General Terms And Conditions Of Sale Services Provided By JFA SL (GTC)
Updated: February 2nd 2024
- PRESENTATION OF JULIEN FORTUIT AGENCY SL.
- DEFINITIONS.
- CONTRACTUAL DOCUMENTS.
- PURPOSE & SCOPE OF THE GTCS.
- DESCRIPTION OF THE ESSENTIAL CHARACTERISTICS OF THE SERVICES PROVIDED JFA SL.
- TERMS AND CONDITIONS OF THE COMMERCIAL PROPOSAL AND SERVICES.
- FINANCIAL CONDITIONS.
- CUSTOMER’S RIGHT OF WITHDRAWAL.
- OBLIGATIONS OF JFA SL.
- DECLARATIONS AND OBLIGATIONS OF THE CUSTOMER.
- PERSONAL DATA.
- INTELLECTUAL PROPERTY.
- CONFIDENTIALITY.
- RESPONSIBILITIES.
- DURATION AND TERMINATION OF SERVICES.
- MISCELLANEOUS PROVISIONS.
1.PRESENTATION OF JULIEN FORTUIT AGENCY SL
Julien Fortuit Agency SL (“JFA SL“) is a company incorporated under Spanish law, registered in the Madrid Commercial Register under number NIF B88518998, whose registered office is located at Calle de Arturo Baldasano 15 – 28043 Madrid, Spain.
JFA SL is a consultancy agency based on the expertise of Julien Fortuit, a performance coach renowned for his skills in professional and personal training, coaching and consultancy.
JFA SL provides its customers with a website accessible at https://www.julienfortuitagency.com/fr/, with a view in particular to presenting the services offered by JFA SL (the “Website”).
JFA SL and the Customer (the “Parties“) acknowledge and agree that, for the purposes of the interpretation and performance of these General Terms and Conditions of Sale (“GTCS”), capitalized terms used in these GTCS shall have the following meanings:
- “General Terms and Conditions of Sale” or “GTCS“: means these general terms and conditions of sale and any supplementary documents accepted by the Customer and JFA SL.
- “Customer“: means the person who accepts in writing the Commercial Proposal issued by JFA SL and pays for the Services. There are several types of Customers:
The Professional Customer who is acting for purposes relating to its professional activity, including legal entities acting in the name and on behalf of End Users.
The Consumer Customer who is acting for purposes that do not fall within the scope of his/her professional activity, within the meaning of the introductory article of the French Consumer Code.
The Customer who is minor and who act under the responsibility of persons holding parental authority, who must sign the Commercial Proposal jointly with the minor Customer in order for the Order to be valid.
- “Order“: means the signature by the Customer (and his/her legal representatives in the case of a Customer who is a minor) of the Commercial Proposal issued by JFA SL, which constitutes the purchase of the Services and full and final acceptance of the provisions of all the Contractual Documents (defined in article 3.1 below).
- “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, in particular, a description of the Services offered, their essential characteristics, their quantity, their price and the special conditions applicable to their performance, and which must be accepted by the Customer.
- “Party(ies)” means JFA SL and/or the Customer.
- “Service(s)“: means any service(s) of whatever nature, including support and coaching programmes including the Sessions, provided by JFA SL as part of the program chosen by the Customer, the content and particular conditions of execution of which are described in the Commercial Proposal.
- “Party(ies)“: means the Customer and JFA SL together or separately.
- “Session(s)“: refers to individual and/or group coaching and support sessions, face-to-face, by telephone and/or videoconference, led by JFA SL or any person appointed by JFA SL and attended by the Customer and/or the End User.
- “Website“: refers to the JFA SL website accessible at https://www.julienfortuitagency.com/en/.
- “End User(s) means the person(s) who benefit(s) from JFA SL’s Services, paid for by the Customer and acting under the Customer’s responsibility.
3.1. The provision of the Services is governed by the contractual documents listed in the following hierarchical order (the “Contractual Documents“):
- The Commercial Proposal duly accepted by the Customer,
- The General Terms and Conditions of Sale duly accepted by the Customer,
- The privacy and cookies policy issued by JFA SL and available at the following address:
https://www.julienfortuitagency.com/en/privacy-cookie-policy/,
- Any other document incorporated contractually by the common will of the Parties.
The Contract Document referred to in position (i) is of a higher hierarchical rank than the Contract Document referred to in position (ii), which is of a higher hierarchical rank than the Contract Document referred to in position (iii), is of a higher hierarchical rank than the Contract Document referred to in position (iv).
3.2. The Contractual Documents express the entire agreement of the Parties and cancel and replace any previous agreement, letter, offer or other written or oral document having the same purpose.
In the event of any contradiction between the Contractual Documents, the higher-ranking Contractual Document shall prevail over the lower-ranking Contractual Document, the Commercial Proposal being the highest-ranking.
In the event of the invalidity of one or more stipulations of one or more of the Contractual Documents, by virtue of a legislative or regulatory provision, or in application of a final decision of a competent court, this shall not affect the validity and effectiveness of the stipulations of the said Contractual Document and/or of the other Contractual Documents, which shall remain in force. Where applicable, the Parties undertake to negotiate in good faith valid clauses to replace those which have been wholly or partially invalidated.
3.3. The provision of the Services is subject to acceptance of the Contractual Documents. Written confirmation by the Customer of the Commercial Proposal issued by JFA SL (the “Order“) implies full acceptance, without restriction or reservation, of the Contractual Documents, including these GTCS. Upon request, the Customer shall provide JFA SL with all documentation and information necessary for JFA SL to perform its obligations under these GTCS.
3.4. When applicable, the Customer shall send a copy of the Contractual Documents to the End-Users for them to aknowledge it, it being the Customer’s responsibility to impose on the End-Users confidentiality obligations at least equivalent to those provided for under the terms of these GTCS.
4. PURPOSE & SCOPE OF THE GTCS
These General Terms and Conditions of Sale apply to the contractual relationship between JFA SL and the Customer and govern the manner in which the Services offered by JFA SL are performed.
The Customer declares that he has read and accepted these GTCS.
5. DESCRIPTION OF THE ESSENTIAL CHARACTERISTICS OF THE SERVICES PROVIDED JFA SL
5.1 Issuance of a customized Sales Proposal by JFA SL – As a service provider, JFA SL offers its Customers support and coaching programs whose various Services are mentioned in the Sales Proposal issued by JFA SL.
In light of the information and requirements previously communicated by the Customer, if any, JFA SL will issue a Commercial Proposal. The Commercial Proposal states the nature of the Services envisaged, their scope, their quantity, the price applied and any other specific conditions of performance.
5.2 Description of the Services provided by JFA SL – JFA SL offers several support and coaching programs which are subject to be adapted to each Customer, the content of which is described in the Commercial Proposal. The Customer chooses a program based on his/her/its needs, in consultation with Julien Fortuit. The various programs are also available on the Website.
As part of the programs, JFA SL offers individual and/or group coaching sessions and provides support materials such as printed and/or digital manuals and video content.
The duration, modalities and, where applicable, all or part of the specific conditions of the Services are set out in the Commercial Proposal.
6. MODALITIES OF THE COMMERCIAL PROPOSAL AND SERVICES
6.1. Modification of the Commercial Proposal – Any modification of the Commercial Proposal is subject to the prior written acceptance of JFA SL and the Customer.
In case of modification of the Commercial Proposal, an adjustment of the execution and delivery deadlines 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 conditions of execution and delivery of the Services as well as on the price has been reached between JFA SL and the Customer.
6.2. Scope and Time of Performance of the Services – The nature, scope, quantity and time of performance of the Services provided by JFA SL to the Customer are set out in the Commercial Proposal issued by JFA SL and accepted by the Customer.
6.3. Making an appointment for the Sessions – The Customer chooses the times of the Sessions from the slots offered by JFA SL, via the link sent to him by e-mail.
6.4. Policy on cancellation and relocation of Services and Sessions – The specific conditions for cancellation and relocation of Services and Sessions are, where applicable, described in the Commercial Proposal issued by JFA SL and accepted by the Customer.
In any event, any cancellation of a Session by the Customer must be made no later than 24 hours before the scheduled appointment time, except in cases of force majeure (see Article 15.3 below). The Customer, and where applicable the End User under the Customer’s responsibility, must send JFA SL all documents requested by JFA SL for the Session, no later than 24 hours before the scheduled appointment time.
The Customer acknowledges that the correct running of the Sessions, including the group sessions, is conditional upon the Customer fulfilling his obligation to cooperate as described in article 10 of these GTCS.
Where the Customer, and where applicable the End User, fails to fulfil their obligation to cooperate, JFA SL reserves the right to replace them in group sessions and/or withdraw them from Sessions without any possibility of reimbursement.
In general, where the Customer does not comply with the cancellation policy, JFA SL reserves the right not to reschedule cancelled Sessions, nor to refund them.
7.1. Price of the Services – The price of the Services is set by the Commercial Proposal issued by JFA SL and accepted by the Customer.
The price in euros (€) excluding VAT is increased by the applicable VAT rate.
In the event of modification of the Commercial Proposal under the conditions defined in article 6 of these GTCS, the price of the Services will be updated by JFA SL. No discounts, rebates or refunds, other than those appearing, where applicable, in the Commercial Proposal, are applied by JFA SL.
7.2. Invoicing Methods – JFA SL issues invoices in accordance with applicable regulations. JFA SL will send invoices to the Customer at the billing address provided by the Customer after receipt of the Order. Any special invoicing conditions are described in the Commercial Proposal. In this respect, the Customer expressly acknowledges that invoicing terms and conditions may change as a result of legislative and regulatory changes. JFA SL therefore reserves the right to unilaterally modify the invoicing terms to comply with the regulations in force applicable to JFA SL at the time of invoicing.
7.3. Terms of Payment – The Parties expressly acknowledge that only the method of payment proposed by JFA SL is accepted and that any other method of payment will be refused. Payment of the price of the Services is made by bank transfer to JFA SL, which will send its precise bank details to the Customer after receipt of the Order.
The bank transfer must include the invoice number as a reference, otherwise it may be refused by JFA SL.
Payment must be made in Euros, to the exclusion of any other currency, and the Customer will retain sole responsibility for any bank charges of any nature whatsoever that may be applied by the issuing bank, the receiving bank and/or more generally any third party involved in the payment. In the event that JFA SL is charged all or part of these fees, JFA SL will re-invoice them in full to the Customer.
The specific payment terms that may be applied are set out, where applicable, in the Commercial Proposal issued by JFA SL and accepted by the Customer (e.g. payment on receipt of invoice, proposed payment schedule, etc.).
The Customer expressly acknowledges that JFA SL’s bank details may be changed at any time without the Customer’s consent. In this case, JFA SL undertakes to communicate its new bank details to the Customer without delay.
8. CUSTOMER RIGHT OF WITHDRAWAL
The Customer who benefits from the services offered by JFA SL as a Professional within the meaning of the preliminary article of the French Consumer Code, expressly acknowledges that he has no right of withdrawal, unless he falls within the scope of article L.221-23 of the French Consumer Code.
On the other hand, if he is a Consumer, the Customer benefits from 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 date of the Order to exercise his right of withdrawal from JFA SL, without having to justify his decision or pay any penalty.
In accordance with Article L 221-25 of the French Consumer Code, when the Consumer Customer wishes to begin the Services before the end of the 14-day withdrawal period, JFA SL will send a written request to the Customer to ensure that he/she wishes to waive his/her right of withdrawal. The Customer’s written confirmation will be deemed to be a waiver of its right of withdrawal upon receipt by JFA SL.
In order for the withdrawal period to be respected, the Customer must send notification of the exercise of the right of withdrawal before the expiry of the withdrawal period to JFA SL, including: the Customer’s name, postal address and, where available, telephone number and e-mail address, as well as the Customer’s decision to withdraw by means of an unambiguous statement expressing the Customer’s wish to withdraw.
Without being obliged to do so, the Customer may use the model withdrawal form in Appendix 1 of these GTCS by sending an e-mail to julien@julienfortuitagency.com.
9.1. Compliance with laws and regulations – JFA SL undertakes to comply with these GTCS + Contractual Documents as well as with the laws and regulations in force relating to its activities and not to infringe the rights of third parties or public order in the performance of the Services.
9.2 Provision of the Services – JFA SL is only bound by an obligation of means towards the Customer. In providing the Services, JFA SL undertakes to perform the Services to the best of its ability, with the care required by good practice in its profession and in accordance with the Commercial Proposal, the Customer’s needs and expectations, it being specified that JFA SL is only bound by an obligation of means towards the Customer.
10. DECLARATIONS AND OBLIGATIONS OF THE CUSTOMER
10.1. Legal capacity – The Customer declares that it has full legal capacity to enter into commitments hereunder and has the necessary authorizations to pay for the Services described in the Commercial Proposal.
Before placing any Order, a minor of age of 17 or under must obtain the prior written consent of a parent and/or legal guardian with parental authority and provide such consent to JFA SL. Without this prior written authorization, the minor of age of 17 or under acknowledges that he/she will not be able to benefit from JFA SL’s Services.
10.2. Compliance with laws and regulations – The Customer undertakes to comply with these GTCS + Contractual Documents and with the laws and regulations in force relating to its activities and not to infringe the rights of third parties or public order.
10.3 Cooperation – The Customer expressly agrees to cooperate with JFA SL by providing JFA SL with the documentation and information necessary for the proper performance of the Services by JFA SL. The Customer, and each End-User if they are one or more separate persons, undertake to follow the program seriously and to attend all Sessions. Any cancellation of a Session must be made in accordance with article 6.4 of these General Terms and Conditions.
10.4. Payment of the price – The Customer is obliged to pay the price of the Services in accordance with the terms and conditions set out in article 7 of these GTCS.
10.5. Customer’s liability for End-Users – The Customer enters into a contract with JFA SL for its own account, but also in the name and on behalf of End-Users if they are persons other than the Customer.
In this respect, the Customer is responsible for any breach by End Users of the Contractual Documents, and more generally for any instructions that may be given by JFA SL.
The Customer undertakes to provide the End-Users with any information that may be useful in understanding and complying with their obligations under the Services.
11.1. Personal Data provided by the Customer in connection with the performance of the Services by JFA SL are processed by JFA SL in accordance with the Privacy and Cookie Policy made available to the Customer and with applicable regulations.
11.2 By accepting these GTCS, the Customer acknowledges that, if their telephone details have been collected, they have been informed of their right to register on the telephone anti-solicitation list (BLOCTEL) in application of article L. 223-3 of the French Consumer Code.
12.1. JFA SL’s intellectual property rights – JFA SL and/or its partners, as the case may be, are the exclusive holders of the intellectual property rights relating to the content of the www.julienfortuitagency.com website and the Services provided by JFA SL, including, but not limited to: trademarks, logos, domain names, graphic charters, texts, gifs, animations, sounds, icons, illustrations, photographs, images and videos, whether visual or audio, databases, as well as their formatting.
Any reproduction, representation, dissemination, distribution, translation, modification, adaptation, retransmission or publication, even partial, of these various elements is strictly prohibited without the express prior written consent of JFA SL and/or its partners.
Certain visuals and information provided by JFA SL have required recourse to external sources for which JFA SL has acquired the rights or for which the rights of use are open.
12.2. The Customer’s intellectual property rights – The Customer’s brand as well as all content, documents, elements, knowledge, texts, visuals, images, photographs, catalogues, logos, videos, drawings, models, software and databases made available by the Customer are and remain the exclusive property of the Customer (the “Customer’s Intellectual Property”).
12.3. License to use the Customer’s Intellectual Property – The Customer grants to JFA SL, free of charge, non-exclusive and transferable, worldwide and for the duration of the provision of the Services, the right to use its Intellectual Property for the purposes of the provision of the Services.
The Customer also grants JFA SL the right to use its trademark or logo for the purposes of referencing, presentation, communication or promotion of its support and coaching programmes, in particular on its Website.
12.4 Warranties – For the use of the Customer’s Intellectual Property by JFA SL, the Customer warrants that it is the sole owner of the intellectual property rights and that such use does not infringe, misappropriate or violate the rights of any third party.
13.1. The Parties expressly undertake not to divulge any confidential information of which they may become aware in the context of the performance of these GTCS, and in particular confidential information concerning the activity, business and products and services marketed by each of them.
Confidential information includes, but is not limited to, the following: communications between JFA SL and the Customer in any form and Personal Data. Neither party shall use the other party’s confidential information for any purpose other than the exercise of its rights and the performance of its obligations under these GTCS.
13.2. The Parties expressly acknowledge that the obligation of confidentiality set out in these GTCS shall continue beyond the end of their contractual relationship.
14.1 Each Party shall be solely and exclusively liable for any breach of any of its obligations/warranties under these GTCS provided that the breach does not result from the negligence, fault or misconduct of the other Party, of a third party over whom the Party has no power of control and/or supervision or of a case of force majeure as defined by French law and jurisdictions. The Parties further acknowledge that the liability of the other Party is expressly excluded for any damage occurring outside the performance of these Terms and Conditions and the provision of the Services.
14.2. In no event will JFA SL be liable for any consequential damages, including loss of profits, loss of image, business interruption, loss of opportunity or loss of Customer’s profits arising out of the provision of the Services.
15. DURATION AND END OF THE SUPPLY OF SERVICES
15.1. Duration – The duration of the provision of the Services and the performance of their obligations by the Parties is determined by the Commercial Proposal. In any event, if the Customer wishes to extend the program beyond the duration initially set out in the Commercial Proposal, it may submit a written request to JFA SL. The Customer acknowledges that such an extension can only be made at its request and after acceptance by JFA SL.
These General Terms and Conditions of Sales are applicable as from the written confirmation by the Customer of the Commercial Proposal and remain enforceable against the Customer for the entire duration of the provision of the Services by JFA SL. The clauses of these GTCS which by their nature are intended to survive beyond the expiry or termination of the GTCS will remain applicable, in particular the clauses relating to confidentiality and intellectual property.
15.2. Early termination for fault – In the event of non-compliance by one of the Parties with one of the obligations provided for in these GTCS, the other Party may, at the end of a period of thirty (30) days after formal notice to perform has been sent by registered letter with acknowledgement of receipt and has remained without effect, terminate the contract by registered letter with acknowledgement of receipt, without prejudice to the right to claim damages.
In particular, if the Customer does not comply with its obligations under the Contractual Documents, and in particular its obligation to cooperate as set forth in article 10.3 of these GTCS, JFA SL may immediately terminate their contractual relationship, without notice and without reimbursement of sums already paid.
15.3. Force majeure – In the event that one of the Parties is unable to perform one of its obligations due to the occurrence of an event of force majeure as defined by French law and jurisdictions, this Party will immediately implement the necessary measures to reduce as far as possible the resulting harmful effects for the other Party and will immediately notify the other Party in order to reach an agreement to remedy the situation.
Performance hereunder shall be suspended until such time as the case of force majeure disappears, is extinguished or ceases. However, if the case of force majeure persists beyond a period of thirty (30) days, the Parties shall meet to discuss a possible amendment to these terms and conditions.
In the event that the Parties do not reach an agreement to remedy the situation within a period of thirty (30) days, the Party affected by the case of force majeure may terminate the present contract, in whole or in part, without notice, as of right, without recourse to the courts, by simple registered letter with acknowledgement of receipt, and without compensation.
16.1 Waiver – The failure of either party at any time to require the strict performance by the other party of any term or condition of these GTCS shall not be deemed a waiver of such term or condition.
16.2. Autonomy of clauses – If any of the non-essential clauses of the GTCS should prove to be null and void, unenforceable or inapplicable by virtue of a law or regulation or following a decision of an enforceable court or competent authority, the parties expressly agree that these GTCS shall not be affected by the nullity of the clause concerned.
16.3. Language – These GTCS are drawn up in French.
16.4. Recourse to the Consumer Mediator – If the Customer is a consumer, he must first send his complaint to JFA SL directly by post to the following postal address: Calle Arturo Baldasano, 15 – Esc1, 1C – 28043 Madrid – Spain or at the following e-mail address: julien@julienfortuitagency.com. The Parties will attempt to reach an amicable agreement.
If this attempt fails, the Customer may have recourse to a conventional mediation procedure or to any other alternative dispute resolution method, in particular by having recourse, free of charge, within one year of his complaint, to the competent consumer mediator in accordance with the provisions of Title Ier of Book VI of the Consumer Code designated by JFA SL: AME Conso, which may be contacted:
- Or online (https://www.mediationconso-ame.com) by completing the form provided, together with the supporting documents;
- Or by post: AME Conso, 197 Boulevard Saint-Germain, 75007 Paris, with the supporting documents.
If mediation fails, or if you do not wish to have recourse to it, you remain free to submit your dispute to the competent courts.
To submit a request for mediation, the Customer, whether a consumer or a non-professional, can use a claim form accessible on the mediator’s website.
In addition, the online dispute resolution platform provided by the European Commission can be accessed 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 recourse to mediation and to accept or refuse the solution proposed by the mediator.
16.5. Applicable law and dispute resolution – These GTCS and all the Contractual Documents are governed, interpreted and subject to French law.
Any dispute relating to these GTCS, to all or part of the Contractual Documentation or to the Services and obligations described therein, which cannot be resolved amicably between the Customer and JFA SL, shall be submitted to the competent French courts under the conditions of ordinary law.
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APPENDIX 1 – MODEL 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 French Consumer Code)
For the attention of JULIEN FORTUIT AGENCY SL
Address: Calle Arturo Baldasano, 15 – Esc1, 1C – 28043 Madrid – Spain
julien@julienfortuitagency.com
I hereby notify you of my withdrawal from the contract for the sale of the following Services:
- Services Reference: …………………………………………………..
- Commercial Proposal Number: …………………………………………………..
- Order placed on: …………………………………………………..
- Description of services: …………………………………………………..
- Name of the Customer/Beneficiary of the Commercial Proposal: ………………………………………………………..
- Customer address: ……………………………………………………………..
Date: …………………………………………………..
Customer’s signature
https://www.julienfortuitagency.com/en/privacy-cookie-policy/,
