Terms of Sale

Article 1 — Purpose and scope

These general terms of sale (the “Terms of Sale”) govern every order placed on the FormaSkills Academy platform, available at formaskills.academy and through its applications (the “Platform”): online courses sold individually, bundles, learning paths, subscriptions, live sessions, exams and certifications, and offers for organisations.

They supplement the Terms of Use, the Privacy Policy and the Refund Policy, which form an integral part of them. Offers for organisations may be supplemented by specific terms, which prevail in the event of conflict.

Every order requires the prior and unreserved acceptance of the Terms of Sale in force on the date of the order, given by ticking a box before payment. The accepted version is stored with the order.

Article 2 — Seller identification

The Platform is published and operated by FormaSkills Academy, whose company name, legal form, registered office, tax identifier and contact details are given in the legal notice.

The Platform is a marketplace: a course is sold either by FormaSkills Academy when it publishes the course itself, or by the instructor who published it (the “Instructor”). The seller is shown on the offer page, in the cart, in the order summary and on the invoice. When the seller is an Instructor, FormaSkills Academy acts as a payment collection agent: it receives the price in the name and on behalf of the Instructor, issues the commercial documents and pays the Instructor the amounts due after deducting its commission. Payment to FormaSkills Academy discharges the buyer’s obligation towards the Instructor.

Article 3 — Definitions

• Buyer: any person placing an order on the Platform, whether acting as a consumer (for non-professional purposes) or as a professional.
• Learner: the person taking the course; this may be the Buyer or a member of a client organisation.
• Digital content: courses, videos, materials, quizzes, exams and resources supplied in digital form.
• Account: the personal area created by the Buyer, required to order and access content.

Article 4 — Offers and main characteristics

• Individual course: access to a course for the period stated on its page (unlimited access or access limited to a number of days).
• Bundles and learning paths: sets of courses sold at an overall price; the saving compared with separate purchases is displayed.
• Subscription: access, for the duration of the subscription, to the catalogue scope and services described on the “Subscriptions” page for the chosen plan.
• Live session: virtual class or in-person session with a set date, time and capacity.
• Exams and certifications: assessments governed by the exam rules; a certificate is issued subject to the pass conditions stated on the page.

Before ordering, the offer page presents its main characteristics: content and syllabus, estimated duration, level and prerequisites, language, assessment methods, any certificate, access period and price. The Buyer is invited to read them carefully. Courses aim to develop knowledge and skills; no professional outcome, external exam result or employment is guaranteed.

Article 5 — Account

Ordering requires an Account opened with accurate information. The Buyer is responsible for keeping their credentials confidential. Access to content is strictly personal: sharing an Account, reselling access or making it available to third parties is prohibited and may lead to suspension of access under the Terms of Use.

Article 6 — Prices, currencies and taxes

Prices are shown in the currency chosen by the Buyer among those offered by the Platform (including Tunisian dinar, euro, US dollar and Algerian dinar). A price may be set specifically for a currency; otherwise it is converted at the rate applied by the Platform and rounded. The currency and the amount finally charged are shown before the payment is confirmed.

For consumers, prices include all taxes. Applicable taxes (in particular value added tax) are determined under the regulations in force and, where relevant, according to the Buyer’s country of residence; their amount appears in the order summary and on the invoice. For a duly identified business buyer, the sale may be invoiced exclusive of tax where the regulations so provide.

Prices may change at any time; the applicable price is the one displayed when the order is confirmed. When a price is reduced, the struck-through reference price is the lowest price applied during the thirty days before the reduction. Promotional codes are subject to their own conditions (validity, minimum amount, eligible offers) and cannot be combined unless stated otherwise.

Article 7 — Ordering

An order follows these steps: selection of offers, review of the cart, detailed summary showing the total price and taxes, express acceptance of the Terms of Sale, choice of payment method and payment. Before confirming, the Buyer can check and correct the order. The payment button clearly states that the order entails an obligation to pay.

The sale is concluded when payment is confirmed or, for deferred payments (bank transfer, cash), when the funds are actually received. An acknowledgement is sent by email; the order and invoice remain available in the personal area. FormaSkills Academy may refuse or cancel an order in the event of a previous payment dispute, suspected fraud or an abnormal request.

Article 8 — Payment

• Online payment: by bank card or e-wallet, through licensed payment providers (including Konnect, Flouci, PayPal or Stripe depending on the currency and country). Payment data is processed exclusively by these providers; FormaSkills Academy does not store full card data.
• Bank transfer: the order is recorded as pending and access is opened once the funds have been received and reconciled. The order reference must appear on the transfer.
• Cash at an approved payment point: where offered, the order is reserved for a limited time and then expires if not paid; a numbered receipt is issued.
• Payment in instalments: where offered, the schedule is shown before confirmation; each instalment is due on its date.

The methods offered may vary with the currency, country, amount and offer. Any unpaid, rejected or unjustifiably disputed payment leads to suspension of access to the content concerned until the situation is regularised, without prejudice to the amounts still due.

Article 9 — Invoicing

An invoice is issued for every paid order. It states the seller’s identity, the details of the offers, the taxable base, the tax rate and amount and, where applicable, a statement that payment is collected on behalf of a third party. Any refund gives rise to a credit note linked to the original invoice. Invoices and credit notes can be downloaded from the personal area.

Article 10 — Access to content

Access is opened in the Account as soon as payment is confirmed, for the period stated on the offer page (or for the duration of the subscription). The Platform is available continuously, except for interruptions required for maintenance, updates or in cases of force majeure; FormaSkills Academy endeavours to limit and announce them. A course may be updated by its author; when a purchased course is withdrawn from the catalogue, the Buyer keeps access for the period acquired, unless the withdrawal is required by law or a court decision.

Article 11 — Subscriptions

A subscription is taken out for the chosen period (monthly, quarterly, annual or any other period displayed). Depending on the plan and the payment method, it renews automatically at the end of the period for an identical period at the price in force on the renewal date, or must be renewed manually; the applicable mode is stated before subscribing. The Subscriber is notified before each automatic renewal.

The Subscriber may turn off renewal at any time from their personal area; the subscription then remains active until the end of the current period, with no refund for the period already started unless the law provides otherwise or as a commercial gesture. Where a plan includes a trial period, its length and conditions are stated before subscribing; only one trial period is granted per person.

Content available through a subscription remains accessible while the subscription is active; progress, grades and certificates obtained are kept. A change of plan takes effect as displayed at the time of the change (immediately with a prorated adjustment, or at the end of the period).

Article 12 — Live sessions

Registration for a live session is confirmed subject to available places. If the organiser cancels or postpones the session, the Learner is offered another date or a refund of the session. A Learner’s absence does not give rise to a refund, unless more favourable terms are stated on the offer page or in the Refund Policy. When a session is recorded, the recording is made available under the stated conditions.

Article 13 — Right of withdrawal

Consumers resident in the European Union. Consumers have fourteen days from the conclusion of the contract to withdraw, without giving any reason or bearing costs other than those provided for by law. However, under the rules applicable to digital content not supplied on a tangible medium, the right of withdrawal can no longer be exercised once performance has begun with the consumer’s prior express consent and acknowledgement that they thereby lose their right of withdrawal. This consent and acknowledgement are collected at payment; accessing the content constitutes the start of performance. For a service (live session) whose performance begins, at the consumer’s request, during the withdrawal period, the amount corresponding to the service already provided remains payable.

Consumers resident in Tunisia. Consumers benefit from the right of withdrawal provided by Law No. 2000-83 of 9 August 2000 on electronic exchanges and commerce, under the conditions and subject to the exceptions it sets out, in particular where the service has been provided or the digital content made available with the consumer’s consent before the period expires.

Other countries. Consumers benefit from the rights granted to them by the mandatory provisions of the law of their country of residence.

Withdrawal may be notified by any unambiguous means, in particular from the personal area (“My orders”) or through the contact form. The refund is made within fourteen days of the notification, using the same payment method as for the order unless otherwise agreed; access to the content concerned ends on the same date.

Article 14 — Refunds and satisfaction guarantee

Independently of the right of withdrawal, FormaSkills Academy may grant a refund under the conditions of its Refund Policy (time limit, share of the content viewed, number of requests). Any refund ends access to the content concerned and cancels any certificates obtained through it. Abusive or repeated refund requests may be refused.

Article 15 — Certificates

A certificate is issued when the pass conditions stated on the offer page are met. It attests completion and, where applicable, success in the assessment on the Platform; it is not a state diploma or a regulated professional certification unless expressly stated. Its authenticity can be verified online. A certificate obtained through fraud or in breach of the exam rules may be revoked.

Article 16 — Intellectual property and use of content

Content remains the property of its authors or of FormaSkills Academy. A purchase grants the Learner a personal, non-exclusive, non-assignable and non-transferable right of use, limited to the access period and to training purposes. In particular, copying, unauthorised downloading, recording, distributing, reselling or making content available, and circumventing technical protection measures are prohibited. Any breach may lead to suspension of access without refund and may give rise to the liability of the person responsible.

Article 17 — Liability

FormaSkills Academy has a best-efforts obligation regarding the availability of the Platform and the supply of content. When an Instructor is the seller, the Instructor is responsible for the content of the course and its conformity with its description; FormaSkills Academy helps resolve complaints. FormaSkills Academy cannot be held liable for misuse of the Platform, incompatibility of the Buyer’s equipment, failure of the Internet network or force majeure. Nothing in these terms limits the rights consumers hold under mandatory legal provisions, in particular regarding the conformity of digital content.

Article 18 — Force majeure

Neither party may be held liable for a failure resulting from an event of force majeure as defined by applicable law and case law. The obligations concerned are suspended for the duration of the event.

Article 19 — Personal data

The data collected when ordering is necessary to process the order, invoice it, provide access to content and meet legal obligations. It is processed in accordance with the Privacy Policy, in compliance with Tunisian Organic Law No. 2004-63 of 27 July 2004 and, for persons located in the European Union, Regulation (EU) 2016/679. The Buyer has, in particular, rights of access, rectification, erasure, objection and portability, which can be exercised from the personal area or through the contact form.

Article 20 — Customer service and complaints

For any question or complaint about an order, the Buyer can write to customer service through the contact form or from their personal area. FormaSkills Academy undertakes to acknowledge the complaint promptly and to answer within a reasonable time. In the event of a dispute, the parties will first seek an amicable solution. Consumers may also use, free of charge, a consumer mediator or any alternative dispute resolution method provided for by the law of their country of residence.

Article 21 — Governing law and jurisdiction

These Terms of Sale are governed by Tunisian law. Failing an amicable solution, any dispute falls within the jurisdiction of the competent courts of Tunis. However, consumers resident in another country retain the benefit of the mandatory provisions of the law of their country of residence and may bring proceedings before the courts designated by that law.

Article 22 — Changes to the Terms of Sale

FormaSkills Academy may amend these Terms of Sale. Each version is dated, numbered and archived; the version applicable to an order is the one accepted when that order was placed. For ongoing subscriptions, any substantial change is brought to the Subscriber’s attention before it takes effect; a Subscriber who refuses it may turn off the renewal of their subscription.

If any provision of these Terms of Sale is declared void or unenforceable, the other provisions remain in full force.