General Terms And Conditions Of Sale Services Provided By JFA SL (GTC)

Update: August 4, 2022

 

  1. Purpose and scope of the GTC
  2. Definitions
  3. Key features of JFA SL services
  4. Commercial proposal issued by JFA SL
  5. Acceptance of partnership and execution of the Commercial Proposal by JFA SL
  6. Financial conditions
  7. Exercising the right of withdrawal
  8. Disclaimer of liability of JFA SL
  9. Obligations of JFA SL
  10. Obligations of the Customer
  11. Personal data
  12. Intellectual Property
  13. Privacy
  14. Miscellaneous provisions

 

  1. PURPOSE & SCOPE OF THE GSV

 

These General Terms and Conditions of Sale (hereinafter “GTC”) apply to the contractual relationship between JFA SL and the Client and govern the terms and conditions of the consulting and support services offered by JFA SL.

 

Validation of the Commercial Proposal by the Customer implies full and complete acceptance, without restriction or reservation, of these GTC.

 

The Customer declares to have read and accepted these GTC. These GTC constitute, together with the Commercial Proposal issued by JFA SL, the contractual documentation applicable to the relationship between JFA SL and the Customer.

 

These GTC are supplemented by the Privacy and Cookie Policy, which is an integral part of the provisions governing the relationship between JFA SL and the Customer.

 

  1. DEFINITIONS

 

Capitalized terms used in these GTC, whether in the singular or plural, shall have the following meaning:

 

  • “GTC“: means the present general terms and conditions of sale and any documents supplementing them.

 

  • “Customer” means the person to whom the Commercial Proposal issued by JFA SL is addressed and who places an order with JFA SL.

 

  • “Order” means any order, in any form including a signed Commercial Proposal, issued by the Customer for the purchase of Services offered by JFA SL.

 

  • “Personal Data” means any information relating to an identified or identifiable natural person.

 

  • “Commercial Proposal” means any document sent by JFA SL to the Customer including the description of the services offered, their quantity and their price.

 

  • “Party(ies)” means JFA SL and/or the Customer.

 

  • “Service(s)“: means any service(s) of any kind provided by JFA SL in connection with the Commercial Proposal or the performance of the Services.

 

  • “Vendor” means JFA SL, as a provider of support and consulting services.

 

  • “JFA SL” means Julien Fortuit Agency SL, a company incorporated under Spanish law, registered in the Madrid Trade Register under NIF B88518998.

 

  1. ESSENTIAL CHARACTERISTICS OF THE SERVICES PROVIDED BY JFA SL

 

JFA SL is a consulting agency based on the recognized expertise of Julien Fortuit.

 

As a service provider, JFA SL offers its Clients personalized support within the framework of coaching programs whose various Services are mentioned in a Commercial Proposal issued by JFA SL, allowing the Client to benefit from a support adapted to its needs.

 

Julien Fortuit offers the following three categories of programs:

 

  • Personal & professional “inside-out” coaching: a three-month coaching program that includes various services (10 sessions of 90 minutes to 2 hours, a direct line of communication with Julien Fortuit, a proven questioning approach, a personalized book and video program, preparation of a new CV).
  • Coaching & mentoring in business development, original & non-conformist: personalized support program.
  • Sales Team Coaching & Mentoring: a two-month program to install a coaching and mentoring practice.

 

  1. ISSUANCE OF A CUSTOMIZED BUSINESS PROPOSAL BY JFA SL

 

In light of the information provided by the Customer, JFA SL will issue an appropriate Commercial Proposal. The Commercial Proposal shall state the nature of the Services contemplated, their scope, their quantity and the price applied.

 

The validity period of the Commercial Proposal issued by JFA SL to the Customer is three (3) months from its date of issue.

 

  1. ACCEPTANCE BY THE CUSTOMER & PERFORMANCE OF THE SERVICES BY JFA SL

 

  • Validation of the Commercial Proposal

 

The Customer’s written confirmation of the Commercial Proposal issued by JFA SL entails full and complete adherence, without restriction or reservation, to these GTC. It is the Customer’s responsibility to provide JFA SL with any instructions, documentation and more generally any information necessary for JFA SL to perform its obligations under these GTC.

 

  • Modification of the Commercial Proposal

 

Any modification of the Commercial Proposal accepted by the Client is subject to the prior written acceptance of JFA SL. In case of modification of the Commercial Proposal, an adjustment of the execution and delivery terms of the Services as well as additional invoicing may be applied. The modification of the Commercial Proposal is only effective when a written agreement on the terms of performance and delivery of the Services and on the price has been reached between JFA SL and the Customer.

 

 

 

  • Cancellation of the Commercial Proposal

 

Subject to the application of Section 7, any cancellation of the Commercial Proposal accepted by the Customer is subject to the prior written acceptance of JFA SL. The conditions for cancellation of the Services are, if applicable, provided for in the Commercial Proposal issued by JFA SL.

 

  • Scope and Timeframe of the Services

 

The nature, scope and quantity of the Services provided by JFA SL to the Customer are precisely mentioned in the Commercial Proposal issued by JFA SL.

 

Any time frame for the performance of the Services included in the Commercial Proposal is given as an indication only and does not constitute a firm commitment on the part of JFA SL.

 

  1. FINANCIAL CONDITIONS

 

  • Price of the Services

 

The prices of the consulting services, taken separately, are fixed in the Commercial Proposal issued by JFA SL and sent to the Client.

 

The price in euros (€) excluding taxes, is increased by the applicable VAT rate.

 

In case of modification of the Commercial Proposal under the conditions defined in Article 5 of these GTC, the price of the Services will be updated by JFA SL. No discounts, rebates or refunds, other than those listed in the Commercial Proposal, are applied by JFA SL.

 

  • Billing terms and conditions

 

JFA SL will issue invoices in accordance with applicable regulations. Invoices will be sent to the Customer, after acceptance of the partnership, to the billing address provided in the Order.

 

  • Terms of payment

 

It is expressly agreed between the parties that only the payment method proposed by JFA SL is accepted. In no case will the Customer be able to use any other method of payment. The payment of the price of the services will be made by bank transfer to JFA SL who will send you its precise bank details.

 

The specific payment terms that may be applied are set, if applicable, in the Commercial Proposal issued by JFA SL and sent to the Customer (e.g.: payment upon receipt of the invoice, proposed payment schedule…).

 

 

  1. RIGHT OF WITHDRAWAL

 

The Customer who, as a professional, benefits from the services offered by JFA SL expressly acknowledges that he does not have any right of withdrawal.

 

If the Customer is a consumer, he/she has a legal right of withdrawal. Pursuant to Article L. 221-18 of the French Consumer Code, the Customer has a period of fourteen (14) days from the conclusion of the contract, on the day of acceptance of the Commercial Proposal, by him or a third party that he has designated, to exercise his right of withdrawal from JFA SL, without having to justify his reasons or pay any penalty.

 

In order for the withdrawal period to be respected, the Customer must send his notification of the exercise of the right of withdrawal before the expiration of the withdrawal period to JFA SL including: his name, postal address and when available, his telephone number and e-mail address as well as his decision to withdraw by means of an unambiguous statement expressing his will to withdraw.

 

Without this being obligatory, the Customer can use the model of withdrawal form appearing in appendix 1 to the present GTC by sending an email to julien@julienfortuitagency.com.

 

  1. DISCLAIMER OF LIABILITY OF JFA SL

 

In no event shall JFA SL be liable for any consequential damages, including lost profits, loss of image, business interruption, loss of opportunity, or loss of Client’s profits, arising out of the performance of the Services.

 

  1. OBLIGATIONS OF JFA SL

 

JFA SL is only bound by an obligation of means towards the Client in the exercise of its coaching and support missions. JFA SL undertakes to do its utmost to provide the Client with quality Services that meet its expectations and respect its needs.

 

  1. OBLIGATIONS OF THE CLIENT

 

The Customer is required to pay the price of the Services in accordance with the terms and conditions set forth in Article 6 of these GTC.

 

The Customer expressly agrees to cooperate with JFA SL by providing documentation, instructions and information necessary for the proper performance of the Services by JFA SL.

 

  1. PERSONAL DATA

 

Personal data provided by Customers in connection with the performance of services by JFA SL are processed by JFA SL in accordance with the Privacy and Cookie Policy made available to the Customer.

 

By accepting the present GTC, the Customer acknowledges having been informed, if his telephone data has been collected, of his right to register on the opposition list to telephone canvassing (BLOCTEL) pursuant to Article L. 223-3 of the Consumer Code.

 

  1. INTELLECTUAL PROPERTY

 

JFA SL and/or its partners are the exclusive owners of the intellectual property rights related to the content of the website www.julienfortuitagency.com and the services provided by JFA SL including, but not limited to: trademarks, logos, domain names, graphic charts, texts, gifs, animations, sounds, icons, illustrations, photographs, images and videos, whether visual or audio, databases, as well as their formatting.

 

Any reproduction, representation, broadcasting, distribution, translation, modification, adaptation, retransmission or publication, even partial, of these various elements is strictly forbidden without the prior express written consent of JFA SL and/or its partners.

 

Some of the visuals and information provided by JFA SL have required the use of external sources for which JFA SL has acquired the rights or for which the rights of use are open.

 

  1. CONFIDENTIALITY

 

The Parties expressly agree not to disclose any confidential information of which they would have knowledge within the framework of the execution of the present GCS and in particular of confidential information concerning the activity, the business life and the products and services marketed by each of them.

 

Confidential information includes, but is not limited to, the following: communications between JFA SL and Customer in any form and personal data. Neither party shall use the other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under these GTC.

 

The Parties expressly acknowledge that the obligation of confidentiality provided for in these GTCs shall continue beyond the end of their contractual relationship.

 

  1. MISCELLANEOUS PROVISIONS

 

  • Duration – Termination

 

These GTC shall remain enforceable against the Customer for the duration of the performance of the services by JFA SL. The provisions of these GTC which by their nature are intended to survive beyond the expiration or termination of the GTC shall remain applicable.

 

In the event of non-compliance by one of the Parties with any of the obligations provided for in these GTC, the other Party may, at the end of a period of thirty (30) days after formal notice by registered letter with acknowledgement of receipt which has remained without effect, terminate the contract by registered letter with acknowledgement of receipt, without prejudice to the right to claim damages and interest.

 

  • Tolerance

 

The failure of either party to insist at any time on the strict performance by the other party of any provision or condition of these GTC shall not be deemed a final waiver of such provision or condition.

 

  • Nullity of a clause

 

Should any of the non-material provisions of the GTC be invalid or unenforceable by virtue of any law or regulation or as a result of an enforceable court decision or decision of a competent authority, the parties expressly agree that these GTC shall not be affected by the invalidity of the provision concerned.

 

  • Language

 

The present GTC are written in French.

 

  • Mediation

 

In application of article L. 612-1 of the French Consumer Code, if the Customer is a consumer, he may submit any dispute with JFA SL regarding the execution of these GTCs to the Consumer Mediator who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.

 

To submit a request for mediation, the online dispute resolution platform provided by the European Commission is accessible at the following address :

 

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.

 

The Customer remains free to accept or refuse the recourse to mediation as well as to accept or refuse the solution proposed by the mediator.

 

  • Applicable Law and Dispute Resolution

 

These GTC are governed, interpreted and subject to French law.

 

Any dispute relating to these GTC or to the functionalities proposed herein, which could not be resolved amicably between the Customer and JFA SL, will be submitted to the competent French courts under the conditions of common law.

 

 

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APPENDIX 1 – SAMPLE WITHDRAWAL FORM

 

(Please complete and return this form only if you wish to exercise your right of withdrawal in accordance with Article L. 221-18 of the Consumer Code)

 

To the attention of JULIEN FORTUIT AGENCY SL

Address : Calle Arturo Baldasano, 15 – Esc1, 1C – 28043 Madrid – Spain

julien@fortuitagency.com

 

I hereby notify you of my withdrawal from the contract for the sale of the following Services:

 

  • Services Reference: …………………………………………………..
  • Business Proposal Number: …………………………………………………..
  • Ordered on: …………………………………………………..
  • Description of Services: …………………………………………………..
  • Name of the Client/Beneficiary of the Commercial Proposal: ………………………………………………………..
  • Customer address: ……………………………………………………………..

 

Date: …………………………………………………..

 

Client’s signature

 

Add the link to confidentiality policy