General terms and conditions of sale

General conditions of sale: A site B training



HAS - GENERAL CONDITIONS OF SALE

ON THE CNIMA WEBSITE



1. Purpose and scope of application

These general conditions of sale apply to all orders placed on the website

www.cnima.com

, owned by CNIMA J. Mornet SARL and hosted by IONOS by 1&1. The applicable T&Cs are those in effect on the day the order is validated.

2. Availability of products

Our products and their prices are valid as long as they are visible on the website www.cnima.com.

3. Validation of orders and electronic signature

Any order form signed by the customer/consumer by "double-click" constitutes an irrevocable acceptance that can only be challenged within the limits provided for in this contract. The "double-click" associated with the authentication and non-repudiation procedure and the protection of the integrity of messages constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature (law of March 13, 2000 on electronic signatures).

4. Payment Terms

The prices indicated on the site are in euros (€) including all taxes.

4.1. Payment Terms: You can pay for your purchases:

- By credit card in cash

- By bank transfer: our bank details will be provided to you at the time of ordering.

- by bank check: your order is then reserved for 8 days. Beyond this period, without receipt of your check, it will be cancelled. The order will only be processed upon receipt of your check and after validation by our bank. Orders for France only, the check must be issued by a bank domiciled in metropolitan France

In the event of non-delivery of your order, CNIMA J. Mornet cannot be held liable for failure to make payment.

4.2. Default of Payment: CNIMA J. Mornet reserves the right to refuse to make a delivery or to honor an order from a customer/consumer who has not fully or partially paid a previous order or with whom a payment dispute is currently being administered.


5. Payment security and anti-fraud controls

Your purchases on www.cnima.com are 100% secure thanks to the implementation of payment control and security systems. It is important to know that payment by credit card for your order is made directly to our partner bank: Crédit Agricole. Communicating your credit card number on the bank server when paying for your order is completely secure. Indeed, this manipulation does not involve any risk since your credit card details never pass unencrypted on the network: they are encrypted using the SSL (Secure Socket Layer) protocol. CNIMA J. Mornet does not have access to your bank details, and does not store them on its servers under any circumstances. This is also why you are asked for them again for each new transaction on our site. Communicating your credit card number on our site is completely secure. On the other hand, it is possible that a malicious person may manage to obtain your bank card number (for example in the event of theft), and use it to place an order without your knowledge.


6. Shipping and Delivery

Delivery times are 10 days maximum in mainland France for all products marketed by www.cnima.com. This announced time is calculated in working days (after validation of your payment). The delivery date is calculated taking into account the preparation and shipping times to which is added the delivery time of the carrier (La Poste). The products are delivered to the delivery address that you indicated to us during the ordering process. Delivery only in mainland France (excluding Corsica). Deliveries abroad: opening of the service during 2011.


7. Force majeure

CNIMA J. Mornet cannot be held responsible for the non-performance of the contract concluded, due to the occurrence of a force majeure event.


8. Withdrawal

In accordance with Article L.121-20 et seq. of the Consumer Code, the consumer has a period of 7 working days from the date of delivery of your order to return the item(s) that do not suit him/her, in its original packaging and in good condition, suitable for re-marketing and request an exchange or refund, free of charge, except for return costs. To do this, write to us, remembering: your order number, your full contact details and the reason for your return to the following address: CNIMA J. Morn

and Rue Jean Ferrat 63950 Saint-Sauves d'Auvergne.

All requests will be processed within 72 hours.


9. Protection of personal data

This site has been declared to the CNIL under the declaration number: In progress.

9.1. Information rights (article 32 of the law of January 6, 1978 amended by the law of August 6, 2004): The person responsible for the processing implemented is the CNIMA J. Mornet Company.

9.2. Right of opposition (article 38 of the law of January 6, 1978 amended by the law of August 6, 2004): You have the possibility to object for legitimate reasons to being included in a file. Any person may refuse, without having to justify themselves, that the data concerning them be used for prospecting purposes, in particular commercial.

9.3. Right of access (articles 39, 41, 42 of the law of January 6, 1978 amended by the law of August 6, 2004): Any person providing proof of their identity has the right to question the person responsible for a file or processing to find out whether they hold information about them, and if so, to obtain communication of this information.

9.4. Right of rectification (article 40 of the law of 6 January 1978 amended by the law of 6 August 2004): You can have information concerning you rectified, completed, updated, blocked or deleted. In all cases, the exercise of this right is carried out, in accordance with the Data Protection Act, by contacting CNIMA J. Mornet, Rue Jean Ferrat 63950 Saint-Sauves d'Auvergne. For any information on the protection of personal data, you can consult the website of the Commission Informatique et Liberté:

www.cnil.fr

The use of your data is intended for the processing of your order.


10. Use and ownership of the site

The website www.cnima.com, owned by CNIMA J. Mornet, strives to ensure, to the best of its ability, the accuracy and updating of the information published on its website. It reserves the right to modify, at any time and without notice, the content of the information given without being able to guarantee its total accuracy. CNIMA J. Mornet, the site manager, declines all responsibility for any possible interruption or malfunction of its site, any damage resulting from a fraudulent intrusion leading to a modification of the information made available on its site. The web service www.cnima.com may contain links to other sites but cannot be held responsible in any way for problems of access or content of these sites. CNIMA J. Mornet will not be responsible for damages resulting from the use of its service, malfunctions attributable to software, whether or not these are incorporated into its service. The CNIMA J. Mornet Company undertakes to respect all legal guarantees that you may be entitled to. The website www.cnima

.com

, property of CNIMA J. Mornet, and all the elements that constitute it, are protected, in particular the various contents (photos, texts, presentations, names, titles, brands and designs and models...) and the related software, are protected by intellectual property rights and related rights reserved solely for the holders of these rights. Consequently, any use, reproduction, representation or partial or total distribution of these elements is strictly prohibited with the exception in particular of reproductions without modifications or alterations made for the purposes of personal and private copying in accordance with article L.122-5 2° of the intellectual property code.


11. Company contact details

CNIMA J. Mornet, Rue Jean Ferrat 63950 Saint-Sauves d'Auvergne – Siret: 524 605 110 00021



12. Applicable law - Attribution of jurisdiction

12.1. These general conditions of sale are subject only to French law.

12.2. Jurisdictional competence: For disputes relating to the execution or interpretation of these terms, only the Commercial Court of Clermont-Ferrand will have jurisdiction.

12.3. Territorial jurisdiction: Any dispute, whatever its nature, relating to the performance of the service, even in the event of recourse under warranty or multiple defendants, will, in the absence of an amicable agreement, be under the exclusive jurisdiction of the Commercial Court of the place in the district in which the registered office of CNIMA J. Mornet is located.


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B - GENERAL CONDITIONS OF SALE

CNIMA TRAINING ACTIONS



1. Purpose and scope of application

Any training action implies, for the trainee, unreserved acceptance and full adherence to these general conditions of sale.

These general terms and conditions of sale are available on the CNIMA website at the following address: www.cnima.com.


2. Obligations of the CNIMA

The CNIMA

commits to an obligation of means and is diligent in putting all his art and know-how into achieving the set objectives and expected results. At the end of the training,

the CNIMA

provides the trainee with a certificate of completion of training and/or a diploma when the training leads to a diploma.

The CNIMA sends a

summons trainees 2 weeks before the start of said training and ensures their presence throughout the training.


3. Obligations of the intern

Upon request for registration,

The CNIMA sends the trainee a quote accompanied by the adapted training program. After validation of the quote, a training contract or agreement is sent, as provided for by law. The trainee agrees to take the necessary steps with his OPCO if he wishes to obtain support. The trainee agrees to return to the

CNIMA a copy of the agreement or contract, signed, as soon as possible and before the start of the training, as well as the requested deposit. From then on, the registration is taken into account.

The CNIMA provides the trainee with suitable equipment, including an equipped room that can accommodate them in favorable conditions.

The intern must comply with the CNIMA internal regulations.

Failure or lack of attendance and regularity will be sanctioned by a refusal to issue the training certificate or diploma.


4. Prices, billing and regulations

All our prices are indicated net (VAT not applicable, article 293 B of the General Tax Code). The price includes: the educational cost and course materials. It does not include registration fees, travel, accommodation and possible meal expenses for trainees.

Prices studied according to the desired formula based on standard training.

An invoice is issued at the beginning of each training session (for long training courses). Payment by check or bank transfer is due immediately.

Unless the due date is specified on the invoice, any amount not paid within 30 days from the date of issue of the invoice will give rise to the payment by the trainee of late payment penalties set at three times the legal interest rate (Commercial Code Art. L. 441-6 al. 3). These penalties are due automatically upon receipt of the notice informing the trainee that they have been debited. In the event of non-payment in full of an invoice due, after formal notice has remained without effect within 5 working days,

the CNIMA

reserves the right to suspend any current and/or future training and to request payment by any legal means.


5. Regulation by an OPCO

It is up to the trainee to take the necessary steps to ensure that the training is supported and paid for by the OPCO on which he depends.


6. Cancellation and postponement conditions

Withdrawal:

From the date of signing the contract, the trainee has, in accordance with the provisions of Article L 6353-5 of the Labor Code, a period of ten working days to withdraw by registered letter with acknowledgment of receipt. In this case, he/she is not liable for any sum to the training organization.

This period is extended to fourteen days if the contract is concluded remotely.

In the event of early termination of training due to the training organization or the abandonment of the internship by the trainee for a reason other than duly recognized force majeure, the contract is terminated according to the following financial terms:

- Payment for hours actually worked according to the pro rata temporis rule.

- Payment as compensation for hours not taken due to the trainee, up to 40% of the remaining cost.


If the trainee is prevented from following the training due to duly recognized force majeure, the professional training contract is terminated. In this case, only the services actually provided are due pro rata temporis of their value stipulated in the contract.


7. Data protection and freedoms

Personal information communicated by the intern

at the CNIMA in app

lication and in the execution of orders, are for the exclusive use of CNIMA for the needs of said orders.

In accordance with French regulations, the intern may at any time exercise his rights of access and rectification in the CNIMA file.


8. Intellectual property

THE CNIMA,

the trainee and the trainers each retain full intellectual property of their own documentation, the latter only being able to be used after written agreement from the owner party.

Neither party may use this documentation other than for the application which is the subject of the transaction.


9. Allocation of powers and election of domicile

These T&Cs are subject to French law.

The election of domicile is made by the CNIMA at its head office rue Jean Ferrat 63950 Saint-Sauves d'Auvergne. Any dispute that cannot be settled amicably will be under the EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF CLERMONT-FERRAND, regardless of the head office or residence of the trainee, even in the event of multiple defendants.

This clause is stipulated in the interest of the CNIMA, which reserves the right to waive it if it sees fit.



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