General Terms and Conditions (GTC)
OBSAM Académie - Obsolescence Management Training
1. Purpose
The purpose of these General Terms and Conditions of Sale (hereinafter referred to as «GTCS») is to define the conditions applicable to training services provided by the Obsam training organization (hereinafter referred to as «the organization»), SAS, with capital of €15879, registered with the Saint Malo Trade and Companies Registry under number 817448558. The organization's head office is located at 119 rue de Brest - 22100 Dinan.
2. Application and enforceability of the GCS
These General Terms and Conditions apply to all training services offered by the organization, whether they are delivered in person, remotely or on customer premises, in France or abroad. The detailed characteristics of each training course (objectives, duration, location, price, etc.) are specified in the training contract or agreement, as well as in the training program.
All orders for training courses imply the customer's full and unreserved acceptance of these terms and conditions.
3. Offers and registration
Registration for a training course involves signing a training contract (for individuals) or agreement (for legal entities). The order becomes final on receipt of the signed contract and/or order form. Registration becomes effective on receipt of the signed registration form and payment of the registration fee, or of any document certifying that a third-party financer is covering the cost.
All registrations are subject to written confirmation from the organization, sent by e-mail, specifying the content, dates, location and methods of execution.
Registrations are processed on a first-come, first-served basis, subject to availability. Final confirmation will be sent by e-mail.
In the event of a full session, the organization will immediately inform the customer and, if possible, offer to reschedule the session for a later date.
Any training order implies that the customer accepts the training program.
The learner undertakes to complete the entire course, except in cases of force majeure.
4. Terms of payment and financing
Training prices are quoted in euros, exclusive of tax, and are subject to the VAT rate in force on the day of invoicing. Payment is made by bank transfer in accordance with the terms specified in the training estimate or contractual document. Unless otherwise specified, a deposit of 30 % may be requested at the time of order, the balance being due at the end of the training course.
For courses held abroad, payments must be made in euros, unless otherwise agreed. Bank charges for international transactions are at the customer's expense.
Any course begun is considered due in full.
Food, transport and accommodation costs are not included.
5. Payment by an OPCO
In the event that a funding body (OPCO, CPF, etc.) is responsible for paying for a course, it is the customer's responsibility to take the necessary steps before the start of the course. Failing this, he/she remains personally liable for the full amount.
In the event of partial payment, the balance is payable by the customer. In the event of non-payment by the funding body, the customer will be invoiced directly.
6. Invitations
The organization cannot be held responsible for non-receipt of the invitation, regardless of who it is sent to at the customer's premises, particularly in the event of absence of the trainee(s) from the course. In case of doubt, it is the customer's responsibility to ensure that his trainees are registered and present at the training session.
7. Cancellation or postponement conditions
All cancellations must be notified by the customer and confirmed in writing. In the event of cancellation by the customer, the following charges apply:
- More than 30 days before the course: no charge.
- Between 15 and 30 days: 30 % of total cost.
- Less than 15 days: 70 % of total cost.
- In the event of the participant's absence: 100 % of the total cost.
Any request for postponement must be made in writing and confirmed by the organization. In the event of postponement at the customer's initiative, cancellation charges may apply if the new date is not agreed within 30 days.
In the event of force majeure or if the organization has to cancel the course, it will be postponed to a mutually agreed date, at no cost to the customer. The organization reserves the right to cancel any training course in the event of a lack of participants, or technical or logistical problems, without compensation. In such cases, learners will be notified at least 30 days before the start of the course. New dates or sites will be proposed to learners, and a new order will be placed.
8. Confidentiality and Data Security
Given the sensitivity of the subjects covered, the organization and learners undertake to preserve the confidentiality of mutually shared information. The data collected is processed in compliance with the RGPD and used solely for the management of training courses.
Trainers and learners are bound by a specific confidentiality agreement.
The organization implements technical and organizational measures to guarantee data security.
For training courses carried out with foreign partners or participants, the data are as follows
may be transferred outside the European Union, in compliance with applicable legal guarantees.
9. Intellectual Property
All teaching aids provided during training courses remain the exclusive property of the training organization. They may not be reproduced, distributed or used without written authorization.
The use of documents handed out during courses is subject to Articles 40 and 41 of the Law of March 11, 1957: «Any presentation or reproduction in whole or in part made without the consent of the author or his successors in title or assigns is unlawful». Article 41 of the same law authorizes only «copies or reproductions strictly reserved for the private use of the copier and not intended for collective use» and «analyses and short quotations, provided that the name of the author and the source are clearly indicated». Any representation or reproduction by any means whatsoever that does not comply with current legislation constitutes an infringement punishable under Articles 425 and 429 of the French Penal Code.
Participants are therefore prohibited from recording, reproducing, modifying, publishing, transmitting, distorting (in whole or in part) or sharing training sessions, whether face-to-face or online. Any unauthorized use exposes the offender to civil and criminal prosecution.
The customer undertakes not to use the content of the training courses to train anyone other than his own staff, and will be held liable under Articles L. 122-4 and L.335-2 et seq. of the French Intellectual Property Code in the event of unauthorized transfer or communication of the content.
10. Liability
The organization makes every effort to ensure the quality of its training courses. It cannot be held responsible in the event of force majeure, external disruption, technical failure or if the training objectives are not achieved for reasons specific to the participant.
Whatever the type of service, the organization's liability is expressly limited to
compensation for direct damage proven by the customer. Its liability is limited to the amount of the price paid by the customer for the service in question. Under no circumstances may the organization be held liable for indirect damage such as loss of data or files, operating loss, commercial loss, loss of earnings, damage to image or reputation.
In the event of material damage caused by a participant, the latter is financially liable.
The organization cannot be held responsible for any personal items lost or stolen during your stay.
training.
11. Accessibility and adaptation
The training organization strives to make its courses accessible to people with disabilities. Any specific request must be communicated at the time of registration, so that the necessary adaptations can be made.
12. Force majeure
Articles 1217 and 1218 of the French Civil Code define force majeure.
In addition to those usually recognized by the jurisprudence of French courts and tribunals, and without this list being restrictive, the following are considered cases of force majeure or fortuitous event: illness or accident of a trainer, strikes or industrial disputes internal or external to OBSAM Académie, natural disasters, fires, failure to obtain visas, work permits or other permits, laws or regulations subsequently put in place, interruption of telecommunications, interruption of energy supply, interruption of communications or transport of any kind, or any other circumstance beyond the reasonable control of the Organism.
13. Disputes and Applicable Law
These terms and conditions are governed by French law. Any dispute will be submitted to the competent court of the organization's registered office, after an attempt at amicable resolution.
For training provided abroad, disputes will be subject to French law, unless otherwise agreed between the parties.
14. Non-solicitation
The customer or learner undertakes not to solicit for recruitment purposes and/or recruit, directly or indirectly, the trainer providing the service or any other person from the organization with whom he/she may have been in contact during his/her training. This commitment is valid
during the 12 months following the end of the training course.
15. Acceptance of Conditions
Signing the proposal implies the customer's knowledge and irrevocable, unreserved acceptance of these conditions, which may be modified by OBSAM Académie, without prior notice, and without this modification entitling the customer to any compensation. These conditions prevail over any other document, unless expressly agreed otherwise in writing between the parties.
16. General Data Protection Regulation
The French Data Protection Act no. 78-17 of January 6, 1978, reinforced by European Regulation 2016/679 on the protection of individuals with regard to the processing of personal data published in the Official Journal of the European Union on May 4, 2016, imposes an obligation of transparency with regard to the collection of personal data.
Personal data processed internally is used strictly for the execution and follow-up of the customer's request by the OBSAM Académie departments in charge of processing. They are necessary for the execution of this service. This data includes the surname, first name, job title and professional and/or personal contact details of our Customers and Prospects, who may be legal entities or individuals.
OBSAM Académie has appointed a Data Protection Officer, set up a Data Processing Register and regularly checks its IT security systems.
OBSAM Académie undertakes to process data solely for the purposes set out above, to guarantee the confidentiality of the personal data processed and to destroy the data once it has been processed.
All requests to exercise rights of access, rectification, deletion, opposition, limitation of processing and data portability must be made by e-mail to academie@obsam.com.
17. Final provisions
If any clause of these GTC is found to be invalid by a court of competent jurisdiction, the remaining clauses shall remain valid. Any modification of the general terms and conditions must be agreed in writing between the parties.
These terms and conditions are updated regularly to take account of legal developments and the organization's practices. In the event of any discrepancy between the French version of the GCS and a translated version, the French version shall prevail.
These General Terms and Conditions of Sale were updated on July 29, 2025.