TERMS AND CONDITIONS OF SALE
1. Purpose and scope of application
1.1. The purpose of these General Terms and Conditions of Sale (GTC) and Participation is to define the conditions applicable to the sale of training courses by OPEN BRAIN SCHOOL (hereinafter referred to as “the Training Organisation”) to the Client.
Any order implies the Customer’s unreserved acceptance of these general terms and conditions of sale and participation. Unless formally and expressly waived by the Training Organisation, these conditions prevail over any other document of the Client, and in particular over any general purchase conditions.
These general terms and conditions of sale may be updated during the year. The website TO BE DEFINED always brings the latest version to everyone’s attention. These modifications cannot give rise to any right to compensation for the benefit of the Client.
1.2 These general conditions of sale and participation concern classroom training, including or not digital modules provided by the Client at a distance. They do not cover e-learning, which is subject to specific conditions available on the website TO BE DEFINED. Face-to-face training may be conducted on the premises of the Training Organisation, on premises rented by the Organisation or on the premises of the Client.
The training courses concerned are those offered in the catalogues and on the website of the Training Organisation TO BE DEFINED (“inter-training courses”) as well as training courses organised at the request of the Client on his behalf or on behalf of a closed group of clients (“intra-training”).
2. Registration procedures and contractual documents
2.1. Inter-institutional training
Any order placed expressly in writing (on a paper registration form, email or fax) or validated on our website is firm and definitive and constitutes the Client’s full and complete acceptance of these GTC. The Client then undertakes to be present at the scheduled dates, places and times. The order must necessarily indicate the Customer’s contact details (surname, first name, address, company name if applicable) and the training chosen (title, date).
For any registration, an acknowledgement of receipt is sent to the Client within 48 hours of receipt of the registration request, accompanied by a training agreement. This does not confirm that the training has been held. The Client is required to return a copy of the training agreement, stamped with the company seal, to the Training Organization.
Upon confirmation of the session being held no later than 10 working days before the training, the Client will receive an invitation and all practical information relating to his training, including the exact times and place of the training. The training location indicated on the communication materials is not contractual. Depending on the available rooms, the Training Organization may convene participants at another address in the same geographical area.
Within 10 working days following the training, the Training Organization sends the invoice for the training as well as the certificate of completion of the training to the persons indicated by the Client when placing the order. It is the Client’s responsibility to verify the accountability of the training action.
2.2. In-house training
All intra-group requests are the subject of a pedagogical and financial proposal from the Training Organisation. The formal acceptance by the Client of this commercial proposal must reach the Training Organisation at least 21 working days before the date of the first training. This is a definitive order and implies acceptance of the dates and places agreed.
At the end of the training, the Training Organisation sends the Client: invoice, copy of the list of candidates and evaluations. When the downloads or evaluations are carried out on the Customer’s support, the Customer undertakes to communicate them to the Training Organisation.
3. Training modalities
The Training Organisation is free to use the pedagogical methods and tools of its choice, which are within its sole competence.
For the quality of the training, a minimum and maximum number of participants are defined for each training course. The Organization undertakes not to exceed the number planned.
The duration of the training courses are specified on the website TO BE DEFINED and on the communication documents of the Training Organisation.
Intersection training can be provided in the Open Brain School Training Centre or at an external site. In-house training can be provided at the Client’s premises and with the logistical means provided by the Client (at a minimum, a computer, a video projector and a flipchart).
Participants in training courses conducted in the Open Brain School Training Centre are required to comply with the Centre’s internal regulations. If the training takes place outside the Open Brain School Training Centre, participants are required to respect
4. Selling price
4.1. Inter-institutional training
The prices of international training courses are indicated in Euros excluding taxes on the Organization’s communication materials and on the registration form. Any catering and support costs included in the registration form an integral part of the service and cannot be deducted from the sale price.
The discounts and commercial offers proposed by the Training Organisation cannot be combined with each other. Any training started is due in full. In the case of training cycles or courses, the prices include a discount that cannot be combined with any other special offer or discount. The cycle or journey started is due in its entirety.
4.2 In-house training
The prices of in-house training courses are indicated on the commercial proposal sent to the Client. The costs related to tools, teaching materials (including documentary files and digital supports), room rentals, travel and accommodation costs for trainers are invoiced in addition.
5. Payment and handling conditions
5.1. Invoices are payable upon receipt or, where applicable, according to the agreed schedule, by cheque or transfer.
In the event of late payment, penalties equal to three times the legal interest rate in force will be automatically payable without the need for a reminder, as well as a flat-rate compensation for recovery costs in the amount of 40 euros.
In the event of absence or delay in payment, the Training Organization reserves the right to suspend or refuse any new order until the account is cleared. The Training Organisation may refuse to deliver the training concerned without the Client being able to claim any compensation, for any reason whatsoever, nor to benefit from any credit note or refund. Any subsequent payment will be charged in priority to the extinction of the oldest debt.
5.2 In the event that a collecting body takes charge of the payment, it is the Client’s responsibility:
– to make a request for support before the beginning of the training and to ensure that this request is successfully completed;
– to indicate it explicitly on his registration form or on his order by indicating the complete contact details of the collecting body;
– to transmit the agreement to take charge before the training date;
– to ensure that the payment is properly completed by the body it has designated.
If the Training Organisation has not received the OPCA on the 1st day of the training, the Client will be invoiced for the full cost of the training.
If the collecting body only partially covers the cost of the training, the remainder will be invoiced to the Client.
In the event of non-payment by the training fee collector, the Client will be liable for the full cost of the training and will be invoiced the corresponding amount, plus any penalties for late payment.
5.3. In the event of registration for a course or cycle of training, the training must be completed within twelve months of registration. An invoice is sent at the end of each training course or cycle. The costs of coaching and skills assessment are invoiced with the first training. In the event that the Client cancels his participation in one of the courses of the course or cycle, he will have to pay the cancellation fees related to the course as well as the difference between the catalogue price not discounted and the price agreed on the courses in which he participated.
6. Cancellation, modification or postponement of training courses by the Training Organization
The Training Organisation reserves the right to cancel or postpone a training course, in particular when the number of participants in this course is deemed pedagogically inappropriate, and to inform the Client at the latest 10 working days before the date of the course.
The Training Organisation reserves the right to replace a failing trainer with a person with equivalent technical skills or undertakes to postpone training as soon as possible.
When the postponement of the training to a later date is not possible and no other session is scheduled, the Training Organisation shall refund the full registration fee excluding any other cost. If the cancellation occurs, without possible postponement or subsequent session, within 10 days of the training, the Training Organisation undertakes to reimburse in addition, on presentation of supporting documents, the transport costs of the Client who could not have obtained a direct reimbursement from his carrier.
7. Cancellation, postponement of participation or replacement of the participant by the Client
7.1. Inter-institutional training
The Client may request the cancellation or postponement of his participation in an international training course, free of charge, if the written request is received by the Training Organisation at least 16 working days before the date of the course (postal address: Open Brain School – 47 boulevard de l’Hôpital – 75013 Paris – email: firstname.lastname@example.org). Cancellation or postponement is effective after confirmation by the Training Organization with the Client.
In the event that the Client cancels his participation between 15 and 9 working days before the start date of the training, the Training Organisation will invoice him 50% of the price of the training, not stored.
If the cancellation occurs within 8 days before the date of the training, the Training Organization will invoice him 100% of the unstored price.
In the event of absence from training, delay, partial participation, abandonment or early termination for any reason other than duly recognized force majeure, the Client shall be liable for the full amount of his training.
In the event of absence for health reasons justified by a medical certificate, the defaulting participant may postpone his registration to the next scheduled session. Failing this, he will be entitled to the full amount of his training.
The Client may request the replacement of the participant, free of charge, until the day before the training. The request for replacement must be made in writing to the Training Organization and must include the name and contact information of the replacement. It is then up to the Client to verify the adequacy of the participant’s profile and objectives with those defined in the training program.
7.2. In-house training
The Client may request the cancellation or postponement of an intra-company training course.
If this request is received by the Training Organization, in writing, at least 21 working days before the date of the training, only the costs incurred for the preparation (preparation by the trainer and the teaching team, room rental, travel, accommodation) will be invoiced to the Client.
If this request is received by the Training Organization between 20 and 10 working days before the date of the training, the Client will be invoiced 50% of the price of the training, plus the costs incurred for the preparation (indicated above).
If this request is received by the Training Organization less than 10 working days before the training, the Client will be invoiced 100% of the price of the training, plus the costs incurred for the preparation.
These costs are not attributable by the company to the mandatory financial contribution for training.
If the cancellation is accompanied by a scheduled postponement within three months of the cancelled training, a 25% discount will be granted on the cost of the postponed training..
The Training Organisation is authorised to subcontract part or all of the performance of the services covered by this contract. All the Customer’s obligations arising therefrom shall apply only to the Training Organisation, which shall remain liable to the Customer for all obligations arising from this contract.
9. Intellectual property and copyright
9.1. The paper or digital materials provided during the training or accessible online as part of the training are the property of the Training Organization. They may not be reproduced in whole or in part without the express consent of the Training Organisation.
All texts, comments, works, illustrations and images reproduced on these supports are protected by copyright and for the whole world. Any use other than that provided for for training purposes is subject to prior authorization by the Training Organization under penalty of prosecution.
The Client also undertakes not to compete directly or indirectly with the Training Organization by assigning or communicating these documents.
9.2. The Training Organization is authorized to use the Client’s corporate name, trade name or trademarks as a commercial reference, on any communication medium, without the Client’s prior authorization.
10. Protection of personal data
The personal data that you communicate to the Training Organisation is intended for the management of requests, orders and subscriptions, and for the constitution of a customer file for commercial prospecting purposes.
They may be passed on to third parties responsible for carrying out these tasks. It is collected by the Training Organisation, which is responsible for processing it in the name and on behalf of the INSTITUT DU CERVEAU ET DE LA MOELLE EPINIERE, whose declaration of existence is registered under number 11755826975 with the Prefect of Ile-de-France, and whose head office is located at 47 boulevard de l’Hôpital in PARIS (75013).
The data is kept and used for a period of time in accordance with the legislation in force.
In accordance with the amended “Informatique et Libertés” law of 6 January 1978, and the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, you have a right of access, rectification, portability, deletion or limitation of the processing of your data.
You may object to the processing of your data and have the right to withdraw your consent at any time by contacting email@example.com.
In accordance with Article 40 of the aforementioned law, all requests must be accompanied by a photocopy of a valid identity document signed by the applicant and mention the address at which the Training Organisation may contact the applicant.
A reply will be sent within one month of receipt of the request. You may also contact the Institute’s Data Protection Officer at the following address: firstname.lastname@example.org.
Finally, if you deem it necessary, you may lodge a complaint with the CNIL.
11. Complaints, jurisdiction to award
Any complaint from the Client must be made in writing to the Training Organisation (postal address: Open Brain School – 47 boulevard de l’Hôpital – 75013 Paris – email: email@example.com), which will endeavour to reply as soon as possible.
Any dispute that has not been settled amicably will be brought before the Paris courts.