GENERAL SALES CONDITIONS
DAVRON TRANSLATIONS
Preamble
Davron Translations (« Davron Translations ») is a simplified joint stock company with a capital of 5,000 euros, with its registered office located at 8 Avenue Hoche in Paris (75008). The company is registered with the Register of Commerce and Trade Companies of Paris under the reference number 524 309 051, and is represented by its President, Mr. David Davron.
Davron Translations, both in France and abroad, provides certified and non-certified translation services as well as interpreting, training, and the notarization of documents (our « Services »).
The intra-community VAT number of Davron Translations is the following:
FR94524309051.
David Davron is the exclusive owner of the websites www.davrontranslations.com and www.davrontranslations.fr (the « Website »), that are managed by Davron Translations.
Davron Translations is a trademark registered with the French National Institute of Industrial Property (INPI) under the reference number 3726613.
Davron Translations can be reached by email on info@davrontranslations.com, or by phone at (+33) (0)1.79.75.81.88.
SCOPE OF THE GENERAL TERMS AND CONDITIONS
1.1 The General Terms and Conditions form the basis for the contractual relationship between Davron Translations and its clients (the « Clients ») for the purchase of Services, to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing (GTCS).
1.2 The GTCS apply, without any form of restriction or reservation, to the Services provided by Davron Translations as set out in each Order (defined below) on the Commencement Date (defined below)and in particular, without limitation, to the Services regarding translation, interpreting, training and the notarization of documents.
1.3 Any samples, drawings, descriptive matter or advertising issued by Davron Translations, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the contract between us or have any contractual force.
1.4 Unless provided otherwise by law and subject to clause 1.5, the approval of any quotation by the Client implies his/her full and complete acceptance of these terms that apply on the Commencement Date.
1.5 Davron Translations reserves the right to alter the GTCS independently at any time.
ORDERS
Methods
2.1 Davron Translations provides its Clients with an order form on the website (the « Form »). To request Services (« Orders »), the Client must fill and submit the form to Davron Translations by clicking « Send ».
2.2 The Form includes, in particular, the following information: name, first name, company, email, telephone number, subject of request (translation, interpreting, tutoring, notarization of documents) and desired payment method.
2.3 The Form may also contain the following information:
2.3.1 In the case of a request regarding translation: the type of document submitted for translation, the number of pages, the languages required for translating, the desired final delivery date, whether or not the translation must be certified and any other information necessary to establish a quotation.
2.3.2 In the case of a request regarding interpreting: the number of participants, the equipment, the languages, the difficulty, the date, the duration and the location of the session.
2.3.3 In the case of a request regarding tutoring: the number of participants, the location, the number of hours, the languages and the frequency.
2.4 Based on this Form, Davron Translations may contact the Client to inquire after any additional information (subject always to compliance with the provisions of clause 12 and the Data Protection Act 1998).
2.5 Davron Translations will then electronically send a quotation (the « Quotation ») to the Client, including a link to these GTCS that are available on the website.
2.6 Any acceptance of the Quotation by the Client, again through email, shall be deemed to be an offer by the Client to purchase the Services from Davron Translations. The Client is also assumed to have acquainted him-/herself with and to have accepted the GTCS.
2.7 No offer placed by the Client shall be deemed to have been accepted by Davron Translations, and no contract shall be formed, until written confirmation has been issued by Davron Translations (the « Commencement Date »).
2.8 If the Client chooses to complete the payment for the Services online, a link allowing said payment to be finalized will also be joined to the Quotation.
2.9 The Client has a maximum of 30 (thirty) days to accept the Quotation and to adjust his/her order, regardless of the chosen payment method. Otherwise a new Order will have to be carried out.
2.10 Unless otherwise agreed by the parties, Davron Translations will not provide the requested Services before receiving either the deposit agreed on by the parties, or the total amount to be paid by the Client.
Change to or cancellation of the order
2.11 Any change to the Order requiring additional Services must be formulated in a written request of whichever kind and will lead to a new Quotation that must also be accepted by the Client.
2.12 The Client recognizes that, in order to best honor the due delivery date of the translation work, Davron Translations starts translating immediately upon receipt of the payment. The Client also recognizes that interpreting services include the time needed for the interpreter to prepare for each session.
2.13 Accordingly, whenever a partial or complete cancellation of a translation Order is performed subsequent to the acceptance of these GTCS and the payment for the Order, the Client must pay the full price without profiting from any reimbursement on behalf of Davron Translations.
2.14 The same applies to a partial or complete cancellation of an Order of interpreting Services less than 72 hours before the scheduled date of the interpreting session. In the case of a cancellation subsequent to the acceptance of these GTCS and the payment of the deposit as the case may be, the paid deposit will be retained by Davron Translations.
2.15 Likewise, any tutoring session that is cancelled less than 48 hours before the scheduled date will be fully charged.
DELIVERY OF TRANSLATION WORK
Delivery methods
3.1 The Client must indicate the desired method of delivery on the Order Form.
3.2 The expenses resulting from delivering translation work will be included in the Quotation and will be fully endorsed by the Client.
3.3 If the Client wants to change the delivery method, the fees paid for the initially chosen delivery method will in no way be reimbursed. The Client may be granted a credit note corresponding to the cost of the uncompleted delivery.
Delivery deadlines
3.4 The Client recognizes that the delivery of translations will be performed within the minimum timeframe of 24 hours, unless otherwise agreed by Davron Translations.
3.5 The deadline for delivery will be estimated as accurately as possible in every quotation, and will take into account the preferences indicated by the Client in the Order Form. However any such dates shall be estimates only and time shall not be of the essence for performance of the Services. In no case will the exceeding of a deadline result in reparations, or in the withholding or cancellation of the ongoing Order.
3.6 The deadlines will inevitably be extended if the Client changes the original Order.
Cost of delivery
3.7 The cost of delivering translation work will be specified in the Quotation and will be fully borne by the Client.
Receipt of translations
3.8 The Client is obliged to acknowledge both the receipt of the translated documents and their compliance with the Quotation that was established through a mutual agreement between the parties, within a maximum of 10 (ten) days following the receipt of said documents.
3.9 In the absence of confirmation within this term, the Client will be assumed to have received and accepted the translation, and Davron Translations will not in any way be held liable.
COST
4.1 All Service fees are set out in the individual Quotations.
4.2 The translation fees are determined by different criteria, including, but not limited to: the original language and the language of translation, the number of pages, the format and the quality of the original document.
4.3 The fees for interpreting services are determined by different criteria, including, but not limited to: the number of participants, the equipment, the languages of translation, the difficulty, the duration of the session and the number of interpreters needed.
4.4 Davron Translations reserves the right to alter the fees independently and at any time.
BILLING AND PAYMENT METHODS
5.1 The Client will pay the Service fees set out in the Quotation upon Order confirmation, either fully or partially, according to the agreement reached between both parties. Unless otherwise stated, prices shall be in pounds sterling (GBP) and are exclusive of value added tax (VAT) and any other tax or duty.
5.2 Unless otherwise agreed by the parties, the Client is obliged to pay the full fee within the 30 (thirty) days following the dispatch of the invoice by Davron Translations.
5.3 If the Client fails to make any payment due to Davron Translations in accordance with these terms by the due date for payment , then the Client shall pay interest on the overdue amount at the rate of [4]% per cent per annum above [the Bank of England’s] base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest together with the overdue amount.
5.4 Depending on the choice of the Client, the fee may be paid by bank transfer, PayPal, stripe, apple pay, check or cash.
5.5 An invoice shall be electronically issued by Davron Translations to the Client upon completion of the Service.
COMMITMENTS AND RESPONSIBILITIES OF DAVRON TRANSLATIONS
6.1 The Client recognizes that Davron Translations is only bound by the obligation of means regarding the fulfilment of its obligations. Any disagreement regarding the chosen terms for the translation may be reviewed, but in this case Davron Translations may not be held responsible.
6.2 Davron Translations shall use reasonable endeavours to supply the Services to the Client in accordance with the Quotation.
6.3 With respect to translation Services, Davron Translations is by no means obligated to carry out any correction as regard to the content and style of the original documents. Regarding the translation of official documents, the Client recognizes that any error contained within the original document will be copied in its exact form to the translation. Davron Translations shall not be liable for any consequences relating to these errors.
6.4 With respect to the translation of non-official documents, Davron Translations may inform the Client of any errors relating to the content and style contained within the document, and offer to correct the original document. The correction services will be subject to a new quotation that must be accepted by the Client prior to any correction.
6.5 Davron Translations shall not be held responsible for any physical, material, financial or moral damage caused by the Website being unavailable.
6.6 Davron Translations shall have the right to make any changes to the Services which are necessary to comply with any applicable law, or which do not materially affect the nature or quality of the Services, and Davron Translations shall notify the Client in any such event.
LIMITATION OF LIABILITY
7.1 Nothing in the GTCS shall limit or exclude Davron Translations ‘ liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
7.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the GTCS.
7.3 Subject to clause 7.1, Davron Translations shall not be liable to the Client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the GTCS for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of damage to goodwill; and
(g) any indirect or consequential loss.
7.4 Subject to clause 7.1, Davron Translations’ total liability to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the GTCS shall be limited to the total fees paid for the Services.
7.5 This clause 7 shall survive termination of the GTCS.
TERMINATION
8.1 Davron Translations may immediately terminate the GTCS by giving notice where the Client:
(a) fails to pay any amount due under the GTCS on the due date for payment and remains in default not less than seven days after being notified in writing to make such payment;
(b) commits a material breach of any of the terms of the GTCS and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach;
(c) takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(d) suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
(e) financial standing deteriorates to the extent, that in Davron Translation’s opinion, the Client’s capability to adequately fulfil its obligations under the GTCS has been placed in jeopardy
FORCE MAJEURE
9.1 Davron Translations shall have no liability to the Client under the GTCS if it is prevented from, or delayed in performing, its obligations under the GTCS or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of Davron Translations or any other party), failure of a utility service or transport network, act of God, war, riot, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers [or subcontractors .]
9.2 The Website may contain links to other Websites that facilitate the Clients’ procedure. These links are put at the Clients’ disposal for their use alone and at their own risk. Davron Translations may not be held liable for the content of any said site, or for potential damages resulting from their use on behalf of the Client.
10 RIGHT OF RETRACTION
10.1 Subject to clause 10.2, the Client shall to the extent that it is a consumer have a legal right to change its mind within 14 days of placing an Order and receive a refund (Cooling- off Period).
10.2 However, if a Client on the Order Form requests the completion of Services within a period shorter than the Cooling- off Period, he/she may not claim a refund and must pay for the Service in full in accordance with the GTCS.
INTELLECTUAL PROPERTY
11.1 Davron Translations is the owner or the licensee of all intellectual property rights in the Website and in the material published on it. The works are protected by copyright laws and treaties around the world. All such rights are reserved.
11.2 The Client shall not modify any materials printed off or downloaded in any way, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
11.3 The Client must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from Davron Translations or its licensors.
11.4 The Client recognizes that Davron Translations owns the exclusive rights to the trademark Davron Translations, as registered with INPI under the reference number 3726613.
PERSONAL DATA
12.1 Personal data is information that, whether directly or indirectly, allows the momentary identification of an individual. The Clients will be required to submit this kind of information for the execution and delivery of the Orders, as well as for the issuance of the invoices, with which they comply. This information is strictly confidential and will in no way be disclosed to third parties, unless this is necessitated by any applicable law.
12.2 The Client must electronically inform Davron Translations of any changes in his/her personal details. He/she remains responsible for them being up to date.
12.3 Davron Translations shall ensure that in the performance of its obligations under the GTCS it will at all times comply with the relevant provisions of the Data Protection Act 1998 (“the Act”). Davron Translations acknowledges that if it is required to process any personal data (as defined in the Act) in the course of providing the Services, then in relation to such data it shall act only upon the instructions of the Client.
12.4 In accordance with the Act, the Client shall have the right to access information held about it. In such circumstance, the Client may request a copy of some or all of the Client’s information that Davron Translations hold, as well as other related processing explanations. This right can be exercised at any time by sending an email to the following address: info@davrontranslations.com.. Davon Translations shall be entitled to a small charge for this service (of £10) and if necessary, ask the Client to produce evidence of its identity to ensure it is appropriate to share the information.
12.5 Under the Act, the Client is entitled to make sure that the information Davron Translations hold is accurate and up to date. The Client can therefore request the removal and/or correction of inaccurate information and Davron Translation shall make all reasonable efforts to delete the Client’s information from its files if it is deemed appropriate.
12.6 Davron Translations may need to send you newsletters or offers by email. Each Client can oppose receiving this kind of information, either by unsubscribing by clicking on the link at the bottom of the email, or by emailing the following address: info@davrontranslations.com.
COOKIES AND STATISTICS
13.1 Davron Translations may insert cookies on the Website. These cookies record information pertaining to navigation on the Website and store information that was entered during the visit. This information may be kept for up to 6 months.
13.2 The Client has the right to oppose the registration of « cookies » by configuring his/her browser.
13.3 The Website may generate statistical information based on non-personal data supplied by the Client, such as the number of clicks or visits of the Website.
CONFIDENTIALITY
14.1 Both parties shall treat Confidential Information (defined below) as confidential, and shall not disclose, either directly or indirectly, Confidential Information to any third party without the prior written consent of the other party (save in respect of disclosure of Confidential Information which is required by law or administrative order).
14.2 For the purpose of this clause 14, Confidential Information is all information or data in any form which is confidential either to the Client or to Davron Translations and which either party discloses to the other in connection with the Services, including without limitation, patents, designs, copyright, trade marks, know-how, technical information, rights in data and database rights (whether registered or unregistered or any applications for registration) whether now known or future.
GENERAL
15.1 Entire Agreement. The GTCS constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
15.2 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in these GTCS.
15.3 Variation. No variation of the GTCS shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
15.4 Severance. If any provision or part-provision of the GTCS is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the GTCS.
15.5 Third Parties. No one other than a party to the GTCS shall have any right to enforce any of its terms.
GOVERNING LAW AND JURISDICTION
16.1 These General Conditions are governed by French law.
16.2 If the Parties fail to reach an amicable solution within the 30 (thirty) days following its occurrence, any disagreement, dispute or complaint, resulting from or relating to these GTCs, will be submitted to the jurisdiction of the relevant court of Paris, in the absence of a prior written agreement of the Parties.
