General conditions of sale

HOWI LE FRANÇAIS

**General Terms and Conditions of Sale (hereinafter “GTC”)**

The present General Terms and Conditions of Sale (hereinafter the “GTC”) are offered by the company HOWI LE FRANÇAIS, a simplified joint-stock company with a capital of 1,000 euros, registered with the Paris Trade and Companies Register under number 829 042 092 RCS PARIS and whose registered office is located at 366 Ter, rue de Vaugirard in Paris (75015), (hereinafter “HOWI LE FRANÇAIS”).

HOWI LE FRANÇAIS’s main activity is to provide private French lessons and to offer any proofreading and correction assistance (notably spelling correction) to any individual who requests it through its online platform, accessible at the following URL address: [http://howi-le-francais.com](http://howi-le-francais.com) (hereinafter the “Platform”).

Each client acknowledges having been informed, in a readable and understandable manner, of these GTC and all necessary information for the execution of these, in accordance with articles L.111-1 to L.111-8 of the Consumer Code, prior to placing their order/reservation and before concluding any contract with HOWI LE FRANÇAIS.

1. **APPLICATION AND ENFORCEABILITY OF THE GTC**

1.1 These GTC apply to any reservation of private or group French lessons and/or request for proofreading assistance with notably spelling correction work with HOWI LE FRANÇAIS made by any client, an individual, acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, or liberal activity, and more particularly by students (hereinafter the “Client”), from <>.

1.2 They apply to any Client wishing to benefit from the above-mentioned services and govern the entire contractual relationship between HOWI LE FRANÇAIS and the Client.

1.3 The purpose of these GTC is to define the terms and conditions for reserving such private lessons and/or requesting proofreading and correction assistance, as well as to determine the respective rights and obligations of each party in the context of providing such services.

1.4 Unless otherwise agreed in writing by the parties, these GTC take precedence over all contrary clauses from previously drafted general terms and conditions and apply to the exclusion of any other agreement.

1.5 These GTC must be considered as an integral and essential part of the contract concluded between HOWI LE FRANÇAIS and each of its Clients.

1.6 These GTC are systematically notified to the Client during their reservation of private lessons or request for proofreading and/or correction assistance. Each Client must necessarily read and accept them in order to validate their reservation/order for services on the Platform. Consequently, reserving services on the Platform implies the full and unconditional acceptance of these GTC by the Client. This acceptance may notably consist of the Client checking the box corresponding to the acceptance phrase of these GTC, such as, for example, “I acknowledge having read and accepted all the general terms and conditions of sale published on the Platform.” Checking this box will be deemed to have the same value as a handwritten signature by the Client.

1.7 In case of modification and/or adaptation of these GTC by HOWI LE FRANÇAIS, only the version in force on the day of the Client’s reservation/order on the Platform will be validly applicable. The Client will be informed of any modifications made to these during their subsequent connection to the Platform.

1.8 The fact that HOWI LE FRANÇAIS does not invoke, at a given moment, any of the provisions of these GTC cannot be interpreted as a waiver to invoke them later.

1.9 HOWI LE FRANÇAIS invites each Client to read these GTC carefully, print them and/or save them on any durable medium, before proceeding with their reservation of private lessons or ordering any other service offered by HOWI LE FRANÇAIS on its Platform.
2. **DESCRIPTION OF THE PLATFORM AND SERVICES OFFERED**

– Through its Platform, available in both French and English, HOWI LE FRANÇAIS offers Clients two types of services aimed at helping and supporting student Clients in their studies, as follows (hereinafter the “Services”):
– Providing private French lessons, either online through Skype meetings or during in-person appointments;
– Proofreading services and/or spelling correction of documents prepared by the Client and sent to HOWI LE FRANÇAIS for this purpose.

2.2. A detailed list of such Services and their content is included on the Platform so that the Client can choose the Services they wish to benefit from, fully informed by the referenced information for each. In this regard, HOWI LE FRANÇAIS guarantees to provide accurate, clear, precise, and updated information about the Services.

2.3. Regarding the reservation of private French lessons, the Client also has the option to choose either hourly lessons or a 10-hour package payable in advance on the Platform.

3. **TERMS OF CONTRACT CONCLUSION**

3.1. All reservations for private lessons and/or orders for proofreading and correction services must be made through the Platform. Creating a client account is not necessary to order the Services.

3.2. To validate their order, the Client selects directly on the HOWI LE FRANÇAIS Platform the Service(s) they wish to obtain.

3.3. The Client must provide certain information about themselves to validate their reservation/order of Services.

3.4. All orders must be duly completed and contain the necessary information. The Client is responsible for the truthfulness, accuracy, and relevance of the data provided.

3.5. The Client may make changes, corrections, additions, or even cancel their order of Services until its validation.

3.6. Before validating their order of Services, the Client must read and accept these GTC in their entirety and without reservation.

3.7. If the Client validates their order, they must follow the on-screen instructions to finalize the process.

3.8. The Client is directed to the secure payment tool to enter their banking details in the reserved space and then validate the payment, according to the modalities described in Article 4 below.

3.9. The contract for the provision of the ordered Services is definitively concluded between HOWI LE FRANÇAIS and the Client as soon as the latter has received the reservation/order confirmation.

3.10. Any request related to an order of Services and/or the Services themselves must be addressed to HOWI LE FRANÇAIS by email at the following address: [howi.le.français@gmail.com](mailto:howi.le.français@gmail.com).

 

4. PRICE AND PAYMENT TERMS FOR SERVICES

4.1 Price of Services

4.1.1 Access to the Platform as well as the presentation of the Services offered by HOWI LE FRANÇAIS is free for the Client. Only the order of one or more Services will be subject to payment by the latter.

4.1.2. The details of the Services are listed on the Platform. Booking private lessons can be done hourly or as a package including 10 hours of lessons.

4.1.3. The prices of the Services are mentioned on the Platform in euros, all taxes included. The applicable prices are those valid on the day of the order of the Services on the Platform by the Client, with the exception of any custom requests made by the Client. Any modification of the prices related to the Services provided by HOWI LE FRANÇAIS will only be applied for an order of Services made after the said price modification has been published on the Platform.

4.1.4. The prices of the Services and any additional costs related to the order are clearly and understandably indicated on the booking/order summary. Before placing the order, the Client must confirm this summary.

4.2 Payment Terms

4.2.1 The prices will be billed based on the rates in effect at the time of the order. An invoice summarizing all the Services ordered by the Client as well as their respective cost will systematically be sent to the latter.

4.2.2 The Client will pay the total costs related to the reserved Service(s) directly on the Platform, and necessarily before any performance by HOWI LE FRANÇAIS, in accordance with the process provided for this purpose.

4.2.3 HOWI LE FRANÇAIS uses a third-party secure payment system <>.

4.2.4. The payment for the Service(s) by the Client is a necessary prerequisite for the validation of their order. Failure to pay on time will automatically result, without prior notice and by right, in the suspension or cancellation of the Client’s order, without prejudice to any other course of action.

5. RIGHT OF WITHDRAWAL

5.1. The Client has a period of fourteen (14) clear days from the conclusion of the contract to exercise their right of withdrawal from HOWI LE FRANÇAIS under the conditions specified by the Consumer Code, without having to justify any reason or pay any penalties.

5.2. It is expressly agreed between the parties that the Client may not, under any circumstances, avail themselves of their right of withdrawal once the Services ordered by the Client have already begun to be performed, at their request, before the end of the fourteen (14) day period. In this case, the Client is invited to check the box indicating that they expressly waive their right of withdrawal and therefore any possibility of invoking it later.

5.3. If they intend to exercise their right of withdrawal, the Client must inform HOWI LE FRANÇAIS of their decision to withdraw from the contract either:

• Via the form provided on the Platform and at the end of these terms, in Annex 1;

OR

• By presenting any other clear and unambiguous statement to this effect (for example, a letter sent by registered mail with acknowledgment of receipt, fax, or email).

5.4. In any event, the Client must indicate an unambiguous and clear intention to withdraw.

5.5. In the case of withdrawal made electronically, HOWI LE FRANÇAIS will send the Client, without delay, an acknowledgment of receipt on a durable medium, to the email address provided during their booking/order.

5.6. In the event of the Client exercising their right of withdrawal within fourteen (14) days following the date of conclusion of the contract, all sums paid by the Client will be refunded by HOWI LE FRANÇAIS within fourteen (14) days from the date on which they are informed of the Client’s decision to withdraw. The refund will be made to the Client’s bank account directly via the Platform by bank transfer or by any other means agreed upon between the parties.

6. OBLIGATIONS OF THE PARTIES

6.1.      Client’s Obligations

6.1.1.   The Client undertakes to cooperate in good faith and, in particular, to provide in a timely manner all the data and content necessary for the performance of the Services ordered through the Platform. In this regard, the Client acknowledges that they have provided HOWI LE FRANÇAIS with reliable and accurate data.

The Client remains solely responsible for the content and information communicated to HOWI LE FRANÇAIS for the provision of the Services.

6.1.2.   The Client guarantees that all the data and content (including, in particular, the content of the work that HOWI LE FRANÇAIS may be required to review and/or correct) transmitted to HOWI LE FRANÇAIS for the performance of the Services are free of rights or that they hold the exploitation rights and related authorizations. In this regard, the Client guarantees HOWI LE FRANÇAIS against any action that may be brought by a third party as a result of this data and content.

6.1.3.   The Client undertakes to:

• make a reservation/order of Services from HOWI LE FRANÇAIS for strictly and purely personal and lawful purposes;

• not engage in acts of any kind that would be contrary to the law or these GTC, or that would harm public order, the rights of HOWI LE FRANÇAIS, or third parties.

Failing this, HOWI LE FRANÇAIS reserves the right to suspend the provision of Services to the Client, either temporarily or permanently, without any compensation being granted to the Client and without prejudice to any other action HOWI LE FRANÇAIS may take to obtain damages if it suffers harm.

6.1.4.   The Client undertakes to respect the agreed time and place conditions with HOWI LE FRANÇAIS for the provision of the Services (including private lessons). In this regard, the Client undertakes to inform HOWI LE FRANÇAIS as soon as possible of any difficulty or delay that would prevent them from being available/present at the agreed time and place, whether the appointment is organized via Skype or in the physical presence of both parties. Any modification or cancellation cannot be made within twenty-four (24) hours before the start of the Service(s). In this regard, the Client is informed that the Services reserved and paid for from HOWI LE FRANÇAIS are valid for a period of twelve (12) months from the date of their effective payment.

6.1.5.   Any late cancellation or no-show by the Client at the agreed time and/or place with HOWI LE FRANÇAIS, without prior notice, will deprive the Client of any refund of the amounts already advanced during their reservation/order of Services. Furthermore, the Client may be liable for a fixed compensation to HOWI LE FRANÇAIS.

6.1.6.   In the event that a lesson is to be given by HOWI LE FRANÇAIS via Skype, the Client is informed of the technical uncertainties inherent to the Internet and the resulting access interruptions. Consequently, HOWI LE FRANÇAIS cannot be held responsible for any unavailability or slowdowns of the technical solution. The Client remains in any case responsible for their computer equipment and Internet connection, the costs of which remain their responsibility.

6.2.      Obligations of HOWI LE FRANÇAIS

6.2.1.   HOWI LE FRANÇAIS undertakes to provide all necessary care and diligence to deliver quality Services, in accordance with the presentation made on the Platform and what has been agreed between the parties, but also to make every effort to provide such Services and to regularly update the Platform’s content to provide the Client with accurate, clear, precise, and updated information regarding the Services it offers to its Clients.

6.2.2.   The Services ordered by the Client are carried out under the full responsibility of HOWI LE FRANÇAIS.

6.2.3.   HOWI LE FRANÇAIS ensures the proper functioning of its Internet connection, the costs of which are its responsibility, and the connection to its Skype account to comply with the terms of the contract concluded with the Client.

6.2.4.   HOWI LE FRANÇAIS undertakes to inform the Client of any delay on its part in arriving at the appointment location or any difficulty in connecting to Skype in the case of an electronic appointment, and to do so as soon as possible. In the event that HOWI LE FRANÇAIS is unable to provide the Service(s) ordered by the Client and is forced to cancel this/these Service(s), the Client will be entitled to schedule a new appointment at no cost.

7. LIABILITY

7.1       Each party assumes responsibility for the consequences resulting from its faults, errors, or omissions, causing direct damage to the other party.

7.2.      Client’s Liability

7.2.1.   The Client is solely responsible for the quality, accuracy, relevance, and correctness of the information/data they provide on the Platform for the purpose of their reservation/order of Services. HOWI LE FRANÇAIS’s liability cannot be engaged in this respect. The Client guarantees HOWI LE FRANÇAIS upon first request against any damage that would result from its being implicated by a third party for a violation of this guarantee.

7.2.2.   The Client is solely responsible, with respect to HOWI LE FRANÇAIS and, where applicable, third parties, for all damages, direct or indirect, of any kind, caused by information or any other publication communicated, transmitted, or disseminated in connection with these terms, as well as for any breach on their part of these contractual stipulations.

7.2.3.   The Client is also solely responsible for the choice of Services they have reserved/ordered through the Platform.

7.3.      Liability of HOWI LE FRANÇAIS

7.3.1.   HOWI LE FRANÇAIS implements all measures to ensure that the Client receives Services of quality under optimal conditions. It assumes full responsibility for the Services it offers to Clients through the Platform and will handle any potential claims related to these Services alone.

7.3.2.   However, HOWI LE FRANÇAIS cannot be held responsible for any inconveniences caused to the Client in the absence of any non-performance or improper application of all or part of the advice given to them in the context of the provision of the Services, which would be attributable either to the Client, or to the unforeseeable and insurmountable action of a third party unrelated to the contract, or to a force majeure event.

7.3.3.   HOWI LE FRANÇAIS is only required to repair direct material damage caused to the Client that results from faults attributable to HOWI LE FRANÇAIS. Under no circumstances can HOWI LE FRANÇAIS be required to compensate for damages suffered by third parties or members of the Client’s family.

7.3.4.   HOWI LE FRANÇAIS ensures the proper functioning of the Platform but cannot in any way guarantee that it will be free of anomalies or errors and that it will operate without interruption. Therefore, it cannot be held responsible for any type of damage resulting from the total or partial inability to use the Platform or its unavailability in whole or in part. Furthermore, HOWI LE FRANÇAIS cannot be held responsible for the malfunction, inability to access, or dysfunction of the Clients’ service provider’s services or those of the Internet network.

8. FORCE MAJEURE

8.1.      “Force majeure” is defined as any event beyond the control of one of the parties and which could not reasonably have been foreseen at the time of concluding these General Terms and Conditions. Such an event will be characterized as soon as the party, victim of such an event, is prevented from properly performing its contractual obligations despite the implementation of appropriate and adequate measures intended to limit its effects.

8.2.      Neither party shall be held liable to the other for non-performance or delays in the performance of an obligation arising from these General Terms and Conditions that are due to the other party as a result of the occurrence of a force majeure event, as recognized and defined by French jurisprudence.

8.3.      The force majeure event suspends the obligations arising from these General Terms and Conditions for the entire duration of its existence, and neither party may, during this period, validly invoke the existence of such a force majeure event within the meaning of Article 1218 of the French Civil Code to justify the termination of its contractual relationship with the other party. However, if the force majeure event lasts for more than thirty (30) consecutive days, it shall entitle either party to terminate these General Terms and Conditions as of right, eight (8) days after sending a registered letter with acknowledgment of receipt notifying this decision.

9. INTELLECTUAL PROPERTY

9.1.      The Platform, as well as the databases, texts, documents, information, images, photographs, graphics, logos, or any other data, remain the exclusive property of HOWI LE FRANÇAIS or, where applicable, of their respective holders from whom HOWI LE FRANÇAIS has obtained the necessary exploitation rights.

9.2.      HOWI LE FRANÇAIS also retains all intellectual property rights relating to the Platform and, more generally, to any support or document transmitted to the Client in the context of providing the Services ordered.

9.3.      The right to use the Platform granted by HOWI LE FRANÇAIS to the Client for the purpose of making a reservation/order for Services does not entail the transfer of any intellectual property rights to the Client.

9.4.      Consequently, any reproduction and/or representation, downloading, translation, adaptation, exploitation, distribution, dissemination, and/or communication, in any form, whether commercial or not, of all or part of any original work or data contained on the Platform is strictly prohibited. The Client is also prohibited from any action or act that may directly or indirectly infringe the intellectual property rights of HOWI LE FRANÇAIS.

9.5.      In the event of a manifest infringement of the intellectual property rights relating to the Platform, the Client is invited to report such an infringement to HOWI LE FRANÇAIS by email at the following address: howi.le.francais@gmail.com.

10. PERSONAL DATA

10.1. The Client is informed that their booking of private lessons and/or order for any other Service on the Platform involves the collection and automated processing of personal data concerning them by HOWI LE FRANÇAIS. The use of this data is subject to the provisions of French law n° 78-17 of January 6, 1978, related to Data Processing, Data Files, and Individual Liberties, as amended by law n° 2016-1321 of October 7, 2016.

10.2. The Client is informed that the information requested is mandatory and necessary to validate their reservation/order of Services and to process it. In this regard, no sensitive information or data concerning the Client is required for the execution of the present terms.

10.3. The data is retained solely by HOWI LE FRANÇAIS and is used exclusively to process the Client’s reservations/orders and to ensure the provision of the requested Services. None of this personal data concerning the Client will be shared with third parties, except for members of HOWI LE FRANÇAIS staff/partners, but only to the extent necessary for the execution of the present terms and within the strictly necessary information limit.

10.4. This personal data is retained for the duration necessary to achieve the purposes for which it was collected and processed, with the understanding that its retention will not exceed the duration of the contractual relationship between HOWI LE FRANÇAIS and the Client.

10.5. With the Client’s express consent, HOWI LE FRANÇAIS may send them commercial information related to its company and services. However, the Client may object, for legitimate reasons, to the processing of their information, including for commercial prospecting purposes.

10.6. The Client has the right to access, oppose, rectify, and delete their personal data. This right can be exercised under the legal conditions in force by sending:

• Either an email to: howi.le.français@gmail.com;
• Or a letter to the following postal address: 366 Ter Rue de Vaugirard – 75015 PARIS.

10.7. HOWI LE FRANÇAIS commits to responding to any Client request regarding the processing of their personal data within one (1) month from the date of receipt of the request. In case of no response from HOWI LE FRANÇAIS, the Client may refer the matter to the National Commission for Informatics and Liberty (CNIL) or the competent courts under the Code of Civil Procedure.

10.8. The Client can set directives regarding the fate of their personal data after their death.

11. CONFIDENTIALITY

11.1. All information, specifications, and other data of any kind that one party provides to the other, whether in writing or verbally, in the course of performing the present terms, are strictly confidential and must be treated as such.

11.2. Consequently, such confidential information must not be disclosed under any circumstances, in any form or to any person, except if it has become public knowledge. By exception, confidential information regarding the Client and/or provided by them may be disclosed to the staff/partners of HOWI LE FRANÇAIS, but only to the extent strictly necessary for the performance of the present terms.

11.3. Upon simple request by either party and in the event of termination of these General Terms and Conditions (GTC), all written documentation must be returned promptly.

11.4. This prohibition is valid throughout the duration of the performance of the present terms and without any time limitation after their expiration.

12. TERMINATION OF THE PRESENT GTC

12.1. In the case of a Client commitment under a fixed-term contract, the Client may terminate their contract prematurely by notifying HOWI LE FRANÇAIS in writing, either by postal mail or electronically, as soon as possible. In such a situation, HOWI LE FRANÇAIS will immediately cease to provide the Services it had committed to the Client. However, in any case, the Client will remain liable for any remaining costs and expenses at the time of the termination of the contractual relationship with HOWI LE FRANÇAIS. In such a situation, the Client cannot receive any reimbursement of amounts paid for the Services ordered.

12.2. When the exchanged Services could only be useful through the full execution of the terminated contract, the parties must return everything they obtained from each other; the termination is considered a cancellation. When the exchanged Services have been useful during the reciprocal execution of the contract between the parties, there is no need for restitution for the period prior to the last service that did not receive its counterpart; in this case, the termination is considered a resignation.

13. LANGUAGE OF THE TERMS

13.1. These Terms and Conditions are written in French.

13.2. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute between the parties.

14. APPLICABLE LAW AND COMPETENT JURISDICTION

14.1. These Terms and Conditions are governed by and subject to French law.

14.2. In the event of a dispute arising between HOWI LE FRANÇAIS and the Client in connection with these Terms, only French courts shall have jurisdiction to interpret and/or enforce them.

14.3. According to Article L.612-1 of the French Consumer Code, it is reminded that “every consumer has the right to use a consumer mediator free of charge to achieve an amicable resolution of the dispute with a professional. For this purpose, the professional guarantees the consumer effective access to a consumer mediation system.”

14.4. In accordance with Ordinance No. 2015-1033 of August 20, 2015, and Decree No. 2015-1382 of October 30, 2015, any consumer dispute or litigation, subject to Article L.612-2 of the Consumer Code, may be resolved amicably through mediation with the CMAP – Centre de Médiation et d’Arbitrage de Paris.

14.5. To submit a dispute to the mediator, the Client may:

• (i) complete the form on the CMAP website: mediateur-conso.cmap.fr; or,
• (ii) send their request by regular or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS; or,
• (iii) send an email to consommation@cmap.fr.

14.6. Regardless of the method used to contact the CMAP, the Client’s request must include the following details to be processed promptly: their postal, email, and telephone contact details, as well as the full name and address of HOWI LE FRANÇAIS, a brief summary of the facts, and proof of prior steps taken with HOWI LE FRANÇAIS.

14.7. It is reminded that mediation is not mandatory but is only proposed to resolve disputes without resorting to legal action.

Appendix 1 – Client Withdrawal Form

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of HOWI LE FRANÇAIS [HOWI LE FRANÇAIS inserts its name, geographical address, and, if available, its fax number and email address]:

I/we () hereby notify you of my/our () withdrawal from the contract for the following Service(s) (*):

Ordered on () / received on ():

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only if this form is notified on paper):

Date: 

(*) Delete as applicable.