legal notice

LEGAL NOTICE

General Terms and Conditions of Sale

FOR PROFESSIONNALS

Article 1 : GENERAL PROVISIONS
1. Presentation The present General Terms and Conditions of Sale (CGV) shall apply between, on the one hand, AIR FORMATION, SARL with a capital of 16 500 Euros, headquarters located at 14 Avenue de l’Escadrille Normandie Niémen 31700 Blagnac (France) and registered under number 489 532 648 in the French Registre du Commerce et des Sociétés, (hereafter designated as « AIR FORMATION ») and, on the other hand, any natural or legal person willing to purchase a service in the frame of his/her professional activity, (hereafter designated as « the Customer »).
2. Scope of application The present General Terms and Conditions of Sale are applicable to all services proposed to all professional customers, natural or legal persons, acting within the frame of a training agreement concluded individually with AIR FORMATION and related to purchase orders issued by the Customers to AIR FORMATION. They set up the contractual conditions applicable to the provision of AIR FORMATION services to its customers. Any order issued implies the full and unrestricted agreement of the Customer to the present General Terms and Conditions of Sale. The CGV, in addition to all information mentioned on the website, are written in French.
3. Modification AIR FORMATION reserves the right to modify the present General Terms and Conditions at any time. The General Terms and Conditions of Sale applicable shall be, however, the ones in force upon issuance of the purchase order.

Article 2 : CHARACTERISTICS OF THE SERVICES The services proposed by AIR FORMATION are related to intellectual work dedicated to the delivery of aeronautical training courses.
1. On-site trainings AIR FORMATION site These training courses, proposed within AIR FORMATION catalog, are delivered within AIR FORMATION premises in accordance with a definite programme and schedule. Customer’s site These training courses are developed according to the Customer’s needs and implemented either within the premises provided by the Customer or AIR FORMATION premises.
2. Distance trainings: e-learning trainings E-learning services are related to the distant provision of training courses via a virtual platform. Upon receipt of the payment, AIR FORMATION mails a login and password to the Customer for access to the ordered training course. Access to the training course is open for a period of three (3) months, starting from the mailing of the login and password. These data are strictly personal and confidential; they shall not be disclosed, traded or shared with any third-party. They shall be placed under the responsibility of the Customer who shall be liable for any fraudulent or abusive use of the access codes. AIR FORMATION is committed to provide an access to its virtual platform 24/7 all through the contractual period, unless in case of potential breakdown, maintenance or technical constraints related to the peculiarities of the Web network. AIR FORMATION shall provide the Customer with a phone support service for any trouble that may be experienced.

Article 3: PURCHASE ORDERS The nature and characteristics of the service are defined in the purchase order. The expected service is detailed in a descriptive notice entitled « Training Programme », provided in annex to the training agreement concluded between the Customer and AIR FORMATION.
1. Definitive principle of the order Distant orders Any order issued to AIR FORMATION in any form whatsoever (phone, mail…) shall be deemed to be accepted by AIR FORMATION upon receipt of the purchase order holding the Customer’s signature. On-line orders The on-line services available on the website shall remain valid as long as the said services are included in the catalog. To place an order, the Customer selects the relevant training course within the on-line catalog, and confirms his selection via a click on the « Add to basket » button. After controlling the correctness of the order and modifying it as needed, the Customer shall settle the payment as per the defined conditions. The Customer is committed to take notice of the CGV therein, available for consultation under item « Legal Notice » on AIR FORMATION website, www.air-formation.com. By confirming the order, the Customer accepts to be bound by the CGV, and concludes the contract. Acknowledgement of receipt of the order and its corresponding payment is performed by means of an e-mail sent by AIR FORMATION to the Customer as soon as possible. AIR FORMATION shall reserve the right to refuse an order for legitimate reasons, as per Article L122-1 from the French Consumer Code. In compliance with Article L6353-5 from the French Labor Code, a professional Customer, acting as a natural person within the scope of a training agreement concluded on an individual basis, is provided with a refund period of ten (10) days starting from the contract signature. The Customer can request for the refund via a registered letter with acknowledgement of receipt.
2. Rescheduling - Cancellation AIR FORMATION shall reserve the right to reschedule or cancel a training service listed in its corporate schedule. In such circumstances, AIR FORMATION is committed to inform the Customer about this rescheduling as soon as possible and to refund the registration fees already settled. All other fees contracted by the Customer for the said training service shall not be subject to any refund by AIR FORMATION. The Customer is entitled to replace any declining candidate by a substitute candidate up to the day preceding the training service. In the event of a cancellation initiated by the Customer, AIR FORMATION shall withhold the following amounts: - 20% of the full amount of the service initially contracted, in the event of a cancellation occurring less than 10 working days before the start date of the training service. - 100% of the full amount of the service initially contracted, in the event of a cancellation occurring less than 7 working days before the start date of the training service. - 100% of the full amount of the service initially contracted, in the event of a cancellation occurring on the start date of the training service. As per Article L6353-7 from the French Labor Code, a professional Customer, acting as a natural person within the scope of a training agreement concluded on an individual basis, is entitled to terminate the contract in case of major force circumstances duly acknowledged.

Article 4: PRICE AND PAYMENT
1. Determination of prices AIR FORMATION-site trainings and e-learning trainings The prices of the training services mentioned in the purchase order are the ones listed within the yearly training catalog implemented by AIR FORMATION, on the day of the order placement. These prices are denominated in Euros, exclusive of VAT, and are firm prices from January 1st to December 31st of the current year. They shall be increased of the VAT rate in force.
Customer-site trainings The prices of the trainings services are the subject of a fee grid structure agreed by both parties.
2. Discounts Unless otherwise stipulated within the particular conditions agreed on by both parties, no discount shall be granted.
3. Terms of Payment Payment directly made by the Customer: • For AIR FORMATION-site trainings, on the due date stated on the invoice. • For Customer-site trainings, no later than the thirtieth day following the date stated on the invoice. Should a time extension for the payment be granted by particular conditions agreed on by both parties, the latter would turn obsolete in the event of a late payment. • For e-learning trainings, payment shall be made upon placement of the order. Payments shall only be made by credit card, cheque or bank transfer. As per Article L6353-6 from the French Labor Code, upon expiry of the withdrawal period of ten (10) days, no more than 30% of the agreed price shall be required from a professional Customer, acting as a natural person within the scope of a training agreement concluded on an individual basis. Payment of the balance shall be made gradually all along the training action. Payment made by a vocational training fund agency (OPCA, ADEFIM, AGEFOS, FONGECIF…): Should the payment be made by a financing agency, it would be the Customer’s responsibility to: - Initiate the request for the covering before the start-date of the training course, and to ensure of the request approval. - Explicitly stipulate it upon the order placement, and provide AIR FORMATION with a copy of the coverage approval. - Control the execution of the payment by the designated agency. In the event of a partial coverage of the training course by the selected agency, the balance would be charged to the Customer by AIR FORMATION. Should the approval for the coverage be not provided to AIR FORMATION on the first day of the training course, all training fees would be charged to the Customer by AIR FORMATION.
4. Invoicing The invoice shall be issued in two copies upon receipt of the purchase order, with one copy provided to the Customer.
5. Late payment Any payment made later than the due date stated on the invoice shall automatically result in the application of a late payment penalty, without prior formal notice and equal to three times the legal interest rate. This penalty shall be calculated on the amount that remains to be paid, inclusive of VAT (all taxes included). In addition to this penalty, the Customer shall have to settle a lump sum for recovery costs, equal to forty Euros (40 Euros), from the first day of the late payment, regardless of the rate applicable to the transaction. The lump sum shall be applied to any late payment invoice.

Article 5: EXECUTION OF THE CONTRACT
1. Execution of the training service The training service shall be executed on the date stated on the purchase order, with reference to the training courses schedule implemented by AIR FORMATION, upon reserve of any necessary modifications. In such circumstances, AIR FORMATION is committed to inform the Customer as soon as possible.
2. Conformity AIR FORMATION is committed to providing a service compliant with the contractual provisions, and is subject to an obligation of means for execution of the said provisions.

Article 6: MAJOR FORCE AIR FORMATION shall not be held responsible in the event of the non-performance or delayed performance of its obligations due to an event of major force or unforeseeable circumstances. Such events or unforeseeable circumstances shall notably include: sickness or accidental conditions affecting the instructor in charge of the training service, strikes and social disorders, natural disasters, fires and climatic conditions. This is a non-exhaustive list as events of major force are defined as per Article 1148 from the French Civil Code.

Article 7: LIABILITY AIR FORMATION shall bear no liability in the event of the non-performance or defective performance of its obligations due to circumstances attributable either to the Customer or any third party to the current contract, or any event of major force. AIR FORMATION shall only be liable to the damages affecting the Customer because of AIR FORMATION admitted misconduct.

Article 8: INTELLECTUAL PROPERTY All services proposed by AIR FORMATION to its customers are the exclusive intellectual property of AIR FORMATION. All contents and supports used by AIR FORMATION within the execution of its services are the sole property of AIR FORMATION. Any use, copy, exploitation, in addition to any exchange, resale or rental is strictly prohibited, and shall be subject to legal prosecution as copyright infringement.

Article 9: CONFIDENTIALITY All contracting parties are committed not to disclose in any form whatsoever the information to which they have access during the execution of the contract, regardless of their nature, and related to the other party, without the latter prior consent.

Article 10: GOVERNING LAW AND JURISDICTION These Terms and Conditions of sale shall be governed by the French Law. In the event of a dispute related to the interpretation or application of the Terms and Conditions herein, or execution of the contract concluded between AIR FORMATION and the Customer, a mutual agreement shall be sought. In case of unresolved dispute, the Tribunal de commerce of Toulouse shall be the sole competent Authority.

Article 11: DEFINITIONS Legal person: Association granted with a legal personality by the Law, and which benefits from the same rights as natural persons. Service: Generic term including all services proposed to the Customer by AIR FORMATION, namely actions related to Training, Audit and Consulting. Audit and Consulting actions require a preliminary contact with AIR FORMATION as their implementation are ruled by particular provisions to be defined by the contracting parties. For this reason, Articles 2, 3 and 4 above shall not be applicable. Purchase order: Simplified written means amounting to an order. OPCA: An OPCA is an agency approved by the Government to collect the funds related to professional trainings. It is in charge of the administrative and financial management of the training actions requested by the affiliated company. Several OPCA can be identified, each one with its own coverage criteria and respective procedures. Jurisdiction Clause: Clause of a contract by which the contracting parties agree to submit to a jurisdiction they designate, any dispute that may arise all along the contract lifetime.





General Terms and Conditions of sale

FOR CONSUMERS AND NON- PROFESSIONNALS


Article 1: GENERAL PROVISIONS
1. Presentation The present General Terms and Conditions of Sale (CGV) shall apply between, on the one hand, AIR FORMATION, SARL with a capital of 16 500 Euros, headquarters located at 14 Avenue de l’Escadrille Normandie Niémen 31700 Blagnac (France) and registered under number 489 532 648 in the French Registre du Commerce et des Sociétés, (hereafter designated as « AIR FORMATION ») and, on the other hand, any natural or legal person willing to purchase a service out of the frame of his/her professional activity, (hereafter designated as « the Customer »).
2. Scope of application The present General Terms and Conditions of Sale are applicable to all services proposed by AIR FORMATION to all non-professional customers or consumers, and are related to purchase orders issued by the Customer to AIR FORMATION. They set up the contractual conditions applicable to the provision of AIR FORMATION services to its customers. Any order issued implies the full and unrestricted agreement of the Customer to the present General Terms and Conditions of Sale. The CGV, in addition to all information mentioned on the website, are written in French.
3. Contractual provisions The nullity of a contractual provision shall not result in the nullity of the general terms and conditions therein.
4. Modification AIR FORMATION reserves the right to modify the present General Terms and Conditions at any time. The General Terms and Conditions of Sale applicable shall be, however, the ones in force upon issuance of the purchase order.

Article 2: CHARACTERISTICS OF THE SERVICES The services proposed by AIR FORMATION are related to intellectual work dedicated to the delivery of aeronautical training courses.
1. On-site trainings These training courses, proposed within AIR FORMATION catalog, are delivered within AIR FORMATION premises in accordance with a definite programme and schedule.
2. Distance trainings: e-learning trainings E-learning services are related to the distant provision of training courses via a virtual platform. Upon receipt of the payment, AIR FORMATION mails a login and password to the Customer for access to the ordered training course. Access to the training course is open for a period of three (3) months, starting from the mailing of the login and password. These data are strictly personal and confidential; they shall not be disclosed, traded or shared with any third-party. They shall be placed under the responsibility of the Customer who shall be liable for any fraudulent or abusive use of the access codes. AIR FORMATION is committed to provide an access to its virtual platform 24/7 all through the contractual period, unless in case of potential breakdown, maintenance or technical constraints related to the peculiarities of the Web network. AIR FORMATION shall provide the Customer with a phone support service for any trouble that may be experienced.

Article 3: PURCHASE ORDERS The nature and characteristics of the service are defined in the purchase order. The expected service is detailed in a descriptive notice entitled « Training Programme », provided in annex to the training agreement concluded between the Customer and AIR FORMATION.
1. Definitive principle of the order Distant orders Any order issued to AIR FORMATION in any form whatsoever (phone, mail…) shall be deemed to be accepted by AIR FORMATION upon receipt of the purchase order holding the Customer’s signature. To this end, any registration to a training course shall only be effective upon receipt of the purchase order. On-line orders The on-line services available on the website shall remain valid as long as the said services are included in the catalog. To place an order, the Customer selects the relevant training course within the on-line catalog, and confirms his selection via a click on the « Add to basket » button. After controlling the correctness of the order and modifying it as needed, the Customer shall settle the payment as per the defined conditions. The Customer is committed to take notice of the CGV therein, available for consultation under item « Legal Notice » on AIR FORMATION website, www.air-formation.com. By confirming the order, the Customer accepts to be bound by the CGV, and concludes the contract. Acknowledgement of receipt of the order and its corresponding payment is performed by means of an e-mail sent by AIR FORMATION to the Customer as soon as possible. AIR FORMATION shall reserve the right to refuse an order for legitimate reasons, as per Article L122-1 from the French Consumer Code. In compliance with Article L121-20 from the French Consumer Code, the Customer is provided with a refund period of fourteen (14) days starting from the offer acceptance, namely upon receipt by AIR FORMATION of the purchase order holding the Customer’s signature.
2. Cancellation In the event of a refund request initiated by the Customer, AIR FORMATION shall refund the training fees, at the latest, within the fourteen days following the request date, as per Article L121-21-8 from the French Consumer Code. In the event of a cancellation initiated by the Customer less than 3 days before the start date of the training service, AIR FORMATION shall withhold all fees contracted for the execution of the said service. A training started by a trainee cannot be refunded. In the event of a cancellation initiated by AIR FORMATION, AIR FORMATION is committed to inform the Customer about this cancellation as soon as possible and to refund the registration fees already settled. All other fees contracted by the Customer for the said training service shall not be subject to any refund by AIR FORMATION.

Article 4: PRICE AND PAYMENT
1. Determination of prices The prices of the training services mentioned in the purchase order are the ones listed within the yearly training catalog implemented by AIR FORMATION, on the day of the order placement. These prices are denominated in Euros, exclusive of VAT, and are firm prices from January 1st to December 31st of the current year. 2 Discounts Unless otherwise stipulated within the particular conditions agreed on by both parties, no discount shall be granted. 3 Terms of Payment Payment shall be made upon order placement, by credit card or cheque.

4 Invoicing The invoice shall be issued in two copies upon receipt of the purchase order, with one copy provided to the Customer.

Article 5: EXECUTION OF THE CONTRACT
1. Execution of the training service The training service shall be executed on the date stated on the purchase order, with reference to the training courses schedule implemented by AIR FORMATION, upon reserve of any necessary modifications. In such circumstances, AIR FORMATION is committed to inform the Customer as soon as possible.
2. Conformity AIR FORMATION is committed to providing a service compliant with the contractual provisions, and is subject to an obligation of means for execution of the said provisions. AIR FORMATION shall be held responsible for any non-conformity of the service as per the conditions of ordinary law.

Article 6: ARCHIVING As per Article L134-2 from the French Consumer Code, AIR FORMATION shall record a copy of the contract on a reliable and sustainable support.

Article 7: MAJOR FORCE AIR FORMATION shall not be held responsible in the event of the non-performance or delayed performance of its obligations due to an event of major force or unforeseeable circumstances. Such events or unforeseeable circumstances shall notably include: sickness or accidental conditions affecting the instructor in charge of the training service, strikes and social disorders, natural disasters, fires and climatic conditions. This is a non-exhaustive list as events of major force are defined as per Article 1148 from the French Civil Code.

Article 8: LIABILITY AIR FORMATION shall bear no liability in the event of the non-performance or defective performance of its obligations due to circumstances attributable either to the Customer or any third party to the current contract, or any event of major force. AIR FORMATION shall only be liable to the damages affecting the Customer because of AIR FORMATION admitted misconduct. AIR FORMATION shall only be liable to an obligation of means.

Article 9: CONFIDENTIALITY All contracting parties are committed not to disclose in any form whatsoever the information to which they have access during the execution of the contract, regardless of their nature, and related to the other party, without the latter prior consent.

Article 10: PERSONAL INFORMATION All information related to names and personal identities, collected by AIR FORMATION upon placement of an order by the Customer, is required for the order processing and the management of commercial relationship between the Customer and AIR FORMATION. The Customer shall be provided with a right of access, modification or opposition to this personal information, in compliance with the French legislation on Data Protection from January 6, 1978. This right of access can be fulfilled via the address specified in Article 1.1. This automatic processing of information has been subjected to a CNIL statement (number 1679507).

Article 11: INTELLECTUAL PROPERTY All services proposed by AIR FORMATION to its customers are the exclusive intellectual property of AIR FORMATION. All contents and supports used by AIR FORMATION within the execution of its services are the sole property of AIR FORMATION. Any use, copy, exploitation, in addition to any exchange, resale or rental is strictly prohibited, and shall be subject to legal prosecution as copyright infringement.

Article 12: GOVERNING LAW AND JURISDICTION These Terms and Conditions of sale shall be governed by the French Law, excepted for the conflict-of-law rules. In the event of a dispute related to the interpretation or application of the Terms and Conditions therein, or execution of the contract concluded between AIR FORMATION and the Customer, selection of the competent Court shall be left at the discretion of the requester, when acting as a professional or consumer, namely the defendant’s place of residence or the place of execution of the service as per application of Articles 42 and 46 from the French Code of Civil Procedure, or at the discretion of the requester, as a consumer exclusively, namely his place of residence at the time of the contract signature.

Article 13: DEFINITIONS Legal person: Association granted with a legal personality by the Law, and which benefits from the same rights as natural persons. Service: Generic term including all services proposed to the Customer by AIR FORMATION, namely actions related to Training, Audit and Consulting. Audit and Consulting actions require a preliminary contact with AIR FORMATION as their implementation are ruled by particular provisions to be defined by the contracting parties. For this reason, Articles 2, 3 and 4.1 above shall not be applicable. Purchase order: Simplified written means amounting to an order. Jurisdiction Clause: Clause of a contract by which the contracting parties agree to submit to a jurisdiction they designate, any dispute that may arise all along the contract lifetime.

LEGAL NOTICE


The owner and editor of the air-formation.com website is the Company AIR FORMATION, EURL with a capital of 16 500 €, and SIRET number 489 532 648 00040 and VAT number FR 11489532648.

Legal Representative, Publishing Director, Editorial Director: Laurent Vallier, newsletter@air-formation

AIR FORMATION 14 avenue Escadrille Normandie Nièmen 31700 BLAGNAC (France) T. +33(0)5 34 47 18 38 ; contact@air-formation.com

Intellectual property: AIR FORMATION is the sole owner of all intellectual property rights, for both www.air-formation.com site structure and contents worldwide. Air FORMATION provides on its website some information that can be used by visitors for printing, duplicating or storing only for personal purposes. Any copy, broadcast, marketing (partly or fully) of the contents under any form is strictly forbidden.

The designations: AIR FORMATION, CFM66, CCA are registered trademarks with the INPI (Institut National de la Propriété Industrielle – National Institute of Industrial Property) under the national information numbers: Air Formation: 12/3188942, CFM66: 09/3670962, CCA: 14/4072699.

Limited liability: AIR FORMATION provides links towards third parts websites for which we cannot be responsible for their contents. These resources do not belong to AIR FORMATION and therefore it is up to the users to utilise the information with judgement. As such, AIR FORMATION cannot be held responsible for external contents.