Article 1 – Purpose
The general terms and conditions of sale govern the contractual relationship between the service provider, Vincent Bernaudeau, registered under Siret number 80486794300024, and his client, via the website www.francearchivesexplore.fr, the main purpose of which is to provide advice and assistance in historical research, including the taking of photographs of historical documents.
The general terms and conditions of sale are expressly approved and accepted by the client, who declares and acknowledges having perfect knowledge of them, and thus waives the right to take advantage of any contradictory document, and in particular his own general terms and conditions of purchase, which will be unenforceable against the service provider, even if he has knowledge of them.
These general terms and conditions of sale can be consulted on the website www.francearchivesexplore.fr and are communicated to any client who requests them, to enable them to place an order with the service provider.
Article 2 – Quotation
Any request for a service entails a feasibility study by the service provider and the drawing up of a free, non-binding quote.
Each quotation shall indicate the description of the service, the rates in euros, the terms of payment, the delivery deadline, the payment deadline and the payment terms, as well as any specific conditions defined in advance, such as any additional costs (e.g. travel and/or accommodation allowances, postal charges, etc.).
The terms of the quotation are valid for thirty days from the date of transmission to the client. After this period, a new quote may be drawn up.
Article 3 – Performance of services
Order
The order for services will be considered valid in its entirety once the quotation has been returned to the service provider, dated, signed and preceded by the words “Good for agreement” apposed by the client.
Any accepted quotation shall be considered as an order for the service indicated and shall constitute a contract binding the service provider to the client.
Realization
The services are carried out remotely, preferably by e-mail, on the basis of the written elements provided by the client and on condition that the latter are sufficiently precise and explicit in their description.
The client undertakes to provide all the information necessary for the proper performance of the service within seven (7) days of contacting the service provider via the website www.francearchivesexplore.fr
On the basis of this information, the service provider will carry out a feasibility analysis and, if necessary, issue a quotation adapted to the client’s request in order to be able to respond to it as best as possible.
The work requested by the client is carried out within the timeframe set out in the estimate. This deadline is indicative and depends on the nature of the service ordered; the service provider reserves the right, after informing the client, to extend this deadline in the event of an impediment or force majeure.
The price of the service defined by the estimate previously accepted and signed by the client cannot be modified.
Article 4 – Invoicing and payment
Invoicing
An invoice will be issued for each service.
All the rates mentionned on the invoice are exclusive of tax (VAT not applicable by virtue of Article 293B of the General Tax Code).
Invoices are sent to the client by dematerialised means, unless the client expressly requests otherwise.
The rates invoiced are those in force on the day the order is registered.
Payment
The client is free to pay the amount of the service in cash, by cheque or by bank transfer. If the latter involves additional costs (e.g. related to the exchange rate or international interbank transfer, outside the European Union), these shall be borne exclusively by the client and shall not be deducted from the amount of the service invoiced.
Payment of the invoice shall be made in euros only.
The amount of the invoice must be paid in full prior to the execution of the service when the time devoted to its execution is less than or equal to three (3) hours.
Early payment of a service shall not entitle the client to a discount.
For services involving a working time of more than three (3) hours, a deposit of 50% of the total invoice amount is required before the work is carried out, the balance being paid on delivery of the service.
The payment of the service may be installed according a mutual agreement between the service provider and the client when the amount of the invoice is high.
The service provider will not be obliged to proceed with the provision of services ordered by the client if the client does not pay the deposit, if any, under the conditions and according to the terms indicated above.
Any delay in payment will automatically lead to the suspension of the services in progress until the situation is regularised.
Penalties of 10% per day of late payment are payable without the need for a formal notice. They shall run as of right from the day following receipt of the invoice.
In addition, since 1 January 2013 and in accordance with Article D. 441-5 of the French Commercial Code, the amount of the flat-rate compensation for collection costs provided for in the twelfth paragraph of Article L. 441-6 is set at 40 euros.
Article 5 – Obligation of means
The service provider undertakes to carry out the services requested by implementing all the resources at its disposal.
As this is an assistance and advice service, the service provider’s obligation towards its client is however only an obligation of means and not an obligation of result.
If the service provider’s liability were to be incurred, it would be strictly limited to the amount of the client’s order and not to the consequences of the use of the work that results from it.
The service provider shall not be liable for insufficient results due to an incorrect assessment of the client’s needs by the client; due to incompleted information, erroneous, concealed or falsified data transmitted to the provider; due to simple negligence by omission.
The service provider cannot be held responsible for problems related to possible conversions of files from different software versions, incompatibilities or Internet network malfunctions.
The service provider cannot be held responsible for any direct or indirect damage, of any nature whatsoever and in any place whatsoever, linked to the uses that the client will have made of the photographic shots that will have been transmitted to him for strictly personal and non-commercial use.
In particular, the service provider cannot be held responsible for the client’s failure to respect, through ignorance or violation, the rules of re-use of the images and data contained in the photographic documents that will have been transmitted to him.
The service provider reserves the right not to follow up on a request or to interrupt a collaboration aiming at producing or participating in the elaboration of documents and works contrary to good morals or to the laws in force, as soon as he would have knowledge of it.
Article 6 – Confidentiality
The service provider and his client agree to a confidentiality agreement within the framework of the service that binds them.
The service provider undertakes to consider as strictly confidential, and refrains from disclosing to third parties, by any means whatsoever, any information, document or data of which he may become aware in the course of the contract with his client.
The service provider undertakes not to use the information gathered from its client for any purpose other than to carry out the work entrusted to it under the service contract concluded.
In return, the client undertakes not to disclose or communicate to third parties, by any means whatsoever, the documents sent to him by the service provider.
The client will take all necessary measures to preserve the confidentiality of its exchanges with the service provider.
These confidentiality provisions come into effect on the day of the signature of the quotation valid as a contract between the service provider and the client, and remain in force until the delivery of the service.
This confidentiality agreement is governed by the legislation of the provider’s country.
In the event of any dispute relating to the interpretation and execution of this confidentiality agreement, the parties shall endeavour to settle it amicably.
In the event that they fail to do so, the competent courts within the jurisdiction of the Paris Court of Appeal shall have sole authority to settle the dispute.
Article 7 – Obligations and responsibilities of the client
The client’s first obligation is to collaborate with the service provider to enable it to intervene on site (i.e. in the archive conservation centres) and to carry out the agreed services in the best possible conditions; in particular, it must grant it access to accurate and reliable information; in return, the service provider has a duty of discretion on all information to which it will have access.
The client is also obliged to accept the work carried out by the service provider and to specify whether it conforms to the client’s requirements. In the event of disagreement, acceptance with reservations is possible.
The third obligation of the client who has requested the intervention of the service provider is to pay the service provider for the work carried out; in case of insolvency of the client, the service provider benefits from guarantees, in particular the possibility of suspending the execution of the service.
It is also the client’s responsibility to protect himself from any intrusion or contamination by possible viruses that could slow down the transmission or damage the data necessary for the execution of the work forming the service.
Finally, the client is obliged to comply with the French Heritage Code, the Code of Relations between the Public and the Administration, the Intellectual Property Code, the French Data Protection Act, and the General Data Protection Regulation, in particular those of a personal nature.
Article 8 – Withdrawal, cancellation, complaint
Withdrawal
In accordance with the Consumer Code, the customer has a period of fourteen (14) days from the conclusion of the contract to withdraw from the service provider by sending a registered letter with acknowledgement of receipt.
However, this right of withdrawal does not apply if the service is fully provided before the end of this period.
Cancellation
In the event of cancellation of the order by the client after acceptance of the quotation, for any reason whatsoever, except force majeure:
- If a deposit has been paid at the time of the order, it will be automatically acquired by the service provider and will not give rise to any reimbursement,
- If no deposit has been paid at the time of ordering, a sum corresponding to 40% of the total invoice will be retained by the service provider, as compensation for the damage suffered.
Complaints
The client may express reservations about the service rendered by the service provider in relation to the execution of the service and lodge a complaint in the event of non-compliance with the estimate.
Any complaint or dispute on the part of the client must be brought to the attention of the service provider within 48 hours of receipt of the order.
After this period, the work delivered to the client will be considered to be in conformity with the order and no further claims may be made against the service provider.
Any complaints must be sent to the service provider by registered letter with acknowledgement of receipt, and must be accompanied by the following information: the subject of the complaint; the client’s full contact details (surname, first name or company name, address, telephone number, e-mail); the date and reference of the quotation; and any other supporting documents required depending on the subject of the complaint.
In the event of dissatisfaction or dispute as to the service delivered, an amicable solution may be suggested depending on the nature and merits of the complaint.
Article 9 – Rules of use of the Internet and validity of electronic exchanges
The customer declares that he accepts the characteristics and limits of the Internet, and recognises in particular:
- that he is the only one responsible for the use he makes of the information. Consequently, the service provider cannot be held responsible for any express or tacit obligation, nor can it be held civilly liable towards the client for any direct or indirect damage arising from the use of the said information;
- that he is aware of the nature of the Internet, in particular its technical performance and the response times for consulting, querying or transferring information
- that the communication by him of his personal identification elements or, in general, of any information deemed confidential by the customer is made under his own responsibility;
- that it is up to him to take all necessary measures to ensure that the technical characteristics of his computer allow him to consult the information
- that it is up to him to take all appropriate measures to protect his own data and/or software from contamination by any viruses circulating through the site.
The client acknowledges the validity and probative value of electronic exchanges and recordings made by the service provider and accepts that said exchanges and recordings have the same probative value as a handwritten document signed by hand.
Article 10 – Termination
In the event of a breach by the client of one of its essential obligations, the service provider reserves the right to immediately and automatically suspend the provision of the service and/or to terminate the contract after a formal notice of default has remained without effect for one month or, without notice, in the event of repeated breaches or breaches relating to intellectual property rights.
In the event of termination by the Client, the Service Provider may not be required to reimburse the sums paid in whole or in part by the Client for work begun or carried out by the Service Provider.
Article 11 – Territorial jurisdiction
The contracts binding the service provider to its clients are subject to the rules of French law.
In the event of a dispute concerning the application or interpretation of these contracts, the parties agree to seek an amicable solution.
In the absence of an amicable solution, the courts within the jurisdiction of the Court of Appeal of Paris, the headquarters of the service provider, shall have sole jurisdiction to settle the dispute, regardless of the place of delivery of the work, in France or abroad.