GENERAL TERMS AND CONDITIONS OF SALE

PELLENC TRAINING CENTER

​

Updated on August 31, 2026

Preamble​

The PELLENC Training Center is a certified facility dedicated to support, training, and learning (Business Registration Number: 93840565784).

From operations to maintenance, all topics are covered in practical and theoretical workshops led by expert instructors (PELLENC employees or external instructors) in the field.

These General Terms and Conditions of Sale of the PELLENC Training Center, hereinafter “GTC,” constitute, in accordance with Article L.441-1 III of the French Commercial Code, the sole basis for commercial negotiations. Their purpose is to define the terms under which PELLENC, a simplified joint-stock company with a capital of 20,848,320, whose principal office is located at Quartier Notre-Dame – Route de Cavaillon – 84120 PERTUIS, registered with the Avignon Trade and Companies Register under number 305 061 186 00014 and whose intra-Community VAT number is FR 16 305 061 186, provides the training courses listed below to business customers, hereinafter referred to as the “Customer,” the training courses listed below. 

The PELLENC Training Center offers and provides in-person inter-company and in-house training, as well as distance learning via e-learning or in the form of virtual classes such as webinars.

Article 1: Purpose

These General Terms and Conditions apply to all PELLENC training offerings relating to orders placed with PELLENC by any business customer (hereinafter “the Customer”). 

Any individual participating, pursuant to the order placed by the Customer, in a professional training program offered by the PELLENC Training Center shall hereinafter be referred to as the “Participant.” 

They apply without restriction or reservation to all training provided by PELLENC, regardless of any clauses that may appear in the Customer’s documents, including its general terms and conditions of purchase, unless PELLENC has formally accepted them in writing.

In accordance with applicable regulations, these General Terms and Conditions of Sale are systematically provided to any purchaser who requests them.

Any enrollment in a training course automatically constitutes the Customer’s full and unconditional acceptance of the terms and conditions set forth below.

The fact that PELLENC does not enforce any provision of these terms shall not be construed as a waiver of its right to rely on these General Terms and Conditions of Sale at a later date.

These General Terms and Conditions of Sale supersede and replace any previously published General Terms and Conditions of Sale by PELLENC. 

PELLENC reserves the right to update these General Terms and Conditions of Sale at any time.

Article 2: Preliminary Offer

The Customer acknowledges that, prior to placing any order, they received sufficient information and advice from PELLENC to ensure that the training courses offered meet their needs.

The proposals and prices provided by PELLENC are valid only for a period of five (5) months from the date they are sent.

Article 3: Validity of the Order

3.1 The service offer is deemed accepted upon PELLENC’s receipt of the pro forma quote signed by any duly authorized representative of the Customer within five (5) months of the issuance of the aforementioned quote.

3.2 The signature on the pro forma quote constitutes irrevocable and unconditional acceptance of these General Terms and Conditions, which may be modified by PELLENC at any time, without prior notice, and without such modification giving rise to any right to compensation on the part of the Customer.

3.3 Any modification or addition to an order must be accepted by PELLENC through an acknowledgment of receipt. Without this formal acceptance, the modification or addition will not be taken into account.

Article 4: In-Person Training

The Customer and the Participant(s) agree to comply, during the training, with the rules and regulations provided in the invitation and whose terms have been accepted.

4.1 Replacement of a Participant

PELLENC offers the option to replace, at no additional cost, a Participant who is unable to attend with another Participant who has the same profile, the same skills, and the same training needs. 

4.2 Insufficient Number of Participants for a Session

In the event that there are insufficient participants, in order to ensure the smooth running of the training session, PELLENC reserves the right to postpone the training no later than one week before the scheduled date, without any compensation. If necessary, PELLENC agrees to propose a new training date as soon as possible.

4.3 Organization of In-Person Training Outside the PELLENC Training Center

The Customer agrees to provide: 

- A room suitable for the training;

- A video projector;

- Access to drinking water; 

- The tools and machinery necessary for the training to proceed smoothly.

Article 5: Distance Learning

For distance learning courses offered by the PELLENC Training Center, the internal regulations of the company to which the Participant belongs shall apply.

5.1 Description

Distance training consists of organizing a training program that does not involve in-person, face-to-face instruction. This may take the form of a webinar with an instructor via videoconference or an online training course on a secure platform.

5.1.1 E-learning Training:

As part of the e-learning distance training program, PELLENC grants the Participant:

- access credentials to the platform used by the PELLENC Training Center for the Participant’s use;

- for a period of twelve (12) months from the date of acknowledgment of receipt of the access confirmation email sent by PELLENC, after which access will be deactivated;

- sending a username (“Login”) and password to the Participant’s email address, granting the Participant access to the module(s) selected by the Client;

- the option for the Customer and the Participant to obtain an evaluation of the Participant’s training progress;

- to provide the Client, upon request, with a report ensuring full traceability of the training (“reporting”).

Unless otherwise specified, an invoice is issued and sent to the Client as soon as PELLENC creates the access codes granting access to the module(s).

5.1.2 Webinar Training:

As part of the webinar-based distance training, PELLENC agrees to provide the Participant with:

- to send the Participant an invitation containing the access code for the videoconference;

- the option for the Customer and the Participant to obtain an evaluation of the Participant’s training progress;

- to provide the Client, upon request, with a report ensuring full traceability of the training (“reporting”).

5.2 Scope of Participants

Unless otherwise expressly agreed by PELLENC—particularly in the case of affiliated companies within a corporate group—the rights to use the module(s) are granted solely to the Customer who signed the pro forma quote.

5.3 PELLENC’s Warranties for E-learning

PELLENC undertakes to make every effort to ensure access to its platform 24 hours a day, 7 days a week, for the duration of the rights to use the module(s), except in the event of a potential outage or technical constraints related to the specific nature of the Internet.

The Customer agrees to notify PELLENC within 24 hours of discovering any technical malfunction.

PELLENC will use its best efforts to ensure that the platform operates reliably and continuously. 

In the event of a service interruption due to corrective maintenance, PELLENC will make every effort to resolve the issue within 24 business hours. After this period, PELLENC will extend access to the module(s) for Participants for a period equal to the duration of the downtime.

In the event of platform upgrades, PELLENC may also temporarily suspend access after first notifying the Customer.

PELLENC will extend access to the module(s) for the Participants for a period corresponding to the duration of the downtime.

Article 6: Prerequisites

The Client agrees to comply with the functional and technical prerequisites for each training program. 

Article 7: Training Contract Documents

For each training session, an agreement is drawn up in accordance with Article L.6353-1 of the Labor Code and sent in duplicate; one copy must be returned by the Client bearing the company’s official stamp. 

A training attestation, a certificate of completion, and an attendance sheet are sent after the training.

Article 8: Pricing

8.1 All prices are quoted in euros and exclude taxes. They will be subject to VAT at the applicable rate. Any taxes, as well as bank fees incurred by the chosen payment method, shall be borne by the Client.

8.2 Lunch for participants and the trainer(s) is always covered by PELLENC (excluding alcohol), whether the training takes place at the PELLENC Training Center or off-site.

8.3 Any request for additional printed materials, other than a USB drive containing the training materials provided by PELLENC, will be billed separately.

8.4 For training sessions held off-site from the PELLENC Training Center, a surcharge will be applied to the total pre-tax cost of the training to cover, in particular: travel expenses for the trainer(s) or subject matter expert(s).

Article 9: Payment

9.1 Payment of the price shall be made in full upon receipt of the invoice, in euros, unless otherwise specified in the Single Agreement governing the supplier-distributor relationship between the Customer and PELLENC. 

9.2 Invoices are payable in accordance with the terms specified in the Single Agreement governing the supplier-distributor relationship between the Customer and PELLENC. 

9.3 PELLENC will not grant any discount for early payment.  

9.4 If payment is made after the due date specified by PELLENC on the invoice, late payment penalties will apply. The rate of late payment penalties is equal to the interest rate applied by the European Central Bank (ECB) to its most recent refinancing operation, plus ten (10) percentage points, effective as of the first day of delay. 

Penalties accrue as of the day following the payment due date shown on the invoice or, failing that, on the 31st day following the date of receipt of the goods or the completion of the service.

They are not subject to VAT.

They will be calculated as follows: (amount of the claim, including tax, × penalty rate) × (number of days in arrears / 365).

9.5 In accordance with Article L. 441-6 of the Commercial Code, a lump-sum indemnity of forty (40) euros for collection costs shall be due, automatically and without prior notice, in the event of late payment.

in the event of late payment. PELLENC reserves the right to request additional compensation from the buyer if the collection costs actually incurred exceed this amount, upon presentation of supporting documentation.

However, these indemnities may not be invoked when the initiation of safeguard, reorganization, or judicial liquidation proceedings prevents payment of the debt owed to PELLENC when due.

Article 10: Cancellation of In-Person Training Sessions at the Client’s Initiative

Since training dates are set by mutual agreement between PELLENC and the Customer, in the event of a late cancellation of a training session by the Customer, compensation is due under the following conditions:​

• cancellation notified at least thirty (30) days before the session: no compensation;
• cancellation notified less than thirty (30) days but at least seven (7) business days before the session: 50% of the fees for the session will be billed to the Client.

Any request by the Client to reschedule will be subject to review and approval by the PELLENC Training Center.

This clause does not preclude the application of force majeure.

Article 11: Participant’s Absence on the Day of Training

If the Participant does not attend on the day of the training, the Client will be billed for the full cost of the training.

Article 12: Expulsion of the Participant

In the context of a training session held at the PELLENC Training Center, if a Participant fails to comply with the Internal Rules by committing any misconduct as specified in said rules, their temporary or permanent exclusion from the training session will not result in any refund of the fee paid for said training service.

Article 13: Force Majeure

13.1 Force majeure refers to an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of acceptance of the General Terms and Conditions of Sale and whose effects cannot be avoided by appropriate measures, thereby rendering the full or partial performance of the obligations set forth in the General Terms and Conditions of Sale impossible. 

The following, in particular, are considered cases of force majeure: lockouts, strikes, war, natural disasters, and total shortages of raw materials.  

13.2 The parties shall not be held liable for the harmful consequences of force majeure and undertake to make every effort necessary to limit the duration and consequences of the event of force majeure. 

13.3 The occurrence of a force majeure event shall suspend the performance of the Parties’ contractual obligations. In the event that the suspension of contractual obligations exceeds thirty (30) days, the parties agree to meet within fifteen (15) days following the expiration of this period to negotiate in good faith an amendment to the contract.

13.4 If these negotiations fail within fifteen (15) days, or if it is determined that it is permanently impossible to continue the contract, the contract shall be automatically terminated at the initiative of the more diligent Party, by simple registered letter with acknowledgment of receipt. The termination shall take effect on the date the other party receives the registered letter with return receipt. 

Article 14: Penalty Clause

14.1 If the buyer’s default necessitates collection through out-of-court or legal proceedings, the buyer shall pay, in addition to the principal amount, the costs, expenses, and fees ordinarily and legally payable by the buyer, as well as compensation set at fifteen (15) percent of the principal amount, including all taxes, of the debt, as contractual and lump-sum damages.

14.2 Before demanding payment of the penalty, PELLENC must, by certified letter with acknowledgment of receipt, give the buyer formal notice to comply.

Article 15: Severability

In the event that any provision of these General Terms and Conditions of Sale is canceled or deemed null and void, the remaining provisions shall remain in full force and effect.

Article 16: Limitation of Liability

16.1 PELLENC shall not be held liable in the event of a technical failure of the equipment, misuse of the e-learning training module(s) by the Customers, or any other cause beyond PELLENC’s control.

16.2 In any event, PELLENC’s liability is expressly limited to compensation for direct, certain, and proven damages by the Customer. It is capped at the total amount already paid by the Customer in settlement for the performance of the service in question as of the date the dispute arose.

16.3 Under no circumstances shall PELLENC be held liable for indirect or consequential damages, such as, but not limited to, loss of data or files, loss of business, commercial harm, loss of profits, or damage to image and reputation.

16.4 In the event of an incident of any kind, whether proven or not, the Customer is advised to notify PELLENC without delay. In any event, should action by the Customer be necessary to limit the impact of a proven incident, PELLENC shall not be held liable if the Customer fails to comply with the instructions provided by PELLENC within the specified timeframe.

Article 17: Property Rights

The training materials made available to the Customer in connection with the training services are and remain the exclusive property of PELLENC and are protected, in particular, under the Intellectual Property Code. 

The Client agrees not to infringe upon these property rights and not to distribute, transfer (whether for free or for a fee), reproduce, and/or copy the documents provided. The PELLENC Training Center reiterates that only the training courses it delivers constitute a commitment by PELLENC, and not training courses delivered on an ad hoc basis by individuals who were previously trained by the PELLENC Training Center.                                 

Article 18: Ethics Clause

In accordance with the PELLENC Group’s Ethics Policy, as well as the requirements for the prevention of corruption and influence peddling set forth in Law No. 2016-1691 of December 9, 2016, on transparency, the fight against corruption, and the modernization of economic life, the Parties agree to act within the framework of this Agreement by adopting an ethical, fair, and transparent approach. The Parties also agree to comply with anti-corruption principles and to refrain from committing any reprehensible acts.

PELLENC reserves the right to conduct a financial and ethical assessment of the other Party prior to and during the course of the business relationship.

Any breach of the obligations arising from this clause shall entitle PELLENC to terminate the relationship for cause, without prejudice to any other rights or remedies provided by law.

Article 19: Processing of Personal Data

19.1 Legislation

For any processing of personal data carried out in connection with this business relationship, the Parties shall comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) – “GDPR.”

Each Party represents and warrants to the other Party that it will strictly comply with the GDPR in connection with any processing of personal data carried out in connection with this business relationship.

Notwithstanding any provision to the contrary, the Parties shall not be liable under these General Terms and Conditions to the extent that compliance with the GDPR would prevent them from performing any of their obligations under these General Terms and Conditions.

19.2 Data Controller

PELLENC is responsible for the protection of the personal data processed. The Data Protection Officer (DPO) may be contacted at the following address: dpo@pellenc.com.

19.3 Retention Period

Data is retained and used for a period consistent with applicable law.

19.4 Purpose of Collection

The personal data collected is processed electronically. It is necessary for PELLENC to fulfill its contractual obligations.

Customers’ personal information and data are necessary for managing orders and customer relationships.

It also allows us to keep customers informed of all offers and commercial information related to PELLENC.

This information and order management data are also retained for security purposes, as well as to enable PELLENC to improve and personalize the services offered to the Customer.

19.5 Recipients 

The data collected is shared throughout the entire PELLENC Group, including our subsidiaries and certain service providers.

19.6 Data Rights

Individuals whose data is collected may exercise:

• their right to be forgotten: allowing them, in certain cases, to request that the data controller erase data concerning them;
• their right to data portability: which allows them to receive their personal data in a structured, commonly used, and machine-readable format;
• their right to restriction of processing: if individuals whose data is collected dispute the accuracy of the data used by the organization or wish to object to the processing of their data, PELLENC must verify or review this request. During this period, it will therefore be possible to ask PELLENC to suspend the use of the data;
• their right to rectification: which consists of requesting the correction of inaccurate or incomplete information concerning you.

19.7 Right to File a Complaint with the CNIL

In the event that the Customer believes that the processing of their personal data does not comply with legal and regulatory requirements, they may submit their comments and file a complaint directly with the French supervisory authority, namely the CNIL, at the following address: 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07.

Article 20: ConfIdentiality

The Customer and the Participants agree to keep confidential all information and documents belonging to PELLENC, of any nature whatsoever—whether economic, technical, or commercial—to which they may have access during the performance of the contract or in connection with communications that took place prior to the conclusion of the contract. PELLENC agrees not to disclose to third parties other than its affiliates, partners, or suppliers any information provided by the Customer, including information concerning Users.

Article 21: Governing Law

By express agreement between the parties, these General Terms and Conditions of Sale are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.

Article 22: Jurisdiction

22.1 Any disputes that may arise from this contract—including, but not limited to, its validity, interpretation, performance, or termination—shall be submitted, prior to any referral to the competent court to adjudicate the merits of the dispute, to mediation by a person chosen by mutual agreement of the parties, or, failing that, to the Commercial Court of Avignon (Vaucluse, France), upon application by the party acting with due diligence, with a view to reaching an amicable settlement. 

22.2 The parties agree to participate in good faith in the mediation process.

22.3 If the parties fail to reach an agreement within six (6) months of the mediator’s appointment, the dispute shall be submitted to the Commercial Court of Avignon (Vaucluse, France).

22.4 The above jurisdiction clause does not apply to infringements of intellectual property rights and related matters, which fall under the exclusive jurisdiction of the Judicial Court of MARSEILLE, nor to infringements of patent rights, which fall under the exclusive jurisdiction of the Judicial Court of PARIS.

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