DEFINITIONS
Inter-company training corresponds to catalog training carried out in Paris, Lyon, Toulouse, Le Landeron (Switzerland), etc.
E-learning training corresponds to catalog training carried out remotely.
Intra-company training corresponds to training carried out on behalf of a Client in the premises made available by the Client.
DEFINITION OF THE PARTIES
Between Api' Hop Formation, training center of Ovale Performance. Declaration registered under No. 84691482869 with the Auvergne-Rhône-Alpes prefect. 4 Rue de la Fraternité, 69700 Givors, represented by Rémi Bessieux as Chairman, duly authorized for the purposes hereof. Hereinafter the “Seller”. On the one hand,
And the natural or legal person proceeding to the purchase of products or services of Api' Hop Formation, hereinafter, "the Buyer", or "the Customer"
On the other hand.
PREAMBLE
The Seller is a publisher of online products and services on various topics around marketing through its website (https://apihop-formation.com). The list and description of the goods and services offered by Api'Hop Formation can be consulted on the aforementioned site as well as its sales pages.
ARTICLE 1. OBJECT
These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products and Services offered by the Seller.
ARTICLE 2. GENERAL PROVISION
These General Terms and Conditions of Sale (GTC) apply to all sales of Products or Services made through the Api'Hop Formation website and are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these at any time by publishing a new version on its website. The GCS then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These T&Cs can be viewed on the Api'Hop Formation website at the following address: https://apihop-formation.com/conditions-generales-de-vente. Api'Hop Formation also ensures that their acceptance is clear and unreserved at the time of purchase. Any order for training or advice implies the unreserved acceptance by the buyer and his full and complete adherence to these general conditions of sale which prevail over any other document of the buyer, and in particular over all general conditions of purchase. Any contrary condition and in particular any general or specific condition opposed by the Customer may not, unless formally and in writing accepted by Ovale Performance, prevail over these GCS, regardless of when it may have been brought to its attention. The fact that Ovale Performance does not avail itself at a given time of any of these GCS cannot be interpreted as a waiver to avail itself of them later. The Customer guarantees compliance with these GCS by all of its employees, employees and agents.
ARTICLE 3. CONCLUSION OF THE ONLINE CONTRACT
The Customer must follow a series of steps specific to each Product or Service offered for sale by the Seller in order to place his order. However, the steps described below are systematic:
- Information on the essential characteristics of the Product;
- Choice of the Product, if necessary of its options and indication of the Customer's essential data (identification, address, etc.);
- Acceptance of these General Conditions of Sale.
- Verification of the elements of the order and, if necessary, correction of errors.
- Follow-up of instructions for payment, and payment of products.
- Delivery of products.
The Customer will then receive confirmation by e-mail of payment for the order, as well as an acknowledgment of receipt of the order confirming it. For the products delivered, this delivery will be made to the address indicated by the Customer. The Seller provides a telephone contact point indicated in the confirmation email in order to follow up on the order.
For the purposes of proper execution of the order, the Customer undertakes to provide its true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
ARTICLE 4. PRODUCTS AND SERVICES
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the websites of Api'Hop Formation. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honor the Customer's order within the limits of available stocks only. Otherwise, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. In accordance with the legal provisions in terms of conformity and hidden defects, the Seller reimburses or exchanges defective products or products that do not correspond to the order. The refund can be requested by contacting the Seller by email or simple letter.
ARTICLE 5. PREREQUISITES AND ACCESSIBILITY
Ovale Performance specifies in its programs the initial knowledge required (prerequisites) to follow each of its training courses in optimal conditions. It is the customer's responsibility to ensure that any trainee registered for Ovale Performance inter-company training meets the prerequisites specified in the corresponding training program. Ovale Performance cannot therefore be held responsible for any mismatch between the training followed and the initial level of the participants.
For 100% E-Learning training, the time to access our Api'Hop training platform is a maximum of 5 days after receipt of the customer order.
For inter-company and intra-company training, the time limit for access to our Api'Hop training platform for the E-Learning part is at least 15 days before the start date of the face-to-face course.
Access to the training platform is open for the duration of the training provided for in the training agreement. The average open time for a module is 30 days for Lean modules and 60 days for 6 sigma modules.
As part of Lean and Lean 6 Sigma training including coaching, the latter is valid for 12 months from the 1st day of training.
As part of intra-company training, for the smooth running of these, the customer provides a place suitable for training equipped with tables, chairs, a video projector, a Paper board, markers, …
ARTICLE 6. PRICE
All prices are established in euros excluding taxes and are to be increased by the rate of VAT in force. Any course started is considered due in its entirety. The invoice is sent to the customer after completion of the service.
For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Api'Hop Formation reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the websites of Api'Hop Formation are the responsibility of the Customer. Where applicable also the delivery costs.
ARTICLE 7. PAYMENT
Payment is due immediately upon ordering, including for pre-order products. The Customer can pay by credit card. Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted in the state of the art and cannot be read during transport on the network. Once the payment has been made by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately resolved as of right and the order cancelled.
ARTICLE 8. WITHDRAWAL PERIOD
In accordance with Article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception, where applicable, of return costs”. “The period mentioned in the previous paragraph runs from the receipt for the goods or the acceptance of the offer for the provision of services”. The right of withdrawal can be exercised by contacting Api'Hop Formation by email or telephone. In the event of exercising the right of withdrawal within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed.
ARTICLE 9. CANCELLATION AND REPORTING CONDITIONS
Pursuant to Article L.6354-1 of the Labor Code, it is agreed between the signatories that, in the absence of total or partial performance of the training service, the provider organization must reimburse the co-contracting party for the sums unduly received as a result.
For inter-company training, in the event that the number of participants is pedagogically insufficient for the smooth running of the session, Ovale Performance reserves the right to cancel the training at the latest one week before the scheduled date and this, without compensation. In this case, trainees will be notified at least one week before the start of the course. New dates or sites will be offered to them.
Any cancellation of registration must be notified by telephone and confirmed in writing.
The registered participant may be replaced, before the start of the course, by one of his colleagues, whose name must be communicated to us immediately.
Any cancellation occurring more than 15 days before the start of the training session will give rise to the invoicing of the client for administrative costs of up to €350 excluding tax per participant.
Any cancellation occurring between 8 and 15 days before the start of the training session will result in the customer being billed 50% of the total cost of the course as a penalty.
Any cancellation occurring less than 7 days before the start of the training session will result in the full cost of the course being billed.
ARTICLE 10. GUARANTEE AND CLAIMS
In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects of the products. The buyer may submit any complaint by contacting Api'Hop Formation by email or by simple letter.
ARTICLE 11. INTELLECTUAL PROPERTY AND USE OF MATERIAL
The client is prohibited from using the content of the training to train people other than its own staff and is liable on the basis of articles L.122-4 and L.335-2 and following of the intellectual property code in case of unauthorized transfer or communication of content. The responsibility of the client would be engaged if unauthorized use was made of the software or training materials. All documents, lessons, plans and methods, whatever their medium (paper, CD, USB, electronic, digital) and their content, used by Ovale Performance as part of the training are protected by intellectual property rights, exclusive property of Ovale Performance. Any reproduction, representation, modification, publication, transmission, distortion, total or partial training content is strictly prohibited, regardless of the process and medium used, except with the prior written consent of Ovale Performance. Failure to comply with this obligation constitutes an infringement liable to engage the civil and criminal liability of the infringer.
The trainee is required to keep the equipment entrusted to him for the training in good condition. He must make use of it in accordance with its purpose and according to the rules issued by the trainer. The trainee immediately reports to the trainer any anomaly of the equipment.
ARTICLE 12. COMPUTER AND FREEDOMS
Pursuant to Law No. 78-17 of January 6, 1978, Ovale Performance recalls that the personal data requested from the Customer is necessary for the processing of his order. The Customer has a right of access, modification, rectification and opposition with regard to information concerning him, under the conditions provided for by the law and the regulations in force. To this end, the Customer must send his request by post indicating his surname, first name and address and, as far as possible, the Customer reference.
ARTICLE 13. CONFIDENTIALITY
Each of the parties agrees, without time limit, to keep confidential all documents and/or information concerning the other party of which it may become aware in the context of the contractual relations covered by these presents. T&Cs. Each of the parties also undertakes to ensure that this commitment is respected by its employees and/or agents.
ARTICLE 14. FORCE MAJEURE
Ovale Performance cannot be held liable to the Customer in the event of non-performance of its obligations resulting from an event of force majeure. Are considered as cases of force majeure or fortuitous event, in addition to those usually recognized by the jurisprudence of French Courts and Tribunals and without this list being restrictive: the illness or accident of a consultant or a training facilitator, the strikes or labor disputes internal or external to Ovale Performance, natural disasters, fires, failure to obtain visas, work permits or other permits, laws or regulations subsequently implemented, interruption of telecommunications, interruption of energy supply, interruption of communications or transport of any kind,
ARTICLE 15. NULLITY AND MODIFICATION OF THE CONTRACT
If one of the stipulations of this contract were cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is valid only after a written and signed agreement of the parties.
ARTICLE 16. GDPR AND PROTECTION OF PERSONAL DATA
In accordance with European regulations on the protection of personal data, you have the right to query, access, modify, oppose and rectify personal data concerning you. By adhering to these general conditions of sale, you agree that we collect and use this data for the execution of this contract.
ARTICLE 17. APPLICABLE LAW
The General Conditions and all relations between Ovale Performance and its Customers are governed by French law.
ARTICLE 18. ATTRIBUTION OF JURISDICTION
All disputes that cannot be settled amicably will fall under the exclusive jurisdiction of the Lyon Commercial Court regardless of the registered office or residence of the Customer, notwithstanding multiple defendants or warranty claims.
This clause conferring jurisdiction will not apply in the event of a dispute with a non-professional Customer for which the legal rules of material and geographical jurisdiction will apply. This clause is stipulated in the interest of Ovale Performance, which reserves the right to waive it if it sees fit.