Terms and Conditions of Sale

These Terms and Conditions of Sale govern the provision of English-language training, professional communication training and private English lessons by Adam Gabriela-Florentina EI.

1.General provisions applicable to all clients

1.1 Service Provider

The services are provided by:

Adam Gabriela-Florentina EI

Address: 37 Rue Saint Isidore, 69003, Lyon, France

SIREN: 848626586

SIRET: 84862658600038

APE: 8559B

NDA: 84420350142

Intra-community VAT number: FR19848626586

Email: contact@professional-english.eu

1.2 Scope

These Terms and Conditions apply to:

• companies and organisations purchasing training or professional communication services;
• training providers and other professional intermediaries commissioning services;
• professionals purchasing services for purposes relating to their business activity;
• individual consumers purchasing flexible private English lessons directly.

Services may be delivered online, at the Client’s premises, at another agreed location or through a combination of online and in-person delivery.

Additional provisions applicable to Business Clients appear in Section 2.

Additional provisions applicable to consumers purchasing private lessons appear in Section 3.

Where a quotation, training agreement, individual training contract, subcontracting agreement or other document contains specifically agreed provisions, those provisions take precedence over these Terms and Conditions in the event of a conflict.

1.3 Definitions

Service Provider means Adam Gabriela-Florentina EI.

Client means the person or legal entity purchasing the services.

Business Client means a natural or legal person purchasing services for purposes relating to a commercial, industrial, craft, liberal, agricultural or other professional activity.

Consumer means a natural person purchasing services for purposes outside their commercial, industrial, craft, liberal or agricultural activity.

Participant means the person attending the training or lessons. The Participant and Client may be different people when an employer, training provider or other organisation purchases training for someone else.

1.4 Services

Depending on the agreed arrangements, the services may include:

• General or Business English lessons;
• professional communication training;
• language and communication assessments;
• needs analysis;
• individually tailored or small-group programmes;
• preparation for meetings, presentations, negotiations or interviews;
• profession-specific language development;
• intercultural communication;
• progress monitoring and feedback;
• examination preparation;
• workshops and related services.

The website provides general information. It does not constitute a binding offer or guarantee that a particular service, schedule or trainer will be available.

The precise content, objectives, duration, delivery method, schedule and price are confirmed in the relevant quotation, booking confirmation, programme, training agreement or contract.

Examination preparation does not include registration for an examination unless expressly stated. Examination dates, fees, rules, results and certificates are determined by the relevant examination body. The Service Provider is not responsible for decisions, cancellations or changes made by that body.

1.5 Formation of the contract

The Client receives the relevant information about the service and price before being bound.

A booking or order becomes binding when:

• the Client signs or formally accepts a quotation, agreement or contract;
• the Service Provider confirms the booking in writing; or
• the Client makes the agreed payment after receiving the applicable terms and booking information.

Acceptance may be given by handwritten signature, electronic signature or an unambiguous written confirmation by email.

A quotation remains valid for 30 calendar days from its issue date unless it specifies another validity period.

The Service Provider may refuse or postpone a request where the service is unavailable, the information supplied is incomplete, a previous invoice remains unpaid or the request presents a legitimate legal, ethical, organisational or safety concern.

1.6 Electronic communications and evidence

Quotations, booking confirmations, invoices, acceptances and notices may be exchanged electronically. Emails, electronic signatures, invoices and payment records may be retained as evidence of the parties’ communications and transactions, subject to applicable law.

1.7 Prices

Prices are stated in euros.

The applicable price is confirmed before the Client places the order. The quotation, booking confirmation or invoice will state whether the price is exclusive of VAT, inclusive of VAT or exempt from VAT under the applicable French tax rules.

Travel, accommodation, room hire, examination fees, licences and other additional expenses are charged only where they appear in the quotation or have been approved by the Client in advance.

No discount is granted for early payment unless expressly stated.

1.8 Payment

Payment is made by bank transfer to the account shown on the invoice unless another method has been agreed.

The amount, due date and payment schedule appear in the relevant quotation, confirmation, agreement or invoice.

Depending on the service, payment may be requested per lesson, monthly, in instalments, for a package or following delivery.

Different statutory payment rules may apply to an individual personally financing a structured vocational-training programme. Those rules will be stated in the required individual training contract.

1.9 Scheduling and attendance

Sessions are scheduled by mutual agreement and subject to availability.

The Client or Participant must attend at the agreed time.

If a Participant arrives late, the session will normally finish at the originally agreed time and remains payable in full.

If the Service Provider is late, the lost time will be added to the session or otherwise replaced.

1.10 Cancellation and rescheduling by the Client

A request to cancel or reschedule a session must be sent as soon as possible.

Unless a different condition appears in the relevant agreement:

• a session cancelled or rescheduled at least 24 hours before its starting time may be rearranged without charge, subject to availability;
• a session cancelled or rescheduled less than 24 hours before its starting time is considered delivered and remains payable;
• failure to attend without prior notice is considered a completed session and remains payable.

For group training, the absence of one or more Participants does not normally result in cancellation if the session can still be delivered.

Serious and unforeseeable circumstances will be considered reasonably and in good faith.

This cancellation policy does not restrict mandatory consumer rights or the statutory consequences of duly established force majeure.

1.11 Cancellation by the Service Provider

If the Service Provider cannot deliver a session, the Client will be informed as soon as reasonably possible.

The session will be rescheduled by mutual agreement. If rescheduling is not reasonably possible, any amount paid specifically for the undelivered session will be credited or refunded.

A session cancelled by the Service Provider will not be deducted from a prepaid programme or package.

1.12 Client and Participant responsibilities

The Client and Participants agree to:

• provide accurate information relevant to the service;
• attend and participate in the agreed activities;
• behave respectfully;
• comply with reasonable technical and organisational instructions;
• avoid sharing confidential, sensitive or third-party personal information unless its use is necessary and authorised;
• respect intellectual-property rights;
• ensure that the working environment is suitable for the session.

The Service Provider may suspend or terminate a session or programme in cases of threatening, discriminatory, abusive, unlawful or seriously disruptive conduct.

Clients and Participants are invited to communicate any disability-related or accessibility requirements before the service begins. The Service Provider will examine reasonable adaptations and, where the requested accommodation cannot be provided, will discuss appropriate alternatives with the Client.

1.13 Technical requirements

For online services, Participants must normally have:

• a suitable computer or device;
• a stable internet connection;
• an up-to-date browser or meeting application;
• a working microphone;
• a camera where video participation has been agreed;
• access to the agreed email, meeting or file-sharing platform.

Participants are responsible for checking their equipment before the session.

If a session cannot take place because of the Client’s or Participant’s equipment, connection or environment, the cancellation provisions may apply.

If a serious technical failure originates from the Service Provider, the affected session will be rescheduled or credited.

1.14 Nature of the Service Provider’s obligations

The Service Provider undertakes to perform the services with reasonable care, professional competence and appropriate preparation.

The services are subject to an obligation of means, not an obligation to guarantee a particular result.

Progress depends on factors including the Participant’s starting level, attendance, engagement, independent practice and opportunities to use English outside the sessions.

Unless an express written guarantee has been provided, the Service Provider does not guarantee:

• a particular language level within a fixed period;
• a specific examination result;
• employment, promotion or internal mobility;
• a particular commercial or professional outcome.

1.15 Intellectual property

Unless otherwise agreed, the Service Provider retains all intellectual-property rights in original programmes, exercises, lesson plans, presentations, recordings, templates, methods and other training materials.

The Client and Participants receive a personal, non-exclusive and non-transferable right to use the materials for the agreed training and their own development.

Without prior written permission, materials may not be:

• sold, sublicensed or commercially exploited;
• published or distributed publicly;
• reproduced or shared outside the agreed audience;
• used to train other people;
• uploaded to a public database or artificial-intelligence system;
• substantially adapted and presented as another person’s work.

Materials provided by the Client remain the Client’s property. The Client confirms that it is authorised to provide and use them.

1.16 Confidentiality

Each party agrees to treat non-public professional, commercial, technical and personal information received through the relationship as confidential.

Information may be disclosed where:

• disclosure is necessary to deliver the agreed service;
• the other party authorises it;
• the information is already lawfully public;
• disclosure is required by law, an authority or a court.

Participants should avoid sharing trade secrets, legally privileged information, third-party personal data or other highly sensitive information unless this has been specifically agreed and appropriate safeguards are in place.

1.17 Recordings

The Service Provider will not record a session or activity without informing the Participants and obtaining any consent required by law.

The Client and Participants may not record a session without the Service Provider’s prior agreement and, where applicable, the agreement of the other Participants.

The purpose, permitted use and retention period of an authorised recording will be specified separately.

1.18 Personal data

Personal data is processed to:

• answer enquiries;
• arrange and deliver services;
• communicate with Clients and Participants;
• monitor attendance and progress where appropriate;
• issue invoices and maintain accounting records;
• comply with legal obligations.

Further information appears in the Privacy Policy.

Requests concerning personal data may be sent to:

contact@professional-english.eu

Where an employer or organisation commissions training, information supplied to that organisation is normally limited to what is necessary and contractually agreed, such as attendance, general progress and achievement of objectives.

1.19 References and testimonials

The name, logo, photograph or testimonial of a Client or Participant will not be published without the relevant prior authorisation.

Any authorisation will specify the information that may be used. Consent to the use of personal data may be withdrawn for future publication.

1.20 Subcontracting and third-party services

The Service Provider may use appropriate technical providers or subcontractors where reasonably necessary to deliver the services.

The Service Provider remains responsible for its own contractual obligations, subject to any different arrangement expressly agreed with a commissioning training provider or intermediary.

Where training is purchased through another organisation, that organisation’s contractual documents may also apply.

1.21 Force majeure

Neither party is liable for a failure or delay caused by an event beyond its reasonable control that meets the legal requirements for force majeure.

The affected party must inform the other party as soon as reasonably possible.

The parties will attempt to reschedule or adapt the affected service. If continued performance becomes impossible, either party may terminate the affected service. Amounts due will be calculated according to services already delivered, subject to mandatory law.

1.22 Suspension and termination

Either party may terminate the contractual relationship where the other party commits a serious breach and fails to remedy it within a reasonable period after written notice.

The Service Provider may suspend future services while an overdue payment remains outstanding, after informing the Client and subject to mandatory legal protections.

Upon termination, services already delivered and other valid amounts already due remain payable.

The specific consequences of termination may be stated in the quotation, training agreement, booking confirmation or individual training contract.

1.23 Complaints

Complaints should first be sent to:

contact@professional-english.eu

The Client should identify the relevant service, booking or invoice and explain the issue clearly. The Service Provider will attempt to provide a reasoned response and reach an amicable solution.

1.24 Changes to these Terms and Conditions

These Terms and Conditions may be updated for future orders.

The version applicable to an order is the version communicated to and accepted by the Client when the contract is concluded.

A later amendment does not retrospectively change an existing contract unless the parties agree or the change is required by law.

1.25 Severability

If any provision is held to be invalid or unenforceable, the remaining provisions continue to apply.

1.26 Applicable law

These Terms and Conditions and the resulting contracts are governed by French law, subject to the mandatory protections applicable to consumers described in Section 3.

2.Additional provisions applicable to Business Clients

2.1 Application

This section applies where the Client purchases services for purposes relating to its professional or organisational activity.

The Business Client confirms that the person accepting the quotation, agreement or order is authorised to act on its behalf.

2.2 Training agreements and Participants

Where legally or contractually required, the parties will enter into a training agreement or another appropriate contractual document describing the programme.

The Business Client is responsible for:

• selecting Participants;
• communicating practical information to them;
• facilitating their attendance;
• informing the Service Provider of relevant accessibility requirements;
• ensuring that Participant information is collected and shared lawfully.

Replacing a Participant requires prior agreement, particularly where an individual assessment or personalised programme has already been prepared.

2.3 Changes to the programme

A change in the number of Participants, objectives, delivery method, location, duration or schedule may require a revised quotation or agreement.

Additional preparation, assessment, reporting, travel or resources requested after acceptance may be charged only after the Business Client has approved the corresponding price.

2.4 Payment terms

Invoices must be paid by the due date shown on the invoice.

Unless a different lawful period has been agreed, payment is due within 30 days of the invoice date.

Any overdue amount automatically gives rise, from the day following the due date and without a prior reminder, to:

• late-payment interest at the rate applied by the European Central Bank to its most recent refinancing operation, increased by ten percentage points; and
• the statutory fixed recovery charge of €40 for each overdue invoice.

If reasonable recovery costs exceed €40, additional compensation may be requested upon presentation of supporting evidence.

No discount is granted for early payment unless expressly stated on the invoice.

2.5 Purchase orders and internal procedures

The Business Client must provide any required purchase-order number, supplier registration information or invoicing instructions before the invoice is issued.

The Client’s internal administrative procedures do not extend the payment deadline unless the Service Provider expressly accepts the change in writing.

2.6 Programme cancellation

If a Business Client cancels an entire programme after accepting the quotation, services already delivered and authorised expenses already incurred remain payable.

The quotation or training agreement may also provide reasonable cancellation charges reflecting preparation already completed, time reserved and the difficulty of reallocating confirmed dates.

2.7 Substantial postponement

A substantial postponement requested by the Business Client may require a revised schedule, price or quotation, particularly when dates have been reserved, preparation has been completed, travel has been arranged or the scope has changed.

2.8 Liability to Business Clients

The Service Provider is liable only for direct and foreseeable loss resulting from a proven breach of its contractual obligations.

To the extent permitted by law, the Service Provider is not liable for indirect loss, loss of profit, loss of opportunity, loss of business, reputational loss or loss arising from decisions made following the training.

Except where limitation is prohibited by law, total liability arising from the relevant service will not exceed the amount excluding VAT paid or payable for that service.

This limitation does not apply to fraud, wilful misconduct, gross negligence, personal injury or liability that cannot lawfully be limited.

2.9 Disputes between professionals

The parties will first attempt to resolve any dispute through good-faith discussions.

If no amicable solution is reached, disputes between professional parties fall within the jurisdiction of the courts determined under the applicable French procedural rules.

Where legally permitted and expressly agreed between parties acting as traders, exclusive jurisdiction is granted to the courts having jurisdiction over the Service Provider’s registered business address.

3. Additional provisions applicable to consumers purchasing private lessons

3.1 Application

This section applies to consumers who personally purchase flexible private English lessons.

These lessons may cover General English, conversation, grammar, pronunciation and English used in professional situations.

Informal private lessons are not presented as a qualification or as a structured vocational-training programme governed by an individual vocational-training contract.

Where an individual personally purchases a structured pedagogical programme designed to achieve a defined professional objective, a separate individual training contract may be required. That contract will contain the specific information and statutory protections applicable to self-funded vocational training.

3.2 Priority of consumer protections

Nothing in these Terms and Conditions restricts any mandatory consumer right.

If another provision conflicts with a mandatory consumer-protection rule, the mandatory rule prevails.

3.3 Pre-contractual information

Before being bound, the Consumer will receive clear information concerning:

• the essential characteristics of the lessons;
• their format and duration;
• the price and payment arrangements;
• the proposed schedule or method of booking;
• the cancellation conditions;
• the Service Provider’s identity and contact details;
• the applicable withdrawal rights.

This information may be provided through these Terms and Conditions, the website, an email, a booking confirmation or another durable medium.

3.4 Pay-as-you-go lessons and packages

Private lessons may be purchased individually, monthly or in a package.

For a package, the number of lessons, total price and any validity period will be confirmed before payment.

Any validity period applicable to a package will be communicated before purchase. If no validity period is specified, the package will remain valid until all included lessons have been used or the arrangement is lawfully terminated.

Any extension must be agreed in writing.

3.5 Right of withdrawal

Where the contract is concluded online, by email, by telephone or by another means of distance communication, the Consumer normally has 14 calendar days from the conclusion of the contract to withdraw without giving a reason.

To exercise this right, the Consumer must send a clear statement to:

contact@professional-english.eu

The model withdrawal form below may be used, but it is not compulsory.

Model withdrawal form

Complete and return this form only if you wish to withdraw from an eligible distance contract.

To:
Adam Gabriela-Florentina EI
37 rue Saint Isidore, 69003, Lyon, France
Email: contact@professional-english.eu

I hereby give notice that I withdraw from my contract for the following service:

Service or lesson package:
....................................................................

Date on which the contract was concluded:
....................................................................

Consumer’s full name:
....................................................................

Consumer’s address:
....................................................................

Consumer’s email address:
....................................................................

Date:
....................................................................

Signature, only if submitted on paper:
....................................................................

3.6 Lessons beginning during the withdrawal period

If the Consumer wants the lessons to begin before the end of the 14-day withdrawal period, the Consumer must expressly request early performance.

The Consumer may use the following statement:

I expressly request that my English lessons begin before the end of the 14-day withdrawal period. I understand that, if I withdraw after the service has begun, I may be required to pay for the services already provided.

If the Consumer validly withdraws after requesting early performance, the Consumer must pay only the amount proportionate to the services supplied before the withdrawal was communicated.

If the service is fully performed during the withdrawal period, the right of withdrawal is lost only where the Consumer expressly requested early performance and acknowledged that full performance would result in the loss of that right.

3.7 Refunds

Where the Consumer validly exercises a statutory withdrawal right, any refund due will be made without undue delay and no later than 14 days after the Service Provider receives the withdrawal notification.

The refund will normally be made using the original payment method unless another method is expressly agreed.

Outside a statutory withdrawal right, lessons already delivered and lessons validly charged under the 24-hour cancellation rule are not refundable.

Any refund concerning unused prepaid lessons will be determined according to the booking confirmation, the reason for termination and applicable consumer law.

3.8 Ending private lessons

A Consumer purchasing lessons individually may stop booking future lessons at any time.

For an ongoing arrangement, either party may end future lessons by informing the other in writing.

Lessons already delivered, properly confirmed late cancellations and other valid amounts already due remain payable.

3.9 Consumer mediation

In accordance with Article L612-1 of the French Consumer Code (Code de la consommation), consumers have the right to use a consumer mediator free of charge with a view to the amicable resolution of a dispute with a professional.

CM2C – Centre de la Médiation de la Consommation de Conciliateurs de Justice

49 rue de Ponthieu
75008 Paris
France

Website: https://www.cm2c.net

Submit a request online: https://www.cm2c.net/declarer-un-litige.php

Email: litiges@cm2c.net

Before requesting mediation, the consumer must first submit a written complaint to Adam Gabriela-Florentina EI at the following address: contact@professional-english.eu.

Mediation will remain optional and will not prevent the Consumer from bringing proceedings before a competent court.

3.10 Cross-border consumer rights

French law governs these Terms and Conditions.

However, this choice does not deprive a Consumer living in another country of mandatory protection provided by the law that would otherwise apply.

Where the applicable legal conditions are met, a Consumer habitually residing in another EU country retains the benefit of mandatory consumer protections that cannot be excluded by contract.

3.11 Competent courts

A Consumer may bring proceedings before any court having jurisdiction under applicable French and European consumer-protection rules.

Nothing in these Terms and Conditions limits a mandatory right to bring proceedings in the courts of the Consumer’s country of habitual residence where that right applies.

These Terms and Conditions are available in English and French. Where a translation is provided for information, the version expressly accepted by the Client governs the contractual relationship, subject to any mandatory consumer-protection rules.