General terms and conditions of sale

DEFINITIONS

ComColors Partners training activity declaration registered under no. 11 910603291 with the Evry prefecture, this registration does not constitute government approval, Siret no. 42004378800041, NAF 8559 A.

Customer: any individual or legal entity who registers with ComColors Partners or places an order for training.

GCS: General Terms and Conditions of Sale

PURPOSE AND SCOPE

Any order for training implies unreserved acceptance by the customer and full and complete adherence to these GCS, which, unless otherwise agreed in writing between the parties, prevail over any other document of the customer, and in particular over any general conditions of purchase.

For certain training courses, special terms and conditions of sale specify or supplement these GTCS. The special terms and conditions of sale may appear following these GTCS or on the quotation or order form, or may be sent to the customer together with one of these documents. In the event of any contradiction between the special terms and conditions of sale and these GTCS, the provisions of the special terms and conditions of sale shall prevail.

CONTRACTUAL DOCUMENTS

ComColors Partners will send the Customer a continuing professional education agreement drawn up in accordance with articles L6353-1 and L6353-2 of the French Labour Code. The Customer undertakes to return a signed copy bearing its commercial stamp to ComColors Partners as soon as possible.

A certificate of attendance can be sent to the customer on request.

TAKING REGISTRATIONS INTO ACCOUNT

– For corporate customers: enrolment is only validated on receipt of the deposit, if applicable (amount indicated on the training agreement or the order form valid as a training agreement) and, secondly, the training agreement or order form valid as a training agreement, signed and bearing the company’s commercial stamp.

– For individuals: registration will only be validated on receipt of the signed training contract and a deposit of 30% of the course price. Payment of this deposit can only be demanded on expiry of the 10-day withdrawal period starting from the date on which the contract is signed.

– Participation in the courses provided by the Training Organisation implies that the Customer has checked that the course participants have the required knowledge and/or skills to be able to follow the courses, and that, where applicable, the Customer informs the Training Organisation of the arrangements made or to be made for the reception, access and support of people with disabilities, so that these specific requirements can be taken into account.

PROGRAMME CONTENT AND DELIVERY OF TRAINING COURSES

The content of the programmes, as shown on the course presentations, is provided for information only. ComColors Partners or its subcontractors reserve the right to modify them according to current events, the level of participants or the dynamics of the group.

FINANCIAL CONDITIONS

A commercial and financial proposal will be drawn up in advance by ComColors Partners. A deposit of 30% may be requested from the customer when the order is signed.

The remainder is due on receipt of the various invoices issued as the training courses progress.

In the event of non-payment in full of an invoice that has fallen due, after formal notice has remained without effect for 5 working days, ComColors Partners reserves the right to suspend all current and/or future training courses.

CONDITIONS FOR CANCELLATION OF TRAINING COURSES BY THE CUSTOMER

Any cancellation by the customer must be notified in writing.

By the corporate customer:

  • For any cancellation communicated by the customer between 30 and 16 clear days before the start of the training session, ComColors Partners will only invoice the sums that have actually been spent or committed to carry out the training action.
  • For any cancellation communicated by the customer between 15 and 10 clear days before the start of the training session, 50% of the amount of the training will be invoiced by ComColors Partners to the customer.
  • For any cancellation communicated by the customer less than 10 clear days before the start of the training session, 100% of the cost of the training will be invoiced by ComColors Partners to the customer.

By the individual customer:

  • When the request for cancellation is received by ComColors Partners after the expiry of the withdrawal period and before the start of the training course, ComColors Partners will retain the deposit (or the invoice if it has not been received), if applicable, except in cases of force majeure.
  • Once the training has begun, if, as a result of a duly recognised case of force majeure (an unforeseeable, irresistible event beyond the control of the individual), the individual Customer is unable to continue the training, the contract will be terminated ipso jure and the training services actually provided will be invoiced pro rata temporis for their value as set out in the contract, less any sums already invoiced and/or paid. In the absence of force majeure, once the course has begun, any cancellation, abandonment or interruption will result in the full price of the course being invoiced, less any sums already invoiced and/or paid.

CONDITIONS FOR CANCELLATION OF TRAINING BY ComColors Partners

  • ComColors Partners reserves the right to cancel or postpone a training session if the minimum number of participants is not reached.
  • In the event of postponement, ComColors Partners will propose new dates: if the Customer accepts, the sums already paid will be deducted from the price of the new training session; if the Customer refuses, these sums will be reimbursed.
  • In the event of early termination of the training by ComColors Partners for a reason beyond its control, the contract is terminated ipso jure and the training services actually provided are invoiced on a pro rata temporis basis of their contractual value, less any sums already invoiced and/or paid.
  • In all cases, the cancellation or postponement of the training course may not give rise to the payment of damages on any grounds whatsoever.

DEMATERIALISATION OF MATERIALS

Whenever possible, dematerialised media will be used for training sessions.

​PRICES AND PAYMENT

All our prices are quoted in euros and include all taxes.

Invoices are payable in euros, within 30 days of the invoice date, without discount and made payable to ComColors Partners.

Payments must be identifiable by invoice number, customer name and/or SIRET number.

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 payable ipso jure, upon receipt of the notice informing the customer that they have been debited.

In addition to the penalties for late payment, the customer will be liable to pay a fixed indemnity of €40 for collection costs in accordance with articles L441-6 c. com. and D. 441-5 c. com. ComColors Partners nevertheless reserves the right to claim additional compensation, on justification, when the costs actually incurred exceed this amount.

PAYMENT BY A THIRD-PARTY FUNDER

If the customer wishes payment to be made by a third party (OPCA, etc.), it is the customer’s responsibility to :

  • make a request for payment before the start of the course and ensure that this request is properly completed
  • stating this explicitly in the agreement, contract or order form;
  • make sure that the payment is completed by the third party you have designated.

If the third party only partially covers the cost of the training, the remainder will be invoiced to the Customer.If ComColors Partners has not received payment from the third party by the 1st day of the course, the Customer will be invoiced for the full cost of the course.

In the event of non-payment by the third party, for whatever reason, the Customer will be liable for the full cost of the training course and will be invoiced for the corresponding amount.

ORDER REFUSAL

In the event that a customer places an order with ComColors Partners without having paid for the previous order(s), ComColors Partners may refuse to honour the order and deliver the training courses concerned, without the customer being able to claim any compensation whatsoever, for whatever reason.

INFORMATION TECHNOLOGY AND CIVIL LIBERTIES

Personal information communicated to ComColors Partners in application and in the execution of orders and/or sales may be communicated to the contractual partners of ComColors Partners for the purposes of said orders.

In accordance with law n°78-17 of 6 January 1978, known as the Loi Informatique et Libertés, updated by the law of 6 August 2004, the customer has a right of access, rectification and opposition to personal data concerning him. This right may be exercised by sending a request by e-mail or by post to ComColors Partners.

INTELLECTUAL PROPERTY RIGHTS

Subject to full payment of the price of the training session, ComColors Partners may transfer to the customer the rights of reproduction, use, distribution, adaptation, modification and exploitation of the training materials, for exclusively internal use and under conditions to be defined in writing between the parties. In the absence of a written agreement, the Customer is prohibited from using, transmitting, reproducing, exploiting or transforming all or part of the documents used to prepare, run or monitor ComColors Partners training courses.

This prohibition applies in particular to any use made by the customer with a view to organising or running training courses not delivered by ComColors Partners.

LIABILITY

ComColors Partners may be held liable for any direct damage suffered by the customer and resulting from the execution of the training courses.

The indemnity due to the client, in compensation for its loss, may not exceed the amount corresponding to the sums paid by the client to ComColors Partners in respect of the calendar year during which the loss occurred.

Any registration for a training course implies that the trainee complies with the internal regulations applicable to the premises concerned, which will be brought to his/her attention.

ComColors Partners cannot be held responsible for any damage to or loss of objects or personal effects brought by trainees.

It is the responsibility of the client/trainee to check that their personal and/or professional insurance covers them during training sessions.

CONFIDENTIALITY

All information (other than that which is accessible to the public) of which ComColors Partners or the customer has knowledge or which has been communicated by the other party or by a customer 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 authorised to communicate the aforementioned information to its employees and/or any authorised 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 end or termination of the contract or purchase order, at the request of the other party. The parties will be bound by this obligation of confidentiality for a period of two years from the termination of their contractual relationship.

COMMUNICATION 

The customer expressly authorises ComColors Partners to mention its name, its logo and to mention as references the subscription to an order and any operation resulting from its application in all their commercial documents.

WAIVER 

The fact that ComColors Partners does not avail itself at a given time of any of the clauses herein, shall not constitute a waiver of its right to avail itself of the same clauses at a later date.

APPLICABLE LAW

These general terms and conditions and all relations between ComColors Partners and its customers are governed by French law.

ATTRIBUTION OF COMPETENCE 

All disputes which cannot be settled amicably will fall within the exclusive jurisdiction of the Commercial Court of Evry (91) whatever the registered office or residence of the customer, notwithstanding multiple 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 ComColors Partners, which reserves the right to waive it if it sees fit.

Dernière mise à jour le 19 February 2024