General conditions of sale of training in company
- Object of the contract and services
Following the commissioning of a training course from the training organization Jardin Jardin Culturel, the customer accepts without reserve the general conditions of sale of the latter.
The training activities provided by the Jardin Culturel fall within the scope of vocational training and the provisions of Article L 6313-1 of the Labor Code. They are carried out in accordance with a pre-established program which, according to specific objectives, specifies the teaching resources, the technical and managerial means implemented and the processes for monitoring its implementation and evaluating the results.
Each training carried out by the Jardin Culturel is identified by its title and content adapted to each customer’s request.
Participation in the various modules provided by the Jardin Culturel implies on the part of the Client that the latter ensures that the registered participants have the required knowledge and / or answer in terms of competence in order to be able to follow the training courses. The need for a level test is therefore mandatory.
2. Application of the general conditions of sale of training services
The present General Conditions of Sale are applicable to any training order placed by the Customer with the Cultural Garden, for training “intra-company”.
3. Training control
To be taken into account by the Cultural Garden, all training must be the subject of either an order form or a signed quotation mentioning “Good for agreement” written and signed by the Customer. At the request of the Client, the Jardin Culturel agrees to send it a professional training agreement in duplicate dated, signed with its commercial stamp as provided for by law. The Client agrees to return a copy of the signed agreement with the company’s stamp.
4. Rules of procedure for the conduct of training
When participating in the training sessions, the Customer undertakes to respect the provisions of the Rules of Procedure of Jardin Culturel which he declares to have read and accept the terms.
The Client is strongly obliged to respect these provisions on the part of the participants who he / she will designate to attend the training sessions and declares to be the guarantor and jointly responsible for these participants.
5. Modification of the order – Cancellation or postponement
Jardin Culturel reserves the right to make at any time any modification that it considers useful to its programs and training services as well as to the planning of its training sessions. It reserves the right to modify, without prior notice, the speakers and to remove one or more titles from its range of courses.
In case of cancellation for any reason whatsoever (unavailability of the trainer for reasons of illness, insufficient number of participants, social conflicts …) the training (s) ordered will be postponed ) at a later date without compensation or penalty owed to the Client.
In the event of a modification of the program or the schedule of the training course (s), as in the case of cancellation of training courses, Jardin Culturel undertakes to inform the Customer who ordered these courses, or directly the participants designated by the Customer previously registered, 7 days before the start of the training course (s) concerned.
If he wishes to cancel or postpone his participation in one or more formations, the Customer will only be able to do so by scrupulously respecting the following conditions:
Any cancellation or postponement of registration for a training must be reported to the Jardin Culturel by the Customer himself, not by the participants designated by the Client for the training ordered, by telephone or by e-mail with acknowledgment of receipt addressed to the email address of the Cultural Garden.
The financial consequences of cancellations and deferrals are as follows:
- Any postponement or cancellation occurring more than 5 working days before the start of the training, the date taken into account being the receipt of the registered mail with AR mentioned above, cancellation;
- Any postponement or cancellation occurring between 2 and 5 working days before the start of the training, the date taken into account being the receipt of the registered mail with AR mentioned above, gives rise to invoicing by Jardin Cultural equal to 50% of the catalog price of the training (s) ordered by the Customer as a lump sum payment to be borne by the Customer;
- Any training canceled or postponed the day before or on the day it begins will be due in full by the Customer to Jardin Culturel as a lump sum indemnity on the basis of the catalog price;
Any training begun will be entirely due by the Client.
The training services are invoiced at the price in effect at the time of the confirmation of the training order. All prices are quoted inclusive of tax. The Cultural Garden is not subject to VAT.
The list of prices can be found on the website of the Jardin Culturel; they can be communicated on request to the Customer.
8. Financial Conditions: Payment – Terms and Conditions
A commercial and financial proposal will be established by the Cultural Garden. A deposit of 30% will be paid by the Customer upon the signature of the order.
The balance is due on receipt of the various invoices issued as the training progresses.
When the training is less than or equal to 3 months, the supplement is due at the end of the training.
For training over 3 months, this one is invoiced during the quarter.
In case of non-payment in full of an invoice that has expired, after formal notice remains ineffective within 5 working days, Jardin Culturel reserves the right to suspend any training in progress and / or to come.
In the case of financing through an OPCA, it is the Client’s responsibility to:
- apply for care prior to the start of the training and ensure acceptance of the application.
- Attach a copy of the agreement to the Cultural Garden.
- indicate it explicitly on his order form
- ensure payment by the joint body at the end of the service.
If the OPCA only pays part of the cost of the training, the remainder will be invoiced to the Client. If the Cultural Garden has not received the OPCA on the first day of the training, the Client will be invoiced for the full cost of the training. In case of non-payment by the OPCA, for for any reason whatsoever, the Customer will be liable for the entire cost of the training and will be charged the corresponding amount.
9. Payment – Delay or Default
In accordance with the provisions of Article L 441-6 of the French Commercial Code, the payment period for amounts due may not exceed thirty days end of the month from the date of issue of the invoice.
Any unpaid amount at maturity shown on the invoice will generate late payment penalties due on the day following the settlement date shown on the invoice at the statutory interest rate applied by the European Central Bank plus 10 percentage points, may be less than three times the legal interest rate.
In addition to penalties for delayed payment, the Customer shall be liable for a lump sum payment of € 40 for collection costs in accordance with articles L441-6 c.com. and D. 441-5 c. com. The Jardin Culturel nevertheless reserves the right to claim additional compensation, on justification, when the costs actually incurred are greater than this amount. These penalties are due as of right, upon receipt of the notice informing the Customer that they have been debited.
10. Nullity of clause
Should any of the provisions of these General Terms and Conditions of Sale be canceled, such nullity would not invalidate the other provisions of the said General Conditions of Sale which shall remain in force between the Cultural Garden and the Customer.
11. Confidentiality of Data
The information requested from the Customer is necessary for the processing of his order.
In the event that the Customer agrees to disclose personal data of a personal nature, he / she has an individual right to access, withdraw and rectify such data under the conditions provided for by law no. 78-17 of 6 January 1978, known as the Loi Informatique et Libertés, updated by the law of 6 August 2004, relating to data processing, files and freedoms. This right can be exercised by making a request by e-mail or by mail addressed to the Jardin Culturel ..
- Attribution of jurisdiction
Any litigation which can not be settled amicably will be the exclusive competence of the commercial court of Toulouse, whatever the seat or residence of the Client.