PART I – GENERAL TERMS AND CONDITIONS OF SALE
For the purposes of these terms, the defined terms below, in both singular and plural forms, shall have the following meanings:
“Service Provider“: Lenôtre School in its mission of providing training courses.
“Client“: any legal or natural person (employee of a legal entity or individual) entering into a training agreement with Lenôtre School.
“Course“: training courses offered directly by the Service Provider or indirectly through its website.
Article 1 – General provisions
1.2 If any provision of these terms (in whole or in part) is found to be illegal, invalid, or unenforceable, the other provisions shall remain in effect.
1.3 The failure of the parties to exercise the rights granted to them herein shall not be construed as a waiver of such rights.
1.4 This document is written in English.
Article 2 – Purpose
Lenôtre offers TRAINING COURSES: Certificates, Professional Titles, career change programs, long-term courses, 1 to 5-day workshops, customized training. The detailed content, location, dates and times, as well as the price of the courses, are determined in the training agreement.
The purchase or booking of one or more courses implies the Client’s unconditional acceptance of these General Terms and Conditions of Sale.
Article 3 – Price
The price of the course is the one indicated in the quote or in the course agreement.
Prices are stated in euros, excluding taxes or including all taxes. Prices may be revised at any time without notice. The prices charged are those in effect on the day of the reservation. They are subject to the applicable VAT rates on the day of the course. Any new taxes or charges that may be created or any modification of current taxes or charges would automatically result in a price adjustment. Prices may also be subject to a differentiated pricing policy based on the management of available capacities, resulting in their variation. It is the Client’s responsibility to assess, before confirming the reservation, whether the price is acceptable. No dispute concerning the price will be considered later. Prices for courses or services outside of courses will not be modifiable after reservation.
In case of full or partial funding by one or more public or private financial contributions: the Client must provide documents proving the amounts, payer(s) and their contact details, as well as the payment terms, in order to include this information in the training agreement. The Service Provider cannot be held responsible for any contribution to this funding or be held liable for the Client’s failure to obtain it.
Article 4 – Reservation and Payment Condition
4.1 The Service Provider makes these General Terms and Conditions available to the Client on its website for review before making any reservation. Reservations are made by email upon return of the signed documents and the initial payment.
To make a reservation, the Client must be at least 18 years old and legally capable of entering into a contract.
Any fraud that violates these General Provisions may result in the Service Provider’s refusal, at any time, to grant access to the Courses.
4.2 Any reservation implies acceptance of these presents and becomes effective upon total or partial payment by the Customer. In the event of partial payment, the remaining balance must be paid by the Customer no later than 15 days before the training.
A deposit is requested from the trainee (legal entities and their employees and individuals) upon signing the Training Agreement, up to:
For Vocational Training and Retraining Module:
– More than 30 calendar days before the date of entry into training, 50% of the total amount of the training,
– Below 29 to 15 calendar days before the date of entry into training, 100% of the total amount of the training,
For multiple retraining modules:
– More than 30 calendar days before the date of entry into training, 50% of the total amount of all modules,
– Less than 29 calendar days before the date of entry into training, 100% of the amount of module 1 and 50% of the other modules.
Beyond the day of the training, the balance of each module must be paid 15 days before the start of the module.
For bespoke trainings:
– More than 30 calendar days before the date of entry into training, 80% of the total amount of the training
– Less than 29 calendar days before the date of entry into training, 100% of the amount of the training.
For long-term training The balance will be paid in installments, monthly as the training progresses.
4.3 Payment is made by bank transfer
Registration is confirmed upon receipt of the signed documents and the first payment.
4.4 Any late payment will result, after sending a letter of formal notice, invoicing late payment interest excluding all taxes, equivalent to the application of a rate equal to the rate of the European Central Bank plus 10 dots. These penalties will be applied from the due date of the principal to the date of effective and total payment.
A lump sum compensation for recovery costs of €40 will be automatically due by all professionals in the event of late payment (art. L441-5 of the Commercial Code).
Article 5 – Cancellation conditions
Any course started is due. In case of delay, or early departure, the participant will not be able to recover his hours.
5.1 Notwithstanding article 11, Lenôtre reserves the right to consider cancellation requests subject to the following condition:
– Formulate and send your request in writing to Ecole Lenôtre at the following address Clientecole@lenotre.fr. or by registered letter with acknowledgment of receipt (+copy by email)
– Based on the following deadlines:
More than 60 calendar days before the date of entry into training: reimbursement of all sums paid.
Between 30 and 60 calendar days before the date of entry into training: reimbursement of the sums paid, after deduction of the non-reducible cancellation costs of 30% of the overall cost of the training.
From 29 to 15 calendar days before the date of entry into training, reimbursement of the sums paid, after deduction of the non-reducible cancellation fees of 50% of the overall cost of the training,
Less than 15 calendar days before the date of entry into training, or when the training has started: 100% of the overall cost of the training.
Any sum that may remain due by the Customer after deduction of the cancellation costs is invoiced.
For tailor-made training:
More than 60 calendar days before the date of entry into training: reimbursement of all sums paid.
Between 30 and 60 calendar days before the date of entry into training: reimbursement of the sums paid, after deduction of the non-reducible cancellation costs of 50% of the overall cost of the training.
– Less than 29 calendar days before the date of entry into training, or when the training has started: 100% of the overall cost of the training,
Any sum that may remain due by the Customer after deduction of the cancellation costs is invoiced.
In the event of withdrawal of one or more trainee(s) named in the agreement for training entirely dedicated to the Client, all of the training remains due.
In the event of withdrawal of one for several trainee(s) named in the agreement for training shared with other Clients, the conditions of the § above apply, unless the number of withdrawals is greater than half of the maximum number provided for in the training programme. In this case, the stipulations of the preceding paragraph apply.
5.2 Furthermore, except in cases of force majeure, Ecole Lenôtre reserves the right to cancel or postpone one or more lessons, 5 days before the scheduled date. In this case, the total amount paid by the Customer will be fully refunded, unless it can be postponed to another date agreed with the Customer.
In the event of cancellation of the training by Ecole Lenôtre, the agreement is automatically terminated, without notice or compensation, and the Client is reimbursed for the sums paid.
If the Client accepts equivalent training at Ecole Lenôtre, the sums already paid are transferred to the postponed session.
In the event of interruption of the training by Ecole Lenôtre, the agreement is terminated without notice or compensation, and the Customer remains liable for the part of the training carried out. The Customer is reimbursed for the part not carried out.
Article 6 – Realisation
6.1 Recipes may change from session to session. Ecole Lenôtre reserves the right to change one or more ingredients of a recipe according to arrivals and seasons. The courses involve the active participation of the Client. For the smooth running of the Course, the Client agrees to comply with the health and safety rules, which are explained to him by the trainer before the start of the Course.
6.2 At the end of the course, the Customer who wishes to reproduce a recipe learned at Ecole Lenôtre, does so under his responsibility and Ecole Lenôtre cannot be held responsible for the result on the grounds that it was made at the Lenotre School. Ecole Lenôtre cannot be held liable for any damage resulting from the consumption of dishes prepared and then taken away by the Customer outside the School.
6.3 The trainers (excluding “Signature” courses where the trainer is expressly named) may change from one session to another.
6.4 Prohibited from selling any product produced during training within the School.
Article 7 – Confidentiality
The parties reciprocally undertake to keep the strictest confidentiality on all the documents and information that would be brought to their attention in the context of the execution of the Courses.
Article 8 – Intellectual property
The Service Provider is the holder of all the intellectual property rights relating to the brand and logos of Lenôtre and Ecole Lenôtre as well as to the ecole-lenotre.com website.
The accessible elements, in particular in the form of texts, photographs, images, icons, sounds, are also protected by intellectual and industrial property rights and other private rights. The Customer may not under any circumstances reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of the Service Provider’s brands. without his prior permission. The unauthorized use, for any reason whatsoever, of all or part of the information may be the subject of any appropriate action, in particular an action for infringement. Similarly, it is expressly forbidden to use the recipes of the Ecole Lenôtre for demonstrations, publications,
Photographs, video films or any other recording process during lessons are not permitted.
Ecole Lenôtre reserves the right to use the image of the trainees on media used as educational tools, or to illustrate programs, brochures and the website, unless written notice to the contrary is sent by the Client before the start of the Course . The denominations and logos “ECOLE LENÔTRE” and “LENÔTRE” are the exclusive property of the company LENÔTRE. Consequently, any use of the LENÔTRE (and Ecole Lenôtre) name and/or the LENÔTRE (and Ecole Lenôtre) logos, in particular on packaging, labels, menus, commercial documents, advertising media, whether or not they are preceded or followed by words “student of”, “recipe of”, “way” or other similar expression, without prior written authorization from LENOTRE, would expose its author to prosecution.
Photographs, video films or any other recording processes as well as their reproduction and use for commercial purposes.
Article 9 – Insurance Responsibilities
The Service Provider declines all responsibility in the event of theft or damage caused to any type of object or property (personal effects, hand luggage, equipment, etc.) belonging to the Customer or entrusted to him.
Ecole Lenôtre cannot be held liable for damage caused to the Client’s person or property during the course. Ecole Lenôtre cannot be held responsible for any damage or loss of objects and personal effects brought by the Client.
The Service Provider will invoice the Client for any theft or damage to furniture and property caused in the course premises by itself. In the event of non-performance of its contractual obligations, the Service Provider cannot reimburse more than 100% of the course ordered.
The Service Provider declares that it is insured with a notoriously solvent company for its civil operating liability up to 8 million euros and in particular in the event of food poisoning.
Article 10 – Major Cause
The Service Provider or the Customer reserves the right to cancel a lesson in the event of major cause (fire, explosion, attack, natural disaster, etc.) by presenting proof. Will be considered as a case of Major Cause, any event that meets the criteria of Major Cause within the meaning of article 1218 of the Civil Code and that significantly impacts the realization of the courses or the execution of the contract. In this case, the sums paid by the Customer will be reimbursed for the services not performed without the Customer being able to claim any additional compensation.
It is however understood that in addition to these events presenting the characteristics of force majeure as defined by French law and case law, in the event of the occurrence of any event beyond the control of the Service Provider likely to interrupt all or part of the service, its obligations will be suspended automatically in due proportion, without formality, and without its liability being engaged.
- In particular, the following events are considered as likely to justify the suspension of all or part of the Service Provider’s obligations: Trouble or loss interrupting the use of the Service Provider’s facilities, in particular in the event that the Service Provider is forced to take any precautionary measure in order to ensure the safety of people or service facilities, or to avoid any aggravation of the problem or disaster,
- Interruption in the supply of energy or fluids,
- Work stoppage, illness, strike, or any behavior of the staff, of one or more trainees preventing the Service Provider or its suppliers from fulfilling their obligations under normal conditions.
- Any epidemic or pandemic preventing, in whole or in part, the SERVICE PROVIDER from performing its services, particularly in the event of the School being closed.
Article 11 – Right of withdrawal
From the date of signature of the training agreement by the parties, the Client has a period of 10 days to withdraw. He informs the training organization by registered letter with acknowledgment of receipt. In this case, no sum can be demanded of the Client by way of compensation or forfeiture. The corresponding sum cannot be included in the framework of continuing professional training. This is specified on the invoice and should not be confused with the amounts due for training.
The withdrawal period is extended to 14 days (article L.121-16 of the Consumer Code) for contracts concluded “remotely” and contracts concluded “off-premises”. The trainee informs the training organization by registered letter with acknowledgment of receipt. In this case, no sum can be demanded of the trainee.
Article 12 – Personal data
Article 13 – Notifications and information newsletter
The Client may, at any time and free of charge, ask us to no longer receive advertising or prospecting by contacting us directly at email@example.com or by means of the unsubscribe link included in any prospecting that we would be likely to send him by e-mail. This opposition is without prejudice to the legality of the shipments made before its implementation. In accordance with Article L.223-2 of the Consumer Code, the User is informed of his right to register free of charge on the list of opposition to cold calling (www.bloctel.gouv.fr).
Article 14 – Evidence
It is expressly agreed that, except for manifest error established by the Client or by the Service Provider, the information stored in the latter’s information system has probative value. The information on computer or electronic media kept by the Service Provider constitutes evidence and, if it is produced as evidence in any litigation or other proceedings, it will be admissible, valid and enforceable between the parties in the same way, under the same conditions. and with the same probative force as any document that would be drawn up, received or kept in writing.
Article 15 – Complaints
In the event of a complaint concerning the course, the Customer has the option of contacting the Service Provider by mail, at the address: Ecole Lenôtre – 9 rue de Villeneuve – 94150 Rungis or by e-mail at firstname.lastname@example.org. In the event of a dispute between the professional and the consumer, they will endeavor to find an amicable solution. In the absence of an amicable agreement, the consumer has the possibility of seizing free of charge the mediator of consumption to which the professional reports, namely the Association of European Mediators (AME CONSO), within one year of the complaint. writing addressed to the professional. Referral to the consumer ombudsman must be made
– or by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com
– either by mail addressed to AME CONSO, 11 Place Dauphine – 75001 PARIS.
This provision relating to referral to the Mediator does not apply to legal entities.
Article 16 – Applicable law – Disputes
This contract is governed by French law. It must be applied and interpreted in accordance with this right.
In the absence of an amicable solution, the case will be brought before the competent courts, it being specified that the time limits for taking legal action are not interrupted during the period of search for such an amicable solution. In the event of a dispute or dispute, the French courts shall have exclusive jurisdiction and French laws shall apply. Disputes arising with our Clients registered in the commercial and companies register will be submitted to the Commercial Court of Paris.
PART II – GENERAL CONDITIONS OF USE OF THE WEBSITE
The purpose of this section of the General Conditions of Sale and Use of the www.ecole-lenotre.com website is to define the terms and conditions for the provision, access and use of the Service Provider’s website and are binding. to Users.
For the purposes of this section, the terms defined below, both in the singular and in the plural, shall have the following meaning:
“User”: any person logging onto the website, such as the Customer, visitors etc. ;
“Functionality“: services made available to the User on the website, as described below;
“Courses”: Courses offered on the website mentioned in the Legal Notice.
Article 18 – Access to features
Access to the Functionalities of the website is open to anyone circulating on the said site and is subject to compliance with these conditions. The User is informed that he has the option of saving and printing these T&Cs using the standard functionalities of his browser or his computer. By using the Features, the User acknowledges having obtained from the Service Provider all the necessary information regarding the Features and adheres, without reservation, to the GTCSU.
Any User undertakes, after accepting the GTCSU, to respect them scrupulously. Failure to comply with the GTCSU engages the responsibility of the User and may result in the immediate and automatic suspension, or the definitive and automatic cessation of access to the website and the associated Functions.
The User is responsible for the use he makes of the information made available to him by the Service Provider in the context of the Features and must take into consideration all the warnings appearing in these GTCSU and on the website.
The conditions of access and use of the Features are subject to change without notice by the Service Provider. The availability of each Feature depends on the website and a User may therefore not have access to all or part of the Features below.
Article 19 – Features
The website allows the User to access all or part of the following Features:
19.1 View Course Information. This functionality allows the User to have access to information relating to the Courses (eg: timetables, descriptions and special conditions of the Courses, information on the products offered, etc.).
19.2 Reservation. The User may book Lessons on the website. The conditions of access and operation of the order of these Courses appear on the website and herein.
19.3 Receive notifications and information newsletters from the Service Provider and/or its partners. Depending on the choices made during the reservation, the User may receive commercial notifications, if any, and/or newsletters (newsletter) from the Service Provider and/or its commercial partners.
Article 20 – Website
20.1 Availability. Access to the website is free and open to any User with internet access. All costs relating to access, whether hardware, software or internet access costs, are the sole responsibility of the User. He is solely responsible for the proper functioning of his computer equipment as well as his access to the Internet.
The website is in principle accessible 24 hours a day, 7 days a week, but certain Features may have different availability times. The schedules relating to the availability of Courses are defined in the special conditions applicable to said Courses.
The Service Provider cannot be held responsible for the unavailability of the website in the event of maintenance, testing, security, repair or any other nature whatsoever.
However, the Service Provider reserves the right, without notice or compensation, to temporarily or permanently close the website or access to one or more features, in particular to carry out an update, maintenance operations, modifications or changes to operational methods, servers and hours of accessibility, without this list being exhaustive. The Service Provider also reserves the right to suspend, interrupt or permanently terminate all access to all or part of the website in the event of force majeure, as defined by case law, or any other fact beyond its control. .
20.2 Anomalies – Malfunctions. The Service Provider does not guarantee that the website will be free from anomalies, errors or bugs, nor that these can be corrected, nor that the website will operate without interruption or breakdowns, nor that it is compatible with particular hardware or configuration.
20.3 Liability. Under no circumstances is the Service Provider liable for damages of any kind (including loss of profits or opportunity, etc.) that may result from changes and/or temporary or permanent, total or partial unavailability of the website. or any Feature. More broadly, unless there is proof of a fault on its part, the Service Provider is in no way liable for damages of any kind (including loss of profits or opportunity, etc.) which may result from the use of the website. , such as, in particular, loss of data, intrusion, virus, suspension of service, fraudulent use of credit card.
Article 21 – Cookies
In this case, the purpose of cookies is to (i) facilitate navigation on the website; (ii) Facilitate User authentication; and (iii) Measure the audience on the website.
It is specified that disabling cookies could prevent the use of or access to certain features of the Website.
The User has a right of access, withdrawal and modification of the personal data communicated by means of cookies under the conditions indicated in article 12 above.
Article 22 – Hypertext links
It is possible to create a hypertext link to third-party websites without the express authorization of the Service Provider. Under no circumstances may the creation of a hypertext link on the Portal engage the liability of the Service Provider.
Article 23 – General Provisions
The Service Provider reserves the right to modify all or part of this section of the GTCSU at any time and without notice. In this case, the applicable provisions will be those in force on their date of posting and will be enforceable on the date of use of the website by the User.
Dernière mise à jour : DECEMBRE 2022