General Terms and Conditions of Sale BJO Formation

DEFINITIONS

  • INTER-ENTERPRISE TRAINING
    Courses and inter-enterprise training programmes:
    Bespoke training or training sessions from our catalogue provided to companies and/or individuals on our premises or any premises provided by BJO FORMATION.
  • INTRA-ENTERPRISE TRAINING
    Bespoke training or training sessions from our catalogue provided to a Client on our premises, on the Client’s premises or any premises provided by the Client or by BJO FORMATION.

PURPOSE AND SCOPE

Any training order implies full acceptance by the Client of these General Terms and Conditions of Sale which prevail over any other document provided by the Client, including any general terms and conditions of purchase.

CONTRACTUAL DOCUMENTS

BJO FORMATION will send to the Client 2 copies of an Ongoing Professional Education Agreement drafted according to art. L6353-1 and L6353-2 of the French Labour Code. The Client agrees to send back as soon as possible one signed copy of the document bearing the company stamp to BJO FORMATION.
A certificate of attendance can be sent to the Client if requested.

INTER-ENTERPRISE TRAINING

  • Booking and Payment: Booking is secured upon full payment of the invoice. Therefore as long as the Client has not fulfilled its payment obligations, as detailed below, BJO FORMATION expressly reserves the right to freely dispose of the sessions booked by the Client. Invoices are issued when applications are completed. Meals are not included in the training fees. They will come as an extra and will be added to the invoice unless instructed otherwise when booking.
  • Opening a training session: BJO FORMATION shall reserve the right to postpone or cancel a training session without any compensation, a week before the starting date at the latest, for pedagogical reasons or due to an insufficient number of participants.
  • Cancellation or rescheduling by the Client: Any cancellation by the Client shall be communicated in writing to BJO FORMATION. The full amount of the training fee shall be immediately payable, as a contractual compensation, for any cancellation notified by the Client less than 10 working days before the starting date of the training session.

INTRA-ENTERPRISE TRAINING

  • Booking and Payment: A commercial and financial proposal shall first be submitted by BJO FORMATION. A down payment of 30% shall be paid upon booking. The balance shall be payable upon receipt of the invoices issued as and when the training sessions progress. BJO FORMATION reserves the right to suspend any ongoing and/or future training session should the Client fail to settle an invoice on its due date and after 5 working days following the reception of a formal notification. Meals are not included in the training fees. They will come as an extra and will be added to the invoice unless instructed otherwise when booking.
  • Opening a training session: BJO FORMATION shall reserve the right to postpone or cancel a training session without any compensation, a week before the starting date at the latest, for pedagogical reasons or due to an insufficient number of participants.
  • Cancellation or rescheduling by the Client: Any cancellation by the Client shall be communicated in writing to BJO FORMATION. 30% of the training fee shall be immediately payable, as a contractual compensation, for any cancellation notified by the Client less than 10 working days before the starting date of the training session.

PRICES AND PAYMENTS

All our prices are given in euros and without tax. Applicable VAT shall be added. Any started training session is due in full.
Invoices are payable in euros to BJO FORMATION, 30 days from date of invoice and without discount. Any amount unpaid on due date will give rise to the payment of late penalties, at a rate of 10 percentage points above the interest rate applied by the European Central Bank to its most recent refinancing transaction.
These penalties are payable as of right pursuant to art L.441-6 of the French Commercial Code, upon receipt of the notice informing the Client that penalties have been charged to its account.
In addition to these late penalties, the Client shall pay a fixed sum of € 40 as a compensation for recovery costs pursuant to art L.441-6 and art D.441-5 of the French Commercial Code. BJO FORMATION nonetheless reserves the right to claim further compensation, on justification, when costs actually incurred are higher than this amount.

Règlement par un OPCA

Si le Client souhaite que le règlement soit émis par l’OPCA dont il dépend, il lui appartient :

  • de faire une demande de prise en charge avant le début de la formation et de s’assurer de la bonne fin de cette demande ;
  • de l’indiquer explicitement sur son bulletin d’inscription ou sur son bon de commande ;
  • de s’assurer de la bonne fin du paiement par l’OPCA qu’il aura désigné.

Si l’OPCA ne prend en charge que partiellement le coût de la formation, le reliquat sera facturé au Client.
Si BJO FORMATION n’a pas reçu la prise en charge de l’OPCA au 1er jour de la formation, le Client sera facturé de l’intégralité du coût du stage.
En cas de non-paiement par l’OPCA, pour quelque motif que ce soit, le Client sera redevable de l’intégralité du coût de la formation et sera facturé du montant correspondant.

ORDER REFUSAL

In cases where a Client is placing an order with BJO FORMATION without having paid a previous order, BJO FORMATION may refuse the order and delivery of the relevant training, without the Client being entitled to any compensation for any reason whatsoever.

INFORMATIQUE ET LIBERTE

The Client is made aware that personal information communicated to BJO FORMATION for the purpose of processing and completing the orders and/or sales, could be communicated to BJO FORMATION contractors for the sake of responding to said orders. In accordance with the French Data Protection Law n°78-17 dated 6 August 2004, the Client has the right to access, modify, and delete its personal data. The Client can exercise this right by mail or e-mail sent to BJO FORMATION.

Communication

The Client expressly authorizes BJO FORMATION and its subsidiaries to mention in all their business documents, the Client’s name, and logo and to make reference to an order and to any activity related to an application from the Client.

RENUNCIATION

Should BJO FORMATION choose not to exercise the right to apply any clauses of the present General Terms and Conditions of Sale at a given time, this shall not be interpreted as a renunciation to exercise the right to any of said clauses at a later date.

APPLICABLE LAW

General Terms and Conditions of Sale and all relationships between BJO FORMATION and its Clients are subject to French law.

JURISDICTION

Any dispute which cannot be settled by mutual agreement will be submitted to the EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF PARIS (Tribunal de Commerce de Paris), regardless of the registered office or residence of the Client, despite multiple defendants or introduction of third parties. This jurisdiction clause does not apply to any dispute with a non-professional Client for which the legal rules of material and geographical competences will apply. This clause is stipulated in the interest of BJO FORMATION which reserves the right to waive it as it deems appropriate.

ELECTION OF DOMICILE

BJO FORMATION elects domicile at its registered office at: 58, rue du Louvre – 75002 Paris, France