General terms & conditions for the provision of services
The purpose of these general conditions is to define the rights and obligations of the parties concerning registration for COACHING, TRAINING or OTHER SESSIONS AND WORKSHOPS, online or in person, organised by SICLAVY SARL-S hereinafter referred to as SICLAVY. By completing online and/or sending the registration form to a TRAINING session, the PARTICIPANT acknowledges having read and accepted without reservation the content and application of these general conditions, the TRAINING regulations. The general or special conditions of the participant will never apply unless expressly agreed in writing and in advance by SICLAVY SARL-S (VAT: LU32580363; RCS: B248942; Authorisation: 10122212/1) established at 21, rue Glesener in L-1631 Luxembourg.
Content: The website www.siclavy.com belongs to the company SICLAVY SARL-S.
Publication Director and Editor: Viviana SICLARI
Website: property of SICLAVY SARL-S.
Director: Viviana SICLARI
Accommodation : ALLSET GIE, 62 rue de la montagne, L-2162 Luxembourg
Copyright – Intellectual property.
This entire site is a creative work protected by intellectual property law. No modification of all or part of the content is permitted. The reproduction as well as all the use of the content of the site is prohibited except for individual and private consultation.
“Contract”: All documents binding the PARTICIPANT to SICLAVY: these general conditions, the registration file, the TRAINING regulations.
“Training”: Any type of short or long term education, organized by SICLAVY during the day, in the evening or at weekends.
“Offer”: refers to the service offer that has been ordered by the customer.
“Services”: refers to all services, whether paid or free, available to customers.
“PARTICIPANT”: Any natural or legal person who has completed and sent an admission file, and who therefore accepts the content and application of these general conditions.
GENERAL CONDITIONS OF USE AND SALES
1. SERVICE REGISTRATIONS
1.1 The parties are only contractually bound after SICLAVY has accepted the PARTICIPANT’s registration file and has paid the amount of the training.
1.2 The PARTICIPANT may under no circumstances transfer all or part of the rights resulting from his registration to a third party without SICLAVY’s prior written consent.
2. PRICING AND INVOICING
2.1 The prices in force at the time SICLAVY accepts the PARTICIPANT’s registration file remain applicable throughout the duration of the TRAINING
2.2 The payment for an event or coaching service is payable via bank transfer to the bank account indicated on the invoice. The rules validate the reservation of the time slot chosen by the PARTICIPANT. In the event of validation of a written quotation issued by SICLAVY, all invoices issued by SICLAVY are payable in euros upon receipt of the invoice (by email, receipt of which by the Participant will be presumed on the day of sending), notwithstanding any dispute and without any compensation and/or exception of non-performance being invoked on the sums due by the PARTICIPANT. Payments must be made by the PARTICIPANT to the bank account of SICLAVY.
2.3 Bills of exchange, commercial bills and cheques are not accepted as a means of payment.
2.4 Any complaint relating to an invoice must be sent in writing to the registered office of SICLAVY, 8 (eight) calendar days after its receipt by SICLAVY. Failing this, the Participant may no longer dispute the invoice in question and it will be irrevocably accepted by the Participant.
3.1 All training courses or collective actions must be paid in full before the beginning of the session.
3.2 The prices and payment terms of the paid services are indicated at the time of ordering and are constantly accessible on the website.
3.3 By clicking on the “Order” button during the ordering process, and after having confirmed the content of his order, the customer will definitively validate it by payment. The order will only be final once the customer has paid the full amount of the corresponding price. The company will systematically confirm, in the case of an online payment, by an invoice that will be stored online on its customer account and accessible at any time.
3.4 In the event of non-payment of any amount due on the due date by the PARTICIPANT, SICLAVY reserves the right, ipso jure and without prior formal notice, to terminate the CONTRACT at the exclusive expense of the PARTICIPANT or to suspend totally or partially the performance of any obligation arising from the CONTRACT on its part, without prejudice to its right to compensation for the damage suffered.
3.5 In the absence of payment of all or part of the sums due on the due date, they shall be increased, ipso jure and without prior formal notice, by a fixed compensation fixed at 15% of the amount due in principal as a penalty clause with a minimum of € 100 (one hundred).
3.6 Invoices, following acceptance of a quotation, are payable within 10 days of receipt of the invoice and in the invoicing currency at SICLAVY’s registered office, Banque BGL IBAN: LU92 0030 1212 2509 0000 BIC: BGLLLULL).
3.7 Without prejudice to Article 5.5 in particular, any invoice that remains unpaid 2 months after the due date shall automatically and without formal notice produce interest of 12% per year in addition to a penalty clause equal to 15% of the amount due, without prejudice to any other damages if applicable.
4. CANCELLATION, DATE AND CONFERENCE CHANGES FOLLOWING A VALID QUOTE.
4.1 CANCELLATION BY THE SEMINAR or TRAINING PARTICIPANT(s) within 15 working days before the start date of the TRAINING or seminar, no amount will be due by the PARTICIPANT;
4.1.2 If the cancellation is notified to SICLAVY between 11 and 15 working days before the start date of the TRAINING or seminar, 25% of the registration fee will be due by the PARTICIPANT;
4.1.3 If the cancellation is brought to SICLAVY’s attention between 6 and 10 working days before the start date of the TRAINING or seminar, 50% of the registration fee will be due by the PARTICIPANT;
4.1.4 Any other cancellations at the PARTICIPANT’s initiative (even due to illness or force majeure) will not give rise to any refund.
4.2 CANCELLATION BY SICLAVY.
4.2.1 In the event of force majeure or lack of sufficient registration for a TRAINING, SICLAVY shall have the right to cancel a TRAINING or change its dates.
18.104.22.168 In the event that a speaker is unable to attend due to illness or any other reason, SICLAVY shall have the right to change the speaker without notice or to postpone the speaker’s intervention and to set a new date for his conference.
4.2.3 In the event of cancellation of a TRAINING, the PARTICIPANT will be reimbursed in full for the sums he has already paid to SICLAVY.
4.2.4 In the event of a change in the dates of the TRAINING, the PARTICIPANT shall have the right to ask SICLAVY for a refund and cancellation of his registration. This request must be brought to SICLAVY’s attention in writing within 5 working days following the date on which SICLAVY notifies the PARTICIPANT of the change of dates (the related email will be deemed to have been received on the date the latter sends it). If the PARTICIPANT does not react within this period, his registration will be considered as confirmed for the new dates.
4.2.5 In the event of a change of speaker and/or setting a new conference date, the PARTICIPANT shall not be entitled to any reimbursement from SICLAVY.
5. CANCELLATION, AND CHANGE OF DATE OF AN APPOINTMENT IN PERSON OR E-COACHING.
Any order placed by the customer is final and will not be refunded. Any scheduled session may be rescheduled to a later date or time no later than 24 hours before the beginning of the session. After this period, the session can no longer be cancelled or rescheduled and will be considered as validated.
6.1 COMPANY LIABILITY
6.1.1 SICLAVY is not bound by any obligation of result. The PARTICIPANT is responsible for the results obtained during the training and coaching sessions.
6.1.2 SICLAVY undertakes to provide the services referred to in the Paid Services subscribed to by the Customer in accordance with the terms and conditions described in the order.
6.1.3 SICLAVY’s liability shall not be held liable for any failure related to the misuse of the website and services by the customer, and to the failure of the customer’s computer equipment essential for the connection or to a case of force majeure.
6.1.4 SICLAVY’s liability in the event of failure of the services is limited to the direct and certain damage suffered by the customer and related to the failure in question. The company cannot be held liable for indirect damages such as, loss of data, commercial damages, loss of orders, brand damage.
6.2 CUSTOMER RESPONSIBILITY:
6.2.1 The Customer must have the skills, hardware and software required for the use of the Internet, or where applicable, Internet services and acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of Internet data transmissions.
6.2.2 The company is not responsible for any failure to operate, impossibility of access, or poor conditions of use of the site due to unsuitable equipment, internal malfunctions of the customer’s access provider, congestion of the Internet network, and any other reasons outside the company having the nature of a case of force majeure.
6.2.3 In the event that the company’s liability is sought for a breach by the customer of its obligations under the law and the general terms and conditions of sale, the latter undertakes to guarantee the company against any conviction handed down.
7. PRIVACY AND CONFIDENTIALITY
7.1 SICLAVY ensures its missions in complete confidentiality and respect for the privacy of each person.
7.2 The personal data of the PARTICIPANTS that have been communicated by them to SICLAVY are intended exclusively for the internal use of SICLAVY and for the management of its TRAINING. The PARTICIPANTS have a right of access to this data and, if necessary, a right to rectify it as provided for by law.
7.3 The PARTICIPANTS expressly authorize SICLAVY to use their name and contact information in connection with the promotion of any present and future TRAINING organized by it.
8. INTELLECTUAL PROPERTY
All intellectual property rights, including copyright, relating to documents given to PARTICIPANTS in the context of TRAINING remain the property of SICLAVY. The PARTICIPANT may not register, register, reproduce, broadcast, sell, distribute, adapt, or transfer, directly or indirectly, without the prior written consent of SICLAVY and/or the person directly concerned, any intellectual property right whatsoever, including copyright and related rights protected by the law of 18 April 2001, relating to documents provided to it in the context of TRAINING, seminars and conferences.
9. SAFEGUARD CLAUSE
9.1 The invalidity or unenforceability of any of the provisions or clauses of the AGREEMENT between the PARTICIPANT and SICLAVY (which includes these general terms and conditions) shall not affect the validity of the other provisions or clauses of the AGREEMENT which remain fully valid.
9.2 The parties agree to endeavour to replace by mutual agreement the invalid or unenforceable provision or clause by a valid and enforceable clause whose effect is as far as possible identical to that provided for by the provision or clause in dispute. The obligations of the parties arising from a provision or clause that is null or unenforceable shall be suspended until it is replaced in the AGREEMENT.
10. APPLICABLE LAW
SICLAVY’s contractual relations with the PARTICIPANT are governed by Luxembourg law to the exclusion of any other law.
If any provision of these Terms and Conditions, or its application to any person or legal entity or situation, is found to be invalid, the remainder of the Terms and Conditions, or the application of the provision to other persons or legal entities or situations, shall not be affected.
Any dispute directly or indirectly relating to SICLAVY’s contractual relations with the PARTICIPANT.
These general terms and conditions for the provision of services were last updated on 12 October 2021.