of Products and Services after the sending, the publication and the signature of the modifications made to these General Terms and Conditions constitutes acceptance of such modifications.
  • GOVERNING LAW AND JURISDICTION
    • Governing Law
      • These General Terms and Conditions shall be governed by and construed in accordance with the laws of Luxembourg.
    • Jurisdiction
      • IN THE EVENT OF A DISPUTE BETWEEN THE SELLER AND THE PROFESSIONAL, JURISDICTION IS EXPRESSLY ASSIGNED TO THE COMPETENT COURTS OF THE PLACE WHERE THE REGISTERED OFFICE OF THE SELLER IS LOCATED, NOTWITHSTANDING PLURALITY OF DEFENDANTS, INCIDENTAL CLAIMS OR THIRD-PARTY CLAIMS, EVEN FOR EMERGENCY PROCEDURES OR FOR PROTECTIVE PROCEDURES, IN SUMMARY PROCEEDINGS OR BY PETITION.
  • For any complaint, disagreement, problem encountered in the use of the purchase of the TomatisĀ® Method, product and services please address it to:
  • TOMATIS DEVELOPPEMENT SA
  • Attention of After-sales Service
  • 76 avenue de la LibertĆ©
  • L-1930 Luxembourg
  • Tel: +352 26 27 20
  • E-mail: care@tomatis.com

Annex 1 : List of excluded countries

Afghanistan
American Samoa
Angola
Anguilla
Antigua and Barbuda
Argentina
Armenia
Azerbaijan
Bangladash
Barbados
Belarus
Belize
Benin
Bermuda
Bhutan
Bolivia
Botswana
Brazil
Burkina Faso
Burundi
Cambodia
Cameroon
Cape Verde
Cayman Islands
Central African Republic
Chad
Chile
Colombia
Comoros
Congo
Cook Islands
Cuba
Djibouti
Dominica
Dominican Republic
Ecuador
El Salvador
Equatorial Guinea
Eritrea
Eswatini
Ethiopia
Fiji
Gabon
Gambia
Georgia
Grenada
Guam
Guatemala
Guina
Guina-Bissau
Haiti
Honduras
Iran
Iraq
Ivory Coast
Jamaica
Jordan
Kazakhstan
Kenya
Kuwait
Kyrgystan
Laos
Lesotho
Liberia
Libya
Madagascar
Malawi
Maldives
Mali
Marshall Islands
Mauritania
Micronesia
Mongolia
Mozambique
Namibia
Nauru
Nepal
Nicaragua
Niue
North Korea
North Macedonia
Northern Mariana Islands
Pakistan
Palestinian Territory
Papua New Guinea
Paraguay
Peru
Pitcairn
Rwanda
Sao Tome and Principe
Saint Helena
Saint Kitts and Nevis
Saint Vincent and the Grenadines
Samoa
Senegal
Sierra Leone
Solomon Islands
Somalia
South Africa
South Georgia/Sandwich Islands
South Sudan
Sri Lanka
Suriname
Svalbard and Jan Mayen
Syria
Tajikistan
Tanzania
Timor-Leste
Togo
Tokelau
Tonga
Trinidad and Tobado
Turkmenistan
Turks and Caicos Islands
Tuvalu
Uruguay
Uzbekistan
Vanuatu
Venezuela
Western Sahara
Yemen
Zambia
Zimbabwe

Annex 2 : Countries with distributors

Australia
New Zealand
United States (limited to certain areas)