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.

 

 

* *

*

 

 

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

OVERALL, THE TEN-SESSION COURSE HAS BEEN A LIFE-CHANGING EXPERIENCE FOR ME.
Dear Julien, It has been an enlightening and transformative journey that has empowered me to discover my true worth, leverage my strengths, set meaningful goals, and gain a profound understanding of myself. When I enrolled in your course, I had a burning desire to explore my personal growth and find clarity in various aspects of my life. This course surpassed my expectations in every way. Each session was thoughtfully designed, providing a safe and nurturing environment for self-exploration and growth. One of the most impactful aspects of the course was the emphasis on finding my values. This newfound clarity helped me align my choices with my authentic self, resulting in a greater sense of fulfillment and purpose. Another invaluable lesson I learned was recognizing and leveraging my strengths. Your guidance allowed me to identify my unique abilities and talents, and understand how to apply them effectively in different areas of my life. This knowledge has boosted my confidence and empowered me to tackle challenges with a renewed sense of self-assurance. Moreover, your course helped me develop a deeper understanding of myself. Through various self-reflection exercises and thought-provoking discussions, I gained insights into my beliefs, fears, and motivations. This self-awareness has enabled me to make more conscious choices and cultivate healthier habits, both personally and professionally. Overall, the ten-session course has been a life-changing experience for me. Your expertise, compassionate guidance, and genuine care created an environment that fostered growth, self-acceptance, and personal breakthroughs. I cannot thank you enough for the knowledge and tools you shared, which have had a profound impact on my life. To anyone considering Julien‘s self-development course, I wholeheartedly recommend it. Julien‘s unique ability to facilitate deep self-reflection, coupled with his expertise in personal growth, make his course a transformative experience. Whether you are seeking clarity, looking to unlock your potential, or simply want to understand yourself better, this course will provide you with the necessary tools and guidance. Thank you, Julien, for being a remarkable mentor and helping me embark on this transformative journey. Your course has forever changed my perspective, and I am excited to continue applying the lessons learned as I navigate my personal and professional endeavours. Gratefully yours, Ty Stevens
Ty Stevens
Student
Dubaï, UAE
July 2023
Jomo Elg
THE CALM CONFIDENCE DEVELOPED IS A GIFT FOR LIFE!
I have known Julien for half my life now and witnessed his transformational journey over the last decade or so to become a phenomenal life coach. So when our son found himself facing a serious health issue which could potentially have life-changing consequences for him and expressed great doubts about where he was going, what the purpose was of everything that he had initiated and whether he had made the right choices in his young life, we immediately reached out to ask Julien whether he would step in and have a talk with our son…who reluctantly agreed. Julien's insistence that our son needed to make the decision and take the first steps has been crucial in the process that followed. So has his total commitment to keeping things between him and our son confidential, an aspect which was really reassuring as they set out on the path together. Today, our son is in a much better place than he has ever been in his young adult life. The clarity of purpose that he has found through the process and the calm confidence that he has developed is a gift for life!
Jomo Elg
CEO ECOOKING
Kolding, Dernmark
April 2023
Lucina Sapone
THE BEST COACHING EXPERIENCE
In the space of just two months, Julien tapped into the deepest part of my ambitions. It probably sounds crazy, but at no time did I think that coaching of this type could bring so many benefits. Through intensive discussions with situational scenarios and a disconcerting look at the world of work, Julien prepared me for the start of my career. How to ace interviews, how to match your ambition to your abilities and how to say no are just a few examples of what I call a real experience. Beyond that, it is also a revelation on the personal side that takes place, as suddenly your short and long-term goals are clear, and everything becomes very simple, leaving time for your passion. I recommend Julien for his expertise but above all for his personal dedication and his commitment to spotlighting each personality.
Lucina Sapone
ESCP Bachelor in Management (Paris, Madrid, Berlin) / ESSEC Master in Marketing and Digital (Singapore)
Singapore, Singapore
March 2023
Robin
LOVING THE PRESENT MOMENT
"Working with Julien is without a doubt one of the best things that has ever happened to me. I was going through the most difficult period of my life, both professionally and personally, when I heard about coaching. Being a high-level triathlete ( 25 hours of sport per week) is honestly not easy and a lot of questions arose about the sacrifices and decisions I was making at the time. Finding meaning in getting up every morning at 5 a.m. and being too worried about my future has caused me to have serious health problems. Thanks to my background and the work that I did at my own pace with Julien, I was able to learn, thanks to his skills, what I wanted to do and why while learning to know how to love the present moment. A few months later, after I started, many of my problems, which many thought could not be solved, disappeared. I consider myself extremely lucky to have met this person who knew how to carry out a real rescue."
Robin Elg
Triathlon Athletes & Student Hong Kong University
Hong Kong, China
December 2022
Victoire Roudault
THESE SESSIONS HAVE BROUGHT ME MORE THAN I COULD IMAGINE.
“Awesome, intriguing, and essential. Personal coaching and the development of my brand have become inseparable, evolving in perfect correlation. … Doing personal development coaching sessions is not as simple as that, you have to know how to push yourself to the limits, you have to be ready to let your unconscious take over your conscious mind and you have to trust yourself first and trust Julien. These sessions have brought me much more than I could imagine. Before that I was ignorant. Clueless about the questions I was asking myself when I was facing me. It is a journey that is not easy, but it turns out to be essential when we want to evolve on healthy foundations and create something that comes from our guts. “Know thyself” this sentence makes sense with Julien’s work. Private coaching and the development of my brand have become indissociable, evolving in perfect correlation.”
Victoire Roudault
Founder & Designer @Maison Initial
Paris, France
June 2019