General terms and conditions
June, 8 2021
« IRISATIONS » means the joint stock company IRISATIONS SAS, 24, rue du Docteur Bourdon 78470 Saint-Rémy-lès-Chevreuse, France.
« CLIENT » means the customer who buys the goods or services.
« Goods» means goods sold by IRISATIONS to the CLIENT.
« Services » means services sold by IRISATIONS to the CLIENT.
2/ Purpose and scope
The herein terms and conditions describe the rights and obligations of IRISATIONS and its CLIENT that apply to all contracts for the sale of goods and services.
All services performed by IRISATIONS imply unconditional acceptance of the CLIENT to these terms and conditions of sale.
The placement of an order by the CLIENT implies acceptance of the herein terms. The terms specified in the order of the CLIENT that may be contrary to the herein terms shall not set against IRISATIONS.
Should any clause of these terms be found void or canceled, the other clauses would remain valid. The fact that IRISATIONS decides not to execute at any time or for any period any one or more provisions of the terms and conditions herein shall not be construed as a waiver of them or of the right at any time subsequently to enforce all terms and conditions.
4/ Acceptance of purchase order
All orders shall be placed in writing and delivered by electronic or post mail . The order shall indicate :
- full name of the CLIENT and its precise address
for companies : the commercial or craft register number, the legal form and intracommunity VAT number
the delivery place, conditions of delivery, price and settlement terms.
Any quotation marked with the words « Agreed », dated and signed by the CLIENT, even in the absence of cash payment or payment of a deposit is a firm and final order and implies acceptance of these terms and conditions of sale.
Quotations are valid for 3 months unless expressly indicated otherwise. Beyond this period, IRISATIONS is not obliged to accept an order to the conditions laid down in the hereby quote. In particular, timely provision or delivery of products are subject to modification shall the delivery address or the quantity ordered differ from that indicated in the quote.
All goods and services not explicitly provided in the quote or the order will be considered as additional goods or services. They will be documented in an additional quote or purchase order indicating as minimum information, the price, conditions and, when applicable, the extended length of the implementation period foreseen in the original quotation. They will lead to the signing by the CLIENT of an amendment before execution.
Unless specified otherwise in particular terms, the minimum order is of 350€ excluding.VAT for the professional CLIENT and 60€ VAT included for the private CLIENT.
5/ Technical specifications
Visuals, photographs, characteristics, dimensions , weight, etc. indicated in the catalog or on the website are indicative and not contractual. IRISATIONS reserves the right to make changes, even after accepting the order of the CLIENT, without impacting the essential characteristics of the goods.
6/ Turnaround or readiness time
Turnaround, readiness or delivery times indicated on the quotation or in the confirmation of the order are only given as an indication. They begin to run from the date IRISATIONS has received the quotation agreed and signed by the CLIENT, the deposit or the payment set in the terms of the quote , and all documents and information required for the execution and delivery of goods or services.
A delay in performance, readiness or delivery shall not be considered as a ground to break the contract or to claim damages, delay penalties or any cancellation of the order.
7/ Right to withdrawal (except Professionnal Training)
7.1 Distance puchasing
In accordance with the provisions of Article L. 121-20 of the Consumer Code, the CLIENT has a period of fourteen (14) days starting from the receipt of the goods or the order for the provision of services, to exercise his right of withdrawal from IRISATIONS without having to justify his decision or pay penalties. The right of withdrawal does not apply to services purchased on a specific date or to tailored and custom-made goods (article L. 221-28 of the Code de la Consommation).
7.2 Exercise of the right of withdrawal
To exercise his right of withdrawal, the CLIENT sends IRISATIONS, by email to email@example.com or by post to IRISATIONS - 24, rue du Docteur Bourdon - 78470 Saint-Rémy-lès-Chevreuse (France), his decision to withdraw by completing the following form:
I hereby notify the withdrawal of the contract relating to the order of the goods below:
- Date of order: ………….............................
- Order number: …………...........................
- CLIENT name : ……………………...........
- CLIENT address: …………………………...
7.3 Return of the goods
The CLIENT must return the goods in their original packaging, in perfect condition, and in full, to IRISATIONS within 14 days of the notification of his withdrawal decision. This period begins to run at the beginning of the first hour of the first day and ends at the end of the last hour of the last day of the period. If this period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day. The goods must be returned to IRISATIONS - 24, rue du Docteur Bourdon - 78470 Saint-Rémy-lès-Chevreuse.
The costs of returning the goods (including insurance) are the responsibility of the CLIENT. The CLIENT must send proof of shipment of the goods to IRISATIONS.
If the goods do not reach IRISATIONS, if they are received in a condition that does not allow their remarketing, or out of their original packaging, or if the goods are incomplete, IRISATIONS may refuse the return of the goods and, under such circumstances, refuse to refund it.
IRISATIONS reimburses the CLIENT within 14 days starting from the date of receipt of the goods or of the withdrawal from the purchase of the services, provided that the above-mentioned circumstances are met.
The risk of transportation is entirely borne by the CLIENT.The CLIENT shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery. The CLIENT shall check shipments upon arrival. In case of missing or damaged goods, the CLIENT must make all necessary reservations on the delivery slip upon receipt of the goods. These reservations must be additionally confirmed in writing within 3 days ( except holidays ) after delivery, by registered letter with acknowledgment of receipt (Article L133-3 of the French Code of Business ).
9/ Return of goods
Return of goods requires a prior authorization in writing from IRISATIONS. The insurance and shipment fees will be borne by the CLIENT.
The prices of goods and services that are sold are those in effect on the day the order is confirmed. Prices are in euros , net of VAT. They will be increased by the appropriate VAT at the date of the order. except in cases of self- liquidation or VAT exemption. The packaging, transportation and insurance costs, the custom or import duties (if applicable ) as well as the bank charges that arise from the payment used by the CLIENT will be charged to the CLIENT.
IRISATIONS has the right to change its prices at any time. However, IRISATIONS is committed to invoice the goods ordered at the prices indicated during the recording of the order. IRISATIONS prices are likely to change without notice, depending on economic conditions, particularly variations of commodity prices .
IRISATIONS recommends the CLIENT sells the goods at the suggested public price including VAT (if appropriate).
11/ Common provisions - classes and workshops
Registrations become final and binding subject to availability of the requested course and receipt of the quote or order form as well as payment in the case of private funding. The training dates are scheduled in advance but we may have to change dates. In the event that the number of participants is not sufficient to run of the training session, IRISATIONS reserves the right to postpone the training to a later date at the latest one week before the scheduled date, without compensation. Any registration implies acceptance of these general terms and conditions of business. Registration will only be final upon receipt of the payment agreement from the funding institution (OPCO, Pôle Emploi, etc.), in case of funding via a training plan.
11.2 Training prices
For face-to-face sessions, the training prices cover educational costs, the provision of premises and equipment as well as the supply of materials. For distance training, the training prices cover exclusively the teaching costs. For mixed face-to-face and distance training, the training prices cover educational costs, the provision of face-to-face premises as well as the supply of materials to be collected at IRISATIONS.
11.3 Cancellation by the CLIENT
The training dates and times are set up by mutual agreement between IRISATIONS and the CLIENT and are firmly booked. In the event of a late cancellation by the CLIENT of a jointly planned training session, compensatory indemnities are due under the following conditions:
- postponement or cancellation communicated at least 30 working days before the session: no compensation.
- postponement or cancellation communicated less than 30 days and at least 15 working days before the session: 30% of the fees relating to the session will be invoiced to the CLIENT
- postponement or cancellation communicated less than 15 working days before the session: 70% of the price of the training will be invoiced to the CLIENT
- early termination of the training session: except in cases of force majeure duly recognized, any training session that has started and is abandoned in progress, due to the CLIENT, regardless of the date of termination or abandonment, is fully due and will not give rise to any refund. In this case of abandonment by the CLIENT for a duly recognized case of force majeure, only the training services actually provided on the date of notification of abandonment are remunerated in due proportion to their value provided for in the contract.
11.4 Rules for using the Internet and remote communication tools
The CLIENT who trains and connects remotely acknowledges that he is aware of and accepts the characteristics and limits of the Internet. In particular, the CLIENT acknowledges:
- That he is aware of the nature of the Internet (technical performance, response time to query or consult)
- That he must secure that the technical characteristics of his computer, smartphone or tablet allow him to use videoconferencing services
- That he must take the appropriate measures to protect and save his own data and softwares from infection by any viruses that may circulate through the applications or softwares used.
11.5 Health, safety and sanitary protection The CLIENT acknowledges he has read the IRISATIONS internal regulations and commits to respect the measures relating to the safety, health and health protection of the trainees. Should IRISATIONS, at a given time, not implement, in part or in full, all of the health protection measures which condition the opening of its establishment within the framework of the National Protocol to ensure health and safety employees in companies facing the COVID-19 epidemic, a postponement of face-to-face training or a switch to distance training will be offered to the CLIENT.
11.6 Complaints management
Please send all complaints by email to firstname.lastname@example.org
12/ Specific provisions - Professional Training
12.1 Contractual documents
For each training session, a contract or an agreement drawn up in accordance with the articles L 6353-1 and L 6353-2 of the French Labor Law is sent in two copies, one of which must be returned by the CLIENT, possibly bearing the company stamp. The certificate of attendance is sent to the CLIENT after the training session. A certificate of attendance for each party can be provided on request.
12.2 Right / withdrawal period
In accordance with articles L6353-5, L6353-6 and L6353-8 of the French Labor Law, the CLIENT of the professional training has a right of withdrawal. Within ten days of signing the agreement, the training contract or failing this, the quote, the CLIENT shall withdraw by registered letter with acknowledgment of receipt sent to IRISATIONS. In this case, no payment shall be demanded from the CLIENT.
12.3 Payment by an OPCO / France Compétences / Caisse des Dépôts et Consignations (CDC)
In the event of full or co-payment by the CDC or the OPCO to which the CLIENT belongs, it is the CLIENT's responsibility to make the request for support before the start of the training session with the OPCO or the CDC / Moncompteformation.com. The financing agreement must be communicated at the time of registration and it shall be notified on the signed copy of the agreement or contract that the CLIENT returns to IRISATIONS. In the event of part-funding by the OPCO, the left-over expenses will be charged directly by IRISATIONS to the CLIENT. Should IRISATIONS not receive the OPCO agreement on the first day of the training, IRISATIONS reserves the right to charge the entire training costs to the CLIENT.
13/ Common provisions - sites
No discount will be granted in case of early settlement.
15/ Payment terms
Payment by cheques are accepted, should the CLIENT be established in France. In all other cases, the payment shall be made by SEPA bank wire. Cash on order is required to confirm an order of goods, whether custom-made or not.
Bank details : Banque Populaire Val de France - IBAN FR76 1870 7000 4330 9217 4100 295 - BIC CCBPFRPPVER.
Should any delay in payment arise, we will hold all ongoing orders without prejudice of any legal action or damages. All payments that are not made upon the due date shall legally yield delay interests of 1% per month of delay in payment, as well as the payment of a lump-sum of 40€ as recovery fees.
We warrant that all goods IRISATIONS sell are designed, decorated and made by IRISATIONS in its studio in France. The goods are made in accordance with the standards of professional practice. Since the goods are handmade, most pieces are unique and limited series copies may slightly differ in execution.
17/ Termination clause
In the event of non-payment within 48 hours following a formal notice, the contract that relates to this sale will be terminated and the CLIENT shall be liable to pay damages and interests to IRISATIONS. This termination will not only apply to the relevant order but also all previous paid orders, whether they are delivered, performed, in transit or under construction, and whether their payment is due or not. The CLIENT shall reimburse all recovery costs that occur, including fees of ministerial officers.
18/ Retention of title
IRISATIONS retains ownership of the goods that are sold until full payment. As such, if the CLIENT is subject to reorganization or liquidation, IRISATIONS reserves the right to claim , as part of the bankruptcy proceedings , the goods that are sold and remained unpaid.
19/ Force majeure
IRISATIONS shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control. Is considered as « force majeure » any external event that cannot be predicted and is irresistible as described in the article 1148 of the French Civil Code.
IRISATIONS shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from shortage or unavailability of raw materials from a natural source of supply. If the delay persists for such time as IRISATIONS considers unreasonable, it may, without liability on its part, terminate the contract.
20/ Intellectual property rights
The quotations, case studies, specifications, training contents, catalogs and documents of all sorts handed or sent out by IRISATIONS remain its whole property. They must be returned upon request of IRISATIONS. They cannot be communicated, shared, reproduced or executed by a third party without permission.
The CLIENT agrees to keep confidential and not to disclose in whole or in part, to any third party whatsoever, quotes , proposals, documents and information released by IRISATIONS that he is aware of, prior, concomitantly or after the execution of the contract. The performance, whether good or service, remains the intellectual property of IRISATIONS and can not be reproduced by the CLIENT or by a third party.
21/ Governing law and jurisdiction
Any dispute relating to the interpretation and enforcement of the herein terms and conditions shall be governed by french law. Any dispute that arises under or relates to these terms and conditions shall be resolved in the Tribunal de Commerce de Versailles, France.