General Terms and Conditions (Terms of Use – Terms of Sale)

Preamble — Legal Notice

Article 1 — Definitions

In these general terms and conditions (hereinafter “the T&C”), the following terms have the meaning given below, in both the singular and the plural:

• “MIABELANGUE”: the publishing company identified in the Preamble.
• “Platform”: the miabelangue.com website, its subdomains and the future mobile application.
• “Student” or “Customer”: any natural or legal person who creates an account, takes out a Subscription, books a Video Lesson or places an order in the Store.
• “Consumer”: any Customer who is a natural person acting for purposes outside their commercial, industrial, craft, professional or agricultural activity.
• “Subscription”: a paid access plan to e-learning teaching content (for example “Essentielle”, “Intensive”), renewable monthly and with no commitment.
• “Video Lesson”: a synchronous support session by video conference with a teacher, booked via the Platform’s calendar.
• “Digital Content”: any content supplied in digital form without a tangible medium (e-books, PDFs, videos, digital booklets).
• “Product”: any tangible good sold in the Store (books, manuals).
• “Store”: the Platform’s e-shop area.
• “Durable Medium”: any instrument enabling the Customer to store information addressed to them personally and to reproduce it identically (for example an e-mail).

Article 2 — Purpose and scope

These T&C govern, on the one hand, the conditions of use of the Platform (Terms of Use) and, on the other hand, all sales concluded on the Platform (Terms of Sale): Subscriptions, Video Lesson bookings, and purchases of Products and Digital Content.

They apply to the exclusion of all other conditions. They are accessible at any time on the Platform and prevail, where applicable, over any earlier version.

The provisions protecting the Consumer set out herein (in particular Articles 10, 11 and 17) do not apply to Customers acting in a professional capacity, nor do they deprive a Consumer residing in another State of the more favourable mandatory provisions of their national law.

Article 3 — Acceptance and amendment of the T&C

Creating an account and placing any order on the Platform require the prior, express and unreserved acceptance of these T&C, evidenced by a dedicated checkbox. The accepted version, identified by its number and date, is archived by MIABELANGUE and enforceable against the Customer.

MIABELANGUE may amend the T&C at any time for the future. Orders are governed by the version in force on the day they are validated. The applicable version and its date are permanently available on the Site. For ongoing Subscriptions, the new version applies from the next monthly renewal date; a Student who does not accept it may terminate at any time, free of charge and without giving reasons, under the conditions of Article 6.3.

Article 4 — Account, capacity and minors

Registration is open to any natural person. The month and year of birth are requested when any account is created: they alone determine whether the arrangement set out below applies. The day of birth is never requested.

4.2 Students under 15. The account may be created by the Student themselves, but it remains closed until the holder of parental authority has given their approval. A confirmation link, valid for 7 days and renewable, is sent to the legal guardian's email address given at registration; that address must differ from the Student's. By confirming, the legal guardian states their identity and their relationship to the child, accepts these Terms in that capacity, and consents to the processing of the minor's personal data (Article 8 GDPR, Article 45 of the French Data Protection Act). Their confirmation is time-stamped and kept as evidence.

The legal guardian so confirmed is the sole contracting party: they hold the contract, remain responsible for the use of the account and for payment, and their name appears on invoices, with the Student named as the beneficiary. Until confirmation, the Student may sign in but has access to neither courses, nor the audio library, nor messaging, and no Subscription may be taken out.

4.3 Students from 15 until majority. From the age of 15, the consent of the holder of parental authority is no longer required for the processing of personal data, and the Student may create and use their account alone. However, a minor does not have the capacity to enter alone into a contract for consideration: any Subscription or purchase is deemed to be made with the prior authorisation of the holder of parental authority, which the Student declares having obtained.

The Client undertakes to provide accurate information and to keep it up to date. Each account corresponds to one single person; account security and usage conditions are set out in Article 13.

Article 5 — Online ordering

Every order follows this path: selection of services or products, a detailed summary (content, total price, delivery charges where applicable), the option to review the order details and correct any errors, then final validation via a button bearing the clear and legible wording “Order with obligation to pay”, in accordance with Article L221-14 of the French Consumer Code.

MIABELANGUE acknowledges receipt of the order and sends the Customer, on a Durable Medium (e-mail), confirmation of the contract including all pre-contractual information, these T&C, and where applicable confirmation of the consents given in respect of the right of withdrawal (Article 10).

Contracts of an amount equal to or greater than €120 are archived by MIABELANGUE for ten years (Article L213-1 of the French Consumer Code); the Customer may access them at any time upon simple request to support.

The contract is concluded in the French language.

Article 6 — Subscriptions, pay-as-you-go sessions and access to e-learning content

6.1 Subscribing. The Platform offers several Subscription plans with no minimum term (“Youth”, “Essential”, “Intensive”), whose features and prices are set out on the pricing page. Each Subscription is taken out for one taught language (Ewe or Mina), chosen at subscription. A Client may hold one Subscription per language; those Subscriptions are then independent of one another, each with its own price, renewal date and session credit. Access to content opens once payment is validated, subject to article 10 on the right of withdrawal.

6.1 bis Youth plan. The “Youth” plan is reserved for beneficiaries under 15 at the date of subscription. It is taken out by the holder of parental authority, the sole contracting party, after the declaration provided for in article 4. Age is assessed from the declared birth month and year, the birthday being deemed to fall on the last day of the declared month. On the beneficiary's 15th birthday, the current Subscription runs to its term and is not renewed at that rate; the holder is informed and may take out one of the other plans. Where an inaccurate declaration is established, MIABELANGUE may, having informed the Client, terminate the Subscription at term or apply the rate of the corresponding plan.

6.1 ter Progressive unlocking of courses. The Subscription gives access to video sessions, the audio library and messaging. It does not open the entire catalogue: written courses and their audio recordings open session by session. Each session used opens one course and its audio, designated by the teacher; failing designation within seven days, the next course in the programme opens automatically. The catalogue remains fully browsable (titles, descriptions, levels); only the content of courses not yet opened remains inaccessible.

6.2 Term and renewal. The Subscription is concluded for an initial period of one month, tacitly renewed for successive one-month periods. Payment is taken on each monthly anniversary date.

6.3 Termination by the Student. The Student may terminate their Subscription at any time, free of charge and without reason, autonomously, via the “Terminate your contract” feature available from their personal area, in accordance with Article L215-1-1 of the French Consumer Code. An acknowledgement of receipt is sent to them, stating the end date of access.

6.4 Effects of termination. Termination takes effect at the end of the current monthly period: access to the Platform, to courses already opened and to content remains active until the renewal date, and the month begun remains payable. No further payment is taken. The Subscription grants a right of access to courses for its duration; it does not transfer ownership of them. After term, opened courses become inaccessible again. The Student's learning progress (lessons viewed) is however retained and restored as it was should they subscribe again. This applies without prejudice to the right of withdrawal in article 10: where withdrawal is exercised within 14 days of subscribing, only an amount proportionate to the service already provided is due.

6.5 Pay-as-you-go sessions. Independently of any Subscription, the Student may purchase one or more lessons individually, at the price shown on the offers page. Each session purchased in this way is tied to one specific taught language (Ewe or Mina), chosen at the time of purchase, and can only pay for a session in that language. It is valid for twelve months from the date of purchase; after that term it lapses and gives no right to a refund. Once the session has been attended and the teacher has written up the report, the corresponding written lesson and audio are opened to the Student for seven days from that opening (article 9 bis), independently of any Subscription. The twelve months mentioned above apply to the session for as long as it remains unused: they do not extend access to the course it opens. Pay-as-you-go sessions are neither transferable to a third party nor exchangeable for a Subscription. Booking, cancellation and rescheduling follow article 7: a cancellation made less than 24 hours before the scheduled time, or a no-show, definitively uses up the pay-as-you-go session, just as it would deduct a lesson from a Subscriber's allowance.

6.5 Closing the account. The Student may close their account at any time from their personal space. Closing does not terminate the Subscription: as long as a Subscription is running or a session remains booked, closing is refused, the Student having first to terminate under article 6.3 and cancel their sessions. Closing is final and cannot be reversed: the Student's identity is erased from the account, their progress and access are deleted, while invoices and, where applicable, the record of the legal guardian's consent are kept for the periods set out in the Privacy Policy. An account left inactive for three years is closed on the same terms, after a warning sent thirty days in advance.

Article 7 — Video-conference lessons

7.1 Booking and class composition. Slots are booked through the calendar built into the Platform, subject to teacher availability and, where applicable, to the Student's plan. Sessions take place in small groups of up to five Students, bringing together participants of all ages, except for slots expressly presented as individual. Each booked seat corresponds to one account and one single participant, who connects from their own screen.

7.2 Cancellation or rescheduling by the Student. To protect teachers' schedules, any cancellation or rescheduling is free of charge up to 24 hours before the scheduled time, via the personal area. After that time, and in the event of absence, the lesson is deemed used: it is deducted from the package or invoiced. The corresponding written course and audio are nevertheless opened to the Student: only the session with the teacher is lost.

By exception, the lesson is re-credited where the Student can justify a case of force majeure or a medical impediment (upon presentation of supporting evidence sent to support within 7 days).

7.3 Cancellation by MIABELANGUE or by the teacher. If a lesson is cancelled by the teacher or by MIABELANGUE, for any reason whatsoever, or in the event of a technical impossibility of holding the lesson attributable to the Platform, the lesson is systematically re-credited to the Student’s plan or, if the Student prefers or if no rescheduling is possible within 14 days, refunded. If the teacher is not connected within 15 minutes of the scheduled time, the lesson is deemed cancelled by the teacher.

Article 8 — Store: physical Products and Digital Content

8.1 Physical Products (books, manuals). Orders are shipped to the address indicated by the Customer, who alone is responsible for its accuracy. The delivery date or period is indicated before the order is validated; failing that, MIABELANGUE delivers at the latest within 30 days of the order (Article L216-1 of the French Consumer Code). In the event of a failure, the Customer may, after an unsuccessful formal notice to proceed within a reasonable additional period, cancel the order and obtain a full refund within 14 days.

The risk of loss of or damage to the Products is transferred to the Customer at the time they (or a third party designated by them other than the carrier) take physical possession (Article L216-4 of the same code).

For deliveries outside the European Union, any customs duties, import taxes and clearance fees are borne by the Customer, and delivery times may be extended by customs formalities.

8.2 Digital Content (e-books, PDFs, videos). The download link or access is provided after payment is validated, under the conditions relating to the right of withdrawal set out in Article 10.3.

Article 9 — Prices and payment

9.1 Prices. Prices are stated in euros. MIABELANGUE currently benefits from the French VAT exemption for small businesses (article 293 B of the General Tax Code): VAT does not apply, and the prices shown are net prices with no tax to add. The total price, including delivery costs where applicable, is displayed before the order is confirmed. Should MIABELANGUE exceed the exemption threshold, VAT would apply to orders and instalments after that date, under the conditions of article 9.2; invoices already issued would not be affected.

9.2 Price changes. MIABELANGUE may change its prices for the future; orders and subscriptions are charged on the basis of the rate in force on the day they are validated. The applicable rate is displayed at all times on the Site. For ongoing Subscriptions, the new rate applies from the next monthly due date; a Student who does not accept it may terminate at any time, free of charge and without giving reasons, under the conditions of Article 6.3.

9.3 Payment. Payment is due upon ordering. It is made by the means offered on the Platform (bank card via Stripe, Mobile Money, etc.). Any fees charged by the Customer’s payment operator (in particular Mobile Money) are indicated, where known to MIABELANGUE, before payment is validated, and remain borne by the Customer. If a Subscription payment fails, MIABELANGUE informs the Student and makes a further attempt; absent settlement within 7 days, access may be suspended until payment, then the Subscription terminated.

9.4 Invoicing. An invoice is made available to the Customer in their personal area for each payment.

9 bis Single sessions. Sessions bought individually follow the same rule as those under a Subscription: any session used opens a written course and its audio. Access so opened is acquired for seven days from its opening, independently of any Subscription.

Article 10 — Right of withdrawal

10.1 Principle. The Consumer has a period of fourteen (14) days to withdraw, without having to give reasons or bear any costs other than those provided for in this article (Articles L221-18 et seq. of the French Consumer Code). This period runs:

• for Products, from receipt of the good by the Consumer or a third party designated by them (in the case of an order for several goods delivered separately, from receipt of the last good);
• for Subscriptions, Video Lessons and Digital Content, from the conclusion of the contract.

10.2 Exercise. The Consumer exercises this right by sending MIABELANGUE, before the period expires, the model form reproduced in Annex 1, or any other unambiguous statement expressing their wish to withdraw: by e-mail to contact@miabelangue.com or via their personal area. MIABELANGUE acknowledges receipt without delay on a Durable Medium.

10.3 Digital Content — loss of the right of withdrawal. In accordance with Article L221-28, 13° of the French Consumer Code, the right of withdrawal can no longer be exercised for Digital Content supplied without a tangible medium where its performance has begun before the end of the withdrawal period and where the Consumer has, at the time of ordering, (a) given their prior express agreement for immediate performance — by means of a dedicated checkbox, not ticked by default — (b) expressly waived their right of withdrawal, and (c) MIABELANGUE has confirmed this consent and this waiver to them on a Durable Medium. These consents are collected with every order and are a condition of its validation: MIABELANGUE does not offer deferred provision upon expiry of the period. Absent one of them, the right of withdrawal would remain acquired under ordinary law.

10.4 Subscriptions, pay-as-you-go sessions and Video Lessons — early performance. Access to the Platform, to booking and to Video Lessons is opened as soon as payment is validated. The Student expressly requests it when ordering, by means of a dedicated checkbox not ticked by default, through which they request immediate performance and waive their right of withdrawal; this consent is a condition of the order’s validation. If they then withdraw within the 14-day period, they are refunded the price paid, less an amount proportionate to the service already provided up to the communication of their decision to withdraw (Article L221-25 of the same code) — for example, the Video Lessons already consumed and the fraction of the Subscription period elapsed. The right of withdrawal can no longer be exercised if the service has been fully performed before the end of the period, with the Consumer’s prior express agreement and express waiver (Article L221-28, 1°).

10.5 Physical Products. As of today, MIABELANGUE does not sell any physical Product: only Digital Content and services are offered. The provisions of this article concerning the return of Products therefore do not apply. Should physical Products be offered, the return address would be given to the Consumer before their order is confirmed and repeated in the withdrawal form; failing any indication to the contrary, returns would be sent to the registered office: 61 rue de Lyon, 75012 Paris. The Consumer would then return the Products without undue delay and at the latest within 14 days of communicating their withdrawal, the direct cost of return being borne by them; their liability could only be engaged for any diminished value of the Product resulting from handling other than what is necessary to establish its nature, characteristics and functioning (Article L221-23), the return not being conditional on a “new” or “perfect” condition.

MIABELANGUE refunds all sums paid, including the initial delivery charges (at the cheapest standard rate offered), at the latest within 14 days of the date on which it is informed of the withdrawal — this refund may be deferred until the Products are recovered or until the Consumer has provided proof of their dispatch. The refund is made using the same means of payment as the one used, unless the Consumer expressly agrees to another means.

Article 11 — Legal guarantees

Independently of any commercial warranty and of the right of withdrawal, the Customer benefits from:

• for Products, the legal guarantee of conformity (Articles L217-3 et seq. of the French Consumer Code) and the guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code);
• for Digital Content and digital services (Subscription, e-books, videos), the legal guarantee of conformity provided for in Articles L224-25-12 et seq. of the French Consumer Code.

To invoke these guarantees, the Customer contacts support: contact@miabelangue.com. Bringing into conformity takes place free of charge for the Customer.

Article 12 — Intellectual property and licence of use

The Platform and all the elements that compose it (texts, videos, images, graphics, logo, icons, sounds, software, teaching method, databases) are the exclusive property of MIABELANGUE or are the subject of usage rights duly granted to it. They are protected by intellectual property law.

MIABELANGUE grants the Student, for the duration of their Subscription or of their right of access to the purchased content, a personal, non-exclusive, non-transferable and non-commercial licence to use the teaching content, for their learning needs only. This licence includes the uses expressly provided for by the Platform’s features (consultation, downloading of the booklets provided for that purpose, printing for personal use).

Any other reproduction, representation, distribution, extraction, resale or making available to third parties, in whole or in part, of the content or of the Platform, by any process whatsoever, is prohibited without MIABELANGUE’s prior written authorisation. Recording Video Lessons is authorised only with the prior agreement of the teacher and of MIABELANGUE.

Article 13 — Account security and credential sharing

Login credentials are strictly personal. The Student is responsible for keeping them confidential and shall inform MIABELANGUE without delay of any unauthorised use of their account. Each account corresponds to one single person: during a video session, the presence of several participants behind a single booked seat constitutes account sharing within the meaning of this Article.

Sharing an account with third parties is prohibited. In the event of an established breach, MIABELANGUE applies a graduated response: (1) a warning sent by e-mail; (2) in the event of repetition, temporary suspension of the account for up to 7 days; (3) in the event of a further breach, termination of the Subscription subject to 7 days’ notice given by e-mail, with a pro-rata refund of the paid and unconsumed period.

In the event of characterised fraud (in particular resale of access, organised account pooling, circumvention of technical measures), MIABELANGUE may terminate the Subscription immediately, by reasoned notification on a Durable Medium, with a refund of the unconsumed pro-rata, without prejudice to damages. The Student may contest the measure with support, then under the conditions of Article 17.

Article 14 — Rules for using the service

The Student undertakes to make fair use of the Platform and to behave respectfully towards teachers and other students, in particular during Video Lessons. The following are prohibited: any insulting, discriminatory or harassing remarks or behaviour; any interference with the operation of the Platform; any unauthorised automated use (mass extraction, scraping).

MIABELANGUE implements reasonable means to ensure access to the Platform 24/7, without guaranteeing uninterrupted availability. Scheduled maintenance operations are, as far as possible, notified in advance and carried out at off-peak hours. In the event of prolonged unavailability attributable to MIABELANGUE, the access period is extended accordingly or the Student is compensated on a pro-rata basis.

The learning services constitute an obligation of means: MIABELANGUE does not guarantee a level of progress or a result in an examination.

Article 15 — Liability and force majeure

MIABELANGUE is liable as of right towards the Consumer for the proper performance of the obligations arising from the distance contract (Article L221-15 of the French Consumer Code), unless it demonstrates that the non-performance is attributable to the Consumer, to the unforeseeable and insurmountable act of a third party unconnected with the provision of the services, or to a case of force majeure.

MIABELANGUE’s liability is limited to direct and foreseeable damages. Nothing in these T&C excludes or limits MIABELANGUE’s liability in the event of wilful misconduct, gross negligence, personal injury, or in any other case where such a limitation would be set aside by law.

Performance of the obligations is suspended in the event of force majeure within the meaning of Article 1218 of the French Civil Code, for the duration of the impediment. If the impediment exceeds 30 days, either party may terminate the contract; the sums corresponding to services not provided are then refunded.

Article 16 — Personal data

MIABELANGUE, as data controller, processes Customers’ personal data for the management of accounts, orders, Subscriptions, educational follow-up, invoicing and, subject to consent where required, commercial communication.

Full details of this processing (purposes and legal bases, retention periods, recipients and processors, transfers outside the European Union and associated safeguards, cookies) are set out in the Privacy Policy, which forms an integral part of the information provided to the Client.

In accordance with Regulation (EU) 2016/679 (GDPR) and the French Data Protection Act, the Customer has the rights of access, rectification, erasure, objection, restriction of processing and portability of their data, as well as the right to define directives concerning their fate after death. These rights are exercised with: contact@miabelangue.com. The Customer may also lodge a complaint with the CNIL (www.cnil.fr).

Newsletter. The Customer may, if they wish, subscribe to the MIABELANGUE newsletter. Subscription is optional and unrelated to the performance of the contract: it is in no case a condition of access to the Services or of taking out a Subscription. It requires a checkbox that is never pre-ticked, and no newsletter is sent to an address MIABELANGUE has not verified as belonging to the person requesting it: a subscription requested from the website awaits the click of a confirmation link sent to that address; one requested when creating an account takes effect once the account address is verified; one requested from the “My account” area takes effect immediately, the address already being verified. Consent may be withdrawn at any time, free of charge and without justification, from the unsubscribe link included in every mailing or from the “My account” area. This withdrawal has no effect on messages relating to the account and to orders — confirmations, invoices, lesson reminders — which form part of the performance of the contract and cannot be unsubscribed from.

Article 17 — Complaints and disputes

17.1 Prior complaint. Any complaint is addressed to MIABELANGUE support (contact@miabelangue.com), which endeavours to respond within 30 days.

17.2 Applicable law and jurisdiction. These T&C are governed by French law, without prejudice to the mandatory consumer-protection provisions in force in the Consumer’s country of habitual residence. Failing an amicable resolution, the dispute is brought before the competent courts under ordinary law; the Consumer may in particular refer the matter, at their choice, to one of the courts having territorial jurisdiction under the Code of Civil Procedure or, if they reside in the European Union, to the courts of their State of residence under the conditions of Regulation (EU) No 1215/2012.

Article 18 — General provisions

Evidence. The Platform’s computerised registers and logs (timestamps of orders, acceptances of the T&C, consents given) are kept under reasonable security conditions and may be produced as evidence of the parties’ exchanges and acts, without depriving the Consumer of the possibility of providing evidence to the contrary.

Language. These T&C are drafted in French. If a courtesy translation is provided, the French version prevails.

Partial invalidity. If a stipulation of the T&C is declared void or deemed unwritten, the other stipulations retain their full validity.

No waiver. The fact that MIABELANGUE temporarily does not avail itself of a stipulation does not constitute a waiver of the right to avail itself of it later.