General terms and conditions of service

GENERAL TERMS AND CONDITIONS OF SERVICE

Version: 28/10/2024

General Provisions

Article 1 – Scope of Application
These General Terms and Conditions of Service (hereinafter referred to as "GTCS") govern all services provided by Lego Voce (Siret: 53219975900046), represented by Mr. Alexandre Damiani, Director (hereinafter referred to as "the Service Provider") as an oratory teaching structure.

They apply, without restriction or reservation, to all services (hereinafter referred to as "the Services") provided by the Service Provider to Clients.

The terms appearing on documents issued by the Client, particularly their purchase conditions, apply only if expressly accepted by the Service Provider. No tacit acceptance of documents originating from the Client may be enforced against the Service Provider.

Placing an order for Services implies the Client's acceptance of these GTCS. Information appearing in our promotional documents does not bind us.

The Service Provider reserves the right to modify these GTCS at any time. Any orders placed after the new GTCS come into effect will be subject to them.

The potential invalidation of one or more clauses of the GTCS shall not affect the remaining provisions, which will remain fully effective as long as the overall economic balance of the contractual relationship can be preserved.

The fact that the Service Provider does not enforce a particular provision of the GTCS, or a breach thereof, cannot be considered a waiver of the right to invoke the benefit of such a provision or breach.

Article 2 – Purpose – Contractual Documents
These GTCS define the rights and obligations of Lego Voce and its Clients. They are complemented by our offers, purchase orders provided by the Client, and any documentation describing the services provided, including invoices, which commit the Client to payment within the month in which the service was duly performed.

Any specifications provided by the Client will only have contractual value if expressly accepted by the Service Provider.

Article 3 – Offer – Quotation
Except for services with standard pricing (e.g., spoken voice and oratory courses), services are subject to a formal offer.

All prices are inclusive of VAT, as the Service Provider is exempt from VAT under Article 293B of the French General Tax Code. Prices and timelines indicated in our offers are valid for one month from the offer's issuance date. They are fixed and non-revisable if the order is placed within that month. Services include everything explicitly listed. Any services not included in the Offer will require a separate complimentary quotation.

Lego Voce's quotations are free of charge.
Any projects presented must be returned to Lego Voce in full (both digital and physical documents) if not accepted and remain the property of Lego Voce. The Client is prohibited from using these documents or sharing them with third parties.

Article 4 – Orders / Modifications
4.1 – The Client must confirm acceptance of the Offer within its validity period in writing (via paper or electronic means).

An acceptance via email is binding for the Client. The Client is bound by their acceptance without requiring confirmation from the Service Provider.

If the Offer is accepted after its validity period, the Service Provider may modify the conditions of the Offer, including pricing and execution timelines.

4.2 – Any request for order modifications by the Client is subject to the Service Provider's approval. Such requests must be made no less than 15 days before the scheduled delivery of the Services.

Modifications will require a new purchase order or invoice and may result in changes to timelines, execution conditions, and pricing.

The Client cannot cancel an order once the Offer is accepted. If the Service Provider accepts a cancellation, the Client must compensate the Service Provider for any damages, and the deposit will, in any case, be retained by the Service Provider.

Article 5 – Payment Terms – Default
Unless stated otherwise in the quotation, services exceeding a total amount of €500 (five hundred euros) require a 25% deposit upon acceptance of the Offer.

The Service Provider is not obligated to deliver Services if the Client has not fulfilled payment obligations according to the terms specified in these GTCS and the Offer.

Invoices must be paid within the specified period, or by default, within 30 days of the service month.

No discounts are granted for early payment. Payments are typically made by bank transfer to the account provided on the invoice. Alternative payment methods require prior approval.

Late payments will incur penalties calculated in accordance with applicable laws. The late payment penalty rate is equal to the European Central Bank’s refinancing rate, plus 10 points. Clients in default will also owe a fixed recovery fee of €50. If recovery costs exceed this fixed amount, the Service Provider may claim additional compensation with supporting documentation.

After 15 days of an unresolved payment default, the Service Provider may suspend or terminate service execution or demand immediate payment of all outstanding sums.

For new clients, payment incidents, or increased payment risks, the Service Provider may require full upfront payment before service execution.

Article 6 – Service Execution
The Service Provider will make every effort to perform Services within agreed timelines, provided the Client fulfills their obligations, including timely payments and providing necessary materials.

Delays caused by the Client cannot be attributed to the Service Provider. If delays occur, the Client must demonstrate specific harm caused.

Article 7 – Force Majeure
The Service Provider shall not be held liable for non-performance of obligations due to unforeseen events or force majeure, as defined by Article 1218 of the French Civil Code.

Force majeure includes, but is not limited to, acts of civil or military authorities, strikes, fires, floods, storms, internet outages, pandemics, or third-party failures.

In case of force majeure, obligations are suspended for up to 30 days. If the impediment persists beyond this, contracts may be terminated under "Force Majeure Resolution."

Article 8 – Warranties – Liability
The Service Provider is bound by a duty of care and guarantees service execution in accordance with professional standards. Liability is limited to direct, foreseeable material damages and excludes indirect damages like loss of clientele or reputation.

Article 9 – Contract Termination
9.1 – For Breach
Contracts may be terminated 15 days after written notice of breach remains unresolved.

9.2 – For Force Majeure
Contracts may be terminated if force majeure prevents execution for over 30 days.

9.3 – Common Provisions
Restitution of exchanged services applies if contracts are terminated.

Article 10 – Governing Law and Jurisdiction
These GTCS are governed by French law. Disputes will first be subject to amicable resolution. If unresolved within 30 days, the Commercial Court of LONS-LE-SAUNIER will have exclusive jurisdiction.

Article 11 – Personal Data
Personal data collected is strictly for service execution. Data is stored for up to 5 years post-contract and is protected under GDPR. Clients may request access, correction, or deletion of their data. Complaints can be filed with the CNIL or a judicial authority.