FR
Terms of sale

Axel® terms of sale
For the Axel Conseil®, Axel Sport®, Axel Golf®, Axel Foot® and Axel English® service offers.
Axel reserves the right to modify or update its terms of sale at any time. The terms applicable on the day of the order can be consulted on the sites www.axelconseil.com and www.axelsport.com.

1. Presentation
AXEL is a professional training organization whose head office is located at 240 rue Gustave Eiffel, 76230 Bois Guillaume (France). AXEL develops, offers and provides in-person inter and intra-company training. Axel also provides consulting, team building, conferences, individual and collective coaching services (all AXEL services are hereinafter referred to as the “Axel Service Offer” or “the Service Offer”).

2. Purpose
These terms of sale (hereinafter the “CGV”) apply to all AXEL Service Offers relating to orders placed with AXEL by any professional client (hereinafter “the Client”).
Placing an order implies the Client's full and unreserved acceptance of these General Terms and Conditions. Any contrary condition and in particular any general or specific condition opposed by the Client cannot, unless formal and written acceptance from AXEL, prevail over these General Terms and Conditions, regardless of the time when it may have been brought to Axel's attention. The fact that AXEL does not avail itself at a given moment of any of these General Terms and Conditions cannot be interpreted as a waiver of its right to avail itself of it at a later date.
However, in the event of a contradiction between the provisions appearing in these General Conditions of Sale, and the specific conditions appearing in the Agreement, the Contract or the quote signed by the Client, the latter are the only ones applicable.
The Client guarantees compliance with these General Terms and Conditions by all of its employees, employees and agents.
The Client also acknowledges that, prior to any order, he has received sufficient information and advice from AXEL, enabling him to ensure the suitability of the offered service to his needs.

3. In-person training
3a. Intra-company training
Our fees are payable 30 days from the invoice date, by check or bank transfer.
Any payment occurring after the due date will automatically result in the invoicing of late payment penalties calculated in accordance with article L. 441-10 II of the Code du Commerce, namely the interest rate applicable by the European Central Bank to its most recent refinancing operation increased by 10 percentage points, from the day after the due date provided on the invoice, without a reminder being necessary.
In application of article D. 441-5 of the Code du Commerce, the fixed compensation for recovery costs is set at 40 euros per invoice.
AXEL undertakes to carry out the mission described above, in accordance with standard practice as well as legal and regulatory provisions. Our possible liability is limited to an amount not exceeding the total sum actually paid for the service which is the subject of a claim, indirect damages and/or any loss of income, profit, anticipated savings, commercial opportunities, and/or commercial disruption are excluded.
Any cancellation of training gives rise to a refund or a full credit if it is received no later than 30 working days before the start of the training. After this period, compensation will be due to AXEL, taking into account the serious disruption it causes to its organization (commitment of non-reusable resources, administrative costs, etc.). The same will apply in the event of a late request to postpone the training.
In the event of late cancellation at the Client's initiative, the Client will be liable for compensation under the following conditions:
- 70% of this amount, if the cancellation occurs less than 30 days and at least 15 working days before the date of the training,
- 100% of this amount, if the cancellation occurs less than 15 working days before the date of the training.
In the event of late modification of the date the service will be provided, at the initiative of the Client, the latter will be liable for compensation, according to the following conditions:
- 30% of this amount, if the request for postponement occurs less than 30 days and at least 15 working days before the date of the
training,
- 50% of this amount, if the request for postponement occurs less than 15 working days before the date of the training.
Any cancellation or request for postponement must be confirmed in writing by the Client (by mail or email), the date of reception of this notification by AXEL being legally admissible for the application of the above clauses.
In the event of cancellation or postponement of dates, at the initiative of the client, non-exchangeable and non-refundable travel and hotel costs, already incurred by AXEL, must be reimbursed by the client.
The contractual documents are the Training Agreement or contract, the Terms of Sale and the invoice.
It is up to the client to take the necessary steps for the management and payment of the training by the OPCO (or equivalent financing organism) to which it is affiliated.

3b. Inter-company training
Our fees are payable by check, bank transfer or online via our website.
The reservation is validated by full payment of the training. Meals are not included in the price of the training. Any payment occurring after the due date will automatically result in the invoicing of late payment penalties calculated in accordance with article L. 441-10 II of the Code du Commerce, namely the interest rate applicable by the European Central Bank to its most recent refinancing operation increased by 10 percentage points, from the day after the due date provided on the invoice, without a reminder being necessary.
In application of article D. 441-5 of the Commercial Code, the fixed compensation for recovery costs is set at 40 euros per invoice.
AXEL undertakes to carry out the mission described above, in accordance with standard practice as well as legal and regulatory provisions. Our possible liability is limited to an amount not exceeding the total sum actually paid for the service which is the subject of a claim, indirect damages and/or any loss of income, profit, anticipated savings, commercial opportunities, and/or commercial disruption are excluded.
Any cancellation of training gives rise to a refund or a full credit if it is received no later than 30 working days before the start of the training. After this period, compensation will be due to AXEL, taking into account the serious disruption it causes to its organization (commitment of non-reusable resources, administrative costs, etc.). The same will apply in the event of a late request to postpone the training.
In the event of cancellation at the Client's initiative, AXEL will retain as compensation the sums paid in the following proportions:
- 50% of the total amount of the service if the cancellation occurs less than 30 days and at least 15 working days before the scheduled date of the training,
- 100% of this amount if the cancellation occurs less than 15 working days before the date of the training.
In the event of late modification of the date the service will be provided, at the initiative of the client, AXEL will retain as compensation the sums paid in the following proportions:
- 20% of the total amount of the service, if the request for postponement occurs less than 30 days and at least 15 days before the date of the training,
- 30% of this amount, if the request for postponement occurs less than 15 days before the date of the training.
Any cancellation or postponement request must be confirmed in writing by the Client (by mail or email), the date of reception of this notification by AXEL being legally admissible for the application of the above clauses.
The contractual documents are the Training Agreement or contract, the Conditions of Sale and the invoice.

4. Team building
Any individual or collective support service is the subject of a commercial and financial proposal established by AXEL. If accepted by the Client, a minimum deposit of 30% of the total cost of the service will be paid by the Client. The technical and logistical costs linked to the execution of the mission are the responsibility of the Client and are in no case included in the fees. Unless otherwise stated in the proposal, these fees are billed at cost.

5. Individual and collective support
Any individual or collective support service is the subject of a commercial and financial proposal established by AXEL. If accepted by the Client, a minimum deposit of 30% of the total cost of the service will be paid by the Client. The technical and logistical costs linked to the execution of the mission are the responsibility of the Client and are in no case included in the fees. Unless otherwise stated in the proposal, these fees are billed at cost.

6. Coaching
Any coaching service is subject to a commercial and financial proposal established by AXEL as well as a bipartite coaching contract. If accepted by the Client, a deposit of 50% of the total cost of the service will be paid by the Client, the balance of the service will be paid halfway through the number of sessions planned.
The technical and logistical costs linked to the execution of the mission are the responsibility of the Client and are in no instance included in the fees. These costs are invoiced at their cost price or in the form of a fixed price defined in advance with the Client and accepted by the Client when signing the order form.
It is up to the client to take the necessary steps for the management and payment of the training by the OPCO (or equivalent financing organism) to which it is affiliated.

7. Consultancy
Any consultancy service is the subject of a commercial and financial proposal established by AXEL. If accepted by the Client, a minimum deposit of 30% of the total cost of the service will be paid by the Client.
Where applicable, the price of the service may be revised on the anniversary date of the contract by application of the agreed revision formula.
To carry out consulting missions, AXEL invoices the consultants' time devoted to the mission, either based on a price per day of intervention, or on a fixed price basis.
The technical and logistical costs attached to the execution of the mission are the responsibility of the Client and are in no case included in the fees. Unless otherwise stated in the proposal, these fees are billed at cost.

8. Provisions applicable to the entire AXEL service offering
8a. Conditions for placing Orders
The proposal and prices indicated by Axel are valid for 30 days from the date of sending the order form.
The offer of services is deemed accepted upon receipt by AXEL of a contract, an agreement or a purchase order signed by any duly authorized representative of the Client, within 30 days of issue. Signing the order form and/or agreeing to the proposal implies knowledge and irrevocable and unreserved acceptance of the present conditions, which may be modified by AXEL at any time, without notice, and without this modification giving rise to rights. compensation for the benefit of the Client.

8b. Billing - Payment
All prices are expressed in euros and excluding taxes. They will be increased by VAT at the current rate. Any taxes, customs or import duties as well as bank charges caused by the payment method used will be paid by the Client. The travel costs of the consultant(s) or trainer(s) as well as the costs of room rental, documentation and rental of training equipment (video projector, metaplan, etc.) are charged extra.

8c. Force majeure
AXEL cannot be held responsible towards the Client in the event of non-performance of its obligations resulting from an event of force majeure. Are considered as force majeure or fortuitous event, in addition to those usually recognized by the jurisprudence of the French Courts and Tribunals and without this list being restrictive: the illness or accident of a consultant or training facilitator, strikes or social conflicts internal or external to AXEL, natural disasters, fires, failure to obtain visas, work authorizations or other permits, laws or regulations subsequently put in place, state of emergency, wars, riots, border closure, intervention by civil or military authorities, act of sabotage, terrorist act, water damage, health risks, infectious diseases, pandemics, quarantine measures, interruption of telecommunications, interruption of energy supply, interruption of communications or transport of any type, or any other circumstances beyond the reasonable control of AXEL.

8d. Intellectual property
AXEL is the sole owner of the intellectual property rights of all the training that it offers to its Clients. To this end, all content and educational materials, whatever their form (paper, electronic, digital, oral, etc.) used by AXEL to provide training, remain the exclusive property of AXEL. As such, they cannot be subject to any use, transformation, reproduction or exploitation not expressly authorized within or outside the Client's company without express agreement from AXEL.
Any reproduction, representation, modification, publication, transmission, distortion, total or partial, of the training content is strictly prohibited, regardless of the process and medium used. In any event, AXEL remains the owner of its tools, methods and know-how developed previously or during the execution of services to the Client.
Furthermore, AXEL points out that it is strictly prohibited, unless expressly authorized by Axel, to record, photograph or film all or part of the training sessions. In the event of non-compliance with this clause by the Client, the latter becomes liable, in particular on the basis of articles L. 122-4 and L. 335-2 et seq. of the Code de la Propriété Intellectuelle.

8e. Confidentiality
The parties undertake to uphold confidentiality of information and documents concerning the other party of whatever nature, whether economic, technical or commercial, to which they may have access during the execution of the contract or on during exchanges that took place prior to the conclusion of the contract, in particular all the information appearing in the commercial and financial proposal transmitted by AXEL to the Client.
AXEL undertakes not to communicate to third parties other than its affiliates, partners or suppliers, the information transmitted by the Client, including information concerning Users.

8f. Communication
Except in special cases discussed with the Client upon signing the contract, the Client agrees to be cited by AXEL as a client of its service offerings, at AXEL's expense. Subject to compliance with the provisions of article 8.e, AXEL may mention the name of the Client, its logo as well as an objective description of the nature of the services, subject of the contract, in its reference lists and proposals to the attention of its prospects and Clients, particularly on its website, interviews with third parties, communications to its staff, internal forecast management documents, annual report to shareholders, as well as in the event of legal, regulatory or accounting provisions requiring it .

8g. Protection of the trainee's personal data
The personal data of trainees is used strictly within the framework of registration, execution and monitoring of their training by the AXEL services in charge of processing. This data is necessary for the execution of the training in application of article L 6353-9 of the Ciode du Travail and associated AXEL services. They are kept for the legal duration of the administrative and financial controls applicable to training actions. In application of the regulations on the protection of personal data, the trainee benefits from a right of access, rectification, limitation of processing as well as a right of opposition and portability of his data if this is applicable, which can be exercised by contacting AXEL, 240 rue Gustave Eiffel, 76230 Bois Guillaume, France.
As the person responsible for processing its personnel file, the Client undertakes to inform each trainee that personal data concerning them are collected and processed by AXEL for the purposes of carrying out and monitoring the training under the conditions defined herein.
The AXEL charter of protection of personal data is available on the websites www.axelconseil.com and www.axelsport.com.

9. Applicable law - Attribution of jurisdiction
Any dispute will be subject to the exclusive jurisdiction of the Tribunal du Commerce de Rouen, subject to public order provisions protecting consumers. All rights and obligations arising from your business relationship with AXEL are prescribed 12 months from the day on which the service ended or should have ended.
By way of derogation from the above, in the case of Clients who are consumers or non-professional buyers, they must contact AXEL Client service as a priority on +33 (0)6 23 07 57 55, from Monday to Friday excepting public holidays, from 10 a.m. to 6 p.m. or by email contact@axelconseil.com or by post to AXEL, 240 rue Gustave Eiffel, 76230 Bois Guillaume, France.
In the event of failure of the complaint request to Client service or in the absence of a response from this service within 30 days, the Client may submit the dispute between him and AXEL to a mediator free of charge.
He will then contact the Agence Nationale de Médiateurs (ANM) either by post by writing to 2 rue de Colmar 94300 Vincennes, France, or by email by completing the online referral form at the following address: www.anm-conso.com.
The parties to the dispute remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.