Preamble
These General Terms and Conditions of Sale (hereinafter the “GTCS”) govern all contractual relations between Nour Ezzedeen, a sole trader (auto-entrepreneur) registered under SIRET number 812 313 997 00064, whose registered office is at Office 326 – 59 rue de Ponthieu – 75008 Paris, France (hereinafter the “Service Provider”), and any natural person or legal entity purchasing a service offered by the Service Provider (hereinafter the “Client”).
Any order or purchase of a service constitutes the Client’s full, complete and unreserved acceptance of these GTCS. The Service Provider reserves the right to amend these GTCS at any time; the GTCS applicable are those in force on the date of the order.
These GTCS define the rights and obligations of the parties in connection with the sale of the following services offered by Nour Ezzedeen under the trade name La Méthode Forgée:
Every order is formalised as follows:
Online training courses and programmes: via the online order form available on the Service Provider’s website or on the ThriveCart platform;
Individual coaching and consulting services: by acceptance of a quote or commercial proposal sent by the Service Provider.
The order is deemed final and the contract formed upon receipt of full payment or, in the case of payment by instalments, of the first instalment and, for vocational training, from the date of signature of the training agreement (convention de formation) or of the individual training contract.
The prices of the services are those stated on the Service Provider’s website or in the quote provided to the Client at the time of the order. They are expressed in euros, inclusive of all taxes (TTC).
The Service Provider reserves the right to change its prices at any time. Services are invoiced at the prices in force on the date of the order.
Payment is made online via the ThriveCart platform, by bank card or by any other payment method offered at the time of the order.
The Client may opt to pay in up to three (3) monthly instalments, in accordance with the terms displayed at the time of the order. Where payment is made in instalments, the Client authorises the Service Provider to debit each instalment on its due date. In the event of default in payment of any instalment, all remaining sums become immediately due and payable.
Pursuant to Articles L.441-10 and D.441-5 of the French Commercial Code (Code de commerce), any late payment between professionals automatically gives rise, without prior formal notice, to late payment penalties at a rate equal to three (3) times the legal interest rate in force, together with a fixed recovery cost indemnity of forty (40) euros.
Pursuant to Articles L.221-18 et seq. of the French Consumer Code (Code de la consommation), a Client who is a consumer (non-professional) has a period of fourteen (14) calendar days from the conclusion of the contract to exercise their right of withdrawal, without having to give reasons for their decision and without bearing any costs other than those provided for in Articles L.221-23 to L.221-25 of the French Consumer Code.
Exceptions to the right of withdrawal:
Accordingly, for the online training course La Singulière: the fourteen (14)-day right of withdrawal applies in full, provided that the Client has not begun to access the learning content. If the Client has expressly consented to access the content before the end of the withdrawal period and has waived their right of withdrawal, that right is lost as soon as actual access to the course begins.
To exercise their right of withdrawal, the Client must send a request by email to contact@methodeforgee.com, stating their name, their order and their unequivocal wish to withdraw. An acknowledgement of receipt will be sent to them as soon as possible.
6.1 – Group training and online programmes (excluding La Singulière)
Any cancellation request must be notified in writing to contact@methodeforgee.com. Outside the applicable statutory withdrawal period, no refund will be made, except with the Service Provider’s express agreement or in a duly substantiated case of force majeure.
6.2 – Individual coaching and consultations
6.3 – Cancellation by the Service Provider
The Service Provider reserves the right to cancel or reschedule a service in the event of force majeure, of an event beyond its control, or of insufficient numbers for group sessions. The Client will be informed as soon as possible and offered either a new date or a full refund of the sums paid. No additional compensation may be claimed from the Service Provider on this account.
All content, materials, methods, teaching tools, documents, presentations, videos, audio recordings, practical worksheets and resources of any kind provided or made accessible to the Client in connection with the services are and remain the exclusive property of Nour Ezzedeen, and are protected by the French Intellectual Property Code, in particular Articles L.111-1 et seq.
The Client is granted a personal, non-exclusive and non-transferable right of use over these elements, limited to the Client’s strictly private use in connection with the service purchased.
The Client is expressly and strictly prohibited from:
Any breach of these provisions exposes the Client to legal proceedings on the basis of Articles L.335-2 et seq. of the French Intellectual Property Code relating to infringement (contrefaçon), without prejudice to any claim for damages.
Individual coaching sessions are subject to a strict reciprocal obligation of confidentiality.
The Service Provider undertakes not to disclose to any third party the information, situations, projects, or personal or professional data of which it becomes aware in the course of coaching sessions, except where required by law or with the Client’s express written consent.
The Client undertakes not to record the sessions (audio, video or any other medium) without the Service Provider’s prior written consent. The Client also undertakes to treat with discretion the methodological elements, tools and approaches shared by the Service Provider in the course of coaching.
This confidentiality obligation applies throughout the sessions and, once they have ended, without limit in time in respect of any information of a sensitive or confidential nature.
The Service Provider is subject to an obligation of best efforts (obligation de moyens), and not to an obligation to achieve a specific result. It undertakes to exercise all professional diligence necessary for the proper performance of the services. Coaching does not constitute psychotherapy, or legal, tax or medical advice. The Client remains solely responsible for their decisions and for their implementation following the sessions.
The Service Provider’s liability may only be engaged in the event of proven fault and is limited to direct damage suffered by the Client, up to the amount actually paid by the Client for the service concerned. The Service Provider shall not be liable for any indirect damage, loss of business, loss of profit, commercial harm or loss of a chance (perte de chance), whatever the cause.
Neither party shall be held liable for failure to perform its contractual obligations in the event of force majeure within the meaning of Article 1218 of the French Civil Code (Code civil), including pandemic, natural disaster, failure of telecommunications networks or administrative decision. The affected party shall inform the other as soon as possible. If the impediment is permanent or lasts more than thirty (30) days, the contract may be terminated automatically (de plein droit) by either party, without compensation.
In connection with these GTCS, the Service Provider processes the Client’s personal data in accordance with its Privacy Policy, available on its website. The Client has the rights provided for by Regulation (EU) 2016/679 (GDPR), which may be exercised at: contact@methodeforgee.com.
Pursuant to Articles L.616-1 and R.616-1 of the French Consumer Code, resulting from Ordinance No. 2015-1033 of 20 August 2015 and Decree No. 2015-1382 of 30 October 2015, a Client who is a consumer (B2C) has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of any dispute relating to the performance of these GTCS.
The Client may also use the European online dispute resolution platform: https://ec.europa.eu/consumers/odr
La Méthode Forgée is a vocational training provider registered under Training Activity Declaration Number (NDA) 11770864877 with the Prefect of the Île-de-France Region, pursuant to Article L.6351-1 of the French Labour Code (Code du travail).
Pursuant to Articles L.6353-1 et seq. of the French Labour Code, a training agreement (for legal entities) or an individual vocational training contract (for natural persons) shall be concluded and signed between the parties before any training activity begins.
Upon completion of each training activity, a certificate of attendance and/or completion shall be issued to the trainee, in accordance with Article L.6353-1 of the French Labour Code.
Where training is partially or wholly funded by a skills operator (opérateur de compétences, “OPCO”) or any other public funder, the Client undertakes to carry out all steps necessary to obtain and confirm such funding before the start of the training. Failing funding confirmed in writing before the start of the training, payment remains due in full by the Client personally.
These GTCS are governed by French law. In the event of a dispute relating to their interpretation, performance or validity, the parties shall endeavour to find an amicable solution before any legal proceedings. Failing that, and subject to the mandatory provisions applicable to consumers, the competent courts shall be those within whose jurisdiction the Service Provider’s registered office is located.