GENERAL TERMS AND CONDITIONS OF SALE

For all information on how personal data is processed in connection with the performance of these General Terms and Conditions of Sale, hereinafter “GT&Cs”, we invite you to consult our Data Protection Policy .

A – General Terms and Conditions of Sale applicable to the training programmes

Article 1 – FIELDS OF APPLICATION

These General Terms Conditions of Sale, hereinafter referred to as GT&Cs, are concluded between the parties:

“CMH”, headquartered at 52, rue Saint-Lazare, 75009 PARIS.

And between any natural or legal person, individual or professional, in private or public law, wishing to commit to one or more services provided by CMH, hereinafter referred to as the Applicant.

“Registration agreement” refers to the contract under private law signed by CMH and the customer

who funds his own education.

Article 2 – PURPOSE

Any order for a course implies unreserved acceptance by the customer and full and complete adherence to these general terms and conditions of sale.

Article 3 – CONTRACTUAL DOCUMENTS

CMH sends the customer a registration agreement. The customer undertakes to return to CMH as soon as possible a signed copy accompanied by all the supporting documents and corresponding payments.

Article 4 – REGISTRATION DEADLINES

Beyond the course start date, the customer shall have no claim to joining that session except in exceptional cases.

However, the customer shall be registered for the next session subject to receipt of the complete file (registration agreement, supporting documents and all payments).

Article 5 – CONDITIONS OF POSTPONEMENT

– In the event that the number of participants on a training course is deemed insufficient for educational reasons, CMH reserves the right to postpone that course no later than one week before the scheduled date.

– Should the Customer wish to postpone registration, he must imperatively inform the School Director so that the Customer can be registered for a new session. Thus, the payment made by the Customer to CMH shall be kept for that next course session.

Article 6 – WITHDRAWAL PERIOD

The Customer is entitled to a withdrawal period of 14 days starting from the date of signature of the registration agreement. If the Customer wishes to withdraw, he shall inform CMH by registered letter with acknowledgement of receipt, for the attention of the School Director.

During this period, the applicant may request a refund without having to justify his reasons, or pay any penalties.

CMH will issue you a refund by bank transfer or cheque. The refund shall take effect no later than 14 days following the date of receipt of the withdrawal form.

Article 7 – PRICE AND TERMS OF PAYMENT

All our prices are shown in euros exclusive of tax. Any taxes, as well as all bank charges incurred by the method of payment chosen by the Customer, shall be borne by that party.

During study trips, transport costs and meals (except in special cases) are not included in the cost of the course.

If payment is late, CMH may deny access to the course, without prejudice to any other course of action.

NB: the qualification linked to the course programme can only be issued if the customer completes the course.

Article 8 – FINANCIAL CONDITIONS PROVIDED IN THE EVENT OF EARLY TERMINATION OF THE COURSE OR WITHDRAWAL FROM THE COURSE

All signed registration agreements shall be considered firm and definitive, including

courses, options and trips, after the end of the 14-day withdrawal period which begins on the day following the signing of the agreement. The student then becomes liable for the cost of the course for his entire programme of studies.

For any valid withdrawal request, the student must write a letter to be sent to the school’s admissions service by registered letter with acknowledgment of receipt, stating the reasons for withdrawal.

Failure in an exam:

In the event of inability to join the course due to failing at an exam (baccalaureate, BTS, DUT, Bachelor’s, etc.), the student may renounce his registration upon presentation of official proof. In this case, all the sums collected will be returned except for the €200 reservation fee, which will remain due to the school in addition to the €100 application fee already collected.

Desistance before the start of the course:

Desistance refers to a student’s decision to withdraw before the start of the course. Fees will then remain due to the school as follows:

– 25% for all cancellation requests before 1 August 2021*

– 35% for all cancellation requests between 1 August and the day before the start of the new academic year;

*(% of total fees incurred, options and trips).

However, in the event of desistance justified by an overriding and legitimate reason or in the event of force majeure as defined in Article 1218 of the Civil Code, all of the costs paid shall be reimbursed to the student after deduction of the registration deposit costs amounting to €1,200.

Abandonment after the start of the course:

Abandonment refers to a student’s decision to withdraw after the start of the course.

The student remains liable to CMH for his registration fees, options and trips included, as follows:

– 50% for any abandonment between the start of the academic year and 31 December 2021*

– 100% for any abandonment between 1 January 2022 and the end of the current academic year*

*(% of total fees incurred, options and trips).

In case of withdrawal, justified by a compelling and legitimate reason or in case of force majeure as defined in Article 1218 of the French Civil Code, the registration deposit will be retained, i.e. €1,200.

With regard to course fees, they are due for any month that has been started, and any overpayment will be refunded to the student.

To be valid, cancellation requests must be sent to the school’s academic office by registered post with acknowledgement of receipt and must state the reasons for renouncing the registration. Refunds will be given within 30 days following the date of receipt of the letter.

Any cancellation request will be considered permanent. Any student wishing to register again will have to follow the normal registration procedure and if accepted, will not be entitled to any discount on the fees.

Permanent exclusion from a course:

The school may penalise any failure by the student to comply with the obligations imposed by the Internal Regulations (disciplinary reasons, lack of work, lack of attendance, etc.) by permanent exclusion from the course following a disciplinary council. In this case, the excluded student will have to pay the full cost of the course.

The school reserves the right to recover sums due by taking legal action.

Article 9 – CHANGES TO THE PROGRAMME

In order to constantly improve its programmes, CMH reserves the right, at any time, to change the lecturer, course or schedule, or to make any changes to the programme in the interests of educational quality.

Article 10 – MAJOR FORCE

The CMH school shall not be liable to the Client in the event of non-performance of its obligations resulting from an event of force majeure. The following are considered to be cases of force majeure or unforeseen circumstances, in addition to those usually recognised by the jurisprudence of the French Courts and Tribunals and without this list being restrictive: illness or accident affecting a consultant or course facilitator, strikes or industrial disputes internal or external to CMH, natural disasters, fires, failure to obtain visas, work permits or other permits, laws or regulations subsequently introduced, interruption of telecommunications, interruption of power supply, interruption of communications or transport of any kind, or any other circumstance beyond the reasonable control of CMH.

Article 11 – INTELLECTUAL PROPERTY

CMH is the sole owner of the intellectual property rights of all the courses

that it offers to its Customers. To this end, all content and teaching aids in whatever form (paper, electronic, digital, oral, etc.) used by CMH to provide training shall remain the exclusive property of CMH. As such, they may not be used, transformed, reproduced or exploited in any way not expressly authorised within or outside the Customer without the express agreement of CMH. In particular, the Client shall not use the content of the courses to train other persons and shall be liable under Articles L. 122-4 and L. 335-2 et seq. of the French Intellectual Property Code in the event of unauthorised transfer or communication of the content. Any reproduction, representation, modification, publication, transmission or distortion, in whole or in part, of the content of the courses or of any databases featuring on the CMH platform is strictly prohibited, regardless of the process or medium used. In any event, CMH remains the owner of the tools, methods and know-how developed prior to or during the performance of the services to the customer.

Article 12 – LIABILITY

CMH shall in no event be held liable for indirect and/or immaterial damages (such as moral, financial or commercial damages, loss of operations, profit or turnover, loss of earnings, etc.). Unless otherwise provided for by law, CMH’s liability for direct damages shall be limited to the total cost of the course, excluding VAT.

Article 13 – APPLICABLE LAW

The General Terms and Conditions and all relations between CMH and its Customers are governed by French law.

Article 14 – DISPUTES

In the event of any dispute concerning the validity, interpretation, performance or termination of this agreement, the parties agree to submit the dispute to the Commercial Court of Paris to which jurisdiction is hereby granted.

CMH reserves the right to modify or update its general terms and conditions of sale at any time.

B – General Terms and Conditions of Sale applicable to the online application

Article 1 – FIELDS OF APPLICATION

These General Terms Conditions of Sale, hereinafter referred to as GT&Cs, are concluded between the parties:

The company CMH, with registered address at 52, rue Saint Lazare, 75009 PARIS, registered in the RCS (Trade and Companies Register) in Paris under number 732 028 626, hereinafter referred to as CMH,

And between any natural or legal person, individual or professional, in private or public law, wishing to commit to one or more services provided by CMH, hereinafter referred to as the Applicant.

Article 2 – PURPOSE

The purpose of the GT&Cs is to define the terms and conditions of sale between CMH and the Applicant, from the time of the online order until the start of the competitive exam.

These GT&Cs, supplemented where applicable by special terms and conditions contained in the online application and/or appendices provided by CMH, are applicable, to the exclusion of all other terms and conditions and in particular those of the Applicant, to any order placed by the Applicant for services from CMH.

Article 3 – SERVICES

The Services governed by these GT&Cs are those which appear on the website and which are indicated as sold. They are offered subject to availability. The services are described as accurately as possible. The photographs are not contractually binding.

CMH reserves the right to cancel the competitive exam or course due to insufficient numbers. The applicants concerned will be informed before the competitive exam or course begins.

Article 4 – PRICES

All our prices are shown inclusive of all taxes and do not include accommodation or meal costs.

As registration for the CMH competitive exam is conditional upon full payment of the relevant fees, CMH expressly reserves the right to freely dispose of the place reserved by the candidate, as long as the registration fees have not been covered in accordance with the above conditions.

Article 5 – THE ORDER

Once the order has been validated, the applicant shall fill in his contact details and payment details, and finally read and accept the GT&Cs, this last step formalising the service contract between CMH and the applicant.

CMH shall acknowledge receipt of the order as soon as it has been validated by sending an email indicating the place and time of the competitive exam.

Article 5 – TERMS OF PAYMENT

Payment is due at the time of ordering. Payment for online services shall be made solely by bank card (Carte Bleue, Visa, MasterCard).

Payments by bank card are made through a secure system so that the information transmitted is encrypted.

Article 6 – RIGHT OF WITHDRAWAL

Notwithstanding Article L.121-20-1, 1° of the French Consumer Code and for all new contracts entered into, CMH grants the applicant a right of withdrawal of 14 clear days from the date of acknowledgement of receipt of the order by email and allows the applicant to receive a refund for the sums already paid as soon as possible and no later than 14 (fourteen) days after the date on which the applicant exercised his right of withdrawal.

During this period, the applicant may request a refund without having to justify his reasons, or pay any penalties.

However, if the candidate takes the competitive exam within the 14-day period, he will not be entitled to a refund of exam-related fees.

Withdrawal shall be done using the withdrawal form. Upon receipt, CMH shall send an acknowledgement of receipt of the withdrawal. Any request for withdrawal which does not comply with the legal time limit or the formalities of the previous paragraph shall not be taken into consideration.

Refund methods:

CMH shall issue a refund to the Applicant by bank transfer or cheque. The refund shall take effect no later than 14 days following the date of receipt of the withdrawal form.

Article 7 – SIGNATURES AND PROOF

In all cases, online provision of a bank card number and final validation of the order shall be considered as proof of the completeness of the said order in accordance with the provisions of the law of 13 March 2000 and shall be considered as proof of liability for payment for the services shown on the order form.

This validation shall be deemed a signature and express acceptance of all operations performed on the website. However, in the event of fraudulent use of his bank card, the applicant is invited to contact CMH as soon as such use is noticed. The computerised registers, kept in the computer systems of CMH and its partners under reasonable security conditions, shall be considered as proof of the communications, orders and payments made between the parties.

Article 8 – LIABILITY

CMH undertakes to take all possible care in the performance of the services. However, CMH shall not be liable if the non-performance of its obligations is attributable to force majeure as defined by French case law.

Likewise, CMH shall not be liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, external intrusion or the presence of computer viruses.

Article 9 – APPLICABLE LAW AND JURISDICTIONAL COMPETENCE

These GT&Cs are subject to French law. If an amicable procedure fails, any dispute arising from these GT&Cs shall fall under the exclusive jurisdiction of the courts of Paris.

This clause is stipulated in the interest of the company CMH, which reserves the right to waive it if it sees fit.

Article 10 – ACCEPTANCE BY THE APPLICANT

These GT&Cs are expressly agreed and accepted by the applicant, who declares and acknowledges that he is fully aware of them, and therefore waives the right to rely on any contradictory document.