TERMS AND CONDITIONS OF SALE
Training organization: Beyond Words, Cap Alpha, 3 Avenue de l'Europe, 34830 Clapiers
RCS of Montpellier 892 818 816.
Declaration of activity registered under no. ----- with the Prefect of the Occitanie region. (ORGANISME DE FORMATION RÉFÉRENCÉ Qualiopi)
The present general conditions of sale or CGV apply exclusively to sales of training services falling within the scope of continuing professional education.
1. SUBJECT MATTER AND CONTRACTUAL SCOPE
1.1.The purpose of these General Terms and Conditions of Sale (GTCS) is to set out the conditions under which the Training Organization (hereinafter “the Training Organization”) undertakes to sell a training service within the scope of continuing professional training.
1.2.The Customer acknowledges that acceptance of these General Terms and Conditions overrides the application of the Customer's own General Terms and Conditions of Sale (GTCS) and General Terms and Conditions of Purchase (GPCP). The customer acknowledges and accepts them without reservation. The Training Organization may modify these GSC at any time. The applicable terms and conditions are those available online at the time of ordering.
1.3.For certain training courses, special conditions specified in an Individual Training Protocol specify or supplement the present GTC. In the event of any contradiction between the special conditions of sale and these GTS, the provisions of the special conditions of sale shall prevail.
1.4.In the event of any provision of these GTC being declared void or unwritten, the remaining provisions shall remain in full force and effect and shall be interpreted in such a way as to respect the original intention of the parties.
2. DEFINITIONS
- Inter-company training: training whose content is described in an online catalog or on the website, carried out on premises rented by the Training Organization or those of our partners;
- Intra-company training: training carried out on a customer's behalf on the customer's site or on other premises;
- Online training (or distance learning): training carried out at home on a computer connected to the Training Organization's internet platform.
- Customer: legal or natural person who purchases the service;
- Trainee: natural person who benefits from the training.
3. COMMERCIAL DOCUMENTS AND SCOPE OF THE OFFER
3.1.Access to the site is provided on a permanent basis, subject however to periods of site maintenance and servicing, server updating operations and any exceptional interruptions.
3.2.The brochures and other commercial documents edited or published by the Training Organization present the training offer, it being specified that offers and prices are only valid as long as they are visible on the site. Where applicable, the customer will be informed of the unavailability of a training course as soon as possible, by post or e-mail.
3.3.The photographs, visuals and descriptions presented in the commercial documents published on the site are not contractual. The Training Organization cannot be held responsible for any errors that may have been introduced.
3.4.In all cases, the Training Organization reserves the right to cancel a course if the minimum number of registrations or participants is not reached. The amount received will be reimbursed, but no compensation will be due.
4. ACCEPTANCE OF REGISTRATIONS
4.1.For corporate customers: registration is validated only on receipt of payment of the training fee, the amount indicated on the training agreement, signed and stamped by the company.
4.2.For individuals: registration is valid only on receipt of the signed training contract.
5. ORDER
5.1.Contractual information is given in French.
5.2.In accordance with the provisions of the French Civil Code relating to the conclusion of contracts in electronic form, the sale is only validly concluded once the customer has had the opportunity to check the details of his order and its total price, to correct any errors, and then to confirm it to express his acceptance. The customer places an order on the site after having read and accepted the present GCS.5.3. The Training Organization acknowledges receipt of the order by e-mail.
6. PRICES - INVOICING AND PAYMENT TERMS
6.1.The pricing conditions for training courses are shown on the website. The prices of our training courses are indicated inclusive of all taxes on all our materials.
6.2.The Training Organization reserves the right to modify its prices at any time without prior notice. The applicable price is that indicated on the Individual Training Protocol.
6.3.The price of training courses is paid by the public, mutual or joint funders of professional training: OPCO, Caisse des dépôts, Pôle Emploi.
6.4.If there is a remaining charge for the beneficiary of the training course, this is clearly indicated on the Individual Training Protocol.
7. COVERAGE BY A THIRD-PARTY ORGANIZATION
7.1.When the training is paid for by a third-party organization (OPCO, Caisse des dépôts, Pôle Emploi), it is the responsibility of the customer/trainee:- to make the request for payment before the start of the training, to ensure that this request is properly completed and to inform the Training Organization accordingly.- to indicate explicitly on the training agreement and/or contract which third-party organization will be invoiced, giving its precise name and address.
7.2.If the Training Organization does not receive the third-party organization's agreement to cover the cost of training before the first day of training, the customer will be invoiced for the full cost of the training. In the event of partial payment by a third-party organization, the remainder is billed to the customer.
7.3.In the event that the third-party organization does not agree to pay the charge that would have been its responsibility as a result of absences, withdrawal or for any reason whatsoever, the customer is liable for the full price of the training, which is therefore invoiced to the customer.
8. LIABILITY
8.1.Any registration for a training course implies compliance by the trainee with the applicable internal regulations, which are brought to the trainee's attention.
8.2.The Training Organization cannot be held responsible for any damage to or loss of objects and personal effects brought by trainees.
8.3.It is the responsibility of the customer/trainee to check that their personal and/or professional insurance covers them during their training.
9. CONVOCATION AND CERTIFICATE OF ATTENDANCE
9.1.A convocation indicating the exact location and times of the training course is sent to the customer. The Training Organization cannot be held responsible for non-receipt of this by the recipients, particularly in the event of the trainee's absence from the training course.
9.2.A certificate of attendance, drawn up in accordance with the attendance sheets, is sent to the customer and/or trainee after each training session.
10. CANCELLATION - POSTPONEMENT - EARLY TERMINATION - ABSENCES
Any cancellation must be requested in writing (e-mail, letter).
10.1.By the corporate customer: When the request for cancellation is received by the Training Organization 30 calendar days before the start of the training course, the Training Organization reserves the right to retain 50% of the total price of the training course as compensation.- In the event of cancellation on the date of the start of the training course or of no-show by the trainee, the Training Organization reserves the right to retain 100% of the total price of the training course as compensation.- The sums due by the customer as compensation are mentioned as such on the invoice.
10.2.By the individual customer: If the request for cancellation is received by the Training Organization after expiry of the withdrawal period and before the start of the course, the Training Organization will retain 50% of the total price of the course as compensation, except in cases of force majeure. - Once the training course has begun, if, as a result of a duly recognized case of force majeure (unforeseeable, insurmountable event beyond the control of the individual), the individual customer is unable to continue the training course, the contract is terminated ipso jure and the training services actually provided are invoiced on a prorata temporis basis of their contractual value. In the absence of force majeure, in the event of cancellation, abandonment or interruption, the Training Organization reserves the right to withhold the full amount of the training course as compensation.
10.3.Trainee replacements are permitted at any time, free of charge, upon written communication of the names and contact details of the replacements.
10.4.By the Training Organization: The Training Organization reserves the right to cancel or postpone a training session if the minimum number of participants is not reached.- In the event of cancellation by the Training Organization, the sums paid are reimbursed to the customer.- In the event of postponement, the Training Organization proposes new dates: if the customer accepts them, the sums already paid are deducted from the price of the new training session; if the customer refuses them, these sums are reimbursed. - In the event of early termination of the training course by the Training Organization for a reason beyond its control, the contract is terminated ipso jure and the training services actually provided are due pro rata temporis to their contractual value.- In all cases, cancellation or postponement of the training course may not give rise to the payment of damages or interest for any reason whatsoever.
11. INTELLECTUAL PROPERTY
With a view to ensuring respect for intellectual property rights, the customer and/or trainee shall refrain from any use, representation, full or partial reproduction, translation, transformation and, more generally, any exploitation or dissemination to members of their staff not participating in the training or to third parties, of the content and teaching aids, whatever the form (paper, digital,etc.) used within the framework of the training courses, unless expressly authorized by the Training Organization. Any violation of this prohibition may give rise to civil and/or criminal proceedings on the basis of the intellectual property code.
12. CONFIDENTIALITY
The Training Organization, the customer and the trainee reciprocally undertake to keep confidential all information and documents, whatever their form and nature (economic, technical, commercial, etc.), to which they may have had access in the course of providing the training service or during exchanges that took place prior to the conclusion of the contract.
13. INFORMATION TECHNOLOGY AND CIVIL LIBERTIES
Personal data is collected in order to be able to respond to the customer's and trainee's request and to keep them informed of the Training Organization's service offers; no personal information is passed on to third parties. In accordance with the French Data Protection Act of January 6, 1978, customers and trainees have the right to access, modify, rectify and delete their personal data, which they may exercise by contacting the department in charge of training.
14. APPLICABLE LAW-JURISDICTION
All disputes relating to sales of training services concluded by the Training Organization, as well as to the application or interpretation of these general terms and conditions of sale, are governed by French law. Any dispute relating to training contracts or agreements will be subject to prior consultation in order to find an amicable solution. Failing this, the most diligent party will refer the matter to the Paris Commercial Court.
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