Version No. 2 - Dated December 15, 2023
These general conditions of sale are written in French in their original version which alone is authentic and prevails over any other version translated into a foreign language.
All terms whose initial appears in capital letters have the meaning given to them as follows:
2.1. These Terms and Conditions, accessible at any time on the Site under the “General Terms and Conditions of Sale” section, are intended to determine the terms and conditions under which the Seller offers and performs the Services for the benefit of Customers.
2.2. The CGV apply without restriction or reservation to any order for Services by the Customer. They take precedence over all other documents such as brochures, catalogs or documentation from the Seller, which are only indicative.
2.3. The CGV concern orders placed from France or abroad by Customers located in France or outside French territory.
2.4. The CGV may be subject to subsequent changes, the applicable version being the one in force on the Site on the date the Services are ordered by the Customer. The Customer will be informed by email of changes to the GTC within 7 (seven) days before they come into force.
3.1. LINGUEO offers Customers official oral linguistic certifications in various languages, consisting of aptitude tests entitled “LILATE” (hereinafter “LILATE test”) making it possible to assess a person's foreign language level and their operational capacity to work in this language and whose characteristics are more fully detailed within each dedicated presentation page on the Site.
3.2. The LILATE Test gives rise to three titles depending on the Customer's level:
3.3. The LILATE Test is taken by videoconference in front of an examiner, according to the procedures detailed in the “FAQ/Candidates/Connection and LILATE test procedure” section accessible at the following address https://lilate.crisp.help/fr/article/z1atsg/.
3.4. When taking the LILATE Test, the Customer will be required to present his identity card so that the examiner can ensure his identity. In the absence of presenting a valid identity card or in the event that the examiner cannot ensure the identity of the Customer, the latter will not be able to take the LILATE Test.
4.1.1. The Customer is invited to read the CGV and to check his order before validating it.
4.1.2. The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment or the smooth running of a previous order.
4.1.3. The Customer undertakes to provide accurate and up-to-date Data and to inform the Seller without delay of any changes relating to this information.
4.2.1. In order to order the Services, the Customer selects their aptitude test and clicks on the “Buy my LILATE test ”.
4.2.2. The Customer is then directed to the order form in order to fill in his e-mail address, telephone number, name and surname, bank details.
4.2.3. The Customer undertakes to provide accurate information. The provision of false information makes it impossible for the Seller to perform its obligations.
4.2.4. The Customer checks the box: “I accept the General Terms and Conditions of Sale and the Privacy Policy ” to validate your purchase, which validation implies unrestricted or reserved acceptance of the Terms and Conditions and the Privacy Policy.
4.3.1. At the end of the order, the Customer will receive by email a registration link allowing him to create his Candidate Space by entering a password.
4.3.2. The username and password required to create the Candidate Space are confidential. The Customer undertakes to make every effort to maintain this confidentiality and not to disclose them in any form whatsoever, or to authorize a third party to use them.
4.3.3. The Customer will access his Candidate Space using his own computer equipment, in particular his computers, microphones, telecommunications equipment and webcam, which the Customer declares to be perfectly adapted and meeting the technical criteria detailed on the page: https://lilate.crisp.help/fr/article/17pwhji/.
In this regard, the Customer undertakes to check his equipment before taking the LILATE Test, in accordance with the procedures indicated in the “How to authorize his camera and microphone” section, accessible via the following link.
The Customer acknowledges that no refund can be made in the event of a poor connection or other difficulty related to the use of unsuitable equipment.
4.3.4. The reservation of the LILATE Test, according to the procedures detailed below, is subject to the creation of the Candidate Space.
4.4.1. Once the Candidate Space has been created, the Client can reserve the date of the LILATE Test according to the methods specified in the “Booking your test” section, accessible via the following link: https://lilate.crisp.help/fr/article/yccbpq/.
4.4.2. In order to make this reservation, the Customer undertakes to fill in/verify a certain amount of information such as his identity, his approximate level in the foreign language subject to the test, his professional status and his sector of activity.
4.4.3. The Customer is also required to provide a photograph intended to verify his identity during the procurement and to appear on the LILATE certificate. In this respect, the Customer undertakes to provide a photograph in accordance with the standards detailed in the “Profile Photo Standards” section accessible via the following link. https://lilate.crisp.help/fr/article/2lqudi/. If the Customer does not have a photograph that meets the required standards, the Site offers the Customer the possibility of taking a photograph using his webcam by clicking on “Take a photo with your camera”.
4.4.4. In the absence of being able to provide a photograph that meets the required standards, the Customer will not be able to pass the LILATE Test.
4.4.5. At the end of this reservation, the Customer will receive an email summarizing the order. A summary of the order will also be available in the Candidate Area, along with the methods of connecting to the LILATE Test session.
5.1. The Seller undertakes to make every effort to provide the Services to the Customer in such a way as to best meet his needs, subject to the availability of reservation slots.
5.2. The Services are provided in accordance with the provisions of these Terms and Conditions and the practices of the profession.
5.3. The Seller undertakes to make the Site available to the Customer as well as to make its best efforts to ensure its accessibility and proper functioning 24/7, within the framework of an obligation of means. However, the Seller will not be responsible for the unavailability or slowdowns of the Site related to:
6.1. In general, the Customer undertakes to respect the laws and regulations in force, these Terms and Conditions as well as any special conditions that may be communicated to him when ordering Services, and not to infringe public order, morality or the rights of third parties in the context of the use of the Services.
6.2. The Customer undertakes to provide the Seller with all the Data and means that the Seller deems necessary for the provision of the Services, it being specified that the Customer is solely responsible for the accuracy and completeness of the Data.
6.3. The Customer undertakes to use the Services fairly, in accordance with their destination and not to divert them.
6.4. Finally, the Customer undertakes to report any difficulty that he may encounter in the provision of the Services.
7.1.1. The prices are mentioned in euros on the Site, within each presentation page dedicated to the LILATE Test in a given language.
7.1.2. The prices are expressed “All Taxes Included” (TTC).
7.1.3. The Seller reserves the right to change prices at any time but undertakes to apply the rates in force on the day the Services are ordered by the Customer without the possibility of retroactive reimbursement in the event of a subsequent price drop.
7.2.1. The Services are payable in full at the time of the order.
7.2.2 Payment for the Services is made only by bank card on the STRIPE payment platform, to which the Site refers and according to its own general conditions of sale and use accessible via the following link https://stripe.com/fr-us/legal/consumer, of which the Customer declares to have fully read and accepted all the terms.
7.2.3. The Customer acknowledges that only the company publishing the STRIPE platform will be responsible for any damage resulting from its use and that the Seller cannot be held responsible for direct or indirect damage caused by this use, for any reason and on any basis whatsoever.
If the Consumer Customer meets the conditions, as set out in articles L.221-18 and following of the Consumer Code, the Consumer Customer has a right of withdrawal that he can exercise within 14 (fourteen) days following the date of validation of the order for the Services. In the event that this period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day.
8.1.2.1. The Consumer Customer expressly accepts that the Services may begin before the end of the withdrawal period of 14 (fourteen) days from the date of his order and that in this case, the provisions of articles 8.1.2.2 and 8.1.2.3 will apply.
8.1.2.2. Services fully performed before the expiry of the withdrawal period : in accordance with article L 221-28 1° of the Consumer Code, in the event that the LILATE Test has been passed before the expiration of the period of 14 (fourteen) days referred to in article 8.1.1, the Consumer Customer will no longer be able to withdraw from this order, which he expressly accepts.
8.1.2.3. Services partially performed before the expiry of the withdrawal period : in accordance with article L221-25 paragraph 2 of the Consumer Code, in the event that the LILATE Test has not been passed before the expiration of the period of 14 (fourteen) days, the Consumer Customer will remain liable for an amount of €50 excluding VAT in return for the Services described in article 3.4 of these Terms and Conditions corresponding to the preliminary phase of analyzing its needs, which Services are performed as soon as the Customer orders, which the Customer expressly accepts.
8.1.3.1. To exercise his right of withdrawal, the Consumer Customer must unambiguously express his desire to withdraw without having to justify his decision, by sending before the aforementioned period of 14 (fourteen) days the withdrawal form attached in Appendix 1 of these GCS duly completed, or any other declaration, to the Seller's postal address mentioned in Article 1.
8.1.3.2. The refund will take place no later than 14 (fourteen) days following the date on which the Seller is informed of the Consumer Customer's decision to exercise his right of withdrawal, and using the same means of payment as that used for the order.
8.1.4. Except for exercising the right of withdrawal exercised in accordance with the above conditions, the Customer does not have the possibility to cancel his order and claim a refund, which he declares to accept expressly and without the least reservation.
The Professional Customer acknowledges that any order for Services is firm and final and that its cancellation will not give rise to any refund from the Seller, which he declares to accept expressly and without the least reservation.
9.1. The Contract comes into force on the date of validation of the order as defined in article 4 and is concluded for the period necessary for the provision of the Services.
9.2. The provisions of articles 11 (liability), 12 (intellectual property) and 13 (personal data) survive the expiration of the contractual relationship between the Parties regardless of the cause and in the terms provided for by these articles.
Any serious breach by a Party of any of the obligations imposed on it by the GTCS, not repaired within a period of fifteen (15) days from the sending of a registered letter with acknowledgement of receipt entitles the other Party to unilaterally invoke their cancellation by operation of law, without prejudice to any damages to which it could claim, in accordance with article 1224 of the Civil Code.
11.1.1. The Services are provided by the Seller as part of an obligation of means.
11.1.2. The Seller cannot be held liable for causes external to him and in particular for compensation for damage resulting from:
11.2.1. If the Seller's liability should be retained, the Customer may only be compensated for direct damages, excluding indirect damages such as loss of profit or turnover, missed gain, loss of customers, loss of customers, commercial prejudice, commercial damage, loss of information, loss of opportunity or even loss of time.
11.2.2. In any event, the amount of damages that could be charged to the Seller may not exceed, all damages combined, the price of the Services deemed to be defective.
12.1. The Contract does not transfer Private Rights to the benefit of the Customer, in particular with regard to the Site and its Candidate Space, which he is prohibited from using for any purpose other than consulting them on the screen or for purposes other than his own needs.
12.2. The Customer is prohibited from carrying out any act of reproduction or representation of the Site and its Candidate Space and the content to which it may have access as part of the Services, in whole or in part, in any form and for any reason whatsoever.
13.1. For the purposes of ordering the Services, the Seller is required to process Personal Data concerning the Customer.
13.2. The Personal Data referred to in article 13.1 is processed in accordance with the privacy policy available on the Site in the “Privacy Policy” section or via the following link. https://www.lilate.org/politique-de-confidentialite, which the Customer declares to accept expressly and unreservedly by validating the order.
14.1. Any case of force majeure beyond the control of the Parties as defined by article 1218 of the Civil Code, as defined by article 1218 of the Civil Code, which cannot be reasonably anticipated at the time of acceptance of the GTC, and whose effects could not be avoided by appropriate measures, will relieve each Party of its obligations under the General Terms and Conditions as long as such an event and its effects continue.
14.2. The Party affected by the force majeure event shall immediately inform the other Party by sending a written notice to the other Party when the force majeure event occurs and when it ceases. The Party that is affected by the force majeure event must take all reasonable measures to limit the impact on the other Party and undertakes to resume the execution of the GTC as soon as the force majeure event has stopped.
14.3. If the impediment or delay persists for more than three (3) months, the Party not affected by the event may terminate the Terms and Conditions after receipt by the other Party of a written notice of one (1) month with acknowledgement of receipt.
15.1. The GTC are governed and interpreted in accordance with French law.
15.2. In the event of a dispute or dispute that may arise concerning in particular their validity, interpretation and/or execution, the Parties agree to make their best efforts to reach an amicable agreement.
15.3. The Consumer Customer is also informed that he may in any event use conventional mediation. In this respect, the Consumer Customer may submit his complaint:
15.4. Disputes that could not be settled amicably between the Parties will be submitted to the competent courts.
The Customer acknowledges having been provided, prior to ordering the Services, in a legible and understandable manner, of all the information listed in articles L.221-5 of the Consumer Code and following, and in particular the following information:
Appendix 1: Withdrawal form
Please complete and return this form only if you wish to withdraw from your order placed on the Site - except for exclusions or limits to the exercise of the right of withdrawal according to the CGV.
For the attention of the company LINGUEO - at 29 b Rue Monge, 75005 PARIS - France
I hereby notify you of my decision to exercise my right of withdrawal concerning the sale of the service below:
Order date:...
Purpose of the order:...
Name and surname:...
Postal address:...
Email address:...
Phone number:...
Signature:
Date:...
