General terms and conditions of sale

Object

These General Terms and Conditions (GTC) apply to all offers relating to our training services. By registering for one of our sessions, the client fully and unreservedly agrees to these GTC. Any contrary condition and in particular any general or particular condition opposed by the customer cannot, unless formally and in writing accepted, prevail over these GTC, regardless of when it may have been brought to his attention.These GTC may change from time to time. The most up-to-date applicable version is the one available on the website https://lacapsule.academy on the date of the order. The customer also acknowledges that, prior to any order, he/she has received sufficient information and advice from La Capsule, allowing him/her to ensure that the service offer meets his/her needs.

Ordering

Any order implies that the customer accepts the program on the https://lacapsule.academy website on the date of his order. Any order implies that the customer accepts the content of the training session described in the training contract of which the customer has a copy. The signature of the contract and/or quotation implies the knowledge and irrevocable and unreserved acceptance of these conditions, which may be modified by La Capsule at any time, without notice, and without this modification giving rise to any right to compensation for the benefit of the customer.

Prices and payment terms

Our prices are established in euros all taxes included. The invoice is sent to the customer at the beginning of the service. In the event of payment made by an Authorized Joint Collector Organization (OPCA), it is the client's responsibility to make the request for payment before the start of the training with the OPCA on which he depends. The funding agreement must be communicated no later than the beginning of the training session. In the event of partial coverage by the OPCA, the difference will be invoiced directly to the client. If the agreement to take over the OPCA does not reach us on the first day of the training, the client may be charged the full cost of the training. In the event of non-payment by the customer's OPCA, whatever the cause, the invoice becomes payable to the customer. Any session started is considered as due in its entirety.

Interruption of the internship

In the event of early termination of training by the training organisation or abandonment of the traineeship by the trainee for reasons other than duly recognised force majeure, this contract shall be terminated in accordance with the following financial terms :

  • Payment of the hours actually followed according to the pro rata temporis rule in the event of early termination of training due to the training organisation.
  • No payment will be made as compensation for hours not followed due to the trainee.

If the trainee is prevented from attending the training due to duly recognised force majeure, the vocational training contract shall be terminated. In this case, only the services actually provided are due pro rata temporis to their value provided for in the contract.

Force majeure

La Capsule cannot be held liable to the customer in the event of non-performance of its obligations resulting from an event of force majeure. Are considered as cases of force majeure or fortuitous events, in addition to those usually recognized by the jurisprudence of French courts and tribunals and without this list being restrictive: the illness or accident of a consultant or training leader, strikes or social conflicts within or outside La Capsule, natural disasters, fires, failure to obtain visas, work permits or other permits, laws or regulations subsequently put in place, interruption of telecommunications, interruption of energy supply, interruption of communications or transportation of any kind, or any other circumstance beyond La Capsule's reasonable control.

Limitations of liability of the Capsule

La Capsule cannot be held liable under any circumstances for any technical failure of the equipment or any cause unrelated to La Capsule. Regardless of the type of service, La Capsule's liability is expressly limited to compensation for direct damage proven by the customer. La Capsule's liability is limited to the amount of the price paid by the customer for the service in question. Under no circumstances shall La Capsule be held liable for indirect damages such as loss of data, file(s), operating loss, commercial loss, loss of profit, damage to image and reputation.

Cancellation of an internship

La Capsule reserves the right to cancel any course in case of lack of participants or technical or logistical problems without any compensation. In this case, trainees will be notified at least one week before the start of the internship. New dates or sites will be proposed to them, which will result in a new order.

Regulations

Invoices may be paid by cheque or bank transfer. Invoices are payable at the latest within 30 days of the invoice date, net and without discount unless otherwise indicated on the invoice. Any delay in payment in relation to this due date will automatically result in :

  • interest for late payment at the rate of 3 times the legal interest rate.
  • the immediate payment of unmatured invoices.

In addition, in accordance with Article L 441-6 of the French Commercial Code, any payment made after the due date will give rise to the payment of a fixed indemnity of 40 euros for recovery costs. An additional indemnity may be claimed, on presentation of proof, if the recovery costs incurred exceed the amount of the fixed indemnity. La Capsule also reserves the right to suspend or cancel services in progress, without being able to give rise to damages for the client. All applicable duties and taxes are charged in addition, in accordance with applicable laws and regulations.

Intellectual Property

The client undertakes not to use the content of the training to train persons other than its own staff and is liable on the basis of Articles L. 122-4 and L. 335-2 and following of the Intellectual Property Code in the event of unauthorised transfer or communication of the content. Any reproduction, representation, modification, publication, transmission, denaturing, total or partial reproduction, in whole or in part, of the contents of the training courses is strictly prohibited, regardless of the process and medium used. The client would be liable if unauthorized use was made of the software or training support.

Protection of personal data

As the person responsible for processing the file of his staff, the customer undertakes to inform each user that :

  • personal data concerning him/her are collected and processed by La Capsule for the purpose of carrying out and monitoring the training.
  • The user's connection and training path are data accessible to its services.
  • In accordance with Law No. 78-17 of 6 January 1978, the user has the right to access, modify and rectify personal data concerning him/her and that to this end, an online request specifying the identity and e-mail address of the applicant may be sent to La Capsule.

The customer is responsible for the conservation and confidentiality of all data concerning the user to which he has had access.

Applicable law - allocation of jurisdiction

These GTC are governed by French law. IN THE EVENT OF A DISPUTE ARISING BETWEEN THE CLIENT AND THE CAPSULE DURING THE EXECUTION OF THE CONTRACT, AN AMICABLE SOLUTION WILL BE SOUGHT AND, FAILING THIS, THE SETTLEMENT WILL BE THE RESPONSIBILITY OF THE COMMERCIAL COURT OF LYON. The fact of placing an order implies the acceptance of these general terms and conditions of sale.