Terms of sale to consumers

1.Purpose

These terms of sale, hereafter the "Terms", set out the conditions under which HOLANGCOURS sells language learning courses, digital content, digital services, assessments, coaching sessions and related resources to customers acting as consumers, from the site holangcours.com and its subdomains.

They apply only to purchases made in a personal capacity by a natural person not acting in the course of their professional activity.

Sales to educational institutions, companies, associations, public bodies or other professional customers are governed by separate contractual terms. The same applies to making the software available to an organisation that operates its own training space.

These Terms are accessible before any order. Acceptance is recorded by a tick box that is not pre-selected. The consumer acknowledges having been able to read, download and keep them before confirming the order.

2.Seller identification

The products and services are sold by Jimmy FELIX EI, sole trader, trading under the business name EUDUC.

• Legal form: Entrepreneur individuel, régime de la micro-entreprise
• Business name: EUDUC
• SIREN: 984 787 549
• SIRET of the main establishment: 984 787 549 00018
• Registration: French National Business Register
• Business address: 142 rue de Rivoli
  75001 Paris, France
• E-mail address: infos@euduc.com
• VAT: VAT not applicable under Article 293 B of the French General Tax Code, subject to any change in the tax regime applicable to the business and to the specific rules governing international transactions.

HOLANGCOURS is a brand operated by Jimmy FELIX EI. Commitments made under the HOLANGCOURS brand bind Jimmy FELIX EI.

3.Legal capacity and territory

To place an order, the customer must be at least eighteen years old and have the legal capacity to enter into the contract.

Where a course is intended for a minor learner, the purchase must be made or expressly authorised by their legal representative, who remains responsible for the minor's use of the service.

The site may be accessed from various countries. However, not every offer is necessarily marketed in every territory. HOLANGCOURS may refuse an order where a legal, regulatory, tax, technical or contractual restriction prevents supply of the product or service in the country concerned.

4.Features of the offers

The essential features of each offer are presented on its sales page before the order.

Depending on the offer chosen, a purchase may include:

• online lessons, written, audio or video;
• texts, illustrations, exercises, dictations or downloadable documents;
• a progressive learning path aligned with the levels of the Common European Framework of Reference for Languages;
• automated assessments or questionnaires, including the placement test;
• access to a personal space and a document vault;
• video sessions with a teacher, where the formula provides for them;
• individual correction of submitted work, where the formula provides for it;
• a personal learner card;
• a course certificate, under the conditions of Article 6.

The offer page states in particular its content, objectives, audience, starting level and target level, any prerequisites, its estimated teaching duration, the language taught and the support language, access arrangements, availability period and, where applicable, the conditions for obtaining a certificate.

Photographs, illustrations, extracts and presentation videos are illustrative. Only the features expressly announced on the sales page and in the order confirmation have contractual value.

5.Access credits and gifted courses

A customer may buy several accesses to the same course. Each additional access is an access credit, which they may later assign to a learner of their choice by means of a code.

An unassigned access credit remains valid for the period stated at the time of the order. It cannot be resold, exchanged for cash or transferred outside the features provided for that purpose.

An access code is single-use and becomes personal to the learner who activates it. Once activated, it opens an access subject to the same rules as any other, in particular those of Article 12.

HOLANGCOURS may also open an access without payment. Such an access gives no right to a refund and is in no way distinguishable, for the learner or for their teachers, from an access acquired otherwise.

6.Certificates and absence of certification

HOLANGCOURS does not certify. It takes you to the level.

Unless expressly stated otherwise on the offer page, HOLANGCOURS courses are teaching resources for personal learning or improvement.

The use of the words "course", "level", "assessment", "placement test" or "certificate" does not mean that the offer delivers a State diploma, a professional title, a certification registered with the French RNCP, a certification listed in the Répertoire spécifique, university credits or any officially recognised qualification.

Certificates issued are aligned with the Common European Framework of Reference for Languages and attest to a level assessed internally. They carry a verification code allowing a third party to check their authenticity on the site.

HOLANGCOURS is neither an examination centre nor a centre accredited by a certifying body. Official examinations are administered exclusively by the bodies accredited in each country.

Unless stated otherwise, the courses are not eligible for the French personal training account and give rise to no public or pooled funding.

7.Technical requirements

Using the services requires at least:

• an Internet connection;
• a valid e-mail address, checked regularly;
• a compatible computer, tablet or phone;
• an up-to-date Internet browser;
• the technical features essential to the operation of the service being enabled;
• software able to open the document formats offered, where applicable;
• for video sessions, a working camera and microphone.

The site is designed to work over slow connections and on older devices. Video and audio content remains the most demanding: comfort there depends on the available bandwidth.

Any additional requirements are stated on the offer page.

The customer remains responsible for their equipment, their connection, the security of their device and any charges billed by their Internet service provider.

Before ordering, the customer must check that their technical environment is compatible with the features announced.

8.Prices

Prices are stated in euros and correspond to the total amount due for the selected offer, subject to any fees or taxes clearly indicated before the order is confirmed.

HOLANGCOURS currently benefits from the French VAT exemption for small businesses. The statement "VAT not applicable, Article 293 B of the French General Tax Code" appears on invoices where applicable.

Conversions shown in other currencies are indicative. Invoicing is in euros. The amount actually debited depends on the rate applied by the customer's bank.

For customers outside France, the final price may be adjusted according to the indirect taxes applicable in the country of consumption. The total amount actually due is shown to the customer before the order is finally confirmed.

Where payment is made from an account denominated in another currency, the payment provider or the customer's bank may apply a conversion rate or additional charges. Those charges are not collected by HOLANGCOURS.

HOLANGCOURS may change its prices at any time. The applicable price remains the one displayed and accepted at the time of the order.

Discounts, promotional codes and temporary offers are subject to the conditions and validity periods stated when they are presented. They are not retroactive and cannot be converted into cash.

9.Ordering process

To place an order, the customer must:

• select the desired offer and, where applicable, the number of accesses;
• read its essential features and its price;
• check the details of the order in the basket;
• correct, if necessary, input errors and quantities;
• provide the information needed for invoicing;
• read these Terms and accept them by means of a tick box that is not pre-selected;
• choose the arrangements regarding the start of performance and the right of withdrawal;
• provide the information needed for payment;
• finally confirm the order by means of a button bearing the words "Order with obligation to pay" or an equivalent, unambiguous wording.

Before final confirmation, the customer may check and change the content of the order and the information provided. The price shown in the basket is recalculated on every change; the price recorded on the order is fixed at the moment of confirmation.

No account creation is required to order. A name and a valid e-mail address are needed to open the access and issue the invoice.

The order becomes final once payment is confirmed and HOLANGCOURS has sent an order confirmation on a durable medium, usually by e-mail.

That confirmation sets out in particular the features of the offer, the price paid, these Terms, the access arrangements and, where applicable, the customer's agreement to immediate access and their acknowledgement of the loss of the right of withdrawal.

HOLANGCOURS may refuse or cancel an order in the event of suspected fraud, a payment incident, manifestly incorrect information, abusive use of the service or an unresolved earlier dispute with the customer. The customer is informed, and any sums collected are refunded, except in the event of proven fraud or a contrary legal provision.

10.Payment

Payment is made online by the means offered at the time of the order, in particular by bank card.

Card payments are processed by a specialist provider in a secure environment. HOLANGCOURS has no access to the customer's full card number.

The payment provider may carry out checks, in particular strong authentication, in order to prevent fraud.

If payment is refused, the authorisation expires or a payment incident occurs, the order is not completed and access to the service is not opened.

An invoice is made available in the customer's personal space and sent electronically to the address provided. The customer expressly agrees to receive invoices in electronic form.

An issued invoice is never altered. Where a refund occurs, it gives rise to a credit note, a separate document naming the original invoice and carrying the amount returned.

11.Supply and duration of access

Where the customer has validly requested immediate access, the course is normally made available without undue delay after payment is confirmed.

The credentials, links or codes required are shown in the personal space or sent to the e-mail address given at the time of the order.

The duration of access is stated on the offer page and in the order confirmation. It may be limited or unlimited depending on the offer.

So-called "unlimited" access means access for as long as HOLANGCOURS commercially and technically operates the service. It is not a guarantee of perpetual hosting. If the service is permanently discontinued, HOLANGCOURS informs the customers concerned within a reasonable time and, where technically and legally possible, allows them to retrieve the downloadable resources included in their purchase and their certificates.

Where the offer page states no duration, access is granted for the period specified at the time of the order, from the order confirmation.

Monthly subscription. The subscription gives access to all published courses for one month. When paid by card, it renews automatically each month and the price accepted at the time of subscription is charged at each renewal; each renewal gives rise to an invoice. The customer may cancel at any time, free of charge, from their personal space ("My account", then "Manage or cancel my subscription"): cancellation takes effect at the end of the month already paid, until which access is maintained, and no further payment is taken. The current month is not refunded, unless the law provides otherwise. When paid by another method, the subscription does not renew automatically: a reminder is sent before it ends and, without renewal, access is suspended at the end of the period; the customer's progress is kept.

The customer must promptly report any non-receipt or difficulty of access to infos@euduc.com.

12.Personal access and account security

Access to the account, courses and assessments is strictly personal, unless a family, group or institutional licence has expressly been purchased.

The customer undertakes to:

• provide accurate information;
• keep their credentials confidential;
• not share, assign, rent or resell their access;
• not allow several people to use an individual licence;
• promptly inform HOLANGCOURS of any unauthorised access or compromise of their account;
• not circumvent security measures or technical limitations.

Any action carried out from the customer's account is presumed to have been performed by them, unless fraudulent access is proven and reported within a reasonable time.

13.Coaching sessions and corrected work

Where the chosen formula includes video sessions, their number, duration, frequency and booking arrangements are stated on the offer page.

A booked session may be cancelled or moved by the customer within the period stated at the time of booking. After that period, the session is deemed due, save for a legitimate reason.

Where HOLANGCOURS cancels a session of its own doing, the session is rescheduled or, failing a reschedule within a reasonable time, refunded pro rata.

Where the formula includes correction of work, the indicative turnaround time is stated on the offer page. Corrections relate to the work submitted and do not constitute an examination.

Recording a session by the customer is not permitted without the prior written agreement of the teacher and the other participants.

14.Right of withdrawal

Principle. Under Article L.221-18 of the French Consumer Code, the consumer has in principle a period of fourteen days from the conclusion of the contract to exercise their right of withdrawal, without having to give reasons.

Immediate access to digital content. Under Article L.221-28, 13° of the French Consumer Code, the right of withdrawal can no longer be exercised for digital content not supplied on a tangible medium where:

• performance has begun before the end of the withdrawal period;
• the consumer has given prior express agreement to performance beginning immediately;
• the consumer has expressly acknowledged that they would lose their right of withdrawal;
• HOLANGCOURS has confirmed that agreement and acknowledgement on a durable medium.

Merely accepting these Terms does not, in itself, amount to express agreement to immediate performance or to acknowledgement of the loss of the right of withdrawal.

At the time of the order, a customer wishing to access the content immediately confirms a specific declaration by means of a tick box that is not pre-selected. Immediate access is opened only once that agreement and acknowledgement have validly been obtained.

As soon as supply of the digital content has actually begun on those conditions, the customer loses their right of withdrawal for that content. That loss does not affect their rights under the legal guarantee of conformity.

If the customer does not request immediate access, access is opened at the end of the fourteen-day period.

Separate services. Where an offer includes a service distinct from the digital content, in particular a video session or individual correction, the loss of the right of withdrawal applicable to the digital content does not automatically extend to that service.

If the customer expressly requests that the service begin before the end of the withdrawal period and then withdraws before it has been fully performed, they may be liable to pay an amount proportionate to the service already performed, under the conditions laid down by law.

The right of withdrawal is lost for a service fully performed before the end of the period only where performance began with the consumer's prior express agreement and after their acknowledgement of the loss of that right once the service had been fully performed.

Exercising the right. Where the right of withdrawal still applies, the customer may exercise it using the feature provided on the site, using the form in Article 27, or by any unambiguous statement sent to infos@euduc.com.

The request must be sent before the applicable period expires. Where it is made using the online feature, HOLANGCOURS sends the customer an acknowledgement on a durable medium stating in particular the content, date and time of the request.

Refund. In the event of a valid withdrawal, HOLANGCOURS refunds the sums due no later than fourteen days after the date on which it is informed of the customer's decision.

The refund is made, unless impossible or otherwise agreed, using the same means of payment as the one used for the order and at no additional cost to the customer.

15.Legal guarantee of digital conformity

The digital content and services supplied by HOLANGCOURS benefit from the legal guarantee of conformity provided for in Articles L.224-25-12 to L.224-25-26 of the French Consumer Code.

The consumer is entitled to have the digital content or digital service brought into conformity in the event of a lack of conformity appearing within the applicable legal period from its supply.

Where the contract provides for a single supply or a series of separate supply operations, the consumer benefits from the legal presumption that defects appearing within the period laid down by law existed at the time of supply.

Where the contract provides for continuous supply over a given period, HOLANGCOURS is liable for lacks of conformity appearing throughout the contractual supply period.

The guarantee includes supplying the updates needed to maintain conformity of the content or service during the applicable period.

In the event of a defect, the consumer is entitled to have conformity restored free of charge, without undue delay and without major inconvenience.

Where restoring conformity is impossible, refused, unjustifiably delayed, causes major inconvenience or where the defect persists, the consumer may obtain a price reduction or rescission of the contract under the conditions laid down by law. A price reduction or immediate rescission may also be sought where the defect is sufficiently serious.

Any period of unavailability needed to restore conformity suspends the remaining guarantee period.

These rights are exercised free of charge by contacting HOLANGCOURS at infos@euduc.com.

The consumer also benefits, where its conditions are met, from the guarantee against hidden defects provided for in Articles 1641 to 1649 of the French Civil Code, for two years from discovery of the defect.

No provision of these Terms may exclude or limit those legal guarantees.

16.Updates and changes to the service

HOLANGCOURS supplies the updates needed to maintain the conformity and security of the service during the applicable supply period.

Changes may also be made to correct an error, improve the content, adapt teaching methods, strengthen security, ensure technical compatibility or comply with a legal obligation.

Where a change goes beyond what is needed to maintain conformity and adversely affects access to or use of the service in a way that is not minor, the customer is informed on a durable medium. They then have the rights provided for by the French Consumer Code, including, where the legal conditions are met, the right to terminate the contract free of charge.

17.Availability, maintenance and support

HOLANGCOURS uses reasonable means to ensure the availability, security and proper operation of the services.

Access may be temporarily interrupted because of maintenance, an update, a security operation, a technical incident or an event beyond HOLANGCOURS's control.

Where reasonably possible, planned maintenance likely to cause a significant interruption is announced in advance.

In the event of difficulty, the customer may contact support at infos@euduc.com. HOLANGCOURS endeavours to reply within a reasonable time given the nature and complexity of the request.

18.Intellectual property

Purchasing a course transfers no intellectual property rights to the customer.

The customer receives only a personal, limited, non-exclusive, non-assignable and non-transferable right to use the content for their private needs.

Unless previously authorised in writing or permitted by law, it is prohibited to:

• reproduce or distribute the content;
• record or republish the videos, audio recordings and sessions;
• pass on documents or access codes to a third party;
• resell or commercially exploit the resources;
• use the content to train third parties;
• substantially modify, translate or adapt the content;
• extract data in bulk or circumvent technical protections.

Any unauthorised use may lead to suspension of access and engage its author's civil or criminal liability.

19.Suspension or removal of access

HOLANGCOURS may temporarily suspend access in the event of:

• a security incident;
• fraudulent or manifestly abusive use;
• unauthorised sharing of credentials;
• an attempt to intrude or circumvent protections;
• conduct harming the operation of the service, other learners or the rights of third parties.

Save in an emergency, in the event of fraud or of a security risk, the customer is first informed of the breach alleged and has a reasonable period to remedy it.

Permanent removal of access may occur only in the event of a sufficiently serious or repeated breach, without prejudice to the consumer's mandatory rights.

20.Learning outcomes

HOLANGCOURS undertakes to supply the content and services described in the offer, but does not guarantee any particular academic, university, professional, linguistic, financial or commercial outcome.

Results depend in particular on the customer's starting level, diligence, the time devoted to the course, their participation and their personal circumstances.

Reaching a level of the Common European Framework of Reference for Languages cannot be guaranteed within a given time. The durations announced are teaching estimates.

The content does not replace individualised legal, tax, medical, financial or professional advice where such advice is needed.

21.Liability and force majeure

HOLANGCOURS is liable for the proper performance of its contractual obligations under the conditions laid down by law.

Its liability cannot be engaged where non-performance or improper performance results from the customer's fault, from an unforeseeable and insurmountable act of a third party to the contract, or from force majeure within the meaning of Article 1218 of the French Civil Code.

No provision of these Terms limits the consumer's rights or HOLANGCOURS's liability where such a limitation is prohibited by a mandatory rule.

22.Personal data

Personal data is processed under the conditions described in the Privacy policy.

The customer should read that policy to learn the purposes of processing, their legal bases, the recipients of the data, retention periods, any international transfers and their rights.

Any request concerning personal data may be sent to infos@euduc.com.

23.Evidence and archiving

Computerised records kept under reasonable security conditions may be used as evidence of orders, payments, communications, connections and acceptances obtained, without depriving the customer of the right to adduce evidence to the contrary.

Contracts concluded electronically for a sum equal to or greater than 120 euros are archived for ten years from the supply of the service. The customer may request a copy by writing to infos@euduc.com and providing the information identifying their order.

The order confirmation, the invoice and the applicable Terms are provided to the customer on a durable medium.

24.Complaints

Any complaint should be addressed first to HOLANGCOURS:

• by e-mail: infos@euduc.com
• by post: HOLANGCOURS, Jimmy FELIX EI, 142 rue de Rivoli
  75001 Paris, France

To help it be handled, a complaint should state the customer's identity, the order reference and a sufficiently precise description of the problem encountered.

25.Consumer mediation

The site is in a pre-launch phase and does not yet offer paid transactions to consumers. Before sales open, HOLANGCOURS will join a listed consumer mediation scheme; the mediator's name, contact details and the procedure for referral will then be inserted below.

No paid transaction is offered until that membership is effective.

26.Governing law, courts and severability

These Terms are governed by French law.

Where the customer resides in another country, that choice does not deprive them of the mandatory protections they enjoy under the law applicable in their country of residence.

In the event of a dispute, the parties will first seek an amicable solution. Failing an amicable agreement or mediation, the consumer may bring the matter before the competent courts under the applicable legal rules. No provision of these Terms requires the consumer to bring proceedings exclusively before a court located in Paris.

HOLANGCOURS may amend these Terms for future orders, in particular to take account of legal, regulatory, tax, technical or commercial developments. The version applicable to an order is the one accepted by the customer when confirming it and attached to the order confirmation. A later amendment does not apply retroactively to orders already concluded, except where it results from a mandatory legal provision or is accepted by the customer.

If a provision of these Terms is declared void, unlawful or unenforceable, the remaining provisions remain in force, unless the provision concerned was a decisive element of the parties' consent.

HOLANGCOURS's failure to exercise a right immediately does not constitute a waiver of the right to exercise it later.

27.Annex: model withdrawal form

This form should be used only where the right of withdrawal still applies.

To:
HOLANGCOURS, Jimmy FELIX EI
142 rue de Rivoli
75001 Paris, France
infos@euduc.com

I hereby give notice of my withdrawal from the contract for the following course, digital content or digital service:

• Name of the offer:
• Order number:
• Date of the order:
• Consumer's surname and first name:
• Consumer's address:
• E-mail address used for the order:
• Date of the request:

Consumer's signature, only where the form is sent on paper.