Terms and conditions
The below conditions of sales are concluded
between the company ESbyP Sarlu (Speaking English by Practicing) with a share capital of 1,000,000 CFA Francs whose head office is located in Côte d’Ivoire, at Abidjan Cocody Angré Rosier programme 6, villa 20. Boite Postale : 06 BP 6919 Abidjan 06.
on the one hand,
Registered in the Trade and Securities Credit Register of Côte d’Ivoire (RCCM) under number CI-ABJ-2020-B-12634, whose taxpayer account number is 2038327 U, hereinafter referred to as “the promoter” of the French version of the online course site https://esbyp.com/,
and any natural or legal person wishing to purchase a service and / or product via the website https://esbyp.com/ hereinafter referred to as “the client,” on the other hand.
Article 1. Objet
The following conditions of sales aim to define the contractual relationship between the promoter and the client; as well as the conditions applicable to any purchase made via the website. https://esbyp.com/.
Ordering a service and / or purchasing a product through this site implies the client’s resolute acceptance of these conditions of sales, which the client acknowledges he has read prior to placing his order.
Prior to any transaction, the client declares, on the one hand, that the purchase of service and / or product on the site https://esbyp.com/ is not directly related to his professional activity and is limited to a strictly personal use, and, on the other hand, that he has full legal capacity that entitles him to engage under these general terms and conditions of sales.
The promoter retains the possibility of modifying these conditions of sales at any time, in order to comply with any new regulations or in order to improve the use of its site. Therefore, the applicable conditions will be those in force on the date the client placed his order.
Article 2. Services / Products
Services and products available are those that are displayed on the website https://esbyp.com/of the company ESbyP Sarl.
The promoter reserves the right to modify the assortment of services and products at any time. Each service or product is presented on the website with a description showing its main technical features, e.g. (content of a course, duration, mode of use or transmission of training, choice of a date and a coach, etc.)
The client’s choices of coaches will be respected as much as possible. However, the promoter reserves the right to assign an available coach to meet the client’s schedule.
Article 3. Costs
The prices appearing on the service and product sheets on the site https://esbyp.com/ are stated in CFA francs, all taxes included (TTC) taking into account the VAT applicable on the day of the order.
Any change in the VAT rate may be reflected in the price of the products. The promoter reserves the right to modify its prices at any time. It’s understood however that the price appearing on the site on the day of the order will be the only one applicable to the customer.
The prices indicated do not include technical assistance costs (online technical assistance, technical assistance in person at the client’s premises). ESbyP Sarlu can assign a technician to the client to set up its equipment (PC, Tablet, Smartphone, videoconference software, etc.). This additional service will be billed additionally.
Article 4. Ordering and Terms of Payment
When placing his first order, the client can create his account on the site https://fr.esbyp.com. A checkbox to save your information will be displayed as you finalize the order. At each visit, if the client wishes to order or consult a product, he will no longer need to enter his credentials. He will only have to connect to his account.
In order to finalize his order, the customer must choose his method of payment. Currently, only payment by Mobile Money is activated. Other payment methods will be offered later.
– Payment by Mobile Money: the client selects the services and / or products he wishes to order and then adds them to his “basket”. He can make modifications as needed (quantity, date and time of class etc.); check his information or fill in the fields, then check the total amount invoiced. For now, payment by Mobile Money is automatically activated.
The last step consists in reading and accepting these general terms and conditions of sales by checking the corresponding box. Finally, the client can validate his order by clicking on the button “Confirm my order”.
This last click concludes the contract. Upon validation, the customer receives his invoice confirming the registration of his order by email. In order to finalize his payment and trigger the processing of his order, the customer must proceed to the payment of his order either:
– via ORANGE Money by dialing # 144 * 1 # the reception number is +225 0790 8595
– via MTN Money by dialing * 133 # the reception number is +225 4517 3490
– via Moov Money by dialing * 155 # the reception number is +225 4017 4444
by indicating its invoice ID number.
No cash payment should be made to a third party on behalf of ESbyP Sarlu. ESbyP Sarlu will not take into account any payment made by the client outside the terms indicated above.
The confirmation of an order implies the acceptance of these conditions of sales, the fully awareness of them and the waiver of its own conditions of purchase.
Article 5. Execution of services, delivery of physical and virtual products
Execution of training services
After the client has paid for a training service he ordered, a notification of the procedure for accessing the virtual training room is sent to him by email. This notification includes: confirmation of the date of the course, the name of the coach. A connection test will be performed before the beginning of the training session. The client will receive a reminder email and a text message on the day of the course 05 minutes before the start of the course, and 10 minutes after the agreed time. If the client fails to respond within 05 minutes, the session will be considered held. The customer will not be entitled to any refund or postponement of the session.
Delivery of virtual products
Virtual products (video, e-book, audio lessons etc.) are delivered through downloading. After payment of the order by the customer, an email containing the download links of his orders are sent to him. The customer will only have to click on the links to start the download. The links become inactive after the download.
The download link can only be used once. If the client encounters difficulties during his download (his internet is slow, the link no longer works after several download attempts etc.) he must contact ESbyP Sarlu through the email email@example.com and indicate the ID number of his order to receive a new link. If the download control system shows that the client’s download was successful, the customer will be prompted to make a new purchase.
Delivery of physical products
Deliveries are made to the address indicated on the order form, which can only be in the agreed geographic area. Delivery times are only indicative; if these exceed thirty days from the order, the sales contract may be terminated and the client reimbursed. ESbyP Sarlu can provide the client with the tracking number of his package by email. The client is delivered by the delivery service of ESbyP Sarlu. One day before the delivery, the client will be contacted to agree on the time of delivery. However, if the customer is absent, he will receive a notification from the delivery person, which allows him to collect the products ordered from the outlets of ESbyP Sarlu, or to schedule a new delivery date. This new delivery will be billed to the client.
The customer is required to check in the presence of the delivery person, the condition of the packaging of the goods and their contents on delivery. In the event of damage during transport, any claim must be addressed to ESbyP Sarlu within three days of delivery.
Article 6. Withdrawal – Cancellation – rescheduling of appointments
The client has a period of 12 hours before the start of his session, to cancel and reschedule his session. After this deadline, the meeting will be considered held. Any session modified on time can only be rescheduled once.
The client has a period of 02 working days from the delivery of his order to exercise his right of withdrawal and thus, return the product to the promoter for replacement or refund without penalty, with the exception of return costs.
Article 7. Retention of title
ESbyP Sarlu retains full ownership of the services and products sold until the price has been fully collected, in principal, costs and taxes included.
Article 8. Guarantee
All products supplied by ESbyP Sarlu benefit from the legal guarantee provided for by articles 1641 and subsequent clauses of the Civil Code. In the event of non-compliance of a product sold, it may be returned to ESbyP Sarlu, which will take it back, replace it or refund the client. All claims, requests for exchange or refund must be made by email to the following address: firstname.lastname@example.org, within 02 days of delivery.
Article 9. Liabilities
ESbyP Sarlu, in the process of distance selling, is only bound by an obligation of means. It cannot be held liable for damage resulting from the use of the Internet such as loss of data, intrusion, virus, interruption of service, or other unintentional problems.
Article 10. Intellectual property
All elements of the ESbyP Sarlu site are and remain the intellectual and exclusive property of ESbyP Sarlu. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of a photo, logo, visual, video, soundtrack or text.
Article 11. Personal Data
ESbyP Sarlu undertakes to preserve the confidentiality of the information provided by the client, which he may have to transmit for the use of certain services. Any information concerning him is subject to the provisions of the Law No. 78-17 of 6 January 1978. As such, the client is entitled to accessing, modifying and deleting information concerning him. He can request it at any time by email to the following address: email@example.com
Article 12. Settlement of disputes
These conditions of distance selling are subject to Ivorian law. For all disputes or litigation, the competent court will be the Commercial Court of Abidjan.