1. Preamble

These General Terms and Conditions of Sale are intended to define the terms and conditions under which Madame Noélie MANCON (hereinafter “Chocolatine French Academy”) provides French as a Foreign Language lessons delivered exclusively online via videoconference.

The services offered are intended for adults as well as children from seven years old. When the student is a minor, the contract is concluded by their legal representative, who declares and guarantees that they have the necessary authority to bind the minor and to accept these General Terms and Conditions of Sale on their behalf.

The applicable General Terms and Conditions of Sale are those in force on the date the Client places the order, as displayed on the website and accepted by the Client upon validation of the order. Any order implies full and unconditional acceptance of the General Terms and Conditions of Sale in force on the date of the order. Any order placed on the website constitutes full, complete, and unconditional acceptance of these General Terms and Conditions of Sale by the Client.

Chocolatine French Academy reserves the right to modify, at any time, all or part of these General Terms and Conditions of Sale, in particular to take into account changes in regulations, case law, website features, marketing methods for Products and/or Services, or its organization.

In the event of modification of the General Terms and Conditions of Sale, the updated version will be published on the website, indicating, where applicable, its effective date. Where the modification affects the performance conditions of an ongoing service, the Client will be informed by any appropriate written means (in particular by email) within a reasonable period prior to the entry into force of the new version. The Client may then terminate the contract in accordance with the provisions set out herein, or, failing that, within thirty (30) days from notification, without fees or penalties, for the unperformed portion, where termination is justified by the modification.

If the Client continues to use the Services and/or maintains their subscription after the effective date of the modified General Terms and Conditions of Sale, they shall be deemed to have accepted them.

2. Legal Notice

The service provider is Madame NOÉLIE MANCON, sole trader (entrepreneur individuel), whose registered office is located at 31 RUE LEBRUN, 33000 BORDEAUX, registered with the INSEE Directory of Enterprises and Establishments under number 885 388 702.

The activity carried out consists of providing French as a Foreign Language lessons remotely.

VAT is not applicable pursuant to Article 293B of the French General Tax Code.

The Client may contact the service provider by email at: chocolatinefrenchacademy@gmail.com

The website is hosted by Hostinger (HOSTINGER operations, UAB – Švitrigailos str. 34, Vilnius 03230 Lithuania – +37064503378 – domains@hostinger.com).

3. Purpose of the Contract

These General Terms and Conditions of Sale define the contractual conditions applicable to the provision of individual French as a Foreign Language lessons delivered online via videoconference, as part of lesson packages or free assessment sessions.

4. Digital Services

The services provided by Chocolatine French Academy constitute digital services within the meaning of Article L.224-25-1 of the French Consumer Code, consisting of the provision of educational content and services accessible online.

Chocolatine French Academy undertakes to provide a digital service that complies with the contract, in accordance with Articles L.224-25-12 to L.224-25-20 of the French Consumer Code.

The service is deemed compliant if it corresponds to the contractual description, is fit for the purposes normally expected of a digital service of the same type, and is provided with the quality and features stipulated in the contract.

In the event of lack of conformity of the digital service, the consumer Client benefits from the rights provided by the aforementioned legal provisions, under the conditions and within the time limits provided by law, without prejudice to the application of other provisions of the Consumer Code.

5. Target Audience and Access Conditions

The services are offered to adults, teenagers from twelve years old, particularly in preparation for examinations, as well as children aged seven to eighteen.

Each session is strictly individual. Only one person is authorized to participate in the lesson and appear on screen during the session. Any collective use or participation by an undeclared third party is prohibited.

6. Registration, Order and Formation of the Contract

Registration for lessons is carried out exclusively through the Chocolatine French Academy website.

The contract is deemed concluded upon validation of the order by the Client and effective payment of the corresponding price.

Before validating any order, the Client acknowledges having read these General Terms and Conditions of Sale, the essential characteristics of the services, the applicable prices, the payment terms, as well as the cancellation, postponement and withdrawal conditions, and having accepted them.

7. Prices, Packages and Financial Conditions

Services are offered in the form of five-lesson packages, payable in full in advance. Prices are expressed in euros, all taxes included.

Each package is valid for six months from the date of purchase.

The packages offered, their duration and their applicable prices are those indicated on the website on the day of the order. In the event of contradiction between these General Terms and Conditions and the information available on the website, the latter shall prevail.

In accordance with the nature of successive performance services for a fixed term, unused sessions at the expiration of the package are non-refundable where non-performance is attributable to the Client, subject to mandatory provisions of the Consumer Code.

This clause does not prevent the exercise of the right of withdrawal under Articles L.221-18 et seq. of the Consumer Code, where applicable.

8. First Free Lesson

Chocolatine French Academy offers a first free thirty-minute lesson, with no commitment.

This session is solely intended to assess the student’s level and define their learning objectives. It does not include formal teaching content and does not constitute a full training service.

9. Payment Terms and Late Payment

For private Clients, payment is due in full before any service is provided.

For professional Clients, unless otherwise agreed, invoices are payable within a maximum period of sixty days from their date of issue, or forty-five days in the case of periodic invoicing.

In the event of late payment by a professional Client, late payment penalties calculated on the applicable legal interest rate shall be due automatically, together with a fixed compensation of forty euros for recovery costs.

10. Course Procedures

Lessons are delivered exclusively via videoconference.

Activation of the student’s camera is mandatory to ensure the pedagogical quality of the sessions.

Any delay of more than fifteen minutes by the student shall result in the session being considered fully due. A slight delay by the teacher, of up to five minutes, may occur due to consecutive lessons.

In the event of inappropriate behavior, failure to comply with pedagogical rules, or disruption of the proper conduct of the lesson, Chocolatine French Academy reserves the right to interrupt the session without entitlement to reimbursement.

11. Cancellation and Postponement of Sessions

Any request to cancel or postpone a session must be made at least twenty-four hours before the scheduled time.

After this deadline, the session shall be considered due and may neither be postponed nor refunded.

In the event of teacher unavailability or malfunction related to the videoconferencing system used by the teacher, a postponement or refund will be offered.

12. Right of Withdrawal

In accordance with Article L.221-18 of the Consumer Code, the consumer Client has fourteen days from the conclusion of the contract to exercise their right of withdrawal, without having to justify their decision or bear any costs other than those provided by law.

However, pursuant to Article L.221-28, 1° of the Consumer Code, the right of withdrawal cannot be exercised where performance of the services has begun before the end of the withdrawal period, following the Client’s express request and express waiver of this right.

By validating their order and requesting immediate performance before the expiry of the fourteen-day period, the Client expressly acknowledges:

• having requested the commencement of the services before the end of the legal withdrawal period;
• expressly waiving their right of withdrawal once the service has begun.

13. Equipment and Technical Requirements

The Client is solely responsible for providing suitable computer equipment, including in particular a computer or tablet, a camera, a microphone and a stable internet connection.

Chocolatine French Academy shall not be held liable for interruptions or malfunctions resulting from technical issues attributable to the Client.

14. Teaching Materials

Any teaching materials provided as part of the lessons are made available free of charge.

They remain the exclusive property of Chocolatine French Academy and may not be reproduced, distributed or used outside the strictly personal context of the lessons without prior written authorization.

15. Intellectual Property

All content, documents, materials, texts and teaching resources provided are protected by French intellectual property law.

Any reproduction, representation, modification or exploitation, in whole or in part, without prior written authorization is strictly prohibited.

16. Liability

Chocolatine French Academy shall not be held liable for damages resulting from improper use of the services, non-performance attributable to the Client, a third party, or a case of force majeure.

Where the service provider’s liability is engaged, it shall be limited to the total amount effectively paid by the Client for the service concerned, within the limits provided by law.

17. Personal Data

The personal data collected are strictly necessary for the performance of the services and the management of the contractual relationship.

The data controller is Chocolatine French Academy.

In accordance with Regulation (EU) 2016/679, the Client has the right of access, rectification, erasure, objection, restriction of processing and, where applicable, data portability.

These rights may be exercised by email at: chocolatinefrenchacademy@gmail.com

18. Consumer Mediation

In accordance with Articles L.612-1 et seq. of the Consumer Code, the consumer Client may refer free of charge to a consumer mediator for the amicable resolution of a dispute.

The designated mediator is the Centre de Médiation et d’Arbitrage de Paris (CMAP), 39 avenue Franklin D. Roosevelt, 75008 Paris.

The Client may also use the European online dispute resolution platform.

19. Liability and Force Majeure

Chocolatine French Academy shall not be held liable for non-performance or improper performance of the contract attributable to the Client, a third party, or a case of force majeure.

In any event, where Chocolatine French Academy’s liability is engaged towards a consumer Client, it shall be limited to direct and foreseeable damages, under the conditions provided by the Consumer Code, and shall not exceed the total amount effectively paid by the Client for the service concerned.

Nothing in these Terms shall exclude or limit liability where such exclusion or limitation is prohibited by law.

Pursuant to Article 1218 of the French Civil Code, force majeure in contractual matters occurs when an event beyond the debtor’s control, which could not reasonably have been foreseen at the time of conclusion of the contract and whose effects cannot be avoided by appropriate measures, prevents the performance of their obligation.

Chocolatine French Academy shall not be held liable for non-performance or delay resulting from a case of force majeure within the meaning of Article 1218 of the Civil Code, including but not limited to network or internet access failures, strikes, natural disasters, administrative decisions, illness, or any other event beyond its control.

20. Termination

Chocolatine French Academy reserves the right to terminate the contract automatically in the event of serious or repeated breach by the Client of their contractual obligations or rules of conduct, after a warning that has remained without effect.

No refund may be claimed where termination is attributable to the Client.

21. Applicable Law and Jurisdiction

These General Terms and Conditions of Sale are governed by French law.

In the event of a dispute with a consumer Client, jurisdiction shall lie with the courts of the consumer’s place of residence.

In the event of a dispute with a professional Client, exclusive jurisdiction is granted to the courts of the registered office of Chocolatine French Academy.

22. Personal Data

Personal data collected in the performance of the contract are processed in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and the provisions of the Consumer Code relating to fair consumer information.

Such data are strictly necessary for managing registrations, performing services and invoicing.

The Client has the right of access, rectification, erasure, objection, restriction of processing and, where applicable, data portability, which may be exercised by contacting the service provider at the address indicated in these General Terms and Conditions of Sale.