General Terms and Conditions of Sale (for sales to individuals)
Purpose and Scope
Any order for training implies the Client’s unconditional acceptance and full adherence to these general terms and conditions of sale, which prevail over any other document of the Client, including any general purchase conditions.
Contractual Documents
d&a partners will send the Client a continuous professional training contract established in accordance with articles L6353-1 and L6353-2 of the Labor Code. The Client agrees to return a signed copy to d&a partners as soon as possible. A certificate of attendance can be provided to the Client upon request.
Definition of Training Activity
The subcontracted training activity includes pedagogical face-to-face interaction with a group of participants who have entered into a training contract with the client. This interaction may consist of both theoretical and practical teaching and may include an assessment of learning outcomes.
Financial Conditions
The client is billed after the provision of the service. The invoice must be paid in full within 30 days. A deposit of 30% may be requested by the training organization upon signing the order.
Conditions for Cancellation of Training by the Client
Any cancellation by the Client must be communicated in writing. For cancellations less than 5 working days before the start of the course, the full amount of the training will become immediately due as a lump-sum compensation.
Training Materials
d&a partners will provide either paper-based or digital materials as applicable.
Prices and Payments
All our prices are stated in euros and exclusive of taxes. They will be increased by VAT at the applicable rate.
Any training commenced is payable in full.
Invoices are payable in euros, within 30 days from the invoice date, without discount, and to the order of d&a partners. Any sum not paid by the due date will result in the Client being charged late payment penalties at the interest rate applied by the European Central Bank. These penalties are payable by right, upon receipt of the notice informing the Client that they have been debited.
In addition to penalties for late payment, the Client will owe a fixed compensation of 40€ for recovery costs in accordance with articles L441-6 of the Commercial Code and D. 441-5. d&a partners, however, reserves the right to claim additional compensation, upon justification, when the actual expenses incurred exceed this amount.
Cancellation of a Firm Order by the Client
Any cancellation of a participant’s attendance within a period equal to or shorter than the one previously specified, is billed at 100%. Any cancellation due to the Client’s withdrawal during the training, or its cessation for any reason, whether by the Client or not, will result in a 100% billing.
If travel expenses were agreed upon between the provider and the client, and already incurred by the trainer (for example, the day before or on the day of the service), the billing will include the agreed expenses.
Information to Beneficiaries by the Client
The rules of communal living and safety instructions are conveyed to the beneficiary by the trainer. Any breach will result in a verbal report to the client and may be sanctioned by the expulsion of the trainee, in accordance with the provisions of the Labor Code.
Data Protection
The Client is informed that personal information communicated to d&a partners in the application and execution of orders and/or sales may be shared with contractual partners of d&a partners for the needs of said orders. In accordance with the Data Protection Act No. 78-17 of January 6, 1978, updated by the law of August 6, 2004, the Client has the right to access, rectify, and oppose personal data concerning them. This right can be exercised by making a request via email or mail addressed to d&a partners.
Intellectual Property
d&a partners may grant the Client rights of reproduction, use, dissemination, adaptation, modification, and exploitation of training materials, for exclusively internal use and under clearly defined conditions.
Confidentiality
All information (excluding publicly accessible information) that d&a partners or the Client has become aware of or that has been communicated by the other party or by a third-party client, before or during the execution of the contract, is strictly confidential, and each party agrees not to disclose it.
Applicable Law
The General Terms and Conditions and all relations between d&a partners and its Clients are governed by French law.
Complaints, Hazards, Malfunction
For any malfunction, hazards, and difficulties encountered, please contact d&a partners.
For any complaints, please request the form intended for this purpose from d&a partners or write an email.
Consumer Mediator:
To meet the requirements of articles L.611 to L.616 and R.612 to R.616, consumer mediation is free for consumers, with the processing and investigation costs related to mediation cases being borne by professionals. It can only be initiated by the consumer who can only seize the mediator on the condition that they have previously made a written approach directly to the concerned professional or their customer service in an attempt to resolve their dispute.
The mediator chosen by d&a partners is :
https://www.mediateur-consommation-smp.fr
Jurisdiction
Any disputes that cannot be settled amicably shall fall under the exclusive jurisdiction of the Paris Commercial Court, regardless of the Client’s seat or residence, notwithstanding the plurality of defendants or a guarantee call.