General terms and conditions of sale

Seller identification

Nova Consul SARL, with capital of €1,000, registered with the Versailles Trade and Companies Registry under number 981104904,
whose registered office is at 27 rue Saint-Denis, 78930 Goussonville, France.
Email: contact@nova-consul.com

Article ONE – Scope of application

In accordance with Article L441-6 of the French Commercial Code, the present General Terms and Conditions of Sale constitute the sole basis of the commercial relationship between the parties.
Their purpose is to define the conditions under which Nova Consul (“the Provider”) provides the following services to professional clients (“the Clients” or “the Client”) who request them, via its website “managementconstitutionnel.com” (“the Website”), by direct contact or via a paper medium: sale of conferences and face-to-face and distance training courses, in virtual format (e-learning) (“the Services”).
They apply, without restriction or reservation, to all Services provided by the Service Provider to customers in the same category, regardless of any clauses that may appear in the customer’s documents, and in particular the customer’s general terms and conditions of purchase.

In accordance with Article L 441-6 -I° of the French Commercial Code, the Service Provider is required to communicate its general terms and conditions of sale to any purchaser of products or any person requesting services for a professional activity, including: the terms and conditions of sale, the scale of unit prices, the price reductions and the terms of payment.
Any order for Services implies acceptance by the Customer of these General Terms and Conditions of Sale.

The information on the Provider’s website, catalogues, prospectuses and price lists is given for information only and may be revised at any time. The Service Provider is entitled to make any changes it deems necessary. The main characteristics of the Services are presented on the Website.
It is the Customer’s responsibility to read them before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer.
These General Terms and Conditions of Sale are accessible at all times on the website and shall prevail, where applicable, over any other version or any other contradictory document.

In the absence of proof to the contrary, the data recorded in the service provider’s computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the French Data Protection Act of 6 January 1978, the Customer has the right, at any time, to access, rectify and object to all of his/her personal data by writing, by post and providing proof of his/her identity, to : Nova Consul SARL, 27 rue Saint-Denis, 78930 Goussonville, France.

The Customer declares that he/she has read these General Terms and Conditions of Sale and has accepted them either by signing the quotation sent by the Service Provider or by ticking the box provided for this purpose before the online ordering procedure is implemented, as well as the general terms and conditions of use of the Website.
As these General Terms and Conditions of Sale may be amended at a later date, the version applicable to the Customer’s purchase is that in force on the Web Site on the date the order is placed.
The Services presented on the website are offered for sale in all countries of the European Union
European Union and in third countries.

Validation of the order for Services by the Customer implies unreserved acceptance of these General Terms and Conditions of Sale.
The Customer acknowledges that he/she has the capacity required to contract and acquire the Services offered.

Article 2 – Orders

2.1

The Customer can place an order in one of two ways:

  1. The Customer selects the services they wish to order on the site.

To place an order, the Customer, after having filled his/her virtual basket with the products selected and the quantities desired, then clicks on the “Order” button and provides the information relating to delivery and the method of payment.

Before clicking on the “Confirm order” button, the Customer has the opportunity to check the details of their order and its total price and to return to the previous pages to correct any errors or make any changes to their order. It is the Customer’s responsibility to check the accuracy of the order and to report any errors immediately.
The sale of Services will only be considered definitive once the Customer has paid the full price of the products to the Service Provider (by cheque, secure payment method or credit card).

  1. The Customer requests a quotation from the Service Provider

It is the Customer’s responsibility to check the accuracy of the order and to report any errors immediately.
The sale of Services will only be considered definitive once the quotation has been signed
by the Customer and payment of the invoice for the full price of the products to the Service Provider (cheque or secure payment method).

2.2

Any changes to the order made by the Customer, other than exercising his right of withdrawal, are subject to the approval of the Provider.

Registrations at reduced rates or at the “I’ll do the course again” rate require payment of the full amount of the course beforehand.
payment of the full amount of the course beforehand and are non-cancellable,
non-refundable. Registrations at the standard rate require payment by the Customer of the full amount of the course beforehand and may be cancelled with the possibility of a refund.
under the following conditions:

  • 31 days or more before the start of the course: cancellable and refundable at 75% of the course fee (25% charge applicable)
  • 30 days or less: non-cancellable, non-refundable
  • Cancellations must be made by email by the Customer, the date on which the email is sent being taken as proof.

In the event of cancellation of the course by the Provider, all registrations will be refunded. The Provider accepts no responsibility for any costs already incurred by the Customer (transport, accommodation, etc.). No expenses will be reimbursed by the Provider.
In the event of a change of participant, the Customer may transfer their enrolment to another participant on the same course, excluding distance learning courses (e-learning), on the same dates, subject to the following conditions:

  • 8 calendar days before the course: the Customer may transfer their registration (for the same course) to another participant free of charge.
    registration (for the same course) to another participant, at no extra cost.
    additional cost
  • 7 calendar days or less before the course: the Customer may not transfer their enrolment
  • The transfer request must be made by the Customer by email, giving the details of the new participant (surname, first name, email address, telephone number), the date on which the email is sent being taken as proof.
  • The Customer may transfer their enrolment to the same type of course other than
  • distance learning
  • 31 days or more before the course: €180 postponement fee
  • 30 days or less before the course: postponement fee of 25% of the course price.
  • The transfer request must be made by email by the Customer, the date on which the email is sent being taken as proof.

Article 3 – Prices

The Services offered by the Provider are provided at the current prices displayed on the Website when the order is placed by the Provider. Prices are net and exclusive of tax for training courses. These prices are firm and non-revisable during their period of validity, as indicated on the Website, the Provider reserving the right, outside this period of validity, to modify the prices at any time.

The payment requested from the Customer corresponds to the total amount of the purchase.
An invoice is drawn up by the Service Provider and sent to the Customer upon signature of the quotation or receipt of payment, by e-mail.

Article 4 – Payment terms

The price is payable in cash and in full before the provision of the Services ordered, under the conditions set out in the article “Provision of Services” below, and as indicated on the invoice sent to the Client, by secure payment, either by bank card or by cheque made payable to Nova Consul.
The cheque will be cashed on receipt.

Payment data is exchanged in encrypted mode using the “TLS” protocol.
Payments made by the Customer will only be considered final once the amounts due have been collected by the Service Provider.
In the event of late payment and payment of the sums due by the Customer beyond the time limit set out above, and after the payment date shown on the invoice sent to the Customer, late payment penalties calculated at the monthly rate of 12% of the amount excluding VAT for training courses, will be automatically and automatically payable to the Service Provider, without any formality or prior formal notice.

Late payment will result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Service Provider may be entitled to take against the Customer in this respect. In addition, the Service Provider reserves the right, in the event of non-compliance with the payment terms set out above, to suspend or cancel the provision of the Services ordered by the Customer and/or to suspend the performance of its obligations.

The Customer may not be billed for any additional costs in excess of those borne by the Service Provider for the use of a means of payment.

Article 5 – Provision of Services

The Services ordered by the Customer will be provided on the date indicated on the quotation or website, from the date of receipt of the sums due in payment of the corresponding invoice and under the conditions set out in these General Terms and Conditions of Sale.

If the Service Provider does not comply with the order, for any reason other than force majeure, it undertakes to postpone the agreed date and, if this is not convenient for the Customer, to refund the sum paid, within 14 days of the date of cancellation of the contract, to the exclusion of any compensation or deduction.

In the absence of reservations or complaints expressly made by the Customer upon receipt of the Services, the latter shall be deemed to comply with the order, in terms of quantity and quality.
No complaint will be validly accepted if the Customer fails to comply with these formalities and deadlines.

Article 6 – Right of retraction

In the event that the Customer pays for the entire Service as a private individual and not as a professional, in accordance with Article L 121-21 of the French Consumer Code, the Customer has a withdrawal period of 14 days from the date of conclusion of the contract to exercise his right of withdrawal from the Service Provider and cancel his order, without having to justify his decision or pay any penalty, for the purpose of exchange or reimbursement, unless performance of the services has begun, with the Customer’s agreement, before the end of the withdrawal period.

The right of withdrawal may be exercised by e-mail or letter sent by post. An acknowledgement of receipt on a durable medium will then be immediately sent to the Customer by the Service Provider, or any other unambiguous statement expressing the Customer’s wish to withdraw.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Services ordered deducted from the bank charges associated with the payment will be reimbursed.

The sums actually paid by the Customer, less bank charges, will be reimbursed within a maximum of 14 days from receipt by the Service Provider of notification of the Customer’s withdrawal.

Article 7 – Liability of the Service Provider – Guarantee

The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Customer against any lack of conformity or latent defect resulting from a design or production fault in the Services ordered under the terms and conditions set out in the appendix to these General Terms and Conditions of Sale.

The Service Provider’s guarantee is limited to the reimbursement of the Services actually paid for by the Customer less bank charges and other deductions, and the Service Provider may not be held liable or in default for any delay or non-performance resulting from the occurrence of an event of force majeure as usually recognised by French case law. The Services provided via the Service Provider’s website comply with the regulations in force in France.

The Service Provider shall not be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for the choice of Services requested, to check.

Article 8 – Information Technology and Civil Liberties

Pursuant to the French Data Protection Act 78-17 of 6 January 1978, the Customer is reminded that the personal data requested from him/her is necessary for the processing of his/her order and, in particular, for the preparation of invoices.

This data may be communicated to any of the Service Provider’s partners responsible for the execution, processing, management and payment of orders. The processing of information communicated via the website has been declared to the CNIL.1673277 v 0

In accordance with national and European regulations in force, the Customer has a permanent right of access, modification, rectification and opposition with regard to information concerning him or her.

ARTICLE 9 – Intellectual property

The content of the Website is the property of the Service Provider and its partners and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright. In addition, the Service Provider remains the owner of all intellectual property rights, in particular on the teaching material, photographs, presentations, slides, PDF documents, drawings, videos and models produced, even at the Customer’s request, with a view to providing the Services to the Customer.

The Customer is therefore prohibited from reproducing or exploiting the said teaching material, in particular the photographs, presentations, slides, PDF documents, drawings, videos and models, without the express prior written authorisation of the Service Provider, which may make such authorisation conditional upon financial consideration.

Article 10 -Applicable law – Language

These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law. These General Terms and Conditions of Sale are written in French.
In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

Article11 – Litigation

All disputes to which the purchase and sale transactions entered into pursuant to these general terms and conditions of sale may give rise, concerning their validity, interpretation, performance, termination, consequences and consequences, and which cannot be resolved between the seller and the customer, shall be submitted to the competent courts under the conditions of common law.

The Customer is hereby informed that he/she may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Consumer Mediation Commission) in accordance with article L 534-7 of the French Consumer Code, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

Article 12 -Pre-contractual information – Customer acceptance

The Customer acknowledges having been informed, prior to placing his/her order, in a legible and comprehensible manner, of the present General Terms and Conditions of Sale and of all the information and details referred to in articles L111-1 to L111-7, and in particular:
-the essential characteristics of the Service, taking into account the communication medium used and the Service concerned:

  • the price of the Services and related costs (e.g. delivery);
  • in the absence of immediate performance of the contract, the date or deadline by which the Service Provider undertakes to deliver the Service;
  • information relating to the identity of the Service Provider and its postal address,
  • and its activities, if they are not apparent from the context,
  • information on legal and contractual warranties and how they apply terms and conditions;
  • the functionalities of the digital content and, where appropriate, its interoperability ;
  • the possibility of resorting to conventional mediation in the event of a dispute ;
  • Information on the right of withdrawal (existence, conditions, deadline, etc.),
    how to exercise this right and the standard withdrawal form), cancellation procedures and otherand other important contractual conditions. The fact that the Customer places an order on the Internet site implies full acceptance offull and entire acceptance of these General Terms and Conditions of Sale, which isexpressly recognised by the Customer, who waives the right to rely on any contradictory the Service Provider.

MODEL WITHDRAWAL FORM
Annex to article R 221-1 of the Consumer Code

(please complete and return this form only if you wish to withdraw from the contract)

Attention: ………………………………

I/we(*) ……………………………. hereby notify () my/our() withdrawal from the contrat for the sale of the goods()/ provision of the services (*) below :

Ordered on (*)/ received on(*) :

Name of consumer(s) :

Address of consumer(s) :

Signature of the Consumer(s) (only in the case of notification of this form on paper) :

Date

(*) Delete as appropriate