Introduction

Our present General Terms and Conditions of Sale define the use of our website Université du Nous, accessible at https://universite-du-nous.org.

By using our website, you agree to the terms and conditions set out on this page.

Clause n° 1 : Purpose and Scope

The present General Terms and Conditions of Sale (GTC) form the basis of the commercial negotiation and are systematically sent or handed to each client to enable them to place an order. The General Terms and Conditions of Sale described below outline the rights and obligations of Université du Nous, SCIC SAS with variable capital, hereinafter referred to as Université du Nous or UdN, and its client, within the framework of the sale of all its service offerings. The order is considered firm and final when the client returns, by mail or email, the signed quote or proposal bearing the mention "Approved" ("Bon pour accord") along with their signature, the date, and initials on the General Terms and Conditions of Sale. Placing an order implies the client's full and unconditional acceptance of these GTC, with the client guaranteeing compliance by all their employees, representatives, and agents.

Clause n° 2 : Prices

The prices of the services sold are those in effect on the day the order is placed. They are quoted in euros and calculated excluding taxes for professionals. Consequently, they will be increased by the applicable VAT rate on the day of the order. For individuals, prices are shown inclusive of all taxes (ATI), with the VAT rate detailed. For certain services (seminars, events) explicitly designated, the amount defined by Université du Nous will correspond to Registration Fees. The final price will be determined by the client through a Conscious Contribution (ATI) set by them at the end of the service. Université du Nous reserves the right to modify its prices at any time. However, it undertakes to invoice the services ordered at the prices indicated at the time the order is recorded.

Clause n° 3 : Discounts and Rebates

The proposed rates include any discounts and rebates that Université du Nous may grant based on its performance or the client’s taking charge of certain services.

Clause n° 4 : Early Payment Discount

No discount will be granted in the case of early payment.

Clause n° 5 : Terms of Payment

Payment for orders is made as follows:
For accompanied organisations:
*Either by cheque; or by bank transfer.

For individuals:
*Either by credit card; or by cheque; or by bank transfer; or via PayPal.
*In the case of a Conscious Contribution, cash payments will be accepted.

Subject to the provisions in the general terms and conditions of sale and in accordance with Articles L.221-18 and following of the Consumer Code, the individual client who has subscribed online to a service (whether it is conducted in person or remotely) has a right of withdrawal, which they can exercise, without providing any justification, within fourteen (14) days from the date of subscription to the session or seminar in question. The individual must inform Université du Nous of their decision to withdraw through any clear written statement expressing unambiguously their intention to withdraw, sent by email or by postal mail to: accueilparticipants@universite-du-nous.org .
The withdrawal form below may be used by the individual, but it is not mandatory:

Withdrawal Form
(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of UdN, Participant Hosting Role:
I/we (*) hereby notify you of my/our (*) withdrawal from the contract concerning the service (*) listed below:
Ordered on (*) / received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if this form is submitted on paper):
Date:
(*) Cross out the unnecessary option.

o ensure that the withdrawal period is respected, the withdrawal form or declaration must be submitted to UdN before the expiration of this period. The burden of proof for exercising the right of withdrawal rests with the individual.
Upon receipt, UdN will promptly send the individual an acknowledgment of receipt of the withdrawal on a durable medium.
No penalty will be charged to the individual for exercising their right of withdrawal.
UdN commits to refunding the individual all amounts actually paid, without undue delay, and at the latest within fourteen (14) days from the date UdN is informed of the individual’s decision to withdraw. The refund will be made using the same payment method as the original transaction.

Exception: In accordance with Article L. 221-28 of the Consumer Code, the right of withdrawal cannot be exercised if the session/seminar in question takes place before the end of the withdrawal period, when the individual has given prior express consent and acknowledges the loss of their right of withdrawal.

Payments will be made under the following potential conditions, with the actual conditions specified in each quote/order:

• 30% payment upon signing the quote, the remaining balance due on the invoice date
• 30% payment upon signing the quote, the remaining balance due 30 days from the invoice date
• 100% payment upon order date
• 100% payment on the invoice date
• 100% payment 30 days from the invoice date

Clause n° 6 : Delayed Payment

In the event of total or partial non-payment for the services rendered, the client must pay Université du Nous a late penalty equal to three times the legal interest rate.
The legal interest rate applied is the one in effect on the day the services were provided.
Starting January 1, 2015, the legal interest rate will be revised every 6 months (Ordinance No. 2014-947 of August 20, 2014).
This penalty is calculated on the total amount due, including VAT, and will accrue from the due date of the price without any prior formal notice being required. In addition to the late fees, any amount, including deposits, not paid by its due date will automatically incur a fixed compensation fee of 40 euros for collection costs.
Articles 441-10 and D. 441-5 of the French Commercial Code.

Clause n° 7 : Termination Clause

If, within fifteen days following the implementation of the "Late Payment" clause, the client has not paid the outstanding amounts, the sale will be automatically terminated and may give rise to the awarding of damages to Université du Nous.

Clause n° 8 : Intellectual Property

Université du Nous retains ownership of the intangible goods sold. Consequently, these may not be reproduced, exploited, or used for any purpose other than that specified in the quote/order, except for educational content explicitly mentioning the Creative Commons license. The conditions for the reuse, reproduction, and exploitation of such content are then described by the aforementioned license.

Clause n° 9 : Data Protection

The personal information provided by the client to Université du Nous is necessary for processing the registration as well as for maintaining a client database for 3 years. Under the "Data Protection and Freedoms" law of January 6, 1978, the client has the right to access, correct, and oppose the personal data concerning them.
Université du Nous commits to implementing appropriate administrative, physical, and technical measures to ensure the security, confidentiality, and integrity of the client’s data. It is prohibited from disclosing the client’s data, except in cases of legal obligation.
The professional client expressly authorizes Université du Nous to mention their name, logo, and to reference the conclusion of a contract for reference purposes.

The individual client expressly authorizes Université du Nous to collect their personal data for the following purposes:

• Provision of Services and Training;
• Management and follow-up of client relationships;
• Sending newsletters and informational letters;
• Handling requests for the exercise of rights by the individuals concerned.

Access to clients' personal data is limited to authorized internal services of UdN, as well as third parties designated by Université du Nous to carry out the necessary processing, including its IT service providers.

Third parties only have limited access to the personal data and are contractually obligated to process it in accordance with the applicable data protection legislation. UdN may be required to disclose certain personal data to judicial, police, or administrative authorities legally authorized to access it.

UdN may also transfer clients' personal data outside the European Union and commits to implementing all appropriate safeguards to ensure the confidentiality and security of the transferred personal data (in accordance with Article 9).

In accordance with the applicable data protection regulations, clients have the right to access, modify, and rectify their personal data, as well as the right to request the deletion and restriction of their personal data collected and processed by UdN.

Clients also have the right to data portability, the right to object to the processing of their personal data under the conditions of Article 21 of the GDPR, as well as the right to define the conditions for the use, retention, and communication of their personal data after their death.

Clients also have the right to lodge a complaint with the competent supervisory authority, namely the National Commission for Data Protection and Freedoms (CNIL). To exercise the rights listed above, the client should send their request, presented as clearly and precisely as possible, by mail or email to the following contact details:

   By email to the following address : rgpd@universite-du-nous.org
    By mail to the following postal address:
Université du Nous – 160 rue des Barillettes - 73230 SAINT ALBAN LEYSSE

Clause n° 10 : Delivery

Delivery is made through the completion of the service provided to the client.
The completion time for all services, particularly in-person services, indicated at the time of order registration is provided for informational purposes only and is not guaranteed.
As a result, any reasonable delay in the completion of the services will not entitle the client to:

• The awarding of damages;
• The cancellation of the order.

In the case of services deemed non-compliant by the client, the client may issue reasoned reservations, which must also be confirmed in writing within five days of the service completion, by registered mail with acknowledgment of receipt addressed to the company.

Clause n° 11 : Cancelation

11.1 In-Person Professional Accompaniment
Cancellation or rescheduling of a support session is possible, provided it is done at least 10 calendar days before the scheduled date and time of the intervention. Any cancellation must be notified via email to the designated Lead Companion. If cancellation occurs between 4 and 10 business days before the intervention, the client will be required to pay a cancellation fee of 10% of the initial total cost of the training. If the cancellation occurs less than 3 business days before the start of the training, a cancellation fee of 50% of the initial total cost will be charged to the client.
In case of non-performance of obligations due to an unforeseen event or force majeure, Université du Nous cannot be held responsible towards its clients. Clients will be informed by email. In this case, a proposal for rescheduling the intervention will be made to the client within a reasonable time frame.

11.2 In the Event of Force Majeure Preventing the Client from Attending the Intervention
Université du Nous' responsibility cannot be invoked if the non-performance or delay in performing any of its obligations described in these terms and conditions results from a force majeure event on the client’s side. Force majeure is understood as any external, unpredictable, and irresistible event as defined in Article 1148 of the French Civil Code. In such cases, a 50% penalty will apply to the service specified in the quotation.

11.3 In-Person Public Seminars

1. In Case of Cancellation by UdN: UdN offers either a full refund of the registration fee by bank transfer or the possibility to transfer the registration to another session of the participant's choice, at no extra cost. Once the registration for another session is confirmed, if the participant wishes to cancel, point 2 below applies.
2. In Case of Cancellation by the Participant:
   • The registration is personal and cannot be transferred or rescheduled.
   • If the cancellation occurs at least 4 weeks before the start of the seminar: UdN will refund 70% of the registration fee by bank transfer. The participant can register for another session by completing the appropriate form.
   • If the cancellation occurs less than 4 weeks before the start of the seminar and after the 14-day withdrawal period: no refund. The participant may register for another session with the transfer of the registration fee. The participant must complete a new registration via the appropriate form.
     The amount retained in case of cancellation or rescheduling by the participant (30% if before 4 weeks or 100% if after 4 weeks) covers the additional work involved in managing cancellations and reschedules.

 11.4 Online Training Courses

• If cancellation is initiated by UdN: The session will be fully refunded.
• If cancellation is initiated by the client/participant, before the start of the session: The session will be refunded 90% of the session price, or UdN will offer a rescheduling of the training to another session at no additional cost.
• If cancellation is initiated by the client/participant, after the start of the session: The session will not be refunded.
  In case of planned or unforeseen absence from one or more webinars included in the course, the sales conditions remain unchanged: the participant will have access to a video recording of the session.

Clause n° 12 : Competent Jurisdiction

Any dispute related to the interpretation and execution of these general terms and conditions of sale shall be governed by French law. In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Chambéry.