General Terms of Sale

1Services sold

The training activities provided by MARMIGNON BROTHERS fall under continuing vocational training within the meaning of Article L. 6313-1 of the French Labour Code (code du travail). They are carried out in accordance with a pre-established programme which specifies, according to defined objectives, the teaching, technical and supervisory resources used, as well as the arrangements for monitoring their delivery and assessing their results.

Each training course has a unique identification number, a name, a title and content.

Participation in the training courses requires the purchaser (hereinafter “the Client”) to ensure that the registered participants have the required knowledge, or meet the skills requirements, to follow the training.

These terms govern the sale of training services to professionals: companies, educational institutions, local authorities and organisations. The services cover inter-company and in-company training for staff at all levels, in the fields of professional English, artificial intelligence, digital, marketing and management.

These terms do not apply to the sale of training to individuals. Individual enrolments under the personal training account (CPF) are made through the moncompteformation.gouv.fr platform and are governed by that platform’s general terms of use. A mandatory financial contribution remains payable by the account holder, according to the regulatory amounts and caps in force, except in cases of exemption.

2Application and duration

These general terms of sale apply to every training order placed by a Client with MARMIGNON BROTHERS, whether for inter-company training, in-company training or the special offers described below.

Attending a training session, in person or through one of its representatives, implies the Client’s full and unreserved acceptance of these terms, for the duration of the contractual relationship relating to the training. Placing an order constitutes express and unreserved acceptance of these terms, which prevail over all others.

They may only be amended by a written document signed by the Client and by a duly authorised representative of MARMIGNON BROTHERS.

The fact that MARMIGNON BROTHERS does not rely on any of these terms at a given moment cannot be interpreted as a waiver of the right to rely on them later.

3Scope

These terms apply to all inter-company training offered by MARMIGNON BROTHERS in its current catalogue, as well as to all in-company training by MARMIGNON BROTHERS defined for a Client after joint validation of the content, format and pricing.

4Ordering training

To be taken into account, every training course must be the subject of a written purchase order signed by the Client. On receipt of the purchase order, MARMIGNON BROTHERS undertakes to process the order within five working days.

5Changes to an order, cancellation or postponement

MARMIGNON BROTHERS may make any changes it considers useful to its programmes and services, as well as to the schedule of its training. It may change the trainers and withdraw one or more titles from its range of training.

In the event of cancellation by MARMIGNON BROTHERS, for whatever reason, in particular the trainer’s unavailability due to illness, power failure, unavailability of the IT system, insufficient number of participants, industrial action or weather conditions, the training concerned is postponed to a later date with no compensation or penalty owed to the Client.

In the event of a change to the programme or schedule, as in the event of cancellation, MARMIGNON BROTHERS undertakes to notify the Clients who ordered the training, or the participants directly designated by the Client, at least four days before the start of the training concerned. Clients and participants may then choose a new date from the calendar of training offered.

Any cancellation or postponement initiated by the Client must be reported to MARMIGNON BROTHERS by the Client itself, and not by the participants it has designated, by telephone or email, and then confirmed by registered letter with acknowledgement of receipt sent to the registered office of MARMIGNON BROTHERS. The date taken into account is the date of receipt of this letter.

The financial consequences are as follows:

• cancellation or postponement notified more than five working days before the start of the training: no cancellation fee;
• cancellation or postponement notified between two and five working days before the start of the training: a fixed indemnity equal to 50% of the catalogue price of the training ordered is invoiced, payable by the Client;
• cancellation or postponement notified the day before or on the day itself of the start of the training: the training is due in full.

Any training that has started but not been completed is due in full by the Client.

6Prices

Training services are invoiced at the price in force when the order is confirmed.

The price invoiced includes the provision of the training service in line with quality requirements. Participants’ meals, travel and accommodation costs are not included in the price of the service.

7Invoicing

An invoice is issued and given to the Client at the end of the training, for every registered Client.

Prices are expressed in euros. The continuing vocational training activities provided by MARMIGNON BROTHERS are exempt from value added tax under Article 261-4-4° a of the French General Tax Code (code général des impôts, CGI). The corresponding invoices carry the statement “TVA non applicable — article 261-4-4° a du CGI” (VAT not applicable). Services that do not fall under continuing vocational training remain subject to the VAT regime that applies to them.

8Payment terms

The price of the services is payable in cash at the end of each training session, unless the Client and an authorised representative have agreed otherwise beforehand in writing.

MARMIGNON BROTHERS is registered as a training provider with the prefecture of the Hauts-de-France region under number 32590990459. This registration does not constitute State approval. As such, MARMIGNON BROTHERS is authorised to enter into vocational training agreements. The invoices issued serve as a simplified agreement; the Client may, on simple request, obtain a detailed agreement and an individual attendance certificate.

MARMIGNON BROTHERS reserves the right to require prepayment fifteen days before the start of the training. In that case, access to the training may be refused if payment has not been made within the required time.

Where funding is provided through a skills operator (OPCO), it is for the Client to obtain coverage of the training ordered from that body. Coverage is a matter for the OPCO to decide, according to its criteria and its prior agreement. If it is not obtained before the Client’s participation begins, the Client pays the sums due and takes care of reimbursement from the OPCO on which it depends.

9Late or non-payment

In accordance with Article L. 441-10 of the French Commercial Code (code de commerce), the payment period for sums due may not exceed thirty days end of month from the invoice issue date.

Any sum not paid by the due date shown on the invoice gives rise, from the day after the payment date, to late-payment penalties at the interest rate applied by the European Central Bank to its most recent refinancing operation plus ten percentage points, which may not be lower than three times the legal interest rate, together with a fixed indemnity of 40 euros for recovery costs, in accordance with Article D. 441-5 of the French Commercial Code.

This late-payment interest is automatically set off against any discounts, rebates or reductions owed by MARMIGNON BROTHERS. The Client reimburses the costs incurred in the contentious recovery of the sums due, including the fees of ministerial officers (such as bailiffs) or court auxiliaries.

Payments may neither be suspended nor be subject to set-off without the prior written agreement of an authorised representative of MARMIGNON BROTHERS. Any partial payment is applied first to the due part of the debt, then to the sums whose due date is most recent.

10Intellectual property and copyright

All documents handed over during the training are original works protected by intellectual property and copyright law.

The Client agrees not to use, copy, transmit or exploit all or part of these documents without the prior written consent of an authorised representative. It agrees not to make any copy of the software used in training, except for the exercises completed, provided the files include no protected part of the program.

The Client warrants that the participants it designates will comply with these prohibitions and declares itself guarantor and jointly liable for them.

11Internal rules

When taking part in training sessions, the Client agrees to comply with the provisions of the internal rules of MARMIGNON BROTHERS, which it declares it has read and whose terms it accepts. These rules are handed over before the start of the training and are available on simple request.

The Client warrants that the participants it designates will comply with these provisions and declares itself guarantor and jointly liable for them.

12Accessibility and disability

MARMIGNON BROTHERS works with the Client to study the adaptations needed for people with disabilities to take part: adjustment of materials, pace, assessment methods or venue. Any request should be sent to contact@marmignonbrothers.com before the start of the training, so that feasibility can be examined and, where appropriate, referral to a specialist partner can be offered.

13Complaints

Any complaint relating to the delivery of a service must be sent in writing to contact@marmignonbrothers.com or by post to the registered office. MARMIGNON BROTHERS acknowledges receipt and gives a reasoned reply within fifteen working days. The monitoring of complaints and the action taken on them is recorded internally.

14Notifications

Any notification made under these terms is deemed to have been made if it is sent by registered letter with acknowledgement of receipt, addressed to MARMIGNON BROTHERS at its registered office, and to the Client at the address given when the order was placed.

15Invalidity of a clause

If any provision of these terms were declared void, that invalidity would not make the other provisions void, which would remain in force between MARMIGNON BROTHERS and the Client.

16Personal data

The information requested from the Client is necessary to process its order and to perform the obligations attached to the vocational training activity.

In accordance with Regulation (EU) 2016/679 (GDPR) and French Law No. 78-17 of 6 January 1978, as amended, the individuals concerned have a right of access, rectification, erasure, restriction, objection and portability. These rights are exercised in writing at the registered office address or at contact@marmignonbrothers.com.

17Governing law and competent court

These general terms of sale are governed by French law as to their interpretation and performance.

In the event of difficulty of interpretation or performance, and failing an amicable settlement, the Commercial Court of Valenciennes (tribunal de commerce de Valenciennes) shall have sole jurisdiction.