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General Terms and Conditions of Sales
Services Provision, coaching in immersion abroad
This document is a translation, summing up DRAGONFLYTHEWORLD’s general terms and conditions of sales.
This document and all the online documents written in english are only the translation of the french version. It is only translated for the clients information. All the prices will be given in euros and can be converted. The documents are translated as good as possible. As a translation, some words might slighly have a different meaning. The client should ask the company if he has got any doubt to make it clear.
Article 1: general terms and conditions
Every order connotes the full subscription to these conditions of sales. The fact that the provider doesn’t apply a stipulation in their favour doesn’t mean a understanding as a renunciation to it. The terms and conditions of sales apply to all the sales made through the companies website, that is part of the contract between the service provider and client. The provider can modify at any time and update their website. The applicable gerneral terms and conditions of sales are the ones at the date of the payment ( or if there are several payments, at the first one)
The general terms and conditions of sales can be viewed on the companies website : www.dragonflytheworld.com
Article 2 : Description of the service
The provider advises the client about the immersion in one of the country suggested, guide and help them in their process in order to optimise their chances of success.
According to the type of quote, the provider can advise the client not to go to a country, regardless of their profile and budget. Or to charge their provision.
The services can be purchased as a package or individually .
The choosen service is written on the quote and the mission letter if there is one. The provider isn’t a travel agent, they cannot process any bookings. This is the sole duty of the client. Every booking needs to be made by the client at their charge ( accomodation, transportation…) if needed, the provider can suggest appropriate professionals to the client to book for them. If a pre-insertion departure is planned, every personnal spend is at the client charge too.
Article 3 : Estimates and orders
The providers is only working on the client’s demand, giving to them an estimate. If the estimate requires a deep analyst, they can be charged. A deposit will be payed. (deposits will based on French conditions)
The estimate shows the eventual due-dates or discounts.
Regarding the type of provision, a lettter of mission will evaluate to written contract.
Article 4 : Price
Prices and services are detailed in quotes or contracts, accepted by the client. They are calculated in euros (€) ,and can be converted in to the client’s countries currency.
The VAT isnt applicable, regarging the article 293B of the french tax code.
Prices can be calculated by hour, day or package.
Both parties agree the total of payment. This equals to the final acceptation of the provision. The price can never be renegotiated on presentation completion.
Article 5: Terms of payment
The payment needs to be done immediately on order. The payment can be made by cash, or bank transfer or paypal.
Article 6 : delay of payment
Every delay or fault of payment will engender:
• Immediate eligibility of all payments due
• The count and payment of a late penalty as an interest equaling 3 times the legal interest rate.
This penalty is calculated on the tax free outstanding amount - starting from the date of payment written on invoice.
The total payment, without any reminder being necessary. This rate is calculated regarding total proportion.
• The right for the provider to cancel the execution of the current provision and cancel all new orders.
Article 7: duration and resilitation of the contract
The duration of the service is defined on the quote or the letter of mission worth in contract. The time limits given are indicative times. A delay from the provider doesn’t allow the client to cancel or refuse the services.
The contract can be broken from both parties after sufficient notice is given. If either party fails to fulfill the obligations written in the present conditions of sales.
The notice will have to be given in a reasonable time limit. The party who does not fullfill their obligations would have to remediate their contractual obligations.
If the contract is finished or broken:
• The contract of provision of service will end automatically at the corresponding date
• The provider will be unbound from any of their obligations in the general terms and conditions of service toward the client.
• If the client cancels the provision, the provision of services done, will be due to be paid, until the date of cancellation.
Article 8: obligations and confidentialities:
The provider commits to:
• Give a letter of mission to client summing up the provision of service. This includes a departure abroad.
• Work with care, as a personnal coach and advisor
• Respect the strict confidentiality regarding all the informations the client will bring and define it.
• The provider has a best effort obligation and not an obligation to get result. It’s an obligation to do the best to help the client to immerse in a country - But! there is no way they can be held responsible for the commercial traveling into countries.
The client commits to:
• All the useful informations to the service provision
• Not to use, for any other person or company, directly or indirectly, all or a part of the informations given by the provider, without any limit of time.
• Pay the provision of service as written in the estimate , when it is signed and the words: “signed and agreed” are written
• Use these informations just regarding the provision of service
If the client doesn’t give the informations asked on time and do not collaborate with the provider, the provider can let the client know that the time limit and the terms planned to the provision of service can t be followed.
Article 9: Transfer of Property
The services, products and guidance are the property of the company until the full payment of the quote is made.
Article 10: Act of God
None of the parties can be responsible for a delay or non compliance of obligations, if this delay or malfunction is because of an act of god, definied as it in the french jurisprudence. Each party will have to prove it by recorded delivery and prove within 5 open days, the occurrence of a act of god affecting their obligations.
Article 11: responsibility
As explained in the article 8, considering the kind of service, the obligation of the provider is not an obligation of result. Their responsibility can’t be engaged for:
• A mistake due to a lack of information or wrong informations given by the client
• A delay from the client that will cause draw away the time due planned or written in french law.
• The lack of result regarding the insertion of chosen country
• Any material or indirect non-material damage, corporal or non-corporal a client may incur during the transportation of goods or during their stay in a country.
The responsibility of the provider, if it is proved, will be limited to half of the amount of what the client paid in total for the service, at the end of the claims, by delivery letter
Article 12: period of retractation
As defined in article L.121-21 the french consumer code ( code de la consommation), the client has got a 14 day period of retraction. Accepting and signing these general terms and conditions of sales, the client renounce their period of retraction of provision and is given and ended before the 14 days.
Article 13: applicable law
These generals terms and conditions of sales signed between the provider and the client, and the contracts are guided-by the french law. If a resolution can not be found, the litigations will be submited to Arras court ( Pas de calais department 62 ).
The english language is used for the client’s information. The french law is the only one applicable.
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