Terms & Conditions

1. Presentation.

The company CONCRET (hereinafter "CONCRET"), a simplified joint stock company registered in the BORDEAUX Trade and Companies Register under number 937 830 537, having its registered office at 12 avenue Henri Becquerel - 33700 MERIGNAC, is an intellectual service organization specializing in the study, design, modernization of companies, engineering and assistance with implementation, auditing, training and professional certification, and the implementation of IT solutions, all of which are hereinafter referred to as the "Service Offer".

2. Scope of application.

In accordance with article L 441-1 of the French Commercial Code, these General Terms and Conditions of Sale (hereinafter "GTCS") form the basis of the commercial relationship between the Parties. They apply to all Offers of services relating to orders placed with CONCRET by any professional customer (hereinafter "the Customer"), CONCRET reserving the right to establish in addition special conditions according to the negotiations conducted with the Customer.

Any order for an Offer of services implies the customer's unreserved acceptance of these General Terms and Conditions, any other general or specific conditions appearing on documents issued by the customer being unenforceable against CONCRET. The Customer is responsible for compliance with these GTC by all its employees and other agents.

The Customer acknowledges having received sufficient information from CONCRET to ensure the suitability of the Service Offering to the Customer's needs.

3. Ordering - Contract formation and duration.

All services offered by CONCRET are subject to a financial and technical proposal submitted to the customer. This proposal is valid for one (1) month from receipt by the Customer. The Offer of services will be deemed accepted by the Customer upon receipt by CONCRET of the order form/commercial proposal signed by the Customer, and the contract will then be deemed validly formed.

Any changes to the order requested by the Customer will only be taken into account, subject to CONCRET's express agreement, if they are notified in writing, at least five (5) days before the date scheduled for the provision of the services ordered, after signature by the Customer of a specific order form and possible adjustment of the price.

In the event of cancellation of the order by the Customer after its acceptance by CONCRET less than ten (10) days before the date scheduled for the provision of the Services ordered, for any reason whatsoever other than force majeure, a sum corresponding to 20% of the total proposed price excluding VAT will be acquired by CONCRET and invoiced to the Customer, by way of damages, in compensation for the loss thus suffered.

The duration of the contract is stipulated in the quotation/order form/commercial proposal according to the timetable defined between the parties, which may be modified by mutual agreement. In any case, CONCRET is under no obligation to meet a deadline, as the schedule is only indicative.

4. Price list.

Services are provided at the rates in force on the day the order is placed, in accordance with CONCRET's price list, which invoices the time spent by the consultants/interveners in carrying out the service, either according to a price per day of intervention, or on a flat-rate basis.

[Travel, logistics and documentation costs arenot included in the fees and will be invoiced to the customer in addition.

Prices are quoted in euros and are exclusive of VAT at the current rate.

5. Regulations - Penalties.

Invoices are payable in cash on receipt and within a maximum of thirty (30) days of receipt.

In the event of late payment and payment of sums due by the Customer beyond the above-mentioned deadline, late payment penalties equal to three times the legal rate of interest will automatically and by right be payable to CONCRET, without any formality or prior formal notice. The customer will also be liable to pay a flat-rate indemnity of 40 euros for collection costs. CONCRET also reserves the right to suspend the provision of services until the invoice has been paid in full.

6. Price review.

When the contract subscribed by the Customer is renewable at the end of the agreed period, CONCRET's financial proposal will be revised on each anniversary date by automatic application of the following price revision formula:

P0 = initial price EUR excl.

P1 = revised price EUR excl.

S0 = Syntec index on the contract signature date or on the contract anniversary date for subsequent periods

S1 = Syntec index at contract renewal date

P1 = P0 x (S1/S0)

7. Ownership of results and use of external reference.

Unless otherwise agreed, the service provider reserves the right to use the know-how it has acquired in carrying out the work entrusted to it, except with the customer's direct competitors. The customer hereby expressly authorizes the service provider to use the customer's trade name, brand and/or logo, on paper or digital media, to the exclusion of any other information concerning the customer, for the purposes of commercial prospecting. Any refusal by the customer to use the aforementioned elements must be notified in writing to the service provider in accordance with the terms and conditions set out in article 1 of the present "Terms and conditions of service". 

8. Payment agreement with an OPCO.

In the event of a financing agreement with an OPCO, a special agreement will be drawn up between CONCRET, the Customer and the OPCO.
It is the Customer's responsibility to apply for financing prior to the training course and to ensure that it is accepted.
The financing agreement must be communicated by the Customer to CONCRET at the time of ordering or contracting the service, and appended to the agreement signed by the Customer. If CONCRET does not receive the customer's financing agreement at the latest one working day before the start of the training, CONCRET reserves the right to invoice the customer for the full cost of the training.
Whether partial or total financing is provided by an OPCO, CONCRET will send the customer a copy of the training certificate together with the corresponding invoice.

9. Force majeure.

CONCRET cannot be held liable to the Customer in the event of non-performance of its obligations resulting from a case of force majeure within the meaning of articles 1218 et seq. of the French Civil Code.

10. Obligations of the parties - Limitation of liability.

As part of its obligation of means, CONCRET undertakes to use its best endeavours in the performance of its services.

The customer undertakes to collaborate with CONCRET by providing it with or giving it access to all useful information necessary for the proper performance of the service and for compliance with the agreed performance deadlines. In addition, the customer will provide CONCRET with the means necessary to carry out the service.

CONCRET's liability can only be incurred in the event of proven fault, and is limited to direct prejudice, to the exclusion of any indirect prejudice of any nature whatsoever. In particular, CONCRET may not be held liable in the event of any failure on the part of the customer (technical, misuse of transmitted media, etc.) or for any reason beyond its control. In any event, regardless of the services provided by CONCRET, in the event that its liability is incurred, the compensation paid for damages will be capped at the amount of the sums actually received by CONCRET for the service provided.

11. Intellectual property.

CONCRET remains the sole owner of all intellectual property rights to all content and media of any kind, produced (even at the Customer's request) with a view to the provision and completion of services to the Customer, the latter having only a strictly personal right of use. The Customer hereby refrains from any reproduction, modification, transmission, publication or use of the said media and content, in particular training content, without the express, written and prior authorization of CONCRET, on pain of incurring liability on the basis of articles L.122-4 and L.335-2 et seq. of the French Intellectual Property Code. In this respect, the Customer agrees in particular not to use the content of training courses to train persons other than its own personnel.

12. Confidentiality.

The parties undertake to keep confidential all information transmitted by the other party in the context of the performance of the contract, whatever the medium (oral or written) and whatever its nature.

13. Protection of personal data.

Each party undertakes to comply with its obligations regarding the processing of personal data, in accordance with RGPD regulations. Personal data collected from customers is processed by CONCRET. It is recorded in its Customer file and is essential for processing the order. This information and personal data is also kept for security purposes, in order to comply with legal and regulatory obligations. They will be kept for as long as necessary for the execution of orders and any applicable guarantees.

Access to personal data will be strictly limited to CONCRET employees authorized to process such data by virtue of their position.

In accordance with applicable regulations, customers have the right to access, rectify, delete and port their personal data, as well as the right to object to processing for legitimate reasons. These rights may be exercised by contacting the data controller at the following postal or e-mail address: laurent.seguin@concret.fr; the request must be accompanied by signed proof of identity. Finally, the customer may lodge a complaint with the CNIL.

14. Applicable law - Settlement of disputes.

These terms and conditions are governed by French law.

In the event of a dispute arising between the customer and CONCRET in connection with the performance of these GTC, the parties undertake to resolve the dispute amicably prior to taking any legal action. If an amicable solution is found, the Parties shall record it in writing as a transaction within the meaning of articles 2044 et seq. of the French Civil Code. If no amicable solution is found within two (2) months, the parties may refer the matter to the BORDEAUX Commercial Court.