Terms and Conditions of Sale

Clause 1: Purpose

The general terms and conditions of sale described below detail the rights and obligations of Frédéric Bernot and his client in the context of the provision of English or French language services. Any services provided by Frédéric Bernot therefore implies the buyer’s unreserved acceptance of these terms and conditions of sale.

Clause 2: Services

Frédéric Bernot sells English and French as a second language courses to individuals, professionals, associations or other organisations (individual or group courses, online or face-to-face) as well as specific language services. Frédéric Bernot frames his services with quotations but reserves the right to resort to contracts or agreements for clients other than private customers. Face-to-face courses can be given at the client’s premises (at home for individuals or on the premises of the organisation if it is an organisation), in the premises of one of Asset English’s partners, or at any other mutually agreed location.

Clause 3: Personal data protection

Frédéric Bernot is committed to complying with GDPR so as to protect the personal data his clients or prospects entrusted him with within the framework of his professional activity.

Clause 4: Languages used for contract and accounting documents

By default, contract and accounting documents are issued in French. If need be, an English translation of the same can be provided to the client.

Clause 5: Pre-contractual information

Before concluding a contract, Frédéric Bernot undertakes to collect the needs of his client. He also undertakes to inform the client of the essential characteristics of the service so that the client is in a position to appreciate the usefulness of the offer.

Clause 6: Prices

If the services are described in a quotation, the prices are those in force on the day the quotation is signed. If the services are governed by a contract or an agreement, their prices are those in force on the day of its signature or renewal. The prices are given in euros. Given Frédéric Bernot’s micro-entrepreneur status, VAT is not applicable as long as the VAT exemption threshold is not exceeded (Article 293B of the French General Tax Code). Once this threshold has been reached, prices are calculated inclusive or exclusive of tax, depending on whether the client is liable for VAT or not. A 20% surcharge is applied to the price of services provided in the evening after 5pm or at the weekend or on a public holiday. Travel expenses calculated on the basis of the government’s mileage scale and increased in order to cover the taxes of the micro-entreprise regime will be applied for any intervention beyond a radius of 10 km around the town of Solliès-Pont. Frédéric Bernot reserves the right to modify his prices at any time.

Clause 7: Quotations, discounts and rebates

Frédéric Bernot commits to providing free quotations, or contracts or agreements when applicable. For courses given to private customers, the minimum duration of a course is 10 hours, and a 10% discount is applied to the price of the service if the latter totals 20 hours of lessons or more. For professionals, Frédéric Bernot may grant discounts and rebates to make for specific costs born by the buyer.

Clause 8: Services delivery

Frédéric Bernot commits to respect the delivery times that are specified in the contract documents he signed with the client. In the event of non-delivery or partial delivery of the service, the sums due shall correspond to what has actually been delivered and Frédéric Bernot shall refund the customer accordingly if necessary.

Clause 9: Withdrawal periods

Unless they expressly renounce this right, every private customer is entitled to a 14-day withdrawal period from the moment they sign the contractual document. If they wish to exercise this right, the customer must inform Frédéric Bernot by e-mail as soon as possible.

Clause 10: Early payment discount

No discount will be granted for early payment.

Clause 11: Payment terms

Payment can be made via Paypal, by bank transfer, by cheque or even in cash (within the legal limit of 1000€). For private customers, payment must be made in full when ordering. For professional clients, a deposit corresponding to 30% of the amount of the service must be paid before it begins. Payment of the balance can be staggered over the course of the service, or made at the end, upon receipt of the invoice. An invoice will systematically be sent by email after each payment. Ref: Order of 15 July 2010 of the French Ministry of the Economy.

Clause 12: Late payment

This clause only applies to professional customers. In the event of non-payment of services, the buyer must pay Frédéric Bernot a late payment penalty equal to three times the French legal interest rate. The legal interest rate applied shall be that in force on the date the services were delivered. This penalty shall be calculated on the amount due, inclusive of tax, and shall run from the due date of the invoice without any prior notice being required (Ref.: article L441-10 of the French Commercial Code). In addition to the late payment penalties, any sum, including the deposit, not paid on the due date shall automatically give rise to the payment of a fixed penalty of 40 euros due for collection costs (Ref.: Articles L441-3 and L441-6 of the French Commercial Code, Information Note n°2013-26).

Clause 13: Resolutory clause

This clause only applies to professional customers. If 15 days after the implementation of clause 11 the buyer has not paid the outstanding amounts, the sale shall be cancelled and Frédéric Bernot may file a complaint for damages.

Clause 14: Force majeure

Frédéric Bernot or the client shall not be held liable if the non-performance or delay in the performance of any of its obligations described in these general terms and conditions of sale is due to force majeure. In this respect, force majeure is understood to mean any external, unforeseeable and irresistible event within the meaning of Article 1148 of the French Civil Code.

If the service is interrupted by either party as a result of duly recognised force majeure, the contractual document shall be terminated and only the services actually provided shall be due.

Clause 15: No-show and cancellation

Except in cases of force majeure as described in clause 14, the conditions below shall apply.

If a client misses a private lesson or any other service for which they are the sole beneficiary without giving at least 24 hours’ notice, the lesson will be charged at 50% of the normal rate by way of compensation.

If a client misses a group lesson or other group service, they will be charged as if it had been received as compensation, whether or not they gave prior notice.

Clause 16: Waiver of benefit

Except in cases of force majeure as described in clause 14, if the customer wishes to withdraw from the contract they have signed, they must inform Frédéric Bernot by telephone and give an email confirmation as soon as possible. Where the customer has a withdrawal period and this has not been exceeded, the cancellation will be free of charge. Otherwise, any renunciation by the customer will give rise to a compensation fee according to the following modalities:

• within a period of more than 1 month before the start of the service: 50% of the cost of the service is due;
• between 1 month and 2 weeks before the start of the service: 70% of the cost of the service is due;
• less than 2 weeks before the start of the service as well as when the service has already been initiated: 100% of the cost of the service is due.

Clause 17: Dispute

For private customers, if a dispute cannot be settled amicably, in accordance with Article L. 612-1 of the Consumer Code, within a period of one year from the date of his written complaint, the consumer, subject to Article L.152-2 of the Consumer Code, may submit a request for amicable resolution by mediation, to SAS Médiation Solution, 222 chemin de la bergerie, 01800 Saint Jean de Niost (website : https://www.sasmediationsolution-conso.fr, email : contact@sasmediationsolution-conso.fr).

For professional clients, conventional mediation may be considered.

As a last resort, any unresolved disputes shall be brought before the Court of Toulon, France.