General conditions

Article 1: DESIGNATION OF THE SELLER

The company L.S CO CONSULTING, a single-member limited liability company with capital of 5,000 euros acting under the brand TTA – The Trusted Agency, whose head office is located at BOIS DE FRÉMY 89350 VILLENEUVE-LES-GENÊTS, registered with the RCS of AUXERRE under number 513 726 174, intra-community VAT number FR48513726174, lcombalbert@thetrustedagency.com, hereinafter referred to as “LSCO CONSULTING” or the “Seller”, offers in particular the sale of training and conferences (hereinafter the “Training”) which it provides in particular at the location of its head office (hereinafter “the location of the Training”)..

Article 2: GENERAL CONDITIONS OF SALE

2.1. Object

The purpose of these general conditions of sale (hereinafter the “CGV”) is to define the rights and obligations of the Parties in the context of the provision of Training by the seller.

2.2. Area of ​​application

The General Terms and Conditions govern the sale of Training by the seller to the participant(s) (hereinafter “Customer(s)”) and constitute the contractual document enforceable against the Parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of the Training which have only indicative value.

The General Terms and Conditions are exclusively applicable to Training provided to the Client(s) by the seller at the location of the Training.

The General Conditions of Sale are drawn up in the French language which prevails between the Parties.

2.3. Availability and opposability

The General Terms and Conditions are made available to the Customer when ordering. They can also be communicated to him upon simple request by telephone, e-mail or postal mail.

The General Conditions of Sale are enforceable against the Customer who acknowledges having been aware of them and having expressly accepted them when ordering.

Validation of the order is established by the signing of the order form and/or the intervention contract by the Customer. The signature can be handwritten or electronic (of any type) and constitutes acceptance by the Customer of the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by LSCO CONSULTING in accordance with article 1127-2 of the Civil Code.

2.4. Modification

LSCO CONSULTING reserves the right to modify its T&Cs at any time.

In the event of modification of the General Conditions of Sale, the applicable General Conditions of Sale are those in force on the date of the order, a copy of which dated to date can be provided to the Customer upon request.

2.5. Nullity and inapplicability

The nullity of a contractual clause does not result in the nullity of the General Terms and Conditions.

The temporary or permanent non-application of one or more clauses of the T&Cs by LSCO CONSULTING cannot constitute a waiver on its part of the other clauses of the T&Cs which continue to have their effects. Likewise, the fact that LSCO CONSULTING does not avail itself at a given time of any of the present clauses cannot be interpreted as a waiver of the right to avail itself subsequently of any of the said clauses.

Article 3: TRAININGS

3.1. Features

Training offers essential within the meaning of article L. 111-1 of the Consumer Code.

The photographs illustrating the Training do not constitute a contractual document.

3.2. Delivery of Training

LSCO CONSULTING makes the Training available at the location of the Training, subject to compliance by the Client with the stipulations of the General Terms and Conditions and the details regarding the services in general.

Furthermore, the Client acknowledges that it is his responsibility to participate in Training sessions in compliance with the laws and regulations in force and not to undermine their proper functioning in any way.

3.3. Obligation of means

As part of the services it provides, LSCO CONSULTING is subject to an obligation of means. LSCO CONSULTING cannot be held responsible for the use made by the Client, by the participants (managers and/or employees of the Client) and by the Client's service providers.

3.4. Participant registration for a training session

The participant's registration is nominative, non-transferable and inalienable.

The Client is formally prohibited, without the prior written consent of LSCO CONSULTING, from transferring, renting or lending their registration for a Training session. LSCO CONSULTING reserves the right to refuse access to the training location to any person who has not registered in the manner required by these General Terms and Conditions.

LSCO CONSULTING cannot be held responsible for any loss or damage occurring in the event of failure to comply with these obligations.

3.5. Training location

The Training courses are held in principle at the location of the head office of LSCO CONSULTING, namely BOIS DE FRÉMY 89350 VILLENEUVE-LES-GENÊTS.

However, Training can be held at the Client's premises. When the Training is carried out on the Client's premises, or in a location rented by the Client, the Client undertakes to comply with the legal and regulatory rules in force for this type of event, particularly in terms of insurance, and releases LSCO CONSULTING from any liability in this respect.

3.6. Cancellation of Training by LSCO CONSULTING

In the event of cancellation of Training, LSCO CONSULTING immediately informs the Client and can offer Training of equivalent quality and price or, failing that, a voucher for the amount of the order that can be used for any future order.

In the event of disagreement by the Client, LSCO CONSULTING will reimburse the sums paid within one (1) month.

Apart from reimbursement of the price of the unavailable product, LSCO CONSULTING is not liable for any cancellation compensation.

3.7. Cancellation of participation by the Client

If the Client unsubscribes more than thirty (30) days before the Training date, the deposit (50% of the transfer price) paid when signing the intervention contract and/or the order form will remain with the company LSCO CONSULTING. In the event of unsubscription less than thirty (30) days before the Training date, 100% of the price of the service will remain with the company LSCO CONSULTING.

(It is specified that in the event that the consumer Client within the meaning of the law and case law asserts his right of withdrawal within the legal deadlines, the entire sums paid by said Client will be reimbursed by the company LSCO CONSULTING – see article 11 below).

In the event of the Client's absence from a Training for any reason whatsoever, no postponement or refund of the order will be accepted and the price of the service will remain 100% acquired by the company LSCO CONSULTING.

3.8. Delay

When the Training ordered is not provided on the date or at the end of the period mentioned on the order form, the Client may, after having unsuccessfully ordered LSCO CONSULTING in writing to fulfill its obligation to provide training within a reasonable additional period, terminate the contract by registered letter with acknowledgment of receipt or by writing on another durable medium.

Article 4: PRICE

4.1. Selling price

The sales prices are indicated for each of the Training courses in euros, all taxes included (TTC), excluding additional costs mentioned before validation of the order and invoiced additionally.

The total amount owed by the Customer is indicated on the intervention contract and/or the order form. The sales price of the Training is that in effect on the day of the order.

In the event of a price promotion, LSCO CONSULTING undertakes to apply the promotional price to any order placed during the period of advertising for the promotion.

4.2. Modification

LSCO CONSULTING reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in force on the day of the order.

4.3. Costs

Any additional costs borne by LSCO CONSULTING (delivery, postage, transport or other), of which the Customer was aware before ordering, are set out on the order form.

Article 5: OFFER

5.1. Duration

Sales offers presented on any medium by LSCO CONSULTING are valid, in the absence of an indication of a particular duration, as long as the Training offered for sale appears on said media.

5.2. Acceptance

Acceptance of the offer by the Customer is validated by confirmation of the order.

Article 6: ORDER

6.1. Stages of concluding the contract

To place an order, the Customer returns the signed intervention contract and/or order form. This signature(s) constitutes express and unreserved acceptance of the General Terms and Conditions which form the applicable contract between the Parties.

In the event of multiple orders, the Customer will send LSCO CONSULTING a list of end users, either by mail or by email, specifying the surnames, first names, email address and telephone number of each end user as well as the references and names of the desired Training Courses.

6.2. Editing the order

Any order modification by the Client after signing the intervention contract and/or the order form is subject to acceptance by LSCO CONSULTING.

LSCO CONSULTING reserves the right to make modifications to the Training ordered that are linked to technical developments under the conditions provided for in Article R. 212-4 of the Consumer Code, that is to say without an increase in price or alteration of quality and only the characteristics to which the Client has subordinated his commitment.

6.3. Validation of the order

LSCO CONSULTING reserves the right to refuse any order without needing to provide a reason.

Article 7: CONTRACT

7.1. Conclusion

The sales contract is formed at the time of signature by the Customer of the intervention contract and/or the order form. It constitutes express and unreserved acceptance of the general conditions of sale by the Customer.

7.2. Archiving and proof

The archiving of contractual documents, purchase orders and invoices is carried out by LSCO CONSULTING in order to constitute proof of the contractual relationship with the Client.

7.3. Resolution

The order can be canceled by the Customer by registered letter with acknowledgment of receipt or by writing on another durable medium in the event of provision of Training that does not conform to the characteristics declared by LSCO CONSULTING. In this case, the Client must provide certain proof that the Training provided does not conform to the characteristics presented by LSCO CONSULTING.

The order may be canceled by LSCO CONSULTING in the event of non-payment of the price (or the balance of the price) on the date agreed in the general conditions of sale.

In all these cases, the deposit paid on the day of the order by the Customer remains with LSCO CONSULTING as compensation.

Article 8: PAYMENT

The price of the Training courses appears in the intervention contract and/or the order form. At the time of signing, the Client is required to pay a deposit of 50% of the price of the Training. The balance must be paid by the Client within 10 days of receipt of the invoice issued by LSCO CONSULTING.

Any amount not paid by the due date automatically results in the application of late payment interest of 3% per month of delay and a fixed compensation of 40 euros for recovery costs due to the creditor in the event that the amounts due are paid after the due date.

Payment for the price of the Training (as well as the deposit) can be made by sending a check, bank transfer or cash.

Article 9: RESPONSIBILITY

9.1. Limit of liability

In the event of non-performance or poor performance of its obligations by the company LSCO CONSULTING, its liability can never exceed half of the price agreed in the order form or the intervention contract. The liability of the company LSCO CONSULTING can never be sought in the event of indirect damage, loss of opportunity or missed gain.

The Parties recognize that this clause is proportionate and not abusive.

9.2. Disclaimer

LSCO CONSULTING cannot be held liable in the event of non-performance or poor performance of the contract due either to the Customer's actions, or to the insurmountable and unforeseeable act of a third party to the contract, or to force majeure.

9.3. Penal clause

In all cases of non-performance of its obligations by the Customer, the deposit paid on the order remains with LSCO CONSULTING as compensation.

Article 10: RESOLUTORY CLAUSE

The cancellation of the order in the cases provided for in these General Terms and Conditions will be pronounced by simple registered letter with acknowledgment of receipt or by email to the address office@thetrustedagency.com and will be acquired automatically without legal formality.

Article 11: RIGHT OF WITHDRAWAL

The Customer considered as a consumer within the meaning of the law and jurisprudence is informed and expressly accepts that he has no right of withdrawal other than the case in which the order would have been placed by said Customer on the LSCO CONSULTING website. In this case only, the Customer will benefit from a right of withdrawal which he must exercise within 14 days from the date of signature of the intervention contract and/or the online order form.

The Consumer Customer who wishes to exercise his right of withdrawal must send a registered letter with acknowledgment of receipt to the head office of the company LSCO CONSULTING or an email to the address office@thetrustedagency.com. In this case, all sums paid by the Consumer Customer will be reimbursed by LSCO. CONSULTING within one (1) month.

Article 12: INTELLECTUAL PROPERTY

All elements contained in the Training and in particular the brands, domain names, products, software, images, videos, texts or more generally any element and information subject to intellectual property rights are and remain the exclusive property of LSCO CONSULTING.

No transfer of intellectual property rights is made through these General Terms and Conditions. Any total or partial reproduction, modification or use of these goods for any reason whatsoever, without prior written authorization from LSCO CONSULTING, is strictly prohibited and exposes offenders to legal proceedings.

Likewise, other elements present within the Training, belonging to third parties and subject to intellectual property rights such as brands, domain names, products, software, images, videos, texts, are the exclusive property of their legitimate right holders.

No authorization for use, exploitation, reproduction, distribution, modification, total or partial, of these goods is granted by these General Terms and Conditions. Any infringement of the intellectual property rights of a third party, for whatever reason, exposes the infringers to legal action by the legitimate rights holders.

It is specified that the Client expressly undertakes to use the elements acquired, transmitted or communicated during the Training provided by LSCO CONSULTING only for personal purposes and expressly refrains from teaching them to third parties in any form whatsoever.

Article 13: CONFIDENTIALITY

The Parties undertake to treat confidentially and not to disclose to any third party any documents or information relating to the other party which may be transmitted to them or of which they become aware within the framework of their contractual relationship.

Article 14: MEDIATION

14.1. Prior complaint

In the event of a dispute, the Client must first contact LSCO CONSULTING customer service by email. office@thetrustedagency.com or by post TTA – Bois de Frémy 89350 Villeneuve les Genets.

14.2. Request for mediation

In the event of failure of the complaint request to the consumer service or in the absence of a response from this service within two months, the Consumer may submit the dispute relating to the purchase order or these T&Cs opposing him to LSCO to an internal mediator, Stéphanie FURTOS, who will attempt, in complete independence and impartiality, to bring the Parties together with a view to reaching an amicable solution.

To submit their request for mediation, the Consumer will have a complaint form accessible on the mediator's website.

The Parties to the contract remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

Article 15: COMPETENT COURT

In the absence of an amicable agreement, the Parties may refer any dispute to the court relating to the existence, interpretation, conclusion, execution or termination of the contract as well as all documents related to this contract.

The competent court will be that of the place of domicile of the defendant (article 42 of the code of civil procedure) or that of the place of the actual delivery of the thing or of the execution of the service (article 46 of the code of civil procedure).

Article 16: APPLICABLE LAW

This contract and the T&Cs governing it are subject to French law.

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