Terms of Sales

1.Presentation

Petit Pilates is a professional training organization whose head office is located at 7, route des Pérouzes, 74290 Veyrier du Lac (France). Petit Pilates develops, offers and provides training primarily remotely. Petit Pilates conducts Pilates sessions for children, sports professionals, health professionals, school teachers and families. Petit Pilates also offers extracurricular courses at school, courses and thematic workshops (all Petit Pilates services being hereinafter referred to as the “Petit Pilates Service Offer” or “the Service Offer”).

2. Object

These general conditions of sale (hereinafter the "GTC") apply to all Petit Pilates Service Offers relating to orders placed with Petit Pilates by any professional customer or any individual (hereinafter "the Customer"). ).

The fact of placing an order implies the Customer's full and unreserved acceptance of these T&Cs. Any contrary condition and in particular any general or specific condition opposed by the Customer cannot, except for formal and written acceptance by Petit Pilates, prevail over these GCS, regardless of when it may have been brought to its attention. The fact that Petit Pilates does not avail itself at a given time of any of these T&Cs cannot be interpreted as a waiver to avail itself of them later.

The Customer guarantees that all of its employees, servants and agents will comply with these T&Cs. The Customer also acknowledges that, prior to any order, it has received sufficient information and advice from Petit Pilates, enabling it to ensure the adequacy of the Service Offer to its needs.

3. Study and operational advice

Any service of study and operational advice is the subject of a commercial and financial proposal established by Petit Pilates.

Where applicable, the price of the service may be revised on the anniversary date of the contract by application of the revision formula referred to in 7.2.3 below. For the realization of the training missions, Petit Pilates invoices the time of the speaker devoted to the mission, either according to a price per day of intervention, or at the flat rate.

The technical and logistical costs related to the execution of the mission are the responsibility of the Client and are in no way included in the fees. Unless otherwise indicated in the proposal, these costs are invoiced at their cost price plus management costs assessed at a flat rate of 15%.

4. Face-to-face training

4.1. Inter, inter and intra company training

4.1.1.Description

The provisions of this article concern inter- and intra-company training, packaged or developed to measure and carried out on the premises of Petit Pilates, the Customer or in premises made available by the Customer.

4.1.2. Financial conditions

Any online, inter and intra-company training will first be the subject of a commercial and financial proposal by Petit Pilates.

If applicable, the price may be revised on the anniversary date of the contract by application of the revision formula referred to in 6.2.3 below.

5. Provisions common to training

5.1. Contract documents

For each training action, an agreement drawn up in accordance with Articles L 6353-1 and L 6353-2 of the Labor Code is sent in two copies, one of which must be returned by the Client with the company stamp. The certificate of participation is sent after the training.

A certificate of attendance for each party can be provided on request.

5.2. Settlement by an OPCO

In the event of payment by the OPCO on which the Customer depends, it is up to the Customer to make the request for support before the start of the training with the OPCO. The financing agreement must be communicated at the time of registration and on the copy of the agreement that the Client returns signed to Petit Pilates. In the event of partial coverage by the OPCO, the difference will be invoiced directly by Petit Pilates to the Client. If the agreement to support the OPCO does not reach Petit Pilates on the first day of the training, Petit Pilates reserves the right to invoice all training costs to the Client.

5.3. Cancellation of remote and face-to-face training at the Customer's initiative

The dates of remote and face-to-face training are fixed by mutual agreement between Petit Pilates and the Client and are firmly blocked.

In the event of late cancellation by the Customer 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: 70% of the fees relating to the session will be invoiced to the Client.

  • 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: no compensation.

6. Provisions applicable to the entire Petit Pilates service offer

6.1. Methods of placing Orders

The proposal and the prices indicated by Petit Pilates are valid for one (1) month from the dispatch of the order form.

The service offer is deemed accepted upon receipt by Petit Pilates of an order form signed by any duly authorized representative of the Client, within one (1) month of the issuance of said order form.

The signing of the order form and/or the agreement on proposal implies knowledge and irrevocable and unreserved acceptance of these conditions, which may be modified by Petit Pilates at any time, without notice, and without this modification giving rise to compensation for the benefit of the Customer.

6.2. Invoice and Payment 6.2.1. Price

All prices are expressed in euros and excluding taxes. They will be increased by VAT at the rate in force. Any taxes, customs or import duties as well as bank charges incurred by the method of payment used will be the responsibility of the Customer.

The travel expenses of the consultant-trainer are invoiced in addition.

6.2.2. Payment

Unless otherwise agreed, payments will be made under the following conditions:

  • Cash payment must be made by the Customer, at the latest within 30 (thirty) days from the date of the invoice;

  • Payment is accepted by online payment and bank transfer;

  • No discount will be applied in the event of payment before the due date, unless otherwise indicated on the invoice. In the event of late payment, Petit Pilates may suspend all orders in progress, without prejudice to any other course of action.

  • In the event of a transfer from abroad, bank charges are the responsibility of the Customer.

Any amount not paid on the due date shall automatically and without prior notice result in the application of penalties of an amount equal to three times the legal interest rate. Petit Pilates will have the option of suspending the service until full payment and obtaining settlement by litigation at the Customer's expense, without prejudice to any other damages that may be due to Petit Pilates.

6.2.3. Price review

If necessary, the financial proposal of Petit Pilates accepted by the Client will be revised on each anniversary date of the contract by automatic application of the following price revision formula:

𝑃1 = 𝑃0 ∗ 𝑆1 𝑆0

Where :

P1 = revised price in € excl.

P0 = initial price in € excl.

S1 = Syntec index on the contract renewal date

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

6.3. Petit Pilates Limitations of Liability

Petit Pilates cannot be held liable for any technical failure of equipment by Users or any cause unrelated to Petit Pilates.

Whatever the type of service, the liability of Petit Pilates is expressly limited to compensation for direct damage proven by the Client. Petit Pilates' liability is capped at the amount of the price paid by the Customer for the service in question. Under no circumstances shall Petit Pilates be held liable for consequential damages such as loss of data, file(s), operating loss, commercial loss, loss of earnings, damage to the image and reputation.

6.4. Force majeure

Petit Pilates cannot be held liable to the Client in the event of non-performance of its obligations resulting from an event of force majeure. Are considered as cases of force majeure or fortuitous event, in addition to those usually recognized by the jurisprudence of French Courts and Tribunals and without this list being restrictive: the illness or accident of a consultant or a training facilitator, the strikes or social conflicts internal or external to Petit Pilates, natural disasters, fires, failure to obtain visas, work authorizations or other permits, laws or regulations put in place subsequently, interruption of telecommunications, the interruption of energy supply, interruption of communications or transportation of any kind, or any other circumstance beyond the reasonable control of Petit Pilates.

6.5. Intellectual property

Petit Pilates is the sole holder of the intellectual property rights of all the training courses it offers to its Customers. To this end, all the content and teaching aids, whatever their form (paper, electronic, digital, oral, etc.) used by Petit Pilates to provide training, remain the exclusive property of Petit Pilates. As such, they cannot be the subject of any use, transformation, reproduction, exploitation not expressly authorized within or outside the Customer without the express agreement of Petit Pilates. In particular, the Customer is prohibited from using the content of the training to train people other than its own staff and is liable on the basis of Articles L. 122-4 and L. 335-2 and following of the Code of intellectual property in the event of unauthorized transfer or communication of content.

Any reproduction, representation, modification, publication, transmission, distortion, in whole or in part, of the training content is strictly prohibited, regardless of the process and medium used. In any case, Petit Pilates remains the owner of its tools, methods and know-how developed previously or during the performance of the services at the Client's.

6.6. Privacy

The parties undertake to keep confidential the information and documents concerning the other party of whatever nature, economic, technical or commercial, to which they may have access during the performance of the contract or on the occasion exchanges made prior to the conclusion of the contract, in particular all the information appearing in the commercial and financial proposal sent by Petit Pilates to the Client.

Petit Pilates undertakes not to communicate to third parties other than its affiliated companies, partners or suppliers, the information transmitted by the Customer, including information concerning the Users.

6.7. Communication

The Client agrees to be cited by Petit Pilates as a client of its service offerings, at the expense of Petit Pilates. Subject to compliance with the provisions of article 6.5, Petit Pilates may mention the Client's name, its logo as well as an objective description of the nature of the services, subject of the contract, in its lists of references and proposals for the attention of of its prospects and its customers, in particular on its website, interviews with third parties, communications to its staff, internal forward-looking management documents, annual report to shareholders, as well as in the event of legal, regulatory or accounting provisions requiring it.

6.8. GDPR personal data protection

As responsible for processing its personnel file, the Client undertakes to inform each User that:

  • Personal data concerning him is collected and processed by Petit Pilates for the purpose of carrying out and monitoring the training.

  • The training course and the follow-up of the Users' achievements are data accessible to its services.

  • In accordance with the law n° 78-17 of January 6, 1978, the User has a right of access, modification, rectification of the personal data concerning him and that for this purpose, an online request specifying the applicant's identity and e-mail address can be sent to Petit Pilates.

The Customer is responsible for the conservation and confidentiality of all data concerning the User and to which he has had access.

Petit Pilates will keep, for its part, the data related to the evaluation of the acquired knowledge by the User, for a period not exceeding the duration necessary for the appreciation of the training.

6.9. Information and access for people with disabilities

In the event that a participant presents a type of disability (motor, sensory, psychic, mental, disabling illnesses), Petit Pilates must be informed beforehand of the training session, in order to take all the necessary measures for the access of These persons. Petit Pilates provides its customers with a list of disabled contacts in the region.

6.10. Applicable law – Attribution of jurisdiction

These general conditions are governed by French law. In the event of a dispute arising between the customer and Petit Pilates during the execution of the contract, an amicable solution will be sought and, failing that, the settlement will be the responsibility of the Commercial Court of Annecy.