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General terms of sale

Article 1. Application of the general conditions of sale

Any order placed with EIRL Avalon traduction implies full acceptance of these general conditions.

Article 2. Quote

Each request is subject to a free quote, drawn up by EIRL Avalon traduction on the basis of the information provided. The quote will describe in detail the service to be provided, the number of words to be translated, the target language, the price of the service, the payment terms and conditions and, if applicable, any special conditions defined beforehand by the two parties.

Article 3. Prices

The prices applied are those in force at the time of signing the quote. VAT is not applicable in accordance with article 293B of the General Tax Code.

Article 4. Validation of the quotation and order form

Acceptance of the quotation, signed and accompanied by the words “Bon pour accord”, shall constitute an order form. The order will only be validated and the translation work begun once the quote has been accepted and signed.

Article 5. Time of delivery

The delivery time corresponds to the one mentioned in the quotation according to the agreement of both parties. In the event of significant additions or modifications to the source document, the deadline and rates may be revised, or a new order may be placed if the service is significantly modified (up to 50% of the source document which was the subject of the initial quote).
EIRL Avalon traduction may exceptionally have to postpone the deadline in the event of sick leave, without affecting the rates previously established at the time of the order.
Delays in the delivery of services shall not give rise to any penalty or compensation, nor shall they be grounds for cancellation of the order.

Article 6. Payment and invoicing

Each order gives rise to an invoice which will be sent by e-mail by default (for any other transmission request, it is imperative to make the request when the estimate is issued). Payment of each invoice is requested at the end of the current month, or within fifteen days following the date of delivery if this is between the 25th and 31st of the current month.
For any order of 500€ or more, a deposit of 15% will be requested upon acceptance of the quotation.
The preferred method of payment is by bank transfer. Payment by cheque or cash is possible for any order of 150€ or less. In the case of a cash payment, only a hand delivery will be accepted. For any other means of payment or special arrangements, it is imperative to contact EIRL Avalon traduction when the quote is drawn up.

Article 7. Time limits for payment

By default, all orders must be paid for by the end of the current month at the latest. In the event that the delivery should be made between the 25th and 31st of the current month, a delay of fifteen days is automatically granted.
All payment terms and conditions must be agreed in advance between the two parties and clearly detailed on the order form.
In the event of non-compliance with the conditions previously established at the time of acceptance of the quotation, late payment penalties, calculated at a daily rate of 10% of the amount of the services shown on the invoice, shall be applied automatically and by right (cf. article L.441-6 of the French Commercial Code).

Article 8. Modification and cancellation

If the client wishes to modify his or her order during the execution of the service, or to add work that is not included on the order form, a new estimate will be issued according to the nature of the additional services desired.
After delivery, the client will have the opportunity to request any rectifications and/or corrections within a maximum of thirty days.
Cancellation of an order in progress, for whatever reason, must be notified in writing, either by post or by e-mail. The order will be invoiced pro rata to the agreed delivery date.

Article 9. Delivery

The preferred method of delivery is by e-mail in the format of the usual word processors Word, LibreOffice/OpenOffice and/or PDF depending on the customer’s choice.

Article 10. Obligations of the EIRL and confidentiality

EIRL Avalon traduction declines all responsibility in the event of inconsistency or ambiguity in the original text. The confidentiality of the information, details and documents transmitted is strictly guaranteed. In accordance with the law of 6 January 1978 on information technology, files and freedom, the client has the right to access, rectify and oppose any personal data concerning him or her.

Article 11. Complaints and conflicts

These general terms and conditions of sale are subject to French law. In the event of dissatisfaction, the customer shall contact EIRL Avalon traduction within one week of delivery of the order in order to find an amicable solution. In the absence of an agreement between the two parties, any dispute will be subject to French law and will fall under the exclusive jurisdiction of the courts of the company’s registered office. (see article 13. Applicable law below)
NOTE: In no case will the claim be upheld on the grounds of nuances of style or connotations of words insofar as fidelity to the source document has been respected. EIRL Avalon traduction will not accept any claims relating to words or expressions that are untranslatable or incomprehensible in the original language.

Article 12. Intellectual property and plagiarism

In accordance with the Intellectual Property Code, the client undertakes to entrust the service provider only with documents of which he or she is the author. EIRL Avalon traduction declines all responsibility in the event of plagiarism on the part of the client. Although the notion of plagiarism does not formally appear in the Intellectual Property Code, it is related to counterfeiting, cf.
Article L.122-4 of the Intellectual Property Code. The same applies to translation.
The EIRL Avalon traduction remains the owner of the documents until the services have been paid in full.
The liability of EIRL Avalon traduction is limited to the amount of the invoice for the service. The client undertakes to reimburse the company for any damages that the latter may pay as a claimant, in particular on the basis of an infringement of intellectual or industrial property rights, as well as any copyright that may be claimed. In addition to the damages, there are the costs of the court, the lawyer and the expert. The EIRL does not cover the indirect losses suffered by the client in the event that the latter is sanctioned for plagiarism. As a reminder, articles L.335-2 and L.335-3 of the Intellectual Property Code provide that counterfeiting is punishable by three years’ imprisonment and a fine of €300,000. However, quotations, provided they are clearly mentioned as such, in the documents to be translated are authorised in compliance with article L.122-5 of the Intellectual Property Code.

Article 13. Applicable law

Any question relating to these General Terms and Conditions of Sale, as well as to the services they govern, which are not covered by these contractual stipulations, shall be governed by French law to the exclusion of any other law.
In the event of a dispute, the jurisdiction of the registered office of EIRL Avalon traduction shall have sole competence, notwithstanding multiple defendants or third-party claims, and also in the event of a payment order procedure, in accordance with Decree No. 2015-1408 of 5 November 2015 relating to exceptions to the application of the right of users to refer matters to the administration by electronic means.