FR
Training Organization: Drive Paris.
RCS Paris 811 149 582. (TRAINING ORGANIZATION LISTED ON DATADOCK).
Siret: 81114958200025
Intracommunity VAT Number: FR58811149582
76 Boulevard Brune, 75014 Paris
The present general sales conditions or GSC apply exclusively to the sales of training services under continuing professional development. The version of the general sales conditions binding to the Client is the one appearing on the site at the moment of the Client's order validation.
1. OBJECT AND CONTRACTUAL SCOPE
1.1. These general sales conditions (GSC) aim to set the conditions under which the Training Organization "Drive Paris" commits to selling a training service as part of continuing professional development.
1.2. The Client acknowledges that accepting these GSC results in the exclusion of their own general sales conditions (GSC), their own general terms of use (GTU), and their own general purchasing conditions (GPC). The client acknowledges and accepts them without reservation.
The Training Organization may modify these GSC at any time. The applicable GSC are those available online on the site at the time of the order.
1.3. For some trainings, specific conditions stated in an Individual Training Protocol written by the Training Organization may specify or complement these GSC. In case of a contradiction between the specific sales conditions and these GSC, the provisions of the specific sales conditions prevail.
1.4. In the event any of the provisions of these GSC is declared void or not written, the other provisions remain fully effective and will be interpreted to respect the original intention of the parties.
2. DEFINITIONS
Inter-company training: training whose content is described in an online catalog or on the site, conducted remotely, in premises rented by the Training Organization or those of our partners;
Intra-company training: customized training conducted for a client on the client's site, remotely, or in other premises;
Online training (or distance learning): training conducted at home on a computer connected to the internet platform of the training organization;
Client: the legal or physical person purchasing the service;
Trainee (or student): the physical person benefiting from the training.
3. COMMERCIAL DOCUMENTS AND SCOPE OF THE OFFER
The service offerings sold online by Drive Paris (hereinafter the "Service Offerings") are those presented on the Drive Paris Internet site on the day of the confirmation of their order. The essential characteristics and prices of the Products and Service Offerings are indicated on the sheets put online by Drive Paris and accessible from the Internet site. The photographs possibly reproduced on these sheets and this Internet site are not contractual. The Client acknowledges having been informed of the essential characteristics and the prices of the Products and Service Offerings in effect on the day of the confirmation of their order.
3.1. Access to the site is provided on a permanent basis, except for maintenance and site upkeep periods, server update operations, and possible exceptional interruptions.
3.2. Brochures and other commercial documents published or issued by the Training Organization present the training offer, it being specified that the offers and prices are valid as long as they are visible on the site. If applicable, the client is informed of the unavailability of a training, as soon as possible, by mail or email.
3.3. The photographs, visuals, and descriptions presented in these commercial documents published on the site are not contractual. The responsibility of the Training Organization cannot be engaged if errors were introduced.
3.4. In all cases, the Training Organization reserves the right to cancel a training when the minimum number of registrants or participants is not reached. The amount received will be refunded, but no compensation will be due.
4. REGISTRATION PROCESS
4.1. For corporate clients: registration is only validated upon receipt of payment for the amount of the training, the amount indicated on the training agreement, signed and stamped by the company.
4.2. For individuals: registration is only validated upon receipt of the training contract signed by the Training Organization.
The information recorded by the computer systems of Drive Paris constitutes proof of all the operations from the order to the payment made with the Client.
5. ORDER
5.1. The order process includes the following steps:
Selection of the Training;
Consultation of the general sales conditions and acceptance of all the general sales conditions without reservation;
Offer of a training proposal by the Training Organization;
Acceptance or refusal by the Client of the training offer;
Validation of the order by the Training Organization;
The Client receives an electronic acknowledgment of receipt of their order;
The Client receives their login details giving them access to their platform;
The Client becomes acquainted with the platform during a personal meeting with a coach trainer;
The Client accesses the courses from their personal space on the partners' site.
The Training Organization reserves the right to modify its internal functioning at any time. Indeed, before placing the order, the utmost care is taken in posting information relating in particular to the essential characteristics of the Trainings for sale and the payment terms. However, minor variations in the representation of the Trainings that do not pertain to the essential characteristics of these may be present. These variations cannot in any case engage the contractual responsibility of Drive Paris.
The Client declares having received all the information and useful advice allowing them to make, under their sole responsibility, all the decisions related to the choice of the Training(s). The Client has verified that the Training(s) are suitable for their needs and that they have a computer, a smartphone, or a tablet, and the software allowing them to read or listen to the files associated with the trainings.
Drive Paris does not guarantee the suitability of the trainings for the Client's needs, who is solely responsible for the choices made at the time of their order as well as for the assimilation by the Client of the courses which depend in particular on the diligence and seriousness of the Client in properly understanding and applying the data. The exercises have a pedagogical purpose of research and personal improvement that in no way engage reciprocity on the part of Drive Paris. Drive Paris cannot be held responsible for the Client's dissatisfaction in case of inadequacy of the training support to the Client's needs.
5.2. The contract information is provided in the French language.
5.3. In accordance with the provisions of the Civil Code relating to the conclusion of the contract in electronic form, the sale is validly concluded only once the client has had the opportunity to verify the details of their order and its total price, to correct any errors, then to confirm it to express their acceptance. The client places an order on the site after having been informed and accepted these GSC.
5.4. The Training Organization acknowledges receipt of the order by email.
5.5. Drive Paris reserves the right not to confirm the order in particular in case of refusal of authorization of payment, incorrect address or any other problem on the Client's account.
In this case, Drive Paris will inform the Client by email. The order only becomes definitive after payment of the full price by the Client.
6. PRICES–BILLING AND PAYMENT TERMS
6.1. The pricing conditions of the trainings are indicated on the site. The prices of our trainings are indicated in euros including all taxes on all our supports.
6.2. The Training Organization reserves the right to modify its prices at any time without notice for clients who have not yet signed their contract. The applicable price is the one indicated on the Individual Training Protocol.
6.3. The price of the trainings is paid by public, mutual, or joint funders of vocational training: OPCO, Caisse des dépôts, Pôle Emploi. The price can also be paid by the beneficiary themselves if they wish, only by transfer.
6.4. If there is a remaining charge for the beneficiary of the training, it is clearly indicated on the Individual Training Protocol.
6.5. Invoices are payable upon receipt or as the case may be according to the terms indicated in the registration form or the Proposal.
In case of late payment, penalties defined according to the delay as well as a flat fee for recovery costs of forty (40) euros will be due by right without prior formal notice. In addition, any subsequent payment, whatever its cause, will be immediately and preferentially allocated to the extinction of the oldest debts.
Furthermore, the Training Organization reserves the right to refuse any new order and to suspend the execution of its own obligations, until the account is cleared, without engaging its responsibility or that the Client can claim to benefit from a credit or a possible refund. The limitation period for the recovery of any sum due to the Training Organization runs from the date of issuance of the concerned invoice.
6.6. Terms of coverage by third-party organizations
In case of total and/or partial coverage of Training by a competence operator (hereinafter "OPCO") or any other third-party organization, it is up to the Client/Trainee (i) to undertake a coverage request before the start of the Training and to ensure the success of this request; (ii) to explicitly indicate it on their paper or online registration form; (iii) to ensure the successful payment by the organization they have designated.
In case of payment subrogation by a third-party organization and/or an OPCO, the Training Organization will proceed to send the invoice to the concerned organizations. In case of partial coverage by the OPCO or any other third-party organization, the balance will be invoiced directly to the Client.
In the case where (i) the OPCO/third-party organization does not confirm the financial coverage of the Training and/or (ii) that the Training Organization has not received the coverage from said organizations on the first day of the Training, the cost of the Training will be borne by the Client, who will be liable for the full price of the Training.
The Training Organization reserves the right for certain Trainings to request a deposit from the Client.
In the case of coverage of the Training by the Interprofessional Training Fund for Liberal Professionals (FIFPL), the Training Organization will send the Client, at the time of registration, a training agreement in duplicate: The first must be sent, by the Client, to the FIFPL and the second returned signed to the Training Organization. The Client must also attach a payment check and confirm their coverage request for the Training by the FIFPL. At the end of the Training, the Training Organization will provide the Client with (i) a paid invoice (ii) an attendance certificate as well (iii) as an attendance and payment certificate from the FIFPL.
7. WITHDRAWAL PERIOD
Once the registration is confirmed and the payment validated and in accordance with Article L221-18 of the Consumer Code, the trainee Client has a period of fourteen (14) days to exercise their right of withdrawal without having to motivate their decision nor to bear other costs than those provided for in Articles L. 221-23 to L. 221-25 of the Consumer Code. This period runs from the day after the date of conclusion of the contract.
The withdrawal period begins to run at the beginning of the first hour of the first day and ends at the expiration of the last hour of the last day of the period. If it expires on a Saturday, a Sunday, or a public or non-working day, this period is extended until the first working day following. To exercise their right of withdrawal, the Client must inform Drive Paris of their decision to withdraw by sending, before the expiration of the withdrawal period at their disposal, a declaration devoid of ambiguity expressing their will to withdraw. For this purpose, the Client can use the detachable form that is made available to them in Annex 1.
Subject to compliance with the above conditions, Drive Paris commits to refunding the Client the price of their order.
At the expiration of the withdrawal period, the Trainee is considered as registered and their place reserved. They are therefore required to participate in the training.
The Trainee expressly accepts that the contract binding them to the Training Organization is executed before the expiration of the withdrawal period at the entrance to the training. In any case, they expressly renounce their right of withdrawal from the start of the training.
8. COVERAGE BY A THIRD-PARTY ORGANIZATION
8.1. When the training is covered by a third-party organization (OPCO, Caisse des dépôts, Pôle Emploi), it is up to the client/trainee:
To make the coverage request before the start of the training, to ensure the success of this request and to inform the Training Organization;
To explicitly indicate on the agreement and/or the training contract which will be the third-party organization to be invoiced, by precisely indicating its name, its address, and all the information allowing to identify it.
8.2. In the case where the third-party organization does not agree to pay the charge that would have been theirs due to absences, a dropout, or for whatever reason, the client is liable for the full price of the training, which is therefore invoiced to them without exception.
9. LIABILITY
Drive Paris can in no case be held responsible for failure to fulfill any of its obligations if this failure is attributable to the Client, to the unforeseeable and insurmountable act of a third party to the contract, to a fortuitous event, or force majeure. Are considered as fortuitous event or force majeure exonerating from liability all facts or circumstances irresistible, unforeseeable, and independent of the will of the parties, notably social movements, demonstrations, wars, embargoes, the unavailability of raw materials necessary for the manufacture of products, total or partial strikes of transporters, and natural disasters.
9.1. Any registration for training implies compliance by the trainee with the applicable internal regulations, which are brought to their attention.
9.2. The Training Organization cannot be held responsible for any damage or loss of objects and personal effects brought by the trainees.
9.3. It is up to the client/trainee to verify that their personal and/or professional insurance covers them during their training.
9.4 Drive Paris cannot be held responsible for the improper use of the courses by the Client, but also for non-compliance with the regulatory and legislative provisions in force in the country of receipt. The Trainings sold by Drive Paris are subject to the legal warranty conditions provided for by Articles L.217-4 to L.217-14 of the Consumer Code as well as by Articles 1641 to 1648 of the Civil Code, excluding all other warranties:
Legal warranty of conformity: Drive Paris will deliver to the Client a Training in conformity with the contract and free of conformity defects at the time of the delivery of said Training, in the sense that the Training will be suitable for the use usually expected of a similar good and that it will present the characteristics presented at the time of sale. Drive Paris does not respond, however, to conformity defects resulting from the instructions or the installation of the Trainings;
Repair: The Client can choose between the repair and the replacement of the Training or one of its elements unless one of these choices entails for Drive Paris a manifestly disproportionate cost;
Legal warranty of hidden defects: The partners of Drive Paris will deliver to the Client a Training free of hidden defects that would make it unfit for the use for which it is intended, or that diminish so much this use, that the Client would not have acquired it, or would have given only a lesser price, if they had known them.
In case of hidden defects, the Client will have the choice to return the Training and to be refunded the price and costs incurred by the sale or to keep the Training and to be refunded a part of the price. In any case, it will be up to the Client to prove that they meet the conditions of the warranty.
It is up to the Client to prove any possible non-conformity.
The Client, in their capacity as a professional, is solely responsible for the consultation, the choice of the Training provided by the Training Organization. In case of a manifest error on the part of the Client, between the characteristics of the Training and/or the conditions of the sale, the Training Organization cannot see its responsibility engaged
The responsibility of the Training Organization can only be engaged in case of fault or negligence proven by the Client/Trainee, and is limited to the direct damages suffered by the Client, excluding any indirect damage, of whatever nature, such as in particular any loss of chance, clientele, result, operation, commercial prejudice or loss of data and/or files.
In any case, if the responsibility of the Training Organization were retained, the total amount of any sum charged to the Training Organization cannot exceed the total amount of the price paid by the Client for the concerned Training.
10. SUMMONS AND ATTENDANCE CERTIFICATE
10.1. A summons indicating the exact location and the schedules of the in-person training is addressed to the client. The Training Organization cannot be held responsible for the non-reception of it by the recipients, notably in case of absence of the trainee at the training.
10.2. An attendance certificate, established in compliance with the attendance sheets, is addressed to the client and/or the trainee after each in-person training.
11. CANCELLATION–POSTPONEMENT–EARLY TERMINATION–ABSENCES
Any cancellation must be the subject of a written request (email, letter).
11.1. By the corporate client
When the cancellation request is received by the training organization 30 calendar days before the start of the training, the Training Organization reserves the right to retain 50% of the total price of the training as compensation;
In case of cancellation on the date of the beginning of the training or of non-presentation of the trainee, the Training Organization reserves the right to retain 100% of the total price of the training as compensation;
The amounts due by the client as compensation are mentioned as such on the invoice.
11.2. By the individual client
When the cancellation request is received by the Training Organization after the expiration of the withdrawal period and before the start of the training, the Training Organization retains 50% of the total price of the training as compensation, except in case of force majeure;
Once the training has started, when, as a result of force majeure duly recognized (unforeseeable event, insurmountable and external to the person), the individual client is unable to continue the training, the contract is terminated by right and the training services actually provided are invoiced pro rata temporis of their value provided for in the contract. In the absence of force majeure, any cancellation, dropout or interruption, the Training Organization reserves the right to retain the full amount of the training as compensation;
The amounts due by the client as compensation are mentioned as such on the invoice.
11.3. The replacements of trainees are admitted at any time, without fees, on written communication of the names and coordinates of the replacements.
11.4. By the Training Organization
The Training Organization reserves the right to cancel or postpone a training session if the minimum number of participants is not reached. – In case of cancellation by the Training Organization, the amounts paid are refunded to the client. – In case of postponement, the Training Organization proposes new dates: if the client accepts them, the amounts already paid are credited to the price of the new training session; if the client refuses them, these amounts are refunded to them;
In case of early termination of the training by the Training Organization for a reason independent of its will, the contract is terminated by right and the training services actually provided are due pro rata temporis of their value provided for in the contract;
In any case, the cancellation or the postponement of the training cannot give rise to the payment of damages and interest of any kind.
Due to sanitary constraints, or staffing, in-person trainings may be transformed into remote training (virtual class). This modification cannot justify a cancellation of the participation.
12. INTELLECTUAL PROPERTY
The courses made available to the Client remain the exclusive property of Drive Paris under copyright law. They cannot therefore be copied, transmitted, or distributed. They are thus made available to the Client only for their sole and unique personal use. Their reproduction, modification, translation, and/or adaptation, in whole or in part, for any use, other than private use, is strictly prohibited under penalty of prosecution in accordance with the provisions of Articles L335-2 and following of the Intellectual Property Code.
To ensure respect for intellectual property rights, the client and/or the trainee forbid any use, representation, reproduction in whole or in part, translation, transformation, and, more generally, any exploitation or dissemination to members of their staff not participating in the training or to third parties, of the contents and pedagogical supports, whatever their form (paper, digital, etc.) used in the framework of the trainings, without the express authorization of the Training Organization.
Any violation of this prohibition may give rise to civil and/or criminal proceedings on the basis of the intellectual property code.
The personal data entered by the Client is subject to automated processing and is recorded and kept in a computer file.
The trademarks appearing on the Site are registered trademarks. Any total or partial reproduction of these trademarks without the express authorization of the Organizer and the Publisher is strictly prohibited.
The documents and pedagogical supports handed to the Client during the training or the accesses granted to the training modules in the framework of open distance training are intended exclusively for the personal use of the Client and for their own needs. Participation in a training and the handing of a support or the access to a module does not entail any transfer of the intellectual property rights attached to the supports and their content, only a non-exclusive, non-transferable, and non-assignable right of use is granted to the Client.
The Client has during the duration of the training a non-exclusive, non-transferable, and non-assignable right of use on the content of the modules. The Client expressly forbids any reproduction, representation and/or adaptation of all or part of the modules to third parties, in particular via an intranet or an internet site.
Constitutes personal data any information relating to an identified or identifiable natural person, directly or indirectly, by reference to an identification number or to one or more elements specific to them.
The personal data of the Client necessary for the organization of the Training is subject to automated processing by the Publisher and is recorded in the Client file of the Organizer. In accordance with the regulations in force, the Client has on the data concerning them a right of access and rectification which they can exercise by writing to the following address: ecole@gmail.com.
In the case where the Client is a legal entity, they transmit to the Organizer the personal data (name, first name, emails and/or IP addresses of the participants) of their participants in the Training.
The Client transmits to the Organizer personal data (name, first name, emails of the participants and registered for the training) for the realization of its services in the framework of the organization of the training and authorizes the Organizer to use these data for this objective. The Client declares and guarantees to have obtained the prior and informed consent of the participants and registered and to keep the register of the processing activities carried out under their responsibility.
In the framework of the organization of the training, the Organizer will be led to transmit the personal data of participants to the following categories of subcontractors: the trainer leading the training, the printer producing the attendance sheets. The subcontractors of the Organizer will be held to the same obligations as the Organizer in terms of Personal Data.
13. CONFIDENTIALITY
The Training Organization, the client, and the trainee mutually commit to keeping confidential the information and documents, whatever their form and nature (economic, technical, commercial, etc.), to which they could have had access in the framework of the execution of the training service or during the exchanges occurred prior to the conclusion of the contract.
14. INFORMATION TECHNOLOGY AND FREEDOMS
Personal data are collected in order to be able to respond to the request of the client and the trainee and to keep them informed of the service offers of the Training Organization; no personal information is transferred to third parties. In accordance with the information technology and freedoms law of January 6, 1978, the client and the trainee have a right of access, also a right of modification, rectification, and deletion of the personal data concerning them that they can exercise with the service in charge of the training.
The duration of conservation of the personal data collected is carried out in a limited manner, defined according to the purpose of their processing and in compliance with the provisions applicable to the processing of personal data.
The personal data of the Client / Trainee are kept for the duration strictly necessary for the accomplishment of the purposes recalled within the Privacy Policy.
These data can be communicated to our partners in accordance with the Privacy Policy. Any natural person has the rights of access, rectification, erasure, portability of data as well as limitation and opposition to the processing and organization of the fate of their data after their death. These rights can be exercised in accordance with the terms provided in the Privacy Policy of Drive Paris.
For complete information on the processing of these data, it is appropriate to refer to the Privacy Policy.
The contracts concluded between Drive Paris and the Client, which are constituted by the data entered by the Client during their online order, as well as by the versions of the GSC and the specific sales conditions online in force on the day of the confirmation of this order and accepted by the Client, are archived for a duration of ten (10) years. When the contract concluded between Drive Paris and the Client concerns the sale of a Service Offering, this archiving duration expires ten (10) years after the delivery date of the Product.
The Client can access the archived contracts to which they are a party by making the request by email sent to the email address indicated in Article 1 of these GSC.
15. APPLICABLE LAW–COMPETENT TRIBUNALS
All disputes relating to the sales of training services concluded by the Training Organization, as well as to the application or interpretation of these general sales conditions are governed by French law. Any dispute relating to the contracts or training conventions will be subject to prior consultation in order to find an amicable solution, failing which the most diligent party will seize the Paris Commercial Court.
All disputes relating to orders placed under these GSC will be subject to an attempt at amicable resolution through mediation prior to any legal action.
In case of failure of the mediation attempt, the disputes will fall under the jurisdiction of the tribunal of the place of domicile of the Client or of the place of occurrence of the harmful fact.
16. GENERALITIES
Drive Paris cannot be held responsible for the non-execution of its obligations due to a force majeure as generally accepted by law or for causes beyond its control (constraints and limitations of the internet network, network breakdown, slowness or interruption of the internet service provider of the Client, etc.).
In any case, and to the extent permitted by regulation, the responsibility of Drive Paris is limited to the price of the selected formula and to the price actually paid by the Client. Thus, in case of dispute, Drive Paris commits up to the amount of the service.
We expressly exclude any responsibility for any indirect or immaterial or special loss or damages suffered by you or any loss of revenues, loss of profit, loss of anticipated savings, loss of use of computer equipment, loss or destruction of data or loss of opportunity or of a contract (whether direct or indirect in each of the cases) in relation with the site, the services and the materials, or in relation with the use, the inability to use, or as a consequence of the use of the site, the services or the Trainings, resulting in any manner, or caused by a civil tort (including negligence), a breach of contract or otherwise. Furthermore, Drive Paris cannot be held responsible to the extent permitted by the regulation in force for the direct damages, notably immaterial, or indirect that could result from the access to the site or the inappropriate use by the Client of the techniques mentioned in the courses.
Due to the inherent risks in the use of the Internet, we cannot be held responsible and, by these conditions, exclude to the fullest extent permitted by the applicable law, any responsibility for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that could infect your computer equipment, computer programs, data or any other intellectual property right due to your use of the site, or to your download of any content posted on it, or on any site linked to it.
ANNEX 2: MODEL OF WITHDRAWAL FORM
If they wish to cancel their order, the Client can use the detachable form below.
WITHDRAWAL FORM
Consumer Code, articles L. 221-18 to L. 221-28
To the attention of:
Drive Paris
76 Boulevard Brune
75014 Paris
01.45.43.06.08
Driveparis.ecole@gmail.com
I/we () hereby notify you of my/our () withdrawal from the contract concerning
The training(s) below:
……………………………………………………………………………………………………………..
Purchase of the training on:
Name of the client(s):
Address of the client(s):
Signature of the client(s):
Date: