Terms and
conditions

Nordigital.net LTD, whose registered office is at Unit 126, 5 Spur Road, Isleworth, Middlesex, United Kingdom, TW7 5BD

Registration number : 07009113

VAT number : GB455167677
Last update: 10 November 2023

These General Terms and Conditions of Sale (hereinafter referred to as the "Conditions") apply without restriction or reservation to the sale of Services on the Site http://utesten.com/ (hereinafter referred to as the "Site") and define the rights and obligations of UTESTEN (hereinafter referred to as the "Seller" or "UTESTEN") and the Customer (hereinafter referred to as the "Customer"). The Conditions may be consulted on the Site and/or are made available to any User.

All Customers and Users acknowledge and accept that placing an order for the Vendor's Services implies unreserved acceptance of the Conditions. They acknowledge that they have read the Conditions before placing any order. The current version of the Terms and Conditions is the only version binding on Customers and Users of the Site:

For as long as you use the Site and until a new version replaces it. UTESTEN reserves the right to modify these Conditions at any time without giving prior notice to Users and Customers, but the Conditions applicable are those online at the time the Order is placed:

For all subscriptions to the Seller's Products and Services.

The Conditions take precedence over any other document issued by UTESTEN or any other General Conditions of Purchase. The Seller reserves the right to depart from certain clauses of these Conditions or to establish special Conditions.

These Terms and Conditions came into force on 10 November 2023.

In these Conditions, the following terms shall have the following meanings:

"Subscription": refers to the Subscription package taken out by the Customer on the Site and providing the associated services;

"Customer": in accordance with the provisions of the introductory article of the French Consumer Code, refers to any natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity, as well as any legal entity acting as a professional, placing an order for a Subscription on the Site;

"Customer Account": refers to the Customer's personal space where they can (i) view their invoices (ii) modify their personal information (iii) view their test results;

"G.S.C." or "Conditions": refers to these general terms and conditions of sale;

"Order": refers to any order placed by a Customer on the Site;

"Services": refers to the services sold by the Seller on the Site;

"Site": refers to the http://utesten.com/ Site operated by the Seller and made available to the User;

"Tariff": refers to the price applicable to Subscriptions communicated to Customers via the Site prior to validation of the order;

"User": refers to any user of the Site;

Under the terms hereof, the Customer, the User and the Seller may be referred to individually as the "Party" and collectively as the "Parties".

2.1 Prerequisites

The Services that may be ordered by the Customer are those presented and detailed on the Site. The Services are described and presented as accurately as possible. However, the Vendor may not be held liable for any errors or omissions in this presentation. The photographs accompanying the presentation of the Services are not contractual and therefore do not engage the responsibility of the Seller.

2.2 Pre-contractual information

The Customer acknowledges that, prior to placing the order and concluding the contract, he/she has been provided, in a legible and comprehensible manner, with these general terms and conditions of sale and with all the information listed in article L. 221-5 of the French Consumer Code.

The Customer is provided with the following information in a clear and comprehensible manner:

- the essential characteristics of the good or service ;

- the price of the good or service ;

- all additional costs.

2.3 Services and products

The Customer may purchase several Products via the Site, the list and characteristics of which are presented on the Site at the time the Customer consults it.

The Site allows Users to take English language tests. The test can be taken by creating a client account or in "guest" mode.

After completing the questionnaire, the Customer is taken to the payment form. 

To access the results, users must pay a subscription fee which gives you access to the members' area for 24 hours at the promotional rate of €0.5 incl. VAT. At the end of this trial period, the monthly subscription at €47.5 incl. VAT per month will apply. Payment will be automatically debited from your credit card each month on the anniversary date.

After payment, the result of the English Test is sent to the Customer by email.

The Customer must be particularly careful when completing the English questionnaire. No new report or modification of a report will be authorised in the event of truncated, erroneous or missing answers.

2.4 Subscription

By placing an order for an English Test (article 2.3), the Customer automatically subscribes to a Subscription for the Site's Services (hereinafter referred to as the "Subscription") which allows the Customer to take as many English Tests as they wish. All test results are sent by e-mail and are available on the Customer Account.

The Subscription is valid for one Customer only. All Customers are prohibited from providing their access codes or their account to a third party. Any contravention of this provision by a Customer will result in the Customer being held liable and may give rise to the immediate termination of the Customer's subscription without notice and the end of access to the Site, as well as the payment of compensation to the Vendor.

As soon as the account is created - after the first English test has been ordered - the subscription is activated within 24 hours. The Customer therefore has 24 hours to prevent the subscription from being launched and to unsubscribe. After this period, the subscription will be automatically activated.

Subscriptions are taken out for a period of one (1) month and are renewable by tacit agreement from month to month. Any Customer wishing to unsubscribe may do so at any time by clicking on the "Unsubscribe" tab to cancel their subscription. The subscription will end at the end of the month, with any month started being due.

2.5 Creating a Customer Account

In order to place an order for the Site's Services, the User may create a Customer account or place an order in "guest" mode. However, once the Customer has ordered the result of their English Test, a Customer account is automatically created on the Site.

To create an account, the Customer will be asked to define a connection identifier and a password. Customers are solely responsible for the security and confidentiality of their login details and must notify UTESTEN immediately if their details are lost or stolen. The Seller may not be held liable in the event of loss or theft of the Customer's login details leading to fraudulent use of their personal account.

If the Customer wishes to change his/her login details or suspects that they have been used fraudulently, he/she must contact the Seller's customer service department without delay by sending an e-mail to the following address: contact.talkto1@gmail.com .

Access codes are for personal use only. The Vendor may not be held liable in the event of loss or theft of the Customer's identifiers or fraudulent use of the Customer's account.

To place an order on the Site, the User must complete the following steps:

3.1 Ordering an English Test

See the terms and conditions described in Article 2.

3.2 Contact details

The Customer must then indicate their surname, first name and the e-mail address to which they wish to receive their Test. To this end, the Customer must indicate whether they wish to receive communications from the Seller by ticking the box provided for this purpose.

3.3 Payment of the price

The Seller may apply discounts and promotions to the Services and Products. The final price displayed is the price after deduction of any discounts and promotions. Discounts and promotions are not cumulative and are only applicable once per household.

3.4 Validation

Before proceeding with payment, the Customer must accept the applicable General Terms and Conditions of Sale by ticking the box provided for this purpose, as well as the waiver of the right of withdrawal concerning the English Test. This validation implies acceptance of these General Terms and Conditions of Sale in their entirety. Any order placed by the Customer implies acceptance of the prices and descriptions of the services purchased. Following payment, the Customer will receive an e-mail summarising their order. On receipt of payment, the sales contract is concluded between the Customer and the Vendor.

The Vendor reserves the right to suspend all order processing and all services in the event of refusal to authorise payment by officially accredited payment organisations or in the event of non-payment of the order or a monthly subscription instalment.

5.1 Prices

The Seller reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time of the order, subject to availability on that date.

5.2 Payment incidents

The Customer is hereby informed that any delay in payment of all or part of a sum due on the due date will automatically entail the acceleration of all sums due by the Customer and their immediate payment.

In addition, any delay in payment of invoices from the day following their due date will automatically result in the application of late payment penalties calculated on the unpaid amount excluding taxes, and equal to at least three times the legal interest rate in force. These penalties are payable ipso jure and without prior notice.

In addition, for professional Customers, pursuant to Article L. 441-10 of the French Commercial Code, a fixed indemnity for collection costs of €40.00 will be payable by the Customer to the Service Provider, even in the event of partial payment of the invoice, without prejudice to any other action that UTESTEN may be entitled to take against the Customer and at the Customer's expense for the purposes of collecting its invoices and any other damages that may be due to it.

UTESTEN may suspend, ipso jure, all orders in progress, regardless of their nature and level of progress, in the event of late payment by the Customer. This suspension may not be considered as a termination of the Contract on the part of the Seller, nor may it give rise to any right to compensation for the Customer.

5.3 Cancelling and modifying Orders

No order, once placed, may be modified or cancelled once it has been paid for, apart from exercising the right of withdrawal (Article 6) and cancelling the subscription (Article 2.4).

6.1 Provisions applicable to the English Test

In accordance with the provisions of article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised in respect of contracts :

"1° The supply of services fully performed before the end of the withdrawal period and, if the contract requires the consumer to pay, where performance has begun with his prior and express agreement and with his acknowledgement of the loss of his right of withdrawal, when the service has been fully performed by the trader.

And

13° The supply of digital content without a physical medium where performance has begun before the end of the withdrawal period and, if the contract imposes an obligation on the consumer to pay, where :

1. a) He has given his express prior consent for performance of the contract to begin before the withdrawal period expires; and

1. b) He has acknowledged that he will lose his right of withdrawal; and

13. c) The trader has provided confirmation of the consumer's agreement in accordance with the provisions of the second paragraph of article L. 221-13.

By placing an order on the Site for an English Test, the Customer is therefore informed of this provision. They acknowledge that they have been informed that once the order has been paid for, the Customer agrees to the service being initiated by the Seller, that they will have access to the digital content provided by the Seller (the result of the English Test) and therefore, as a result, that the Customer waives the right to exercise their right of withdrawal.

6.2 Provisions applicable to the Subscription

In accordance with the provisions of article L. 221-18 of the Consumer Code, the consumer has a period of fourteen days in which to exercise his right of withdrawal from a contract concluded at a distance, without having to give any reason for his decision or bear any costs other than those provided for in articles L. 221-23 to L. 221-25.

However, in accordance with the provisions of article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised in respect of contracts :

"1° The supply of services fully performed before the end of the withdrawal period and, if the contract requires the consumer to pay, where performance has begun with his prior and express agreement and with his acknowledgement of the loss of his right of withdrawal, when the service has been fully performed by the trader.

And

13° The supply of digital content without a physical medium where performance has begun before the end of the withdrawal period and, if the contract imposes an obligation on the consumer to pay, where :

1. a) He has given his express prior consent for performance of the contract to begin before the withdrawal period expires; and

1. b) He has acknowledged that he will lose his right of withdrawal; and

13. c) The trader has provided confirmation of the consumer's agreement in accordance with the provisions of the second paragraph of article L. 221-13.

Once the Customer has taken at least one (1) English test as part of their Subscription (in addition to the initial English test), they waive their right to withdraw.

In the event that the right of withdrawal is applicable, the Customer has a period of fourteen (14) days from receipt of his/her order to exercise his/her right of withdrawal, for whatever reason, in order to obtain reimbursement for his/her order. The Customer will be reimbursed for the sums paid by transfer to their bank card within fourteen (14) days of receipt of their request to exercise their right of withdrawal.

To exercise their right of withdrawal, customers must send this form to the Seller by e-mail with acknowledgement of receipt:

Customer first and last name

Address

UTESTEN

At ..., on ... (date of letter)

Dear Sir/Madam

On ... (indicate the date on the order), I ordered an English Test, for which I took out a Subscription to your services on (date).

In accordance with Article L. 221-18 of the French Consumer Code, I hereby exercise my right of withdrawal.

Consequently, I would ask you to return the sum of ... euros that I paid you when I placed my order, as soon as possible and within 14 days of receipt of this letter at the latest, in accordance with the provisions of article L. 221-24 of the French Consumer Code.

Yours sincerely

Signature

7.1 General provisions

The Customer guarantees that all the information provided when placing an order or subscribing to a service is up to date and truthful. The Customer also guarantees that he/she is a natural person of legal age and has the capacity to enter into a contract. The Customer is solely responsible for the accuracy of the information provided in his/her personal space. In this respect, they undertake to update the information if necessary.

The Vendor may not be held liable in the event of truncated, inaccurate or missing data having a direct or indirect impact on the performance of the service by the Parties.

In providing the Services, the Vendor cannot be held responsible for any interruptions in connection with the procedures described in articles 4 to 8 of the General Terms and Conditions of Use.

7.2 Disclaimer

The customer is specifically informed that English tests are not an exact science and cannot be likened to hard science or psychoanalysis.

By placing an order on the Site, the Customer therefore acknowledges that the information communicated to him/her in his/her English test result is given for information purposes only and in no way constitutes perfectly reliable information on which the Customer can fully rely to make any decision.

In addition, the Customer takes full and entire responsibility for any decision taken solely on the basis of the information contained in the English tests. As the information provided by the Seller cannot be considered as psychoanalytical advice, it is the Seller's responsibility to complete and/or verify the information contained in the test with professionals.

The Vendor may not be held liable for any consequences of a decision taken by a Customer based solely on his English test.

The Vendor's obligations relating to the protection of the Customer's personal data are described in the "Protection of Personal Data" tab on the Site.

The Seller shall not be held liable for any delay or failure in the performance of its Services if such delay or failure is due to the occurrence of an event beyond its control or an event of force majeure, which could not reasonably have been foreseen when the order was placed and the effects of which cannot be avoided by appropriate measures.

In the event of the occurrence of such a case of force majeure, the performance of these GCS will be suspended until the disappearance, extinction or cessation of the case of force majeure. However, if the case of force majeure continues beyond a period of thirty (30) days, the Parties must meet in order to discuss a possible modification of the order.

The deadlines set out in these GCS will be automatically postponed depending on the duration of the force majeure event.

10.1 Settlement of disputes

These General Terms and Conditions and the transactions arising from them are governed by British law.

The Parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or performance of these Terms and Conditions. To this end, the party wishing to implement the amicable conciliation procedure must notify the other party, by registered letter with acknowledgement of receipt, of its intention to implement the said procedure, specifying the difficulties of application encountered or the breaches observed.

This amicable settlement procedure constitutes a compulsory prerequisite to the commencement of legal proceedings between the Parties. Any legal action brought in breach of this clause will be declared inadmissible.

If the parties fail to reach an amicable agreement within thirty (30) calendar days of the first notification, each of them will regain full freedom of action.

If an amicable resolution cannot be reached despite the efforts made, any dispute relating to the performance, interpretation, validity and resolution of the Conditions will be submitted to the competent courts within the jurisdiction of the Court of Appeal of the Vendor's registered office.

10.2 Mediation

The European Commission has set up an online dispute resolution platform for the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following address: https://webgate.ec.europa.eu/odr/ . This procedure is free of charge. The Customer may, at his own expense, be assisted by counsel of his choice.

The Customer is free to accept or refuse recourse to mediation and/or any solution proposed by the mediator.

Severability: If one or more provisions of these GCS are held to be invalid or declared null and void in application of a law or regulation or following a court decision having the force of res judicata, this shall not affect the other provisions of the GCS.

Non-waiver: The fact that a Party has not availed itself of a breach by the other Party of one of the obligations referred to in these T.G.V. shall not be interpreted for the future as a waiver of the obligation in question.

Partial nullity: In the event of a contradiction between any provision of the GTCS and any present or future law, statute, ordinance, regulation, court order or collective agreement, the latter shall prevail, provided that the provision hereof so affected is limited only to the extent necessary and that no other provision is affected.

Language of the General Terms and Conditions: These General Terms and Conditions and the transactions arising from them are governed by British law. They are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.