Terms of Use
Terms and Conditions
(1) This website and the services offered through it are owned and operated by French Touch Now, a sole proprietorship owned by Naomi Sibomana. These terms and conditions set out the conditions under which visitors or users may visit or use the website and/or services.
(2) By accessing or using the services, you agree to be bound by these terms and conditions. If you do not agree to all of the terms and conditions, you may not access the website or use the services. Please read these terms and conditions carefully before accessing our website or using the services. These terms explain who we are, how we charge you for services, how you can cancel the contract, and what you can do if you encounter a problem.
(3) You represent that you are of legal age and have the authority, right, and freedom to enter into a binding agreement based on these terms and to use the services and purchase items. If you are a minor, you must have the permission of your parents or legal guardian to use the Services or purchase Services.
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4) These Terms are provided in French. In the event of any discrepancy between the French version of this document and any translation thereof, the French version shall prevail.
5) In addition, before placing and confirming an order, you must read and accept these Terms.
Business Terms
Product Description
You must carefully read the Description of the Services offered before placing an order. The Description of the Services presents the essential characteristics of the Services, in accordance with Article L. 111-1 of the French Consumer Code. These descriptions are designed to provide you with the most complete information possible on these characteristics, without being exhaustive. The photographs, drawings, and descriptions of the Services offered are provided for informational purposes only and are not binding on us.
Purchase of Services Offered
(1) Any purchase of Services Offered is subject to the Terms applicable at the time of such purchase. (2) You may make Reservations to purchase the Services we offer. Through our website or services, we allow you to schedule appointments to use our Services. If you schedule an appointment for one of our Services, you agree to arrive at the designated location at the scheduled time and pay the displayed price using the agreed-upon payment method. If you are unable to attend the scheduled appointment, you agree to cancel the appointment at least 24 hours before the originally scheduled time. If you do not cancel a scheduled appointment, or if you cancel it less than 24 hours before, you will be charged for the course. However, you can reschedule a session up to 1 hour before the course starts.
(3) Reservations for the Language Study Abroad Service are subject to manual approval. If the reservation is successful, you will receive a payment link for a deposit of 25% of the course price. You can cancel your stay free of charge up to 1 month before your arrival. If you cancel less than one month before the start of your stay, the deposit will not be refunded.
(4) You can select the Services offered and available appointments you intend to book and add them to your shopping cart by making the appropriate selections (e.g., service type, quantity if applicable, date and time of the appointment) and clicking the corresponding button. The prices we charge are indicated on the Website. We reserve the right to change the prices of the Services offered displayed at any time (provided that you will only be charged the amount agreed upon prior to any price change) and to correct any inadvertent pricing errors that may occur, with effect for the future. Additional information on prices and value-added tax (VAT) at the current rate and other applicable taxes, fees, or charges is available on the Website during the booking process.
(5) Before clicking on the "Reservation subject to payment" button, all the Services offered and the appointments you have chosen, including the total price, are displayed again in a reservation summary. You can then identify and correct any input errors before definitively confirming your reservation. By clicking on the "Reservation subject to payment" button, you are placing a firm order to reserve the Services offered during the chosen appointment. However, the reservation request can only be placed and transmitted if you have accepted these Conditions by clicking on the checkbox
developed for this purpose, and thus including them in your booking request.
(6) We will then send you an automatic confirmation of receipt of your booking request by email, in which your booking will be summarized again and which you can print or save using the corresponding function. The automatic confirmation of receipt only documents the receipt of your booking request and does not constitute acceptance of this order by us.
(7) The legally binding agreement for the booking of the Services offered is only concluded when we send you a confirmation of acceptance by email. We reserve the right not to accept your booking request. This does not apply in cases where we offer a payment method for your order and you have selected it, if a payment process is initiated immediately (e.g., an electronic money transfer, or an instant bank transfer via PayPal, or any similar payment method). In this case, the legally binding agreement is concluded when you complete the Booking process, as described above, by pressing the "Booking subject to payment" button.
(8) Fees for the Services offered are due before the start of the provision of the Services. In the event that the deposit for the Services offered must be paid offline, you hereby agree to make full payment before the appointment. We reserve the right to refuse to provide a Services offered at any time if payment is not made.
(9) You can save your preferred payment method for future use. In this case, we will store your payment credentials in accordance with applicable industry standards (e.g., PCI DSS). You will be able to identify your stored card by its last four digits.
Membership Account
(1) To access and use certain sections and features of our Site, you must first register and create an account ("Membership Account"). You must provide accurate and complete information when creating your Member Account.
(2) If someone other than yourself accesses your Member Account and/or any of your settings, they will be able to perform any actions available to you, including making changes to your Member Account. Therefore, we strongly encourage you to keep your Member Account login details secure. All such activities may be deemed to have occurred in your name and on your behalf, and you will be solely responsible for all activities that occur under your Member Account, whether specifically authorized by you or not, and for any damages, expenses, or losses that may result from such activities. You are liable for activities performed under your Member Account in the manner described if you negligently permitted the use of your Member Account by failing to take reasonable care to protect your login details.
(3) You can create and access your Member Account through a dedicated webpage or by using a third-party platform such as Google. If you register through a third-party platform account, you authorize us to access certain information about you, which is stored in your associated Account.
(4) We may temporarily or permanently terminate or suspend your access to your Member Account without liability, in order to protect ourselves, our Site and Services, or other users, including if you violate any provision of these Terms or any applicable law or regulation in connection with your use of the Site or your Member Account. We may do so without notice if circumstances require immediate action; in such a case, we will notify you as soon as reasonably possible. In addition, we reserve the right to terminate your Member Account without cause, by providing you with two months' notice by email, if we discontinue our Member Account program, or for any other reason. You may stop using your Member Account and request its deletion at any time by contacting us.
Intellectual Property
(1) Our Services and associated content (and any derivative works or improvements thereof), including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technologies, documentation, trademarks, service marks, trade names and trade dress, and interactive features, are our property or the property of the sourced authors, and nothing herein grants you any rights in relation to Our intellectual property. Except as expressly provided herein or as required under mandatory provisions of applicable law for the use of the Services, you will not acquire any right, title, or interest in Our Intellectual Property. All rights not expressly granted in these terms are expressly reserved.
(2) If the proposed Service you have booked requires or involves the use of digital content such as music or videos, you will be granted the rights indicated on the Site for that Booking.
Disclaimer of Warranty for Use of the Site and Services
The Services, Our intellectual property, and all documents, information, and content provided in connection with them that are made accessible to any user free of charge are provided "as is" and "as available," without any warranty of any kind, either express or implied, including any warranty of fitness for a particular purpose and any warranty regarding the security, reliability, timeliness, accuracy, or performance of our services, except in the case of malicious non-disclosure of defects. We do not guarantee that our free Services will be provided without interruption or error-free, or that they will meet your requirements. Access to the Services and the Site may be suspended or limited due to repairs, maintenance, or updates. The warranty for the Products you have purchased from us, as mentioned in the "Warranty for Services Offered" section above, will not be affected.
Indemnification
You agree to defend and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the Site and Services in violation of these Terms, including, in particular, any use that violates the limitations and requirements set forth in these Terms, unless such circumstances are not caused by your fault.
Limitation of Liability
(1) To the fullest extent permitted by applicable law, we exclude all liability for any amount or type of loss or damage that may result to you or a third party (including any direct or indirect loss and any loss of income, profits, goodwill, data, contracts, as well as any loss or damage arising from, or related to, business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time, even if foreseeable, in connection with (i) this Site and its contents, (ii) the use, inability to use, or the results of use of this Site, (iii) any websites linked to this Site or the materials on such linked websites).
(2) We will not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure results from a cause beyond our reasonable control and/or force majeure as defined of Article 1216 of the French Civil Code.
Modification of the Terms or Services; Discontinuation
(1) We reserve the right to modify these Terms whenever necessary, at our sole discretion. You should therefore review them regularly. If we modify these Terms substantially, we will notify you that substantial changes have been made. Your continued use of the Site or our Service after such a change will constitute your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not access or use the Site or the Service.
(10) We may modify the Services, discontinue providing the Services or any feature of the Services we offer, or impose limitations on the Services. We may terminate or suspend access to the Services permanently or temporarily for any reason, without liability. We will notify you sufficiently in advance if possible under the given circumstances and will reasonably take into account your legitimate interests when taking such action.
Links to Third-Party Sites
The Services may include links that take you outside the Site. Unless otherwise stated, linked sites are not under our control, and we are not responsible for their contents, any links they contain, or any changes or updates to them. We are not responsible for any transmissions received from linked sites.
Third-party links are provided solely as a convenience. If we add links to other websites, this does not imply that we endorse their owners or content.
Governing Law
(1) These Terms are governed by and construed in accordance with French law, excluding its conflict of law rules.
(2) If you wish to draw our attention to a matter, complaint, or question regarding our site, please contact us: contact@frenchtouchnow.com
If, after contacting us, you feel that the issue has not been resolved, you have the right to resort to the consumer mediation procedure in the event of a dispute, in accordance with Articles L.611-1 et seq. of the French Consumer Code. To submit your request to the Consumer Ombudsman, complete the online dispute resolution form available at the following address:
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Miscellaneous
(1) No waiver of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.
(2) The section headings used in these Terms are for convenience only and have no legal substance.
(3) Unless otherwise specified, if any part of these Terms is deemed illegal or unenforceable for any reason, it is agreed that that part of these Terms shall be deleted, the remaining terms of these Terms shall not be affected, and they shall remain in full force and effect.
(4) By accepting the Terms, you agree not to contest the evidentiary value of documents exchanged via the Site based on their electronic nature. The computerized records are considered proof of communications, orders, and payments made between us.
(5) Your acceptance of the Terms constitutes an agreement of proof, within the meaning of Article 1368 of the French Civil Code.
(4) You may not assign your agreement with us under these Terms, nor your rights or obligations hereunder, in whole or in part, without our prior written consent.
(5) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us regarding the Services and the sale of the Products.
(6) The provisions of these Terms, which, by their nature, should survive any action by us, shall survive, including, but not limited to, the provisions relating to indemnities, waivers, disclaimers, limitations of liability, and this "Miscellaneous" section.