Terms of service
Terms of service
Last Reviewed: May 24, 2021
Conditions
(1) This website (the “edmond FLE”) and/or the services, including all the mobile applications connected to it (collectively the “courses”) and any offer or sale of activities (the “5-lesson packs”) and the booking of these proposed Services (the “Booking”) through the Site, are owned and operated by [edmond FLE] (hereinafter also referred to as “us”, “our” or “our”). These Terms and Conditions (the “Terms”) define the terms and conditions under which visitors or users (collectively, the “User” or “You”) may visit or use the Site and/or the Services and purchase Products.
(2) By accessing or using the Services, you acknowledge and agree to be bound by these Terms and Conditions. If you do not agree to all of the Terms, you must not access the Site or use any of the Services. Read these Terms carefully before accessing, using, or purchasing Products from, our Site or Services. In these Terms, you will find out who we are, how we sell our Products to you, how you can terminate the purchase agreement, and what you can do if there is a problem.
(3) You declare that you are of legal age and have the legal authority, right and authority to enter into a binding agreement based on these Terms, to use the Services and to purchase Products. If you are not of legal age, you may only use the Services or purchase Products with the consent of your parents or legal guardian.
(4) This site is published by [edmond FLE].
The publication director is [Edmond Auffret].
You can contact us:
• by telephone: [06 95 55 61 07] (local call price)
• E-mail: [edoprod@gmail.com]
• by mail: [29 rue de Guidel, 56270 Ploemeur]
This Site is hosted by Wix.com
These Terms are provided in French. In the event of any discrepancy between the French version of this document and any of its translations, the French version shall prevail.
To use our Site and/or benefit from our Services, you must be at least [add number] years of age, or have reached the legal age of majority in your country, and have the legal authority, right and authority to sign these Terms as a binding agreement. You are not permitted to use this Site and/or use our Services if prohibited in your country, or by any law or regulation applicable to you.
In addition, before placing and confirming an order, you must read and agree to these Terms.
You can download and print these Terms.
Description of Products
1. You must carefully read the Proposed Service Description before placing an order. The description of the Services and/or Products presents the essential characteristics of the Services and/or Products, in accordance with Article L. 111-1 of the French Consumer Code. These descriptions are designed to provide you with the most complete information possible on these features, without being exhaustive. The photographs, drawings and descriptions of the proposed Services are purely indicative and do not bind us.
1. Please refer to the information and instructions for use on the packaging, labels and/or accompanying documents. We cannot be held liable for any damage resulting from non-compliance with these instructions for use of the Proposed Services provided on our website.
Purchase of proposed services
1. Any purchase of Proposed Services is subject to the Terms applicable at the time of such purchase.
1. You may make Reservations to purchase the Proposed Services that we offer. Through our site or services, we allow you to make appointments to use our proposed Services. If you make an appointment for one of our Proposed Services, you agree to come to the designated location at the scheduled time and pay the posted price according to the agreed payment method. If you are unable to attend the scheduled appointment, you agree to cancel the appointment at least 24 hours before the original scheduled time. If you do not cancel a scheduled appointment, or if you only cancel it after 24 hours, the payments you have made will not be refunded.
1. We may request payment for a specific Proposed Service. When you make a payment for any of our services offered, you acknowledge that: (i) you are required to read the complete list and description of the Services offered before committing to book them; and (ii) you enter into a legally binding contract to book a proposed Service when you complete the booking process.
1. You can choose the Services offered and the available appointments that you intend to book and collect them in your shopping cart by making the appropriate selections (for example, the type of service offered, the quantity [if applicable], the date and time of the appointment) and by clicking on the corresponding button. The prices we charge are indicated on the Website or the Services. We reserve the right to change the prices of the Proposed Services displayed at any time (provided that only you are charged the agreed amount before any price change), and to correct price errors that may inadvertently occur, with effect for the future. Additional information on prices and value added tax (VAT) at the applicable rate and other applicable taxes, fees or fees are available on the Site during the booking process.
1. Before clicking on the “Booking Subject to Payment” button, all Services offered and appointments you have chosen, including the total price, will be displayed again in a booking summary. You can then identify and correct any input errors before definitively validating your booking. By clicking on the button «Booking subject to payment», you place a firm order to book the Services offered during the chosen appointment. However, the booking request can only be placed and transmitted if you have accepted these Terms by clicking on the check box provided for this purpose, and by including them in your booking request.
1. We will then send you an automatic confirmation of receipt of your booking request by e-mail, in which your booking will be summarized again and that you can print or save using the corresponding function. The automatic confirmation of receipt only documents receipt of your booking request and does not constitute acceptance of this order by us.
1. The legally binding agreement for the booking of the Services offered is concluded only when we send you an acceptance notice by e-mail. We reserve the right not to accept your reservation request. This does not apply in cases where we offer a payment method for your order and you have chosen it, if a payment process is launched immediately (for example, an electronic money transfer, or an instant bank transfer via Paypal, or any similar payment method). In this case, the legally binding agreement is reached when you complete the Booking process, as described above, by pressing the “Booking Subject to Payment” button.
1. Fees for the Proposed Services are due prior to the commencement of the provision of the Services. In the event that the deposit for the Proposed Services is to be paid offline, you hereby agree to make the full payment prior to the appointment. We reserve the right to refuse to provide a proposed Service at any time if payment is not made.
1. You can save your preferred payment method for future use. In this case, we will retain your payment credentials in accordance with the applicable industry standards (for example, PCI DSS). You will be able to identify your card thus stored by its last four digits.
Coupons, Gift Cards and Other Offers
We may from time to time offer coupons, gift cards or discounts and other offers (the “Offers”) regarding our Proposed Services. These Offers are only valid for the duration that may be indicated therein. The Offers may not be transferred, modified, sold, exchanged, reproduced or distributed without our express written permission.
Cancellation and Refund Policy
Appointments for the Services offered may occasionally be cancelled for reasons beyond our control, such as acts of nature. In this case, you will receive a refund.
Guarantee of the Proposed Services
1. Except as expressly provided in these Terms and to the fullest extent permitted by applicable law, we expressly disclaim any other warranties or conditions, whether made orally or in writing, including, but not limited to, concerning accuracy, timeliness, completeness, results, performance, absence of errors or interruption of performance, title, non infringement, quality, quality of information, peaceful enjoyment, the merchantability or fitness for a particular purpose (even if we have been informed of such use), as well as any express or implied representations, warranties or other conditions arising out of the course of the performance, the conduct of business or the use of trade.
Member Account
(1) To access and use certain sections and features of our Site, you must first register and create an account (“Member Account”). You must provide accurate and complete information when creating your Member Account.
(2) If a person other than you accesses your Member Account and/or one of your settings, they may perform all actions available to you, including making changes to your Member Account. Therefore, we strongly encourage you to keep your Member Account login credentials secure. All such activities may be considered to have taken place in your name and on your behalf, and you will be solely responsible for all activities taking place on your Member Account, whether you have specifically authorized them or not, and for all damages, expenses or losses that may result from these activities. You are responsible for the activities performed on your Member Account in the manner described if you allowed the use of your Member Account through negligence, by not taking reasonable care to protect your login credentials.
(3) You can create and access your Member Account through a dedicated web page or by using a third-party platform such as Facebook. If you register through a third-party platform account, you authorize us to access certain information about you, which is stored in your Social Network Account.
(4) We may temporarily or permanently terminate or suspend your access to your Member Account without incurring our liability to protect us, our Site and Services or other users, including if you violate any provision of these Terms or any applicable laws or regulations relating to your use of the Site or your Member Account. We may do so without notice to you if the circumstances require immediate action, in which case we will inform you as soon as reasonably possible. In addition, we reserve the right to terminate your Member Account without cause, by sending you two months notice by email, if we terminate our Member Account Program or for any other reason. You may stop using your Member Account and request its deletion at any time by contacting us.
Intellectual Property
(1) Our Services and related content (and any derivative works or enhancements thereof), including, but not limited to, all texts, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technologies, documentation, trademarks, service marks, trade names and trade dress and interactive features, and all intellectual property rights thereto, are our property or under our license (collectively, “Our Intellectual Property”), and nothing herein grants you any right in relation to Our Intellectual Property. Unless expressly stipulated herein or required by mandatory provisions of applicable law for the use of the Services, you will not acquire any right, title or interest in Our Intellectual Property. All rights not expressly granted in these Terms are expressly reserved.
(2) If the Proposed Service you have booked requires or implies the use of digital content such as music or videos, the rights indicated on the Site for this Booking will be granted to you.
Exclusion of warranty for use of the Site and the Services
The Services, Our Intellectual Property and all documents, information and content provided concerning them that are made available to any user free of charge are provided “as is” and “as available”, without any warranty of any kind, express or implied, including any warranty of fitness for a particular purpose and any warranty regarding the safety, reliability, speed, accuracy or performance of our services, except in the case of non-defacement of defects. We do not guarantee that our Free Services will be provided without interruption or error, or that they will meet your needs. Access to the Services and the Site may be suspended or limited due to repairs, maintenance or updates. The warranty of the Products you have purchased from us, as mentioned in the "Warranty of Services offered" section above, will not be affected.
Compensation
You agree to defend us and indemnify us against any claim, damage, cost, liability and actual or alleged expenditure (including, but not limited to, reasonable attorney’s fees) arising out of, or in connection with, your use of the Site and Services in violation of these Terms, including in particular any use that would violate the limitations and requirements set out in these Terms, unless such circumstances are not caused by your fault.
Limitation of liability
1. To the fullest extent permitted by applicable law, we disclaim any liability for any amount or type of loss or damage that may result to you or a third party (including any direct or indirect loss and any loss of income, profits, customers, data, contracts, as well as any loss or damage resulting from, or related to, a business interruption, loss of opportunities, loss of anticipated savings, waste of management or office time, even if foreseeable, in relation to (i) this Site and its content, (ii) use, inability to use or results of use of this Site, (iii) any website linked to this Site or documents on such linked websites.
1. We shall not be liable for any delay or breach of our obligations under these Terms if such delay or breach results from a cause beyond our control and/or from a case of force majeure within the meaning of Article 1216 of the Civil Code.
Modification of Conditions or Services; interruption
(1) We reserve the right to change these Terms whenever necessary in our sole discretion. You should therefore consult them regularly. If we change these Terms substantially, we will inform you that substantial changes have been made to them. Your continued use of the Site or our Service after such change will constitute your acceptance of the new Terms. If you do not agree to any of these Terms or any future version of the Terms, do not access or use the Site or Service.
1. We may change the Services, cease to provide the Services or any feature of the Services we offer, or create limits for the Services. We may terminate or suspend access to the Services permanently or temporarily for any reason, without liability. We will inform you sufficiently in advance if this is possible in the given circumstances and we will reasonably take your legitimate interests into account in such an action.
Links to third-party sites
The Services may include links that cause you to leave the Site. Unless otherwise stated, the linked sites are not under our control and we are not responsible for their content, nor for the links they contain, nor for their changes or updates. We are not responsible for transmissions received from linked sites. Links to third-party sites are provided for convenience only. If we add links to other websites this does not mean that we endorse their owners or their content.
Applicable Law
1. These Terms are governed by and construed in accordance with the laws of France with the exception of conflict of laws rules.
1. If you would like to draw our attention to a subject, complaint or question about our site, please contact us at edoprod@gmail.com
If, after contacting us, you feel that the problem has not been resolved, you will have the right to use the consumer mediation procedure in the event of a dispute, in accordance with articles L.611-1 et seq. of the French Consumer Code. To submit your application to the Consumer Ombudsman, complete the online dispute resolution form available at:
https://ec.europa.eu/consumers/odr/main/? event=main.home2.show
Miscellaneous
(1) No waiver of any default or default hereunder shall be deemed to be a waiver of any previous or subsequent default or default.
(2) The article titles used in these Terms are for convenience only and have no legal substance.
1. Unless otherwise specified, if any part of these Terms is found to be unlawful or unenforceable for any reason, it is agreed that this part of these Terms will be deleted, the other terms of these Terms will not be affected and will remain in effect.
1. By accepting the Terms, you agree not to dispute the probative value of the documents exchanged via the Site, on the basis of their electronic nature. Computerized records are considered evidence of communications, orders and payments between us.
1. Your acceptance of the Terms constitutes an evidentiary agreement within the meaning of Article 1368 of the Civil Code.
(4) You may not assign your agreement with us under these Terms, or your rights or obligations hereunder, in whole or in part, without our prior written consent.
(5) These Terms constitute the entire agreement and supersede all previous written or oral agreements between you and us regarding the Services and the sale of the Products.
(6) The provisions of these Terms, which by their nature must survive any action on our part, shall survive, including, but not limited to, the provisions relating to indemnities, waivers, disclaimers of liability, limitations of liability and this article “Miscellaneous”.
Contact us
To contact us, send an e-mail to:
Address:
Edmond Auffret
29 rue de Guidel
56270 Ploemeur