Terms and Conditions

Ces conditions générales de vente sont également disponibles en français.

Preamble

These Terms and Conditions are concluded, on the one hand, by the company Zachariasen Consulting, with its registered office at Underhaugsveien 2A, 1358 Jar, Norway; email address [email protected]; registered with the Norwegian Business Registry in Brøynnøysund under the number 986 573 402, and managing the website A Cup of French at https://acupoffrench.com, hereinafter referred to as “the Seller” or “A Cup of French,” and, on the other hand, by any natural or legal person wishing to make a purchase or registration on the website A Cup of French at https://acupoffrench.com, hereinafter referred to as “the Client/Learner.”

Each clause herein is independent of the others. If one clause is declared null, it does not invalidate the document, and the other clauses remain in effect.

This document is also available in French.

Last updated: December 16th 2023

1. Object

These Terms and Conditions aim to define the contractual relationship between the Seller and the Client/Learner and the conditions applicable to any purchase or registration made through the website https://acupoffrench.com.

The contract binds both parties as soon as the Client/Learner validates their registration or purchase. However, the contract is not binding if there have been errors in writing or typing in the Seller’s offer in the online ordering solution or registration request, or in the Client/Learner’s order, and the other party has realized or should have realized this error.

The acquisition of a product or service on this site implies an unconditional acceptance by the Client/Learner of these Terms and Conditions, which the Client/Learner acknowledges having read before any purchase, order, or registration.

Before any transaction, the Client/Learner declares to have full legal capacity, allowing them to commit to these Terms and Conditions. The Client/Learner must be at least 18 years old to register or place an order on the site https://acupoffrench.com. As an exception, a minor learner can register for online French courses offered by A Cup of French provided that a parent or guardian signs an official waiver and agrees to abide by these general conditions on their behalf.

Zachariasen Consulting reserves the right to modify these Terms and Conditions at any time, to comply with any new regulations or to improve the use of its site. Therefore, the applicable conditions will be those in effect on the date of the order by the Client/Learner. It is advised that the Client/Learner retains a copy of these Terms and Conditions for their future reference. 

2. Products and services

A Cup of French is a platform dedicated to the teaching of French as a Foreign Language (FLE) and offers both pedagogical content in the form of memberships and e-books and an online French course service provided by a team of qualified teachers.

The products and services offered by the Seller are those listed on the site https://acupoffrench.com, within the limits of available stocks and spaces.

Each product or service is presented on the website with a description outlining its main characteristics and specific details (content, use, prices, schedules, etc.).

The Seller reserves the right to modify the assortment of its products and services at any time.

Memberships

The Client/Learner has the choice between two types of memberships: Basic, which is monthly, and Premium, which is annual, both offering access to a library of over 1,200 infographics.

Monthly Basic Membership

The subscription is valid for one person only and cannot be shared or used by anyone other than the subscriber.

The Basic Membership does not provide access to downloadable PDF or audio files, nor to e-books or articles sold separately in the online store.

Teachers wishing to use A Cup of French resources must subscribe to a Premium Membership, which grants them the license to use the resources with their students.

The Basic Membership is automatically renewed each month until the Client/Learner decides to cancel the renewal.

Cancellation of the Basic Membership can be done at any time from the member area called “My account” and will take effect on the first day of the following month.

Annual Premium Membership

The Premium Membership is a non-recurring subscription, valid for one year and is only valid for one person. It is not automatically renewed.

It cannot be shared or used by anyone other than the subscriber.

The Premium Membership authorizes the Client/Learner to download and print infographics for their own French learning or as a French teacher.

Each subscription can only be used by a single teacher. The teacher can use the resources with their students as long as their subscription is valid. To continue using Premium resources after one year, the teacher must renew their membership.

The Premium Membership does not provide access to any e-books or other items sold separately in the online store.

For more information on the terms of use of memberships, read the license agreement at https://acupoffrench.com/license-agreement/.

E-books and packs

A Cup of French also offers a range of e-books and packs available in the online store.

For more information on e-books and packs, read the descriptions of each product on the online store.

Online courses

A Cup of French offers courses in French as a foreign language by connecting qualified FLE teachers with French learners. The courses can be group sessions or individual sessions and are conducted online through the Zoom or Skype platforms.

Depending on the courses, teachers may also provide course materials or exercises through a Google Drive link or by email. The Client/Learner is free to choose whether to do these exercises.

However, the Seller and the teacher reserve the right to change the video conferencing and/or document sharing system, and will notify the Client/Learner accordingly.

In case of a need from either party, the Seller may also be required to modify the date and/or time of an ongoing course, after obtaining the explicit agreement of all participants in said course.

In the event of a teacher’s inability to conduct a course, for any reason, they may potentially be replaced by another teacher.

Private Lessons (Individual)

Private lessons are given by the teacher chosen by the Client/Learner via Zoom or Skype.

The Client/Learner can purchase a pack of 5 or 10 hours of private lessons.

The Client/Learner is free to choose the duration and schedules of each lesson, within the availability of each teacher.

The pack of 5 hours must be used within a limited period of 4 months from the date of registration. The pack of 10 hours is valid for 8 months.

If the Client/Learner wishes to extend the lessons beyond the hours included in the pack, they must contact A Cup of French at the email address [email protected].

Group Lessons

Group lessons are limited to 6 people for general French courses and 4 people for conversation and DELF preparation courses.

The Seller reserves the right to cancel courses that have not received a sufficient number of registrations. In this case, the canceled courses will be refunded.

Group lessons are sold in packs of 4 sessions of 1.5 hours for conversation courses and 4 sessions of 1 hour for DELF preparation courses.

General French courses span 12 weeks with two weekly one-hour sessions.

The pack of group lessons must be subscribed to in its entirety and cannot be divided, except with the exceptional agreement of the Seller.

Once payment is made, the Client/Learner undertakes to attend the group lesson for the specific duration of the chosen course.

Group courses are sold within the limits of available spaces at the time of registration.

After each session, the Client/Learner who wishes to continue the lessons in the next session must renew their registration by visiting the site https://acupoffrench.com or by contacting A Cup of French at the email address [email protected].

3. Price

The prices of products and services are clearly indicated on the website and are displayed in Euros (€).

Teaching services and the provision of these services, as well as the sale of books, including e-books, are exempt from VAT under § 3-5 and § 6-4 of the Norwegian VAT Act.

The price stated for products and services on the site https://acupoffrench.com is the total price to be paid by the Client/Learner. This price includes all taxes and any additional fees unless otherwise indicated.

Please note that for the purchase of specific manuals related to certain courses, additional fees may apply. These fees will be clearly indicated during the order process.

The Seller reserves the right to modify its prices at any time, with the understanding that the prices applicable to the order are those in effect at the time of its confirmation.

Payment or bank fees are the responsibility of the Client/Learner. The Seller is not responsible for bank fees or any VAT or other fees incurred in the buyer’s country.

Discounts

The seller reserves the right to apply discounts or special offers to its products and services for a duration of its choice.

The Client/Learner cannot demand the application of discounts or special offers that are no longer in effect at the time of the order.

4. Payment

Payment will be made online through the payment method chosen by the Client/Learner.

Payment options include payment by credit card or through PayPal.

Secure online payments are processed by the service providers Stripe or PayPal. The security of these systems is entirely the responsibility of these companies and cannot be attributed to the Seller.

By providing their banking information during the transaction, the Client/Learner authorizes the Seller to debit their card for the indicated amount.

Once the Client/Learner confirms the payment, the transaction is immediately debited.

Payment validation implies the acceptance of these Terms and Conditions, the acknowledgment of having fully understood them, and the waiver of asserting other purchase conditions.

Payment is required in advance of the client’s access to the requested products or services and in a single payment, unless otherwise indicated or agreed upon by the Seller.

5. Purchase process and registration terms

Purchase process for products and subscriptions from the online store

After deciding which product(s) to buy, here are the steps to follow to make the purchase of the product(s):

  1. Click on ADD TO BASKET.

  2. Click on VIEW BASKET.

  3. It is possible to modify quantities, remove a product from the basket, and/or apply a promotional code if applicable by clicking on APPLY COUPON.

  4. Click on CONTINUE SHOPPING to continue shopping or PROCEED TO CHECKOUT to proceed with payment.

  5. If the client is already registered, they can log in by clicking on Returning customer? CLICK HERE TO LOGIN.

  6. If the client has a coupon and has not entered it in the previous step, they can do so here by clicking on Have a coupon? CLICK HERE TO ENTER YOUR CODE and entering their promotional code.

  7. If the client is not already registered, they must fill in their first name, last name, country, and email address.

  8. Choose the payment method: by credit card with Stripe or by PayPal. Fill in the required fields.

  9. Review the privacy policy by clicking on OUR PRIVACY POLICY.

  10. Read the Terms and Conditions and the License Agreement available in English and French, then check the box to confirm that they have read and understood that the right of withdrawal expires at the beginning of the download or streaming.

  11. It is possible to subscribe to the A Cup of French newsletter by checking the box I WOULD LIKE TO RECEIVE YOUR NEWSLETTER.

  12. Click on PAY NOW to pay and complete the purchase. The activation of this button commits the Client/Learner to pay. Payment validation implies the acceptance of these Terms and Conditions, the acknowledgment of having fully understood them, and the waiver of asserting other purchase conditions.

  13. For the purchase of an e-book or a pack, an email with the link(s) to download it will be sent to the email address provided at the time of the order.

  14. For the purchase of a subscription, two emails will be sent. An email confirming the purchase with a link to the account and an email with the password to log in to this account. The second email may sometimes take a little longer to be sent. To log in, the Client/Learner must use their email address and the provided password. This password can possibly be changed later from the “My account” page.

It is recommended for the Client/Learner to check their spam folder in case the confirmation email is not received. The Seller disclaims any responsibility if the email is not received due to false or inaccurate data provided by the Client/Learner or for reasons beyond the Seller’s control.

Registration terms for online courses

Before registering for a course, the Client/Learner must ensure they have the necessary computer equipment, such as a personal computer, a functional webcam and microphone, whether integrated or not, and a stable Internet connection to participate optimally in online courses via video conferencing.

Once the Client/Learner has chosen from the offered courses and schedules, they can proceed with registration by filling out a form. The Client/Learner must check a box to consent to the course starting before the withdrawal period expires and thus acknowledge that they will be required to pay for the part of the service received before the notification of the exercise of their right of withdrawal. Additionally, the Client/Learner must accept these Terms and Conditions by checking the designated box.

After entering their data and validating the form, the Client/Learner will receive an email at the provided address. This email will contain a summary of the chosen course, a secure link to make the payment, and these Terms and Conditions as a reference. The Client/Learner can reserve their spot and pay for the course by clicking on the link and following the instructions. By clicking on the payment link, the Client/Learner commits to making the payment. Once the payment is made, the registration confirmation will be sent by email, officially formalizing the registration in a firm and definitive manner. The access details for the course will also be communicated at that time.

Payment validation implies the acceptance of these Terms and Conditions, the acknowledgment of having fully understood them, and the waiver of asserting other purchase conditions.

The Client/Learner must ensure to enter a correct email address. The Seller will not be responsible if the Client/Learner provides incorrect information in the registration form.

In case of an error in entering their personal information or if they wish to modify this information, the Client/Learner can send an email to [email protected]. If the Client/Learner encounters a problem during their registration, they must inform the Seller by email at the same address. The Seller undertakes to resolve the issue raised as quickly as possible.

The Seller reserves the right to refuse course registration to a Client/Learner in the event of a dispute that occurred in the past.

6. Delivery

Online courses

The courses will start on the dates and times indicated during registration. Once payment is made, the Client/Learner will receive an email containing all necessary information, including course access details.

Digital books and packs

After payment, one or more PDF file(s) or one or more link(s) to download the digital file(s), and if applicable, MP3 or MP4 files, will be sent by email to the email address provided by the Client/Learner at the time of the order. Delivery takes place when the Client/Learner receives the email.

Memberships

In the case of a membership, as soon as payment is made, the Client/Learner will receive an email with a password to log in to their account. Delivery takes place when the Client/Learner receives the email.

In case of technical problems or difficulties preventing delivery, the parties agree to collaborate proactively to resolve these issues as quickly as possible.

However, the Service Provider cannot be held responsible for delays caused by circumstances beyond its control, such as major technical issues, server outages, etc.

The Seller assumes no responsibility if the email is not delivered because the Client/Learner provided false or inaccurate data.

7. Delay and non-delivery

If the Seller does not provide the product or provides it late according to the agreement between the parties, and this is not due to the Client/Learner or circumstances on their side, the latter may, in accordance with the rules of Chapter 5 of the Norwegian Consumer Purchases Act, withhold the purchase amount, demand performance, terminate the contract, and/or seek compensation from the Seller.

In case of a request for measures due to non-performance, the report for evidence purposes should be made in writing (for example, by email).

8. Accessibility

The Seller cannot guarantee unlimited access to downloadable digital content. It is the responsibility of the Client/Learner to maintain and store a copy of the downloadable resources on their device to ensure future access.

If the Client/Learner pays for access to a resource in the form of streaming video or other formats that cannot be downloaded, the license expires as soon as the Seller closes its website or, for any reason, terminates its activitie

9. Absences, delays and cancellations

Private lessons

In case of a foreseeable absence, the Client/Learner has the option to reschedule a scheduled online French lesson by contacting their teacher directly.

If the Client/Learner informs the teacher of their absence more than 24 hours before the start of the lesson, the scheduled lesson time will not be deducted from the balance of previously paid hours. The Client/Learner can agree with their teacher on another time to reschedule this lesson.

However, if the Client/Learner informs of their absence within 24 hours before the start of the lesson or in the case of an unannounced absence, the session will be considered due and will be deducted from the balance of paid hours. No refund or rescheduling will be made for this lesson.

No refund or rescheduling is possible for missed parts of lessons due to the Client/Learner’s delay.

In case of the teacher’s delay, this delay will be compensated by an extension of the relevant lesson or by adding the delay time to a later session, in agreement with the Client/Learner.

The Seller or the teacher also has the option to cancel a scheduled lesson with the Client/Learner. Such cancellation by the Seller or the teacher will not affect the balance of hours paid by the Client/Learner, and the lesson will be rescheduled to a later date.

Group lessons

After registration for a group lesson, no total or partial absence from one or more lessons entitles a refund, except in the case of duly justified force majeure (hospitalization, death). The Client/Learner undertakes to attend the lessons at the times indicated during their registration.

In case of force majeure, the Client/Learner must inform the Seller by email at [email protected], providing relevant documentation (medical certificate, etc.). The refund, calculated based on the number of lessons not attended, will be subject to administrative fees of €25.

The Seller reserves the right to cancel lessons that have not received a sufficient number of registrations. In this case, canceled lessons will be refunded to the already registered individuals.

10. Right of withdrawal

For online courses

The Client/Learner has a withdrawal right of 14 days from the day after the registration validation. If this period expires on a Saturday, Sunday, or a public holiday, it is extended until the next working day.

To exercise their withdrawal right, the Client/Learner must complete and send the withdrawal form attached to these conditions or make a clear and explicit request by email to the following address [email protected].

The refund will be made no later than 14 days from the date on which the Seller was informed of the Client/Learner’s decision to exercise their withdrawal right in accordance with Article 20 of the Norwegian Right of Withdrawal Act. The refund will be made using the same payment method as used by the Client/Learner. The Client/Learner shall not be required to pay any form of fees due to the refund.

However, exceptions apply if the Client/Learner wants to use the withdrawal right after the start of the course or session. In this case, the Client/Learner must pay a proportional part of the teaching service received, in accordance with §26 of the Norwegian Right of Withdrawal Act.

In other words, if the Client/Learner has already completed a portion of the course hours they enrolled in, they cannot claim a refund for the completed hours. Only the remaining hours can be refunded.

To validate their registration, the Client/Learner must check a box to consent to the course starting before the expiration of the withdrawal period and thus acknowledge that they will be required to pay for the portion of the service received before notifying the exercise of their withdrawal right.

If, before the end of the withdrawal period, the client has completed all the course hours they enrolled in, they forfeit their withdrawal right and are not entitled to any refund.

After the expiration of the withdrawal period, no refund can be made.

For digital books, packs and memberships

In accordance with the Norwegian Right of Withdrawal Act (Article §22-n), the withdrawal right does not apply to digital content delivered without physical support before the end of the withdrawal period, provided that delivery has started with the explicit consent of the Client/Learner for the delivery to begin before the expiration of the withdrawal period, and they have acknowledged thereby losing their withdrawal right.

The withdrawal right, therefore, does not apply to products (digital books, packs, and subscriptions) sold in the “Boutique/Shop” section of the website https://acupoffrench.com.

11. Intellectual property

A Cup of French owns the intellectual property rights and holds usage rights for all elements accessible on the site, including trademarks, domain names, texts, course content, images, drawings, graphics, logos, icons, sounds, software, videos.

Any reproduction, representation, modification, publication, adaptation, or use of all or part of the elements of the site, by any means or process, and for any reason, is strictly prohibited, unless prior written authorization from the Seller.

The trademark “A Cup of French” is owned and operated by ZACHARIASEN CONSULTING and is registered with the Norwegian Industrial Property Office PATENTSTYRET under number 302549.

All educational resources provided by A Cup of French as part of online courses or purchased online on the site https://acupoffrench.com remain the intellectual property of A Cup of French, and their use is subject to this License Agreement, available by clicking on the link.

According to this Agreement, the Client/Learner is not authorized to share, send, sell, sublicense, or transfer any resource to anyone else. They cannot publish or make a resource available on a website or social network. They cannot use a resource, in whole or in part, for commercial purposes.

Payment for product(s) or service(s) does not result in the transfer or concession of these rights.

Any unauthorized exploitation of the site or any of the elements or educational resources it contains will be considered an infringement and pursued in accordance with the provisions of the current articles and the Intellectual Property Code.

12. Confidentiality and personal data protection

A Cup of French attaches great importance to the confidentiality of information provided by the Client/Learner, processing it in accordance with our Privacy Policy available by clicking on the link.

By purchasing a product or service from A Cup of French, the Client/Learner agrees to comply with the terms of this Privacy Policy.

A Cup of French only collects the personal information of the Client/Learner when necessary for the purchase of a product or registration for the requested services. By entering this information, the Client/Learner does so knowingly.

No personal information of the Client/Learner will be disclosed, exchanged, transferred, assigned, or sold to third parties without their explicit consent. The transmission of information would only be considered in the case of the Seller’s acquisition and rights, obliging the acquirer to respect the same obligations of data preservation and modification towards the Client/Learner.

The Client/Learner, under the law on the protection of individuals with regard to the processing of personal data, has the right of access, rectification, or deletion of the information concerning them and the right of opposition, which can be exercised by writing to [email protected].

13. Client review and testimony

The Seller reserves the right to seek the opinion of the Client/Learner regarding the purchased product or service. These reviews may be published on the Seller’s website and social networks.

However, the Client/Learner retains the right to request the removal or deletion of this publication at any time by sending an email to the following address: [email protected].

14. Seller's obligations and responsabilities

The Seller disclaims any responsibility for malicious intrusions beyond their control, such as hacking, data theft, hacking, phishing, or bugs.

The Seller is not liable for interruptions or unavailability of the website resulting from external causes, such as Internet service provider equipment failure, hosting equipment failure, communication network failure, power failure, natural events, acts of war, legal restrictions, or censorship.

While the Seller makes every effort to ensure the website is secure and free of errors, viruses, and other malicious software, it is strongly advised for the Client/Learner to take responsibility for their own Internet security, personal data, and computers.

An interruption for technical maintenance may be decided by the Seller, who will strive to communicate the intervention dates and times to users in advance.

Products and services are exclusively delivered digitally and remotely. Various tools independent of the Seller are used. Therefore, the Seller cannot be held responsible for any bugs, malfunctions, or updates that may temporarily limit access or use of these tools by the Client/Learner.

During an online course, the Seller cannot be held responsible for access problems to the video conferencing application encountered by the Client/Learner. In case of such difficulties, the Seller’s liability is not engaged, and the Client/Learner cannot claim a refund.

However, the Seller commits to implementing all necessary means to assist the Client/Learner in case of a problem. In case of difficulty accessing the site or the member area, contact the Seller by email at [email protected].

15. Client/Learner's obligations and responsabilities

The Client/Learner expressly acknowledges that ordering a product or service on the site https://acupoffrench.com entails an obligation to pay.

They are also required to verify the accuracy of the personal information provided during their registration or purchase, especially their email address, which will be used to receive access details to the course or purchased digital product. The Seller disclaims any responsibility for false or inaccurate data provided by the Client/Learner.

In case of an issue during their online registration or purchase, the Client/Learner is requested to promptly inform the Seller by email at the following address: [email protected].

The Client/Learner undertakes to comply with the following rules of conduct:

  1. Respect other participants and teachers.
  2. Avoid any offensive, discriminatory, or disrespectful language.
  3. Avoid any form of harassment, intimidation, or inappropriate behavior.
  4. Respect the confidentiality of other participants.

Any breach of these rules of conduct or any disruptive/inappropriate behavior may result in the expulsion of the Client/Learner from the course, without the possibility of a refund.

Before registering for a course, the Client/Learner must ensure they have the necessary computer equipment, such as a personal computer, operational webcam and microphone, whether integrated or not, and a stable Internet connection, to participate optimally in online courses via video conferencing.

16. Links to other sites

The A Cup of French website may contain hyperlinks to other sites. The Seller disclaims any responsibility for the content of these websites and assumes no liability for losses or damages resulting from their use.

The links provided to partner sites are for informational purposes. The Seller cannot be held responsible for information coming from these sites.

17. Product defect

If a defect is found in a product, the Client/Learner must, within a reasonable time after its discovery or when it should have been discovered, notify the Seller that they intend to avail themselves of this defect.

A complaint is always considered timely if it occurs within 2 months of discovery or the date the defect should have been discovered. The complaint can be made no later than two years after the Client/Learner takes over the product. If the product, or part of it, is expected to last substantially more than two years, the complaint period is extended to five years.

If the product has a defect that is not attributable to the Client/Learner or circumstances related to them, they may, in accordance with the provisions of Chapter 6 of the Consumer Purchases Act, choose between correction and replacement, request a price reduction, request termination of the contract, and/or claim compensation from the Seller.

18. Complaints

Complaints must be addressed to the Seller within a reasonable time at [email protected]. The parties must attempt to resolve any dispute amicably.

In case of failure, the Client/Learner can contact the Norwegian Consumer Council for mediation. The Norwegian Consumer Council can be contacted at (+47) 23 400 500 or on http://www.forbrukerradet.no.

The European Commission’s complaints portal can also be used if the Client/Learner wishes to file a complaint. This is particularly relevant if the Client/Learner is a consumer residing in another EU country.

The complaint can be filed here: http://ec.europa.eu/odr.

19. Applicable law and competent jurisdiction

These general conditions are subject to Norwegian law (http://www.lovdata.no). Any dispute that may arise between the parties must be settled through negotiations between the parties.

If the dispute is not resolved through negotiation, the parties can attempt to settle the dispute through mediation.

If no amicable solution through negotiation or mediation is possible, the Parties agree that the competent jurisdiction is the Oslo District Court (Oslo Tingrett).

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