General conditions of sale

General conditions of use

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LSF

Version No. 2 dated December 15, 2023

These general conditions of sale are written in French in their original version which alone is authentic and prevails over any other version translated into a foreign language.

Article 1: Definitions

All terms whose initial appears in capital letters have the meaning given to them as follows:

« Authentification » Désigne la procédure permettant de contrôler l’accès d’un Client à son Compte Client, par la communication de son identifiant et de son mot de passe.
« CGV » ou « Conditions Générales de Vente » ou « Contrat » Désigne les présentes conditions générales de vente qui s’appliquent aux relations contractuelles entre LINGUEO et le Client.
« Client » Désigne la personne physique majeure contractant avec LINGUEO aux fins de bénéficier des Services.
« Client Consommateur » Désigne la personne physique agissant à des fins qui n’entrent pas dans le cadre de son activité commerciale, industrielle, artisanale, libérale ou agricole, au sens du Code de la consommation.
« Client Professionnel » Désigne la personne physique qui agit à des fins entrant dans le cadre de son activité commerciale, industrielle, artisanale, libérale ou agricole.
« Client Client » Désigne l’espace personnel du Client accessible via son Authentification depuis le Site.
« Données » Désigne toutes informations, autres que les Données Personnelles, communiquées par le Client au Vendeur dans le cadre de la fourniture des Services.
« Données Personnelles » Désigne les données à caractère personnel au sens de la loi n°78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés et du règlement européen n°2016/679 du Parlement européen et du Conseil du 27 avril 2016 relatif à la protection des personnes physiques à l’égard du traitement de données à caractère personnel et à la libre circulation de ces données (RGPD), à savoir toutes les données permettant, sous quelque forme que ce soit, directement ou non, l’identification des personnes physiques auxquelles elles s’appliquent, traitées par le Vendeur selon les modalités spécifiées à l’article 13 des CGV et au sein de la Politique de Confidentialité.
« Droits Privatifs » Désigne les droits d’auteur, les droits voisins, le droit sui generis des bases de données, les dessins et modèles, les brevets et les marques.
« Informations Confidentielles » Désigne les informations, connaissances, données, contenus de documents, documentations, contrats, méthodes, fichiers, croquis, dessins, inventions, logiciels, codes sources, développements, technologies, procédés, formules, quels que soient le supports, quelle qu’en soient la forme et la nature, notamment d’ordre commercial, juridique, administratif, comptable, organisationnel, logistique, informatique, artistique, transmis par l’une des Parties à l’autre, oralement ou par écrit, dans le cadre de l’exécution des CGV ou dont les Parties ou leur personnel auraient eu connaissance ou accès à l’occasion de l’exécution des CGV.
« Partie » ou « Parties » Désigne individuellement ou collectivement le Client et/ou le Vendeur.
« Politique de Confidentialité » Désigne la politique de confidentialité accessible sur les Sites via la rubrique « Politique de confidentialité ».
« Services » Désigne les services décrits à l’article 3 des CGV.
« Site » Désigne le site Internet accessible via l’adresse https://www.lingueo.com/ depuis :
Un ordinateur ou un terminal disposant d'un accès à un ou plusieurs réseaux de télécommunications permettant l'accès au réseau Internet et d'un logiciel de navigation sur le réseau Internet ;
Un terminal téléphonique disposant d'un accès à un réseau de télécommunications permettant l'accès au réseau Internet (connexion 3G, 4G, 5G, Edge, etc.).
« Vendeur » Désigne la société LINGUEO, société par actions simplifiée, au capital social de 79 672,00 €, dont le siège social est situé au 29 b Rue Monge, 75005 PARIS, immatriculée au Registre du Commerce et des Sociétés de Paris sous le numéro 501 604 110 représentée par la société SUPACAST (904 491 651 PARIS) - Tél. 01 84 80 43 10 – E-mail : contact@lingueo.com – N° TVA : FR29501604110

Article 2: Purpose

2.1. These Terms and Conditions, accessible at any time on the Site under the “General Terms and Conditions of Sale” section, are intended to determine the terms and conditions under which the Seller offers and performs the Services for the benefit of Customers.

2.2. The CGV apply without restriction or reservation to any order for Services by the Customer. They take precedence over all other documents such as brochures, catalogs or documentation from the Seller, which are only indicative.

2.3. The CGV concern orders placed from France or abroad by Customers located in France or outside French territory.

2.4. The CGV may be subject to subsequent changes, the applicable version being the one in force on the Site on the date the Services are ordered by the Customer. The Customer will be informed by email of changes to the GTC within 7 (seven) days before they come into force.

Section 3: Description of the Services

3.1. LINGUEO offers Customers online foreign language courses.

3.2. Trainings include:

  • Live courses taught by a native teacher via videoconference (hereinafter the ”Cours”).
  • Online exercises.

3.3. The courses are sold in various packs including in particular a defined number of hours of lessons or as a single course (hereinafter the “ Formule Formation”).

3.4. The Services are aimed at Professional Customers and Consumer Customers.

Section 4: Terms of ordering and using the Services

4.1. General provisions:

4.1.1. The Customer is invited to read the CGV and to check his order before validating it.

4.1.2. The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment or the smooth running of a previous order.

4.1.3. The Customer undertakes to provide accurate and up-to-date Data and to inform the Seller without delay of any changes relating to this information.

4.2. Placing the order:

4.2.1. In order to order the Services, the Customer selects the Training Package of his choice and clicks on “Buy”.

4.2.2. The Customer is then directed to the order form in order to fill in his e-mail address, telephone number, name and surname, bank details.

4.2.3. The Customer undertakes to provide accurate information. The provision of false information makes it impossible for the Seller to perform its obligations.

4.2.4. The Customer checks the box: “I accept the General Terms and Conditions of Sale and the Privacy Policy ” to validate your purchase, which validation implies unrestricted or reserved acceptance of the Terms and Conditions and the Privacy Policy.

4.3. Creation of the Personal Account:

4.3.1. At the end of the order, the Customer will receive by email a registration link allowing him to create his Personal Account by entering a password.

4.3.2. The username and password required to create the Personal Account are confidential. The Customer undertakes to make every effort to maintain this confidentiality and not to disclose them in any form whatsoever, or to authorize a third party to use them.

4.4. Course Scheduling:

Once the Personal Account has been created, the Customer can schedule the Courses via the calendar accessible on the said Personal Account.

4.5. Course schedule:

4.5.1. The Courses take place by videoconference via the Teams application. The Client will receive a connection link before the session.

4.5.2. The Customer will access its Courses using its own equipment, in particular its computers, microphones, telecommunications equipment and webcam, which the Customer declares to be perfectly adapted and meeting the technical criteria detailed on the page. https://lingueocustomers.crisp.help/fr/article/1pga5z1/.

The Customer acknowledges that no refund can be made in the event of a poor connection or other difficulty related to the use of unsuitable equipment.

Section 5: Seller's commitments

5.1. The Seller undertakes to make every effort to provide the Services to the Customer in such a way as to best meet his needs.

5.2. The Services are provided in accordance with the provisions of these Terms and Conditions and the practices of the profession.

5.3. The Seller undertakes to make the Site available to the Customer as well as to make its best efforts to ensure its accessibility and proper functioning 24/7, within the framework of an obligation of means. However, the Seller will not be responsible for the unavailability or slowdowns of the Site related to:

  • To a case of force majeure or to a decision by the authorities;
  • To an abnormal, fraudulent or non-compliant use of the Site in accordance with the terms of the T&Cs;
  • To the technical hazards inherent to the Internet, including the spread of viruses by this means, and to the interruptions of access that may result from them and any damage in the event of failure of telecommunications operators, the electricity supplier or any service provider involved in the execution of the GTC;
  • Due to maintenance interventions or interventions necessary for the proper functioning of the Site;
  • To an evolution of technologies, of any nature whatsoever and in particular linked to navigation systems, or regulations in force;
  • Any difficulty related to the Teams tool during the Courses.

Section 6: Customer Commitments

6.1. In general, the Customer undertakes to respect the laws and regulations in force, these Terms and Conditions as well as any special conditions that may be communicated to him when ordering Services, and not to infringe public order, morality or the rights of third parties in the context of the use of the Services.

6.2. The Customer undertakes to provide the Seller with all the Data and means that the Seller deems necessary for the provision of the Services, it being specified that the Customer is solely responsible for the accuracy and completeness of the Data.

6.3. The Customer undertakes to use the Services fairly, in accordance with their destination and not to divert them.

6.4. Finally, the Customer undertakes to report any difficulty that he may encounter in the provision of the Services.

Section 7: Financial conditions

7.1. Price:

7.1.1. The prices are mentioned in euros on the Site in the “ Formule Formation ”.

7.1.2. The prices are expressed “All Taxes Included” (TTC).

7.1.3. The Seller reserves the right to change prices at any time but undertakes to apply the rates in force on the day the Services are ordered by the Customer without the possibility of retroactive reimbursement in the event of a subsequent price drop.

7.2. Payment terms:

7.2.1. The Services are payable in full at the time of the order.

7.2.2. Payment for the Services is made only by bank card on the STRIPE payment platform, to which the Site refers and according to its own general conditions of sale and use accessible via the following link. https://stripe.com/fr-us/legal/consumer, of which the Customer declares to have fully read and accepted all the terms.

7.2.3. The Customer acknowledges that only the company publishing the STRIPE platform will be responsible for any damage resulting from its use and that the Seller cannot be held responsible for direct or indirect damage caused by this use, for any reason and on any basis whatsoever.

Section 8: Withdrawal - Cancellation

8.1. Right of withdrawal (Consumer Customer)

8.1.1. Existence of the right of withdrawal:

If the Consumer Customer meets the conditions, as set out in articles L.221-18 and following of the Consumer Code, the Consumer Customer has a right of withdrawal that he can exercise within 14 (fourteen) days following the date of validation of the order for the Services. In the event that this period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day.


8.1.2. Exception to the right of withdrawal:

8.1.2.1. The Consumer Customer expressly accepts that the Services may begin before the end of the withdrawal period of 14 (fourteen) days from the date of his order and that in this case, the provisions of articles 8.2.2 and 8.2.3 will apply.

8.1.2.2. Services fully performed before the expiry of the withdrawal period : in accordance with article L 221-28 1° of the Consumer Code, in the event that all the Courses comprising his order have been provided before the expiration of the period of 14 (fourteen) days referred to in article 8.1, the Consumer Customer will no longer be able to withdraw from this order, which he expressly accepts.

8.1.2.3. Services partially performed before the expiry of the withdrawal period : in accordance with article L221-25 paragraph 2 of the Consumer Code, in the event that only part of the Courses comprising his order have been dispensed before the expiration of the period of 14 (fourteen) days, the Consumer Customer will remain liable for the amount corresponding to the price of the Services performed until the Seller receives his decision to withdraw, which he expressly accepts.


8.1.3. How to exercise the right of withdrawal:

8.1.3.1. To exercise his right of withdrawal, the Consumer Customer must unambiguously express his desire to withdraw without having to justify his decision, by sending before the aforementioned period of 14 (fourteen) days the withdrawal form attached in Appendix 1 of these GCS duly completed, or any other declaration, to the Seller's postal address mentioned in Article 1.

8.1.3.2. The refund will take place no later than 14 (fourteen) days following the date on which the Seller is informed of the Consumer Customer's decision to exercise his right of withdrawal, and using the same means of payment as that used for the order.

8.1.4. Except for exercising the right of withdrawal exercised in accordance with the above conditions, the Customer does not have the possibility to cancel his order and claim a refund, which he declares to accept expressly and without the least reservation.

8.2. Cancellation (Professional Customer)

The Professional Customer acknowledges that any order for Services is firm and final and that its cancellation will not give rise to any refund from the Seller, which he declares to accept expressly and without the least reservation.

Article 9: Duration

9.1. The Contract comes into force on the date of validation of the order as defined in article 4 and is concluded for the period necessary for the provision of the Services.

9.2. The provisions of articles 11 (responsibility), 12 (intellectual property) and 13 (personal data) survive the expiration of the contractual relationship between the Parties regardless of the cause and in the terms provided for by these articles.

Article 10: Termination

Any serious breach by a Party of any of the obligations imposed on it by the GTCS, not repaired within 15 (fifteen) days from the sending of a registered letter with acknowledgement of receipt entitles the other Party to unilaterally invoke their cancellation by operation of law, without prejudice to any damages to which it could claim, in accordance with article 1224 of the Civil Code.

Article 11: Responsibility

11.1. Principle of responsibility:

11.1.1. The Services are provided by the Seller as part of an obligation of means.

11.1.2. The Seller cannot be held liable for causes external to him and in particular for compensation for damage resulting from:

  • A breach by the Customer of the provisions of the CGV and/or the instructions of the Seller;
  • An unforeseeable and insurmountable fact by a third party;
  • A case of force majeure.

11.2. Exclusions and liability limits (Professional Customers):

11.2.1. If the Seller's liability should be retained, the Customer may only be compensated for direct damages, excluding indirect damages such as loss of profit or turnover, missed gain, loss of customers, commercial prejudice, commercial damage, loss of information, loss of opportunity or even loss of time.

11.2.2. In any event, the amount of damages that could be charged to the Seller may not exceed, all damages combined, the price of the Services deemed to be defective.

Article 12: Intellectual property

12.1. The Contract does not transfer Private Rights to the benefit of the Customer, in particular with regard to the Site and his Personal Account, which he is prohibited from using for any purpose other than consulting them on the screen or for purposes other than his own needs.

12.2. The Customer is prohibited from carrying out any act of reproduction or representation of the Site and his Personal Account and the contents to which he may have access as part of the Services, in whole or in part, in any form and for any reason whatsoever.

Article 13: Personal Data

13.1. For the purposes of ordering the Services, the Seller is required to process Personal Data concerning the Customer.

13.2. The Personal Data referred to in article 13.1 is processed in accordance with the privacy policy available on the Site in the “Privacy Policy” section or via the following link. https://www.lingueo.com/politique-de-confidentialite, which the Customer declares to accept expressly and unreservedly by validating the order.

Article 14: Force majeure

14.1. Any case of force majeure beyond the control of the Parties as defined by article 1218 of the Civil Code, as defined by article 1218 of the Civil Code, which cannot be reasonably anticipated at the time of acceptance of the GTC, and whose effects could not be avoided by appropriate measures, will relieve each Party of its obligations under the General Terms and Conditions as long as such an event and its effects continue.

14.2. The Party affected by the force majeure event shall immediately inform the other Party by sending a written notice to the other Party when the force majeure event occurs and when it ceases. The Party that is affected by the force majeure event must take all reasonable measures to limit the impact on the other Party and undertakes to resume the execution of the GTC as soon as the force majeure event has stopped.

14.3. If the impediment or delay persists for more than 3 (three) months, the Party not affected by the event may terminate the GTC after receipt by the other Party of a written notice of 1 (one) month with acknowledgement of receipt.

Article 15: Applicable law — Dispute resolution

15.1. The GTC are governed and interpreted in accordance with French law.

15.2. In the event of a dispute or dispute that may arise concerning in particular their validity, interpretation and/or execution, the Parties agree to make their best efforts to reach an amicable agreement.


15.3. The Consumer Customer is also informed that he may in any event use conventional mediation. In this respect, the Consumer Customer may submit his complaint:

  • Or by post by writing to CNPM  MÉDIATION CONSOMMATION
    27, Avenue de la Libération - 42400 SAINT-CHAMOND;

15.4. Disputes that could not be settled amicably between the Parties will be submitted to the competent courts.

Article 16: Pre-contractual information

The Customer acknowledges having been provided, prior to ordering the Services, in a legible and understandable manner, of all the information listed in articles L.221-5 of the Consumer Code and following, and in particular the following information:

  • The essential characteristics of the Services;
  • The price of the Services;
  • The deadlines for the provision of the Services;
  • Information relating to the identity of the Seller, to his postal, telephone and electronic contact details and to his activities;
  • The fact that the provision of the Services is not subject to specific provisions relating to legal guarantees of conformity;
  • The functionalities of the Site;
  • The possibility of using conventional mediation in the event of a dispute;
  • Accepted payment methods.

Appendix 1: Withdrawal form

Please complete and return this form only if you wish to withdraw from your order placed on the Site - except for exclusions or limits to the exercise of the right of withdrawal according to the CGV.

For the attention of the company LINGUEO - at 29 b Rue Monge, 75005 PARIS - France

I hereby notify you of my decision to exercise my right of withdrawal concerning the sale of the service below:

Order date:...

Order number:...

Purpose of the order:...

Name and surname:...

Postal address:...

Email address:...

Phone number:...

Signature:

Date:...