General Conditions of Sale of online services to individual consumers
Preamble:
These general terms and conditions of sale (hereinafter “GTCs”) detail the rights and obligations of the micro-company Manon MADI (using the trade name of Manoztralia) and its customer in the context of the sale of services. The GTCs apply to all services concluded with the company Manon MADI (Manoztralia).
Manon MADI (using the trade name of Manoztralia) is a sole proprietorship, located at 8 rue Louis de Male, 59122 HONDSCHOTE (France), created on October 18, 2019 and whose SIRET number is 878 309 970 00019.
- Site URL address: www.manoztralia.fr
- Email address: info@manoztralia.com
- Telephone: 07 83 00 80 76
The customer declares to have read and accepted the general terms of sale prior to placing the order. The validation of the order is therefore worth acceptance of the general terms and conditions of sale.
Article 1 – Content and scope
These GTCs apply by right to the following services: sale of “Adventurer”, “Ready-to-go”, “I Speak English 2.0” starter packs.
The products available “à-la-carte” govern the general terms and conditions of sale of the partners who will provide the services chosen by the customer.
The sale is deemed concluded on the date of acceptance of the order, by signature, or on the immediate purchase by the seller.
The buyer declares to have read these T&Cs and to have accepted them before his immediate purchase or the placing of his order.
Manoztralia provides advice, guidance and support services for all requests concerning linguistic stays, tourism or for the Working Holiday Program (WHV) in Australia.
Manoztralia advises, accompanies and guides in the preparation, booking and registration process. Manoztralia brings its experience, expertise and explanations in French and English.
The conditions of stay are imposed by the Australian immigration office. All costs incurred in obtaining a visa are your responsibility and are not included in the departure packages. Please consult the immigration website for more information: https://www.homeaffairs.gov.au/
Manoztralia provides administrative assistance with the visa application but is not responsible in any way for a visa refusal.
Manoztralia uses partners and service providers specialized in their field (insurance, flights, transportation, housing, studies, etc.) to answer your questions and meet your expectations.
Manoztralia is not held responsible in case of non-fulfillment or partial fulfillment of the service ordered by it.
Manoztralia also accompanies you through all the stages of the student visa application. Manoztralia coordinates and follows the registration formalities that you ask us to do on your behalf, whether in French or English. Manoztralia organizes the reservations and payment of the service providers we choose together.
Manoztralia retransmits to you, in French, the information necessary for the smooth preparation for your departure, your arrival and your installation.
Manoztralia works only with experienced and insured professionals whose products/services we regularly check. However we cannot be held responsible for last minute changes made by these partners or by the Australian government.
Manoztralia does not act as an immigration agent. This is strictly prohibited and condemned by the Australian Department of Immigration and Border Protection. However Manoztralia can, at your request, put you in contact with an immigration agent.
Manoztralia does not fulfill the role of insurer, real estate agent or travel agent. However we can, at your request, put you in contact with professionals in the trade.
Article 2 – Pre-contractual information
Prior to the immediate purchase or the placing of the order and the conclusion of the contract, these GTC are communicated to the buyer, who acknowledges having received them. They are also available on the website www.manoztralia. fr
The following information is communicated to the buyer in a clear and understandable manner:
- The essential characteristics of the service;
- The price of the service or the method of calculating the price, and if applicable, any additional costs of transport, delivery or postage and any other possible costs;
- The date or time by which the provider undertakes to perform the service, regardless of its price, and any other contractual conditions ;
- Information about the provider’s identity, postal, telephone and electronic contact details, and activities;
- The arrangements for dealing with complaints;
The service provider must also provide or make available to the buyer the following information:
- Status and legal form, contact details enabling rapid contact and direct communication with it.
Article 3 – Quotation and Order
The services give rise to the establishment of a prior quotation. The sale will be considered final only after the signature of the purchase order from the customer.
The estimates established by Manoztralia have a validity period of 14 days.
By order, it should be understood any order relating to the services listed on the estimate, accepted by the customer, and accompanied by the payment of the deposit provided on the purchase order.
Any order, to be valid, must be established on estimate, available to the customer.
Any order form received by Manoztralia signed is deemed to be a firm and final order.
It entails adherence and full acceptance of these GTCs and obligation to pay for the products ordered.
The buyer has a right of withdrawal of 14 days from the conclusion of the contract, except as provided by Article L.211-28 of the Consumer Code.
Article 4 – Performance of the service and termination of the contract
Unless there are special express conditions specific to the sale, the performance of the service will be carried out within 31 working days from the receipt of payment.
We will then collect the data and information necessary for your registrations and share with our partners the strictly necessary data. We will only collect and share data that is strictly relevant to your trip. We will not use your data for commercial purposes, nor will we sell your information. The data we share with partners is for the exclusive purpose of confirming your reservations: shuttle, accommodation, training, information, etc.
Each order requires the following information from the customer:
Copy of passport – copy of airline ticket – Phone number, email address, postal address – emergency contact (full name, address, phone and relationship) – marital status – CV with full references – Social networks release – PayPal account – Documents to be translated (driver’s license, birth certificate, certificates, declarations on honor, diplomas, criminal record… ) – PVT insurance certificate or student visa – Australian banking data (account number, password on opening, RIB…) – Australian tax number – Australian phone number
The said data will be kept at least for the duration of the customer’s trip, and within a maximum of 4 years.
In case of failure of Manoztralia to fulfill its obligation of execution at the date or at the expiration of the period provided for above, or, failing that, at the latest 60 days after the conclusion of the contract, the buyer can cancel the contract, under the conditions of articles L.216-2 and L.216-3 and L.216-4 of the code of consumption, by registered letter with acknowledgement of receipt, if after having enjoined, according to the same modalities, the professional to provide the service within a reasonable additional time, the latter has not performed within this time.
The contract is considered as resolved upon receipt of the letter by the professional, unless the professional has performed in the meantime.
Nevertheless, the buyer may immediately rescind the contract where the trader refuses to provide the service or where he fails to perform his obligation to provide the service on the date provided, if that date or time constitutes an essential condition of the contract for the buyer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request by the consumer before the conclusion of the contract.
Except in the case of force majeure, the deposit paid at the time of the order is acquired by operation of law and cannot give rise to any refund.
Article 5 – Price and Payment
Prices are denominated in Euros and calculated inclusive of tax. These rates are fixed.
Manoztralia grants itself the right to modify its rates at any time.
Manoztralia will not be required to perform the services agreed in the contract if the customer does not pay the full price. After this period, and at the expiration of a period of 8 days after formal notice remained unsuccessful, the Buyer will have to pay in addition to the payment of interest corresponding to double the legal interest.
Manoztralia is not subject to intra-community VAT.
Payments made by the buyer will be considered final only after actual collection of the sums due.
Service fees will be charged for any payment via Paypal.
An invoice will be given to the buyer.
Article 6 – Cancellation and refund conditions
Cancellation conditions are the conditions under which Manoztralia will be able to reimburse you following the cancellation of the reservation you made.
The reason for the cancellation must be justified. A file is considered cancelled as soon as the notice of cancellation is received, made in writing, by the payer of the invoice.
The cancellation fee, per file, is then calculated according to the following conditions and the bank charges are not refunded:
- More than 7 days before departure: refund of 20% on the total cost of the pack,
- Between 0 and 7 days before departure: no refund,
- No refund after the departure date.
The dates and place of arrival are indicated when filling out the registration form.
If you have indicated an incorrect date or place of arrival, Manoztralia can not be held responsible for any resulting bad bookings and our partners may charge accordingly. The application of special days not worked, strikes or holidays do not result in the reimbursement, even partial, of your activity or training. You can ask your counselor for a list of holidays if you are unsure.
Special case:The cancellation conditions for English training and refresher courses are imposed by our partners. Therefore, they vary by each provider. They are clearly indicated on the offer letter and are automatically accepted upon signature of the latter.
Manoztralia and its partners reserve the right to cancel a program or training at the last moment in case of force majeure. In this case, the customer will be able to either make a claim, request a refund, or ask to be transferred to a similar program.
The refund, once validated, is made by returning part of the amount paid by the payer by bank transfer.
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Article 7 – Intellectual Property
All technical documents, products, drawings, photographs given to buyers remain the exclusive property of Manoztralia, the sole owner of intellectual property rights on these documents, and must be returned to him at his request.
Buyers customers agree not to make any use of these documents, likely to infringe the industrial or intellectual property rights of the supplier and agree not to disclose them to any third party.
Article 8 – Claims
For any claim, it is advisable to contact the customer service of the company Manoztralia, by mail or email. The customer is informed of his right to resort to conventional mediation, with the existing sectoral mediation bodies and any alternative dispute resolution method. He/she is aware that he/she can also have recourse to the online dispute resolution platform (RLL).
Article 9 – Competent Jurisdiction
All disputes to which the purchase and sale operations concluded in application of the present general conditions of sale could give rise, concerning both their validity, interpretation, execution, termination, consequences and their consequences and which could not have been resolved amicably between the seller and the customer, shall be submitted to the competent courts under the conditions of common law.
For the definition of the competent jurisdiction, the salesman elects residence in Hondschoote.
Article 10 – Applicable Law and Language
These GTCs are written in French language and are subject to the application of French law. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
The competent court is the district court for disputes amounting to less than or equal to €10,000 or the high court for disputes amounting to more than €10,000.
This is the case for both substantive and formal rules. In case of dispute or claim, the buyer will address in priority to the seller to obtain an amicable solution.