GENERAL TERMS OF SALE OF PRODUCTS AND SERVICES
1. PREAMBULE - WARNING - CONTRACT DOCUMENTS
These terms and conditions (the "General Terms") apply to any order for Products and/or Services made by the Customer to Nick Danese Applied Research, SARL, 7700 Euros, registered at the RCS of Antibes B under the number 344 181 573, whose head office is located at 150 Rue de Goa, 06600 Antibes, FRANCE - Telephone: '33 4 92 91 13 24 - Email: ndar@ndar.com - VAT FR0434418157300025.
Depending on the Products and/or Services ordered by the Customer from the Company, the additional special conditions relating to those Products and/or Services will also apply to those orders (the "Special Conditions"). These Special Terms are attached to these Terms and Conditions.
To the extent that the Products and/or Services ordered by the Customer from the Company are Products manufactured and/or edited by a Supplier and/or Services made by a Supplier and/or Provider, the separate terms of the Supplier and/or Provider will also apply to those orders (the "Supplier's Distinct Terms" and/or "The Provider's Distinct Conditions"). It is up to the Customer to review the Supplier and/or Provider's Distinct Terms available online on the Supplier and/or Provider's website or any other address provided by them.
As a result, the contractual relationship between the Company and the Client is governed by applicable contractual documents, listed and ranked in hierarchical order of increasing legal value below (the "Contract Documents"):
(i) These General Terms applicable to any order for Products and/or Services by the Customer with the Company and their Appendixes;
(ii) If applicable, the Special Terms applicable to certain Products and/or Services(s) ordered by the Customer from the Company and their Annexes;
(iii) If applicable, the Supplier's Distinct Terms applicable to the Product (s) manufactured and/or edited by the Supplier and/or the Supplier's Service(s) and which are ordered by the Customer from the Company;
(iv) If applicable, the Service's Distinct Terms applicable to the Service(s) performed by the Provider, which are ordered by the Customer from the Company; (v) and the Order.
The Contractual Documents constitute the entire agreement between the Parties. They nullify and replace any written or verbal agreements or documents, past or concomitant, between the Company and the Client and prevail over any contractual terms of the Client.
2. CONTRACTUAL DEFINITIONS
The following terms will have the meaning attributed to them below:
"Order Voucher" refers to the purchase order identifying the Product and/or Service(s) ordered by the Customer from the Company and providing information about its identity and contact information,assigned and sent by the Customer and validated, signed and returned by the Company.
"Customer" refers to the individual or private legal person, identified in the Order Order and purchasing the Product and/or Service from the Company.
"Order" refers to the purchase of the Product and/or Services by the Customer from the Company. "Supplier Distinct Terms" refers to the supplier's separate terms and conditions applicable to the purchase of products manufactured and/or edited by the Supplier and/or Service(s) made by the Supplier, which are ordered by the Customer from the Company (as well as their subsequent developments and updates by the Supplier). Depending on the Products and/or Services ordered by the Customer from the Company, the Supplier's Distinct Terms may include the Supplier's License.
"The Service's Distinct Terms" refers to the Service's separate terms applicable to the purchase of Service(s) made by a Provider, which are ordered by the Customer from the Company (as well as their possible subsequent changes and updates by the Provider).
"General Terms" refers to these terms and conditions applicable to any purchase of Product (s) and/or Service by the Customer from the Company (as well as their possible future developments and updates by the Company).
"Special Conditions" refers to the specific conditions applicable to the purchase of certain Services by the Customer from the Company, with the exception of the Product Delivery and Installation Service which is the subject of these General Terms (as well as their possible subsequent changes and updates by the Company).
"Contract Documents" refers (i) to these General Conditions, (ii) if applicable, applicable Special Conditions, (iii) if applicable, the Distinct Conditions of the Applicable Supplier and/or Provider and (iv) the Order Voucher.
"Supplier" refers to the hardware manufacturer and/or software publisher and/or service provider, for which the Company resells the Product and/or Service(s) and/or performs the Product-related Service(s) to the Customer.
"Supplier License" refers to the Supplier's end-user license that defines the conditions under which the Supplier directly grants the Customer a right to use the Product(s) and to which the Customer agrees to comply with any use of the Product or Products.
"Party" means together or separately (i) the Company and (ii) the Client.
"Provider" refers to the provider who performs the Product Services for the Company and/or the Supplier to the Customer.
"Product" refers to the computer hardware manufactured by the Supplier (product)
Hardware and/or computer software (s) edited by Supplier (the "Software Products)s), which are provided by the Company. The product includes, if applicable, the hardware support of computer software ("Software Products) (s) except electronic delivery. The product (s) also includes, where applicable, associated documentation and all equipment (including components, options and spare parts), operating systems, integrated software and associated software from the Vendor's catalogue.
"Service" refers to the products services(s) that include the Company's Product Delivery and Installation Service and all other Services(s) offered by the Company.
"Company" refers to the Nick Danese Applied Research Company, SARL, 7700 Euros, registered at the RCS of Antibes B under the number 344 181 573, whose head office is located at 150 Rue de Goa, 06600 Antibes, FRANCE - Telephone: '33 4 92 91 13 24 - Email: ndar@ndar.com - TVA FR0434418157300025.
"Customer Site" refers to premises in which the Product and/or Service (s) are provided to the Customer by the Company.
"Company's website" refers to the Company's website accessible to the https://ndar.com/ address (or any other address that may be substituted for it).
"Supplier's website" refers to the Supplier's website.
"Provider's website" refers to the Provider's website.
"Territory" refers to metropolitan France (including Corsica).
3. PURPOSE OF THE PRESENT GENERAL CONDITIONS
3.1. The purpose of these Terms and Conditions is to define the conditions under which the Company undertakes to provide the Product (s) ordered by the Customer and related Services, including the Delivery and Installation Service.
3.2. Any other Service, including assistance, maintenance, or other Additional Service are subject to the Special Conditions relating to and attached to these Terms and Conditions.
4. PRODUCTS AND SERVICES
4.1. The Products and Services offered by the Company are described in the Order Order and, if applicable, in the applicable Special Conditions, on the Company's website and/or in the Company's catalogue. If necessary, Products and Services are more fully described on the Supplier and/or Provider Website in the Supplier and/or Provider's catalogue.
4.2. The Customer acknowledges and accepts that the availability of the Products and Services described in the Order Order must be validated by the Company and that he did not rely, at the time of the Order, on the future availability of the Products and Services described in the Order Order or on any other statement made by the Company and/or the Supplier and/or the Provider.
5. PRODUCT ORDER (S) AND/OR SERVICE (S)
5.1. Validity and effectiveness of the Order. To make product ordering and/or Service(s) valid and effective:
(i) The Customer must provide the Order Voucher, with the Order and/or Service(s) ordered and information relating to his identity and contact information, by making his name, his commercial stamp and his signature clear, and return it in two original copies signed and signed to the postal address indicated in it by the Company;
(ii) The Company must validate the Order voucher and return it in an original copy signed and signed to the postal or digital address indicated in it by the Customer.
5.2. The Client undertakes to provide information, including personal information about his identity and contact information, which is complete, accurate, and up-to-date.
The Customer expressly acknowledges and accepts that the informationed email address may be used for the exchange of information, the conclusion and execution of the Order. As such, it undertakes to provide an effective e-mail address and to consult the corresponding e-mail box throughout the conclusion and execution of the Order. It accepts that it is solely responsible for a defect or delay in the conclusion or execution of the Order due to a failure to indicate in the email address or to consult the corresponding electronic box.
The Customer also acknowledges and accepts that the postal address provided can be used for the delivery and installation of the Product and/or Services. As such, it undertakes to provide an effective postal address located in the Territory. It acknowledges and accepts that it is solely responsible for a defect or delay in the delivery and installation of the Product or Products due to a lack of indication in the postal address.
5.3. The Customer acknowledges and accepts that the Company will not be able to process an Order for which the corresponding Order Order has been incompletely or inaccurately provided by the Customer and/or for which the corresponding Order Order has not been received by the Company and/or for which the payment of the price of the Product and/or Service(s) by the Customer has not been received by the Company.
5.4. Irrevocability of the Order in the relationship between the Company and the Customer acting in a professional capacity. In the relationship between the Company and the Customer acting in a professional capacity, any Product Order and/or Service (s) is irrevocable from the day it became valid and effective, and the sums paid non-refundable and not subject to compensation.
5.5. The right to retract the Order in the relationship between the Company and the client not acting in a professional capacity. In the relationship between the Company and the client not acting in a professional capacity and in the event that the Order is concluded remotely and outside the institution, the Customer has a right of withdrawal within the following deadlines, conditions and terms, which are provided for in Articles L.221-8 and following of the Consumer Code, reproduced in Appendix to these General Conditions.
5.5.1. Deadlines for the right of withdrawal. Customers who do not act in a professional capacity may exercise their right of withdrawal within 14 days:
- From the day the Order became valid and effective, for off-the-station Product Orders, for Service Orders, and for Orders to provide digital content not provided on a hardware medium;
- from the day the Product is received for remotely concluded Product Orders.
- From the receipt of the last product or lot or the last piece, for Orders for several products delivered separately or on a product composed of batches or multiple parts whose delivery is staggered over a defined period of time;
- from the receipt of the first Product, for Orders for regular delivery of Products for a defined period of time.
5.5.2. Terms and terms of the right of withdrawal. The Non-Professional Client may exercise his right of withdrawal by referring the retraction form attached to the Appendix of these General Conditions to the postal address indicated in it by the Company or by sending any other statement expressing his decision to retract unambiguously and mentioning the number of the Order concerned, at the same address.
In case of exercise of its right of withdrawal for Product Orders, the Customer will have to return the products in their original and complete state (packaging, accessories, notice ...) allowing their marketing in the new state. The Customer may be liable in the event of impairment of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these Products,
The Customer must return the Products within a reasonable time and, at the latest, within 14 days of sending the retraction form or statement expressing his decision to retract unambiguously.
The Customer will obtain a refund of the price of the Products, according to the same means of payment as that used for the Order, unless expressly agreed for a refund according to another means of payment, within a reasonable period of time and, at the latest, within fourteen (14) days of receipt of the retraction form or declaration expressing its decision to retract without ambiguity. However, the Company reserves the right to defer the refund of the price of the Products until the products are recovered or proof of the shipment of these Products, the date chosen being that of the first of these facts.
It is specified that only the price of the Products and any delivery costs of the Products will be reimbursed. It is also specified that the Company is not required to reimburse the additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method proposed by the Company. In any event, the Customer retains the costs of returning the Products and, in particular, the cost of returning the Products when they cannot normally be returned by mail.
In the event of the exercise of his right of withdrawal for Service Orders which the Customer expressly requested to be executed before the end of the withdrawal period, the Customer will have to pay the Company an amount corresponding to the Service provided until the disclosure of its decision to withdraw and which is proportionate to the total price of the Service indicated in the Order.
5.5.3. Exclusion of the right of withdrawal. This right of withdrawal may be exercised for any Product and/or Services Order.
However, it is specified that, in accordance with Article L.221-28 of the Consumer Code, this right of withdrawal cannot be exercised:
- For Product Supply Orders made to customer specifications or clearly customized;
- Product supply orders that may deteriorate or perish rapidly;
- For Product Supply Orders that have been unsealed by the Customer after delivery and cannot be returned for reasons of hygiene or health protection ;
- For Product Supply Orders which, after being delivered and by their nature, are inseparably mixed with other items;
- Orders to provide audio or video recordings or computer software when they have been unsealed by the Customer after delivery.
It is also specified that, in accordance with Article L.221-28 of the Consumer Code, the Customer expressly waives his right of withdrawal:
- Orders to provide digital content not provided on a hardware medium that begins to run before the end of the withdrawal period;
- For Service Supply Orders that begin and end before the end of the withdrawal period.
In this regard, the Customer expressly accepts that these Orders are irrevocable from the day they have become valid and effective, and the sums paid non-refundable and not subject to compensation.
6. PRICE AND PAYMENT OF PRODUCTS AND/OR SERVICES
6.1. Prices of Products and/or Services. The price of Products and Services is based on the Order made by the Customer and is indicated in the Order Voucher.
6.2. The price of products and services indicated in the Order Voucher corresponds to the price in effect on the day of the order.
6.3. The price of Products and Services is expressed in euros and is defined as tax and non-fee, including excluding processing, transport and shipping costs and excluding costs possibly associated with customs and other similar charges. These fees and taxes will be due in addition.
6.4. Changes in the price of Products and/or Services. The Customer expressly acknowledges and accepts that the Company reserves the right to unilaterally change the price of Products and/or Services at its sole discretion.
In the event of a change in the price of the Products after the day of the Order, only the price in effect on the day of the order and indicated in the Order Will be applicable to it.
In the event of a change in the price of services after the day of the Order, the conditions for the application of the said price change are stipulated in the applicable Special Conditions.
In any event, the Customer expressly acknowledges and accepts that the Company reserves the right to unilaterally pass on, to the price of Products and/or Services, any new legal, regulatory, or administrative tax or any increase in the rates of existing taxes, at any time and without delay.
6.5. Payment of the price of Products and/or Services. The terms and times of payment of the price of Products and/or Services are based on the Order made by the Customer and are indicated in the Order Voucher.
The corresponding invoices will be issued by the Company and will be paid by the Customer after a period of thirty (30) calendar days from the date of issuance, unless otherwise stipulated in the Order.
No discount will be granted in the event of an advance payment.
Any incident, default or delay in payment of the Price of Products and/or Services at maturity will result in (i) the application of a lump sum recovery payment amounting to forty (40) euros and (ii) the application of late interest from the day after the date of settlement recalled on the invoice, at a rate equal to the interest rate applied by the European Central Bank to its most recent refinancing operation, plus ten (10) points, in proportion to the number of days late, all without prejudice to the Company's right to terminate the corresponding Order and/or suspend the execution of the Order until the full payment of the price of the Products and/or Services by the Customer.
The Company also reserves the right to notify the Supplier and/or the Provider of the Customer's default, which may result in the termination of the corresponding Order and/or the suspension of the execution of the Order by the Supplier and/or the Provider.
6.6. In the event of an online order and payment on the Company's website, the Customer guarantees:
- Have all the permissions required to use the chosen means of payment.
- authorize the deduction of the sum corresponding to the total amount of the Order (including taxes, including value-added tax, at the rate in effect on the day of payment) from the chosen bank account.
7. DELIVERY AND INSTALLATION OF PRODUCTS AND/OR EXECUTION OF SERVICES
7.1. Place where The Services' Products and/or Execution Are Delivered and Installed. The location of the delivery and installation of the Products and/or execution of the Services is specified in the Order Order. The location of delivery and installation of The Services' Products and/or Execution must correspond to a postal address in the Territory.
7.2. Time for delivery and installation of Products and/or Service Execution. The time to deliver and install the Products and/or execution of the Services is specified in the Order Order, unless otherwise stipulated in the Special Conditions applicable to certain Services. The time to deliver and install the Products and/or execution of the Services is strictly indicative and the Parties will make their best efforts to ensure the delivery and installation of the Products and/or the execution of the Services on the date provided in the Order Order and/or applicable Special Conditions. In the event of delivery and installation requiring an appointment with the Customer, the Parties will agree to an appointment date other than that provided in the Order Order and/or the applicable Special Conditions. In the relationship between the Company and the non-professional customer, in the event of non-delivery and installation of the Products and/or execution of the Services under the terms of this Article, the Customer has the right to resolve these General Conditions, the applicable Special Conditions and the Order Order corresponding under the conditions provided for in Articles L.216-1 and following of the Consumer Code, reproduced in Appendix to these General Conditions.
7.3. Receipt of Products and/or Services. Upon delivery and installation of the Products, the Customer will have to sign a delivery voucher and an installation voucher. Upon receipt of the Services, the Customer will have to sign a recipe report, as stipulated in the Special Conditions applicable to certain Services.
The Customer undertakes to ensure, in advance, that the Products and/or Services comply with the mentions indicated in the delivery voucher and/or the installation voucher and/or the recipe minutes to indicate, if necessary, its reservations in case of non-compliance (number of different parcels, damaged packaging, etc.).
7.4. Risks of loss and damage to products. The Customer bears the risks alone and will be solely responsible for the loss or damage to the Products from the moment he physically takes possession of these products.
7.5. Risks of loss, destruction or tampering with data, files or programs. The Customer bears the risks alone and will be solely responsible for the losses, destructions or alterations of its data, files or programs, which may occur during or following the delivery or installation of the Products and/or the execution of the Services.
In particular, the Customer undertakes to take all necessary measures to protect and safeguard its data, files and programs, prior to the delivery and installation of the Products.
The Customer is also committed to taking all necessary measures to protect and safeguard data, files and programs, prior to the execution of the Services.
8. MATERIAL OWNERSHIP AND INTELLECTUAL PROPERTY ON THE PRODUCTS AND/OR RESULTS OF THE SERVICES
8.1. Material ownership on "Material Products" and "Software Products." The physical ownership of Material Products and Software Products (understood as the hardware support of Software Products) is transferred to the Customer subject to the full payment of the price by the Customer, as indicated on the Order Voucher.
8.2. Intellectual property on "Software Products." Software Products are protected by French and international intellectual property rights laws (copyright, neighbouring rights, design rights, trademark law, patent law, sui generis rights of database producers, etc.).
8.3. Intellectual property rights to Software Products are the exclusive property of the Supplier and its licensees.
8.4. The Customer acknowledges and accepts that the Supplier authorizes him to use Software Products under the terms of the Supplier's License.
The Customer is informed and expressly acknowledges that if he uses Software Products beyond what is provided under the Supplier's License, particularly in light of the number of Licenses indicated in the Order Order, he will have to pay additional license fees corresponding to his actual uses.
The Customer is also informed and expressly acknowledges that, in the absence of paying the additional licence fees corresponding to its actual uses, he will not be able to use the Software Products ordered for his particular uses.
8.5. The Customer acknowledges and accepts that the Company reserves the right to provide additional software and related free third-party licenses in addition to the Supplier's License.
The Customer is informed and expressly acknowledges that if he does not download the additional software and accept the licenses of related third parties, he will not be able to use the Products ordered.
8.6. The Customer acknowledges and accepts that any use other than that provided under these Terms and Conditions, possible applicable Special Conditions, and The Supplier's Distinct Terms, including the Supplier's License, is expressly reserved.
As a result, the Customer prohibits himself, except within the limits permitted by the applicable law:
• to access and/or reproduce and/or to represent and/or to use and/or to exploit all or part of the Products in any other way and/or for any other purpose other than those expressly provided under these Terms and Conditions, possible applicable Special Conditions, and the Supplier's Distinct Terms including the Supplier's License;
• disassemble, decompile, reverse engineering of all or part of the Products or discover in some way the source code;
• adapt, translate, modify or create products or works derived from all or part of the Products;
• and more generally, to perform any act or action not expressly authorized in connection with these Terms and Conditions, applicable Special Conditions, and the Supplier's Distinct Terms, including the Supplier's License or which may infringe the intellectual property rights of the Supplier or third parties.
The Customer also prohibits the removal of references to intellectual property rights and/or any other property rights on Software Products.
8.7. Intellectual property on the results of the Services. The results of the Services are likely to be protected by French and international intellectual property rights laws (copyright, neighbouring rights, design rights, trademark law, patent law, sui generis rights of database producers, etc.).
8.8. The conditions under which intellectual property rights on the results of the Services are transferred or granted to the Customer are defined in the applicable Special Conditions.
9. AUDIT ON PRODUCTS AND/OR SERVICES
9.1. Right to audit. The Customer expressly acknowledges that the Company and/or the Supplier are entitled to conduct an audit of its use of Products and/or Services, if applicable, in accordance with the Supplier's and/or Provider's Distinct Terms.
9.2. Cooperation, access and assistance in the event of an audit. As part of an audit, the Customer undertakes to cooperate with the Company and/or the Supplier and/or the Provider in order to provide reasonable access and assistance to the information necessary to determine its use of products and/or services.
10. GUARANTEE
10.1. Guarantee in the relationship between the Company and the Client acting in a professional capacity. In the relationship between the Company and the Customer acting in a professional capacity and to the extent that the Products and/or Services ordered by the Customer from the Company are Products manufactured and/or edited by the Supplier and/or Services carried out by the Supplier, of which the Company is the reseller, the only guarantee granted is the Supplier's guarantee as stipulated in the Supplier's Distinct Terms, subject to the required legal provisions.
To the extent that the Services ordered by the Client from the Company are Services performed by the Provider, the only guarantee granted on those Services is the Guarantee of the Provider as stipulated in the Distinctive Conditions of the Provider, subject to the mandatory legal provisions.
As a result and subject to the mandatory legal provisions:
• The Customer expressly acknowledges and accepts that these Products and/or Services are provided "as they are";
• The Company does not provide the Customer with any guarantee of any kind on those Products and/or Services;
• The Company does not guarantee that products and/or Services will be suitable for the specific use or objectives of the Customer and/or that they will operate without interruption or error and/or that it will intervene on any interruptions or correct any errors, unless otherwise stipulated in the Special Conditions;
• Nor does the Company guarantee that the Services will be provided professionally and in accordance with the practices and rules of the art, unless otherwise stipulated in the Special Conditions.
To the extent that the Services ordered by the Client from the Company are Services performed by the Company, the only guarantees granted by the Company are those stipulated in the applicable Special Conditions, subject to the mandatory legal provisions.
10.2. Guarantee in the relationship between the Company and the non-professional client. In the relationship between the Company and the Client not acting in a professional capacity, the Client benefits from the legal guarantee of compliance as well as the guarantee of defects hidden under the conditions provided for in Articles L.217-4 and following of the Consumer Code and Articles 1602 and following of the Civil Code, reproduced in Appendix of these General Conditions.
11. RESPONSIBILITY
11.1. Exclusion and limitation of liability in the relationship between the Company and the Client acting in a professional capacity. In the relationship between the Company and the Client acting in a professional capacity, the Parties expressly agree that the Company cannot be held liable for the indirect damages suffered by the Client, as well as for any loss of profits, revenue, profits, anticipated savings, data or data usage, damage to the brand image or reputation. Any action directed against the Client by a third party constitutes indirect damage for which the Company cannot be held liable.
The Parties also agree that, should the Company be held liable for direct injury suffered by the Customer, the Company's liability cannot exceed the amount of the Product and/or Service(s) that caused the injury, as mentioned in the Order.
11.2. Responsibility in the relationship between the Company and the client not acting in a professional capacity. In the relationship between the Company and the client not acting in a professional capacity, the Liability of the Company may be incurred under the conditions provided by the applicable mandatory legal provisions.
11.3. Major force. In all cases, the Parties expressly acknowledge that they will not be held responsible for any breach or breach of their obligations under these Terms and Conditions, which apply to them, due to a case of force majeure, as defined by the case law, including, but not exclusively: acts of war, natural disasters, weather disturbances, strike, acts of public authority, collapse of facilities, interruption or suspension of transmission networks and in particular internet access, power failure, etc., excluding however the payment obligations of the Customer.
11.4. The Parties expressly acknowledge that this article reflects the distribution of risk and does not contradict the scope of the Company's essential obligation. Accordingly, the Parties expressly accept that the resulting exclusions and limitations of liability.
12. CONFIDENTIALITY
12.1. Confidential information. "Confidential Information" refers to:
• Information identified as such by the posting of a "confidential" or other equivalent reference;
• information that is confidential in light of its nature and in particular information relating to order vouchers, prices, methods, know-how, procedures, products, services, materials, software, documents, and tools implemented or used in the execution of a Order Voucher.
12.2. Confidentiality. Parties are committed to suring that Confidential Information:
• be kept strictly confidential;
• be kept and protected under the same conditions as its own confidential information;
• are not used or copied, directly or indirectly, in whole or in part, for other purposes, for any other purpose or in any setting other than the execution of The Vouchers;
• are not disclosed or likely to be disclosed, directly or indirectly, in whole or indirectly, to any third party, other than its employees and potential subcontractors who have to know and use them for the purposes, purposes and in the execution of the Order Bonds, provided that they have been aware of their confidentiality and that they are bound by the same confidentiality obligations. , if necessary, by having them sign a confidentiality agreement in the same terms as those provided for in this article.
Exclusions. This obligation of confidentiality does not extend to the information:
• who are or would fall into the public domain in the absence of any fault attributable to the Recipient Party;
• who are in possession of the Recipient Party prior to their disclosure without having been obtained directly or indirectly from the other Party and without any obligation of confidentiality being breached or any other misconduct committed by the Recipient Party or by a third party;
• that are formalized or independently developed by the Recipient Party;
• disclosure is required under a statutory, regulatory or court decision.
12.4. Duration. This obligation of confidentiality takes effect on the effective date of these Terms and Conditions, will continue for the duration of the Order Order, and will remain for a period of three (3) years following the normal expiry or early termination of the Order Order.
13. PERSONAL GIVING
13.1. Customer personal data. "Personal data" includes all data that allows the customer to be identified, including information relating to the customer's identity and contact information, information relating to his credit card or bank account numbers, transactions or follow-ups of transactions made possibly through the Company's website, as well as any other information disclosed or obtained in connection with the execution of the Order.
13.2. Processing personal data. The Company will be required to process Personal Data for the purpose of executing the Customer's Order and keeping its client file.
13.3. Disclosure of personal data. The Customer expressly accepts that Personal Data may be communicated to the Supplier and/or the Provider for the purpose of executing the Supplier and/or Provider's Distinct Terms, which bind the Customer.
13.4. Transfer of personal data. The Customer expressly accepts that Personal Data is subject to transfer outside the European Union.
13.5. Personal data is processed by the Company in accordance with Law 78-17 of 6 January 1978 relating to computer science, files and freedoms and EU data protection law.
Under Law 78-17 of January 6, 1978, relating to computers, files and freedoms, you have the right to object, access, correct and delete your personal data. You can exercise your rights:
- by emailing ndar@ndar.com; - by sending a mail to:
Nick Danese Applied Research
NDAR
150 Goa Street
06600 Antibes
France
14. THE DURATION OF GENERAL AND SPECIAL CONDITIONS
14.1. Effective. These Terms and Conditions and applicable Special Conditions come into effect on the date of the corresponding Order, unless otherwise stipulated in the Special Conditions or The Order.
14.2. Duration. These Terms and Conditions and applicable Special Conditions are concluded for the duration of the corresponding Order Order, unless otherwise stipulated in the Special Conditions or The Order Voucher.
15. CHANGE IN GENERAL AND INDIVIDUAL CONDITIONS
15.1. Right to change. The Company reserves the right to amend these Terms and Conditions and any Special Conditions applicable at any time and at its sole discretion.
15.2. Opposability of changes. Any changes to these Terms and Conditions will be communicated and enforceable to the Customer as soon as it is communicated by any means.
16. RESILIATION OF GENERAL AND SPECIAL CONDITIONS AND THE CORRESPONDING PURCHASE ORDER
16.1. Termination for convenience. The terms of termination for convenience are defined in the applicable Special Conditions.
16.2. Termination for breach (including non-payment of the Prize by the Customer). In the event of a Party's failure to comply with one of its contractual obligations and following a notice to have to resolve this breach within thirty (30) calendar days, the non-failing Party may terminate in advance, as of right, without recourse to the courts, and by merely registered mail with acknowledgement, these Terms and Conditions
General, possible applicable Special Conditions and the corresponding Order Voucher.
16.3. Termination for breach of a basic duty. In the event of a Party's breach of one of its essential contractual obligations, the Non-Failing Party may terminate in advance, without notice, by right, without recourse to the courts, and by simple registered mail with acknowledgement, these General Conditions, the applicable Special Conditions and the corresponding Order Voucher.
16.4. Termination for repeated or multiple breaches of a non-essential obligation. In the event of repeated or multiple breaches of non-essential contractual obligations by one of the Parties and, even if the breach of the breach is resolved, the non-failing Party may terminate in advance, without notice, by right, without recourse to the courts, and by simple registered mail with acknowledgement, these General Conditions, applicable Special Conditions and the corresponding Order Voucher.
16.5. Termination for redress or judicial liquidation. In the event that one of the Parties is subject to a redress or judicial liquidation procedure, the other Party may terminate these General Conditions, the applicable Special Conditions and the corresponding Order Order, without notice, as of right, without recourse to the courts, by letter recommended with acknowledgement.
16.6. Termination for force majeure. In the event that one of the Parties is unable to carry out any of its obligations due to the occurrence of a force majeure event as defined by French law and courts, that Party will immediately implement the necessary measures to minimize the resulting adverse effects on the other Party and will immediately notify the other Party to reach an agreement to remedy it. In the event that the Parties fail to reach an agreement to remedy it within a reasonable period of time, the Party to which the force majeure case will be opposed may terminate these General Conditions, the applicable Special Conditions and the corresponding Order Order, in whole or in part, without notice, by right, without recourse to the courts, by letter recommended with acknowledgement, and without compensation.
16.7. The date of termination. The termination will take effect from the date the termination letter is received.
16.8. Consequences of the Termination by the Company for Customer Failure. In the event of termination by the Company for customer failure, whatever it may be:
• The Customer will have to stop using the Product and/or Service (s) ordered immediately on the effective date of termination;
• The Customer will have to pay all the sums owed as well as any outstanding amounts relating to the Ordered Product and/or Services(s), plus applicable taxes and fees, which will become payable, within 30 calendar days of the effective date of termination;
• the Company reserves the right to seek the termination of that violation and compensation for the resulting harm, without prejudice to the above.
17. VARIOUS PROVISIONS
17.1. Independence of the Parties. These Terms and Conditions are concluded between independent parties. None of their stipulations can be construed as giving any of the Parties the power or mandate to act on behalf of the other Party or as constituting any association or society between the Parties or as establishing solidarity between them, or as establishing an employment contract between them within the meaning of the Labour Code.
17.2. Nullity or partial inoperability. The fact that any of the stipulations of these Terms and Conditions and applicable Special Conditions are considered null or void will not result in the nullity of the other stipulations that will retain their full enforceable force.
17.3. Non-renouncement. The fact that one of the Parties does not claim the application of any of the stipulations of these Terms and Conditions and possible Special Conditions applicable or which acquiesces to its non-performance, cannot be regarded as a waiver by that Party of the rights which result from the stipulation.
17.4. Disposal, outsourcing. The Customer is not authorized to surrender or transfer, free of charge or in any capacity, these Terms and Conditions, applicable Special Conditions and the corresponding Order, or any or all of its rights or obligations under them, unless prior and written agreement of the Company.
For its part, the Company reserves the right to transfer or transfer, free of charge or expensive and in any capacity, these Terms and Conditions, any applicable Special Conditions and the corresponding Order Order, or any or all of its rights or obligations under them.
The Company also reserves the right to sub-treat all or part of the Objects Services of these Terms and Conditions, the applicable Special Conditions and the corresponding Order Order, to a third party of its choice.
18. APPLICABLE LAW - COMPETENT JURISDICTION - JURISDICTION
18.1. Applicable law. These Terms and Conditions are governed by French law.
18.2. Claims processing. Any customer complaint can be made: - by emailing ndar@ndar.com
- by sending a mail to:
Nick Danese Applied Research
NDAR
150 Goa Street
06600 Antibes
France
18.3. Mediation of consumer disputes. Any consumer dispute between the Company and a customer who does not act in a professional capacity may be entrusted to:
Mr Christian Delesalle, Federation of Trade and Distribution
FCD
12 rue Euler 75008 Paris cdelesalle@fcd.fr https://mediateur.fcd.fr/
18.4. Jurisdiction competent in the relationship between the Company and the non-professional client. IN THE RELATIONSHIP BETWEEN THE COMPANY AND THE CLIENT NOT ACTING IN A PROFESSIONAL CAPACITY, ANY DIFFERENCEEND RELATING TO THE VALIDITY, INTERPRETATION, EXECUTION OR RESILIATION OF THE PRESENT GENERAL CONDITIONS, THE APPLICABLE SPECIAL CONDITIONS AND THE PURCHASE ORDER, WILL BE SUBJECT TO THE EXCLUSIVE COMPETENCE OF THE COMPETENT COURT UNDER THE PROVISIONS OF THE CODE OF CIVIL PROCEDURE AND, IN THE CASE OF THE FAILURE, OF THE CODE OF INTELLECTUAL PROPERTY.
18.5. Jurisdiction in the relationship between the Company and the Client acting in a professional capacity. IN THE RELATIONSHIP BETWEEN THE COMPANY AND THE CLIENT ACTING IN A PROFESSIONAL CAPACITY, ANY DIFFERENCE RELATING TO THE VALIDITY, INTERPRETATION, EXECUTION OR RESILIATION OF THE PRESENT GENERAL CONDITIONS, THE APPLICABLE SPECIAL CONDITIONS AND THE PURCHASE ORDER, WILL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF CAGNES-SUR-MER, NOTWITHSTANDING PLURALITE OF DEFENDERS OR CALL FOR GUARANTEE, INCLUDING FOR EMERGENCY PROCEDURES OR CONSERVATORY PROCEDURES, IN REFER. FOR CASES WHERE THE DISPUTE IS WITHIN THE EXCLUSIVE JURISDICTION OF THE HIGH COURT UNDER THE PROVISIONS OF THE INTELLECTUAL PROPERTY CODE, THE DIFFEREND WILL BE SUBJECT TO THE JURISDICTION OF THE HIGH COURT OF GRASSE.
APPENDIX TO GENERAL CONDITIONS
SALES OF IT PRODUCTS AND SERVICES
3. Right of withdrawal:
Withdrawal form:
I hereafter notify you of my retraction of the contract for the sale of the Product and/or Service whose references are:
Order number:
Order date:
Customer name:
Customer address:
Product and/or Service (delete unnecessary):
Ordered and/or received it (delete the unnecessary mention):
date:
place:
Customer signature:
Article L221-18 of the Consumer Code:
The consumer has 14 days to exercise his right to withdraw from a contract concluded remotely, following a telephone or off-the-station canvassing, without having to justify his decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25.
The deadline mentioned in the first paragraph runs from the day:
(1) The conclusion of the contract, for service delivery contracts and those mentioned in Article L. 221-4;
(2) The receipt of the property by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For out-of-establishment contracts, the consumer may exercise his right of withdrawal as of the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a property consisting of lots or multiple parts whose delivery is spread over a defined period, the time limit from the receipt of the last property or lot or the last piece.
For contracts providing for the regular delivery of goods for a defined period of time, the period is short from the time the first property is received.
Article L221-19 of the Consumer Code:
In accordance with Council Regulation 1182/71/ EEC of 3 June 1971 determining the rules for deadlines, dates and terms:
(1) The day the contract is concluded or the day the property is received is not counted within the time frame mentioned in Article L. 221-18;
(2) The delay begins at the beginning of the first hour of the first day and ends at the end of the last hour of the last day of the deadline;
(3) If this period expires on a Saturday, Sunday or a public holiday or a public holiday, it is extended until the next business day.
Article L221-20 of the Consumer Code:
Where the information relating to the right of withdrawal has not been provided to the consumer under the conditions provided in Article L. 221-5, the withdrawal period is extended by twelve months from the expiry of the original withdrawal period, determined in accordance with Article L. 221-18.
However, when the provision of this information occurs during this extension, the withdrawal period expires at the end of a period of fourteen days from the day the consumer received this information.
Article L221-21 of the Consumer Code:
The consumer exercises his right of withdrawal by informing the professional of his decision to retract by sending, before the expiry of the period provided for in Article L. 221-18, the retraction form mentioned in 2nd article L. 221-5 or any other statement, unambiguous, expressing his willingness to retract.
The professional can also allow the consumer to fill out and transmit online, on his website, the form or declaration provided for in the first paragraph. In this case, the professional communicates, without delay, to the consumer an acknowledgement of the retraction on a sustainable medium.
Article L221-22 of the Consumer Code:
The burden of proof of the exercise of the right of retraction under the conditions of Article L. 221-21 weighs on the consumer.
Article L221-23 of the Consumer Code:
The consumer returns or returns the goods to the professional or a person designated by the professional, without excessive delay and, at the latest, within fourteen days of the disclosure of his decision to recant in accordance with Article L. 221-21, unless the professional proposes to recover these goods himself.
The consumer only bears the direct costs of returning the goods, unless the professional agrees to pay for them or if he has failed to inform the consumer that these costs are his responsibility. However, for out-of-establishment contracts, when goods are delivered to the consumer's home at the time of the contract, the professional recovers the goods at his own expense if they cannot be returned normally by mail because of their nature.
The consumer can only be held liable in the event of impairment of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these goods, provided that the professional has informed the consumer of his right of withdrawal, in accordance with 2 in Article L. 221-5.
Article L221-24 of the Consumer Code:
When the right of withdrawal is exercised, the professional reimburses the consumer of all the sums paid, including delivery costs, without undue delay and no later than fourteen days from the date on which he is informed of the consumer's decision to withdraw.
For contracts for the sale of goods, unless the professional proposes to recover the goods himself, the professional may defer repayment until the property is recovered or until the consumer has provided proof of the shipment of those goods, the date chosen being that of the first of these facts.
The professional makes this refund using the same means of payment as the consumer used for the initial transaction, unless the consumer expressly agrees to use another means of payment.
and to the extent that the refund does not result in a charge to the consumer. The professional is not required to reimburse the additional costs if the consumer has expressly chosen a more expensive delivery method than the standard delivery method proposed by the professional.
Article L221-25 of the Consumer Code:
If the consumer wishes that the performance of a service or contract mentioned in the first paragraph of Article L. 221-4 should begin before the end of the withdrawal period referred to in Article L. 221-18, the professional collects his express request by any means for contracts concluded remotely and on paper or on durable support for contracts concluded outside the establishment.
A consumer who has exercised his right to withdraw a service contract or contract mentioned in the first paragraph of Article L. 221-4, whose execution began, at his express request, before the end of the withdrawal period pays the professional an amount corresponding to the service provided until the disclosure of his decision to recant; this amount is proportional to the total price of the benefit agreed in the contract. If the total price is excessive, the appropriate amount is calculated on the basis of the market value of what has been provided.
No amount is owed by the consumer who exercised his right of withdrawal if his express request was not collected under the first paragraph or if the professional did not comply with the disclosure obligation set out in Article L. 221-5.
Article L221-26 of the Consumer Code:
Consumers who have exercised their right to withdraw a contract to provide digital content not provided on a physical medium are not liable for any sum if:
(1) The professional did not obtain his prior express approval for the execution of the contract before the end of the withdrawal period as well as proof of his renunciation of his right of withdrawal;
(2) The contract does not include the references in the third paragraph of Article L. 221-9 and the second paragraph of Article L.221-13.
Article L221-27 of the Consumer Code:
The exercise of the right of withdrawal terminates the obligation of the parties to either perform the contract remotely or the non-establishment contract, or to enter into it when the consumer has made an offer.
The exercise of the right to withdraw from a principal contract remotely or out of the institution automatically terminates any ancillary contract, at no cost to the consumer other than those provided for in articles L. 221-23 to L. 221-25.
Article L221-28 of the Consumer Code:
The right of withdrawal cannot be exercised for contracts:
(1) Providing services fully executed before the end of the withdrawal period and whose execution began after the consumer's express prior agreement and express renunciation of his right of withdrawal;
(2) The provision of goods or services whose price depends on fluctuations in the financial market that are beyond the control of the professional and which may occur during the withdrawal period;
(3) Supplying goods made to consumer specifications or clearly customized;
(4) Supplying goods that can deteriorate or perish rapidly;
(5) Supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
(6) The supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
(7) The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the professional's control;
(8) Maintenance or repair work to be carried out in an emergency at the consumer's home and expressly requested by him, within the limits of spare parts and work strictly necessary to respond to the emergency;
(9) Providing audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
(10) Providing a newspaper, periodical or magazine, except for subscription contracts to these publications; (11) Concluded in a public auction;
(12) Accommodation services, other than residential accommodation, goods transportation services, car rentals, catering or leisure activities that must be provided at a specified date or time;
(13) Provision of digital content not provided on a material medium whose execution began after express prior agreement of the consumer and express renunciation of its right of withdrawal.
2. Delivery
Article L216-1
The professional delivers the good or provides the service on the date or time specified to the consumer, in accordance with 3rd article L. 111-1, unless the parties have agreed otherwise.
In the absence of an indication or agreement as to the date of delivery or execution, the professional delivers the property or performs the service without undue delay and no later than thirty days after the conclusion of the contract. Delivery refers to the transfer to the consumer of physical possession or control of the property.
Article L216-2
If the professional fails to deliver the property or provide the service on the date or expiry of the period provided in the first paragraph of Article L. 216-1 or, failing that, no later than thirty days after the conclusion of the contract, the consumer can resolve the contract, by letter recommended with request for notice of receipt or by writing on another durable medium. , if, after ordering the professional to deliver or provide the service within a reasonable additional period of time, the professional has not completed the service within that time. The contract is considered resolved upon receipt by the professional of the letter or the written word informing him of this resolution, unless the professional has performed in the meantime.
The consumer can immediately resolve the contract when the professional refuses to deliver the good or provide the service or when he does not perform his obligation to deliver the good or provide the service on the date or expiry of the period provided in the first paragraph of Article L. 216-1 and that date or period constitutes for the consumer an essential condition of the contract. This essential condition arises from the circumstances surrounding the conclusion of the contract or an express request from the consumer prior to the conclusion of the contract.
Article L216-3
When the contract is resolved under the terms of Article L. 216-2, the professional reimburses the consumer of all the sums paid, no later than fourteen days after the date on which the contract was terminated.
Article L216-4 .
Any risk of loss or damage to the property is transferred to the consumer at the time the consumer or a third party designated by him, and other than the carrier proposed by the professional, physically takes possession of those goods.
Article L216-5
When the consumer entrusts the delivery of the property to a carrier other than that proposed by the professional, the risk of loss or damage to the property is transferred to the consumer when the property is handed over to the carrier.
Article L216-6
The provisions of this chapter are public policy.
3. Compliance guarantee:
Article L217-4 of the Consumer Code
The seller delivers a property in accordance with the contract and responds to any compliance defects that exist at the time of issuance. It also responds to non-compliance resulting from the packaging, assembly instructions or installation when it has been placed in its care by the contract or has been carried out under its responsibility.
Article L217-5 of the Consumer Code The property complies with the contract:
(1) If it is suitable for the usually expected use of a similar property and, if so:
- whether it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
(2) Or if it has the characteristics defined by the parties or is specific to any special use sought by the buyer, brought to the seller's knowledge and which the seller has accepted.
Article L217-7 of the Consumer Code
The defects of compliance that appear within twenty-four months of the issuance of the property are presumed to exist at the time of issuance, unless there is evidence to the contrary. For goods sold on occasion, this period is set at six months. The seller can fight this presumption if it is not consistent with the nature of the property or the non-compliance invoked.
Article L217-8 of the Consumer Code
The buyer has the right to demand compliance with the property. However, he cannot challenge compliance on the basis of a defect he knew or could not ignore when he contracted. The same is true when the defect has its origin in the materials it has supplied itself.
Article L217-9 of the Consumer Code
In the event of a non-compliance, the buyer chooses between repairing and replacing the property.
However, the seller may not proceed according to the buyer's choice if the choice results in a clearly disproportionate cost under the other modality, given the value of the property or the size of the defect. It is then obliged to proceed, unless impossible, according to the method not chosen by the buyer.
Article L217-10 of the Consumer Code
If repair and replacement of the property is not possible, the buyer can return the property and have the price returned or keep the property and have part of the price returned.
The same faculty is open to him:
(1) If the solution requested, proposed or agreed under Article L. 217-9 cannot be implemented within one month of the buyer's claim;
(2) Or if this solution cannot be without major inconvenience to the latter given the nature of the property and the use it seeks.
However, the resolution of the sale cannot be pronounced if the non-compliance is minor.
Article L217-11 of the Consumer Code
The provisions of Sections L. 217-9 and L. 217-10 are applied at no cost to the purchaser. These same provisions do not impede the allocation of damages.
Article L217-12 of the Consumer Code
The action resulting from the non-compliance is prescribed by two years from the issuance of the property.
Article L217-13 of the Consumer Code
The provisions of this section do not deprive the purchaser of the right to exercise the action resulting from the defects as a result of articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature recognized by law.
4. Guarantee of hidden defects:
Article 1641 of the Civil Code
The seller is bound by the guarantee because of the hidden defects of the thing sold which make it unsuitable for the purpose for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them.
Article 1642 of the Civil Code
The seller is not bound by apparent defects and which the buyer was able to convince himself.
Article 1643 of the Civil Code
He is bound by hidden defects, even if he would not have known them, unless, in this case, he stipulated that he would not be obliged to any guarantee.
Article 1644 of the Civil Code
In the case of items 1641 and 1643, the buyer has the choice of returning the thing and getting the price returned, or keeping the thing and getting a part of the price returned.
Article 1645 of the Civil Code
If the seller knew the defects of the matter, he is bound, in addition to the return of the price he received, of all damages to the buyer.
Article 1646 of the Civil Code
If the seller did not know the defects of the matter, he will only be required to return the price, and to reimburse the purchaser the costs incurred by the sale.
Article 1648 paragraph 1 of the Civil Code
The action resulting from the defects must be brought by the purchaser within two years of the discovery of the defect.
GENERAL CONDITIONS OF SALE TRAINING
19. Designation
Sarl Nick Danese Applied Research is a professional training organization specializing in the field of computer science. Its head office is located at 150 Rue de Goa - 06600 Antibes. Sarl NDAR designs, develops and delivers business-to-business and intra-company training throughout the country.
In the following paragraphs, it is agreed to refer to:
- Customer: any individual or corporation that registers or orders training from Sarl Nick Danese Applied Research.
- Intern: the natural person who participates in training.
- Business-to-business training: courses listed in Sarl Nick Danese Applied Research's catalogue and which bring together trainees from different structures.
- Intra-company training: training tailored by Sarl Nick Danese Applied Research on behalf of a client or group of clients.
- CGV: the terms and conditions of sale, detailed below.
- OPCA: the joint joint collecting bodies responsible for collecting and managing the training effort of companies.
20. Object
These terms and conditions of sale apply to all training services undertaken by Sarl Nick Danese Applied Research on behalf of a Client. Registering or ordering implies the Customer's full and unqualified adherence to these terms and conditions of sale. These terms and conditions of sale prevail over any other customer document, and in particular all the customer's general terms of purchase.
21. Financial terms, settlements and payment terms
All prices are shown in euros and duty free. They must be increased from VAT at the current rate.
The payment of the price of the training is to be completed in full 3 weeks before the start of the training, receiving the invoice, in cash, without discount to the order of Sarl Nick Danese Applied Research. In the event of a long journey, intermediate invoices may be incurred.
Any unpaid amount at maturity entails, as a matter of right and without prior notice, the application of penalties equal to one and a half times the legal interest rate. Sarl Nick Danese Applied Research will be able to obtain the settlement litigation at the Client's expense without prejudice to other damages that may be incurred by Sarl Nick Danese Applied Research.
In the event of a settlement by the OPCA on which the Customer depends, it is up to the Customer to make his request for support before the start of the training. The financing agreement must be communicated at the time of registration and on the copy of the quote that the Client returns duly informed, dated, stamped, signed and embedded in the words "Good for Agreement" to Sarl Nick Danese Applied Research. In the case of partial support by the OPCA, the difference will be charged directly by Sarl Nick Danese Applied Research to the Client. If the Client Support Agreement does not reach Sarl Nick Danese Applied Research no later than 7 days before the start of the training, Sarl Nick Danese Applied Research reserves the option of refusing the Intern's entry into training or charging the full training fee to the Client.
In exceptional situations, a staggered payment can be made. In any event, its terms and conditions must have been formalised before the training begins.
22. Disditing and replacing a participant
In the event of a decree served by the Client to Sarl Nick Danese Applied Research at least 7 days before the start of the training, Sarl Nick Danese Applied Research offers the Client the possibility:
o to postpone the intern's registration for further training, duly programmed in the Sarl Nick Danese Applied Research catalogue, and after possible agreement from OPCA,
o replace the foreclosed intern with another participant with the same profile and training needs, subject to the eventual agreement of the OPCA. The latter possibility cannot apply to intermittent performers.
23. Cancellation, absence or interruption of training
Any module started is due in its entirety and will be billed to the Customer by Sarl Nick Danese Applied Research. In the event of absence, interruption or cancellation, Sarl Nick Danese Applied Research's billing will distinguish the price corresponding to the days actually followed by the Intern and the amounts due for absences or interruption of training. It is recalled that the sums liabilited by the Client in this regard cannot be attributed by the Client on his obligation to participate in continuing vocational training or be the subject of an application for support by an OPCA.
24. In this case, the Client undertakes to settle any money that would remain in his care directly to Sarl Nick Danese Applied Research.
25. On the other hand, in the event of cancellation of the training by the Client, Sarl Nick Danese Applied Research reserves the right to charge the Customer a cancellation fee calculated as follows:
26. - if the cancellation occurs more than 15 working days before the start of the training:
no cancellation fees
27. - if the cancellation takes place between 15 days and 7 working days before the start of the training: the cancellation fee is equal to 50% of the H.T. price of the training
28. - if the cancellation occurs less than 7 working days before the start of the training: the cancellation fee is 100% equal to the H.T. price of the training.
29. Hours and reception
Unless otherwise stated on the training presentation sheet and the convening, the daily duration of the training is set at seven hours. Unless otherwise stated on the summons, the training takes place from 09:00 to 12:30 and from 13:30 to 17:00 with a break in the middle of each half day.
30. Staff and adjournment
To promote the best learning conditions, the number of training is limited. This staff is determined, for each training, according to the objectives and teaching methods. The issuance of a quote does not take place as a registration. Only quotes duly informed, dated, stamped, signed and covered with the word "Good for Agreement" returned to Sarl Nick Danese Applied Research have contractual value. Once the staff is reached, registrations are closed. Sarl Nick Danese Applied Research can then suggest that the intern participate in a new session or be on a waiting list.
In the event that the number of participants is insufficient to ensure the smooth running of a training course, Sarl Nick Danese Applied Research reserves the option of adjourning the training no later than one week before the scheduled date and without compensation.
31. Quote and certification
For each training action, a quote is sent in three copies by Sarl Nick Danese Applied Research to the Client. Two duly informed, dated, stamped, signed and "Good for Agreement" copies must be returned to Sarl Nick Danese Applied Research by mail or email. If necessary, a special agreement may be established between Sarl Nick Danese Applied Research, OPCA or the Client.
At the end of the course, Sarl Nick Danese Applied Research presents a certificate of training to the Trainee. In the case of partial or total support by an OPCA, Sarl Nick Danese Applied Research sent him a copy of this certificate with the invoice.
A certificate of attendance for each trainee will be provided to the Client.
32. Bonds and force majeure
As part of its training services, Sarl Nick Danese Applied Research is bound by an obligation of means and not of result vis-à-vis its Clients or Interns. Sarl Nick Danese Applied Research will not be held liable to its Clients or Interns in the event of non-performance of its obligations resulting from a fortuitous or force majeure event. Here are considered fortuitous or force majeure cases, in addition to those usually recognized by case law: illness or accident of a worker or educational officer, strikes or social conflicts outside Sarl Nick Danese Applied Research, natural disasters, fires, disruption of telecommunications, energy supply, or transportation of any kind, or any other circumstance beyond the reasonable control of Sarl Nick Danese Applied Research.
33. Intellectual property and copyright
All the presentation sheets, content and educational materials in any form (paper, electronic, digital, oral...) used by Sarl Nick Danese Applied Research to provide training or given to trainees constitute original works and as such are protected by intellectual property and copyright.
As such, the Client and the Intern prohibit themselves from using, transmitting, reproducing, exploiting or transforming all or part of these documents, without an express agreement from Sarl Nick Danese Applied Research. This prohibition relates, in particular, to any use made by the Client and the Trainee for the organisation or animation of training.
34. Description and training programme
The content of the programmes, as they appear on the training presentation sheets, is provided as an indication. The speaker or the pedagogical leader reserves the right to modify them according to the news, the level of the participants or the dynamics of the group.
35. Confidentiality and communication
Sarl Nick Danese Applied Research, the Client and the Intern undertake to keep confidential the documents and information they may have access to during the training delivery or during the pre-registration exchanges, including all of the elements contained in the proposal submitted by Sarl Nick Danese Applied Research to the Client.
Sarl Nick Danese Applied Research undertakes not to communicate to third parties other than the partners with whom the trainings and OPCAs are organized, the information transmitted by the Client including information about the Trainees.
36. Protection and access to personal information
The Client is committed to informing each Intern that:
o personal data is collected and processed to track training validation and improve Sarl Nick Danese Applied Research's offering.
o In accordance with Law 78-17 of January 6, 1978, the Intern has the right to access, modify and correct personal data about him. The intern will be able to practice this right by writing to: Sarl Nick Danese Applied Research, 150 Rue de Goa, 06600 Antibes, or electronically at: ndar@ndar.com
In particular, Sarl Nick Danese Applied Research will retain data related to the trainee's background and assessment of achievements for a period not exceeding the time required to assess the training.
Finally, Sarl Nick Danese Applied Research undertakes to erase at the end of the exercises any image that would have been taken there by any means of video during practical work or simulations.
37. Applicable law and competent jurisdiction
The terms and conditions detailed in this document are governed by French law. In the event of a dispute between the Client and Sarl Nick Danese Applied Research in connection with the interpretation of these or the execution of the contract, an out-of-court settlement will be sought. Failing that, the Toulon Court will have sole jurisdiction to settle the dispute.