General Terms of Sale

Updated May, 1st 2011
  1. DEFINITION
  2. INTRODUCTION
  3. PLACING AN ORDER
  4. PRICES
  5. AVAILABILITY
  6. PAYMENTS
  7. BOOKING LESSONS
  8. CANCELLATION OF LESSON
  9. CHANGE OF TEACHER
  10. TERM OF VALIDITY
  11. CHANGE OF PACKAGE
  12. LOGISTICAL AND TECHNICAL RESPONSIBILITY
  13. RIGHT OF CANCELLATION
  14. PROOF OF ORDER/ ARCHIVE
  15. LITIGATION AND LIABILITY
  16. PROTECTION DES DONNEES A CARACTERE PERSONNEL

1- DEFINITION

Besides the definitions contained in the Terms of Use, for the purposes hereof, the following terms are defined as follows:
Pack: A package consists of a number of lessons with teachers selected through a general or specifically-targeted language training (according to its description). It may be accompanied by content and related services.
Product: a product means all products and services other than packages that can be purchased on the site.
Beneficiary: The beneficiary can be a purchaser or a third party.
Professor: service provider, providing language courses by videoconference or by telephone.

2- INTRODUCTION

2.1 The general conditions of sale detailed below only apply to the contractual relationship between the customer of the Lingueo Site (hereinafter called a "Customer" or "you") and Supacast company, limited liability company with capital of 93,750 EUROS , whose headquarters are located at 29 bis, rue Monge - 75005 Paris and registered with the association of Trade and Companies of Paris under number 501 604 110; number of intra-community VAT FR 295 016 0411 0 (hereinafter "Lingueo "or" we ") editors and owners? Of the website: www.lingueo.com (hereinafter the" Site ").

These Terms and Conditions are only applicable between the Client and Supacast. They replace all other conditions, except for prior explicit written consent. Supacast may occasionally have to amend some provisions of the Terms of Sale, it is also necessary that they are reread before every order of products on the Site. These changes are effective after they are posted online and may not apply to previous orders.
Every order on the Site is governed by the Terms and Conditions applicable to the date of the respective order. We trust that by validating your order, you unreservedly accept our Terms of Sale after having read them. By accessing to the Site, you agree to the Terms of Sale and the Terms of Use of the www.lingueo.com site.

2.2 Supacast will identify and present each order placed with a third party vendor that partnered with it. The General Conditions of Sale applicable in this will be those available on the third-party’ record on their Site. You need to be aware of and formally accept in order to finalize your order with the Lingueo’s partner vendor. That without diminishing the liability to respect the terms of use and terms of sale of the www.lingueo.com site.

3- PLACING AN ORDER

To place your order, we offer you two ways:
- by Internet on the Site 24/24h and 7/7d
- by phone 01 40 34 21 30.

The procedure for ordering on the site includes the following stages:  
- Selecting one or more packages/products on the site;
- Following the selection, a summary listing will be displayed, of: the choices and the total price of selected packages/products, contact details, and your payment method. You will verify the details of your order and make any necessary changes before the final registration of your order;
- Your "first click" will register your order, provided you have accepted these Terms and Conditions;
- You will then be redirected to the payment step- finalizing your purchase by the “second click”. When paying by credit card, this "second click" corresponds to the moment of registration your information.

However, your purchase will be definitively concluded only after the approval of payment by your bank; When paying by voucher or credit, the purchase will be concluded definitively that the entrance to the check number and its valid activation code. As the final confirmation of your order (represented by your "second click" according to law 2004-575 of Confidence in the Digital Economy), we will send you an e-mail confirmation of your order summarizing the details relating to it. Printing and / or keeping this e-mail, will serve as a proof of your order.

4- PRICES

The prices indicated on the Site are in Euros and inclusive of all taxes. Their total amount is listed at the end of the ordering process, in addition to the price of selected products before the customer confirms their selection.
We reserve the right to change prices at any time but we are committed to applying the prices listed on the site at the time of your order.
We inform you that in case of displaying an incorrect price, obviously absurd, for whatever reason (computer bug, human error, technical error ...), the order-even if validated by us- will be canceled, and you will be informed you as soon as possible. You will be able, if you so wish, to re-order the product(s) at the correct price.

5- AVAILABILITY

Lingueo commits to fulfill your order within the limits of the availability of teachers.

6- PAYMENTS

6.1 Payment Methods proposed Lingueo offers several methods of payment:
1. Payment by Paypal
2. Lingueo Gift Certificate
3. Voucher

6.2 Security of Payments Consistent with our commitment to secure all payments, all online payments by credit card or credit are made via the security system "Secure Socket Layer" which allows the encryption of your banking information during transmission. We also inform you that Lingueo and its partner Payline verify the reliability of the information entered by you during the registration of an order. This is part of our commitment to the fight against online purchase fraud, thus protecting all consumers.

7- BOOKING LESSONS

Once the training package is purchased, the Beneficiary has a personal login and password for a 24/24 and 7 / 7 access to the site and all its tools: selection of teacher, messaging, calendar, document sharing, customer service ...

Lingueo may need to add or delete new features at any time.

According to the training purchased, the Beneficiary has a number of lesson hours set, and a selection of suitable teachers.

To take a lesson, the Recipient must use our online booking and make a request to a teacher. We recommend you make a request at least 48 hours in advance.

Once the request is approved, the hour is validated. The Recipient will go on the site at the scheduled hour and access to the classroom.

8- CANCELLATION OF LESSON

In case of impediment, the Beneficiary must cancel his/her booking with a notice period of no less than six (6) business hours before the scheduled time of the lesson. This cancellation will be made exclusively on the agenda, our Internet booking tool. No other form of cancellation will be accepted.

In the event of a last minute cancellation (less than the minimum notice period of six (6) working hours), the canceled class will be counted as lost. An email notification of the lost lesson will be sent to the Beneficiary.

9- CHANGE OF TEACHER

The Beneficiary may at any time change the selection made from the pool of teachers related to his or her pack.

10- TERM OF VALIDITY

The starting date of validity of a pack is marked by its respective purchase date.
The packs have a limited validity period, which is specified on the description page of every package purchased.

11- CHANGE OF PACKAGE

If the Beneficiary has not begun to use his/her package, he/she may request the change by phone (01.40.34.21.30) or by email, at contact@lingueo.com.
Supacast will then provide him/her a credit that he/she can use in buying a new package.

12- LOGISTICAL AND TECHNICAL RESPONSIBILITY

Supacast acts as a provider of services that require certain means, for which it cannot possibly substitute the responsibilities of the client. The lessons are carried with the use of Skype ®, the client will download it on his/her computer.
The customer is responsible to acquire computer equipment required for the proper utilization of the Lingueo site and Skype ® (broadband Internet connection, browser suitable sound card, speakers/ headphones and microphone).
During their lesson, customers may need to view sites or linked pages that are not controlled by Supacast. Supacast will not be held responsible for any direct or indirect material or emotional damages suffered by exposure to content outside of the Lingueo Site.

13- RIGHT OF CANCELLATION

Upon purchasing a package, under the terms of Article L.121-20 of the Consumer Code, you have a period of 7 (seven) days to exercise your right to cancel without having to give any justifications or to pay penalties.

If you decide to take a course before the end of the period of seven days, you cannot exercise your right of cancellation

The period mentioned above shall start from the moment you acceptance of the product(s).

Your request for cancellation must be sent by email to contact@lingueo.com or by registered letter with return receipt to the following address:
Customer Service Lingueo
17, rue Eugène Varlin
75010 PARIS

Any cancellation made in accordance with the requirements of this section will result in a refund of all payments made within thirty days of receipt of your e-mail or your mail, at the latest.

14- PROOF OF ORDER/ ARCHIVE

You are explicitly informed that in a case of difference in order details between your records and Lingueo’s records, the data stored in databases Lingueo has probative value, unless a proof of order is provided by you.

The data on computer or electronic regularly kept constitute admissible evidence and enforceable in the same terms and with the same value as any document that would be received and recorded in writing. You are explicitly advised that, absent manifest error that you provide evidence, data stored in databases Lingueo have probative value as to orders.

The data regularly stored on computer or other electronic device constitutes admissible evidence and is enforceable in the same terms and with the same value as any document that would be received and recorded in writing.

15- LITIGATION AND LIABILITY

This contract is subject to French law.

Lingueo cannot be held liable for breach of contract in case of: force majeure as defined by the courts; in case of Client’s fault; or the unpredictable and insurmountable difficulty of a third party.

16- PROTECTION DES DONNEES A CARACTERE PERSONNEL

By registering on theLingueo site (including opening an account or subscribing to services provided on the Lingueo Site), the user of the Site agrees to provide us with sincere and true information about him/her. Communicating false information is contrary to these terms of use. In accordance with the "Data Protection" Law No. 78-17, issued January 6th, 1978 the collection and processing of such information has been registered with the Commission Nationale Informatique et Libertés (CNIL ) under receipt number 1281803. Lingueo is the sole owner of your information.
You can at any time make a demand to Lingueo concerning: the regulation of which information about you will be held by Lingueo, objection to the use of that information, Editing or deleting that information by contacting customer service via email, at contact@lingueo.com.
If you did accept the use of personal data upon registering on the site, Lingueo and its business partners may send you information by email as part of occasional promotional campaigns. These partners have been especially selected by Lingueo based on the quality of their products and services.
You may demand to stop receiving these emails at any time by clicking the link provided for this purpose, which appears in the footer of each such email that will be addressed to you.
Upon visiting the Lingueo Site, cookies record certain information that is stored in the memory of your hard drive. We use this information to generate statistics of the Lingueo site's user-base, and suggest products that are related to the items you've selected during your previous visits. These cookies do not contain confidential information about you.