TERMS AND CONDITIONS OF SALE (CGV)

SKILLS ASSESSMENT – RECOGNITION OF PRIOR LEARNING – BUSINESS STARTUP SUPPORT – VOCATIONAL TRAINING

 

PREAMBLE

These General Terms and Conditions (GTC) apply to all companies in the ORIENTACTION group, i.e. :

• SARL ORIENTACTION,
• SARL ORIENTACTION PARIS,
• SAS(U) ORIENTACTION - SKILLS ASSESSMENT.

As well as all companies under a trademark license agreement with ORIENTACTION PARIS (trademark license agreement).

These companies are referred to as "ORIENTACTION" in these General Terms and Conditions (GTC).

 

ARTICLE 1: DEFINITIONS

Customer: ORIENTACTION's co-contractor (including companies under a brand licensing agreement with ORIENTACTION PARIS).

Training: any action falling within the scope of continuing vocational training(L. 6313-1 of the French Labor Code), including skills assessment, V.A.E. support and business start-up/takeover support.

 

ARTICLE 2: PURPOSE AND SCOPE

Any order for training constitutes the Client’s unconditional acceptance of and full compliance with these General Terms and Conditions of Sale (GTC), which take precedence over any other document issued by the Client, including any General Terms and Conditions of Purchase (GTCP).

If the training is partially or fully funded through the CPF, the General Terms and Conditions of the website https://www.moncompteformation.gouv.fr/ take precedence over these General Terms and Conditions of Sale (GTC) and apply automatically.

 

ARTICLE 3: CONTRACTUAL DOCUMENTS

ORIENTACTION will send the Client a professional training contract or agreement drawn up in accordance with articles L6353-1 and L6353-2 of the French Labour Code. The Client undertakes to return a signed copy of the contract or agreement bearing its commercial stamp to ORIENTACTION as soon as possible.

 

ARTICLE 4: FINANCIAL TERMS

Invoices are issued upon registration.

Since ORIENTACTION’s acceptance is contingent upon full payment of the invoice, ORIENTACTION expressly reserves the right to freely allocate the seats reserved by the Client until the registration fees have been paid in accordance with the terms set forth below. ORIENTACTION reserves the right to postpone a training session without compensation, no later than 5 business days prior to the scheduled date, for educational reasons.

ORIENTACTION will first prepare a commercial and financial proposal. Registration is confirmed subject to full payment for the training. Installment payment plans may be offered to the Client. In the event of payment in installments, if a payment is not made by the due date, and after a formal notice has remained unanswered for 5 business days, ORIENTACTION reserves the right to suspend any ongoing and/or upcoming training.

 

ARTICLE 5: CANCELLATION/POSTPONEMENT/ABANDONMENT OF TRAINING BY THE CLIENT

Any cancellation or request to reschedule a training session by the Client must be submitted in writing.

From the date of signature of the training contract or agreement, the customer has 10 days in which to withdraw from the contract. The withdrawal period is extended to 14 days (article L.221-18 of the French Consumer Code) for "distance" and "off-premises" contracts.

After this period, the full cost of the training must be paid in the event of cancellation. The Client will be required to pay a flat-rate penalty equal to 15% of the total cost of the training if a request is made to reschedule the training. If rescheduling is not possible, the full cost of the training must be paid.

If the Client withdraws from the training program—whether the Client is an individual paying for the service out of their own pocket or a corporate client—no refund will be issued, and the full cost of the training program will remain due.

PARTICIPANT REPLACEMENT

ORIENTACTION allows the Client to substitute a participant at no additional charge up to 3 business days before the relevant training session.

All replacement requests must be made in writing.

 

ARTICLE 6: PRICES AND PAYMENT

All our prices are listed in euros and exclude tax. VAT at the current rate will be added (except for companies exempt from VAT). Any training course that has begun must be paid for in full. Invoices are payable in euros upon receipt, without discount, and made payable to ORIENTACTION.

Any sum not paid on the due date will give rise to the payment by the Customer of late payment penalties at the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points.

These penalties are automatically due upon receipt of the notice informing the customer that they have been charged. In addition to the penalties for late payment, the Customer will be liable for a fixed indemnity of €40 for collection costs, in accordance with articles L441-6 c. com. and D. 441-5 c. com.

ORIENTACTION nevertheless reserves the right to claim additional compensation, upon justification, when the expenses actually incurred exceed this amount.

 

ARTICLE 7: PAYMENT BY AN OPCO

If the customer wishes the payment to be issued by his OPCO, he must :

• To submit a request for financial assistance before the start of the training program and to ensure that the request is processed successfully,
• State this explicitly on your registration form or purchase order,
• Ensure that the payment is completed by the OPCO it has designated.

If the OPCO covers only part of the training cost, the remaining balance will be billed to the Client. If ORIENTACTION has not received the OPCO’s approval of coverage by^{the first} day of the training, the Client will be billed for the full cost of the course. In the event of non-payment by the OPCO, for any reason whatsoever, the Client will be liable for the full cost of the training and will be billed for the corresponding amount.

 

ARTICLE 8: REFUSAL TO ACCEPT AN ORDER

If a Customer places an order with ORIENTACTION without having paid for any previous order(s), ORIENTACTION may refuse to fulfill the order and provide the relevant training, and the Customer shall not be entitled to any compensation for any reason whatsoever.

 

ARTICLE 9: INFORMATION TECHNOLOGY AND CIVIL LIBERTIES

The Client is informed that personal information communicated to ORIENTACTION pursuant to and in the execution of orders and/or sales may be communicated to ORIENTACTION's contractual partners for the purposes of said orders. In accordance with Law n°78-17 of January 6, 1978, known as the Loi Informatique et Libertés, updated by the Law of June 20, 2018 and now in compliance with the General Data Protection Regulation (RGPD) of April 27, 2016, the Customer has the right to access, rectify and object to personal data concerning him or her. This right may be exercised by making a request by email or by post addressed to ORIENTACTION.

Data is retained for the period strictly necessary to manage the contractual relationship and comply with legal obligations.

 

ARTICLE 10: ACCESSIBILITY (DISABILITY)

ORIENTACTION has a disability liaison officer available. For any disability or specific need, the beneficiary may contact this person to discuss and implement the necessary accommodations to ensure the smooth delivery of the support services.

 

ARTICLE 11: INTELLECTUAL PROPERTY

The rights to reproduce, use, distribute, adapt, modify, and exploit the training materials remain the exclusive property of ORIENTACTION PARIS and therefore cannot be transferred to the Client.

 

ARTICLE 12: DIGITALIZATION OF DOCUMENTS

As part of ORIENTACTION’s commitment to the environment, the materials provided for training sessions are digital.

 

ARTICLE 13: LIABILITY

ORIENTACTION may be held liable for any direct damages suffered by the Client as a result of the delivery of the training programs. The compensation payable to the Client for such damages shall not exceed the amount corresponding to the fees paid by the Client to ORIENTACTION for the calendar year in which the damage occurred.

 

ARTICLE 14: CONFIDENTIALITY

All information (except that which is accessible to the public) of which ORIENTACTION or the Client has knowledge, or which has been communicated by the other party or by a client or a third party, prior to or during the performance of the contract, is strictly confidential and each of the parties undertakes not to divulge it. For the purposes of performing the services, each of the parties is only authorized to communicate the aforementioned information to its employees and/or any authorized subcontractors; each of the parties is responsible for ensuring that its employees and/or any subcontractors comply with this obligation.

Each of the parties undertakes to return (or destroy, at the option of the other party) the said information, together with a copy thereof, within 5 working days of the expiry or termination of the contract or order form, upon simple request by the other party. The present clause authorizes ORIENTACTION to communicate the information within the ORIENTACTION Group. The Parties shall be bound by the present confidentiality obligation for a period of two years from the termination of their contractual relationship.

 

ARTICLE 15: COMMUNICATION

The Customer expressly authorizes ORIENTACTION and its subsidiaries to mention its name and logo and to mention as references the subscription to an order and any operation resulting from its application in all their commercial documents.

 

ARTICLE 16: WAIVER

The fact that ORIENTACTION does not avail itself at a given time of any of the clauses herein, shall not constitute a waiver to subsequently avail itself of the same clauses.

 

ARTICLE 17: GOVERNING LAW

The General Conditions and all relations between ORIENTACTION and its Clients are governed by French Law.

 

ARTICLE 18: MEDIATION

In accordance with the Consumer Code, the Customer may seek the assistance of a mediator:

• ANM CONSOMMATION – 2 rue de Colmar – 94300 VINCENNES – anm-conso.com.

 

ARTICLE 19: ALLOCATION OF AUTHORITY

Any dispute that cannot be settled amicably will be under the EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF THE HEAD OFFICE OF THE ORIENTACTION AGENCY CONCERNED BY THE DISPUTE, regardless of the Customer's registered office or place of residence, notwithstanding plurality of defendants or the introduction of third parties. This jurisdiction clause shall not apply in the event of a dispute with a non-professional Customer, for whom the legal rules of material and geographical jurisdiction shall apply. The present clause is stipulated in the interest of ORIENTACTION, which reserves the right to waive it if it sees fit.

 

ARTICLE 20: NOTIFICATION OF ADDRESS

ORIENTACTION elects its registered office as its domicile. Please refer to our website for the address of the agency concerned.