General Conditions of Sale
Association Espoir Nature
The Client’s acceptance of the general terms and conditions of sale, and the signature of one of the contractual documents provided for in Article 1, shall automatically imply their acceptance by the Client. The association Espoir Nature carries out the services ordered with its own means.
Article 1 – Purchase of services
The purchase of services from Espoir Nature takes one of the following forms:
- an agreement or a professional training contract
- a service provision contract
The conclusion of a professional agreement is mandatory for the organisation of :
- multi-annual professional training actions
- professional training contracts
Article 2 – The contractual act
In addition to the compulsory information, the contractual document shall mention:
- the surname and first name, or company name of the Client,
- the Client’s SIRET number,
- the Client’s address,
- the name of its duly authorised representative,
- as well as any practical information (telephone, e-mail, fax).
In order to allow, if necessary, the deduction of the sums paid to Espoir Nature from the Client’s contribution to the development of continuing professional training, the contractual document includes the information provided for in Article R. 6353-1 of the Labour Code.
If, at the time of placing the order, the name(s) of the participants are not known by the Client, the latter may communicate them to Espoir Nature at the latest 5 working days before the start of the actions. Otherwise, the responsibility of Espoir Nature cannot be engaged for any reason whatsoever.
2.2 Conclusion and modification
The contractual act is definitively formed upon signature by the parties concerned. Each party shall receive a copy of the original document. During the execution of the services, the modifications negotiated between the parties give rise to the signature of an amendment to the contractual document.
Article 3 – Sanction
If the beneficiary passes the validation tests, the services provided by Espoir Nature shall give rise to one or more certificates of professional competence which shall appear in the certification booklet. In all cases, a certificate of attendance is issued by Espoir Nature to the beneficiary.
Article 4 – Prices
The prices of Espoir Nature’s services refer to the contractual stipulations. Except for special provisions, they include the educational costs, the use of the training rooms and/or workshops as well as the educational material.
The training services benefit from the VAT exemption provided for in Article 261-4-4°a of the General Tax Code.
Article 5 – Invoicing
Training services lasting less than 6 days are invoiced at the signing of the contract, except for cases of coverage by an OPCA with a subrogation of payment to the benefit of the Espoir Nature association. Training activities or services of less than 3 months > 50% in advance on the date of signature of the contract. Balance invoiced at the end of the service. Training activities or services of more than 3 months > 20% in advance on the date of signature of the contract. Monthly interim billing. Balance invoiced at the end of the service. Exceptions to the above rules are set out in the special conditions. Any advance payment shall give rise to the issue of an advance note.
Article 6 – Payment
Advances negotiated with the Client shall be payable upon signature of the contract.
6.2 Payment deadlines
Unless there are specific contractual provisions, the Client shall pay the price of the services within a maximum period of 30 days from the date of issue of the invoice.
6.3 Terms of payment
The services of Espoir Nature are paid by bank transfer or, if necessary, in accordance with the conditions negotiated with the Client.
6.4 Late payment penalties
The date of payment shown on the invoice is the starting point for the calculation of late penalties. The rate of late payment penalties shall be equal to the interest rate applied by the European Central Bank to its most recent financing operation plus 10 percentage points. The invoicing of late penalties may occur at any time, without prior reminder from Espoir Nature, in accordance with Article L. 441-6 of the Commercial Code. In addition to these late payment penalties, a fixed indemnity for collection costs is added, the amount of which is fixed by decree. If the collection costs incurred are higher than the fixed compensation, additional compensation up to the amount of the justified expenses shall be requested by the Espoir Nature Association.
6.5 Advance payment
Advance payments do not give rise to a discount.
6.6 Subrogated payment
If the Client wishes the payment to be made by an approved collecting body or another funding body, he must in all cases
– provide Espoir Nature with proof of the financial support granted
– respond, as necessary, to the requests of the funder
In the event that the funder’s intervention remains partial, the remainder of the cost of the services is invoiced to the Client. The terms of payment are specified in the special conditions and the Client personally ensures the payment of Espoir Nature by the funder or, failing that, bears the cost of this payment.
Article 7 – Justification of services
Espoir Nature shall provide, upon request, any document or evidence to justify the reality and validity of the expenses incurred in accordance with Article L. 6361-1 et seq. of the Labour Code. Failing this, and in the event of total or partial non-fulfilment, it shall reimburse the sums unduly received, in application of the provisions of Article L. 6354-1 of the same code.
Article 8 – Termination
Failure to pay in full or in part of a single contractually agreed deadline gives Espoir Nature the right to terminate the agreement or contract with the Client, after sending a formal notice that has remained without effect within fifteen (15) days. All invoices shall be payable by the Client in proportion to the services provided, increased, where applicable, by the late payment penalties provided for in Article 6.4. In addition, the Client shall owe Espoir Nature an indemnity equal to 50% of the price of the services still to be provided for the damage suffered by it as a result of the termination.
In the event of failure to fulfil the obligations entered into, the party responsible for the unfulfilled obligation must give notice to the defaulting party to remedy the situation. If the formal notice remains without effect, the claimant party is entitled to terminate the agreement or contract in question. The termination shall be considered effective at the end of a period of fifteen (15) days.
Requests for termination at the initiative of Espoir Nature for any other reason shall be sent to the Client by registered letter with acknowledgement of receipt and shall be considered effective at the end of a period of one (1) month and shall not give rise to any right to compensation from Espoir Nature. Any termination shall result in the immediate payment of invoices issued by Espoir Nature.
Article 9 – Cancellation, Postponement or Withdrawal – Withdrawal from training
Any request for cancellation of the service initiated by the Client must be notified to Espoir Nature in writing (letter, email, fax).
In the case of cancellation by the Client, without reason, or for reasons of their own, less than fifteen (15) clear days before the start of the services, Espoir Nature will charge a cancellation fee of 50% of the price of the cancelled services.
In the event of late cancellation by the Client less than seven (7) clear days before the start of the services, or failure of the participant to show up on the day and at the time set by Espoir Nature, the cancellation fee will represent 80% of the price of the cancelled services.
If the services are cancelled by Espoir Nature, the Client shall be informed in writing. The latter shall have the choice between reimbursement of the sums paid, or postponement of the service to a later date, without being able to claim any other compensation.
Espoir Nature reserves the right to postpone its services. In this case, the Client is informed in writing as soon as possible. The Client cannot claim any compensation for this.
In the event that the trainee permanently abandons their training, the periods of training that follow will be invoiced by Espoir Nature. Furthermore, any early departure by the trainee will incur payment of an indemnity equal to 50% of the price of the services not provided. This indemnity is due as compensation to the Espoir Nature Association and will be billed separately.
Article 10 – Force majeure
When, as a result of force majeure that meet the characteristics defined by current case law, Espoir Nature is unable to continue the service, the contract or agreement with the Client is terminated automatically, without the latter being able to claim any compensation.
The Client shall however be liable for payment pro-rata temporis of the services provided by the Espoir Nature Association.
Article 11 – Provisions relating to the purchase of services by a non-professional Client
A non-professional Client is any individual who purchases one or more services from Espoir Nature on an individual basis and at his own expense. In this case, a professional training contract in accordance with the provisions of Article L. 6353-4 of the Labour Code must be concluded.
From the signing of this contract, the non-professional Client has a withdrawal period of 10 calendar days. The exercise of the right of withdrawal will be made by registered letter with acknowledgement of receipt. And the postmark will be used as proof for calculating the withdrawal period. The price of the service is fixed by the contract.
Espoir Nature may require an advance payment of up to 30% of this price. However, this advance will only be due after the expiry of the 10-day period in application of Article L. 6353-6 of the Labour Code. The balance of the price shall be invoiced according to a schedule set out in the professional training contract.
The maximum payment period is 30 days from date of issue of the invoice. Any default in payment shall render the sums due to the Espoir Nature Association immediately payable. In addition to these sums, the non-professional Client is liable for an indemnity corresponding to 20% of the unpaid balance. This indemnity is due from the date of the formal notice sent by Espoir Nature by registered letter with acknowledgement of receipt. Moreover, the absence of total or partial payment or any payment incident, gives the right to Espoir Nature to suspend or terminate the contract under the conditions mentioned in Article 8.
Article 12 – Liability of Espoir Nature
The obligation subscribed by Espoir Nature, within the framework of the services it provides, is an obligation of means. And cannot in any case be interpreted as an obligation of result.
Article 13 – Intellectual property
In application of the legislation relating to intellectual property (copyright protection, registered trademark), the software, media, brochures, documentaries, tools, courses and any document in general made available to the client and their staff are the property of Espoir Nature, or its licensors. Consequently, the exploitation, reproduction, adaptation, translation, marketing and representation by any means of communication, of all or part of them are prohibited for both the Client and their employees under penalty of prosecution.
Article 14 – Disputes
In the event of any dispute relating to the execution of the agreement or the contract, an amicable settlement shall be preferred. In the event of persistent disagreement, the courts of Niort are competent to deal with the dispute.
If you have any questions regarding these General Conditions of Sale please contact us. You can get in touch through our Contact Page. Alternatively, you can contact us in writing addressed to : Association Espoir Nature, 11 Rue bois naudouin, 79110, Loubillé.
- Phone : 05 17 30 17 31 (standard rate call charges apply)
- Email : email@example.com