GENERAL TERMS AND CONDITIONS OF SALE – INTERNET
(translated from French – French law applies / French version here)
Effective as of 05/08/2020
ARTICLE 1 - SCOPE OF APPLICATION
These General Terms and Conditions of Sale (known as "GTCS") apply without restriction or reservation to any purchase of the following services:
Online language courses
As offered by the Service Provider to non-professional or professional customers ("The Customers or the Customer") on the website https://www.monsieur-french.com.
The main characteristics of the Services are presented on the website https://www.monsieur-french.com.
The Client is required to read them before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer.
These GTCS are accessible at any time on the website https://www.monsieur-french.com and shall prevail over any other document.
The Customer declares having read these GTCS and having accepted them by ticking the box provided for this purpose prior to the implementation of the online ordering procedure on the website https://www.monsieur-french.com.
In the absence of proof to the contrary, the data recorded in the Service Provider's computer system constitutes proof of all transactions concluded with the Customer.
The Service Provider's contact details are as follows:
27 E rue Marius Chanteur - 21000 Dijon, FRANCE
Registration number (SIRET of the head office): 885 329 961 00019
Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged and are the sole responsibility of the Customer.
ARTICLE 2 - PRICES
The Services are provided at the current rates shown on the website https://www.monsieur-french.com, at the time the order is recorded by the Service Provider.
Prices are expressed in Euros, excluding VAT and all taxes.
The prices take into account any reductions that may be granted by the Service Provider on the website https://www.monsieur-french.com.
These prices are firm and non-revisable during their period of validity, but the Service Provider reserves the right, outside the period of validity, to modify the prices at any time.
Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Service Provider and delivered to the Customer when the Services ordered are provided.
Some orders may be subject to a previously accepted quote. Estimates drawn up by the Service Provider are valid for a period of 1 month after they are drawn up.
ARTICLE 3 - ORDERS
It is up to the Customer to select on the https://www.monsieur-french.com website the Services he wishes to order, according to the following terms and conditions:
The Customer chooses a service that he puts in his basket, a service that he can modify or delete before validating his order and accepting the conditions of sale.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to immediately report any error.
Any order placed on the website https://www.monsieur-french.com constitutes the formation of a contract concluded remotely between the Customer and the Service Provider.
The Service Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.
The Customer will be able to follow the progress of his order on the website.
ARTICLE 4 - TERMS OF PAYMENT
The price is paid by secure payment, according to the following modalities:
Payment by credit card (by PayPal or Stripe)
Or payment by bank transfer to the Vendor's bank account (the Customer is informed of the Customer's details when placing the order).
The price is payable cash by the Customer, in full on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions carried out on the https://www.monsieur-french.com website.
Payments made by the Customer will only be considered final after the Service Provider has received the sums due.
The Service Provider shall not be required to provide the Services ordered by the Customer if the Customer does not pay the price in full under the conditions indicated above.
ARTICLE 5 - PROVISION OF SERVICES
The Services ordered by the Customer will be provided according to the following terms and conditions:
Online language courses, from 8am to 7pm (Paris time)
The said Services will be provided within a maximum period of: according to the times chosen by the Customer as from the final validation of the Customer's order, under the conditions provided for in these GTCS at the address indicated by the Customer when ordering on the https://www.monsieur-french.com website.
The Service Provider undertakes to make its best efforts to provide the Services ordered by the Customer, within the framework of an obligation of means and within the time limits specified above.
If the Services ordered have not been provided at least 48 hours in advance after the indicative supply date, for any reason other than force majeure or the Client's fault, the sale of Services may be cancelled at the Client's written request under the conditions set out in Articles L 216-2, L 216-3 and L 241-4 of the French Consumer Code. The sums paid by the Client shall be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.
In the event of a specific request from the Client concerning the conditions of supply of the Services, duly accepted in writing by the Service Provider, the costs associated therewith shall be subject to a subsequent specific additional invoice.
In the absence of any reservations or claims expressly made by the Client upon receipt of the Services, they shall be deemed to be in accordance with the order, in terms of quantity.
The Client will have a period of 15 days from the provision of the Services to submit complaints by post, with all the relevant supporting documents, to the Service Provider.
No claim will be validly accepted if the Client fails to comply with these formalities and deadlines.
ARTICLE 6 - CANCELLATION
6.1 Cancellation of individual lessons (single lesson service) or pair lessons (double lesson service)
For any purchase of a single service (e.g. an individual or a 55-minute online lesson in pairs), if the Customer declares his absence (justified or unjustified) AT LEAST 48 hours before the start of the service, the Customer may choose to:
Cancel the service and request its postponement to the date of his choice and according to the Service Provider's availability;
Or cancel the service and ask for a full refund.
If the Client notifies the Service Provider LESS than 48 hours before the start of the service, he will not be reimbursed, nor will he be able to postpone the service. If the Client wishes to make up for this missed service, he will have to do so by purchasing a new service.
6.2 Cancellation of group lessons (formulas of several hours)
When purchasing a package of several courses (e.g. a session of 30 courses of 55 minutes each), the Client has the possibility to cancel his participation and request a refund if the Client notifies the Provider by e-mail AT LEAST 48 hours before the half of the service (e.g. if 30 courses, notify the Provider at least 48 hours before the beginning of the 15th course). The Client will then be entitled to a refund of 50% of the total amount paid for the session of 30 online lessons of 55mn each (within 15 working days).
However, if the Client notifies the Provider LESS than 48 hours before half of the services (ex: less than 48 hours before the 15th class out of 30) or AFTER having completed half of the session (ex: from the 15th to the 30th class out of 30), the Client will not obtain any partial or total refund.
6.3 Minimum group course size
In the case of group courses, the Service Provider requests a minimum number of 3 Clients before launching a session of 30 courses. If this number is not reached 48 hours BEFORE the start of the session, the Service Provider reserves the right to cancel the service for all Clients. The Service Provider will then offer the Clients the following options:
A total refund of the service;
A postponement of the session (at no cost to the Clients) until the minimum number of Clients has been reached;
An upgrade to a pair course (25€/course, a difference of 10€) or an individual course (35€/course, a difference of 20€) for which the Client will have to pay the difference.
ARTICLE 7 - RIGHT OF WITHDRAWAL
Given the nature of the Services provided, orders placed by the Customer do not benefit from the right of withdrawal.
The contract is therefore concluded definitively as soon as the order is placed by the Customer according to the terms and conditions specified in these GTCS.
ARTICLE 8 - LIABILITY OF THE SERVICE PROVIDER - GUARANTEES
The Services provided through the Service Provider's website https://www.monsieur-french.com comply with the regulations in force in France. The Service Provider cannot be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Client, who is solely responsible for choosing the Services requested, to check.
ARTICLE 9 - PERSONAL DATA
The Customer is informed that the collection of his personal data is necessary for the sale of the Services and their completion and delivery, entrusted to the Service Provider. This personal data is collected solely for the performance of the Services contract.
9.1 Collection of personal data
The personal data collected on the https://www.monsieur-french.com website are as follows:
Order of Services:
When the Client orders Services:
Names, first names, postal address, telephone number and e-mail address.
As part of the payment for the Services offered on the https://www.monsieur-french.com website, the latter records financial data relating to the bank account or credit card of the Client/User.
9.2 Recipients of personal data
Personal data is reserved for the sole use of the Service Provider and its employees.
9.3 Data controller
The data controller is the Service Provider, within the meaning of the French Data Protection Act and, from 25 May 2018, Regulation 2016/679 on the protection of personal data.
9.4 Treatment Limitation
Unless the Customer expresses his express consent, his personal data will not be used for advertising or marketing purposes.
9.5 Duration of data conversation
The Service Provider will keep the data thus collected for a period of 5 years, covering the time of the applicable contractual civil liability limitation period.
9.6 Security and confidentiality
The Service Provider implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, please note that the Internet is not a completely secure environment and the Service Provider cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementation of Customer and user rights
In application of the regulations applicable to personal data, Customers and users of the https://www.monsieur-french.com website have the following rights:
They may update or delete data concerning them in the following manner:
By sending an e-mail or a letter.
They may delete their account by writing to the e-mail address indicated in article 9.3 "Data controller".
They may exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data controller".
They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 "Data controller".
They may also request the portability of the data held by the Service Provider to another Service Provider.
Finally, they may object to the processing of their data by the Service Provider.
These rights, as long as they do not object to the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are indicated above.
The Data Controller must provide a response within a maximum period of one month.
In the event of refusal to grant the Customer's request, reasons must be given.
The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Client may be asked to tick a box under which it agrees to receive informative and advertising emails from the Service Provider. He will always have the possibility to withdraw his agreement at any time by contacting the Service Provider (contact details above) or by following the unsubscribe link.
ARTICLE 10 - INTELLECTUAL PROPERTY
The content of the website https://www.monsieur-french.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute a counterfeiting offence.
ARTICLE 11 - APPLICABLE LAW - LANGUAGE
These GTCS and the operations arising from them are governed by and subject to French law.
These GTCS are originally written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 12 - DISPUTES
For any complaint, please contact the Customer Service Department at the postal or e-mail address of the Service Provider indicated in ARTICLE 1 of these GCS.
The Customer is informed that he may in any event have recourse to conventional mediation, to existing sector-based mediation bodies or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.
In this case, the appointed mediator is :
Société de la Médiation Professionnelle - Associated Mediators
24 rue Albert de Mun, 33000 Bordeaux, France
The Client is also informed that he may also use the Online Dispute Resolution (OLR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes to which the purchase and sale operations concluded in application of these GTCS and which would not have been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.