General Terms and Conditions of Sale (for sales to professionals)
Purpose and Scope
Any order for training implies the Client’s unconditional acceptance and full agreement 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 agreement established in accordance with articles L6353-1 and L6353-2 of the Labor Code. The Client commits to returning a signed copy bearing their commercial seal to d&a partners as soon as possible. A certificate of attendance can be sent to the Client upon request.
Definition of Training Activity
The subcontracted training activity includes pedagogical face-to-face instruction to a group of participants who have entered into a training agreement with the client. This instruction may consist of theoretical and practical teaching and may involve an assessment of acquired skills.
Financial Conditions
The client is invoiced after the service provision. The invoice must be paid in full within 15 days after billing. A deposit 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 any cancellation less than 5 working days before the start of the course, the amount of the training will become immediately due as a lump sum compensation.
Training Materials
d&a partners will provide paper or digital materials if applicable.
Prices and Payments
All our prices are stated in euros and exclusive of taxes. They will be increased by the VAT at the current rate.
Any training started is payable in full.
Invoices are payable in euros, within 15 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 be liable for 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 nevertheless reserves the right to claim additional compensation, upon justification, when the actual expenses incurred are greater than this amount.
Payment by an OPCO
If the Client wishes the payment to be made by the OPCO they belong to, it is their responsibility to:
– Request funding before the start of the training and ensure the successful completion of this request.
– Explicitly indicate this on their registration form or order form.
– Ensure the successful payment by the OPCO they have designated.
If the OPCO only partially covers the cost of the training, the remainder will be invoiced to the Client.
If d&a partners has not received the OPCO’s funding by the 1st day of the training, the Client will be invoiced for the full cost of the course.
In case of non-payment by the OPCO, for any reason, the Client will be liable for the full cost of the training and will be invoiced accordingly.
Cancellation of a Firm Order by the Client
Any cancellation of a participant’s attendance within a period equal to or less than the previously specified, is invoiced at 100%. Any cancellation due to the Client’s withdrawal during the training, or its cessation for any reason, whether due to the Client or not, will result in a 100% billing. In the case of travel expenses agreed between the provider and the client, and already incurred by the trainer (the day before or on the day of the service, for example), the invoicing includes the agreed expenses.
Information to Beneficiaries by the Client
Common living rules and safety instructions are conveyed to the beneficiary by the trainer. Any breach will be subject to 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 by mail addressed to d&a partners.
Intellectual Property
d&a partners may grant the Client the 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 undertakes 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, Incidents, Malfunction
For any malfunction, incidents, and difficulties encountered, please contact d&a partners.
For any complaints, please request the form provided for this purpose from d&a partners or write an email.
Jurisdiction
All disputes that cannot be settled amicably shall be exclusively subject to the jurisdiction of the Paris Commercial Court, regardless of the Client’s seat or residence.