General terms and conditions of sale

General terms and conditions of sale

General terms and conditions of sale

YZA Coaching, simplified joint stock company registered under the number 915 182 331, head office 19 place d’armes, 60200 Compiègne, is a organization of services of coaching which addresses to customers, to high schools and higher education institutions, to companies.

 

Article 1 – Scope of application

 

The present conditions general sale (hereinafter referred to as GTC) define the reciprocal rights and obligations of the parties and apply all coaching services offered systematically delivered to the client. Thus, each contract implies full and unreserved adherence to these GTC and prevail over any other document. Any condition general or particular opposed by the customer cannot prevail on the present GTC. The customer commits to respect the present GTC.

 

The individual customer financing his service privately is hereafter referred to as the customer.

The client whose service is financed by an institution or company is hereinafter referred to as the beneficiary.

Article 2 – Prices and characteristics of the service

 

2.1. Pre-contractual service

 

Any signature of contract of service is carried out after a preliminary interview, free of charge, with the customer or the beneficiary which allows :

 

– The client/beneficiary to test the technique and determine if it is suitable for them.

– For the coach to take a detailed look at the client’s/beneficiary’s situation and see if his/her services are an appropriate response to the client’s/beneficiary’s needs.

– It’s up to the two of them to decide if they want to work together.

 

After the preliminary meeting and provided that both parties are willing to work together, the service most appropriate to the needs of the client/beneficiary, in the form of a package is proposed by the YZA coaching. 

The customer is then reminded that he has a right of withdrawal of 14 days once the contract is signed.

 

2.2 Characteristics of the service offered within the coaching contract

 

Coaching sessions are offered to the client in the form of a targeted or premium package depending on the problem.

The coach, through his questioning and the use of specific tools, accompanies his client in the knowledge of himself, the definition of an objective, the removal of blocking points, the establishment of an action plan allowing to reach this objective within an agreed time.

The tools and methodology used are developed on the website https://www.yza-coaching.fr.

 

The rates indicated on the site are intended for customers . Any taken in charge by the establishment or the company will be the subject of a estimate to the tariff establishment or company which will be transmitted to this one or that one. The products are supplied at the rates in force appearing on the site https://www.yza-coaching.fr at the time of the recording of the order by the salesman and are non-negotiable.

 

The tariff can be understood on the base of a service carried out à distance, byvideoconference , outside communication costs which remain à the load from customer.

 

This rate includes 2 face-to-face sessions for any premium package in the regions of Hauts de France, Ile de France, Normandy

 

Any request for service in face-to-face beyond the 2 sessions included in the premium package will be subject to a studybeyond the 2 sessions included in the premium package will be subject to a study of feasibility as well as of a specific pricing taking into account in the time detransport of the YZA Coaching coach and other inherent costs (transport, reservation of room)

 

VAT not applicable – article 293 B of the CGI

o Targeted coaching

o Fixed price : 600 € TTC

o Location: Videoconference

o Session schedule mutually agreed upon by the parties at the kick-off meeting offered.

o Premium Coaching

o Duration: 3 months

o Number of sessions: 8

o Duration of a session: 1 hour

o Fixed price : 825 € TTC

o Location: Videoconference or hybrid on regions Hauts de France, Ile de France, Normandy

o Scheduling of sessions (dates/times/locations) upon request

o 2 checkpoints of 30 minutes

 

Article 3 – Terms of payment

 

Payment can be made by bank transfer or credit card payment via Stripe :

 

– in 1 to 4 times without charge.

 

Each payment will result in an invoice. The invoice will be sent by e-mail in PDF format, within 48 hours after collection.

 

No session will be held without prior payment.

 

Article 4 – Coming into force of the service service contract

 

A the service determined of a common agreement, the YZA coaching sends to client a contract of coaching written according to the texts in force. In order to be valid, the contract must be duly completed with the name, first name and information relating to the client. The contract signed is to be sent to YZA coaching at least 2 weeks before the beginning of the coaching by e-mail to the following address: contact@yza-coaching.fr.

 

Any service of coaching started is worth acceptance of these GTC.

 

In of financing by the institution or the company, at term of the preliminary interview with the beneficiary, YZA coaching will send will send him or her an estimate.

The contract takes effect on the date of its signature for the duration necessary for the realization of the services envisaged in the article 5, and according to the planning which will be agreed between the parts.

 

Article 5 – right and time of withdrawal

 

In under of the article L221-21 of the Code of the consumption, the client benefits from a deadline of withdrawal of14 days from the date of signing the contract coaching contract. The modalities and effects of the right of withdrawal are transmitted in appendix to the contract.

 

Taking into account of the character professional of the financing by thecompany or the establishment, the beneficiary does not benefit from a right of withdrawal.

 

Article 6 – Obligations of theParties

 

6.1. Confidentiality obligation of both parties

 

It is expressly agreed that any information relating to the methods, tools, procedures or any other information communicated between the parties within the framework of the present contract is regarded as confidential by the Parties and will not be able to be communicated to any third party except the cases made strictly necessary to appreciate punctually and in mutual agreement.

Each of the signatory parties undertakes to use the confidential information it receives only for the purposes of this agreement and its consequences. Each of the parties shall refrain from exploiting for its own account, directly or indirectly, confidential information received from the other party without joint agreement.

The parties guarantee compliance with these obligations by their personnel, agents and any other person for whom they are responsible.

 

6.2. Obligations of Client/Recipient

 

The success of the defined services depends on the involvement of the client/beneficiary in the execution of the different actions agreed or recommended. In this context, the client/beneficiary commits to collaborate with the coach in order to contribute to the good realization of the services.

 

In general, the client/beneficiary commits to provide the coach with all documents and information necessary for the good realization of the services. In particular, he/she agrees to provide the coach with any information that will enable him/her to take note of all his/her needs within the framework of the services.

6.3. Obligations of the Coach

 

(i) Quality of service service

 

By mutual agreement, the parties agree that the coach is subject to an obligation of means.The coach commits himself to carry out the tasks indicated in article 2 of this document in accordance with the rules of the profession and in the best way. He will have to request from the client/beneficiary all the elements necessary for the good execution of the service. The coach commits himself on the quality and the good organization of the service which is entrusted to him under the present contract.

(ii) Communication in case of contingency/incapacity

In the event that the Coach is unable to provide the services due to illness or accident, the Coach shall notify the Client/Recipient within a reasonable time and, if possible, of the duration of such inability so that the parties may agree upon a new schedule of services.

(iii) Protection of the client’s/beneficiary’s personal data

YZA Coaching respects the personal data of the customer/beneficiary in accordance with the law Informatique and Libertés of January 6, 1978. The customer/beneficiary consents to this that the coachcollects and uses these data for the purposes of the present.

The processed data are kept in accordance with the simplified standard n° 48 of the National Commission for Information Technology and Liberties. 

 

ARTICLE 7 – Liability and guarantees

7.1. Responsibility of the Coach

 

The coach can only be held responsible for the breach of his obligations as provided for in this contract. Given the close collaboration of the parties for the execution of the present contract, the responsibility of the coach is subordinated to the prior demonstration by the client/beneficiary of the perfect execution of his own obligations.

 

In addition, if at any stage of the realization of the services subject of the contract, the client / beneficiary refuses to take into account the recommendations and recommendations of the coach, the latter will be of the responsibility which falls to him due proportion ofthe consequences resulting from the failure to take into account the said recommendations, recommendations.

 

The coach will not be held responsible for damages suffered by the client/beneficiary during the execution of the contract when these damages have been caused by the negligence, the error or the contractual or tortious fault of the client/beneficiary, by the act of a third party, by an act of God, notably a storm, a fire, a flood, or by an act of God or any other event beyond the reasonable control of the coach.

7.2. Responsibility of Client/Recipient

 

The client/beneficiary is entirely responsible for the use of the tools, documents, supports and methods provided by the coach. The client/beneficiary will be solely responsible for any damage he/she causes to himself/herself or to a third party while using the tools, documents, supports and methods provided by the coach. The client/beneficiary guarantees the coach against any civil liability action from a third party motivated by the fact that he/she would have suffered a damage because of the use by the client/beneficiary of the tools, documents, supports and methods provided by the coach.

In any case, in the event that the responsibility of the Coach would be retained for any reason whatsoever, the total amount of the compensations that coach could be to pay to the client/beneficiary will not exceed 50 % of the amount received by the coach under the present contract, and this, whatever the legal basis of the complaint and the procedure used to make it succeed.

 

Article 8 – Breaches of contract and cancellations

 

In case of impossibility to attend one of the sessions agreed in the schedule, the client commits himself to notify his absence to the coach by any means at his convenience within a minimum delay of 24 hours before the beginning of the session in question. In the event of failure to comply with this notification obligation, and except in cases of force majeure, the session in question will be deemed to have taken place for the client and will be due.

 

After 2 sessions not cancelled 24 hours in advance, YZA Coaching reserves the right to terminate the current contract.

 

The client/beneficiary can terminate the contract, unilaterally, with a one week notice, by mail, email or verbally during a session. 

 

If the coach feels that he/she is not able to provide the client/beneficiary with the services he/she needs, the coach can terminate the contract at any time, unilaterally, by email or verbally during a session. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

For private customers, please refer to article L111-1 of the French Consumer Code and article 21 of the French ordinance n 2021-1247 of September 29, 2021, in force since January1, 2022.

 

For professional customers, please refer to article L441-6 of the Commercial Code