En vigueur au 28/10/2024
Aiola Informatique reserves the right to modify or update its general conditions of sale at any time. The applicable general conditions of sale are those available and consultable on the site www.aiola.fr/en on the day of the order.
This document, hereinafter “General Conditions of Sale” (“CGV”), applies to all service offers offered by AIOLA INFORMATIQUE hereinafter referred to as “the Company” and which are the subject of an order for on the part of the Customer.
The training courses concerned mean video conference training courses from the Aiola Informatique Company (“Inter training courses”) as well as training courses organized at the request of the Client on their behalf or on behalf of a closed group of clients (“Intra training courses”). ").
The General Terms and Conditions are made available to the Customer on the Aiola Informatique Company website: www.aiola.fr.
The General Conditions of Sale are enforceable against the Customer who acknowledges, has been aware of them and accepts them before placing an order.
Any contrary condition and in particular any general or specific condition opposed by the Customer cannot, unless formal and written acceptance by the Company, prevail over these General Terms and Conditions, regardless of when it may have been brought to the Customer's attention.
Validation of the order by its confirmation constitutes acceptance by the Customer of the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by the Company in accordance with article 1127-2 of the Civil Code.
Placing an order implies the Customer's full and unreserved acceptance of these General Terms and Conditions and their appendix, the Customer ensuring that all of its employees, employees and agents respect them.
The Customer acknowledges to this effect that, prior to signing the order form, he has received sufficient information and advice from the Company, enabling him to ensure the suitability of the service offering to his customers. needs.
Inter training
The order is deemed firm and final when the Client returns the registration request by one of the following means:
For any registration, a registration confirmation is sent to the Client, accompanied by a training agreement. The accused does not constitute confirmation of the holding of the Training. The Client must return a copy of the training agreement, bearing the company stamp, to the Company.
For the quality of the Training, a minimum number and a maximum number of participants are defined for each Training. The Company undertakes not to exceed the planned number.
As soon as the session is confirmed, no later than 10 days before the Training, the Client will receive an invitation and all practical information relating to their Training, including the exact times and location of the Training. The Training location indicated on the communication media is not contractual. Depending on the rooms available, the Company may convene participants at another address in the same geographic area.
At the end of the Training, the Company sends to the persons indicated by the Customer when ordering, the invoice for the Training as well as the certificate of completion of the Training. It is up to the Client to verify the accountability of the Training action.
Intra training
Any intra-request is subject to an educational and financial proposal by the Company.
Formal acceptance by the Client of this commercial proposal must reach the Company at least 21 working days before the date of the first Training. This constitutes a final order and implies acceptance of the General Terms and Conditions, the agreed dates and locations of the Training.
At the end of the Training, the Company sends the Client: invoice, copy of the payroll list and evaluations. When the signatures or evaluations are carried out on the Customer's support, the latter undertakes to communicate them to the Company.
The Company, however, reserves the right to refuse any order for legitimate and non-discriminatory reasons.
The Company is free to use the educational methods and tools of its choice. Please note that the form and content of educational tools are governed by the Training Organization according to the rules imposed by our quality certifications.
Participants in Training courses carried out on the Company's premises are required to comply with the Company's internal regulations.
If the Training takes place outside the Company's premises, participants are required to respect the internal regulations of the host establishment.
The Company reserves the right:
Inter-company training
The price per participant is indicated on each training sheet. Prices can also be consulted on the Company's website and on the training catalog for the current year.
Sales prices are indicated in euros excluding VAT or net of VAT depending on the legal nature of the Customer. The total amount owed by the Customer is indicated on the order confirmation.
Registration is made in the name of the participating natural person but the Company's Client is the contracting organization appearing on the registration form and paying the amount of the training.
Our prices are flat rate. Any training or cycle started is due in full.
Intra-company training
Any intra-company training will first be the subject of a commercial and financial proposal by the Company.
Unless previously agreed with the Company, the speaker's meal, travel and accommodation costs, printing and delivery of documentary materials, and room rental if applicable, will be invoiced to the Client in addition.
Unless otherwise provided in the proposal, a minimum deposit of 30% of the total cost of the training will be paid by the Client upon ordering.
Cancellation, modification or postponement at the initiative of the Customer:
Formulated in writing, the conditions for cancellation, replacement/postponement are as follows:
Cancellation of face-to-face training results in a postponement, for three months, if it is received before the start of the training.
The forfeiture cannot under any circumstances be deducted from the amount of participation in the development of Professional Training.
Replacement of participants is permitted no later than 1 working day before the start of the training, free of charge, upon written communication of the names and contact details of the replacement, subject to compliance with the prerequisites of the Training.
Formulated in writing, the conditions for cancellation, replacement/postponement are as follows:
If this request reaches the Company, in writing, at least 15 working days before the date of the Training, only the costs already incurred for the preparation (in particular tools, educational materials, printing and delivery of documentary materials, preparation by the trainer and teaching team, room rental, travel, accommodation) will be invoiced to the Client.
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The replacement of participants is permitted at any time, free of charge, upon written communication of the names and contact details of the replacement, subject to compliance with the prerequisites of the Training.
Cancellation, modification or postponement at the initiative of the Company
When the number of participants in a Training is deemed insufficient for educational reasons, the Company reserves the right to cancel this Training at the latest one week before the scheduled date. The registration fees previously paid will then be fully refunded or, at the Customer's convenience, a credit will be issued.
The Company reserves the right to postpone the Training, to modify the location where it takes place, the content of its program or the facilitators, while respecting the same educational quality of the Initial Training, if circumstances beyond its control do so. oblige.
Payment of the entire price of the training must be made
Payment must be made by check payable to the Company (LCR not accepted) when the procedure is not electronic. If registering for a Training course or cycle, the Training must be completed within three months of registration. An invoice is sent at the end of each Training course or cycle. Support and skills assessment costs are invoiced with the first Training. In the event of cancellation by the Client of his participation in one of the training courses of the course or cycle, he will have to pay the cancellation costs linked to the Training as well as the differential between the non-discounted list prices and the prices awarded on the training courses in which he participated.
Any payment after the due dates appearing on the Company's invoices will give rise to the application of default interest defined by the law and regulations in force and to a fixed compensation for recovery costs of €40.
These sums are due without the need for formal notice.
In the event of payment made by an OPCO, it is up to the beneficiary to ensure the successful completion of the payment by the organization concerned. In the event of partial coverage by OPCO, the portion not covered will be directly invoiced to the Customer. If the agreement to cover the OPCO does not reach the Company on the first day of the training, the Company reserves the right to invoice the full training costs to the Client.
In the event of liability incurred by the Company towards the Client, the Company must reimburse the Client the amount paid for the service provided, this clause constituting the ceiling of its liability.
The Company specifies in its programs the initial level (prerequisites) to follow each of its training courses in the best conditions. It is the Client's responsibility to ensure that any participant registered for the Company's inter-company training meets the prerequisites indicated on the corresponding training program. The Company cannot therefore be held responsible for any possible mismatch between the training followed and the initial level of the participants.
Under no circumstances can the Company be held liable for indirect damage such as loss of data, files, operating loss, commercial loss, loss of profit or damage to image and reputation.
In all cases, the Company's liability is excluded in the event of force majeure.
The Client may only use the Company's proposals, work, studies and concepts, methods and tools for the purposes stipulated in the order.
The Company alone holds the intellectual rights relating to the training it provides; so that all educational materials, whatever their form (paper, digital, oral, etc.), used as part of the order, remain its exclusive property.
The Client undertakes not to use, reproduce, directly or indirectly, in whole or in part, adapt, modify, translate, represent, market or distribute to members of its staff who are not participants in the training. of the Company or to third parties, the course materials or other educational resources made available to it without the express written authorization of the Company or its assigns.
The parties undertake to keep confidential information and documents of an economic, technical or commercial nature concerning the other party, to which they may have access during the execution of the contract.
The Client undertakes not to directly or indirectly compete with the Organization
of Training by transferring or communicating all or part of the documentation to a competitor of the Training Organization. The Company reserves the right to pursue any person who contravenes this clause.
In accordance with current European (GDPR) and French regulations, the Company, in its capacity as data controller, undertakes to treat the personal data of its Customers with the greatest care.
The Company respects a whole set of duties and grants its Clients a whole set of rights relating to their personal data.
The commitments made by the Company are listed in the Confidentiality and Personal Data Protection Policy document, annexed to these General Terms and Conditions, of which it constitutes an extension and complement, and accessible on our website at the following address: www .aiola.fr
The nullity of a clause in the General Conditions of Sale does not result in the nullity of the General Conditions of Sale.
The temporary non-application of one or more clauses of the General Conditions of Sale by the Company cannot constitute a waiver on its part of the other clauses of the General Conditions of Sale which continue to have their effects.
Likewise, the fact that the Company does not avail itself at a given moment of one of the present clauses of the General Conditions of Sale cannot be interpreted as a waiver of its right to avail itself of it at a later date.
The Company is authorized to subcontract, in part or in full, the execution of the services covered by this contract. All obligations of the Client arising therefrom apply only towards the Company, which remains responsible towards the Client for all obligations resulting from this contract.
The Company is authorized to use the company name, commercial name and/or brands of the Client, and where applicable the group of which it is a part, as a commercial reference on any medium or on any occasion for marketing and/or advertising purposes. without prior authorization from the Customer.
LITIGE – MEDIATION DE LA CONSOMMATION (PARTICULIERS)
En cas de litige entre le Client et l’entreprise, ceux-ci s’efforceront de le résoudre à l’amiable (le Client adressera une réclamation écrite auprès du professionnel ou, le cas échéant, auprès du Service Relations Clientèle du professionnel).
A défaut d’accord amiable ou en l’absence de réponse du professionnel dans un délai raisonnable d’un (1) mois, le Client consommateur au sens de l’article L.133-4 du code de la consommation a la possibilité de saisir gratuitement, si un désaccord subsiste, le médiateur compétent inscrit sur la liste des médiateurs établie par la Commission d’évaluation et de contrôle de la médiation de la consommation en application de l’article L.615-1 du code de la consommation, à savoir :
La Société Médiation Professionnelle
www.mediateur-consommation-smp.fr
24 rue Albert de Mun – 33000 Bordeaux
Applicable right
These General Terms and Conditions are subject to French law.
Prior complaint
In the event of a dispute relating to training, the Client undertakes to first contact the Company's customer service at 01 48 73 48 30 (non-premium rate number from a landline in mainland France), from Monday to Friday except public holidays or public holidays, from 9:00 a.m. to 12:00 p.m. and from 2:00 p.m. to 6:00 p.m. or by email (forrmation@aiola.fr) or postal to AIOLA INFORMATIQUE – 5bis, avenue Kleber 94130 Nogent sur Marne.
In the event of a dispute, the Parties will make their best efforts to reach an amicable agreement.
This phase of attempting an amicable resolution constitutes a prerequisite to any contentious action.
Court of competent jurisdiction
In the absence of an amicable agreement within two months from the sending of the first complaint, by any means allowing the date to be determined, the Party initiating the complaint may seize:
For Commercial Companies, the Commercial Court of Créteil, notwithstanding plurality of defendants and warranty claims, without the jurisdiction clauses that may exist on the buyers' documents being able to obstruct the application of this clause.
For liberal professions, public persons, local authorities, the State, the Court of the defendant's domicile (article 42 of the Code of Civil Procedure) or that of the place of actual delivery of the thing or execution of the service ( article 46 of the Code of Civil Procedure).
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