General terms and conditions of sale

Preamble

General Terms and Conditions of Sale (CGV) are a set of contractual rules that define the conditions under which a seller offers its products or services to customers. These conditions set out the parties' reciprocal rights and obligations in a commercial transaction.

In accordance with article L111-1 of the French Consumer Code (Code de la consommation), the general terms and conditions of sale (CGV) are set out below, prior to the conclusion of the contract or contracts.

Article 1 — Designation

The company EGS (Equipement Global Service), trading under the trade names FORMAFORCE® and REVALOCA®, specializes in the rental, purchase and sale of equipment, as well as in training in, and the safe operation of, self-propelled industrial trucks (forklifts), electric stackers, construction equipment, tower cranes, truck-mounted loader crane, and aerial work platforms (PEMP, mobile elevating work platforms).

EGS is a company whose registered office is at 5 Moulin du Roy, 62156 REMY, registered with the Trade and Companies Register (Registre du Commerce et des Sociétés) of ARRAS under number 951 013 804.

FORMAFORCE® training services are delivered from two establishments: a main establishment located at 1 rue Niels Bohr – 77400 SAINT THIBAULT DES VIGNES and a secondary establishment located at 4 rue Denis Papin – 62800 LIEVIN.

In the paragraphs that follow, the following terms are defined: “Training action” (action de formation) means an educational program that makes it possible to achieve a professional objective. It may be carried out in a work situation or, in whole or in part, remotely. In accordance with loi n° 2018-771 du 5 septembre 2018 (Law no. 2018-771 of September 5, 2018) for the freedom to choose one's professional future, a training action means the educational process and, in general, everything that contributes to a learning situation and everything relating to training. “Customer” means any natural person or legal entity that registers for, or places an order for, a service with EGS. “Learner or trainee” means the natural person who takes part in a training course after a service has actually been ordered.

Article 2 — Purpose

The purpose of these general terms and conditions of sale (CGV) is to define the conditions under which the Training Provider grants to the Customer, who accepts it, a training course from the Training Provider's range of training courses.

These general terms and conditions of sale apply to all training services offered by the Training Provider, FORMAFORCE® by EGS. Registering or placing an order implies the Customer's full and unreserved acceptance of these general terms and conditions of sale. These general terms and conditions of sale prevail over any other document.

Article 3 — Financial terms and payment methods

The prices of services sold online are those in force on the day the order is placed. They are stated in euros and calculated exclusive of tax, since EGS is not subject to VAT.

The prices of training courses are those shown in the current price list or in the commercial proposal. EGS reserves the right to change its prices at any time. However, it undertakes to invoice the services ordered at the prices indicated when the order was recorded. Prices may be changed each year or if economic variations make it necessary.

Prices may also vary depending on local delivery conditions or on changes to the regulatory framework of certain mandatory training courses that alter their content or duration. They include facilitation costs and the course materials given to each trainee. Certain specific documents may be invoiced separately. The “trainee” travel, accommodation and meal costs are not included in the price of the course.

Payment of the training price is due upon ordering, directly on the forma-force.fr website, where a secure bank card payment method is offered to Customers.

Article 4 — Order and invoicing

After the Customer has paid for the service, FORMAFORCE® by EGS sends back a purchase confirmation, which serves as acknowledgment of receipt.

Any order for a training course takes effect only upon receipt of, first, the duly completed and signed registration form and, second, payment for the service ordered, actually received and cashed. No discount will be granted for early payment.

Article 5 — Withdrawal period and refund terms

In the case of a contract concluded at a distance (in particular by telephone or over the internet), the Customer has a right of withdrawal (droit de rétractation) under articles L. 221-18 et seq. of the French Consumer Code (Code de la consommation), which may be exercised within fourteen (14) days from the first business day (jour ouvrable) following conclusion of the contract (the date of online purchase of the service being conclusive).

To do so, you must send a letter withdrawing from the purchase to the seller within 14 days from receipt of the order.

The right of withdrawal is exercised exclusively by letter sent to: FORMAFORCE® by EGS – 1 rue Niels BOHR bâtiment K – 77400 SAINT THIBAULT DES VIGNES.

If all of the above conditions are met, the Training Provider will refund the Customer all sums paid in connection with the order for the service(s) concerned, except for the amount corresponding to services already provided up to the time the decision to withdraw was communicated. The refund will be made within a maximum of 14 days from actual receipt of the withdrawal letter, using the same means of payment as that used for the initial transaction.

Article 6 — Notice to attend

A notice to attend the course, giving the details of the session (date, location, hours, internal rules, directions), is sent to the Customer in advance.

Article 7 — Withdrawal and replacement of a participant

Where the Customer gives the Training Provider notice of withdrawal (dédit) at least 14 days before the start of the training, FORMAFORCE® by EGS offers the Customer the option of postponing the learner's registration to a later training course, duly scheduled in the Training Provider's catalog.

Article 8 — Cancellation, absence or interruption of a training course

FORMAFORCE® by EGS reserves the right to postpone or cancel a course if the number of participants is insufficient for it to be run in an educationally sound manner, and will then inform the Customer as quickly as possible.

Any training module that has begun is due in full. In the event of cancellation by the Customer, cancellation fees may be charged:

• more than 14 business days (jours ouvrables) before the start: no cancellation fee;
• between 14 and 7 business days before the start: 50 % of the H.T. (excluding VAT) price of the training;
• less than 7 business days before the start: 100 % of the H.T. price of the training.

Article 9 — Hours and reception

Unless otherwise indicated on the training information sheet and the notice to attend, the daily duration of training is set at seven hours. The FORMAFORCE® by EGS premises welcome Learners from 8:30 am to 6:30 pm.

Article 10 — Conduct of the training action

The training action is delivered through theoretical and practical input. It may also be delivered through practical exercises requiring the handling of devices, equipment, machines or the like. Trainees undertake to carry out such handling in strict compliance with the instructions given to them.

Verification of the knowledge acquired takes the form of an assessment at the end of the course. Success in the planned tests results in the issue of a certificate, an attestation and, where applicable, an opinion on the individual's acquisition of the knowledge.

Article 11 — Class size and postponement

To promote the best learning conditions, the number of participants in each training course may be limited. Registrations are taken into account in the order in which they are received. Issuing a quote does not constitute registration. Only registration forms that are duly completed, dated, stamped, signed and bearing the words “Bon pour accord” (“approved and agreed”) have contractual value.

Article 12 — Description and program of the training courses

The program contents, as shown on the training information sheets, are provided for information only and may be modified depending on current developments, the participants' level or the group dynamic.

Article 13 — Confidentiality and communication

The Training Provider and the Customer undertake to keep confidential the documents and information to which they may have access in the course of the service. FORMAFORCE® by EGS undertakes not to disclose to third parties the information provided by the Customer. However, the Customer agrees to be named by FORMAFORCE® by EGS as a customer of its training courses, in its reference lists and commercial proposals.

Article 14 — Obligations and force majeure

In the context of its training services, FORMAFORCE® by EGS has an obligation of best efforts and not of result (obligation de moyens) toward its Customers or its learners. It cannot be held liable for non-performance resulting from an unforeseeable event (cas fortuit) or force majeure (illness or accident of a trainer, strikes, natural disasters, fires, interruption of telecommunications or transport, etc.).

Article 15 — Subcontracting

FORMAFORCE® by EGS is entitled to engage any subcontractor of its choice, approved and competent to deliver quality training.

Article 16 — Intellectual property

The written training materials given to Trainees incorporate the teaching methods developed by FORMAFORCE® by EGS and remain its property. Any reproduction or reuse for the purpose of training third parties is prohibited, in accordance with articles L121-1 et seq. of the French Intellectual Property Code (Code de la propriété intellectuelle).

Article 17 — Protection of, and access to, personal information

Personal data is collected and processed for the purpose of monitoring the validation of the training and improving the offering. In accordance with loi n° 78-17 du 6 janvier 1978 (Law no. 78-17 of January 6, 1978) and the GDPR, the learner has a right of access to, modification of and rectification of the data concerning them, exercisable in writing to FORMAFORCE® by EGS, 1 rue Niels BOHR bâtiment K – 77400 SAINT THIBAULT DES VIGNES, or by e-mail at b2b@plateformetriaxe.com.

Article 18 — Complaints and claims

In accordance with article L612-1 of the French Consumer Code (Code de la consommation), every consumer has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of a dispute between the consumer and a business. In the event of a complaint or claim, you may write to b2b@plateformetriaxe.com.

Article 19 — Liability

The training courses and services offered conform to their description on the website forma-force.fr. It is for the Customer to prove any non-conformity. The Training Provider's liability may be engaged only in the event of proven fault or negligence, and will be limited to the direct damage suffered by the Customer.

Article 20 — Governing law and jurisdiction

These general terms and conditions are governed by French law. In the event of a dispute, an amicable settlement will be sought. Failing that, the Paris Commercial Court (Tribunal de commerce de Paris) shall have jurisdiction to settle the dispute.

Article 21 — Entry into force

These general terms and conditions of sale apply as of December 14, 2023.