Terms and conditions of sale

1. Definition of services

Cours@home Luxembourg S.à.r.l., a company governed by Luxembourg law, provides teaching services and educational group lessons at its agency or on the premises of an establishment, and teaching services and individual educational lessons at home.

As part of this activity, Cours@home Luxembourg S.à.r.l. assigns one or more instructors to “clients” who wish to receive hours of educational and/or school and/or professional lessons, either at the agency or on the client’s premises, at home or online.

An “instructor” means any person who imparts knowledge relating to a subject or discipline. Instructors may be professional teachers, retired teachers, students holding at least a three-year degree (Bac +3), trainers, etc. All of them will have been selected and tested beforehand by Cours@home Luxembourg S.à.r.l.

A “service” means all the services offered by Cours@home Luxembourg S.à.r.l., namely the teaching services and educational group lessons delivered at the agency or on the premises of an establishment, the teaching services and individual educational lessons delivered at home or online via the learning platform, and lessons in companies.

2. Purpose

These general terms and conditions of service define the contractual relationship between Cours@home Luxembourg S.à.r.l. and the client, and the conditions applicable to any order placed via the internet or at the agency, whether the client is a professional or a private individual.

Ordering a service implies the client’s unreserved acceptance of these general terms and conditions of service.

Cours@home Luxembourg S.à.r.l. reserves the right to amend its general terms and conditions of service at any time. In that case, the applicable terms will be those in force on the date of the client’s order.

3. Operating principles

By means of the attached service contract, the client specifies the subject(s) and level(s) required for their first request for teaching services. The service contract also confirms the address where the lessons will take place and the method and specific terms of payment for the services to come.

As the service provider, once the service contract and the general terms and conditions have been duly signed and returned, an instructor selected by the teaching team will contact the client to arrange the first session.

Cours@home Luxembourg S.à.r.l. may assign as many instructors as the client requests teaching services. The rate applied will be the one in force on the date of the order, except in the event of a change of class or level, which may result in an additional cost.

3A. Specific provisions of the new European General Data Protection Regulation (GDPR)

Under the new European data protection regulation, Cours@home Luxembourg S.à.r.l. undertakes to protect each client’s data in compliance with the European GDPR and to honour their right to be forgotten.

Cours@home Luxembourg S.à.r.l. undertakes to keep the data collected for a maximum of 5 years. The client may at any time exercise their right to be forgotten or unsubscribe from the Cours@home Luxembourg S.à.r.l. newsletter.

The data management software used by Cours@home Luxembourg S.à.r.l. fully complies with the European GDPR.

4. Performance of the service

Unless otherwise agreed, individual teaching services must take place at the client’s home or workplace as stated in the service contract, or online. Teaching services and educational group lessons take place either at the agency or on the premises of the establishment stated in the service contract. Online lessons take place via the platform provided by Cours@home Luxembourg S.à.r.l.

The number of hours of teaching services and educational lessons is freely set by the clients. Lesson times are agreed between the client and the instructor.

Services are counted using service sheets or coupons. At the end of each lesson, the client gives the instructor a service sheet or the coupons corresponding to the hours delivered by the teacher, whether at the agency or establishment, at the client’s home or via the ONLINE software.

If the teacher is unavailable, in particular due to illness, Cours@home Luxembourg S.à.r.l. undertakes to look for a replacement, subject to availability and provided the request is made to Cours@home Luxembourg S.à.r.l.

The instructor undertakes to give 24 hours’ notice of any unforeseen change in the delivery of the service.

5. Client’s obligations

The client undertakes to pay the amount of the services and the registration fees under the conditions set out in the contract. Unless otherwise agreed by Cours@home Luxembourg S.à.r.l., the client undertakes to pay their invoice by its due date. If the client opts for payment in instalments (2 to 3 interest-free instalments maximum), they must use the online payment system provided by Cours@home Luxembourg S.à.r.l. The client undertakes to pay for their order in full or in part to confirm the start of the lessons. Cours@home Luxembourg S.à.r.l. undertakes to set up the service upon receipt of payment.

Any purchase of materials or books needed to perform the services covered by this contract will be borne exclusively by the client and invoiced in addition.

If the client fails to pay invoices issued by Cours@home Luxembourg S.à.r.l. within 31 days, the services will be interrupted immediately without notice.

In the event of non-payment, the client will have 15 days to settle their account.

In the event of late payment, Cours@home Luxembourg S.à.r.l. may suspend all services in progress, without prejudice to any other course of action, and claim statutory interest.

Any sum unpaid by the due date shown on the invoice automatically incurs, from that date, penalties equal to one and a half times the statutory interest rate and, as a penalty clause, a sum equal to fifteen percent (15%) of the price including VAT, without prejudice to other costs and fees incurred for recovery. These penalties are payable on simple request by Cours@home Luxembourg S.à.r.l.

The client undertakes to inform the instructor first of any change to lesson times, or any change to or cancellation of a lesson, at least 24 hours in advance, failing which one hour will be invoiced as compensation for the instructor.

If the instructor cannot be reached directly, the client undertakes to inform Cours@home Luxembourg S.à.r.l., within the same time limit, of any change to lesson times, change of lesson or cancellation.

If this time limit is not respected, Cours@home Luxembourg S.à.r.l. may invoice the client one hour of lessons as compensation.

The client must inform Cours@home Luxembourg S.à.r.l. of any change relating to a lesson request (subject, level, address, child, etc.). Each new request for teaching services at a different price level will be confirmed by a service invoice, and will be deemed accepted at the end of the first hour of lessons at the different price level, unless the client objects.

By signing this agreement, the client expressly and specifically undertakes, for a period of 24 (twenty-four) months from the last lesson given by Cours@home Luxembourg S.à.r.l. instructors, and within the territory of the Grand Duchy of Luxembourg, not to solicit on their own behalf the instructor provided by Cours@home Luxembourg S.à.r.l.

Failing this, the client specifically acknowledges and agrees to pay Cours@home Luxembourg S.à.r.l. a penalty of 2,000 euros for each proven act of soliciting or poaching instructor(s) provided to the client, notwithstanding any other compensation due and any other course of action.

6. Rates

Any new request for teaching services will be invoiced at the rate in force on the date of the client’s order.

Service rates and registration fees may be revised from 1 August each year.

7. Payment terms

Services are invoiced at the current year’s rates, as defined in articles 5 and 6 of these general terms and conditions.

The client may also pay the price defined above in cash against a receipt, by bank transfer or by bank card.

For payment of the invoice in instalments, please refer to the conditions of article 5.

9. Duration and end of the contract

Performance of the service begins at the start of the first hour of lessons, for an indefinite period.

In the event of a serious breach of the contractual obligations incumbent on either party hereunder, the other party will notify the defaulting party, by registered letter with acknowledgement of receipt, of its failure to meet its commitments, with an obligation to remedy it within 15 days.

If the defaulting party does not respond within that period, the contract will be terminated automatically.

The contract may also be ended at the client’s initiative, 7 (seven) days after informing Cours@home Luxembourg S.à.r.l. by telephone and confirming by email.

10. Termination of contract

For any early termination of contract, a flat fee of 79.00 euros will be charged. A new invoice, calculated pro rata on the hours used, will be sent to you after receipt of the remaining unused coupons. A refund is possible on return of a sheet of at least 10 hours of lessons; below that, no refund can be claimed. Cours@home Luxembourg S.à.r.l. only refunds hours not delivered, in blocks of 10 hours.

On receipt of the coupons, Cours@home Luxembourg S.à.r.l. undertakes to make the refund within 60 days.

If this contract ends or is terminated for any reason whatsoever, the client may not claim any refund of the registration fees.

10B. Validity of coupons

Coupons are valid as follows:

• packages of 10 hours of lessons or less: coupons valid for 4 months from the invoice date;
• packages of 11 to 20 hours of lessons: coupons valid for 8 months from the invoice date;
• packages of 21 hours of lessons or more: coupons valid for 12 months.

After this period, the client may neither use the coupons nor claim any refund. The validity date printed on the coupons themselves is authoritative.

11. Severability

If any article of these general terms and conditions is declared void, the other provisions remain fully valid.

The article(s) of the general terms and conditions declared void will not render the general terms and conditions void as a whole, the other provisions remaining fully valid.

12. Governing law and jurisdiction

These general terms and conditions of service are governed by Luxembourg law.

Any dispute relating to the interpretation and performance of this agreement and its consequences will, failing an amicable solution, fall within the exclusive jurisdiction of the courts of Luxembourg City.

Where applicable, the client’s contact details shown in the contract or provided by them by any required means constitute their address for service. All correspondence and procedural documents will be validly served at that address.