TERMS OF SALES
ARTICLE 1 - PURPOSE AND SCOPE
1.1 - Parties
The purpose of these general conditions of sale (the "GTC") is to define the conditions under which the association NAUTISURF ST-MALO (SIRET number: 819828872 00021 - Declaration of activity no. 53350991335) (referred to as "the Training organization") consents to the registration manager, professional buyer, and/or training participant (individually or collectively referred to as the "Client") who accepts it, training resulting from the training offer of the Training Organization (the “Training”). The Client and the Training Organization are respectively individually the “Party” or collectively the “Parties”. These T&Cs are supplemented by le rules of procedure accessible on the association's website or by asking us by email.
Any order implies the Customer's unreserved acceptance of the GCS. Unless formal and express derogation from the Training Organization, these conditions prevail over any other document of the Customer, and in particular over all general conditions of purchase. 5cde-3194-bb3b-136bad5cf58d_
1.2 - Local or remote
These T&Cs concern face-to-face training, including, or not, digital modules carried out by the Customer remotely. Face-to-face training can be carried out on the premises of the Training Organization, in premises rented by the Organization or on the Customer's premises.
The training courses concerned include the training offered in the catalogs and on the website of the Training Organization ("Inter training") as well as training organized at the request of the Client on his behalf or on behalf of a closed group. customers (“Intra training”). It is understood that the term "Training" alone relates to each of the aforementioned types of Training.
ARTICLE 2 – REGISTRATION TERMS
2.1 - Inter training
The request for registration for an Inter Training must be made by the Client by one of the following means:
· _cc781905 -5cde-3194-bb3b-136bad5cf58d_A registration on our Website, the Pôle Emploi site or the MonCompteFormation site;
· _cc781905 -5cde-3194-bb3b-136bad5cf58d_The sending of an email indicating the registration request and containing the Customer's contact details (surname, first name, function, address, company name if applicable), as well as the dates, the title of the Training, and the number of participants that the Customer wishes to register;
· _cc781905 -5cde-3194-bb3b-136bad5cf58d_The sending of a registration file for the inter training trainee completed and signed or a table of contact details completed and signed by the Customer by email or post.
Any order for which the estimate has been signed is firm and final.
For any registration, an acknowledgment of receipt is sent to the Client within 48 hours of receipt of the registration request, accompanied by a training agreement. The accused does not constitute confirmation of the holding of the Training. The Client must return a copy of the training agreement, bearing the company's stamp and/or its signature, to the Training Organization.
For the quality of the Training, a minimum number and a maximum number of participants are defined for each Training by the decrees of the Ministry of the Interior responsible for the approvals of the first aid trainings or of the Ministry of Labor for the trainings Lifeguards First Aid Worker. The Training Organization undertakes not to exceed the expected number.
On the same decrees, the training organization limits the number of participants and sets the supervision rates. The Training Organization may have to cancel the training if the number of staff is lower than the minimum required and will inform the trainee of this no later than 72 hours before the chosen Training. In the case of an inter-maintained Training with reduced staff, the Training Organization validates with the Customer new conditions for carrying out the Training.
Upon confirmation of the holding of the session no later than 72 working hours before the Training, the Client will receive a notice and all practical information relating to his Training, including the exact times and location of the Training. The place of Training indicated on the communication media is not contractual. Depending on the rooms available, the Training Organization may invite participants to another address in the same geographical area.
Within 15 working days following the Training, the Training Organization sends to the persons indicated by the Customer when ordering, the invoice for the Training as well as the certificate of the end of the Training. It is up to the Client to verify the imputability of the Training action.
2.2 - Intra training
Any intra request is the subject of an educational and financial proposal from the Training Organization. The Client's formal acceptance of this commercial proposal must reach the Training Organization at least 15 working days before the date of the first Training. This is worth final order and implies acceptance of the T&Cs, dates and places of the Training.
At the end of the Training, the Training Organization sends to the Client: invoice, copy of the attendance list and evaluations. When signatures or assessments are made on the Customer's support, the latter undertakes to communicate them to the Training Organization.
ARTICLE 3 - TRAINING MODALITIES
The Training Organization is free to use the teaching methods and tools of its choice, which fall within its sole competence.
The durations of the training courses are specified on the website and on the communication documents of the Training Organization.
Inter Training can be provided on the premises of the Training Organization or on an external site. Intra Training can be provided at the Customer's premises and with the logistical means it provides (at least a computer, a video projector and a flipchart).
The participants of the Trainings carried out in the premises of the Training Organization are required to respect the rules of procedure des premises.
If the training takes place outside the premises of the Training Organization, the participants are required to comply with the rules of procedure of the host establishment.
The Training Organization reserves the right, without compensation of any kind whatsoever, to exclude at any time, any participant whose behavior would interfere with the smooth running of the course and/or would seriously breach the_cc781905-5cde-3194-bb3b- 136bad5cf58d_rules of procedure.
The Training Organization cannot be held responsible for any error or omission noted in the documentation (hereinafter " la Documentation ") given to the Client, the latter must be considered as an educational support which cannot be considered as a practical manual or an official document explaining the applicable regulations.
Furthermore, it is recalled that the documentary appendices provided supplement the Training and in no way commit the Training Organization as to their completeness. It is specified as necessary that the Training Organization is not required to ensure any update of the Documentation after the Training.
ARTICLE 4 – Purpose of this agreement
4.1 - Rates
The prices are indicated in euros all taxes. Any internship or cycle started is due in full.
4.1.1 - Inter training
The prices of inter training courses are indicated on the Organization's communication media and on the registration form.
Our prices include meal and break packages, for more comfort for your participants, and ease of management for the Customer. The costs of catering and supports possibly included in the registration form an integral part of the service and cannot be deducted from the sale price.
The discounts and commercial offers offered by the Training Organization cannot be combined with each other. Any training started is due in full. In the case of cycles or training courses, the prices include a discount that cannot be combined with any other special offer or discount.
4.1.2 In-house training
The prices of intra training are indicated on the commercial proposal sent to the Customer. Costs related to tools, teaching materials (including documentary files and digital media), room rentals, trainers' travel and accommodation costs are invoiced in addition.
4.2 - Terms of payment
4.2.1 Billing
Invoices are payable upon receipt or, where applicable, according to the agreed schedule, without discount, by check or bank transfer.
In the event of late payment, penalties equal to three times the legal interest rate in force will be payable automatically without a reminder being necessary, as well as a lump sum compensation for recovery costs in the amount of 30 euros.
In the event of absence or late payment, the Training Organization reserves the right to suspend or refuse any new order until the account is cleared. The Training Organization may refuse to deliver the Training concerned without the Customer being able to claim any compensation, for any reason whatsoever, or benefit from any credit or reimbursement. Any subsequent payment will be attributed by priority to the extinction of the oldest debt.
4.2.2 - Case of payment being taken over by a collecting body
It is up to the Client:
· _cc781905 -5cde-3194-bb3b-136bad5cf58d_to make a request for support before the start of the Training and to ensure the successful completion of this request;
· _cc781905 -5cde-3194-bb3b-136bad5cf58d_de explicitly indicate this on their registration form or on their order, indicating the full contact details of the collecting organization;
· _cc781905 -5cde-3194-bb3b-136bad5cf58d_to send the support agreement before the date of Training;
· _cc781905 -5cde-3194-bb3b-136bad5cf58d_to ensure the successful completion of payment by the organization he has designated
If the Training Organization has not received support from the OPCO on 1st day of the training, the Client will be invoiced for the full price of the Training.
If the collecting organization only partially covers the price of the Training, the remainder will be invoiced to the Client.
In the event of non-payment by the organization collecting the Training costs, the Client will be liable for the full price of the Training and will be invoiced for the corresponding amount possibly increased by late payment penalties.
ARTICLE 5 – CANCELLATION, MODIFICATION OR POSTPONEMENT OF TRAINING BY THE TRAINING ORGANIZATION
The Training Organization reserves the right to cancel or postpone a Training, in particular when the number of participants in this Training is deemed pedagogically inappropriate, and to inform the Client no later than 7 calendar days before the date of the Training. The Training Organization is not liable for any compensation of any kind.
The Training Organization reserves the right to replace a defaulting trainer with a person with equivalent technical skills or undertakes to postpone the Training as soon as possible.
When the postponement of the Training to a later date is not possible and no other session is scheduled, the Training Organization reimburses the full price, possibly discounted, of the Training, excluding any other cost. If the cancellation occurs, without possible postponement or subsequent session, within 10 days of the Training, the Training Organization undertakes to reimburse in addition, on presentation of supporting documents, the transport costs of the Customer who would not have been able to obtain direct reimbursement from his carrier.
The Training Organization may be forced to cancel a Training in the event of Force Majeure, as defined by the Civil Code, and undertakes to organize a new Training session as soon as possible. Are also considered as having the character of force majeure, the strikes of the transport networks (SNCF network, RATP network, airline company...) that the personnel of the Training Organization may have to use to go to the place of Training.
ARTICLE 6 - CANCELLATION, POSTPONEMENT OF PARTICIPATION OR REPLACEMENT OF THE PARTICIPANT BY THE CUSTOMER
6.1 - Inter training
The Customer may request the cancellation or postponement of his participation in an Inter
If this request formulated in writing reaches the Training Organization at least 7 working days before the date of the Training. The cancellation or postponement is effective after confirmation by the Training Organization with the Customer.
In the event of cancellation of his participation by the Client after the 7th working day preceding the start date of the Training, the Training Organization will invoice the Client for the full price of the training.
In the event of absence from the Training, delay, partial participation, abandonment or early termination for any reason other than duly recognized force majeure, the Customer will be liable for the full amount of his training.
In the event of absence for health reasons justified by a medical certificate, the defaulting participant may postpone their registration to the next scheduled session. Otherwise, he will be liable for the full price of the training.
Except for cycles or training courses already started, the Customer may request the replacement of the participant, free of charge, up to the day before the training. The replacement request must be sent to the Training Organization in writing and include the names and contact details of the replacement. It is the Customer's responsibility to check that the participant's profile and objectives match those defined in the training programme.
In case of online payment, the training organization can reimburse the customer. Only administrative costs cannot be reimbursed.
6.2 - In-house training
The Customer may request the cancellation or postponement of an intra training.
If this request reaches the Training Organization, in writing, at least 15 working days before the date of the Training, only the administrative costs incurred for the preparation (in particular preparation by the trainer and teaching team, room rental, travel, accommodation) will be invoiced to the Client.
If this request reaches the Training Organization between 15 and 7 working days before the date of the Training, the Customer will be invoiced 50% of the price of the Training, to which are added the administrative costs incurred for the preparation ( listed above).
If this request reaches the Training Organization less than 7 working days before the Training, the Customer will be invoiced for 100% of the price of the Training, to which are added the costs incurred for the preparation.
These costs are not chargeable by the company to the compulsory financial contribution for training.
ARTICLE 7 - INTELLECTUAL PROPERTY AND COPYRIGHT
The paper or digital media provided during the Training or accessible online as part of the Training are the property of the Training Organization. They cannot be reproduced partially or totally without the express agreement of the Training Organization.
All texts, comments, works, illustrations and images reproduced on these media are protected by copyright and for the whole world. Any use other than that provided for the purposes of the Training is subject to the prior authorization of the Training Organization under penalty of legal proceedings.
The Client also undertakes not to compete directly or indirectly with the Training Organization by assigning or communicating these documents.
ARTICLE 8 - INFORMATION AND COMPLAINTS
Any order, request for information or complaint from the Customer relating to the GCS must be made in writing to the Training Organization (postal address: Pôle Surcouf - 19 rue de la chaussée 35400 ST-Malo) or by email to _cc781905-5cde-3194 -bb3b-136bad5cf58d_accueil@nautisurfstmalo.com, who will endeavor to respond as soon as possible.
ARTICLE 9 – LIABILITY
The Customer is solely responsible for consulting and choosing the training provided by the Training Organisation.
The responsibility of the Training Organization can only be engaged in the event of proven fault or negligence and will be limited to the direct damages suffered by the Client, to the exclusion of any indirect damage, of any nature whatsoever and in particular any loss of opportunity, clientele, result, operation, commercial prejudice. In any case, in the event that the responsibility of the Training Organization is retained, the total amount of any sum charged to the Training Organization may not exceed the total amount of the price paid by the Customer for of the Training concerned.
ARTICLE 10 - PERSONAL DATA
10.1 - Respect for privacy
NAUTISURF ST-MAO takes respect for the privacy and the protection of its Customers' personal data very seriously and undertakes to implement the appropriate measures to ensure the protection of personal data (hereinafter the “Data”) and to process and use such data in compliance with the applicable provisions and in particular European Regulation 2016/679 of April 27, 2016 and law n ° 78-17 modified of January 6, 1978, known as “Loi Informatique et Freedoms” (hereinafter the “Applicable Provisions”).
The personal data and contact details collected in the registration form / information sheet are necessary for the management of the registration. The association, which is responsible for processing, undertakes not to transmit or sell this data to a third party. In accordance with the legislation in force, the persons whose data are collected have a right of access, rectification and portability of their personal data by formulating their request to the following email address: _cc781905-5cde-3194-bb3b -136bad5cf58d_accueil@nautisurfstmalo.com.
ARTICLE 11 – MISCELLANEOUS
11.1 - Nullity of clause
If any of the clauses of the GCS were declared void, it would be deemed unwritten but will not result in the nullity of either these GCS or the Training concerned.
11.2 - Interpretation of clauses
The fact of not claiming the application of one of the provisions of the GCS or of acquiescing in its non-execution, permanently or temporarily, cannot be interpreted as a waiver of its application.
11.3 - Confidentiality
The Client undertakes to consider as strictly confidential and refrains from disclosing any information, document, data or concept, of which he may become aware in the context of the Training (in particular discounts granted by the Training Organisation, specific terms Training, exchanges between customers).
11.4 - Subcontracting
The Training Organization is authorized to partially or totally subcontract the performance of the services covered by this contract. All of the Client's obligations arising therefrom apply only to the Training Organisation, which remains liable to the Client for all the obligations resulting from this contract.
11.5 - Communications
The Training Organization is authorized to use the corporate name, trade name and/or trademarks of the Client, and, where applicable, of the group to which it belongs, as a commercial reference on any medium or on any occasion for marketing and /or advertising without prior authorization from the Client.
11.6 - Subordination
Within the framework of the execution of the present, the Parties carry out and will carry out their activities in an independent manner without, in particular, this being able to be interpreted as creating between them a link of subordination or a de facto partnership.
11.7 - Profit
The Customer waives the benefit of articles 1221, 1222 and 1223 of the Civil Code.
11.8 - Share
The Customer may not bring any action, whatever the nature or the basis thereof, more than one year after the occurrence of its generating event.
11.9 - Law
THESE TERMS AND CONDITIONS ARE GOVERNED BY FRENCH LAW. ANY DISPUTE RELATING TO ITS EXECUTION OR ITS INTERPRETATION SHALL BE THE EXCLUSIVE JURISDICTION OF THE PARIS COMMERCIAL TRIBUNAL, EVEN IN THE CASE OF REFERE, APPEAL IN WARRANTY OR MULTIPLE DEFENDANTS.