General terms and conditions of sale
Date of last update: 05/07/2024.
Article 1 - LEGAL NOTICE
This site, accessible at the URL www.bespokeacademiccounseling.com (the "Site"), is published by :
Bespoke Academic Counseling SAS (Société par Action Simplifiée) a company with a capital of 2000 euros, registered with the R.C.S. of Lille Metropole under the number 930 192 513, whose registered office is located at 25 rue Emile Vandamme, Saint-Andre - lez -Lille, France, represented by Uzan Estelle duly authorised,
(hereinafter referred to as the "Operator").
The Site is hosted by WIX, Wix Online Platform Limited located at 1 Grant's Row, Dublin 2 D02HX96, Ireland.
(telephone: https://support.wix.com/en/article/contacting-wix-customer-care-for-support
The Operator can be contacted on the following telephone number: 0675924756 or +393274767185 and at the following email address: bespokeacademiccounseling@gmail.com .
Article 2 - GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
The general terms and conditions of sale (the "General Terms and Conditions of Sale", or the "GTC") apply exclusively to the online sale of services offered by the Operator on the Website.
The GSC are made available to customers on the Website where they can be consulted directly and can also be communicated to them on request by any means.
The General Terms and Conditions are binding on the customer, who acknowledges having read and accepted them before placing an Order by ticking a box provided for this purpose on the contact form and/or by signing the registration form. Validation of the Order by its confirmation implies the purchaser's acceptance of the GCS in force on the date of the Order, which the Operator is responsible for keeping and reproducing.
The GTCS are also systematically attached to any Order confirmation sent to the Customer by the Operator. All Customers are therefore deemed to have read and accepted without reservation all the provisions of the GTC, which will apply to all services provided by the Operator. The GTC shall prevail over any clauses and conditions to the contrary that may appear in the general terms and conditions of purchase or any other document issued by the Customer. Any conditions to the contrary laid down by the Customer will therefore, in the absence of express acceptance by the Operator, be unenforceable against the latter. However, the Operator reserves the right to derogate from certain clauses of the GCS depending on the negotiations conducted with the Customer, by drawing up special conditions of sale (in particular by concluding a contract for the provision of services) which will be approved by the Customer.
Article 3 - DESCRIPTION OF SERVICES
The Site is a site for the online sale of services offering online teaching of English lessons with or without correction and online guidance and monitoring services (hereinafter referred to as the "Service(s)").
These "Service(s)" are offered by the "Operator" to the "Customer".
The Customer refers to the student and his/her legal guardians and/or parents.
Under no circumstances is registration authorised on behalf of a third party unless the third party is validly authorised to represent it (e.g. a legal entity). Registration is strictly personal to each Customer.
Under no circumstances shall the Operator be held responsible in the event of failure in examinations (tests, certifications or any other examinations) presented by the student or the non-admission of the student to the higher education establishments presented (School, University...) and no reimbursement of the Service chosen shall be made by the Operator.
The Services presented on the Site are each described in terms of their essential characteristics. The photographs illustrating the Services do not constitute a contractual document.
The Services comply with the provisions of current French law.
The Customer remains responsible for the terms and consequences of his access to the Site and Service(s) via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain at the Customer's expense.
In addition, the Customer must provide and be entirely responsible for the equipment required to connect to the Site and the various Service(s) offered.
The Customer acknowledges that he/she has checked that the computer configuration he/she uses is secure and in working order.
Article 4 - REGISTRATION PROCEDURES
The Customer may contact the Operator by filling in the contact form on the Site or by any other means (e-mail, telephone, etc.).
The Operator will contact the Customer in return and the Operator will decide, depending on the case, whether to send a registration pack with details of the services and the price corresponding to the Service chosen, as well as the payment terms and conditions.
Article 5 - Orders
Orders are placed by sending a signed registration form by e-mail or post.
The Customer undertakes to read the General Terms and Conditions in force at the time before accepting them and confirming the terms of payment for their Order.
Confirmation of the Order implies acceptance of the General Terms and Conditions and forms the contract.
It constitutes the Customer's irrevocable and unreserved acceptance of the Order.
Signing the enrolment form constitutes firm and final enrolment.
Validation of the Order by signing the enrolment form implies full payment, where applicable.
The service will commence on signature of the enrolment form, subject to full payment. The Customer will then receive details of the organisation of the chosen Service.
When registering for the Service(s), the Customer undertakes to :
- to provide real, accurate and up-to-date information at the time it is entered in the Service(s) contact form, and in particular not to use false names or addresses, or unauthorised names or addresses.
- to keep the registration data up to date in order to guarantee that it is real, accurate and up to date at all times.
The Customer also undertakes not to make available or distribute illegal or reprehensible information (such as defamatory information or information constituting identity theft) or harmful information (such as viruses). If this is not the case, the Operator may suspend or terminate the Customer's access to the Site at its sole discretion.
Communications, registration files and invoices are archived by the Operator on a reliable and durable medium so as to constitute a true and durable copy. These communications, registration files and invoices may be produced as proof of the contract. In the absence of proof to the contrary, the data recorded by the Operator on the Internet or by telephone constitute proof of all transactions between the Operator and its Customers.
A copy of these General Terms and Conditions as accepted by the Customer will be sent to the Customer by e-mail at the time of confirmation of the Order so that the Customer may refer to them.
The contractual information relating to the Order (including in particular the Order number, details of the service provided, the price, the terms of payment, etc. ) will be summarised in the registration pack.
The Operator strongly advises the Customer to print and/or archive this file on a reliable and durable medium as proof.
Any email sent to the Customer as part of an Order will be sent to the email address that the Customer provided when registering.
The Operator reserves the right not to validate the Customer's Order for any legitimate reason, in particular if:
● The Customer fails to comply with the General Terms and Conditions in force at the time of placing the Order
● The Customer's Order history shows that there are outstanding sums from previous Orders ;
● One of the Customer's previous Orders is the subject of a dispute that is currently being processed;
● The Customer has not replied to an Order confirmation request sent to him by the Operator.
The Operator archives contracts for the sale of Services in accordance with applicable legislation. By sending a request to the following address bespokeacademiccounseling@gmail.com , the Operator will provide the Customer with a copy of the contract which is the subject of the request.
Any modification of the Order by the Customer after confirmation of his Order is subject to the agreement of the Operator.
The information provided by the Customer when placing the Order is binding. Accordingly, the Operator shall in no way be held liable in the event that an error in placing the Order prevents it from being carried out.
The Customer declares that he/she has full legal capacity to enter into commitments under these General Terms and Conditions.
In the event of a breach by the Customer of any of the provisions hereof, the Operator reserves the right to terminate the Customer's Order without notice.
Article 6 - PAYMENT TERMS AND SECURITY
The Customer expressly acknowledges that any Order made by signing the enrolment form is an Order with a payment obligation, which requires the payment of a price in exchange for the provision of the Service Ordered, whether or not the student attends the chosen Service.
The Customer is hereby informed that the Service may not be made available until the Operator has received full payment of the sums owed by the Customer.
In certain cases and under certain conditions, payment may be made in instalments on the proposal of the Operator.
In the event of payment by instalments, failure to pay will result in the termination of the instalment plan granted to the Customer.
The terms of payment will be specified on the registration form.
In the event of a payment incident (single or by instalments), the Operator reserves the right:
to immediately recover all outstanding sums by all legal means in force,
suspend the Order Service.
Orders may be paid for using :
● Payment by bank transfer. Customers may pay for their Orders by bank transfer. When the Order is placed, the Operator shall provide the details of the account to which the transfer is to be made, as well as the Order reference to be indicated in the transfer order.
Where applicable, the Order validated by the Customer shall not be considered effective until the secure bank payment centre has given its approval of the transaction.
As part of its control procedures, the Operator may ask the Customer for any documents required to complete the Order. These documents will not be used for any other purpose.
Article 7 - PAYMENT OF THE PRICE
The price of the Services in force at the time of the Order is indicated in euros, inclusive of all taxes, on the Site and on the registration form.
The price is payable in euros (€) only.
The price is payable in full once the Order has been confirmed.
The prices quoted include any discounts and rebates that the Operator may grant.
The total amount due by the Customer and the details are shown on the registration form.
These prices do not include any additional costs, such as
costs required to access the service (telephone, connection, internet, etc.)
additional teaching supplies
where applicable, registration fees for tests, examinations or applications to schools or universities, payable to the establishments concerned.
Article 8 - RIGHT OF WITHDRAWAL
The Customer has a right of withdrawal of fourteen (14) calendar days from the date of conclusion of the contract, in accordance with articles L. 221-18 et seq. of the French Consumer Code.
In accordance with article L.221-21 of the French Consumer Code and in order to exercise this right of withdrawal under the conditions set out in articles L. 221-18 et seq. of the French Consumer Code, the Customer is invited to complete the standard withdrawal form by clicking on the link Cancellation form and to send it by email to: bespokeacademiccounseling@gmail.com.
The Customer may use the model withdrawal form but is not obliged to do so.
Where applicable, the Customer may exercise his right of withdrawal by notifying the following information to the Operator :
name, geographical address, telephone number and e-mail address ;
decision to withdraw by means of an unambiguous declaration by e-mail to: bespokeacademiccounseling@gmail.com.
The Operator will send an acknowledgement of receipt of the Customer's withdrawal request by email.
If the Customer wishes the performance of a service to begin before the end of the 14-day withdrawal period, the Customer must notify the Operator of his express request to waive his withdrawal period at the following email address: bespokeacademiccounseling@gmail.com
No sum shall be due by the Customer who has exercised his right of withdrawal if his express request has not been received or if the Operator has not complied with the obligation to provide information set out in article L. 221-5 of the French Consumer Code.
Article 9 - CUSTOMER SERVICE
The Customer may contact the Operator:
● on the following number 06 75 92 47 56 or +393274767185 on the following days and during the following opening hours from Monday to Friday between 9am and 6pm.
● by email to bespokeacademiccounseling@gmail.com, stating the Customer's name, telephone number, the subject of the request and the number of the Order concerned.
Article 10 - INTELLECTUAL PROPERTY AND USER LICENCE
The Operator is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, images whether animated or not, photographs, videos, logos, designs, models, software, brands, visual identity, databases, the structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the "Elements") which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Elements of the Site may in whole or in part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or against payment, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the express prior written authorisation of the Operator on a case-by-case basis, and the Customer shall be solely liable for any unauthorised use and/or exploitation.
ARTICLE 11 - LIABILITY AND WARRANTY
The Operator may not be held responsible for the non-performance of the contract due to the fault of the Customer or due to an event qualified as force majeure by the competent courts or due to the unforeseeable and insurmountable fault of any third party to the present contract.
The Customer acknowledges that the characteristics and constraints of the Internet make it impossible to guarantee the security, availability and integrity of data transmissions over the Internet. Therefore, the Operator does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change the content and/or presentation.
The Operator may not be held responsible for any use made of the Site and its services by Customers in breach of these General Terms and Conditions and for any direct or indirect damage that such use may cause to a Customer or to a third party. In particular, the Operator may not be held responsible for false declarations made by a Customer or for his behaviour towards third parties. In the event that the Operator's liability is sought as a result of such behaviour on the part of one of its Customers, the latter undertakes to indemnify the Operator against any sentence pronounced against it and to reimburse the Operator for all costs, in particular lawyers' fees, incurred in its defence.
ARTICLE 12 - PERSONAL DATA
For more information about the use of personal data by the Operator, please read the Privacy Policy (the "Policy") carefully. You may consult this Charter on the Site at any time.
Article 13 - HYPERTEXT LINKS
The hypertext links available on the Site may lead to third-party sites not published by the Operator. They are provided solely for the Customer's convenience, in order to facilitate use of the resources available on the Internet. If the Customer uses these links, he will be leaving the Site and agreeing to use the third-party sites at his own risk or, where applicable, in accordance with the conditions governing them.
The Customer acknowledges that the Operator does not control or contribute in any way to the drafting of the conditions of use and/or the content applying to or appearing on these third party sites.
Consequently, the Operator cannot be held responsible in any way whatsoever for these hypertext links.
In addition, the Customer acknowledges that the Operator does not endorse, guarantee or take over all or part of the conditions of use and/or content of these third party sites.
The Site may also contain promotional hypertext links and/or advertising banners referring to third party sites not published by the Operator.
The Operator invites the Customer to inform it of any hypertext link present on the Site which would allow access to a third party site offering content contrary to the law and/or morality.
The Customer may not use and/or insert a hypertext link pointing to the Site without the prior written agreement of the Operator on a case-by-case basis.
Article 14 - REFERENCES
The Customer authorises the Operator to mention the Customer's name and logo as a reference in its communication media (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc.).
ARTICLE 15 - GENERAL PROVISIONS ENTIRE AGREEMENT OF THE PARTIES
These General Terms and Conditions constitute a contract governing the relationship between the Customer and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their subject matter. If one or more stipulations of these General Terms and Conditions are declared null and void in application of a law, regulation or following a final decision by a competent court, the other stipulations shall retain all their force and scope. Furthermore, the fact that one of the parties to these General Terms and Conditions does not take advantage of a breach by the other party of any of the provisions of these General Terms and Conditions shall not be interpreted as a waiver on its part to take advantage of such a breach in the future.
MODIFICATIONS TO THE CONDITIONS
The Operator reserves the right to modify at any time and without notice the content of the Site or the Services available therein, and/or to cease temporarily or permanently to operate all or part of the Site.
In addition, the Operator reserves the right to modify the location of the Site on the Internet, as well as these General Terms and Conditions, at any time and without prior notice. The Customer must therefore refer to these General Terms and Conditions before using the Site.
IN THE EVENT OF MATERIAL MODIFICATIONS AND IN THE EVENT OF ONGOING SERVICES, THE USER WILL BE INFORMED BY MEANS OF AN EMAIL AND A NOTICE ON THE SITE BEFORE THE MODIFICATION IS IMPLEMENTED.
The Customer acknowledges that the Operator may not be held liable in any way whatsoever to the Customer or to any third party as a result of these modifications, suspensions or cessations.
The Operator advises the Customer to save and/or print out these General Terms and Conditions for safe and durable storage, so that they can be invoked at any time during the performance of the contract if necessary.
COMPLAINTS - MEDIATION
In the event of a dispute, you must first contact Bespoke Academic Counseling at the following address: bespokeacademiccounseling@gmail.com
Bespoke Academic Counseling
25 rue Emile Vandamme, 59350 Saint-Andre-lez-Lille, France
The parties will seek an amicable solution to the dispute.
If the Customer's request for a complaint to the company is unsuccessful or if there is no response within ten (10) days, the Customer may submit the dispute relating to the Order form or these GCS between the Customer and the Operator to the following mediator:
The mediator will attempt, independently and impartially, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
APPLICABLE LAW
These General Terms and Conditions are governed, interpreted and applied in accordance with French law.
ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE CUSTOMER
The Customer acknowledges having carefully read these General Terms and Conditions.
By signing the registration form, the Customer confirms that he/she has read the General Terms and Conditions and accepts them, thereby becoming contractually bound by the terms of these General Terms and Conditions.
The General Terms and Conditions applicable to the Customer are those available on the date of the Order, a copy of which dated to that date may be given to the Customer on request. It is therefore specified that any modification of the General Terms and Conditions made by the Operator will not apply to any Order made previously, unless expressly agreed by the Customer at the origin of a given Order.