General terms and conditions of sale
Article 1: GENERAL
The present general conditions of sale apply to the training courses provided by GOOD COACHING, with the exception of those whose training agreements expressly state that these general conditions do not apply.
They complete the common will of the parties for all the points where this will not have been clearly expressed.
The Client is the co-contractor of GOOD COACHING, it can be an individual or a company.
GOOD COACHING will send the CLIENT a continuing education agreement for each training course or program established in accordance with Article L 6353-1 of the French Labour Code.
The training courses offered by Good Coaching fall within the scope of article L6313-1 of the French Labour Code.
Article 2 : REGISTRATION & FINANCIAL CONDITIONS
A/Concerning training contracts (individual financing at his own expense) :
When a natural person undertakes training on an individual basis and at his own expense, the contract is deemed to have been formed when it is signed, and is subject to the provisions of articles L6353-3 to L6353-9 of the French Labour Code.
From the date of signing the training contract, the Customer has a period of 10 days to withdraw. He will inform GOOD COACHING by registered letter with acknowledgement of receipt addressed to GOOD COACHING 5 avenue Foch 92420 Vaucresson. In this case, no amount can be demanded from the Customer. At the end of the term, no more than 30% of the price can be paid (see contract for exact amount). The balance is paid in instalments as the training course progresses, as stipulated in the training contract.
B/Concerning the other training contracts, the registration of the participants will be effective at the reception of the price of the training. GOOD COACHING’s acceptance is conditioned by the full payment of the invoice and the return of the signed agreement. GOOD COACHING reserves the right to dispose of the places selected by the CLIENT as long as the registration fees and the agreement have not been received.
The price includes only the training and the educational support, but excludes transportation, accommodation and catering costs, which are the exclusive responsibility of the Customer.
Invoices are payable without discount, upon receipt of the invoice, to the order of GOOD COACHING. Any sum not paid 60 days after the date of the invoice will give rise to the payment of interest on arrears, i.e. 3 times the legal rate. These penalties are payable without the need for a payment reminder. GOOD COACHING reserves the right to claim additional compensation, upon justification, when the costs actually incurred are additional to this amount.
C/ Payment by a third party organization: if the Client wishes to have the payment issued by another organization, it is up to him to make a request for payment before the beginning of the training and to ensure the proper completion of this request; to explicitly indicate this to GOOD COACHING; to ensure the proper completion of the payment by the organization he has designated. If this organization only partially covers the cost of the training, the remainder will be billed to the Client. If GOOD COACHING has not received the payment from the designated organization by the 1st day of the training, the Client will be invoiced for the full cost of the agreement. In case of non-payment by the designated organization for any reason whatsoever, the Customer will be liable for the full cost of the training and will be charged the corresponding amount.
Article 3: FORCE MAJEURE
Any training started is due in full, except in cases of force majeure as described below.
Neither party to this contract shall be liable for its delay or failure to perform any of its obligations under the contract if such delay or failure is the direct or indirect result of a duly recognized force majeure event, including constraints related to the pandemic
Each party shall inform the other party without delay of the occurrence of a case of force majeure of which it is aware and which, in its opinion, is likely to affect the performance of the contract. If the duration of the impediment exceeds 10 working days, the parties shall consult as soon as possible to examine in good faith whether the contract should continue or be terminated.
In this case of breach of contract, only the services actually provided are due in proportion to their contractual value.
Article 4: CANCELLATION
In case of cancellation by the company more than 15 clear days before the beginning of the training, only the sums actually spent or incurred by GOOD COACHING will be due. GOOD COACHING will reimburse, if necessary, the amounts not actually spent or incurred.
In the event of a cancellation made in writing less than 15 clear days before the start of the training course and after the period of reflection for the individual physical client, GOOD COACHING will receive 30% of the price stipulated in the training agreement as a lump sum.
In the event of total or partial non-performance due to GOOD COACHING, GOOD COACHING undertakes to reimburse the CLIENT for any undue amounts.
Article 5: MODIFICATION /SUBSTITUTION
GOOD COACHING reserves the right to modify the program and the announced facilitator in case of absolute necessity.
The Client may substitute another employee and must inform GOOD COACHING at least 7 days before the first day of the training. GOOD COACHING will send an invitation with practical information 7 days before the start of the session.
Article 6: ACCESSIBILITY OF TRAINING TO HANDICAP
For any situation of handicap, we propose an accompaniment by our referent handicap. Therefore, the Customer will expressly inform us of this situation and our disability advisor will propose an interview in order to take note of the specificities of the disability and to determine with the Customer the possible adaptations of our services.
Article 7: INTELLECTUAL PROPERTY
The use of the documents, written supports delivered, sent by e-mail, or available on line is subjected to the respect of the code of the Intellectual Property. Any reproduction, exploitation or representation by any means whatsoever, not respecting the legislation in force would constitute an infringement punishable by the Penal Code.
Article 8: LIABILITIES
GOOD COACHING undertakes to carry out the training services with all the care and competence at its disposal within the framework of an obligation of means. The responsibility of the training organization can only be engaged on proven and exclusive fault of GOOD COACHING. GOOD COACHING can in no way be held responsible for any material or immaterial damage, whether consecutive or not, caused directly or indirectly by the services provided, such as commercial or financial loss, loss of clientele, loss of brand image, loss of profit, loss of orders, any commercial disturbance whatsoever, total or partial loss or destruction of data or files of the Client, as well as any action by third parties. Without prejudice to the above, the liability of GOOD COACHING in the event that it is called into play under the training services, is expressly limited to the price actually paid by the Customer for the training service concerned.
Article 9: PERSONAL DATA
The data collected at the time of a registration are recorded with the consent of the Customer in order to ensure the follow-up of the trainings, to send the convocations, as well as the creation of contracts and invoices. This data is only accessible by the competent administrative staff and the IT provider. Their use remains limited to the company GOOD COACHING. You can request the modification of your information at any time by sending us an email at email@example.com
Article 10: PERSONALITY & SUBCONTRACTING
GOOD COACHING reserves the right to subcontract all or part of the services -to any person, legal or physical, outside its services or its partners- which are entrusted to it and this under its full responsibility.
The subcontractor shall not be required to be expressly approved by the other party, but shall be subject to the same obligations as set forth herein.
In addition, the subcontractor shall ensure that the subcontract does not in any way interfere with the use of the subcontractor or with this Agreement.
This contract is entered into in consideration of the competencies of the parties. It is further concluded in the context of the requirements described herein and in consideration of the teams by third parties. Consequently, the present contract is non-transferable by the parties, except with the express, written and prior agreement of the other party. Registrations to GOOD COACHING trainings are therefore strictly personal. Any transfer of registration to a third party or provision of training materials for any purpose is strictly prohibited.
Article 11: CLAIMS
During the whole duration of the training or the realization of the assessment of competences, any request or complaint in the event of problem or encountered difficulty can be done by sending an e-mail to the following address firstname.lastname@example.org
Please specify in the subject line of your email your name and surname as well as the title of the training course followed at GOOD COACHING.
You will receive an answer within 7 days.
Article 12: ASSIDIENCE AND CERTIFICATION OF FOLLOWING THE TRAINING
For obvious pedagogical reasons, it is recommended that participants not be absent during a session. Attendance at all sessions for skills assessments is mandatory. Any absence from a class must be exceptional and will require a written justification.
At the end of the training, participants will be given a certificate of attendance.
Article 13: DOCUMENTS GOVERNING THE AGREEMENT OF THE PARTIES
The documents governing the parties’ agreement are, to the exclusion of all others, in descending order of priority
Internal training regulations :
- any amendments to the professional training agreements accepted by both parties;
- professional training agreements agreed upon by both parties;
- the pedagogical sheets of the trainings ;
- Amendments to these terms and conditions;
- these terms and conditions;
- the offers given by GOOD COACHING to the Client;
In the event of a contradiction between one of the documents, the higher priority document will prevail for the interpretation in question.
Article 14: DISPUTE/ATTRIBUTION OF JURISDICTION
In the event of any difficulty in the interpretation of these terms and conditions, the parties shall endeavor to resolve their dispute amicably. In case of persistent disagreement, the Court of Nanterre will have sole jurisdiction. The Parties accept this attribution of jurisdiction without any restriction or reservation.