Terms and conditions of sale
Art. 1 - Purpose
The purpose of these general terms and conditions of sale (the "GTCS") is to define the conditions under which the Centre Européen de la Négociation (hereinafter "CENEGO") provides the customer, a professional buyer (hereinafter the "Customer") who accepts it, with training in face-to-face or distance learning format (hereinafter the "Training").
The Client and the Centre Européen de la Négociation are individually the "Party" or collectively the "Parties".
The range of services developed complies with circular no. 2001/22 of 20 July 2001 from the Délégation Générale à l'Emploi et à la Formation Professionnelle (General Delegation for Employment and Vocational Training) on open and distance learning (e-learning).
The Customer acknowledges that acceptance of these GTC means that its own General Terms and Conditions of Sale (GTCS) and General Terms and Conditions of Purchase (GTCP) do not apply. Receipt of the online registration form and/or the signed quotation and/or payment of the invoice issued by the Training Organisation implies the Customer's full and unreserved acceptance of these GTC, with the Customer acknowledging that he/she is fully aware of them.
Art. 2 - Availability and enforceability of the GCS
The GCS are available to the Customer on the website of the European Negotiation Centre (cenego.com). They may be modified at any time at the discretion of CENEGO, with immediate application. If any clause of the GTC is declared invalid, it will be deemed unwritten, but this will not invalidate either these GTC or the Training Course concerned. The fact of not claiming the application of one of the provisions of the GCS or of acquiescing in its non-execution, whether permanently or temporarily, cannot be interpreted as a waiver of its application.
Validation of the order by its confirmation and/or any signed quotation implies acceptance by the Customer of the General Terms and Conditions in force on the day of the order, which the professional vendor is responsible for keeping and reproducing in accordance with article 1127-2 of the French Civil Code. The Centre Européen de la Négociation reserves the right to revise these general terms and conditions at any time, with the new terms and conditions applying to all new orders, regardless of the previous relationship between the training organisation and the Customer.
The new GTC are available on the https://cenego.com/ website. A copy of the new GTCs can be given to the Customer on request.
Art. 3 - Order procedures
Any quotation signed and/or the fact of placing an order implies the Customer's full and unreserved acceptance of these GCS, and the Customer undertakes to ensure that all its employees comply with them.
The order is deemed firm and definitive when the Customer returns, by any means, the signed quotation and/or order form (by electronic means or by post). The Customer acknowledges that, prior to signing the order form/quotation, he/she has received sufficient information and advice from the Centre Européen de la Négociation, enabling him/her to ensure that the services offered are suited to his/her needs.
CENEGO reserves the right to refuse any order for legitimate reasons.
Art. 4 - Pricing
Prices for Inter-company modules can be consulted on our training organisation's website and in the current year's training catalogue.
Our inter-company rates are all-inclusive. Lunches, books and coffee breaks are included.
If one or more participants register for an Inter-company course using the same online form, the Customer will benefit from immediate discounts from the 2nd course ordered:
- 5% on the 2nd course,
- 7% on the 3rd training course,
- 10% on the 4th course or more (discounts cannot be accumulated).
The rates negotiated for Executive Contracts take precedence over the above rates.
Prices for in-company modules, coaching and mediation services and tailor-made training packages are specified in the quote.
Sales prices are quoted in euros excluding VAT (except for private customers, who are quoted inclusive of VAT). The total amount due by the Customer is indicated on the quotation.
Registration is carried out :
- in the name of the natural person taking part in the course ;
- in the name of the Customer, company or contracting institution, appearing on the online registration/quotation form, and paying the course fee.
Any course or cycle started is payable in full by way of compensation, even if the participant has not shown up, without written justification.
Art. 5 - Regulations
The full price of the course must be paid in accordance with your terms and conditions.
- on receipt of invoice, or
- within 30 days of the end of the month, or
- 60 days end of month for public institutions.
Payment must be made by bank transfer or cheque made payable to the Centre Européen de la Négociation.
In the event of late payment, penalties equal to three (3) times the legal interest rate in force on the date of the order will be payable by operation of law without the need for a reminder, as well as a fixed indemnity for collection costs of forty (40) Euros. In addition, any subsequent payment, whatever the cause, will be charged immediately and by priority to the extinction of the oldest of the debts.
In the event of payment being made by an OPCO, it is the responsibility of the beneficiary to ensure that the payment has been properly completed by the organisation concerned. In the event of partial reimbursement by the OPCO, the part not reimbursed will be billed directly to the Customer. If the OPCO's agreement to cover the costs does not reach the training organisation by the first day of the course, the training organisation reserves the right to invoice the Customer for the full cost of the course.
The European Negotiation Centre reserves the right to to refuse any registration from a Customer on legitimate and non-discriminatory grounds, and in particular to refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
Art. 6 - Cancellations / postponements
The CENEGO will maintain the maximum number of sessions. However, if the number of participants in a course is deemed insufficient for pedagogical reasons, the European Negotiation Centre reserves the right to cancel the course, at the latest one week before the scheduled date. The registration fees previously paid to the CENEGO will then be reimbursed in full.
The Centre Européen de la Négociation reserves the right to postpone the course, change the venue, the content of the programme or the trainers, while maintaining the same educational quality of the initial course, if circumstances beyond its control oblige it to do so (all cases of force majeure as defined by article 1218 of the French Civil Code, state of emergency, transport strike, pandemic, illness of the trainer, insufficient number of participants, etc.).
The CENEGO is authorized to subcontract in whole or in part the performance of the services covered by this contract. All obligations of the Customer arising therefrom shall apply only to the CENEGO and the CENEGO shall remain liable to the Customer for all obligations arising from this contract.
a) Cancellation and postponement conditions for inter-company courses :
Any cancellation may be made by the Customer free of charge, provided that the cancellation is received by CENEGO in writing, at least 22 working days before the start of the course.
For any cancellation made by the Customer less than 22 working days before the start date of the training session, the CENEGO will invoice the following fees:
- 50% of the amount of the quote between 14 and 21 working days before the first day of training
- 75 % of the amount of the quote between 8 and 13 working days before the first day of training
- 100% of the amount of the quote less than 7 working days before the first day of training
b) Cancellation and postponement conditions for in-company courses :
Any cancellation may be made by the Customer, free of charge, if this is received by CENEGO in writing at least 30 working days before the contractual date.
For any cancellation made by the Customer less than 30 working days before the start date of the training session, the CENEGO will charge the following fees:
- 50% less than 30 working days before the first day of training
- 75% less than 21 working days before the first day of training
- 100% less than 15 working days before the first day of training
If a preparation cost was foreseen, this will be invoiced if the preparation has already been carried out, as well as any cancellation or room reservation penalties if the Customer has entrusted CENEGO with the provision of this service.
Art. 7 - Liability - Compensation
The Client undertakes to take out and maintain, in advance and for the duration of the training, Civil Liability insurance covering bodily injury, material and immaterial damage, direct and indirect, likely to be caused by his actions to the detriment of the Centre Européen de la Négociation. In the event of liability incurred by the Centre Européen de la Négociation towards the Client, the training organisation has taken out Civil Liability insurance.
The Centre Européen de la Négociation specifies in its programmes the initial level (pre-requisite) to follow each of its training courses in the best conditions. It is the Client's responsibility to ensure that any participant enrolled in a Centre Européen de la Négociation inter-company / intra-company training course has followed the pre-requisites indicated on the corresponding training module. Consequently, the training organisation cannot be held responsible for any mismatch between the training followed and the initial level of the participants.
The Centre Européen de la Négociation reserves the right to exclude from any classroom training course, at any time, any participant whose behaviour interferes with the smooth running of the course and/or is in serious breach of the conditions set out in the Rules of procedure and the Participant and Manager Charter.
Under no circumstances may the European Negotiation Centre be held liable for indirect damage such as loss of data or files, operating loss, commercial loss, loss of earnings or damage to the Customer's image or reputation.
The Training Organisation's liability may only be incurred in the event of proven fault or negligence and will be limited to the direct damage suffered by the Customer, to the exclusion of any indirect damage of any nature whatsoever and in particular any loss of opportunity, customers, results, operating or commercial damage or loss of data and/or files. In any event, should the Training Organisation be held liable, the total amount of all sums payable by the Training Organisation may not exceed the total amount of the price paid by the Customer for the Training in question.
In all cases, the responsibility of the European Negotiation Centre is excluded in the event of force majeure.
Art. 8 - Confidentiality and intellectual property
The Centre Européen de la Négociation is the sole owner of the intellectual property rights relating to the training courses it provides, so that all the teaching aids, whatever their form (paper, digital, oral, etc.) used in the context of the order remain its exclusive property.
The Client is prohibited from using, reproducing, directly or indirectly, in whole or in part, adapting, modifying, translating, representing, marketing or distributing the course materials or other teaching resources made available to it to members of its staff who are not participants in the training courses offered by the training organisation or to third parties without the express written authorisation of the Centre Européen de la Négociation or its beneficiaries.
The Customer undertakes not to compete directly or indirectly with the CENEGO by transferring or communicating all or part of the documentation to a competitor of the CENEGO.
The Parties undertake to keep confidential all documents and information of an economic, technical or commercial nature concerning the other Party to which they may have access during the performance of the contract.
The CENEGO reserves the right to take legal action against any person who contravenes this clause.
Art. 9 - Protection of Personal Data
9.1 CENEGO takes the privacy and protection of its Customers' personal data very seriously. In this sense, the CENEGO undertakes to implement adequate measures to ensure the protection of personal data (hereinafter the "Data") and to process and use such data in compliance with the applicable provisions and in particular the European Regulation 2016/679 of 27 April 2016 and the amended Law no. 78-17 of 6 January 1978, known as the "Data Protection Act" (hereinafter the "Applicable Provisions").
9.2 The Data is processed electronically by the CENEGO acting through its RGPD Referent.
Personal data are collected in different ways: on the " website cenego.com "This data is used for logistical and commercial purposes. This data helps us for logistical and commercial purposes.
This data may be communicated to our partners for the strict purposes of managing commercial relations.
The Data is kept for the time strictly necessary to fulfil the purposes set out above.
All individuals have the right to access, rectify, delete and port their Data, as well as the right to limit and object to the processing and to organise what happens to their Data, including after their death.
These rights can be exercised as follows:
- electronically to the RGPD referent at the following address firstname.lastname@example.org
- ou by post to the address below: Centre Européen de la Négociation - M. Mathieu VENCATACHELLUM - 10 Rue de Penthièvre - 75008 Paris
If the right to object is exercised, all communication with the Customer (with the exception of account management) will cease.
9.3 If the Customer transmits and/or integrates Data necessary for the provision of Training, the Customer will be the Data Controller. In its capacity as processor, CENEGO undertakes to process the Data in accordance with the Customer's documented instructions and solely for the purpose of providing the Training. If CENEGO considers that an instruction constitutes a breach of the applicable Provisions, it shall immediately inform the Customer. By way of exception, if CENEGO may be required to process Customer Data under the applicable Provisions, then CENEGO will inform the Customer of this legal obligation prior to processing, unless the relevant law prohibits such information.
The CENEGO guarantees the confidentiality of the Data processed as part of the Training. The CENEGO undertakes to ensure that the persons authorised to process the Data receive the necessary training in the protection of personal data and undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality.
CENEGO undertakes to take into account the principles of data protection by design and data protection by default for its tools, products, applications and services.
CENEGO undertakes to implement appropriate technical and organisational measures to protect the integrity and confidentiality of the Data stored.
CENEGO undertakes to provide sufficient guarantees to ensure the implementation of security and confidentiality measures with regard to the nature of the Data and the risks presented by the processing.
CENEGO shall make available to the Customer the documentation necessary to demonstrate compliance with all its obligations and to allow audits, including inspections, to be carried out by the Customer or another auditor appointed by it, and to contribute to such audits.
In the event that the Customer is required to provide Data to a third party and/or an administrative or judicial authority, CENEGO will cooperate with the Customer in order to provide the required information in accordance with these Terms and Conditions and the applicable standards.
CENEGO shall notify the Customer of any Data breach after becoming aware of it. The name and contact details of the CENEGO Data Protection Officer are set out in Article 9.2.
CENEGO informs the Customer that the Data is hosted within the European Economic Area.
In the event of subcontracting, the CENEGO undertakes to sign a written contract with the subcontractor requiring the latter to comply with the applicable Provisions and with all the obligations referred to in this Article, it being specified that in the event of a subcontractor failing to comply with its obligations with regard to the protection of personal data, the CENEGO will remain fully liable to the Customer.
The Customer guarantees the CENEGO that it has carried out all the obligations incumbent upon it under the applicable Provisions and that it has informed individuals of the use made of the Data. In this respect, the Customer guarantees the CENEGO against any recourse, complaint or claim from an individual whose Data is processed.
In addition, the Client undertakes to: document in writing any instructions concerning the processing of data by CENEGO, ensure, beforehand and throughout the duration of the Training, that CENEGO complies with the obligations set out in the applicable Provisions, and supervise the processing, including carrying out audits and inspections of CENEGO.
The Data is kept only as long as is necessary for the purpose for which it was collected. The CENEGO undertakes, at the Customer's option, to destroy or return the Data at the end of the Training, and to justify in writing to the Customer that it will not keep any copy.
Art. 10 - Settlement of disputes and applicable law
In the event of a dispute relating to a training course, the Client undertakes first to contact the sales department of the Centre Européen de la Négociation on the following number: 01 53 53 05 05 or by e-mail (email@example.com) or post to Centre Européen de la Négociation - 10 Rue de Penthièvre - 75008 Paris.
In the event of a dispute, the Parties will use their best endeavours to reach an amicable agreement.
This amicable resolution phase is a prerequisite for any legal action.
If no amicable agreement is reached within two months of the first complaint being sent, by any means enabling the date to be determined, the Party initiating the complaint may refer the matter to :
- For commercial companies, the Commercial Court of Paris, notwithstanding multiple defendants and warranty claims, without the jurisdiction clauses that may exist on the purchasers' documents being an obstacle to the application of the present clause.
- For the professions, public bodies, local authorities and the French State, the Court of the defendant's domicile (article 42 of the Code of Civil Procedure) or the place of actual delivery of the goods or performance of the service (article 46 of the Code of Civil Procedure).
This contract and the GTC governing it are governed by French law.