Terms of Services
The website www.eulingual.com & lingowl.com & lingowlresources.com are published and made available to the public by
Joanne Kinahan Wall
5 Rue Paul Demange
78290, Croissy sur Seine
Siren: 788 687 408 (company registration number)
Siret: 788 687 408 00013(business registration number)
e-mail: firstname.lastname@example.org/ email@example.com
Telephone: +33 (0) 674919355
Web hosting services
Letshost.ie, Second Floor, 5 Ellis Quay, Dublin 7
Shopify Inc.126 York St.Ottawa, ON K1N 5T5,Canada
This website has been the subject of a declaration to the Commission ‘Nationale de l’Informatique et des Libertés’ (CNIL, an independent administrative authority protecting privacy and personal data) who issued an acknowledgment of receipt n°1632549 v 0 on 21-11- 2012.
In accordance with the law of 6 January 1978 as amended by the law of 6 August 2004, the User has a right of access and rectification over his personal data featured in PDO’s files. Any such request must be sent by email to: firstname.lastname@example.org or by post to the following address:Eulingual, c/o Kinahan, 5 Rue Paul Demange, 78290, Croissy sur Seine, France.
1stversion in effect from June 2012, 2nd version in effect from June 2013
Clause 1: Background
These terms and conditions of sale define the respective rights and obligations of Eulingual and the customer in relation to products offered by Eulingual on their website eulingual.com (hereafter to be revised to as, “the Website”). They apply exclusively between Eulingual situated at 5 Rue Paul Demange, 78290, Croissy sur Seine, France (hereafter, “PDO”), and any individual consumer intending to purchase or purchasing a product through the Website (hereafter, “the Customer”).
On the Website, PDO enables the Customer to order online books, cd’s and Dvd’s, and language learning products (thereafter, “the Product(s)”) in accordance with these terms and conditions.
Any order made from PDO triggers the unconditional acceptance by the Customer of these conditions. These general conditions of sale can be amended at any time without notice by PDO, the applicable conditions being those in force at the time of the order made by the Customer.
Clause 2: Products and conformity
2.1The Products on sale are offered on PDO’s website and are accompanied by a description.
2.2The Products offered by PDO are in conformation to the applicable regulations/legislation in France.
All elements such as photographs, textual information and graphics together with all information and characteristics illustration and/or accompanying the Products are not contractual and the Customer hereby acknowledges this.
Consequently, PDO shall not incur any responsibility for any mistake or omission of any such element or for any modification of such elements by the suppliers and/or editors.
Clause 3: Customer obligations
3.1The Customer shall be at least eighteen years old and shall be legally able or holder of parental authorization allowing him or her to make an order on the Website.
3.2 The Customer shall provide PDO with accurate information as required for the carrying out of PDO’s obligations under these conditions and as requested online and according to his position, and in particular his exact surname, first name, address, telephone number and email address.
The Customer is responsible for any consequences resulting from any false or inaccurate information or the use of which is illegal.
3.3Once an order is made, PDO will send an email to the Customer to confirm that order. PDO shall also inform the Customer when the order has been dispatched.
Clause 4: Price, availability and delivery
4.1Prices posted on the Website are in Euros (VAT not applicable, article 293 B of the General Tax Code), exclusive of any delivery charge.
The delivery charge shall be indicated in the Customer’s shopping basket, before the Customer makes final confirmation of his order.
The prices may be amended at all times, in particular to allow for sales and special discounts. The cost of any communication resulting from entering into and/or the execution of these terms and conditions shall be borne by the Customer.
4.2PDO will remain entitled to cancel or refuse an order in the event of any dispute with the Customer relating to an order previously made.
4.3PDO can accept orders up to the limit of available stocks. They shall inform the Customer of the availability of the Products sold on the Website at the time of confirmation of the order.
If however, despite PDO’s due care, the Products are no longer available, PDO shall inform the Customer of this by email as soon as reasonably possible. PDO shall not bear any responsibility for the unavailability of Products, whether temporary or permanent, nor shall it entitle the Customer to any compensation or damages.
In the event of a Product being temporarily unavailable, PDO shall inform the Customer of the new timeline provided by the suppliers and/or manufacturers of the relevant Product. The Customer shall also be able to sign up for an email alert in order to receive an email once the Product becomes available again. PDO shall be entitled to offer the Customer a replacement item of equivalent price and quality. In such circumstances, the cost of returning the Product subsequent to the exercise of the right of withdrawal shall be borne by PDO. In the event that PDO shall not be able to provide the Customer with an item of equivalent price and quality or if the Customer does not wish to receive the item of equivalent price and quality, he/she shall be entitled to cancel the order.
In the event of a Product becoming permanently unavailable, and should PDO not be able to provide the Customer with an item of equivalent price and quality, the Customer’s order shall be cancelled automatically.
4.4In order to purchase a Product, the Customer can right-click on its graphic representation. That product will then be added to the Customer’s shopping basket already containing, where applicable, those other items which the Customer wishes to purchase and previously added to the shopping basket. The Customer hereby declares that he holds all necessary authorizations to use the method of payment when he confirms the order. He shall also ensure his solvency before the making of any order, without which PDO shall be prevented from proceeding with the delivery of the Products ordered. In the event the Customer is lacking funds, PDO shall be entitled to suspend or cancel any order or delivery for non-payment or cancellation of payment by the Customer.
4.5PDO delivers its Products to France, including Corsica, Monaco as well as to Germany, Austria, Belgium, Denmark, Spain, Finland, Italy, Ireland, Luxembourg, the Netherlands, Norway, Portugal, Sweden, Switzerland, the United Kingdom, Australia and the United States.
The Products are dispatched with the delivery note, to the delivery address specified by the Customer at the time of the order. The delivery cannot be made to hotels or PO Boxes. The timing for delivery specified on the Website is provided for information purposes only and corresponds to the average time required to process and deliver the order. In order for this timing to be respected, the Customer must ensure that he has provided accurate and complete information relating to his address for delivery (such as, in particular: the road number, building number, accurate stairwell, access codes, names and/or numbers for the intercom, etc.). PDO shall in no way be responsible for the consequences of any delay which cannot be attributed to it. In the event of any damaged package (already open, missing products…), the Customer shall notify the carrier and PDO, by any means, of any query as soon as possible and in any event no later than three (3) days following the receipt of the product.
Clause 5: Payment
Payment is secured. PDO shall never be in possession of the Customers’ bank details. Payment can be made by PayPal, credit-card, or by cheque for Metropolitan France only.
To pay by cheque (for Metropolitan France only), the Customer shall send his/her cheque to the following address:
Lingowl, C/O Kinahan , 5 Rue Paul Demange, 78290, Croissy sur Seine
PDO shall be able to confirm or dispatch the order only on receipt of the cheque. The cheque should be made out to: Joanne Kinahan
Clause 6: Tariffs and Customs Duties
All orders made on the Website and delivered outside of France shall be subject to any applicable taxes and customs duties due when the package reaches its destination. Any such customs duties and taxes relating to the delivery of a Product shall be owed by the Customer, who shall be solely responsible for their payment. PDO shall not be responsible for checking and informing the Customer of the customs duties and applicable taxes. To find out, PDO recommends that the Customer contact the relevant competent authority in his country.
Clause 7: Return and Exchange Policy – Cancellation Rights
Within twenty (20) days from the receipt of the order, the Customer shall have the right to return or exchange the Product(s).
To do so, the Customer shall first request an exchange or return via the website, or by e-mail or telephone. Should the request for a return be approved by PDO, PDO shall then send an e-mail explaining the return and exchange procedure.
The Product must be returned in 20 days time, in its original packaging and condition, new, unused, and together with the invoice (or a copy), sent with order tracking to the following address:
Lingowl, c/o Kinahan
5 Rue Paul Demange, 78290, Croissy sur Seine
Any return or exchange is at the Customer’s own risk. PDO recommends the Customer to return its products with registered delivery or insurance to the commercial value of the products, guaranteeing him, if necessary, the compensation for the products matching their real commercial value in the event of damage or loss of these goods. In all cases, the return is carried out at the Customer's own risk. It will be up to the customer to preserve any proof of return. Return transport fees are paid by the Customer.
If the returned Product has not been returned by the Customer within one week after reception of the return authorization, the return request is considered annulled and the Customer has to keep the product.
If the return is due to PDO's fault (default, wrong product sent...), PDO should reimburse return transport fees. The Customer should send the invoice of Transport fees to PDO in order to be reimbursed.
The returned Product shall be reimbursed or exchanged within fifteen (15) days from its receipt by PDO. The reimbursement does not include transport fees or return fees. If the Customer chooses to receive a refund, the Customer’s bank account will be credited with the amount of the purchase price via the payment method the Customer used when placing the order: via paypal or cheque. If the Customer chooses to receive a voucher, PDO will send the voucher with the value of the purchase price of the returned product via e-mail. If the Customer chooses for an exchange, PDO will ship the article (PDO will take charge of the shipping costs of the exchange). Exchanges only apply to products of the same reference for another size.
If the Customer fails to comply with the above return and exchange policy, PDO shall not refund the Products concerned.
Clause 8: Gift Certificates
Customers can also purchase gift certificates on PDO’s website. If the Customer’s purchase is limited to gift certificates only, delivery shall be made free of charge.
Gift certificates are shipped by PDO via the services offered by the French postal service ‘La Poste’, to the recipients and at the addresses specified by the Customer.
The gift certificate shall remain valid for a period of nine (9) months from the date the order is made by the Customer. The amount on the gift certificate must be used on a single order. Should the amount on the gift certificate exceed the amount of the order, the remaining amount on the gift certificate shall not be recoverable.
Any person making use of a gift certificate must also bear the cost of delivery relating to that order (unless it falls within a “Free delivery” promotion).
Clause 9: Newsletters
Any person registered on the Website can subscribe to PDO’s newsletters. Any such subscriber shall receive on average one email a month and can at any time unsubscribe through the link to that effect which appears on the newsletter or by sending an email to the following address: email@example.comfirstname.lastname@example.org
Clause 10: Transfer of Ownership
Ownership of the Products shall only transfer from PDO to the Customer once full payment of the price is made by the Customer.
Should the Customer fail to make full payment within 15 calendar days following delivery, the Customer shall return the Products at his own cost, and the contract shall be deemed rescinded from the time of receipt by PDO of the Products returned to it in good condition.
Clause 11: Warranties and Responsibility
PDO has only a best efforts obligation in relation to all steps involved in accessing the Website, from ordering the item to its dispatch and any follow-on services. PDO shall not be responsible for any inconvenience or damage caused by the use of the internet network, including any service disruption, external interference or the existence of viruses, or of any event deemed to be force majeure, in accordance with relevant legislation and case law.
Clause 12: Intellectual Property
The Customer shall in no circumstance download or modify all or any part of the Website and in particular, its content (listed products, descriptions, images, videos, blog articles…).
This Website or any part of this Website must not be reproduced, copied, sold or exploited for commercial purposes without the express and written consent of PDO.
More generally, PDO or its partners/suppliers shall have full ownership of all copyright, trademarks and other distinctive marks and property right or intellectual property featured on the Website.
The Customer is therefore required to respect these intellectual property rights and can in no circumstance use any of the trademarks featured on the Website and on the Products, where applicable, or seek to file a trademark which could prejudice the owner of such rights, unless otherwise agreed contractually.
Such provision shall apply equally to all other intellectual property rights.
Clause 13: Data Protection
PDO shall use the Customer’s confidential information only for the purposes of operating the Website.
The Customer acknowledges that, in order to ensure the good progress of an order, nominative details will be processed electronically.
As such, information relating to the Customer can be notified to technical service providers. The use of Customer details shall be made in accordance with the Customer’s preferences specified at the time of the registration.
The Customer shall be entitled to object to the potential transfer of his personal data to a third party, but such objection could result in PDO being unable to process his order.
Moreover, PDO can apply technical means to obtain non-personal data relative to internet users and intended to improve the website’s features, for example by tracking the number of visitors on certain pages.
In accordance with the law of 6 January 1978 as amended by the law if 6 August 2004, the Customer has a right of access and rectification over his personal data featured in PDO’s files. Any such request must be sent by email to email@example.com or by post to the following address: Lingowl, c/o Kinahan, 5 Rue Paul Demange, 78290, Croissy sur Seine, France. This electronic data processing has been the subject of a declaration to the Commission Nationale de l’Informatique et des Libertés (CNIL, an independent administrative authority protecting privacy and personal data) who issued an acknowledgment of receipt n°1632549 v 0 on 21-11-2012.
Clause 14: Force Majeure
In the event of force majeure, the party concerned shall inform the other party within fifteen (15) days from the occurrence of the event, by registered letter with acknowledgment of receipt.
Those events which are expressly deemed to be force majeure or fortuitous, other than those generally considered as such by the case law of the French courts, include total or partial strikes, lock-out, riots, boycotts or other industrial actions or commercial disputes, civil disturbance, insurgency, war, adverse weather conditions, epidemic, failure of transportation or supply for any reason whatsoever, earthquake, fire, storm, floods, water damage, governmental or legal restraints, legal or regulatory changes to forms of marketing, computer failure, failure of telecommunications systems, including telecoms networks wireless or otherwise, and all other events outside the control of the parties preventing the normal performance of the contractual relationship.
All obligations of the parties will be suspended throughout the duration of the event of force majeure, without giving rise to any right to compensation.
Should the event of force majeure continue for more than three (3) months, either party may terminate the contract, such termination not giving rise to any compensation.
Clause 15: General Provisions
In the event that any provision of these terms and conditions is found to be void or unenforceable by any court of competent jurisdiction, such provision shall be deemed to have been deleted without affecting the remaining provisions of these terms and conditions.
These terms and conditions can be varied by PDO at any time without notice, and the applicable terms and conditions shall be those in force at the time the order is made by the Customer.
These terms and conditions are available at all times on the following address: eulingual.com/terms & conditions
15.3. Governing Law and Jurisdiction
These terms and conditions are governed by and construed in accordance with the laws of France in regards to both substance and form. The parties shall first attempt to settle any dispute amicably.
In the absence of any amicable settlement, the competent courts of France shall have jurisdiction over the dispute, notwithstanding any guarantee calls or the existence of more than one defendant.
15.4.: Extracts of applicable legislation (Ordinance 2005-136 dated 17 February 2005, Consumer Code, Civil Code)*
Article L.211-4 of the Consumer Code
The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefore or had it carried out under his responsibility.
Article L.211-5 of the Consumer Code
- To conform to the contract, the product must:
1° Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labeling;
2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L.211-12 of the Consumer Code
Action resulting from lack of conformity lapses two years after delivery of the product.
Art.1641 of the Civil Code
A seller is bound to a warranty on account of the latent defects of the product sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.
Art.1648 paragraph 1 of the Civil Code
The action resulting from redhibitoryvices must be brought by the buyer "within a period of two years following the discovery of the vice" (Ord. no 2005-136 of 17 Feb. 2005).
* Translation of the French legislation obtained from the official public sector portal Légifrance (http://www.legifrance.gouv.fr/)