General Terms and Conditions of Service
Version 1.0 - 08 june 2026
These General Terms and Conditions of Service are also available in French. The French version is the only version with contractual force and shall prevail in the event of any discrepancy.
Article 1 - Service Provider identification and scope
These General Terms and Conditions of Service (hereinafter "T&Cs") govern all contractual relations between:
Damien Gautier, sole trader (entrepreneur individuel - EI), trading under the name Speak French with Damien. Address: 8 Avenue de Villeneuve, 13830 Roquefort-La-Bédoule. SIRET: 980 497 424 00013. Registered with the Marseille Trade and Companies Register (RCS). Teaching activity declared under the BNC category - URSSAF. Email: contact@learnfrenchwithdamien.com. Website: https://www.learnfrenchwithdamien.com. (hereinafter "the Provider")
and any adult individual booking one or more French as a Foreign Language teaching services via the Website or the associated Acuity booking tool (hereinafter "the Client").
The Client declares on their honour that they are of legal age and have full legal capacity to enter into a contract. In the event of a false declaration on this point, the Provider accepts no liability and reserves the right to cancel the service without refund or prior notice.
These T&Cs apply exclusively to the French as a Foreign Language teaching activity carried out under the trading name Speak French with Damien, to the exclusion of any other activity of the Provider and any other terms and conditions. They apply to any booking made by the Client, regardless of their nationality or country of residence.
By completing a booking, the Client acknowledges having read these T&Cs in full and accepts them without reservation. This acceptance is recorded through the checkbox provided during the Acuity booking process. It constitutes an electronic signature within the meaning of Article 1367 of the French Civil Code and serves as proof of acceptance of these terms.
The applicable version is the one in force at the date of booking, as identified by the version number and date shown at the top of this document. The Provider reserves the right to amend these T&Cs at any time without prior notice to new clients.
The Provider benefits from VAT exemption pursuant to Article 293 B of the French General Tax Code (Code général des impôts). No VAT is therefore applicable to the services provided under these T&Cs.
Article 2 - Description of services
The Provider offers French as a Foreign Language (FLE) teaching services delivered exclusively online, in a one-on-one format, via video call.
Sessions are conducted in English or French depending on the Client's level. The service is intended for an international adult audience, covering all levels from A1 to C2 in accordance with the Common European Framework of Reference for Languages (CEFR). The Provider's teaching method is based on authentic conversation and native spoken French, without the use of a textbook.
Services are offered in the following formats, the characteristics and current pricing of which are indicated on the Provider's website at the time of booking:
Single session, booked and paid for individually, with no possibility of rescheduling or refund in the event of late cancellation or non-attendance, in accordance with Article 4 of these T&Cs.
Session package, subject to a validity period of thirty (30) calendar days from the date of payment, in accordance with Article 5 of these T&Cs.
Monthly subscription with automatic renewal, where this option is available, in accordance with Article 5.5 of these T&Cs.
The video call tool is chosen by the Provider and communicated to the Client upon booking confirmation. The Client undertakes to have the equipment, internet connection, and technical environment required to use the chosen tool. Responsibility for the quality of the Client's connection and the proper functioning of their equipment lies exclusively with the Client.
The Provider operates independently, outside of any regulated educational institution. The services do not lead to any degree, official certification, or qualification recognised by the French State or any other public body.
Article 3 - Booking and payment
Bookings are made exclusively online via the Acuity booking tool, accessible from the Provider's website. During the booking process, the Client is required to tick a box accepting these T&Cs, a link to which is provided for this purpose. This acceptance is mandatory to complete the booking. No booking can be confirmed without this prior acceptance.
A booking is considered definitively confirmed upon receipt of full payment for the selected service (single session, package, or subscription). A confirmation email is automatically sent to the Client at the email address provided during the booking process. It is the Client's responsibility to check the accuracy of the information contained in this email and to contact the Provider as soon as possible in the event of any error.
Full payment is due at the time of booking, prior to any service being provided. No session may take place without full payment having been received in advance.
Payments are processed securely via Stripe and/or PayPal, at the Client's choice at the time of booking. The Provider has no access to the Client's banking details, as all payment processing is handled exclusively by these third-party providers. The Client is advised to consult the terms and conditions of Stripe (stripe.com) and PayPal (paypal.com) for any questions regarding the processing of their payment data.
Prices are quoted in euros (€), inclusive of all taxes, with VAT not applicable pursuant to Article 293 B of the French General Tax Code (Code général des impôts). Any conversion into a local currency displayed on the booking platform is provided for indicative purposes only and does not constitute a contractual commitment on the part of the Provider. The final amount charged may vary depending on the exchange rate applied by the Client's bank or payment provider. The Provider cannot be held liable for any such variations.
In the event of a payment failure, for whatever reason, the booking is automatically cancelled and the selected time slots are made available again. The Provider is under no obligation to provide any service until full payment has been received.
The Client undertakes to provide accurate and complete information when making a booking. Any booking made with incorrect, fraudulent, or incomplete information may be cancelled by the Provider without prior notice or refund.
Article 4 - Cancellation, rescheduling, and Client absence
4.1 - Cancellation and rescheduling window
The Client has until twenty-four (24) hours before the start time of their booked session to cancel or reschedule free of charge. Any cancellation or rescheduling request must be submitted via the Acuity booking tool or in writing to the Provider's email address before this deadline expires.
Where a session is rescheduled within the permitted window, the Client and the Provider agree on a new available time slot within the current calendar month. If no mutually suitable slot is found before the end of the current calendar month, the session is permanently forfeited, with no right to a refund or carry-over to the following month.
4.2 - Late cancellation or rescheduling
Any cancellation or rescheduling request submitted less than twenty-four (24) hours before the start of the session will result in the session being counted as having taken place. The session will be deducted from the package, single session, or subscription without refund, credit, or carry-over, regardless of the reason given by the Client.
Only a case of force majeure duly evidenced by an official document (medical certificate, death certificate) and notified to the Provider as soon as possible may give rise to an exceptional rescheduling, at the Provider's sole discretion, and shall not constitute an acquired right for the Client.
4.3 - Client no-show
In the event of the Client's absence at the time of the session, the session will be counted as having taken place and deducted from the package, single session, or subscription, with no refund or carry-over. The Provider is under no obligation to wait beyond fifteen (15) minutes after the scheduled start time. Once this period has elapsed, the session is definitively considered as not honoured by the Client.
4.4 - Express waiver of the right of withdrawal
In accordance with Article L221-28 of the French Consumer Code (Code de la consommation), individual teaching sessions constitute services provided at a specific date and time. Accordingly, the fourteen (14)-day right of withdrawal provided for under Article L221-18 of the same code does not apply to individually booked sessions once the session date has been set.
With regard to the package as a whole, the Client expressly acknowledges, by ticking the checkbox provided during the Acuity booking process, that the performance of the services will begin before the expiry of the fourteen (14)-day statutory withdrawal period, and expressly waives this right in accordance with Article L221-25 of the French Consumer Code. This waiver is a prerequisite for booking confirmation.
4.5 - Cancellation by the Provider
In the event of a session being cancelled by the Provider, for whatever reason, the Client will be informed as soon as possible by email or via Acuity. The cancelled session will be rescheduled in full to a mutually agreed time slot within the current calendar month or, if no slot is available, credited to the Client's package as an additional session. No cash refund is due in respect of a cancellation by the Provider, except where the Provider is definitively unable to perform the service.
Article 5 - Package validity and session expiry
5.0 - Booking options
Services are offered in the following three formats, at the Client's choice:
Single session: booking and payment for one session, to be used at the date and time selected during the booking process. Single sessions are not eligible for rescheduling or refund in the event of late cancellation or no-show, in accordance with Article 4 of these T&Cs.
Session package: booking and payment for a set of sessions, subject to the validity conditions defined in Articles 5.1 to 5.4 below.
Monthly subscription: a rolling plan entitling the Client to a defined number of sessions per thirty (30)-day period, subject to the conditions defined in Article 5.5 below. This option may not be available at all times, the Provider reserves the right to activate or deactivate it at their sole discretion.
5.1 - Package validity period
Each session package is valid for thirty (30) calendar days from the date of payment. For example, a package purchased on 15 March is valid until 14 April at midnight, Paris time (UTC+1 or UTC+2 depending on daylight saving time), regardless of the Client's geographical location.
5.2 - Expiry and unused sessions
Upon expiry of the thirty (30)-day period, all unused sessions are permanently forfeited. They do not give rise to any refund or credit, and cannot be carried over to a subsequent package, regardless of the reason they were not used.
The Client is solely responsible for planning and using their sessions within the allotted time. It is the Client's responsibility to book their slots sufficiently in advance via Acuity to ensure they are used before the package expires.
5.3 - No automatic renewal of packages
Packages are not subject to automatic renewal. Upon expiry of each thirty (30)-day period, the Client must make a new booking and payment if they wish to continue with the service. The Provider cannot be held responsible for the unavailability of time slots in the event of late booking.
5.4 - Exception
By way of derogation from Articles 5.1 and 5.2, the Provider may, at their sole discretion and on an exceptional basis, grant a carry-over of sessions to the following period where the Client can demonstrate exceptional circumstances duly evidenced by official documentation, such as hospitalisation or force majeure. This derogation may only be granted in writing and does not under any circumstances constitute an acquired right for the Client.
5.5 - Monthly subscription with automatic renewal
Where the monthly subscription option is available and taken out by the Client, the following conditions apply:
The subscription renews automatically at each monthly billing date, by automatic charge to the Client's registered payment method, unless cancelled beforehand in accordance with the conditions set out below.
The Client will be notified of the upcoming renewal date by email at least seven (7) days before the charge is processed.
The Client may cancel their subscription at any time, free of charge, via their Acuity client area or by contacting the Provider by email. Cancellation takes effect at the end of the current period, no pro-rata refund is due for the period already under way. In accordance with Article L215-1-1 of the French Consumer Code (Code de la consommation), a cancellation button is accessible from the Acuity client account.
Any unused sessions at the end of a subscription period are permanently forfeited and may neither be carried over nor refunded, in accordance with Articles 5.1 and 5.2 of these T&Cs.
Article 6 - Provider obligations and limitation of liability
6.1 - Provider obligations
The Provider undertakes to deliver booked sessions at the agreed time, with care and professionalism, adapting the teaching content to the Client's level and objectives as expressed at the outset of the engagement.
The Provider is bound by an obligation of means and not of result. Accordingly, the Provider cannot guarantee any specific level of progress, any particular linguistic outcome, or the achievement of a given objective within a set timeframe. The Client's progress depends on factors specific to the Client, including their personal commitment, the regularity of their practice outside sessions, and their individual aptitude.
6.2 - Technical disruption
In the event of a technical disruption attributable to the Provider that renders a session impossible to hold, such as a connection failure or a video call tool malfunction on the Provider's side, the Provider will notify the Client as soon as possible and offer to reschedule the session to a mutually agreed date within the validity period of the current package or subscription. No cash refund is due in this regard.
In the event of a technical disruption attributable to the Client, such as a connection failure or equipment malfunction on the Client's side, the session will be counted as having taken place and deducted from the package, in accordance with Article 4.3 of these T&Cs.
6.3 - Limitation of liability
The Provider's liability may not be engaged in the following cases:
The Client's inability to access the video call platform or the Acuity booking tool due to a technical failure beyond the Provider's control, including server outages affecting Acuity, Stripe, PayPal, or any other third-party provider.
Inaccurate information provided by the Client at the time of booking, including an incorrect email address resulting in non-receipt of booking confirmations.
Any indirect, intangible, or consequential loss suffered by the Client in connection with the services, including loss of time, loss of earnings, or any professional prejudice.
In any event, the Provider's liability is strictly limited to the amount actually received in respect of the package or session concerned.
6.4 - Force majeure
The Provider cannot be held liable for any delay or failure to perform their obligations resulting from a force majeure event within the meaning of Article 1218 of the French Civil Code, that is, any event beyond the control of the parties, unforeseeable at the time the contract was entered into, and unavoidable in its effects.
The following are considered force majeure events, without this list being exhaustive:
natural disasters of any kind, including earthquakes, tsunamis, volcanic eruptions, floods, storms, cyclones, landslides, and wildfires ;
extreme climate events rendering any activity impossible, including severe heatwaves, prolonged droughts, rising water levels, forced population displacement, or recognised or de facto climate refugee status ;
events of human origin, including acts of war whether declared or undeclared, international or internal armed conflicts, invasion, military hostilities, guerrilla warfare, insurrection, rebellion, revolution, coup d'état, and civil war ;
nuclear, biological, chemical, or radiological threats or attacks, whether of state, terrorist, or accidental origin ;
acts of terrorism, bombings, sabotage, hostage-taking, riots, civil unrest, and serious public disorder ;
pandemics, epidemics, or major health crises declared by competent national or international authorities, resulting in an inability to perform the service ;
decisions by public authorities rendering performance of the service impossible or unlawful, including requisitions, administrative prohibitions, lockdowns, curfews, and states of emergency ;
widespread failures of digital or energy infrastructure, including large-scale internet outages, prolonged power cuts at national or regional level, and large-scale cyberattacks affecting communication networks ;
space or astronomical events of significant magnitude affecting terrestrial infrastructure, including solar storms, massive electromagnetic disruptions, or impacts from space debris ;
major food, health, or environmental crises rendering the performance of any professional activity impossible ;
systemic collapse of financial, banking, or digital infrastructure at national or international level ;
serious illness or accident affecting the Provider, duly evidenced by a medical certificate, rendering performance of the service temporarily or permanently impossible.
In the event of a force majeure event, the Provider will notify the Client as soon as possible by any available means. The Provider's obligations are suspended for the duration of the event. Where non-performance is permanent and solely attributable to the force majeure event, a pro-rata refund of sessions not carried out and not rescheduled may be offered to the Client, without any further compensation being claimable from the Provider.
Article 7 - Client obligations and acceptable use
7.1 - General obligations
The Client undertakes to connect at the agreed time, in a quiet environment conducive to learning, with the equipment necessary for the session to run smoothly, including a stable internet connection, a working microphone, and something to take notes with if needed.
The Client undertakes to provide accurate, complete, and up-to-date information at the time of booking, including their email address, which constitutes the primary communication channel between the parties. Any changes must be notified to the Provider as soon as possible.
The Client undertakes to conduct themselves respectfully towards the Provider during sessions and in all written or verbal communication within the contractual relationship. The following are considered unacceptable and constitute a serious breach of these T&Cs: abusive, discriminatory, racist, sexist, or hateful language; intimidating, threatening, or harassing behaviour; any form of psychological pressure or blackmail directed at the Provider; and any disruptive behaviour that prevents the session from running properly.
In the event of a serious breach by the Client of their behavioural obligations, the Provider reserves the right to end the current session immediately without notice, to terminate the entire contract with immediate effect, to block the Client's access to the Acuity booking platform, and to refuse any future bookings from that Client. In such a case, any remaining sessions in the current package or subscription are permanently forfeited and give rise to no refund, credit, or compensation of any kind in favour of the Client.
As the Provider is a self-employed individual working alone, their physical and psychological safety constitutes an essential condition for the performance of their services. Any serious breach by the Client of their behavioural obligations releases the Provider from any obligation to perform towards that Client.
7.2 - Use of teaching materials
Teaching materials transmitted by the Provider to the Client during sessions, including vocabulary sheets, grammar sheets, written corrections, exercises, and any other documents, are provided for strictly personal use and are reserved exclusively for the Client's individual learning.
The Client expressly agrees not to reproduce, distribute, publish, sell, share, or make these materials available to third parties in any form whatsoever, without the Provider's prior written consent. Any breach of this prohibition engages the Client's liability and may give rise to proceedings for copyright infringement in accordance with Articles L335-2 et seq. of the French Intellectual Property Code (Code de la propriété intellectuelle).
7.3 - Recording of sessions
Audio or video recording of sessions by the Client is strictly prohibited without the Provider's prior written consent. Any request to record must be made before the start of the session in question. The Provider reserves the right to refuse any recording request without having to provide reasons.
7.4 - Abusive use of the payment dispute procedure
The Client expressly acknowledges that any payment dispute (chargeback) initiated with their bank or payment provider in respect of a session that was carried out, a session forfeited due to late cancellation, or a no-show as defined in Article 4.3 of these T&Cs, constitutes an abusive and fraudulent use of the dispute procedure.
In the event of an abusive chargeback, the Provider reserves the right to immediately suspend access to any remaining sessions in the current package or subscription, to terminate the contract without notice or refund, to provide the relevant bank or payment provider with all available evidence attesting to the performance of the service or the legitimate application of the cancellation policy, and to pursue recovery of any amounts wrongfully reclaimed, including any dispute fees charged to the Provider by the payment provider.
7.5 - No obligation to provide supplementary teaching materials
Any supplementary teaching materials that the Provider may transmit to the Client, including vocabulary sheets, grammar sheets, written corrections, session summaries, or any other resources, constitute an additional service provided at the Provider's sole discretion, and not a contractual obligation.
The Client expressly acknowledges that the principal service consists of the teaching session itself. No supplementary materials may be demanded by the Client, whether within a specific timeframe, in a particular format, or in a given volume. The Provider alone determines whether, what, how, and when any additional teaching material is provided.
Equally, the Client may not demand from the Provider any service not expressly provided for in these T&Cs, including additional sessions, corrections outside of sessions, extended exchanges by email or messaging, or any other form of support not included in the package or subscription taken out.
Any persistent, repeated, or threatening requests seeking services not contractually owed will be treated as a serious breach of the Client's obligations within the meaning of Article 7.1 of these T&Cs and may give rise to the same consequences, including immediate termination without refund.
7.6 - Respect for the Provider's working hours and right to disconnect
The Provider freely sets their own working hours and availability, as indicated on their website and in the Acuity booking tool. These hours are subject to change. Only time slots shown as available on Acuity may be booked, the Client may not demand slots outside of these available times.
The Provider, as a self-employed individual, is entitled to holidays and rest periods. During these periods, no slots are available for booking and no communication may be required. The Provider endeavours to inform active Clients of any extended absences within a reasonable timeframe, though this does not constitute a contractual obligation.
Any communication sent to the Provider outside of their working hours will not receive an immediate reply. The Provider reserves the right to respond within a reasonable timeframe, and no reproach may be made by the Client in this regard.
The Client agrees not to send the Provider repeated, insistent, or harassing communications through any channel, including email, instant messaging, social media, or any other means. Harassing behaviour includes sending multiple messages without awaiting a reply from the Provider, pressuring the Provider over response times, or contacting the Provider through several channels simultaneously in order to obtain an immediate response.
Any breach of these obligations will be treated as a serious breach within the meaning of Article 7.1 of these T&Cs and may result in immediate termination of the contract without refund.
7.7 - Respect for the Provider's privacy
The Client expressly agrees not to capture, record, photograph, or distribute by any means whatsoever any part of the Provider's visual or audio environment visible during sessions, including the interior of their home, their personal belongings, or any element that could be used to identify their location.
Any attempt to identify or locate the Provider, any unsolicited contact outside the channels defined in Article 11.5, or any behaviour that could constitute harassment, stalking, or an intrusion into the Provider's private life constitutes a serious breach within the meaning of Article 7.1 and will result in immediate termination of the contract without refund, without prejudice to any criminal proceedings that the Provider reserves the right to bring, in particular under Articles 222-16, 222-33-2-2, and 226-1 of the French Criminal Code (Code pénal).
Article 8 - Intellectual property
8.1 - Provider's rights
All content created and transmitted by the Provider in the course of their services, including vocabulary sheets, grammar sheets, written corrections, session summaries, exercises, teaching materials, question banks, written examples, and any other document produced by the Provider, constitutes an original work within the meaning of Article L111-1 of the French Intellectual Property Code (Code de la propriété intellectuelle) and is protected by copyright from the moment of creation, without any prior formality.
The Provider is and remains the sole and exclusive holder of all economic and moral rights pertaining to these materials. No assignment of rights, even partial, is granted to the Client under these T&Cs. The transmission of these materials to the Client confers only the right to use them for strictly personal, private, and non-commercial purposes, solely within the context of the Client's individual learning.
8.2 - Strict prohibitions
The Client expressly and absolutely agrees not to carry out any of the following acts without the Provider's prior written consent:
Reproducing, copying, scanning, photographing, or duplicating all or part of the Provider's teaching materials in any form whatsoever.
Distributing, sharing, transmitting, publishing, or making all or part of these materials available to third parties, whether free of charge or for payment, by any means whatsoever, including via social media, file-sharing platforms, messaging applications, forums, online groups, websites, or any other digital or physical channel.
Commercially exploiting all or part of these materials, including by using them to deliver lessons, training courses, tutorials, educational content, or any other teaching activity, whether professional or not, whether directly or indirectly.
Adapting, modifying, translating, rephrasing, or creating derivative works from the Provider's materials, in whole or in part, including by incorporating them into other teaching resources.
Presenting or publishing the Provider's materials as their own, or omitting to mention their origin, which would constitute an act of plagiarism within the meaning of intellectual property law.
Using the Provider's materials to train, feed, or improve an artificial intelligence system, a language model, or any other automated tool, whether for personal or commercial purposes.
8.3 - Commercial exploitation and unfair competition
Any direct or indirect commercial exploitation of the Provider's materials, presentation methods, document structures, or formulations, without their prior written authorisation, constitutes an act of unfair competition within the meaning of Articles 1240 and 1241 of the French Civil Code, and may engage the Client's civil liability, giving rise to full compensation for the loss suffered by the Provider, including loss of earnings and non-material damage.
8.4 - Trading name and commercial identity
The trading name Speak French with Damien, together with all associated visual identity elements, including the logo, graphic charter, and visuals published on the website and social media, are the exclusive property of the Provider. Any use, reproduction, imitation, or association of these elements with a third party without prior written authorisation is strictly prohibited and constitutes an act of counterfeiting within the meaning of the French Intellectual Property Code.
8.5 - Evidence and presumption
The Provider retains, for each document transmitted, a timestamped record constituting proof of its prior existence and authorship. In the event of a dispute, this record constitutes admissible evidence before the competent courts. The Client may not claim ignorance of these prohibitions once they have accepted these T&Cs at the time of booking.
8.6 - Sanctions
Any breach of the provisions of this article engages the Client's civil and criminal liability. The Provider reserves the right to bring, without delay, any legal action deemed appropriate to put an end to the infringement of their rights, obtain the removal of unlawfully reproduced or distributed content, and obtain full compensation for the loss suffered, including non-material damage, loss of earnings, and legal costs, in accordance with Articles L331-1, L335-2 et seq. of the French Intellectual Property Code.
8.7 - Protection of the website and its content
The Provider's website, accessible at https://www.learnfrenchwithdamien.com, constitutes an original work protected in its entirety by copyright. The following elements are protected in particular: the structure and architecture of the website, all texts, descriptions, taglines, slogans, and written content, graphic elements, visuals, photographs, videos, and illustrations, as well as the general organisation and presentation of information.
Any reproduction, copying, imitation, or exploitation of all or part of the website, including its texts, structure, design, or visual identity, without the Provider's prior written authorisation is strictly prohibited and constitutes an act of counterfeiting within the meaning of Articles L335-2 et seq. of the French Intellectual Property Code, which may engage the civil and criminal liability of the person responsible.
Any act consisting of reproducing the general appearance of the website, imitating its structure or formulations with a view to creating confusion in the minds of the public, or misappropriating the distinctive elements of the Provider's commercial identity also constitutes an act of unfair competition within the meaning of Articles 1240 and 1241 of the French Civil Code.
Browsing the website does not confer any right to use, reproduce, or exploit the content published therein, beyond simple personal and non-commercial navigation.
Article 9 - Governing law and jurisdiction
9.1 - Governing law
These T&Cs and all contractual relations between the Provider and the Client are governed exclusively by French law, to the exclusion of any other national legislation or international treaty, and in particular to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980, which is not applicable to the services covered by these T&Cs.
This choice of law clause is stipulated in accordance with Regulation (EC) No 593/2008 of 17 June 2008, known as "Rome I". Clients residing in a member state of the European Union nonetheless benefit from the protection of the mandatory provisions of the law of their country of habitual residence that cannot be excluded by contractual agreement, in accordance with Article 6 of that Regulation. This reservation does not apply to Clients residing outside the European Union, for whom French law applies without restriction.
9.2 - Jurisdiction
Any dispute relating to the formation, interpretation, performance, or termination of these T&Cs that has not been resolved through the mediation procedure provided for in Article 10 shall be subject to the following jurisdictional rules.
For Clients residing in a member state of the European Union: in accordance with Regulation (EU) No 1215/2012, known as "Brussels I bis", the consumer Client may bring proceedings either before the courts of the place where they are domiciled or before the courts of the place where the Provider is established. The Provider may only bring proceedings against a consumer Client before the courts of that Client's domicile.
For Clients residing outside the European Union: the Marseille Civil Court (Tribunal judiciaire de Marseille) has sole and exclusive jurisdiction over any dispute relating to these T&Cs, without exception. The Client expressly acknowledges this attribution of jurisdiction and waives any right to invoke any other court, including that of their country of residence.
9.3 - Language of the contract
These T&Cs are drafted in French and translated into English. The French version is the sole contractually binding version between the parties and shall prevail in the event of any dispute. The English version is provided for informational and courtesy purposes only, it creates no independent contractual rights and may not be invoked to interpret, amend, or contradict the French version. In the event of any discrepancy between the two versions, the French version prevails without exception.
Article 10 - Mediation and dispute resolution
10.1 - Prior amicable resolution
In the event of a dispute relating to the performance of these T&Cs, the Client is invited to contact the Provider in the first instance by email at contact@learnfrenchwithdamien.com in order to seek an amicable resolution. The Provider undertakes to acknowledge receipt of any complaint within a reasonable timeframe and to provide a response within a maximum of thirty (30) days from receipt of the complaint.
No mediation procedure or legal action may be initiated without a prior attempt at amicable resolution having been made and having remained without a satisfactory outcome for a minimum period of thirty (30) days.
10.2 - Consumer mediation
In accordance with Articles L612-1 et seq. of the French Consumer Code (Code de la consommation), the consumer Client has the right to refer their dispute free of charge to a consumer mediator with a view to reaching an amicable resolution.
The Provider has designated the CM2C - Centre de Médiation de la Consommation de Conciliateurs de Justice as the competent mediator for any dispute relating to these T&Cs. The CM2C may be contacted:
Online: www.cm2c.net
By post: CM2C - 14 rue Saint-Jean, 75017 Paris
Any referral to the mediator must be made within one year of the written complaint addressed to the Provider. It will only be admissible if the Client can demonstrate that they have first attempted to resolve the dispute directly with the Provider in accordance with Article 10.1 of these T&Cs.
10.3 - European Online Dispute Resolution platform
In accordance with Regulation (EU) No 524/2013, Clients residing in a member state of the European Union may also use the European Online Dispute Resolution (ODR) platform, accessible at: https://ec.europa.eu/consumers/odr
This platform allows European consumers to submit disputes online, in their own language, without having to initiate court proceedings. Its use is free of charge.
10.4 - Non-binding nature of mediation
Mediation is a voluntary and non-binding procedure. The parties remain free to accept or reject any solution proposed by the mediator. Should mediation fail, the parties recover their full right to bring legal proceedings in accordance with the conditions set out in Article 9.2 of these T&Cs.
10.5 - Abusive complaints
The Provider reserves the right to decline any complaint that is manifestly unfounded, abusive, or made in bad faith, including any complaint relating to a session that was carried out, a session forfeited due to late cancellation or a duly recorded no-show, or any refund request contrary to the provisions of these T&Cs. In such cases, the Provider will notify the Client in writing with reasons for their decision.
Article 11 - Miscellaneous provisions
11.1 - Entire agreement
These T&Cs constitute the entire agreement between the Provider and the Client in respect of the services described herein. They supersede and replace any prior agreement, exchange, quote, proposal, or commitment, whether oral or written, relating to the same subject matter. No document issued by the Client, including purchase terms, confirmation emails, or order forms, may modify or supplement these T&Cs, even where the Provider has not expressly objected to its content.
11.2 - Amendments to the T&Cs
The Provider reserves the right to amend these T&Cs at any time. Amendments take effect upon publication on the Provider's website, with the version date shown at the top of the document updated accordingly. Services booked and paid for prior to any amendment remain subject to the version of the T&Cs in force at the time of booking. For any new booking, the applicable version is the one in force at the time of payment.
11.3 - Severability
If any provision of these T&Cs is declared null, unlawful, or unenforceable by a court of competent jurisdiction, such invalidity shall be limited to the provision concerned. All other provisions shall remain in full force and effect and shall continue to be binding on the parties. The parties undertake to replace the invalid provision with a valid provision producing, to the greatest extent possible, the same economic and legal effects.
11.4 - No waiver
The Provider's failure to rely on any provision of these T&Cs at any given time shall not constitute a waiver of the right to rely on that provision at a later date. Any one-off tolerance on the part of the Provider, including in relation to cancellation deadlines, rescheduling, or payment, creates no acquired right in favour of the Client and may not be invoked as a precedent, whether isolated or repeated.
11.5 - Notices and communications
Routine operational communications, including cancellations, rescheduling requests, information requests, and teaching-related exchanges, may be sent by email to the address indicated in Article 1 of these T&Cs, via the Acuity platform where applicable, or via any instant messaging application agreed between the parties (including WhatsApp). For routine communications, the date of receipt of the email by the Provider's server, or the date the message was sent as shown in the messaging application, shall be taken as the reference date.
The following formal acts require mandatory submission by recorded delivery letter with acknowledgement of receipt to the postal address indicated in Article 1: formal notice of default, termination of the contract at the Client's initiative, and formal challenge of a decision made by the Provider. Any formal act not submitted in this form shall be deemed null and void and shall have no legal effect. Verbal communications exchanged during sessions do not constitute valid notices within the meaning of these T&Cs.
11.6 - Evidence and traceability
The Provider retains, for each booking, the following records: timestamp of acceptance of the T&Cs via Acuity, payment confirmation, automatic confirmation and reminder emails, and attendance and absence records. These records constitute admissible evidence in the event of a dispute, in accordance with Articles 1365 et seq. of the French Civil Code relating to proof in electronic written form. The Client expressly acknowledges the probative value of these records from the moment they complete a booking via Acuity.
11.7 - Language of communication
Exchanges between the Provider and the Client may take place in French or in English, at the Client's choice and subject to the Provider's availability. The language used for day-to-day communication does not affect the contractual language of these T&Cs, which remains French in accordance with Article 9.3.
11.8 - Client testimonials and reviews
The Provider reserves the right to request feedback from the Client at any time, during or after the services, including by email or messaging. The Client is free to accept or decline. Where the Client gives their express consent, their testimonial, whether written, audio, or video, may be published by the Provider on their website, social media, or any other communication channel, with or without mention of the Client's first name, according to the Client's stated preferences. The Provider undertakes never to publish a review without the Client's prior express consent, and to remove any testimonial upon simple written request.
Article 12 - Permanent cessation of activity and permanent incapacity
12.1 - Personal nature of the services
The services provided by the Provider under these T&Cs are entered into intuitu personae, that is, in consideration of the Provider's identity. They may not under any circumstances be assigned, transferred, or subcontracted to a third party without the Client's prior written consent.
12.2 - Death or permanent incapacity of the Provider
In the event of the Provider's death or a medically certified permanent incapacity rendering the continuation of the activity permanently impossible, all contracts in progress are terminated by operation of law on the date the event occurs.
Any amounts paid by the Client for sessions not yet carried out at that date constitute a claim against the Provider's professional activity, repayable strictly within the limit of the professional funds available within the activity at the date of the event, and in accordance with the legal order of priority of creditors. No recourse may be exercised against the Provider's personal assets, those of their heirs, or those of their successors in title, beyond the available professional funds. The Client expressly acknowledges this limitation as an essential condition of the contract.
12.3 - Voluntary cessation of activity
In the event of the voluntary and permanent cessation of the Provider's activity, the Provider undertakes to notify active Clients by email at least thirty (30) days before the effective date of cessation. Sessions paid for but not yet carried out at that date will be refunded on a pro-rata basis within that same period. Should the Provider fail to give this notice period, the Provider's liability is strictly limited to the pro-rata refund of sessions not carried out, and no further compensation may be claimed.
The Provider reserves the right to temporarily suspend their activity for any legitimate personal reason, including parental leave, bereavement, illness of a close relative, care of a pet, or any other personal circumstance requiring a temporary unavailability, subject to notifying active Clients by email within a reasonable timeframe. Sessions not carried out during this period will be rescheduled upon resumption of activity within the current validity period, or will be subject to an exceptional extension of validity granted in writing.
12.4 - Extended temporary suspension
In the event of a temporary suspension of activity lasting more than ninety (90) consecutive days for any reason whatsoever, the Client may request termination of the contract and a pro-rata refund of sessions not carried out, by email to the Provider or their legal representatives.