TEACH'N GROW ONLINE SALES CONDITIONS

 

 

General Conditions of Online Sale 

 

These General Conditions of Sale are up to date on 19/10/2022

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Article 1. Definitions

 

These General Conditions of Sale (hereinafter "GTC") are offered by the company Teach'n Grow (hereinafter "The Company"), EURL  with a capital of 100 euros, registered in the Paris Trade and Companies Register under number 920286424, represented by Haya Donachie, and whose registered office is at 149 avenue du Maine 75014 Paris France. 

 

His non-surcharged telephone number is 01 02 03 04 05, and his email address is contact@teachngo.com.

 

The Company is the owner and publisher of the teachngrow.com website (hereinafter “the Site”). The Site is hosted by Wix Online Platform Limited, domiciled at  Grant's Row, Dublin 2 D02HX96, Ireland.

 

The Site offers the Customer (hereinafter “the Customer”) the possibility of online tutoring courses and personalized coaching  (hereinafter the “Services”).   

 

Before any use of the Site, the Customer must ensure that he has the technical and IT resources allowing him to use the Site and to order the Services on the Site, and that his browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his hardware/equipment is in good condition and does not contain any viruses.

 

Article 2. Application and enforceability of the terms and conditions

 

The purpose of these T&Cs is to define all the conditions under which the Company markets the Services as offered for sale on the Site to Customers. They therefore apply to any Order (hereinafter “Order”) for Services placed on the Site by the Customer.

 

The Customer declares to have read and accepted these GCS before placing his Order.

 

The validation of the Order therefore implies acceptance of these GCS. These are regularly updated, the applicable T&Cs are those in force on the Site on the date the Order is placed. 

 

Any contrary condition set by the Customer would therefore, in the absence of express acceptance, be unenforceable against the Company regardless of when it may have been brought to its attention.

 

The fact that the Company does not avail itself at any given time of any provision of these T&Cs cannot be interpreted as a waiver to subsequently avail itself of any provision of the said T&Cs.

 

Article 3. Ordering Services on the site 

 

The Company reserves the right to correct the content of the Site at any time.

 

 

The Customer selects the Service(s) he wishes to purchase, and can access the summary of his Order at any time.

 

The summary of the Order presents the list of the Service(s) that the Customer has selected, and includes any additional costs such as the delivery price which is added to the price of the Service(s) of the Order. The Customer has the option of modifying his Order and correcting any errors before accepting his Order.

 

After having accessed the summary of his Order, the Customer confirms the acceptance of his Order by ticking the validation box of the GCS, then by clicking on the Order validation icon. The words "Order with obligation to pay" or a similar expression devoid of any ambiguity appears next to the validation icon of the Order to ensure that the Customer explicitly acknowledges his obligation to pay for the Order.

 

After acceptance of the GCS and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Customer and binds them irrevocably.

 

After the validation of his Order and in order to be able to proceed to the payment, the Customer enters the details to which he wishes to obtain receipt of the Services, and of invoicing if they are different. The delivery process is described in article 5 of these GCS.  

 

The Company then sends him an Order confirmation by email, containing the elements of the summary of his Order and the delivery and, where applicable, billing addresses provided.

 

After having validated his delivery details and, where applicable, billing, the Customer proceeds to the payment of his Order according to the methods specified below. 

 

Article 4. Price and terms of payment for the order

 

The prices are mentioned on the Site in the descriptions of the Services, in euros and excluding tax and all taxes included. 

 

The total amount is indicated in the summary of the Order, before the Customer accepts these GCS, validates his Order, informs and validates his delivery details and, where applicable, billing and proceeds to payment. This total amount is indicated inclusive of all taxes.

 

The Order of Services on the Site is payable in euros. The full payment must be made on the day of the Order by the Customer, by bank card, bank transfer, except for special conditions of sale expressly accepted by the Customer and the Company.  

 

In the event of payment by credit card, the Site uses the stripe security system, a service provider specializing in online payment security. This system guarantees the Client the total confidentiality of his banking information. The bank transaction by credit card, carried out between the Customer and the secure system is therefore fully encrypted and protected. The Customer's bank details are not stored electronically by the Company. 

 

The Customer guarantees to the Company that he has the necessary authorizations to use the method of payment, when placing the Order.

 

The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any amount that would be owed by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.

 

Article 5. Use of services/delivery 

 

  The service(s) is (are) automatically delivered to the Customer from the validation of his Order.  

 

The Customer must ensure that the information provided when placing the Order is correct.  

 

The Company will also not be liable if the non-receipt of the Services is due to the fact of a third party outside its intervention or in the event of theft.  

 

Article 6. Customer service

 

For any request for information, clarification or for any complaint, the Customer must contact, as a priority, the Company's customer service, in order to allow the latter to try to find a solution to the problem.

 

The Company's customer service is available from 9 a.m. to 8 p.m. Monday to Friday using the following contact details:  

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• Email: contact@teachngo.com 

• Mail: 149 avenue du Maine 75014 Paris France 

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Article 7. Obligations of the customer

 

The Customer agrees to comply with the terms of these T&Cs.

 

The Client undertakes to use the Site and the services in accordance with the Company's instructions.

 

The Customer agrees that he only uses the Site for his personal use, in accordance with these T&Cs. In this regard, the Client agrees to refrain from:

 

• To use the Site in any illegal way, for any illegal purpose or in any way incompatible with these T&Cs;

• To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software enabling or comprising all or part of the Site;

• Attempt to gain unauthorized access to the Site's computer system or engage in any activity that disrupts, diminishes the quality or interferes with the performance or deteriorates the functionality of the Site;

• Use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and attempting to gain unauthorized access to the Site;

• Infringe the intellectual property rights of the Company 

• To disparage the Site  

 

If, for any reason, the Company considers that the Customer does not comply with these GCS, the Company may at any time, and at its sole discretion, remove its access to the Site and take all measures including any civil and criminal legal action to against him.

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A complaint  provided with justifications may be filed by the learner  at contact@teachngrow.com if a tutor has not respected his contract, for example if he there is a lack of professional skills, lack of punctuality, disrespect for the learner.

  Thus Teach'n Grow can serve as a mediator between the tutor and the learner and thus check the quality and progress of the video lessons to remedy the situation that will have been described._cc781905-5cde-3194 -bb3b-136bad5cf58d_

 

The tutor and the learner accept that Teach'n Grow decides the amount of any request for reimbursement if there is one. Indeed, if Teach'n Grow considers that the learner's complaint is justified, the fees that may be claimed by the tutor will not be applied. Credit balances on the guardian's account will be deducted in this case. Any credit acquired subsequently (if there is not enough credit on the tutor's account) may be deducted and, where applicable, Teach'n Grow may demand reimbursement of the amount in cash.

 

Article 8.  Right of withdrawal 

 

In accordance with articles L.221-18 and following of the Consumer Code, the Customer has a period of 14 days from the validation of his Order on the Site to exercise his right of withdrawal from the Company, without having to give reasons or to pay a penalty. 

 

All Products/Services may be subject to withdrawal, except those excluded by Article L. 221-28 of the Consumer Code, reproduced below:  

 

The right of withdrawal cannot be exercised for contracts:

1° For the supply of services fully performed before the end of the withdrawal period and the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal;

2° Supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;

3° Supply of goods made to the consumer's specifications or clearly personalized;

4° Supply of goods likely to deteriorate or expire rapidly;

5° For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

6° Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;

7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;

8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;

9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

10° Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;

11° Concluded during a public auction;

12° Provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a given date or for a specific period;

13° Supply of digital content not provided on a material medium, the execution of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.

 

To exercise his right of withdrawal from the Order, the Customer must notify his decision to withdraw by means of the withdrawal form proposed in the appendix hereto or by means of an unambiguous declaration, without giving reasons. The Customer may communicate his decision to withdraw to the Company by any means, in particular by sending it by post to the Company at the following address: 149 avenue du Maine 75014 Paris France or by email to contact@teachngo.com._cc781905- 5cde-3194-bb3b-136bad5cf58d_

 

In the event of notification to the Company by the Customer of his decision to withdraw, whatever the means used, the Company will send him without delay an acknowledgment of receipt of the withdrawal on a durable medium (in particular by email)._cc781905-5cde- 3194-bb3b-136bad5cf58d_

 

In the event of withdrawal by the Customer, the reimbursement of the Service(s) which has or have been the subject of the right of withdrawal is made by the Company by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees in a different way. In any event, this refund will not incur any costs for the Customer. The refund is made as soon as possible, and no later than 14 days from the day the Company is informed of the Customer's decision to withdraw from his Order. In the event of use of the Services within the withdrawal period, the Customer is considered to have expressly waived his right of withdrawal.  

Article 9. Liability

 

The Company implements all the appropriate measures to ensure the Customer the supply, under optimal conditions, of one or more quality service(s). However, it cannot under any circumstances be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which would be attributable either to the Customer, or to the unforeseeable and insurmountable event of a third party unrelated to the contract, or to a case of force majeure. More generally, if the liability of the Company were to be engaged, it could in no case accept to compensate the Customer for consequential damages or whose existence and/or quantum would not be established by evidence._cc781905-5cde -3194-bb3b-136bad5cf58d_

 

The Company cannot be held responsible for damage caused by misuse of one of its services  or by non-compliance with precautions for use and hygiene, storage and safety conditions during the use of one of its Products/Services.

 

The Site may contain links to other sites not published or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.

 

The establishment of such links or the reference to any information, articles or services provided by a third party, cannot and should not be interpreted as an express or tacit endorsement, by the Company, of these sites and these elements nor of their contents.

 

The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, the service(s)  and other information disseminated on these websites.

 

It is expressly stipulated that the Company cannot under any circumstances be held responsible, in any way whatsoever, for the case where the computer equipment or the electronic mail of the Customers rejects, for example due to an anti-spam, the e-mails sent by the Company, and in particular, without this list being exhaustive, the copy of the payment receipt, the summary statement of the Order or the e-mail for tracking shipment.

 

The Customer is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.

Article 10. Security

 

The Customer undertakes not to compromise the security of the Site. To this end, he undertakes not to carry out any fraudulent access and/or maintenance in the Company's information system. The Client may not harm or hinder the Company's information system either. Failing this, the Company may take any measure against it and in particular incur criminal liability under Articles 323-1 and following of the Penal Code.

Article 11. Intellectual property and personal data

 

All the elements of this Site and the Site itself are protected by copyright, trademark law, designs and models and/or all other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved for the whole world.

 

The name and brand logos, designs and models, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the Company.

 

No title or right to any element or software will be obtained by downloading or copying elements from this Site. It is strictly forbidden for the Customer to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and the elements and software it contains, no more modify them or perform any work based on them, nor sell or participate in any sale in connection with this Site, the elements of this Site or any software relating thereto.

 

The Company grants the Client a non-exclusive license to use the Site. This license is strictly personal and may in no case be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.

 

Any use by the Client of the corporate names, trademarks and distinct signs belonging to the Company is strictly prohibited except with the express prior consent of the Company.

 

The Company understands that the protection of data and privacy is an issue for all Internet users visiting the Site. The Company undertakes, in accordance with the GDPR regulations, to respect your privacy and to protect your personal data, i.e. data likely to identify you directly or indirectly as a person._cc781905-5cde-3194-bb3b -136bad5cf58d_

 

As part of the order, the Company is intended to collect the Customer's personal data. The Company undertakes to protect the personal data of customers.

 

The files containing the personal data necessary for the order are in particular kept on the servers of the host of the Site. This provider ensures compliance with the requirements of the General Data Protection Regulation (GDPR). The Company does not communicate or trade customers' personal data.

 

At the stage of the order on the Site, the Customer expressly consents to the collection and processing of his personal data necessary to place the orders.

 

The personal data collected by the Company is intended to enable the fulfillment of the order. The various personal data will not be kept longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or tax obligations.

 

In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004 known as “Informatique et Libertés”, and the general data protection regulations (RGPD) , subject to proving your identity, any Customer, regardless of nationality, has the right to access, modify and delete their personal data. Each Customer is also entitled to request a limitation of the processing of his data and also has a right to data portability as well as a right to oppose the processing of personal data concerning him._cc781905 -5cde-3194-bb3b-136bad5cf58d_

 

For the purposes of applying this clause and, in particular, to ensure the confidentiality of Customer data, the Company has appointed, in accordance with the provisions of the General Data Protection Regulation (GDPR), a data protection officer. data protection, who can be contacted at the following address: contact@teachngo.com

 

In any case, any Customer has the right to make any complaint to the CNIL.

Article 12. Newsletter

 

By ticking the box provided for this purpose or by expressly agreeing to this, the Client accepts that the Company may send him, at a frequency and in a form determined by it, a newsletter (newsletter) which may contain information relating to its activity.

 

When the Customer ticks the box provided for this purpose in the registration process on the Site to place the Order, he agrees to receive commercial offers from the Company for Services similar to those ordered._cc781905-5cde-3194-bb3b- 136bad5cf58d_

 

Customers will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).

 

Article 13. List of opposition to telephone canvassing

 

The Customer has the possibility of registering free of charge on a list of opposition to BLOCTEL telephone canvassing (www.bloctel.gouv.fr) in order to no longer be canvassed by telephone by a professional with whom he has no contractual relationship in course, in accordance with the law n°2014-344 of March 17, 2014 relating to consumption.

Any consumer has the possibility of registering for free on this list on the sitehttps://conso.bloctel.fr/index.php/inscription.php.

 

Article 14. Applicable law and attribution of jurisdiction

 

These T&Cs are governed and interpreted in accordance with French law, without taking into account the principles of conflict of laws.

 

In the event of a dispute likely to arise on the occasion of the interpretation and/or execution of the present or in relation to the present GTC, the Customer may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative means of dispute resolution. 

 

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Company adheres to the Service of the e-commerce Mediator cnpm consumption mediation whose contact details are as follows: 27, avenue de la Liberation 42400 Saint-Chamond – https:/ /www.cnpm-mediation-consumption.eu/.

 

You can use the mediation service for consumer disputes related to an order placed on the internet. 

To find out how to refer to the Mediator: https://www.cnpm-mediation-consommation.eu/processus-de-saisie-du-mediateur-de-consommation.php

 

Finally, it is recalled that mediation is not compulsory but only offered in order to resolve disputes by avoiding recourse to justice.

 

The Customer can also go to the European consumer dispute resolution platform set up by the European Commission at the following address and listing all the dispute resolution bodies approved in France:https://webgate.ec.europa.eu/odr/.

 

In the event of failure of this mediation procedure or if the Client wishes to take legal action, the rules of the Code of Civil Procedure will apply.  

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Annex 1

WITHDRAWAL FORM

Company Atsmigan 

149 avenue du Maine 75014 Paris France

contact@teachngo.com

 

I hereby notify you of my withdrawal from the contract relating to the sale of the product(s)/service(s) mentioned below:

 

Ordered on:

Received on:

Order number: 

Customer Name: 

Customer address:

 

Date :

 

Customer signature: