Purpose and Scope

Following the order of a training, the Client accepts without reserve these general terms and conditions of sale which prevail over any other document of the buyer, especially its general terms and conditions of purchase.

Contractual Documents

At the Client’s request, BATHYSMED® sends them in duplicate a continuing professional training agreement as provided by law. The client engages BATHYSMED® by promptly returning a signed copy. For trainings, an invoice for the entire service is sent upon order placement, following the client’s return of the registration file. Registration is definitively validated when the signed training agreement on the 3 pages and a deposit check (or down payment if the training is funded by an organization) corresponding to the amounts stipulated on the registration file have been received by Bathysmed®. BATHYSMED® agrees with the Client on the locations, dates, and times of the training sessions. At the end of this training, a attendance certificate is sent to the Client as well as to their Training department (if needed).

Price, Invoicing, and Payment

All our prices are indicated including taxes. In the event that the client is subject to VAT, the invoice sent to them will mention the net amount as well as the applicable taxes. Once the deposit (or down payment) is paid upon registration, the balance must be settled (or a check for the balance amount must be deposited with Bathysmed® if it is funded by an organization) to BATHYSMED® no later than the first day of the service. BATHYSMED® expressly reserves the right not to deliver the service to the client until the entire service has been paid for under the conditions mentioned above. In case of non-payment of a due invoice, after a formal notice has remained ineffective for 8 working days, BATHYSMED® reserves the right to suspend any ongoing and/or future training.

Payment by an OPCA

In the event of payment for the service covered by the Accredited Joint Collection Organization it depends on, it is the Client’s responsibility to:

– request coverage before the start of the training and ensure acceptance of their request;
– explicitly indicate it on the agreement and attach a copy of the coverage approval to BATHYSMED®;
– ensure successful payment by the designated organization.

In the event of partial payment of the training amount by the OPCA, the balance will be invoiced to the Client. If BATHYSMED® has not received the OPCA’s coverage within 60 days following the end of the service, the Client will be invoiced the entire cost of the training and must settle the outstanding balance within eight days. In case the funding organization pays after the mentioned deadlines, the refund of the overpaid amount by BATHYSMED® will be made upon written request from the Client accompanied by a bank identity statement.

Late Payment Penalties

In case of late payment, according to article L 441-6 of the Commercial Code, an indemnity calculated on the basis of three times the legal interest rate in force and a lump sum indemnity for collection costs of 40 euros will be due. These penalties are due automatically, upon receipt of the notice informing the Client that they have been debited.

Order Refusal

In the event that a Client registers for a BATHYSMED® training without having paid for previous trainings, BATHYSMED® may refuse to honor the order and deny their participation in the training, without the Client being entitled to any compensation, for any reason whatsoever.

Withdrawal Period

The date of signing the training agreement must be effective 30 days before the start of the training action. The trainee then has a period of 10 days to withdraw. They inform the training organization by registered letter with acknowledgment of receipt. In this case, no amount can be demanded from the trainee, and Bathysmed® will refund the deposit received if it has indeed been paid.

Cancellation and Postponement Conditions of the Training Action

In the event of cancellation of the training action by Bathysmed® due to lack of candidates or any other reasons, the amounts paid by the trainee will be fully refunded to them.
In the event of cancellation or abandonment of the training by the trainee for duly recognized force majeure, this contract is terminated according to the following terms:

– The provided services remain due at the rate of 440€ per day of training completed. Any day started is due. The remainder of the balance will be fully refunded to the trainee.

If the trainee is prevented from attending the training or part of the training for reasons other than duly recognized force majeure, the professional training contract is suspended. In this case, the entire training amount remains due.
In all cases, it will still be possible for the trainee to retain the benefit of the validated modules and to represent themselves at a later session, subject to the balance due to the contract rupture.

In case of subrogation, the Client undertakes to pay the amounts not covered by the OPCA.

Cancellation and Postponement of a Training Session

The Candidate must complete the attendance sheet proving their daily presence in the courses.
In case of absence, the candidate’s options are:
Failure to attend one or more days during the training: the candidate will not be able to complete the training and must represent themselves at another session. The completed courses remain valid for a duration of 12 months. After this 12-month period, the client must restart the training from the first day.
Failure to attend an exam: the candidate will not be able to continue the exam and must register for a later session.

License Renewal and Certification Maintenance

To maintain the validity of the Bathysmed certification obtained after the training, the trainee must acquire an annual license. Payment of this license is required to ensure continuous updating of skills and adherence to professional standards established by Bathysmed.
Nature and Cost of the License: The annual license entitles the trainee to maintain their status as a certified Bathysmed diving instructor and to access professional resources and updates provided by Bathysmed. The cost of the license is subject to annual revision by Bathysmed and may vary from year to year. The current amount of the license will be communicated to the trainee before the renewal date.
Renewal Period and Payment: The license renewal must be done every year on the anniversary date of the initial certification. Payment must be made before this date to avoid interruption of certification status. In case of late payment, the trainee’s certification may be suspended until the situation is regularized.
Consequences of Non-Renewal: In case of non-renewal of the license, the trainee’s status as a certified Bathysmed diving instructor will be considered inactive, and they will no longer be authorized to perform activities related to this certification. To reactivate the certification, the trainee must pay the overdue license fees and possibly undergo a skills update, according to Bathysmed’s requirements at that time.
Notification and Communication: Bathysmed undertakes to notify the trainee of the approaching renewal date and the amount of the license at least 30 days before the deadline. This communication will be made by email or any other means deemed appropriate by Bathysmed.

Computer and Freedom

The personal information communicated by the Client to BATHYSMED® in the application and execution of the training may be communicated to BATHYSMED®’s contractual partners for the sole purpose of said courses. The Client may exercise their right of access, rectification, and opposition in accordance with the provisions of the law of January 6, 1978.

Applicable Law

French law applies to these General Terms of Sale and the contractual relationships between BATHYSMED® and its Clients. Any disputes that cannot be settled amicably will be under the EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF GUADELOUPE, regardless of the client’s seat or residence, notwithstanding plurality of defendants or third-party proceedings. This jurisdictional clause will not apply in the event of a dispute with a non-professional Client for whom the legal rules of material and geographical competence will apply. This clause is stipulated in the interest of BATHYSMED® which reserves the right to waive it if it so wishes.

Domicile Election

The domicile election is made by BATHYSMED® at its registered office at: Birloton Pigeon 97125 BOUILLANTE

Ownership, Trademark, and Copyright

The Bathysmed® brand is a registered trademark. Any use of the Bathysmed® brand is subject to trademark law. Bathysmed® holds the rights to use and exploit all educational materials presented during the training, especially the training booklet. Any reproduction, representation, modification, publication, adaptation of all or part of the educational materials provided by any means or process is prohibited, unless prior written authorization from Bathysmed®. Any unauthorized exploitation of training materials and educational elements will be considered as constituting infringement and prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.