Terms

These Terms and Conditions define the rights and obligations of the parties in regard to the use of this Website, including those related to information posted on the Website. Please read these Terms and Conditions carefully. Providing your details on the Website or submitting Orders through the Website means the acceptance of the provisions of these Terms and Conditions and of the Privacy Policy.

  1. Definitions
    1. Payment Service Provider – a third party which provides the services of data processing, handling payments, invoicing of amounts due, accounting and reporting services to settle the Sale.
    2. Privacy Policy – a set of regulations for the processing of personal data and privacy protection rules, applicable to Users of the Website, described in detail on the "Privacy Policy" page of the Website.
    3. Product – every product (or service) described on the Website, which can be the subject of an Order made by the User, in compliance with these Terms and Conditions.
    4. Refund – a refund of the price, or part of the price, of the Product purchased, described in detail in Section VIII of these Terms and Conditions.
    5. Terms and Conditions – these terms in their entirety.
    6. Seller – the entity responsible for the correct functioning of the Website, which enables the execution of a Product Order and the conclusion of a sale transaction.
    7. Sale – confirmation by the Trader of the conclusion of a contract for the purchase of the Products, as per the User's Order.
    8. Page – the website registered at: lingfluent.com, which displays an invitation to make an Order.
    9. Platform – software used to operate the Website and implement other services related to Order fulfilment.
    10. User – a natural person visiting the website who is a consumer within the meaning of the relevant law.
    11. Order – an offer made by the User to purchase the Products.
  2. We value your opinion
    1. Every User using the Website is able to share their opinion with us.
    2. Comments and suggestions should be sent to the email address indicated on the Website.
    3. Every message should:
      1. have the format of a text message;
      2. contain attachments in the form of images or audio and video files in the following formats: jpg, bmp, pdf, mp3, midi, wav, mpeg, qt, avi, flv, mp4, mpg, wmv, vcd or asf;
      3. contain only truthful information;
      4. contain a detailed description of all the attached pictures, audio and video files, including the following information:
        1. include the full name or the last name's initial of the User in the photograph/recording;
        2. include a short description of what is shown in the photograph/recording;
        3. include the name of the Product that the photograph/recording refers to;
        4. it should define the period during which the Product was used;
        5. have all the attachments in the original form, i.e. not manipulated in any graphics editing programs;
        6. the message should not contain anything offensive, coarse, discriminating or illegal.
    4. The User submitting a comment must have the right to publish and distribute all the submitted audiovisual material.
    5. The User submitting a comment agrees to the publication of its contents, or a portion thereof, in the materials accompanying the Website and other websites containing a description of the Product the said comment refers to.
    6. With a view to protecting the privacy of the persons whose words and/or photos are posted on the pages of this Website, their personal details may be changed.
  3. General Terms of Use of this Website
    1. The Website also includes an English version of these Terms and Conditions. In case there is any divergence of interpretation, the English version of these Terms and Conditions shall prevail.
    2. All the commercial information, price lists and Product advertising contained on this Website are solely an invitation for the Users to make offers and conclude contracts directly with the Trader. None of the information contained on the Website, regardless of its name, can be regarded as an offer within the meaning of applicable law.
    3. An Order placed by the User constitutes an offer to purchase the Product, and it represents acceptance of all the provisions of these Terms and Conditions and of the Privacy Policy.
    4. The User placing the Order must be at least 18 years of age and have full legal capacity or hold a consent from his or her legal guardian, in accordance with the statutory laws applicable in the current location of the User.
    5. The provision of services and the Sale of Products by any Seller as well as ensuring their delivery to the following territories is impossible right now: Afghanistan, Bangladesh, Belarus, Burma (Myanmar), Burundi, Cambodia, Central African Republic, Democratic Republic of the Congo, Cuba, Djibouti, Eritrea, Ethiopia, Equatorial Guinea, Gambia, Guinea, Guyana, Iran, Iraq, Kuwait, Kosovo, Laos, Lesotho, Liberia, Mauritania, Mongolia, Niger, North Korea, Palestinian Territory, Rwanda, Sierra Leone, Somalia, Suriname, Syria, Tajikistan, Turkmenistan, Uganda, Western Sahara, Yemen, Zimbabwe. Orders which require delivery to any of those territories will, in principle, not be accepted by the Trader. However, by way of exception, an Order may be executed and shipped to these territories at the request of the User – for this purpose, the User is asked to contact our Customer Service Department.
    6. Current information on the Products and their prices is valid immediately it is displayed on the Website.
    7. The entire content of the Website remains the sole property of its respective owners. The Products described on the Website comply with all legal requirements applicable at their points of sale. The point of sale is always the established seat of the Trader. The person interested in the Products shown on this Website who wishes to make an offer of their purchase should become acquainted with the applicable local laws relating to the purchase of the Products described on the Website and is obliged to observe these regulations.
    8. The Trader reserves the right to change the prices of the Products described on the Website, to introduce new Products and withdraw previously displayed Products, and to launch and cancel promotional campaigns, or introduce changes to them without prior notice.
    9. To ensure effective execution of the Order, it is important to provide correct data via the IT system of the Platform or by means of electronic communication. The provision of an email address is necessary to confirm the acceptance of the Order. For the purpose of additional Order confirmation over the phone, if applicable, the User is asked to provide their telephone number.
    10. Personal data, submitted while placing an Order, is processed by the Payment Service Provider or the Trader to the extent necessary for Order fulfilment, including online and offline payment settlement and after-sales service, in accordance with the Privacy Policy.
    11. For privacy protection, in accordance with our Privacy Policy, the names and personal data of Users and other individuals whose comments and photos have been uploaded to the Website may be subject to modifications.
    12. Despite the best efforts made, there is no guarantee that the published Product descriptions do not contain inaccurate information or errors, and therefore they cannot constitute the basis for any claims. The Trader will make every effort to ensure the accuracy and up-to-date character of all information found on the Website. At the same time, the Trader cannot guarantee that the information presented will completely exhaust the issues raised. Therefore, the Trader shall not be liable in the event of inaccuracies in the content of the available information. The Trader reserves the right to change, modify and update the content on the Website at any time.
  4. Intellectual property
    1. All the Products displayed on the Website, as well as other names, are used for identification purposes only; they can constitute protected trademarks of their respective owners, or of the Trader. All the trademarks, company and manufacturers’ names have been used on the Website solely for information purposes and are the property of their respective owners.
    2. The content of this Website is subject to copyright protection or other intellectual property laws and it may not be used for any purposes other than those expressly permitted in these Terms and Conditions – in particular it may not be copied, in whole or in part.
    3. It is prohibited to collect, use, reproduce and/or post on any other website or websites of other online traders any materials derived from this Website, in particular information concerning the Products. It is also forbidden to use the names of the Products and of the Trader, as well as labels, photos, descriptions of the Products, or any part of the Website, for purposes other than private and non-commercial ones.
    4. All texts, data, graphics, images, logos, photos, files, and all the other materials found on the Website, as well as the selection, organisation, coordination and compilation of the materials and the overall appearance and nature of the Website constitute the intellectual property of the Trader or their respective legal owners. They are protected by copyright, design rights, patent rights, trademark law and other regulations, including international conventions and proprietary rights. All such rights are reserved by the Trader or the other owners. All trademarks, brand names and trade names are the property of the Trader or other entities. Without the express permission of the owner of the copyright to these materials, neither the User, nor any other persons have any right to sell, distribute, copy, modify, reproduce, publicly display or transmit, publish, edit or adapt these elements, grant licences for their use, create derivative works, or use them in any other way.
  5. The sale of the products described on the Website and Order execution
    1. Orders are accepted 24 hours per day, 365 days per year.
    2. Orders can be placed online or by telephone from anywhere in the world.
    3. The Sale is completed after verification of the availability of the Product and the technical feasibility of the transaction between the Trader and the User.
    4. The moment of submitting the Order is not equivalent to the moment of the Sale being completed.
    5. The Trader reserves the right to refuse the execution of the Order without stating a reason.
    6. Orders submitted on business days after 12 pm, on Saturdays, Sundays and Public Holidays will be reviewed on the following business day (in exceptional circumstances this period may be extended).
    7. Upon Order confirmation by the Trader, the contract of sale of the Product between the User and the Trader is concluded. The User may receive additional confirmation of the contract conclusion electronically to the email address they provided.
    8. In the case of Sale, the Products covered by the Order will be delivered electronically.
    9. Payments may be recorded and processed by different Settlement Service Providers (respectively, depending on the selected method of payment).
    10. If the prepayment option is selected, the Product is sent upon the receipt of the funds in the amount of 100% of the order value and the additional costs (e.g. shipping, insurance), if any, and after a Sale transaction is made.
    11. In the event that the Trader fails to complete the sale of an already paid Order, the payment is returned to the User.
  6. Changing an Order
    1. If an Order is placed for a Product whose indicated price is incorrect due to the Website administration or server error, the User will be informed of this fact and the Order may be cancelled.
    2. The User may change their entire Order no later than within 2 hours of the confirmation of the Order, subject to other provisions resulting from these Terms and Conditions. To do this, the User should contact the Trader via email sent to: support@lingfluent.com
  7. Withdrawal from the agreement
    1. As the sales contract between the User and the Trader is concluded exclusively as a distance contract, the User has the right to withdraw from it each time – without stating the reason – within 14 days from Order confirmation (i.e. the date of Sale), however, subject to the provisions below.
    2. The User does not have the right to withdraw from an off-premises or distance contract, i.a. with respect to contracts:
      1. For the provision of services, if the Trader has provided the service in full with the express consent of the User who has been informed prior to the commencement of service provision that after the Trader provides the service, the User loses their right to withdraw from the contract; and
      2. For the supply of digital content which is not stored on a durable medium, if the performance has begun with the express consent of the User before the expiry of the deadline for withdrawing from the contract and after the User has been informed by the Trader that the User loses the right of withdrawal from the contract.
    3. Withdrawal from the agreement should be made by sending an email to: support@lingfluent.com or sending a letter to the Trader's address listed at the beginning of these Terms and Conditions, specifying the bank account of the User into which the money should be refunded. The notification of withdrawal must be sent before the expiry of the 14-day period specified in paragraph 1 above.
    4. The Trader reserves the right to withdraw from a contract in the case of a technical problem which arose in the course of Order execution, which the User will be informed about. In this case, the User will not be obliged to incur any costs.
  8. Complaints Procedure
    1. All complaints relating to the functioning of the Website or to the Products themselves should be sent to the following email address: support@lingfluent.com.
    2. Complaints shall refer to the Products which are not conforming to the contract (e.g. are defective, malfunction or have other faults).
    3. Notwithstanding the provisions concerning the lack of the right to withdraw from an off-premises or a distance contract and the right to file complaints about Products, as described in Section 8.2 above, the Trader grants the User a so-called “satisfaction guarantee”, which is the right to a refund of a part of funds for the unused part of the purchased Product, on the principles set out below.
    4. The refund for a product with respect to which a complaint has been lodged under the satisfaction guarantee is only possible on the basis of the following principles:
      1. The complaint shall be submitted before the expiry of 60 days from the date of receipt of the Product (the possibility to use it) by the User, to the following email address: support@lingfluent.com;
      2. The refund will apply only to a part of the purchase price of the Product corresponding to the unused portion of the Product expressed as a percentage, and the User may in such a case use no more than 10% of the Product, for example: If the User using a product which is an online course makes progress in the course of 9%, the amount of 91% of the Product price will be refunded to them;
      3. The provisions of Sections 5 to 8 below shall apply accordingly.
    5. The minimum scope of information that shall be provided in the complaint letter or a letter submitted under the satisfaction guarantee shall include the following: data of the User by whom the Order has been submitted (name and surname of the User, the address to which the Products were delivered, email address and telephone number), the name of the purchased Products, a photo or a scan of a promotional code if the product was bought with the pay on delivery option, the start and end date of using the Products and the exact description of the entire period of using the Products and the results of their use, the expected method of resolving the complaint (i.e. repair or replacement of the Products or a Refund) and a bank account number (including both IBAN and SWIFT codes) to which the Refund is to be made. In addition, the complaint letter shall be legible, prepared in a form which enables reading the contents of the letter and shall include a legible signature of the User. Complaints which do not contain the above-mentioned data will not be considered.
    6. Complaints are handled within 14 business days from the date of receipt of a complaint at the email address indicated in paragraph 4.a) above. The User will receive information about the status of the submitted complaint by email to the address from which the complaint has been lodged.
    7. In the case where the complaint has been approved, the funds which are due to the User are refunded by the Trader or an entity authorised by it, by bank transfer to the bank account indicated by the User in the complaint letter.
    8. With respect to Orders settled upfront with a credit/debit card, where the User files a credit/debit card chargeback at the issuing bank, the processing of their complaint will be put on hold and will not be dealt with by the Trader until the issue is resolved. Despite having satisfied the complaints procedure, no Refund will be granted to a User whose chargeback was successful.
  9. Additional information
    1. For more information on the Products presented on the Website, please contact our customer service department. For a faster response, please contact us at the number indicated on the Website or by email using the form available on the Website. When calling the number listed on the Website, you will incur the charge according to the price list of your service provider.
  10. Liability
    1. The Payment Service Provider is not a party to an agreement concluded by the Users and the Trader, and is not responsible for the improper performance or non-performance of contracts entered into by the Users. The Payment Service Provider, in particular, is not responsible for the ability of the Traders to conclude and execute contracts for the sale of goods or services, or the solvency of Users.
    2. The Payment Service Provider does not settle payments or hold bank or saving accounts. Instead, the Payment Service Provider uses the services of specialised financial and billing institutions, selected with due diligence.
    3. Photos and illustrations of the Products published on the Website are only illustrative and should not be cited as a reason for a complaint.
    4. The Trader shall not be liable for vouchers which have been lost or damaged by the User.
  11. Final provisions
    1. Any disputes will be first settled by negotiation, with the intention of an amicable settlement.
    2. Should it be impossible to reach an agreement amicably, as described in paragraph 1, the User has the right to use, e.g. mediation or arbitration and proceedings before common courts.
    3. The Trader reserves the right to amend the content of these Terms and Conditions, with the provision that any changes made shall not limit the rights to which the Users are entitled. The amended Terms and Conditions shall be displayed on the Website and they shall require the User's acceptance; and the lack of such acceptance may leave the User without access to the Website's resources and may result in the inability to process Orders, in whole or in part.