Hello!
I am glad that you have decided to shop at my store.
Please read the following Terms and Conditions, which contain information about the sales rules that apply to you and me when using digital content or digital services.
Also, remember that in case of any comments, questions, or doubts, we are at your disposal at the e-mail address contact@linguaimpact.eu or by phone number +33 7 71 61 56 60 from Monday to
Friday from 10:00 to 16:00.
The following regulations apply to purchases from the 1st September 2023. If you want to see previous versions of the regulations, you can find active links to these versions at the very bottom of the document.
So much for the introduction; now it’s time for formalities. Our entire registration data as a seller: Lingua Impact Agnieszka Kujawska, 684 rue du Chevalleret Z.A. de Moru, 60700 Pontpoint, France.
§ 1 Definitions
For the purposes of the Regulations, the following terms shall have the following meanings:
- Update – an update that the Seller has undertaken to provide and which is necessary to maintain the compliance of the Digital Content with the Agreement;
- Price – the value expressed in monetary units that the Buyer is obliged to pay to the Seller for the Product;
- E-payment – payment of the Price for the Product using the digital representation of the value, in particular through electronic vouchers, e-vouchers, etc.;
- Buyer – a natural person, legal person or organizational unit equipped with legal capacity, in particular, a Consumer or Entrepreneur on Consumer Rights;
- Consumer – a natural person concluding an Agreement with the Seller not directly related to their business or professional activity;
- Products – Digital Content or Basic Services;
- Entrepreneur on consumer rights – a natural person concluding an Agreement with the Seller directly related to his business activity when the content of the Agreement shows that he does not have a professional character for this person, resulting in particular from the subject of his business activity;
- Pre-sale — the process of collecting orders by the Seller for Products that will be available for sale from a specific date and concluding Agreements before the planned date of launching the Products for sale;
- Terms and Conditions – the terms and conditions of the lingua-impact.eu Website;
- Website – a website operating at lingua-impact.eu and its extensions;
- Lingua Impact Agnieszka Kujawska, 684 rue du Chevalleret Z.A. de Moru, 60700 Pontpoint, France.
- Digital Content – data produced and delivered in digital form;
- User Content – content that was provided or created by the Consumer or Entrepreneur on Consumer Rights in the course of using the Digital Content;
- Agreement – an agreement concluded between the Seller and the Buyer, the subject of which is the provision of Digital Content or the provision of Basic Services or Electronic Services to the Buyer;
- Services – Electronic Services, Digital Services or Basic Services;
- Digital Services – services allowing the Buyer to:
- generating, processing, storing or accessing data in digital form;
- sharing data in digital format that has been sent or generated by the Buyer or other users of the Digital Service;
- other forms of interaction using digital data;
- Basic Services – all services the Seller provides as part of its core business related to organizing and conducting training, language courses, and translations. The Basic Services may constitute a type of Electronic Service, but they do not have to;
- Electronic Services — all electronic services provided by the Seller to the Buyer via the Website.
§ 2 Preliminary provisions
- The Seller sells Products and Services via the Website. The Buyer may purchase the Products and Services indicated on the Website or specified as part of the Pre-Sale.
- The Terms and Conditions define the terms and conditions of using the Website and the rights and obligations of the Seller and Buyers.
- To use the Website, mainly to place an order, it is not necessary to meet specific technical conditions by the Buyer’s computer hardware or software. The following are sufficient:
a) Internet access,
b) standard, up-to-date operating system,
c) a standard, up-to-date web browser with cookies enabled,
d) having an e-mail address.
- To use Digital Content, depending on its type, you may also need standard, publicly available software that allows you to view or play specific files such as Doc, PDF, MP4, mp3, MOV, AVI, etc. Suppose the use of Digital Content requires additional technical requirements to be met. In that case, such information is presented on the Website in a manner visible to the Buyer; and allows them to decide on purchasing digital content.
- The conclusion of the Agreement may not take place anonymously or under a pseudonym. The Buyer should indicate true and complete personal data in order to be able to conclude such an agreement.
- It is forbidden to provide illegal content when using the Website, in particular by sending such content via the forms available on the Website.
- Depending on the type of selected Products or Services, a specific type of Agreement is concluded between the Seller and the Buyer:
a) in the case of Digital Content, a contract for the provision of digital content is concluded;
b) in the case of Electronic Services, an agreement for the provision of electronic services is concluded;
c) in the case of Basic Services, a contract for the provision of services is concluded.
- If the subject of the order is various types of products after the Seller accepts the offer, in that case, several contracts are concluded, as referred to in paragraph 7, corresponding to the subject of the contract.
§ 3 Electronic Services related to the Website
- The Seller provides the Buyer with certain Electronic Services related to using the Website.
- The basic Electronic Service provided to the Buyer by the Seller is to enable the Buyer to place an order on the Website, which leads to the conclusion of the Agreement with the Seller. Placing an order is possible without needing an account on the Website.
- If the Buyer decides to create an account on the Website, the Seller also provides the Buyer with an Electronic Service consisting in creating and maintaining an account on the Website. The Buyer’s data and the history of orders placed by him on the Website are stored in the account. The Buyer logs into the Account using his/her e-mail address and password defined by him/her. The Buyer is obliged to secure access to his/her User Account against unauthorized access, and is also obliged not to share the login and password with any third parties.
- If the Buyer decides to subscribe to the newsletter, the Seller provides the Buyer with an Electronic Service consisting in sending the Buyer e-mails that contain information about the Seller’s news, promotions, products or services. Subscription to the newsletter takes place by filling in and sending the subscription form to the newsletter or by selecting the appropriate checkbox when placing an order. The Buyer may unsubscribe from the newsletter at any time by clicking on the unsubscribe button, which is included in each message sent as part of the newsletter. The Buyer may also send an e-mail to the Seller asking to unsubscribe from the newsletter database.
- Electronic Services are provided to the Buyer free of charge. However, Sales Agreements, Contracts for the provision of Digital Content and Contracts for the provision of Basic Services, which are concluded via the Website, are payable.
- In order to ensure the security of the Buyer and the transfer of data in connection with the use of the Website, the Seller takes technical and organizational measures appropriate to the degree of threat to the security of the Electronic Services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
- The Seller takes measures to ensure the entirely correct functioning of the Website. The Buyer should inform the Seller of any irregularities or interruptions in the Website’s functioning.
- Due to the fact that the Website is an ICT system managed by the Seller, the Seller may carry out technical and IT works that will aim at the development of the Website and the provision of Electronic Services at the highest possible level.
- As part of the development of the Website, the Seller may, in particular:
a) add new functions and change or remove existing functions within the Website;
b) introduce the Service to other types of devices, e.g. portable devices;
c) make available the application related to the Website.
§ 4 Placing an order
- The Buyer can place an order as a registered customer or as a guest.
- The registered customer is the Buyer who has an account on the Website.
- If the Buyer has an account on the Website, they should log in before placing an order. Logging in is also possible when placing an order.
- All descriptions of Products available on the Website do not constitute an offer but an invitation to conclude an Agreement.
- Placing an order is done by adding to the basket Products that interest the Buyer and then filling out the order form. In the ordering form, it is necessary to provide the data required to complete the order. When placing an order, the payment method for the order is selected. The condition for placing an order is the acceptance of the Regulations, which the Buyer should read in advance. In case of any doubts regarding the Regulations, the Buyer may contact the Seller.
- In the order form, the Buyer must provide accurate personal data. The Buyer is responsible for providing false personal data. The Seller reserves the right to suspend the execution of the order if the Buyer has provided inaccurate data or if these data raise reasonable doubts of the Seller regarding their correctness; the Buyer will be informed by e-mail about the Seller’s doubts. In such a situation, the Buyer has the right to explain all circumstances related to verifying the truthfulness of the provided data. In the absence of data allowing the Seller to contact the Buyer, the Seller will provide all explanations after the Buyer has made contact.
- The Buyer declares that all data he delivered in the order form are accurate. At the same time, the Seller is not obliged to verify their truthfulness and correctness, although he has such a right.
- The ordering process ends with clicking on the button finalizing the order. Clicking on the button completing the order constitutes an offer by the Buyer to purchase selected Products from the Seller under the conditions specified in the order form.
- After receiving the order, the Seller, at the latest within 7 (say: seven) days from the date of receipt of the order, may:
a) accept the offer submitted by the Buyer by accepting the order for execution — in this case, the Agreement is concluded upon delivery to the Buyer of a message confirming the acceptance of the order for execution,
b) may not accept the Buyer’s offer and cancel the placed order — in this case, the Agreement is not concluded, and the Buyer is refunded all payments, provided that the Buyer made them at the stage of placing the order.
§ 5 Pre-sales
- A Seller may or may not arrange a Pre-Sale concerning certain types of Products.
- The Products included in the Pre-Sale are clearly marked as Pre-Sale Products within the Service. On the Website of such Products, the Seller shall include information on the date from which the Products are most likely to be available and from which the Products are most likely to be handed over to the Buyers.
- To conclude Agreements as part of the Pre-Sale, the provisions of § 4 shall apply accordingly.
- The Seller reserves the right to change the date referred to in section 2, especially as a result of a delay in the delivery of the Product by third parties (e.g. manufacturers). The Seller shall inform the Buyers of any changes to the deadlines related to the Pre-sale by posting information on the Website and sending an e-mail to the address provided by the Buyer.
- In the event that the sale of the Products is not possible under the conditions provided for in the Pre-Sale (e.g. suppliers will not provide the right quantity or types of materials, there will be an increase in the price of materials, etc.), the Seller shall inform the Buyer about these circumstances.
- If the Buyer does not agree to an extension of the delivery date of the Product or a change in the conditions of sale of the Product, he may resign from purchasing the Product, and the Seller shall return to such Buyer any payments made as part of the Pre-Sale.
§ 6 Price and payment
- The available payment methods for the order are described on the Website and presented to the Buyer at the stage of placing the order.
- If the Buyer has selected online payment when placing the order, after clicking on the button finalizing the order, it will be redirected to the payment gateway operated by an external payment operator in order to make payment for the order. If the Buyer has chosen to pay by bank transfer, after clicking on the button finalizing the order, it will be redirected to the Website with the order confirmation and payment instructions. Payment for the order should be made within 3 days of placing the order. After the expiration of this period, the Seller may assume that the Buyer has resigned from the purchase of the Product and cancel the order placed.
- Electronic payments, including credit card payments, are handled by XXX.
- The Seller may provide the Buyers with the possibility of making an E-payment, e.g. by means of a discount code, voucher or other e-voucher. In this case, the Buyer will be able to pay the Price, in whole or in part, by E-payment, in accordance with the instructions available on the order form page. Providing the possibility of making an E-payment is not the Seller’s obligation.
- If the Buyer asks for an invoice, it is delivered to the Buyer electronically to the e-mail address provided in the order form.
- All Prices listed on the Website are gross prices.
- The Seller is entitled to grant the Buyers discounts, reductions or other preferences related to the Price of their choice, particularly as part of the organized promotional campaign. The details of promotional campaigns are specified in separate regulations of promotional campaigns. The Buyer is not entitled to claim discounts, reductions or other preferences that do not result from the promotional campaign.
- In each case of informing about the reduction of the Product Prices, the Seller, in addition to the information about the reduced-Price, also includes information about the lowest Product Price, which was in force 30 days before the introduction of the reduction. If a given Product is offered for sale in less than 30 days, in addition to the information about the reduced-Price, the Seller also includes information about the lowest Product Price that was in force from the date of offering this Product for sale to the date of introducing the discount.
§ 7 Execution of the Digital Content order
- The execution of the order regarding the Digital Content consists in handing over the ordered Digital Content to the Buyer.
- The Seller makes the Digital Content available to the Buyer not earlier than after a positive payment authorization or crediting the payment to its bank account. The Digital Content may be transferred to the Buyer immediately after the conclusion of the Agreement and payment of the order or within the time limits specified by the Seller, depending on the type of Digital Content it has purchased.
- The Buyer, depending on the choice of the Seller and the technical capabilities of the Website, may access the Digital Content by:
a) a link sent to the Buyer to the e-mail address indicated by the Buyer or
b) the user account to which the purchased Digital Content will be assigned, or
c) a dedicated page of the Website, where the purchased Digital Content is located.
- Information on whether the Digital Content may be downloaded by the Buyer on its own medium can be found in the description of the Digital Content or in the instructions provided to the Buyer.
- If a given Digital Content can be downloaded by the User, the Seller may enter a limit for downloads of a given Digital Content (e.g. a given Digital Content will be able to be downloaded only 1 time). In the event of the introduction of a download limit, the Seller clearly indicates to the Buyer how many times the Buyer may download a given Digital Content under the concluded Agreement.
- The Seller may impose time limits on access to a given Digital Content (e.g. access to a given Digital Content will be possible only for 3 months). In the event of introducing time restrictions, the Seller clearly indicates to the Buyer for how long the Buyer will have access to a given Digital Content under the concluded Agreement. If access to the Digital Content is defined by the Seller as lifelong access, and the Buyer obtains this access through the user account, if it is necessary to terminate the user account (e.g. due to technological changes, termination of activity by the Seller), the Buyer is provided with the opportunity to download the Digital Content on its own medium within a period specified by the Seller, not shorter than 14 days, calculated from the shipment to the address e-mail of the Buyer assigned to the user account information about the planned deletion of the user account and the possibility of downloading the Digital Content on its own medium.
- Digital Content shall be deemed to have been supplied when the Digital Content or a means by which the Digital Content can be accessed or downloaded has been made available to the Buyer or a physical or virtual device selected by the Buyer for that purpose, or when the Buyer or such device has accessed the Digital Content.
- The Seller delivers the Digital Content in the version in force on the date of delivery of the Digital Content and does not provide Updates after the date of delivery of the Digital Content — unless it is clearly indicated in the description of the Digital Content that the Digital Content also includes Updates to the Digital Content at a later date.
- Subject to fair use regulations, the Buyer may only use the Digital Content for its own needs. Under no circumstances shall the Buyer have the right to make available or sell the Digital Content or any of its elaborations under its own designation, to incorporate the Digital Content or parts thereof into its own products or services that it makes available or sells and other similar commercial activities using the Digital Content.
- If the Buyer wants to use the Digital Content in its business or professional activity, it is obliged to ask the Seller to grant a license for the Digital Content by sending a message to the Seller’s e-mail address. In order to conclude such an agreement, the Buyer should apply to the Seller with a proposal to conclude a license agreement, informing the Seller in particular about the purposes for which it intends to use the Digital Content and the assumed time of use. Upon receipt of such a proposal, the Seller shall present an offer in accordance with its own licensing policy.
- In the event that the Buyer gains access to the purchased Digital Content through the user account, it is forbidden to:
a) sharing a user account with other people or sharing access data to a user account with other people,
b) attempting to gain unauthorized access to Digital Content that has not been assigned to the user’s account as a result of their purchase,
c) undertaking activities that have a negative impact on the functioning of the ICT system within which the user account operates, in particular through various types of hacking techniques, malware, etc.
d) attempting to download Digital Content on its own medium, while the Seller does not provide such an opportunity,
e) using the user account to conduct marketing activities,
f) use the functions available within the user account in a way that violates the personal rights of others or harms good manners.
- The Seller is entitled to make changes to the Digital Content during the term of the Agreement, except for the Digital Content, which is delivered on a one-off basis. Changes in the scope of Digital Content that have been acquired by the Consumer or Entrepreneur on Consumer Rights may be made subject to the following requirements:
a) changes in the Digital Content may be made only for justified reasons, in particular such as removal of defects, adaptation of the Digital Content to the needs of Buyers, adaptation of the Digital Content to legal changes or decisions of courts and authorities;
b) changes in the Digital Content may not involve costs on the part of the Consumer or Entrepreneur on Consumer Rights;
c) The Seller shall inform the Consumer or Entrepreneur on Consumer Rights in a clear and understandable manner about the change being made;
d) if the change in the Digital Content materially and negatively affects the Buyer’s access to or use of the Digital Content, the Seller is obliged to inform the Consumer or Entrepreneur on Consumer Rights in advance, not less than 7 days, on a durable medium, about the properties and date of the change, as well as the rights related to these changes;
e) if a change in the Digital Content materially and negatively affects the Buyer’s access to or use of the Digital Content, the Consumer or Entrepreneur on Consumer Rights may terminate the Agreement without notice within 30 days from the date of the change in the Digital Content or inform about changes in the Digital Content, if the information took place later than this change. This right is not granted to the Buyer when the Seller provides the Consumer or Entrepreneur on Consumer Rights, at no additional cost, the right to keep the Digital Content in accordance with the Agreement unchanged.
- In the event of a breach by the Buyer of the rules regarding the use of the Digital Content, the Seller may block the Buyer’s access to the Digital Content. The buyer will receive a message explaining the reasons for the lockout. The Buyer may appeal against the lock within 14 days of receiving the message. The Seller shall consider the appeals within 14 days. Blocking access to the Digital Content does not constitute a breach of the Agreement by the Seller and cannot be the basis for the Buyer’s claims for breach of the Agreement.
- The Digital Content may or may not be accompanied by additional benefits, e.g. access to a support group related to the purchased Digital Content, an online meeting with the Seller or other persons, participation in additional webinars, etc. All such services are ancillary to the Seller’s main obligation to provide Digital Content in accordance with the Agreement and are carried out in accordance with the information available on the Website contained in the description of the Digital Content purchased. The Seller may provide for additional rules for the use of additional benefits aimed at ensuring comfort and a sense of security among all persons having access to specific benefits, e.g. rules for participation in a support group. Failure to comply with such rules may result in depriving the Buyer of the possibility of using additional services, which, however, does not affect the Seller’s fulfilment of its main obligation to provide Digital Content, does not constitute a breach of the Agreement by the Seller and cannot be the basis for Buyer’s claims for breach of the Agreement.
§ 8 Execution of the order for Basic Services
- The performance of the Basic Services consists in the fulfilment by the Seller of certain services constituting the subject of the Basic Service, as described on the Website.
- If the performance of the Basic Service requires the active participation of the Seller, the Parties are obliged to agree on the details related to the performance of these Services, in particular the manner of performance of the Basic Service, time and place of performance of the Basic Service, etc. The condition for the commencement of the provision of Basic Services is to reach an agreement between the Parties in this respect.
- If the commencement of the performance of the Basic Services requires prior obtaining from the Buyer certain data, information or other materials, the Buyer is obliged to provide them to the Seller no later than 7 days before the date of performance of the Basic Service, in a manner agreed with the Seller. In the event that the Buyer breaches this obligation, despite the Seller’s request, the Seller is entitled to refuse to perform the Basic Service. Such refusal does not constitute non-performance or improper performance of the Agreement by the Seller.
- If the Seller is unable to perform the Basic Service on the date previously agreed with the Buyer, he is obliged to inform the Buyer about it and propose a new date for the performance of the Basic Service. The Buyer may, within 5 days at the latest, either accept the new date or withdraw from the concluded Agreement and obtain a refund of the Price for the unfulfilled Basic Service.
- If the Buyer will not be able to use the Basic Service within the period previously agreed with the Seller, he is obliged to inform the Seller about it. The Seller may propose a new date for the performance of the Basic Service (if possible) or refuse to perform the Basic Service at another date (due to the inability to perform the Basic Service at another date).
- In the event that the person using the Basic Service is to be a person other than the Buyer (e.g. an employee or associate of the Buyer), the Buyer is obliged to send the data of this person to the Seller no later than 7 days before the date of providing the Basic Service. The change of the authorized person is possible no later than 3 days before the date of providing the Basic Service.
- The Basic Services should be provided no later than 45 days from the date of conclusion of the Agreement. If the Seller was ready to provide the Basic Services, while the Buyer did not use the Basic Services for reasons attributable to him (e.g. did not appear on the agreed date), the Seller is not obliged to refund the Price paid.
- The Seller is obliged to perform the Basic Service with due diligence.
§ 9 Withdrawal from the Consumer Agreement or Entrepreneur on Consumer Rights without giving a reason
- The Consumer or Entrepreneur on Consumer Rights has the right to withdraw from the Agreement that was concluded via the Website, without giving a reason, within 14 days from the date of conclusion of the Agreement.
- The right to withdraw from the Agreement shall not apply to the Agreement:
a) for the provision of services for which the Buyer is obliged to pay the price if the Seller has entirely performed the service with the express and prior consent of the Buyer, who was informed before service commencement that after Seller’s performance, the Buyer should lose the right to withdraw from the contract and Buyer has acknowledged such;
b) for the delivery of digital content not supplied on a tangible medium, for which the Buyer is obliged to pay the price, if the Seller began the performance with the express and prior consent of the Buyer, who was informed before the performance that after the performance Seller shall lose the right to withdraw from the contract, and accepted this, and the Seller provided the Buyer with a confirmation of the conclusion of a distance contract.
- To withdraw from the Agreement, the Consumer or Entrepreneur on Consumer Rights must inform the Seller of their decision to withdraw from the Agreement by an unequivocal statement – for example, by a letter sent by post or e-mail.
- The Consumer or Entrepreneur on Consumer Rights may use the model withdrawal form, available at lingua-impact.ru, but it is not mandatory.
- To meet the deadline for withdrawal from the contract, it is sufficient for the Customer to send information regarding the exercise of his/her right to withdraw from the contract before the deadline to withdraw from the Agreement.
- The refund is made using the same payment methods that were used in the original transaction, unless the Consumer or Entrepreneur on Consumer Rights has expressly agreed to a different solution. In any case, the Consumer or Entrepreneur on Consumer Rights shall not incur any fees for this return.
§ 10 Responsibility for the compliance of the Digital Content with the Agreement
- Warranty for defects in the Digital Content is excluded in the case of Contracts that are concluded by Buyers other than the Consumer or Entrepreneur on Consumer Rights.
- The relevant provisions on liability for the compliance of Digital Content with the Agreement, taking into account the provisions of the Regulations, shall apply to Agreements that are concluded by the Consumer or Entrepreneur on Consumer Rights.
- The Seller is responsible to the Consumer and Entrepreneur on Consumer Rights to comply with the Digital Content with the Agreement.
- For Digital Content:
a) delivered once or in parts — the Seller shall be liable for the non-compliance of the Digital Content with the Agreement, which existed at the time of its delivery and became apparent within two years from that moment;
b) continuously delivered — the Seller shall be liable for the lack of compliance of the Digital Content with the Agreement, which occurred or appeared at the time when, according to the Agreement, it was to be delivered.
5. If the Seller delivers the Digital Content continuously, the Digital Content should be compliant for the duration of its delivery in accordance with the Agreement.
§ 11 Bringing Digital Content into compliance with the Agreement
- If the Digital Content is inconsistent with the Agreement, the Consumer or Entrepreneur on Consumer Rights may request that the Digital Content be brought into compliance with the Agreement.
- If it is impossible or would require excessive costs for the Seller to bring the Digital Content into compliance with the Agreement, the Seller may refuse to bring the Digital Content into compliance with the Agreement.
- The Seller shall bring the Digital Content into compliance with the Agreement within a reasonable time, no longer than 21 days, from the moment when the Seller was informed by the Consumer or Entrepreneur on Consumer Rights about the non-compliance of the Digital Content with the Agreement, and without undue inconvenience to the Consumer or Entrepreneur on Consumer Rights, taking into account their nature and the purpose for which they are used.
- The costs of bringing the Digital Content into compliance with the Agreement shall be borne by the Seller.
§ 12 Reduction of the Price or withdrawal from the Agreement in the event of non-compliance of the Digital Content with the Agreement
- If the Digital Content is inconsistent with the Agreement, the Consumer or Entrepreneur on Consumer Rights may submit a statement on the reduction of the Price or withdrawal from the Agreement when:
a) The Seller refused to bring the Digital Content into compliance with the Agreement in accordance with § 9 section 2;
b) The Seller has failed to bring the Digital Content into compliance with the Agreement;
c) the lack of conformity of the Digital Content with the Agreement continues despite the fact that the Seller tried to bring the Digital Content into conformity with the Agreement;
d) the lack of compliance of the Digital Content with the Agreement is so significant that it justifies a reduction in the Price or withdrawal from the Agreement without prior use of the measures referred to in § 9 section 1 shall be reimbursed;
e) it is clear from the Seller’s statement or circumstances that it will not bring the Digital Content into compliance with the Agreement within a reasonable time or without undue inconvenience to the Consumer or Entrepreneur on Consumer Rights.
- The Reduced Price must be in such proportion to the Price resulting from the Agreement that the value of the Digital Content inconsistent with the Agreement remains up to the value of the Digital Content consistent with the Agreement. If the Digital Content is delivered in parts or continuously, the time during which the Digital Content remained non-compliant with the Agreement shall be taken into account when the Price is reduced.
- The Seller is obliged to return the Price due to the Consumer or Entrepreneur on Consumer Rights immediately, no later than within 14 days from the date of receipt of the Consumer’s or Entrepreneur on Consumer Rights’s statement on the reduction of the Price.
- The Consumer or Entrepreneur on Consumer Rights may not withdraw from the Agreement if the Digital Content is provided in exchange for payment of the Price, and the non-compliance of the Digital Content with the Agreement is irrelevant. It is presumed that the lack of conformity of the Digital Content with the Agreement is material.
§ 13 Settlement with the Consumer or Entrepreneur on Consumer Rights in the event of withdrawal from the Agreement
- If the Buyer being a Consumer or Entrepreneur on Consumer Rights withdraws from the Agreement:
a) under the rights resulting from the consumer warranty for non-compliance of the Digital Content with the Agreement;
b) in the event of the Seller’s failure to deliver the Digital Content, despite the Buyer’s request,
c) the provisions of this paragraph shall apply to settlements between the Parties.
- If the Seller has provided the Digital Content on a tangible medium, the Seller may request the return of this medium no later than 14 days from the date of receipt of the declaration of withdrawal, and the Consumer or Entrepreneur on Consumer Rights is obliged to return the carrier immediately, no later than within 21 days, at the expense of the Seller.
- The Seller is obliged to return the Price only in part corresponding to the Digital Content inconsistent with the Agreement or Digital Content in respect of which the obligation to deliver it has been waived due to withdrawal from the Agreement. At the same time, the Seller is not entitled to demand payment for the time during which the Digital Content was inconsistent with the Agreement, even if the Consumer or Entrepreneur on Consumer Rights actually used it before withdrawing from the Agreement.
- The Seller is obliged to return the Price due to the Consumer or Entrepreneur on Consumer Rights immediately, no later than within 14 days from the date of receipt of the Consumer’s or Entrepreneur on Consumer Rights’s statement on the reduction of the Price.
- The Seller shall refund payments using the same payment method as the Consumer, unless the Consumer has expressly agreed to a different method of refund, which does not incur any costs for them.
§ 14 Return of User Content
- After withdrawing from the Agreement, the Seller may not use User Content, except for User Content that:
a) is only useful in connection with Digital Content;
b) apply only to the Consumer’s or Entrepreneur on Consumer Rights’s activity in the course of using the Digital Content;
c) has been connected by the Seller to other data and cannot be disconnected without undue difficulty;
d) was produced by the Service Recipient together with other consumers who can still use such.
- At the request of the Consumer or Entrepreneur on Consumer Rights, the Seller shall make available to such Buyer, at its own expense, within a reasonable time and in a commonly used machine-readable format, the User Content that was created or delivered during the use of the Digital Content. This obligation does not apply to the return of User Content referred to in section 1 points a) – c).
§ 15 Personal data and cookies
- The administrator of personal data is the Seller.
- The website uses cookie technology.
- Details related to personal data and cookies are described in the privacy policy available at lingua-impact.eu.
§ 16 Intellectual Property Rights
- The Seller instructs the Buyer that all content available on the Website, Digital Content and elements of Digital Content (e.g. graphic designs) may constitute works to which the Seller or other authorized entities are entitled to copyrights and databases protected under database protection regulations.
- The Seller instructs the Buyer that the exploitation of copyrighted content or the use of databases by the Buyer without the consent of the Seller or any other authorized entity, except for use within the framework of fair use, constitutes an infringement of intellectual property rights and may result in civil or criminal liability.
- The Seller may conclude a separate license agreement with the Buyer related to the use by the Buyer of the content or databases belonging to the Seller (e.g. by using product photographs, using descriptions of Digital Content, etc.). In order to conclude such an agreement, the Buyer should apply to the Seller with a proposal to conclude a license agreement, informing the Seller in particular about the purposes for which it intends to use the Digital Content and the assumed time of use. Upon receipt of such a proposal, the Seller shall present an offer in accordance with its own licensing policy.
§ 17 Reviews
- The Seller may allow the Buyers to post opinions about the Website, the Seller, products or Services — as part of the Website or external services belonging to third parties. In such a case, the provisions of this paragraph shall apply to the publication of the opinion.
- Posting an opinion is possible after using the Website, particularly after the conclusion of the Agreement, while posting an opinion is possible at any time.
- The Buyer should formulate opinions in a reliable, honest and substantive manner, as far as possible linguistically correct and without using vulgarisms and other words commonly considered offensive.
- It is forbidden to post opinions:
a) without prior use of the Website;
b) on Digital Content that the Buyer has not used or acquired,
c) fulfilling the hallmarks of an act of unfair competition;
d) infringing the personal rights of the Seller or a third party;
e) by paid users, in particular for the purpose of artificially increasing the rating of the Digital Content.
- The Seller may at any time verify whether the posted opinions comply with the Regulations, and in particular whether they come from Buyers who have actually used the Digital Content or acquired the Digital Content. In addition, in the event of any doubts of the Buyer regarding the posted opinions, the Buyer may report the opinion to the Seller for verification. After receiving the notification from the Buyer, the Seller will take actions, appropriate to the possibilities available, which will be aimed at verifying the posted opinion.
- In the event of posting an opinion that does not meet the requirements provided for in the Regulations, the Seller may refuse to publish the opinion or delete it.
§ 18 Out-of-court procedures for dealing with complaints and claims
- The consumer can use out-of-court methods of dealing with complaints and pursuing claims.
- The consumer can use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform resolves disputes between consumers and entrepreneurs seeking out-of-court dispute settlement regarding contractual obligations arising from an online sales or service contract.
§ 19 Complaints and calls
- Each Buyer has the right to complain about matters related to the Website’s functioning or the Agreement’s performance. To make it easier for the Consumer or Entrepreneur on Consumer Rights to exercise the rights related to the Seller’s liability for the compliance of the Digital Content with the Agreement and liability for improper performance of the Basic Service, the Seller has prepared a model complaint form that the Consumer or Entrepreneur on Consumer Rights may use. The template is available at lingua-impact.eu.
- Complaints should be submitted to the Seller at Lingua Impact Agnieszka Kujawska, 684 rue du Chevalleret Z.A. de Moru, 60700 Pontpoint, France or contact@linguaimpact.eu .
- Complaints of the Buyers will be considered on an ongoing basis, but not later than within 14 days from the date of receipt of the complaint by the Seller.
- The response to the complaint will be sent to the Buyer to the contact provided by the Buyer when submitting the complaint.
- If the Seller has not delivered the Digital Content in accordance with the Agreement, the Buyer may submit a complaint in which it will request the Seller to deliver the Digital Content. If, despite this request, the Seller fails to deliver the Digital Content immediately or within an additional period agreed between the Parties, the Buyer may withdraw from the Agreement. The Buyer may withdraw from the Agreement without requesting the Seller to deliver the Digital Content when:
a) it will be clear from the Seller’s statement or circumstances that the Seller will not deliver the Digital Content;
b) The Parties have agreed, or it is clear from the circumstances of the conclusion of the Agreement, that the specified date of delivery of the Digital Content was significant for the Buyer. The Seller did not deliver it within this period.
§ 20. Final Provisions
- The Seller reserves the right to introduce and cancel offers, promotions and to change the Prices on the Website without prejudice to the rights acquired by the Buyer, including in particular the terms of the Agreements concluded before the change.
- The Seller reserves the right to change the Regulations for important reasons such as changes in legal regulations, technological changes, or business changes.
- The Regulations in force at the time of the conclusion of the Agreement shall apply to the Contracts for the provision of Basic Services.
- The Regulations in force at the time of conclusion of the Agreement shall apply to Agreements regarding Digital Content delivered once.
- In the case of Agreements regarding Digital Content that is delivered through a user account (e.g., an online course with annual access), the Buyer will receive information about the Terms and Conditions change to the e-mail address assigned to the user account. The Buyer may terminate the Agreement within 30 days of being informed of the change if the change in the Regulations significantly and negatively affects the Buyer’s access to or use of the Digital Content.
- In the case of Agreements regarding Electronic Services, the Buyer will receive information on changes to the Regulations to the e-mail address related to a given Electronic Service. If the Buyer does not accept the amendment to the Regulations, he may terminate the Agreement with immediate effect, e.g. by deleting the account on the Website or resigning from receiving the newsletter.
- Any disputes related to the Agreements concluded via the Website shall be considered by the French common court having jurisdiction over the place of permanent performance of the business activity by the Seller.
- These Regulations are valid from 01-09-2023.
