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Date last updated: October 22, 2019
École Tourangelle Supérieure is a limited liability company under French law with a share capital of 7,775 euros, registered in the Registre du Commerce et des Sociétés of Tours under number 32764189000022 and whose registered office is located at 5 rue Simier, 37000 Tours represented by Mr. Hervé Thizy (the “Provider”).
The Provider can be reached at the following coordinates:
- 5 rue Simier – 37000 Tours, FRANCE
- +332 47 61 24 12
Article 1 – SCOPE OF APPLICATION
These terms and conditions of service (the “Terms and Conditions”) apply to the following services (the “Training Services”) provided by the Service Provider to any consumer and professional wishing to benefit from them (the “Customer”).
Vocational training actions
The main characteristics of the Services are set out in the Appendix hereto.
Any order for Services carries with it, on the part of the Customer, prior acceptance without restriction or reservation of the General Terms and Conditions, of which the Customer declares to have taken cognizance.
The General Terms and Conditions are applicable subject to any stipulation to the contrary appearing on the order form or to any special conditions that may have been concluded between the Company and the Client concerned.
The General Terms and Conditions are without prejudice to the applicable legal provisions and in particular those provided by the Consumer Code.
Article 2 – ORDERS
Each order for Services gives rise to the establishment of a detailed estimate, valid for a period of two months from the date of its creation.
The order is final upon acceptance and signature of the quotation or the agreement by the Customer, the latter then being valid as a purchase order.
The order form, the nature of the Services and their terms of execution may not be modified without the prior written consent of the Service Provider.
In case of cancellation by the Customer of a confirmed order, for any reason whatsoever, and without prejudice to any additional damages:
- the deposit possibly paid at the time of the order by the Customer will remain automatically acquired by the Service Provider and will not give rise to any refund;
- in the absence of a down payment, a sum corresponding to 10% of the total price excluding taxes of the Services will be due to the Service Provider and invoiced to the Customer.
Reciprocally, in the event of cancellation by the Service Provider of a confirmed order, for any reason whatsoever, the deposit possibly paid with the order by the Customer will be returned to him, it being specified that it will be returned to double if the order does not correspond to a special order on estimate.
Except in the case of a special order based on an estimate, any deposit paid in advance by the Client shall bear interest at the legal rate at the end of a period of three months from the date of payment until the execution of the Services, without prejudice to the Service Provider’s obligation to provide said Services.
Article 3 – PRICING CONDITIONS
The Services are provided at the Service Provider’s price list in force on the day the order form is signed, expressed in euros and all charges included (French value added tax and other taxes applicable on the day the order is recorded).
The possible expenses of file, management, reservation, intermediation, and other expenses, interests and commissions are indicated on the order form.
Expenses incurred for the execution of the Services may, however, be subject to additional billing to the Customer (travel expenses, accommodation, disbursements, etc.) according to the agreement of the parties appearing, where applicable, in the order form.
The price of the Services is determined in the purchase order according to the nature of the Services, the level of competence and expertise required and the number, qualification and experience of the necessary personnel.
The fees for the Services and/or hourly billing rates applicable as of the date hereof are set forth in the Appendix. Any change in the fees for the Services will take effect during the next contractual period. In the absence of termination by the Customer before this effective date, the new pricing will be applicable to the new contractual period.
The rate is firm and cannot be revised during the period of execution of the Services, the parties expressly waiving the provisions of Article 1195 of the Civil Code. However, in the event of a specific request by the Customer during the performance of the Services, duly accepted in writing by the Service Provider, the costs or fees relating thereto may be subject to additional specific invoicing.
The Service Provider reserves the right to modify its prices at any time for any Services subscribed to after this modification.
Any price reductions, discounts and rebates may apply to the Services under the conditions set out in the Appendix or in any other document communicated to the Customer. In the event of a promotional price, the Service Provider undertakes to apply this price to any order placed during the promotional period.
Any change in rates resulting from an increase in value added tax or the creation of any new tax based on the price of the Services will be immediately and automatically applied.
Article 4 – CONDITIONS OF INVOICING AND PAYMENT
In case of specific services :
Services to individuals are invoiced and the price is due in full and payable in cash on the day the order form is signed.
At their request, a schedule not exceeding 10 months will be set up without increasing the initial selling price. In this case the services are paid each month on a fixed date.
Services with professionals will be billed according to the terms and conditions imposed by, among others, the OPCOs.
The Services shall be invoiced and the price shall be due and payable at the [start/end of each month] in which the Services are provided.
In accordance with article L. 221-10 of the Consumer Code and except for the exceptions mentioned in this same article, when the order was subscribed to outside the Service Provider’s establishment within the meaning of article L.221-1 of the Consumer Code, the execution and payment of the Services may not take place before the expiry of a period of seven (7) days from the conclusion of the present contract by a consumer, unless the Customer expressly requests otherwise, collected under the conditions provided for in article L.221-25 of the Consumer Code.
The following payment methods can be used:
- Bank check
- Bank transfer
- Automated withdrawal
If payment by check
In the presence of a payment by check, it must be issued by a bank domiciled in metropolitan France or Monaco. The cashing is made immediately, or according to the conditions agreed between the Provider and the Customer in the order form.
In case of early payment by the Customer, no discount will be applied. Under no circumstances may payments be suspended or be subject to any compensation without prior written agreement between the Service Provider and the Customer. Any suspension, deduction or compensation made unilaterally by the Customer shall be treated as a default in payment and shall entail all the consequences of late payment.
It is expressly agreed that the Customer is validly put in default by the mere exigibility of the obligation, in accordance with the provisions of article 1344 of the Civil Code. In the event of late payment of any of the due dates, the Service Provider reserves the right, without any compensation being due to the Customer, to :
- demand immediate payment of all sums owed for the Services, which shall become immediately due regardless of their initial due date;
- To refuse any new order or to require for any new order a cash payment or a guarantee for the good execution of the commitments;
- charge any partial payment first to the non-preferred part of the claim and then to the sums that are oldest due;
- reduce, suspend or cancel access to the Services, thirty days after the Service Provider has given the Customer formal notice to that effect;
- apply, without prior formal notice, to all sums due, from the first day of delay until full payment, late payment penalties calculated at the rate referred to in Article L.441-6 of the French Commercial Code; and/or
- require the payment of a flat-rate indemnity of €40 for collection costs, for each invoice paid late, and the payment of an indemnity equal to 10% of the sums remaining due to it, without prejudice to compensation for any damage actually suffered.
Article 5 – TERMS AND CONDITIONS OF PROVISION OF SERVICES
The Service Provider is obliged to provide the Services ordered by the Customer only in the event of partial or total payment of the price and effective collection thereof under the conditions set forth in Article 3 above.
In the absence of immediate performance of the Services, the Services shall be provided on the date or within the period specified in the order form, at the place agreed with the Customer and previously accepted by the Service Provider.
The Service Provider represents that it has the necessary skills, experience and resources to provide the Services, and will assume full responsibility for both the performance of the Services and the organization of the work of its personnel where applicable.
The Service Provider will provide the Services in good faith and will take all necessary steps to perform its obligations under these General Terms and Conditions, in compliance with legal and regulatory provisions and the rights of third parties.
In particular, the Service Provider undertakes to :
- take all the care required by professional diligence and local custom in the performance of the Services;
- if necessary, implement or make available the appropriate means for the execution of the Services;
- in the absence of immediate performance of the Services, use its best efforts to ensure compliance with the deadline or schedule set forth in the purchase order.
The Service Provider will cooperate actively and in good faith with the Customer in all matters relating to the proper performance of the Services, and will immediately inform the Customer of any difficulties or disputes arising in the course of the performance of its mission.
The Service Provider will provide the Services in total independence and autonomy. Neither the Service Provider, nor its officers, directors, or staff shall have the power or authority to make decisions, commitments, or enter into contracts in the name and on behalf of the Customer in any manner whatsoever, unless a prior special written mandate is given by the Customer.
Article 6 – OBLIGATIONS OF THE CUSTOMER
The Customer shall cooperate actively and in good faith with the Service Provider in all areas for the proper performance of the Services.
In particular, he/she communicates information and documents of a complete, accurate and sincere nature and takes the decisions reasonably necessary within the time required for the execution of the Services. The Service Provider shall be authorized to use any element communicated by the Customer for the purposes of performing the Services or obtained through public information sources generally considered reliable and to assume, without liability, that such element is accurate, precise, sincere, complete and does not contain any inaccuracies or insufficiencies likely to alter its scope.
The Customer may not modify, during the performance of the Services, their nature or the manner in which they are provided, except with the prior written consent of the Service Provider.
He/She undertakes to inform the Service Provider immediately of any difficulty, reservation or any dispute arising during the execution of the Services, in order to allow, if necessary, an amicable settlement of the situation.
The Customer shall pay the price of the Services under the terms and conditions set forth herein.
Article 7 – CLAIMS
The Service Provider’s customer service department can be contacted using the contact information at the top of these Terms and Conditions.
In the event of a delay in the provision of the Services, for any reason other than force majeure or the Customer’s fault, the Customer may cancel the order under the conditions provided for in Articles L.216-2, L.216-3 and L.241-4 of the Consumer Code, after having instructed the Service Provider to provide the Services within a reasonable additional period of time.
The sums advanced by the Customer will then be returned to it no later than fourteen (14) days following the date on which the contract is terminated.
In the event of defective performance of the Services, the Customer shall notify the Service Provider and set forth its objections, reservations and relevant evidence within thirty (30) calendar days from the date it becomes aware of the defect, in order to allow the parties to make their best efforts to reach an amicable settlement of the situation within thirty (30) calendar days of the Customer’s initial notification.
In the absence of reservations or claims expressly made by the Customer during the provision of the Services within this period, no claim shall be validly accepted by the Service Provider.
If necessary and if the Customer’s complaint is taken into account, the Service Provider may partially or totally refund the Customer or rectify and correct the Services provided as soon as possible.
In the absence of an amicable settlement under the aforementioned conditions and in the event of sufficiently serious non-performance by the Service Provider, the Customer may terminate the General Terms and Conditions under the conditions set forth in Article 10 and obtain, where applicable, damages from the Service Provider in order to compensate for the loss suffered, the Customer waiving in advance the right to request forced performance in kind of the Services by the Service Provider or a third party or a proportional reduction of the price, by express dispensation from the provisions of Articles 1221, 1222 and 1223 of the French Civil Code.
Article 8 – RESPONSIBILITY OF THE PROVIDER
The Service Provider is bound by an obligation of means with respect to the provision of the Services.
The Service Provider’s liability cannot be engaged:
- in case of breach of any obligation resulting from a fortuitous event, an event of force majeure within the meaning of Article 1218 of the Civil Code or because of the Customer or a third party;
- in the event that the information, data, instructions, directives, materials or supports communicated by the Customer are erroneous or incomplete, and more generally in the event that the non-performance or faulty performance of the Services results in whole or in part from the Customer’s behaviour, failure or default;
- if the results of the Services are used for an object or purpose other than those for which the Service Provider has intervened, if the Service Provider’s recommendations are incorrectly implemented or if the Service Provider’s reservations are not taken into account;
- in case of indirect or unforeseeable damage;
- in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for the choice of the Services requested, to check.
Article 9 – INTELLECTUAL PROPERTY
Except with the prior written consent of the Service Provider, the Service Provider is the exclusive owner of all intellectual property rights relating to the elements communicated to the Customer as part of the provision of the Services, including but not limited to the graphic charter, title, form, plan and structure of the information and documents communicated, texts, logos, trademarks, images and photographs, animations and videos, slogans, databases and more generally all or part of the elements communicated.
Consequently, these General Terms and Conditions do not entail the transfer of any of these intellectual property rights to the Customer, who shall refrain from reproducing, using and/or representing, by any process whatsoever, even partially, any element on which the Service Provider holds an intellectual property right.
As an exception to the foregoing, the Service Provider grants the Customer, subject to the Customer’s compliance with these Terms and Conditions, a non-exclusive and non-transferable right to access, download and print, as the case may be, for personal and non-commercial internal use.
Article 10 – PERSONAL DATA
10.1 Nature of the personal data collectedThe Service Provider undertakes to collect only adequate, relevant personal data and limited to what is necessary for the purposes for which it is processed. No personal data considered “sensitive”, such as racial or ethnic origin, political, philosophical or religious opinions, shall be requested or collected from the Customer.
The Client is hereby informed that the personal data indicated as mandatory on the forms and collected as part of the service described herein are necessary for the performance of the Service. The personal data of the Customer that the Service Provider collects from the Customer may include :
- His or her first and last names
- His or her email address
- His or her phone number
- His or her date of birth
10.2 Purpose of the processing of personal data
Personal data may be collected and used by the Service Provider for the purpose of enabling the provision of the Services, and may be transmitted to the companies responsible for the management, execution and processing of payment transactions.
The data collected may also be used in the context of the management of commercial relations in order to establish statistics, carry out market and behavioural studies and to enable the Service Provider to improve and personalise the Services.
10.3 Retention, security and confidentiality of personal data
The personal data collected is processed and stored under conditions designed to ensure its security and is kept for the duration strictly necessary to achieve the purposes referred to in Article 10.2 of these General Terms and Conditions above. Beyond this period, they will be kept for exclusively statistical purposes and will not be used for any other purpose whatsoever.
This data may also be kept for security and conservation purposes, in order to comply with the legal and regulatory obligations to which the Service Provider is subject.
The Service Provider undertakes to implement technical and organizational security measures to ensure the security, integrity and confidentiality of all personal data in order to prevent it from being distorted, damaged or accessed by unauthorized third parties.
However, it is specified that no security measure being infallible, the Service Provider cannot guarantee absolute security for the Customer’s personal data.
10.4 Transfer of personal data
No transfer of personal data is made outside the European Union.
Except in the event that a third party asks the Customer to accept a confidentiality charter and its own terms and conditions of use, third party companies that have received communication of the User’s personal data have undertaken to process the User’s personal data solely for the implementation of the Service Provider’s Services.
The Service Provider undertakes never to share the Customer’s personal data, without having obtained the Customer’s prior consent, with third party companies for marketing and/or commercial purposes.
However, the Service Provider may disclose the Customer’s personal data to the administrative or judicial authorities when such disclosure is necessary for the identification, questioning or prosecution of any individual who may prejudice the rights of the Service Provider, any other Customer or a third party. Finally, the Service Provider may also be legally required to disclose the User’s personal data and may not in this case object to such disclosure.
10.5 Customer’s rights to its personal data
In accordance with the General Data Protection Regulation 2016/679 of April 27, 2016 (“GDPR”), any Customer has the right to access, rectify and delete personal data concerning him, which he may exercise directly with the Service Provider’s customer service department by contacting him at the following email address [email address] or postal address [postal address], enclosing a copy of an identity document with his request.
In addition, within the limits established by law, the Customer also has the right to object to the processing, to limit it, to decide on the post-mortem fate of his data, to withdraw his consent at any time and the right to the portability of the personal data provided.
Article 11 – DURATION – TERMINATION
In the event of a one-off sale or in application of special conditions, these General Terms and Conditions are concluded for the duration of the supply of the Services, as mentioned, where applicable, in special conditions or in the order form.
In case of sale with successive execution, the present General Conditions are concluded for an initial duration of 12 to 24 months maximum. If these General Terms and Conditions are not terminated within a period of two months prior to the end of this initial term, the provision of Services and the General Terms and Conditions are tacitly renewed for a new period of a duration equivalent to the initial term, at the price conditions in force on the date of renewal.
In this respect, it is recalled the terms of the following articles of the Consumer Code appearing in the new legislative part, Book II, Title I, Chapter V :
Article L.215-1 of the Consumer Code
“For service contracts concluded for a fixed period with a tacit renewal clause, the professional service provider informs the consumer in writing, by registered letter or dedicated e-mail, at the earliest three months and at the latest one month before the end of the period authorizing the rejection of the renewal, of the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information, delivered in clear and comprehensible terms, mentions, in an apparent box, the deadline for non-renewal.
Where this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time from the date of renewal.
Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial fixed-term contract, shall in this case be reimbursed within thirty days of the date of termination, after deduction of the sums corresponding, up to that date, to the execution of the contract.
The provisions of this article apply without prejudice to those which legally subject certain contracts to special rules regarding consumer information. »
Article L.215-2 of the Consumer Code
“The provisions of this Section do not apply to water and wastewater service operators. “
Article L.215-3 of the Consumer Code
“The provisions of this chapter also apply to contracts concluded between professionals and non-professionals. »
Article L.241-3 of the Consumer Code
“When the professional has not reimbursed under the conditions provided for in Article L. 215-1, the sums due shall bear interest at the legal rate. »
The Service Provider or the Customer may terminate the General Terms and Conditions of Business in advance by sending a written notice to the Service Provider or the Customer:
- in the event of the occurrence of a case of force majeure referred to in Article 7 hereof;
- after notifying the other party in the event of a serious breach by the other party of its obligations or under applicable laws and regulations, which has not been remedied within fifteen (15) days (where such breach can be remedied) of written notice indicating the nature of the breach and the need to remedy it.
Article 12 – WITHDRAWAL
Where applicable, when an order for Services has been subscribed to by a remote consumer Customer, after canvassing by telephone or outside the Service Provider’s premises within the meaning of Article L.221-1 of the French Consumer Code, the Customer shall have a withdrawal period of fourteen (14) clear days from the date of signing the order form, the period being calculated in accordance with the terms and conditions set out in Article L.221-19 of the French Consumer Code.
The Customer may notify his decision to withdraw from his order by means of the withdrawal form in the Annex hereto or a clear and unambiguous statement to the postal or e-mail address of the Service Provider.
The Service Provider shall, if necessary, acknowledge receipt of the valid revocation request.
Where applicable, the reimbursement of the price paid by the Customer for the Services will be made within fourteen (14) days from the day the Service Provider has been informed of the Customer’s decision to retract the order, using the same payment method as that used by the Customer for the initial transaction. In this respect, it is specified that in the event of an express request by the Customer to perform the Services before the end of the withdrawal period, the Customer must pay the price of the Services that it received prior to its withdrawal, in accordance with the provisions of Article L.221-25 of the Consumer Code.
Notwithstanding the foregoing, it is specified that the right of withdrawal shall not apply to the supply of the services referred to in Article L.221-28 of the Consumer Code, in particular in the case of the supply of Services fully executed before the end of the withdrawal period and whose execution has begun after prior agreement of the Customer and waiver of his right of withdrawal.
Article 13 – NOTIFICATIONS
Any written notice or summons required or permitted to be given hereunder shall be validly given if sent by hand-delivered or hand-delivered letter against receipt of delivery, by registered mail with return receipt requested, or by electronic mail (except in the event of termination hereof), addressed to the contact details of the party concerned, each party electing domicile at its registered office.
Any change in one party’s contact information for the purposes hereof shall be notified to the other party in the manner set forth above.
Notices sent by hand or by hand shall be presumed to have been made on the date of delivery to the recipient, as evidenced by the delivery receipt. Notices made by registered mail with return receipt shall be presumed to have been made on the date of first presentation to the addressee’s address. Notices made by electronic mail shall be presumed to have been made on the date the electronic mail is sent.
Article 14 – AUTONOMY AND NO WAIVER OF WAIVER
If any provision of these Terms and Conditions is declared null and void or unenforceable for any reason whatsoever pursuant to any law, regulation or court decision that has become final, it shall be deemed to be unwritten and the other provisions shall remain in force.
The fact that the Service Provider does not avail itself temporarily or permanently of one or more of the stipulations of the General Terms and Conditions shall in no way constitute a waiver.
Article 15 – MODIFICATION
The Service Provider reserves the right to change the content of these Terms and Conditions at any time for the purpose of placing new orders for Services.
Any order resulting from an amendment to the General Terms and Conditions will entail acceptance by each Customer of the new version of the General Terms and Conditions which will be communicated to him/her.
Article 16 – DISPUTES
The Customer is informed that it is free to resort to a consumer mediator free of charge for the amicable resolution of a dispute which would oppose it to the Service Provider, in accordance with articles L.611-1 et seq. and R.612-1 et seq. of the Consumer Code.
All disputes to which the General Terms and Conditions could give rise, concerning their validity, interpretation, execution, cancellation, their consequences and their consequences, will be submitted to the court of Tours.
Article 17 – APPLICABLE LAW & LANGUAGE
The present General Conditions and the operations that result from them are governed and subject to French law. They are written in French. In the event of translation into one or more foreign languages, only the French text shall be authentic in the event of a dispute.
Appendix: Withdrawal Form
If the Customer wishes to exercise his right of withdrawal – in compliance with the conditions set out in Article 11 of these General Terms and Conditions, he has the option of notifying us by writing to us using the model below :
To the attention of:
I hereby notify you of my withdrawal from the contract for the following services:
- Name(s) and reference(s) of order(s) :
- Ordered on :
Name of the customer at the origin of the order :
Address of the customer at the origin of the order :
Client’s signature :