General terms of sale

General terms of sale

General terms of sale

The following general terms of sale are concluded between :

Jennifer Bellengé, owner and representative of the business SPEAK FRENCH WITH ME, where the headquarter is 1 route de Tence 43400 Le-Chambon-sur-Lignon (France), holder of the SIREN number : 833 725 161 and hereinafter referred to as “ the Teacher”.

And, the buyer wishing to resort to his services and hereinafter referred to as “the client”.

The Client refers to an adult completely capable of contracting, if it is not his legal representative must contract.

 

  1. Applications of general conditions – opposability :

Any past order indicates the whole membership and without reserve of the Client to the present general terms of sale with exclusion from any other document.

No particular condition can prevail against general terms of sale.

The execution of any service by the Teacher implies on behalf of the Client the acceptance of the present general conditions of purchase.Thus any opposite condition will be, for lack of express, non-invocable acceptance to the Teacher, whatever is the moment when it was able to be brought to his knowledge.

The fact that the Professor does not take advantage at a moment of any of the present general terms of sale, cannot be interpreted as being worth renunciation in his to prevail later of any the aforementioned conditions.

SPEAK FRENCH WITH ME saves itself the possibility of modifying and of updating general terms of sale without advance notice. To be informed about these possible modifications, recommends to the Client, and in a general way to every user, to review the general terms of sale of the Site regularly.

The order will be subjected to the current general terms of sale at the time of the order.

 

      2.  Issuance of purchase orders :

A) Remote payment :

Any order relative to one packages is payable in its entirety from the order by card or paypal account. Further to this order, the Teacher send to the Client a confirmation with a list of documents to be supplied to complete the file and obtain the implementation of the timetable of the courses.

B) Personal estimate :

Every order of the Client can be the object of a personalized and free estimate, established by the Teacher on the basis of a request of the Client. This estimate is established according to the result of the Client’s evaluation and his goal.

The estimate sent by the Professor to the Customer, by post or email specify in particular :

  • the number of recommended courses.
  • the Client’s goal
  • The hourly price list determined according to the jet lag between France and the Client’s location
  • the program of progress
  • the spreading of courses
  • the schedule per week
  • the possible price increases applied in particular in case of time change in France (summer/ winter time), the jet lag could not be any more the same, a revision is  possible.

 

To confirm his order in a firm way, the Client has to return the estimate without any modification, either by post or by email with the mention ” well for agreement “, the date and his signature. With it, the Client will have to send to the Teacher his availability over a month to being able to organize the courses which the Client wishes to follow.

For lack of reception of the acceptance of the estimate, the Teacher reserves the right not to begin his service. Without confirmation of the order according to the modalities defined above, within one month from the date of sending of the estimate, the latter will be considered null and void.

The Teacher saves himself the possibility, having informed the Client, to increase the price rates of the services appearing on the confirmation of initial order of the Customer, in the following case:

  • Addition of additional courses by the Client after the establishment of the estimate by the Teacher, which case the Teacher reserves the right to adjust the price rate according to the number of hour wanted.

For lack of express agreement of the Client on these new conditions of invoicing, the Teacher reserves the right not to pursue his service.

Unless otherwise agreed indicated on the estimate, expenses incurred for the realization of the service are chargeable to the Client (such as mail expenses bound to the sending of documents papers).

The discounts possibly given to the Client would know how to create on no account a vested interest for later services.

The discount of 10 % of the student pack: The godfather and the godchild benefit from a preferential rate if these two people validate each orders them. To be eligible to this offer, you will have to provide a school certificate or a copy of your student card.

Any order crossed on the site www.speakfrenchwithme.com  supposes the acceptance of the present general terms of sale, whose Client recognizes he acquainted them, to have understood and accepted with full knowledge of the facts.

 

  1. Proof :

For the purposes of the proof of the existence of this acceptance of estimate, the Client admits considering as equivalent to the original and as perfect proof, the email, the copy and the IT support.

 

  1. Deposit :

Any order whatever is the amount will be submitted to a request of deposit, the percentage of which is at the level of 50 % to insure the definitive reservation of the order. The service will begin only after collection of this deposit.

This is valid for any personalized estimate. The remote payments are not subjected to this system of deposit.

 

  1. Deadline of implementation :

The implementation of the courses can be established only if the Client supplied beforehand to the Teacher his availability over a month. Otherwise, the insertion of the courses cannot be made.

The schedule established on the estimate is applicable only on condition that the Client confirms his order according to the modalities defined in the article 2 and 4. Or, the implementation can be the object of a revision to see of a cancellation of order.

 

  1. Teacher’s obligations :

The Teacher makes a commitment to respect the goal of his Client by giving him( or her) adapted courses and by drawing a line of conduct which will allow to reach this purpose.

For every scheduled course, the Teacher makes a commitment to be on time for his Client and will bring him the necessary tools for the success of their commitment.

 

  1. Client’s obligations :

The Client makes a commitment to be attentive and diligent during the courses so that the goal can be reached. He will be on time in his courses. If it is not the case, no extra time will be possible as well as a refund of the lost time.

 

  1. Confidentiality :

The Teacher makes a commitment to reveal no information concerning his Clients.

However, the responsibility of the Teacher cannot be committed because of an interception or of a misappropriation of the information during the transfer of the data.

SPEAK FRENCH WITH ME is worried about the protection of personal data. That is why, it commits to the best protection of your personal data in accordance with data protection acts.

For any information about the protection of personal data, you can also consult the site of the Committee Informatique et Liberté to www.cnil.fr

 

  1. Format :

Besides the courses given live by webcam, educational files will be passed on to the Client. These files will be under format PDF, if the computer of the Client does not read this format, does not have the possibility of printing it or of scanning it, the Client can make the request obtain these documents under another format (word or google document).

If the format wished by the Client is not mentioned, it is because the Teacher does not produce document under this format.

 

  1. Responsability :

Client’s responsibility :

The punctuality is of the responsibility of the Client, that he is present or not the course begins on time.

The Client also has to work the exercises and the vocabulary given. If he does not make it, his lack of progress could not hold the Teacher responsible.

Teacher’s responsibility :

The Teacher will insure the quality of the courses and will vary teaching methods according to his Client to find the most effective in what concerns him. Nevertheless, the Teacher will not be responsible for the lack of motivation of his Client nor for his rigorous lack.

 

  1. Exams and progression :

The Teacher can prepare his Client for official examinations but the Teacher cannot make it validate or register his customer on these examinations. He returns to the Client to join it.

The progress of the level of the Client can be asked by this one after a minimum of 20 courses, with the Teacher so that the Client can notice his evolution to compare with his level of departure.

If the person who pays the order is different from the Client (company, association, parents, supervisor … ), this person will see itself the right to reach the progress of the Client and to ask for a copy of the results. If this person wishes it, an interview with the Teacher is possible by appointment and by webcam.

On no account, this person can question the methods used by the Teacher and can attend the course given to the Client. These sessions being deprived, the fact of attending these courses would transform the session deprived in a session of group, what the Teacher does not make.

However, the courses being distributed by webcam, If the Client is minor his legal representative will be authorized to be present during the sessions. Nevertheless, not to disrupt the course, a silent presence will be appreciated.

 

  1. Prohibitions :

During the sessions, it is forbidden to use extravagant words. The respect between the Teacher and the Client allows the smooth running. Although the sessions will be made by webcam and the Client will be at his home, an inappropriate holding (dress, attitude …) will not be tolerated. The propriety will be largely appreciated.

It is also forbidden to follow in several on the same computer the sessions of courses. The courses having a private character, a single Client is authorized to follow the session (except for the minors).

Except the sessions, documents sent by the Teacher to the Client are not authorized to be shared. Although these documents are made for the Client, it does not make of it the property of the Client.

 

  1. Tariff system :

The price of the service is established (in euros) according to time difference between the Teacher (France) and the Client (his localization), and according to the number of courses necessary to reach his goal.

Prices indicated on estimate and invoices will be established in exclusive of tax (HT).

However, the liberal profession being franchised by the value-added tax (TVA), the amount exclusive tax is equal to the amount inclusive of all taxes (TTC).

All the orders are payable in euros.

 

  1. Payment terms :

Except opposite precision, the entire invoice must be settled within 30 days as from its date of issue.The payment is made by bank transfer thanks to the RIB(BANK DETAILS) supplied with the estimate and/or the invoice.

For the electronic payment, the Client can use his (or her) credit card.

These general terms of sale being the object of an agreement concluded between the Teacher and the Client, the payment of the amount of the service could not be submitted to the check, the approval or the payment of any other part.

In case of delay in payment, orders on hand can be interrupted by rights up to the complete payment and the Client will be indebted, unless no preliminary reminder is necessary, of late-payment interest calculated at the 10 % rate a month as from the first day according to the deadline of payment and applied to the total amount HT of the considered invoice, to whom will come to be added, according to the article D.44-5 of the commercial law, a fixed compensation for 40€ collection charges.

 

  1. Cancellation and adjournment :

To cancel an order and be entirely paid off, the Client will have to warn the Teacher one week before the beginning of the sessions.

In case of cancellation of one session, the Teacher must be informed about it 48 hours in advance for a repayment of this course and 24 hours in advance for an adjournment.

The adjournment of a course can be made at the request of the Client (if the Teacher is warned in the times) by specifying the motive for this adjournment. Following what, the Teacher will send to the Client two new possibilities of sessions which the Client will have to answer within one week.

 

  1. Litigation :

Any dispute concerning the interpretation and concerning the execution of the present general terms of sale is submitted to the French law.