This is an English language translation of the Conditions Générales de Vente listed here. This translation has no legal standing and is merely for the reader’s convenience. The French-law version and the terms therein are subject to French law. Translation created by deepl.com.
DEFINITION OF THE PARTIES
Between the Micro-enterprise Alexander Jon BARRON,
MDB Cowork, 19 rue Rigaud, 34000 Montpellier, France
under SIRET number 82473114500044,
represented by Alexander Jon BARRON
as a Micro-entrepreneur,
duly authorized for the purposes hereof.
The Micro-enterprise can be reached by email by clicking on the contact form accessible via the home page of the site.
Hereinafter referred to as the “Seller” or the “Micro-enterprise”.
On the one hand,
And the natural or legal person purchasing products or services from the Micro-enterprise,
Hereinafter referred to as the “Buyer” or “Customer”.
On the other hand,
The Vendor is a publisher of products and services of French language coaching services and online courses for Anglophones, digital products on learning French marketed through its website (https://frenchinplainsight.com). The list and description of the goods and services offered by the Micro-enterprise can be consulted on the above-mentioned site as well as its sales pages.
ARTICLE 1 – PURPOSE
These General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products and Services offered by the Seller.
ARTICLE 2 – GENERAL PROVISIONS
These General Terms and Conditions of Sale (GTC) apply to all sales of Products, or Services made through the Microenterprise website and are an integral part of the Contract between Buyer and Seller. The Seller reserves the right to modify these Terms and Conditions at any time by publishing a new version on its website. The GTC then applicable are those in force on the date of payment (or the first payment in case of multiple payments) of the order. These GCS can be consulted on the Micro-entreprise’s website at the following address: https://frenchinplainsight.com/legal . The Micro-enterprise also ensures that their acceptance is clear and without reservation at the time of purchase. The Customer declares having read all of these General Terms and Conditions of Sale, and where appropriate the Special Terms and Conditions of Sale related to a product or service, and accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Customer declares that he is legally able to contract under French law or validly represent the natural or legal person for which he is committing himself. Unless proven otherwise, the information recorded by the Micro-enterprise constitutes proof of all transactions.
ARTICLE 3 – PRICE
The prices of the products sold through the Internet sites are indicated in Euros excluding taxes and precisely determined on the Product description pages. They are also indicated in Euros including all taxes (VAT + any other taxes) on the product order page, and excluding specific shipping costs. For all Products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated net of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller. They shall be borne by the Buyer and are its responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the purchaser to inquire about these aspects with the corresponding local authorities. The Micro-enterprise reserves the right to modify its prices at any time in the future. The telecommunication costs necessary to access the Micro-enterprise’s websites are at the Customer’s expense. If applicable, also the delivery costs.
ARTICLE 4 – CONCLUSION OF THE ONLINE CONTRACT
The Customer must follow a series of steps specific to each Product or Service offered for sale by the Seller in order to complete the order. However, the steps described below are systematic: – Information on the essential characteristics of the Product; – Choice of the Product, its options if any, and indication of the Customer’s essential data (identification, address, etc.); – Acceptance of these General Terms and Conditions of Sale. – Verification of the elements of the order and, if necessary, correction of errors. – Follow-up of payment instructions and payment of the products. – Delivery of the products. The Customer will then receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. He will receive a .pdf copy of these general terms and conditions of sale. For the products delivered, this delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, the Customer undertakes to provide his true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
ARTICLE 5 – PRODUCTS AND SERVICES
The essential characteristics of the goods, services and their respective prices are made available to the purchaser on the Micro-enterprise’s websites. The customer certifies that he or she has received details of the delivery charges as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to fulfill the Customer’s order within the limits of available stocks only. Failing this, the Seller shall inform the Customer. This contractual information is presented in detail and in French language. In accordance with French law, they are the subject of a summary and a confirmation when the order is validated. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the sales pages of the Products, as well as the minimum duration of the proposed contracts when they relate to a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted hereunder are granted solely to the natural person signing the order (or the person holding the email address communicated). In accordance with the legal provisions regarding conformity and latent defects, the Seller shall reimburse or exchange defective products or products that do not correspond to the order. The refund can be requested by contacting the Seller by email or letter.
ARTICLE 6 – RESERVATION OF OWNERSHIP CLAUSE
The products remain the property of the Micro-enterprise until full payment of the price.
ARTICLE 7 – TERMS OF DELIVERY
The products are delivered to the delivery address that was indicated at the time of the order and the time indicated. This time does not take into account the time of preparation of the order. When the Customer orders several products at the same time, these may have different delivery times and be delivered in different ways. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to follow up on the order. The Seller reminds the Customer that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to the Customer.
ARTICLE 8 – AVAILABILITY AND PRESENTATION
Orders will be processed within the limits of our available stocks or subject to the stocks available from our suppliers.
ARTICLE 9 – PAYMENT
Payment is due immediately upon ordering, including for pre-ordered products. The Customer may pay by credit card. The secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of art and cannot be read during transport on the network. Once the payment is made by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating its banking information at the time of the sale, the Customer authorizes the Seller to debit its card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale shall be immediately terminated by operation of law and the order cancelled.
In the event of payment by installments approved by the Seller – i.e. payment in two installments – the Customer agrees to pay the second installment within 7 days following the written request transmitted by the Seller.
ARTICLE 10 – WITHDRAWAL DEADLINE
The right of withdrawal does not apply to the purchase of online courses or training or digital products (you waive your right of withdrawal for digital content provided on an intangible medium whose execution has begun with your agreement https://www.service-public.fr).
ARTICLE 11 – WARRANTIES
If both parties wish, by mutual agreement, to interrupt the coaching (if indeed it involves a coaching programme such as “Find Your French Confidence” or a 1:1 coaching programme), a pro-rata reimbursement may be considered.
All refund requests must be made by e-mail to this address: firstname.lastname@example.org.
If a reimbursement request is accepted, then the Seller promises to refund the payment minus any transaction fees incurred at the time of payment (such as is the case of payment by bank card).
ARTICLE 12 – CLAIMS
If necessary, the Purchaser may submit any claim by contacting the Micro-enterprise by email or by simple letter.
ARTICLE 13 – INTELLECTUAL PROPERTY RIGHTS
The trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
ARTICLE 14 – FORCE MAJEURE
The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of an act of God or force majeure that would prevent its performance. The seller shall notify the customer of the occurrence of such an event as soon as possible.
ARTICLE 15 – NULLITY AND MODIFICATION OF THE CONTRACT
If one of the stipulations of this contract were to be cancelled, such cancellation would not entail the cancellation of the other stipulations which will remain in force between the parties. Any contractual modification is valid only after a written and signed agreement of the parties.
ARTICLE 16 – GDPR AND PROTECTION OF PERSONAL DATA
In accordance with the European regulation on the protection of personal data, you have the right to question, access, modify, oppose and rectify your personal data. By adhering to these general terms and conditions of sale, you consent to the collection and use of this data by us for the fulfilment of this contract.
ARTICLE 17 – APPLICABLE LAW
All the clauses in these general terms and conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.
Translated with www.DeepL.com/Translator (free version)