Legal Notice

General Terms of Use (GTU) and Sale (GTS) of the website myfrenchtime.com

Preambule

This page gathers the general terms of use of the website myfrenchtime.com. It describes the rules for using the service, purchasing access to our training offers (individual lessons, group lessons, culture club), handling complaints, and processing personal data.

If you have any questions or concerns regarding the service’s terms of use or the specific sales conditions, please do not hesitate to contact us at the following address: myfrenchtime.school@gmail.com 

Website Identity:

Website Name: MyFrenchTime
Website Address: https://www.myfrenchtime.com/

Owner: Eva Delaire
Publication Managers: Eva Delaire, Sofiane Doulfaquar, Daria Sakharova

Hosting of the website:
SAS OVH
2 rue Kellermann
BP 80157
59100 Roubaix
support@ovh.com 

The website https://www.myfrenchtime.com/ is edited by the owner Eva Delaire and by the Publication Managers.

Owner’s Identity:

Individual Entrepreneur: Eva Delaire – SIRET : 888 390 804 00027
+33.6.77.84.69.74 – eva.delaire@gmail.com – 6 avenue Salvador Allende, 69100 Villeurbanne

Article 1: Object

1.1 The purpose of these General Terms and Conditions (GTC) and General Sales Conditions (GSC) is to establish the rights, obligations, and responsibilities between the individual entrepreneur Eva Delaire, the users, and the clients of the services related to the website myfrenchtime.com.

1.2 The following articles serve as sales and service terms and conditions between the website MyFrenchTime, 6 avenue Salvador Allende, 69100 Villeurbanne, acting as the manager Eva Delaire, registered as a sole proprietor under the number SIRET 888 390 804 00027, hereinafter referred to as “the Seller,” on the one hand, and the individual or legal entity purchasing products or services from the company, hereinafter referred to as “the Buyer” or “the Client,” on the other hand.

Article 2: Definitions

2.1 The terms used on this page are defined as follows:

  • “User” refers to an individual or legal entity accessing the website…
  • “Buyer” / “Client” refers to an individual or legal entity entering into a contract with the website owner by purchasing a “product” or “service” available on the site. The buyer is therefore a user.
  • “Purchase” refers to the action of acquiring a “service” or “product” for monetary consideration.
  • “Service” refers to the list of available services (see Article 4).
  • “Product” refers to the list of available products (see Article 4).
  • “Site” refers to the site myfrenchtime.com.
  • “Terms of Use and Sale” (abbreviated as GTC and/or GSC) refer to the page on the website myfrenchtime.com available at the following URL: XXX.
  • “Privacy Policy” refers to the page on the website myfrenchtime.com available at the following URL: XXX.
  • “Site Owner” refers to the sole proprietor Eva Delaire under the number SIRET 888 390 804 00027..

Article 3: Preliminary Conditions

3.1 These GTC/GSC define the general conditions of the website, the respective rights and obligations of the site owners, the user, and the client.

3.2 The site owner offers for sale various dematerialized products and services (see Article 4 of these GTC/GSC) and provides the user with a service via electronic means.

3.3 To use the website and the dedicated digital content, the user must meet the following specifications:

  • Have an internet connection or access to the internet
  • Have a standard operating system
  • Have a web browser
  • Have an email address (in case of wanting to create an account on the site) There is no need to have any other specific technical or material requirements.

3.4 For the user to become a client, it is necessary for them to enter into a purchase contract by exchanging fiduciary currencies for the products and services offered by the site, according to the purchasing standards and procedures established in these Terms of Use and Sale.

3.5 The user can browse the site without having to provide personal data, but adding comments, subscribing to the newsletter, or contacting the Site Owner implies providing the following personal data: name, surname, email address, date of birth, nationality, place of residence, gender. Concluding a purchase contract to access certain digital products and services also requires providing personal data.

3.6 It is strictly prohibited for the user of the site to provide illicit content using the forms available on the website. The site owner disclaims any legal consequences of such actions.

3.7 In accordance with the provisions of Article 1127-1 of the Civil Code, the Client must follow a series of steps to conclude the contract electronically in order to place their order:

  • Information on the essential characteristics of the Product;
  • Selection of services and products, where applicable, and their options;
  • Indication of the client’s essential contact details (identification, email, address…);
  • Acceptance of these General Terms and Conditions of Sale and Use;
  • Verification of the elements of the order. Before confirming the order, the buyer has the opportunity to check the details of their order, its price, and correct any errors or cancel their order. Confirmation of the order will constitute the formation of the present contract. Clicking/pressing the confirmation button.

3.8 The client will have the possibility during their ordering process to identify any errors made in entering the data and to correct them by sending an email to the email address contact@myfrenchtime.com. The languages ​​proposed for the conclusion of the contract are French and English.

3.9 The archiving of communications, the order, the details of the order, as well as the invoices, is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information can be produced as evidence of the contract.

Article 4: Services and Products

4.1 The prices indicated on the website are gross prices in euros. For information, certain fees may be applied depending on the payment method used by the Client or the Client’s payment currency (fluctuation of exchange rates).

4.2 The services are defined by the offer of French as a Foreign Language training courses on the Site. These courses can be individual or group.

4.3 The prices of the services are set as follows:

  • Individual course: 35 euros.
  • Group course: 21 euros
  • Group course (10-course package): 180 euros
  • Group course (20-course package): 300 euros
  • Culture Club course: 27 euros
  • Culture Club course (10-course package): 240 euros
  • Culture Club course (20-course package): 420 euros

Article 5 : Compliance, Guarantees, Claims

5.1 The site owner is obliged to provide the client with services and products free from defects or hidden flaws. 

5.2 In accordance with decree n° 2022-946 of June 29, 2022, the site owner assumes the guarantees of conformity and relative to hidden defects of the products. The site owner may proceed with an exchange of the product if it does not correspond to the order made by the client. 

5.3 If the client identifies a defect in the products (delivered digital content) or on the Site, they can contact the site owner at the following address: contact@myfrenchtime.com

5.4 The site owner recalls the conditions of action in relation to the notion of conformity. The Client:

  • waives their right of withdrawal of two weeks for any purchase of dematerialized product, no refund will be made.
  • may choose between replacement subject to the conditions provided for by the aforementioned provisions, apparently defective or not corresponding to the sale of a service or product. 5.5 In accordance with the provisions of articles L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that they can resort to a consumer mediator under the conditions provided by Title I of Book VI of the Consumer Code.

5.5 A user can create an account on the site at any time, provided they respect the behavioral charter (article 11) and French law in a broad sense, also more particularly in compliance with the digital law of July 5, 2023.

5.6 The Site Manager reserves the right to suspend or delete a user account if:

  • an article of the behavioral charter (article 11) is not respected by the user;
  • false information or stolen personal data has been recorded at the time of creating the account;
  • the user account threatens the order of e-commerce by disrupting the use of services by others or by stealing their information;
  • the user transfers, grants, provides, or shares with others the right to use the services and content without the authorization of the Site Manager;
  • the user obstructs or attempts to obstruct the normal provision of services and products on the site.

Article 6 : Moral and Intellectual Property Rights

6.1 All resources, images, illustrations, and photographs used on this site belong to the Site’s manager, Eva Delaire, and no reproduction is possible without the express consent of the Site’s manager. 

6.2 The site manager informs users and clients that the pages of the Site constitute works within the meaning of the law of February 4, 1994, on copyright and neighboring rights, of which the site manager is the owner. 

6.3 The Site Manager informs users and clients that any reproduction without the express consent of the Site Manager (for personal or public use), whether partial or complete, of certain pages of the site, resources, images, illustrations, photographs, podcasts, audios, videos constitutes a violation of copyright and may result in civil or criminal liability.

Article 7 : Access to Content and Availability

7.1 Some entertainment and educational content is available for free on the site. If the user wishes to become a client, a contract must be concluded with the site manager (articles 3 and 4).

7.2 After payment (article 7), the site manager undertakes to establish the delivery of products and services electronically, by specifying the access modalities to the content, transmitting the relevant files, or providing links.

Article 8 : Payment

8.1 Payment is due immediately upon ordering, including for products on pre-order.

8.2 The Client may make payment by bank transfer or through an online payment platform (PayPal, Wise).

8.3 Once payment is initiated by the Client, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by bank transfer or via a payment platform is irrevocable. In case of error or impossibility of transfer, the Sale is immediately terminated by operation of law and the order canceled.

8.4 The Client may make payment through the PayPal platform, managed by PayPal (Europe) S.à r.l. et Cie, S.C.A. R.C.S. Luxembourg B 118 349.

8.5 By making payment through PayPal, the Client uses the service provided by PayPal (Europe) S.à r.l. et Cie, S.C.A. The Site Manager does not have access to the Client’s payment data.

8.6 The Client may make payment through the Wise platform, managed by Wise Europe SA, 1050 Brussels, Belgium.

8.7 By making payment through Wise, the Client uses the service provided by Wise Europe SA. The Site Manager does not have access to the Client’s payment data.

8.8 The products remain the property of the Site Manager until full payment of the price (reservation of ownership clause, in accordance with decision n°17-14986, BIC n°897 of March 1, 2019, of the Chamber of Commerce).

Article 9 : Right of Withdrawal

9.1 In accordance with the provisions of Article L 221-5 of the Consumer Code, the buyer theoretically has the right to withdraw within a period of fourteen (14) days from the date of receipt of their order. However, considering the nature of the products and services of the Site (online training and dematerialized goods, see Article 4), withdrawal does not apply to the products and services of the Site because the purchase contracts concern digital content that is not provided on a tangible medium when the contract is executed. This exception is described in European Union (EU) Directive 2019/2161 on consumers.

9.2 In accordance with European legislation, the Site Manager informs Clients of cases in which the legal right of withdrawal cannot be exercised, namely:

  • The provision of services or digital products produced according to the consumer’s specifications, or clearly personalized;
  • The provision of services or digital products which, after delivery and by their nature, are inseparably mixed with other items;
  • The provision of services or digital products in the form of sealed audio and/or video recordings, software, or online platforms that have been unsealed after digital/online delivery;
  • The provision of services or digital products without physical support, the execution of which begins after the prior formal agreement of a consumer and formal waiver of their right of withdrawal;
  • The provision of services or digital products whose use begins after the prior formal agreement of a consumer and formal waiver of their right of withdrawal once the contract is fulfilled by the Site Manager.

9.3 The Client can use the ODR platform to resolve disputes between consumers and companies under various legal forms.

9.4 The Client may resort to consumer defense law legislated by the law of the country in which they reside.

Article 10 : Responsibilities

10.1 The Site Manager ensures that the site is permanently online, occasionally allowing short breaks for technical maintenance or significant updates. If major failures are observed, the user or the client can contact the Site Manager at the following email address: myfrenchtime.school@gmail.com.

10.2 The Site Manager disclaims any user manipulation that would be contrary to the intended use of the Site as designed.

10.3 The Site Manager disclaims any user manipulation that would be contrary to French law or non-compliance with the behavioral charter (Article 11). However, the Site Manager undertakes to fulfill their role as a moderator and intervene in the banning or restriction of user accounts or client accounts that do not respect the behavioral charter (Article 11).

10.4 The Site Manager disclaims any service interruption that is beyond their control and related to external events (generalized internet network problems, ISP failure, power failure, hosting server failure). However, they undertake to take necessary action to restore the site online to the extent of their capabilities.

10.5 The performance of the seller’s obligations under these terms is suspended in the event of an unforeseen event or force majeure preventing their execution. The seller will notify the client of the occurrence of such an event as soon as possible.

10.6 If any provision of the purchase or sale contract were annulled, this nullity does not affect the validity of the other provisions which will remain in force between the parties. The nullity of a contractual clause does not affect the nullity of these general terms and conditions of sale.

10.7 The Site Manager may modify the price of any product or service at any time, undertaking to respect the rights acquired by the Client who has already concluded a contract.

10.8 The Site Manager may cancel and/or offer new promotions on the Site at any time, undertaking to respect the rights acquired by the Client who has already concluded a contract.

10.9 The Site Manager undertakes to inform Users of the site of changes to the terms of use and sale by email.

Article 11 : Behavioral Charter

11.1 In their use of the Site, Users and Clients are required to comply with this behavioral charter, the terms of use and sale, and more broadly French law.

12.2 The Site Manager reserves the right to terminate any contract that does not comply with the terms of use and sale, the behavioral charter, or French law. The client will not be entitled to any refund or replacement of the purchased service or product.

12.3 The following behaviors are prohibited:

  • Using the content available on the Site for purposes other than those intended on the Site.
  • Disclosing login information or private information of a user.
  • Harming another User in any way.
  • Harming the Site Manager in any way.
  • Using the Site on platforms or in marketing and commercial activities without expressly notifying the Site Manager.
  • Using the Site in a manner that circumvents or jeopardizes the copyrights and intellectual property of the Site Manager and others.
  • Using the forms available on the site to disseminate illicit, insulting, hate-inciting, xenophobic, pornographic, sexist, homophobic, transphobic, racist content or content inciting aggression or hatred.
  • Using the services or products in a manner to disseminate illicit, insulting, hate-inciting, xenophobic, pornographic, sexist, homophobic, transphobic, racist content or content inciting aggression or hatred.
  • Using the comment spaces to disseminate illicit, insulting, hate-inciting, xenophobic, pornographic, sexist, homophobic, transphobic, racist content or content inciting aggression or hatred.

Article 12 : Information to Users/Clients

12.1 The Site Manager informs users and clients that the use and editing of the site are governed by French law. All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to therein, are subject to French law.

12.2 For the purpose of informing consumers, the provisions of the Civil Code and the Consumer Code are reproduced below: 

  • Article 1641 of the Civil Code: The seller is liable for hidden defects in the item sold that make it unfit for the use for which it is intended, or that so diminish that use that the buyer would not have acquired it, or would only have given a lesser price for it, had they known about them. 
  • Article 1648 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within a period of two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of forfeiture, within one year from the date on which the seller can be discharged from the defects or apparent non-conformities. 
  • Article L. 217-4 of the Consumer Code: The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation if the latter was made under his responsibility by the contract or was carried out under his responsibility. 
  • Article L. 217-5 of the Consumer Code: The goods are in conformity with the contract if they are suitable for the customary use of similar goods and, if applicable:
    • if they correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; 
    • if they have the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer, or their representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement of the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller, and which the latter has accepted. 
  • Article L. 217-12 of the Consumer Code: The action resulting from a lack of conformity is subject to a limitation period of two years from the delivery of the goods.