APPLICABLES A COMPTER DU 24 AVRIL 2020
The MyBuBelly method is a personalized coaching that helps couples to have a baby faster thanks to a method that complements the care provided by doctors. This method is based on cycle monitoring, nutrition, psychological support and well-being. In addition, a personal coach allows subscribers to always feel supported by receiving personalized support to meet their needs.
The MyBuBelly method combines two separate programs, depending on the subscribers’ objectives.
– The MyBuBelly FERTILITY program (which is not the subject of a partial “money-back” offer);
– The MyBuBelly CHOICE program (hereinafter referred to as “MyBuBelly CHOICE Program”).
The MyBuBelly CHOICE Program includes:
> A personalized coaching that follows and supports subscribers (expectant mothers) on a daily basis during their preconception period (by phone, email and chatonline);
> A global service including a whole team present on a daily basis (specialized coaches, technical team, logistics team) and quality products (food supplements, ovulation tests, pH test);
> A specific coaching for the MyBuBelly CHOICE Program allowing subscribers who have subscribed to this program to put all the chances on their side to have a girl or a boy.
The MyBuBelly CHOICE Program is the result of two techniques that have proven themselves for many years:
- Targeting ovulation (with success rates of around 80% in the past for doctors Seguy or Shettles for example);
- pH orientation through food (with success rates of around 80% in the past for doctor Papa for example).
When it’s rigorously followed, the MyBuBelly CHOICE Program works for 8 to 9 subscribers out of 10 **.
(** internal MyBuBelly statistics based on customer feedback).
Having confidence in its subscribers and in its MyBuBelly CHOICE Program, MyBuBelly offers a partial “Money-back Offer” of it in case of failure. This partial “Money-back Offer” is intended for subscribers who meet the cumulative conditions set out in these general conditions.
The partial “Money-back Offer” of the MyBuBelly CHOICE Program is made only on the reimbursement of the part of the program relating to specific coaching allowing subscribers to favor the conception of a girl or a boy and does not relate to the reimbursement of overall coaching and personalized, nor on the reimbursement of products.
This specific part of the MyBuBelly CHOICE Program aimed at promoting the conception of a girl or a boy is equivalent to 1/3 of the rate of the total paid by subscribers for the MyBuBelly CHOICE Program (the remaining 2/3 including the service global, products, logistics, provision of the MyBuBelly team, daily psychological support, etc.).
The MyBuBelly CHOICE Program is an entire natural method. Despite all the follow-up work done with MyBuBelly and the rigor of the subscribers, it will never work 100%.
Subscribers must not feel guilty if the MyBuBelly CHOICE Program does not work.
The important thing is that subscribers put the odds on their side.
Article 1. Definitions
Under the present general terms of the offer for partial “Money-back Offer” of the subscription to the MyBuBelly CHOICE Program, the terms used hereinafter have the following meaning, whether used in the singular or the plural form:
- “Application”: refers to the tracking application provided by MyBuBelly allowing the access to the MyBuBelly CHOICE Program and available on the Apple Store and Android only in French and in English. The Application includes the infrastructure as well as the content, notably texts, sounds, still or animated images and databases. The Application and the specific part dedicated to the MyBuBelly CHOICE Program are called “CHOICE PROGRAM“;
- “Box”: refers to both the Home Boxes and the Drawer Boxes;
- “Drawer Box”: refers to two kinds of boxes of the MyBuBelly CHOICE Program, the “BOY” or the “GIRL” box, containing the Products for the months following the first month of treatment, proposed by MYBUBELLY as part of the MyBuBelly CHOICE Program’s subscription;
- “General Terms of the MyBuBelly CHOICE Program’s Subscription”: refers to the general terms of subscription defining the conditions and modalities of the MyBuBelly CHOICE Program’s subscription;
- “General Terms and Conditions of the Partial Money-Back Offer”: refers to the present general terms defining the terms and conditions of the partial reimbursement of the Subscriber’s subscription;
- “Home Box”: refers to two types of boxes, the “BOY” or the “GIRL” of the first month treatment box, containing the Products, a denim pocket to store and carry the Products;
- “MYBUBELLY”: refers to MYBUBELLY Company, a joint-stock company with a share capital of 267.225,00 euros, registered in the Paris Trade and Companies Register under number 827 691 072, whose head office is located 45, rue de Monceau – 75008 Paris, FRANCE, which proposes the MyBuBelly CHOICE Program;
- “Partial Money-Back Offer”: refers to the offer offered by MyBuBelly and defined in article 3 below;
- “Subscriber”: designates any woman over 18 answering the prerequisites defined in article 4 of the General Terms of the MyBuBelly CHOICE Program’s Subscription, having created an account on the Website and using this program on a personal basis and not as a professional;
- “Website”: refers to MyBuBelly’s website, available at the following address: https://www.mybubelly.com in French and in English, and from which the Subscribers can subscribe and access to the Services. The Website includes the infrastructure as well as the content, notably the texts, sounds, still or animated images, videos and databases. The specific part of the Website dedicated to the MyBuBelly CHOICE Program is called “CHOICE PROGRAM“”.
Article 2. Purpose – Opposability
The General Terms and Conditions of the Partial Money-Back Offer are intended to define the terms and conditions of the implementation of the Partial Money-Back Offer by the Subscribers. These General Terms and Conditions of the Partial Money-Back Offer only apply to the MyBuBelly CHOICE Program.
The General Terms and Conditions of the Partial Money-Back Offer are systematically disclosed to the Subscribers to enable them to use the Partial Money-Back Offer.
They apply exclusively to all partial refund requests of the MyBuBelly CHOICE Program accepted by MyBuBelly and prevail over any other terms, except the ones explicitly accepted by MyBuBelly. Therefore, MyBuBelly will not be engaged by any other terms, unless upon MyBuBelly’s written confirmation.
IMPORTANT: NOTE TO THE SUBSCRIBERS
ANY REQUEST FOR THE APPLICATION OF THE PARTIAL MONEY-BACK OFFER IMPLIES THE SUBSCRIBER’S EXPRESS, PRIOR AND FULL ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF THE PARTIAL MONEY-BACK OFFER. BY TICKING THE BOX: “I have read, and I accept the general terms and conditions of the Partial Money-Back Offer” ON THE PARTIAL REIMBURSEMENT FORM AND BY ACCEPTING THEM WHEN SUBSCRIBING, THE SUBSCRIBER ACKNOWLEDGES THAT SHE IS BOUND BY ALL THE GENERAL TERMS AND CONDITIONS OF THE PARTIAL MONEY-BACK OFFER.
MyBuBelly reserves the right to amend, at any time, the General Terms and Conditions of the Partial Money-Back Offer, notably in order to take into account any legal, case-law, editorial, functional and/or technical evolution. The prevailing version is the one accessible online on the day the Partial Money-Back Offer subscription is confirmed. Any subscription made by the Subscriber after the publication of amended General Terms and Conditions of the Partial Money-Back Offer shall be understood as her acceptance of the new General Terms and Conditions of the Partial Money-Back Offer.
Article 3. Presentation of the Partial Money-Back Offer
The Partial Money-Back Offer is offered by MyBuBelly in order to allow the Subscribers, who subscribed to the Services offered by MyBuBelly CHOICE program and scrupulously followed the MyBuBelly method but did not succeed to obtain the chosen sex for their child, to have their subscription partially reimbursed under certain conditions defined in article 4 of the General Terms and Conditions of the Partial Money-Back Offer.
As part of the Partial Money-Back Offer, MyBuBelly will partially reimburse the subscription according to the terms specified in article 8 of the General Terms and Conditions of the Partial Money-Back Offer.
EXAMPLE: for a Subscriber having followed the MyBuBelly CHOICE Program (4 months (4 boxes) and having respected the General Terms and Conditions of the Partial Money-Back Offer as stipulated below, the total cost of the program paid by the Subscriber will be of 596 euros. The reimbursement will then be of 198.67 euros.
Furthermore, MyBuBelly informs Subscribers that any additional purchase made by Subscribers as part of their subscription to the MyBuBelly CHOIX Program is not included in the Partial Money-Back Offer, namely ovulation test boxes and/or food supplements.
Article 4. Conditions for eligibility
In order to benefit of the Partial Money-Back Offer, the following cumulative conditions must be fulfilled, applicable to the last day of the subscription, namely that the Subscribers:
- have subscribed to the Services offered by MyBuBelly CHOICE Program for at least three (3) consecutive months and five (5) days, via the Website and/or the Application;
- have scrupulously followed the MyBuBelly CHOICE Program for at least three (3) entire consecutive months and have received and started the use of the Drawer Box of the 4th month;
- have scrupulously respected the instructions given by MyBuBelly regarding the take of dietary supplements and the diet program during consecutive three (3) months and five (5) days.
As such, the Subscribers must scrupulously respect the nutritional recommendations indicated in the page “Key to remember” accessible from the Application and/or the Website reserved for Subscribers, including the parts “drink every day“, “eat every day“, “Choose a balanced diet “and” The Food Search Engine“;
- have scrupulously and filled the overview regarding the tools for monitoring the cycle and the urine PH level.
As such, the Subscribers must scrupulously complete:
- all urinary pH measurement boxes at each Box (according to the specific instructions on the “My PH” page);
- their cycle chart at each cycle (according to the specific instructions on the “My Cycle” page);
- have not moved on the second phase before:
- achieved and stabilized the correct overall average of urine PH level, and before that, the good average of “intermediate” PH (the one that precedes the transition to phase 2 of the MyBuBelly CHOICE Program);
- completed, during phase 1 of the MyBuBelly CHOICE Program, imperatively and scrupulously, the online form “My dietary point” one (1) time per Box until the end of phase 1. The last online form “Dietetic validation point Phase 1” at the end of Box 3 and before the changeover to phase 2 must be validated by MyBuBelly CHOICE Program;
- scrupulously filled in at least one (1) time during all of phase 1 of the MyBuBelly CHOICE Program, the online form “My Fertility Point” (formerly called “Point Cycle“) accessible in the “CHOICE PROGRAM” section from the Application and / or the Website;
- during the entire phase 2 of the MyBuBelly CHOICE Program, in addition to the instructions above, have complied with the following instructions:
- downloaded each morning of the period determined in the page “My Cycle” of the Application and before midday i.e. 12 noon (local time of Subscriber) the photography and the date of the ovulation tests from the appearance of the of the 1st test day displayed on the cycle calendar (even blank)until the positive ovulation test. This photography must imperatively be transmitted by this way (any transmission by email is not admissible) and before midday i.e. 12 noon (local time of the Subscriber). MyBuBelly will be the only one entitle to interpret each ovulation test until the test is completely positive and to give precise recommendations on the dates of conception based on these ovulation tests;
- completed the form “My feelings of ovulation” concomitantly with downloading the ovulation tests;
- sent to MyBuBelly ovulation targeting ultrasound scan (which is required in phase 2 of the MyBuBelly CHOICE Program for Subscribers with an irregular cycle, having had a miscarriage, suffering from endometriosis or polycystic ovary syndrome (OPK), who are treated for stimulation ovarian and / or undergoing any gynaecological treatment);
- imperatively and scrupulously indicated during phase 2 of the MyBuBelly CHOICE Program, the required date of the sexual intercourse (i.e. vaginal sex without contraception) according to the chosen method (girl or boy) in the checkbox provided for this purpose. MyBuBelly is the only one entitle to decide the “STOP” or “GO CUDDLES” based on the method followed;
- have imperatively and scrupulously completed, the online form “My dietary point” one (1) time per Drawer Box until the end of the MyBuBelly CHOICE Program. Each online form “My dietary point” must be validated by MyBuBelly from Box 3, including the one that validates phase 1 of the MyBuBelly CHOICE Program (called “PHASE 1 validation dietetic point“), then throughout phase 2. In addition, it is required to indicate in each dietary point whether or not to take drugs or treatment even with plants. If a dietary point of phase 2 of the MyBuBelly CHOICE Program is not validated, the Subscribers should not conceive their baby until the next cycle;
MyBuBelly draws the attention of Subscribers to the fact that, AFTER the validation of the form “My dietary point” by the MyBuBelly coach, they make discrepancies of the dietary program (based on “the essentials to remember Phase 2“), and/or have undergone treatment, a cure, or suffers from a mycosis (vaginosis, urinary tract infections or any other vaginal disease or equivalent), they will no longer meet the conditions of eligibility for the Offer.
The online form “My dietary point” and urine pH measurements must be transmitted and carried out before the resumption of the baby tests of each cycle (during the rules in the case of a girl method, before the “GO CUDDLES” of MyBuBelly in the case of a boy method).
- have not taken any medicine or treatment (even herbal) other than those provided or advised by MyBuBelly the month prior to conception. In the event that the Subscribers must follow a medical treatment, whether it is prescribed by their doctor or not, they will have to postpone conception to the next cycle (i.e. at least one (1) month after the end of their treatment);
- do not conceive before the next cycle, i.e. at least one (1) month after their cure in case of vaginosis, fungal infection, urinary tract infection or any other vaginal disease (insofar as these diseases modify PH level and mineral salts);
- do not resume the conception tests before a minimum complete cycle of the method in the event of a break (not using the method for at least eight (8) days) of less than one (1) month or in the event of a miscarriage;
- became pregnant after following the MyBuBelly CHOICE Program and more specifically specific coaching intended to promote the conception of a girl or a boy proposed in this program;
- prove the sex of the child born after following the MyBuBelly CHOICE Program and more specifically specific coaching intended to promote the conception of a girl or a boy proposed in this program by providing a copy of the child’s birth certificate. Please note that an echography and/or an amniocentesis are not sufficient;
- apply for the reimbursement at the latest within thirty (30) days after the birth of the child born after following the MyBuBelly CHOICE Program and more specifically specific coaching intended to promote the conception of a girl or a boy proposed in this program;
- have not competed with and/or disparaged MyBuBelly. More specifically, Subscribers who have directly or indirectly denigrated MyBuBelly, for any reason, on any media whatsoever (and in particular on social networks) or used the services of MyBuBelly for the purpose of competing, will not be able to benefit from the Partial Money-Back Offer.
In addition, MyBuBelly informs the Subscribers that in the case of multiple births (twins, triplets, quadruplets, quintuplets or others, it does not matter whether they are dizygotic or monozygotic), MyBuBelly will not partially refund the subscription if at least one child has the chosen sex.
Article 5. Restrictions
In case where MyBuBelly reimburses partially the Subscription costs of the MyBuBelly CHOICE Program, it is expressly agreed that:
- The Subscriber will no longer be eligible for any other refund offer offered by MyBuBelly;
- The Partial Money-Back Offer is limited to one partial reimbursement per Subscriber.
Article 6. Obtaining the Partial Money-Back Offer of the Subscription of the MyBuBelly CHOICE Program
Requests for the Partial Money-Back Offer of the subscription to the MyBuBelly CHOICE Program must be made using the reimbursement form downloadable on the Website in the page “Condition for partial reimbursementpsCHOICE Program” and sent to MyBuBelly by registered mail with acknowledgement of receipt at the following address: MyBuBelly – 45, rue de Monceau – 75008 PARIS. Any request for reimbursement via a support other than the form will be automatically rejected.
MyBuBelly will send an acknowledgement of receipt of the request to the Subscriber.
Article 7. Verification of the Partial Money-Back Offer of the Subscription of the MyBuBelly CHOICE Program
Each partial reimbursement request of the MyBuBelly CHOICE Program is verified by MyBuBelly and in particular concerning the information given in the MyBuBelly sheet “My dietary point” (notably in BOX 3 as well as in phase 2) the “My cycle and healthy lifestyle” sheet, the “My pH” page and the “My Cycle” page for ovulation tests and “cuddling” instructions.).
MyBuBelly reserves the right to refuse any incomplete request and/or any request that seems to have been made fraudulently.
Article 8. Method and modalities of the Partial Money-Back Offer
Once the verification has been carried out and the request for the Partial Money-Back Offer of the subscription to the MyBuBelly CHOICE Program accepted, MyBuBelly will reimburse one third of the total amount paid for the subscription to the party who paid for it.
It is reminded to the Subscriber that she must have at least received the Box of the 4th month of the MyBuBelly CHOICE Program in order to be able to obtain a partial refund of her subscription.
Notwithstanding the above, it is expressly indicated to Subscribers that in the event that they have benefited from a promotional code or special offers when subscribing to the MyBuBelly CHOICE Program, the amount of the partial reimbursement will be equal to 1 / 3 of the amount actually paid by the Subscribers who benefited from the said code or from the special offers.
Article 9. Modification of the Partial Money-Back Offer
MyBuBelly reserves the right to modify or to stop the Partial Money-Back Offer at any time and without notice.
Article 10. Period of validity of the Partial Money-Back Offer
The Partial Money-Back Offer is valid for any subscription to the MyBuBelly CHOICE Program made from May 28th, 2017 at 01:00 GMT until May 28, 2024 at 01:00 GMT.
Consequently, all requests for partial reimbursement of the MyBuBelly CHOICE Program received before and / or after this date will automatically lapse and be inadmissible, without MyBuBelly being liable.
Article 11. Proofs
The documents, data and messages saved in MyBuBelly’s computer system will be admitted as proofs of the acts and events between MyBuBelly and the Subscribers.
Unless proven otherwise, the preservation of the records shall be presumed to have taken place under reasonable conditions of security if the messages, data and other documents are systematically saved on a reliable and durable medium.
Article 12. Applicable law – Litigation
The General Terms and Conditions of the Money-Back Offer are subject to French law.
For any difficulty and/or question about the reimbursement, the Subscribers are invited to contact the customer service in order to attempt to find an amicable solution to the dispute, via an email sent to the following address: email@example.com.
In accordance with the provisions of article L.211-3 of the French Consumer Code, the Subscriber is informed that any dispute arising between her and MyBuBelly in relation with the validity, the interpretation, the performance or the non-performance, the interruption or the termination of the rights and obligations of the General Terms and Conditions of the Partial Money-Back Offer and/or the reimbursement shall, after prior written approach from the Subscriber towards MyBuBelly that has not succeeded, be submitted to consumer mediation.
The parties remain free to accept or refuse the use of consumer mediation. Besides, the solution that might be suggested by the consumer mediator shall not be binding on the parties, who can waive it.