Purpose and scope
Any training order implies unreserved acceptance by the customer and full acceptance of these general conditions of sales which prevail over any other customer document, and in particular over all general purchasing conditions.
Contract documents
Discernys sends the client a on going professional training agreement established in accordance with articles l6353-1 and l6353-2 of the French legislation labor code. The customer agrees to return to Discernys a signed copy bearing its commercial stamp as soon as possible.
Following the training, a certificate of attendance will be established and completed by all participants and the trainer for each day of training. This same certificate must be given to the customer after the training.
Inter-company training
Financial conditions
The acceptance of Discernys being conditioned by the full payment of the invoice, Discernys expressly reserves the right to freely dispose of the available training places selected by the customer, as long as the registration fees have not been covered by the customer under the conditions provided below.
Invoices will be issued after the training and to be paid upon receipt thereof.
Meals are not included in the training.
Opening a training session
Discernys reserves the right to postpone a training session without compensation, at the latest one week before the scheduled date, for educational reasons.
Intra-company training
Financial conditions
A commercial and financial proposal will be established beforehand by Discernys. Any first order will have to be paid in full 1 month before the training. For subsequent training, they will have to be paid upon receipt of the invoice.
In the event of non-payment in full of an invoice that is due, after formal notice from Discernys remains ineffective without payment from the client within 5 working days, Discernys reserves the right to suspend any ongoing and / or future training.
Regarding the costs of accommodation, transport, meals and other items … they will be the responsibility of the customer except for special conditions and agreements specifically put into place when signing the contract.
Replacement of a participant
Discernys offers the customer the possibility of replacing a participant without additional invoicing until the opening of the training session concerned, any replacement request must be made in writing by email up front before the training starts.
Conditions for cancellation of training by the client
Any cancellation by the customer must be communicated in writing.
-For inter-company internships:
For any cancellation, less than 10 working days before the start of the course, the amount of the training will remain immediately payable in full and must be acquitted.
– For intra-company training:
For any cancellation communicated by the customer less than 21 calendar days and at least 8 calendar days before the training session, 50% of the amount of the training will be invoiced by Discernys to the client.
For any cancellation communicated by the customer less than 8 calendar days before the training session, 100% of the amount of the training will be invoiced by Discernys to the client.
Training materials
Discernys provides all participants with a training booklet in the form of a workbook.
Prices and regulations
All our prices are indicated in euros and excluding taxes. They are to be increased by VAT at the current rate in force. Any training started is due in full.
Invoices are payable in euros, upon receipt of the invoice (except conditions and agreements between the two parties when signing the contract), without discount and made out to the order of Discernys.
Any amount not paid by the due date will give rise to the payment by the customer of late payment penalties at the interest rate applied by the European Central Bank at its latest current quotation plus 10 percentage points.
These penalties are payable in full as of right, upon receipt of the notice informing the customer that they have been applied.
In addition to the penalties noted in the event of late payment, the customer will be liable for a lump sum indemnity of € 40 for administrative recovery costs in accordance with articles l441-6 c. Com. And D. 441-5 c. Com. Discernys nevertheless reserves the right to claim additional compensation, upon justification, when the costs actually incurred exceed this amount.
Settlement by an OPCA
If the client wishes the settlement to be issued by the OPCA on which he depends, he is responsible for:
– making a request to the OPCA before the start of the training and ensuring the successful completion of this request;
– to indicate this explicitly on his registration form or on his order form;
– to ensure the successful completion of the payment by the OPCA that he has designated.
If the OPCA only partially covers the cost of training, the remainder will be billed to the customer.
If Discernys has not received official acceptation for payment of the client costs from the OPCA before the 1st day of the training, the client will be billed for the full cost of the training course.
In the event of non-payment by the OPCA, for any reason whatsoever, the client will be liable for the full cost of the training and will be charged the corresponding amount.
Order refusal
If a customer places an order with Discernys, without having paid for the previous order (s), Discernys may refuse to honor the order and to deliver the training or the items concerned, without the customer having any right to compensation or comeback , for any reason whatsoever.
Computing and Information
The customer is informed that the personal information communicated to Discernys in application and in the execution of orders and / or sales may be communicated to the contractual partners of Discernys for the purposes of said orders.
In accordance with the law n ° 78-17 of January 6, 1978, known as the data-processing law and freedoms, updated by the law of August 6, 2004, the customer has a right of access, rectification, and opposition to the data and personal information about him. This right can be exercised by making a request by e-mail or by letter addressed to Discernys.
Intellectual property
– For inter-company training.
The rights of reproduction, use, distribution, adaptation, modification, exploitation of inter-company training materials remain the exclusive property of Discernys and therefore cannot be transferred to the customer.
– For intra-company training
Subject to full payment of the price of the training session, Discernys may assign to the customer the rights to reproduce, use, distribute, adapt, modify and exploit the training materials, for exclusively internal use. and under conditions to be defined between the parties.
However, unless there is a written agreement on this subject, Discernys remains the sole owner.
Responsibility
Discernys may be held liable for any direct damage suffered by the customer resulting from the performance of training actions carried out by Discernys.
The compensation due to the customer, in compensation for his damage, may not exceed the amount corresponding to the sums paid by the customer to Discernys for the calendar year during which the damage occurred.
Confidentiality
All information (except those accessible to the public) of which Discernys or the customer will have knowledge or which will have been communicated by the other party or by a customer a third party, before or during the execution of the contract, are strictly confidential and each of the parties refrains from disclosing them.
For the purposes of performing the services, each party is authorized to communicate the aforementioned information only to its employees and / or any authorized subcontractors; each of the parties ensures that this obligation is respected by its employees and / or any subcontractors.
Each of the parties undertakes to return (or destroy, at the choice of the other party) said information as well as their copy, within 5 working days after the end or termination of the contract or the order form, on simple request from the other party. This clause authorizes Discernys to communicate information within Discernys. The parties will be bound by this confidentiality obligation for a period of two years from the end of their contractual relationship.
Communication
The customer expressly authorizes Discernys and its subsidiaries to mention its name, its logo and to mention as references the subscription to an order and any operation resulting from its application in all of their commercial documents.
Waiver
The fact that Discernys does not avail itself at a given time of any of the clauses hereof, cannot constitute a waiver of subsequently invoking these same clauses.
Applicable law
The general terms of sales and all the gouverning commercial and other relationships between Discernys and their clients are legislated upon under the banner of French jurisdiction.
Allocation of Arbitration
Any disputes that cannot be settled amicably will fall under the exclusive jurisdiction of the Paris Commercial Court, regardless of the seat or residence of the client, notwithstanding multiple defendants or warranty claims.
This jurisdiction clause will not apply in the event of a dispute with a non-professional client for whom the legal rules of material and geographic jurisdiction will apply. This clause is stipulated in the interest of Discernys, which reserves the right to waive it if it sees fit.
Choice of domicile
Discernys is legally established at their Headquaters 74 boucles des épillets – 77700 Magny-le-hongre, France.
