General Terms and Conditions of Sale

 

 

General terms and conditions of sale for services:

 

These general terms and conditions define the rights and obligations of AGBO Business Consulting , a company specialised in personal development, intercultural and strategic marketing, hereafter referred to as "We" or “Us” or by its designation on the one hand, and any natural or legal person hereafter referred to as "Client" on the other hand.

 

Article 1 - Object

The Client calls on the skills of AGBO Business Consulting, a company specialised in the aforementioned areas, to provide services in these same areas.

 

The present terms and conditions aim to define the modalities under which We perform Our services upon an express request from the Client. The present general terms and conditions may be completed, if needed, by special terms and conditions which will then be annexed. The present general terms and conditions of sale shall prevail over any general terms and conditions of purchase.

 

Article 2 – Acceptance

The present terms and condition will apply as soon as the Client has accepted and signed the written estimate. These conditions are made available to the Client, in free access, on the agbo-edm.com website and will be notified again with the same estimate.

           

Article 3 - Nature, time and place for the services provided

The services We provide are designed to address a need for knowledge in diverse domains: personal development, interculturality, entrepreneurship, strategies and foreign markets, emotional marketing, business communication and emotional intelligence.

We provide the following services:

- A programme aimed at the international prepation of (future) entrepreneurs, heads of businesses, leaders and managers designed to personally support the Client during individual coaching sessions focused on self-knowledge and for the detection of potential strategic levers of a foreign market (trade name: Globalisation Programme).

- A programme aimed at entrepreneurs, leaders and managers in a more in-depth knowledge of the Business Practices of their (future) clients. The programme takes place through individual coaching sessions (trade name: Business Practices Coaching).

- A seminar aimed at all employees to better apprehend international contacts thanks to an introduction to the interculturality topic. The seminar takes place through group sessions of 2 to 4 persons (trade name: Intercultural Seminar).

- Four (4) challenges designed to personally support the Client during individual coaching sessions focused on self-knowledge on the themes of self-confidence, self-esteem, personal time management and situational entrepreneurship (trade name: Challenges).

- Five (5) online trainings courses focused on the acquisition of skills on the themes of entrepreneurship, corporate communication, international marketing, emotional marketing (including intercultural and neuroscience topics) and emotional intelligence (trade name: Online Trainings).

This list of services is not exhaustive, and We reserve the right to add, delete or modify any service as We deem necessary. The Client will be informed of such changes if it has a direct impact on the Client.

We will only intervene in response to a request from a Client. The date and place of execution of the services are mutually agreed upon beforehand by telephone, visio or during a meeting between the Client and Us.

 

Article 4 - Prior estimate

For every service, a written estimate will be established. This estimate will specify the Client's contact details, a description of the services offered, the duration of this same service, the total price of the service(s) expressed, both exclusive of taxes and inclusive of all taxes as well as all other legal requirements.

 

Article 5 - Acceptance of the estimate

If the Client accepts the execution of the service, he must sign the written estimate established beforehand. The said estimate will determine the place, date, terms, duration and price of the service(s) to be performed. It will also list the requested equipment for the execution of the service(s) when necessary.

 

Article 6 - Applicable Rates

The rates applicable to the services of AGBO Business Consulting can be viewed on the agbo-edm.com website. It will be communicated to the Client prior to any intervention through a previously written established estimate. Any estimate established beforehand will be valid for a period of one (1) month.

The price of the service will be subject to the VAT rate if applicable on the date of the order.

Within a radius of less than 20km around Lille, travel expenses are included in the final price of the written estimate. Beyond that, additional travel will be billed to the Client.

We reserve the right to modify our prices at any time and we will apply the current indicated price at the time of the order.

 

Article 7 – Payment

The service entitled “Globalisation Programme” is payable by the Client in a maximum of two (2) instalments from the signing date of the written estimate.

·  A first payment corresponding to 50 % of the total amount including all taxes for the service will be due by the Client a maximum of two (2) working days prior to the start date of the said service, via wire transfer or any other payment means designated by Us.

·  A second payment corresponding to 50 % of the total amount including all taxes for the service will be due by the Client within a maximum of eight (8) working days from the start date of the said service, via wire transfer or any other payment means designated by Us.

A payment in one (1) single instalment corresponding to 100 % of the total amount including all taxes for the service may also be accepted. In this case, the full amount of the said service will be due by the Client a maximum of two (2) working days prior to the start date of the said service, via wire transfer or any other payment means designated by Us.

 

The service entitled “Business Practices Coaching” is payable by the Client in a maximum of one (1) instalment from the signing date of the written estimate.

A payment corresponding to 100 % of the total amount including all taxes for the service will be due by the Client a maximum of two (2) working days prior to the start date of the said service, via wire transfer or any other payment means designated by Us.

The service entitled “Intercultural Seminar” is payable by the Client in a maximum of one (1) instalment from the signing date of the written estimate.

A payment corresponding to 100 % of the total amount including all taxes for the service will be due by the Client a maximum of two (2) working days prior to the start date of the said service, via wire transfer or any other payment means designated by Us.

The service entitled “Challenges” is payable by the Client in a maximum of three (3) instalments from the signing date of the written estimate. This easy of payment implies a different specific price from a full payment in one (1) instalment.  

·   A first payment corresponding to one third (1/3) of the total amount including all taxes for the service will be due by the Client upon signature of the written estimate, via wire transfer or any other payment means designated by Us.

·   An intermediate payment corresponding to one third (1/3) of the total amount including all taxes for the service will be due by the Client twenty-one (21) days after the signing date of the written estimate, via wire transfer or any other payment means designated by Us.

·   A last payment corresponding to one third (1/3) of the total amount including all taxes will be due by the Client forty-two (42) days after the signing date of the written estimate, via wire transfer or any other payment means designated by Us.

A payment in one (1) single instalment corresponding to 100 % of the total amount, at a different specific price, including all taxes for the service may also be accepted. In this case, the full amount of the said service will be due by the Client a maximum of two (2) working days prior to the start date of the said service, via wire transfer or any other payment means designated by Us.

 

The service entitled “Online Trainings” is payable by the Client in a maximum of one (1) instalment from the signing date of the written estimate.

A payment corresponding to 100 % of the total amount including all taxes for the service will be due by the Client upon the purchase of the training chosen by the Client, by online payment or any other payment means designated by Us.

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AGBO Business Consulting may claim, within the same timeframe, a reimbursement of expenses engaged as part of the exercise of the service approved beforehand by the Client and upon presentation of the supporting documents.

 

In the event of a default in payment and instalment of the sums due by the Client after the set deadline, that is, after the payment date appearing on the written estimate and invoice sent to the Client, penalties will automatically be added by right without any formality or prior formal notice, amounting to 15.00 % of the total amount of the price appearing on the said written estimate and invoice, including all taxes.

In accordance with Articles 41-6 c. com. and D. 441-5 c. com., any delay in payment automatically entails, in addition to late payment penalties, an obligation on the part of the debtor to pay a lump-sum indemnity of € 400 as a recovery fee.

An additional indemnity may be charged when the recovery costs incurred exceed the amount of the lump-sum indemnity.

 

Article 8 - Purchase of trainings

To be able to purchase an online training, the Client must be at least 18 years old and have legal capacity or, if the Client is a minor, be able to prove the agreement of legal representatives.

The Client will be asked to provide information to identify him/her by completing the form available on the site. The Client must complete the mandatory fields for the order to be processed by Us.
All information the Client provides when placing an order must be complete, accurate and up to date,
AGBO Business Consulting reserves the right to ask the Client to confirm, by any appropriate means, his/her identity, his/her eligibility and any information communicated.

The Client acknowledges having had communication, prior to placing an order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and all information listed in the article L. 221-5. of the Consumer Code.

 

Article 9 - Discounts

No discount will be allowed in case of early payment.

Article 10 - Withdrawal

A right of withdrawal may be exercised, starting with the signing of the written estimate except for the online trainings.

In this case, the Client declares to have read the General Conditions of Sale and to have accepted it by checking the box provided for this purpose before implementing the online ordering procedure as well as the general conditions of use of the site.

 

For all other services, the Client has 14 days from the acceptance of the written estimate to inform Us of the wish to make use of this right of withdrawal. After this period no reimbursement will be authorised. The Client must, during this period, contact Us by e-mail in order to bring to our attention his/her unequivocal desire to benefit from reimbursement of his/her purchase of service(s).

 

The Client is entitled to request a termination of the service at the end of the first month and after the full instalment of the first third of the total amount including all taxes of the Challenges service.

 

Article 11 - Refund

Article L. 121-20-2 of the Consumer Code excludes, unless the parties have agreed otherwise, the exercise of the right of withdrawal, for the following contracts:

- contracts for the supply of services, the performance of which has begun, with the Client's agreement, before the end of the period of 7 clear days. 

- contracts for the supply of trinaings' supports, audio or video recordings or computer software when they have been unsealed by the Client.

A service refund can be made only after assement of the request on a case-by-case basis.

Once the Client has contacted USs to request a refund, it will be examinated. If accepted, the Client will have to allow approximatively 7 working days from the date of the request to obtain a refund. The Client will be refunded via the payment method he/she used when ordering. We are not responsible for "vvalue date" delays related to bank processing.

 

Article 12 - Claims

Any claims regarding the quality non-conformity of the services provided must be made by registered mail with return receipt requested within eight (8) days starting from the delivery of the service; after this delay, no claim will be accepted.

 

Article 13 - Limits of our services offer

We reserve the right to refuse and/or cease performing any agreed service if:

  • We believe that the working conditions may endanger our safety or the safety of others.

  • The request of the Client is illegal or does not comply with the current legislation.

This list is not exhaustive. In the case of a refusal of intervention or of a termination of the service on Our part, no monetary damages can be claimed by the Client, and only the sums already transferred as payment can be due.

 

Article 14 – Client’s Obligations

The Client agrees to provide AGBO Business Consulting with all the information and all the necessary means to carry out the services described within a previously agreed deadline.

Besides, the Client agrees to pay for the service under the conditions stipulated in Article 7.

 

Article 15 – Retention of title

AGBO Business Consulting reserves the property of all works sold until complete payment of their price in principal and interest. In the case the price is not paid on the agreed due date, the sale will be automatically cancelled if AGBO Business Consulting so wishes, and the instalments already paid will remain Our property with no prejudice to any damages that AGBO Business Consulting may claim.

 

Transfer of risks: the services performed will remain the property of AGBO Business Consulting until full payment of their price, in principal and interest, but the Customer will be responsible for them as soon as they are handed over to the Post Office, either in person or upon leaving our premises in accordance with article 4.2, the transfer of possession entailing the transfer of risks. Consequently, the Client agrees to subscribe, as of now, to an insurance contract covering the risks of loss, theft or destruction of the designated products (deliverables).

 

Article 16 – Force majeure

The occurrence of a case of force majeure has the effect of suspending the execution of any contractual obligations on the part of AGBO Business Consulting.

Considered a case of force majeure is any event that is beyond the control of AGBO Business Consulting and which prevents Us from operating normally at the stage of preparation of the service(s), providing with the service(s) or shipment of the products (deliverables).

 

The cases of force majeure comprise, in particular, total or partial strikes hindering the proper functioning of AGBO Business Consulting or of one of our suppliers, subcontractors or transporters as well as the disruption of transportations, energy supply, raw materials or spare parts.

​In such circumstances, AGBO Business Consulting will advise the Client in writing (e-mail), within a period of twenty-four (24) hours from the date of occurrence of such events, the contract binding AGBO Business Consulting and the Client being rightly suspended, without indemnity, starting from the date of occurrence of the event.

 

If such an event were to last more than thirty (30) days from its starting date, the sale contract concluded by AGBO Business Consulting and the Customer may be terminated by either party without any of the parties being entitled to claim damages.

This termination will take effect on the date of the first submission of the registered letter with a return receipt denouncing the aforementioned sale.

 

Article 17 – Obligation & Liability

The services We provide are subject to an obligation of means and not to a performance obligation.

 

It is agreed that Our responsibility can only be engaged for direct and foreseeable damages resulting from an order. Any compensation for indirect damages suffered by the Client is excluded. In no way shall We be liable for any damage caused by a possible inexecution of the obligations on the part of the Client.

 

Either party shall be accountable for the smooth running of its obligations.

 

Article 18 - Termination

All contracts between Us and the Client may be rightly terminated by AGBO Business Consulting in the case of non-execution by the Client of one or more of the obligations listed in the previous articles.

 

This termination will take effect four (4) days after AGBO Business Consulting has sent a registered letter with a return receipt stating its decision to prematurely terminate the contract and exposing the reasons for such a complaint, as long as within this period, the defaulting party has not fulfilled its obligations or has not provided evidence of an obstruction resulting from a case of force majeure.

Such notice addressed to the other party shall refer to this clause and clearly state the failure in question.

 

The exercise of the said right of termination does not dispense the Client from fulfilling the contracted obligations up to the effective date of termination, subject to any damages that may have been suffered by the complaining party as a consequence of the early termination of the contract.

 

Article 19 - Confidentiality

Both parties mutually agree to a general obligation of confidentiality regarding any oral or written information that is exchanged within the framework of the service, regardless of its nature and of the medium used, for the entire duration of the contract as well as after its end date.

 

Article 20 - Intellectual property

The Client guarantees that the performance of the service will not constitute in any way an infringement or violation of the rights of a third party.

 

As the author of the work, We benefit from the laws applicable to property and copyrights. We may thus use our work in any way, and the reproduction or re-edition of Our work by the Client will require an express agreement on Our part and the subsequent payment of copyrights. The right that We have on Our work is in no way transferred to the Client.

 

All the documents provided within the framework of a service are intended only for personal use by the Client, who agrees to return in perfect state and at Our request all the documents which were entrusted to him/her for the execution of a service.

 

Article 21 - Referencing

The Client consents that AGBO Business Consulting may include among its references the work carried out within the framework of the service(s) offered.

Article 22 - Jurisdiction and applicable law

For all disagreements related to the sales of AGBO Business Consulting and all matters concerning the present conditions, only the qualified court of Lille (France) will apply the French law.