SAS STUDIO GENTILE
Registered Office : 29 rue Pastorelli – NICE EUROPE building (entrance B) – 06000 NICE
RCS NICE : 451 839 245
Website : https://studio-gentile.fr
Contacts :
These General Terms and Conditions of Sale apply, without restriction or reservation, to all purchases of translation services (“the Services”) offered by SAS STUDIO GENTILE (“the Seller”) to consumers and non-professional clients (“the Clients” or “the Client”) (the Seller and the Client also referred to as “the Parties” or individually as “a Party”) on its website https://studio-gentile.fr.
They specify, in particular, the conditions for placing an order, payment, and the provision of the Services ordered by the Clients. The main characteristics of the Services, including all required regulatory information, are presented on the website https://studio-gentile.fr. The Client is required to read them before placing any order. The choice and purchase of a Service is the sole responsibility of the Client.
These General Terms and Conditions of Sale are systematically provided to every Client before concluding the service contract and shall prevail over any other version or conflicting document. These conditions apply to the exclusion of all others, including those applicable to other distribution channels for the Services. They may be supplemented by special conditions before any transaction with the Client.
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Client.
In accordance with applicable regulations, the Client has, at any time, a right of access, rectification, objection, erasure, and portability of all personal data by writing, and providing proof of identity, to SAS STUDIO GENTILE – 29 rue Pastorelli – NICE EUROPE building (entrance B) – 06000 NICE.
The Client declares having read and accepted these General Terms and Conditions of Sale by checking the appropriate box before initiating the online order process. The validation of the Service order by the Client constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
As these General Terms and Conditions of Sale may be modified later, the version applicable to the Client’s purchase is the one in force on the date the contract is concluded.
The Client acknowledges having the necessary capacity to contract and acquire the Services offered on the website https://studio-gentile.fr.
The Client selects the Services to be ordered on the website by following these steps:
Choosing the translation language
Uploading the source document
Selecting optional features (at additional cost): certification, guaranteed turnaround, dedicated project manager, postal delivery
Adding the Service to the shopping cart
Confirming the order
Making the payment
The Client must inform the Seller during the ordering process if a specific style (legal, scientific, technical…) is desired.
An order is recorded on the Seller’s website once the Client accepts these General Terms and Conditions of Sale by checking the corresponding box and confirms the order. The Client has the opportunity to check the details of the order, the total price, and correct any errors before final confirmation (Article 1127-2 of the French Civil Code).
It is the Client’s responsibility to verify the accuracy of the order and to report any errors immediately.
The sale of Services is only deemed final once the Seller sends an order confirmation to the Client by email and after full payment has been received.
The order may be reprocessed by the Seller depending on the type of document submitted, its actual volume (quality of the source document – word count – technical nature of the translation, etc.).
If reprocessing results in a price change (upward or downward), a revised order will be sent to the Client, who is free to accept or reject it. In case of rejection, the initial payment will be refunded within 7 days. If the price is reduced, the difference will be refunded within 7 days of the adjustment. If the price increases, the balance must be paid following the Client’s acceptance.
Any order placed on the website https://studio-gentile.fr constitutes a distance sales contract between the Client and the Seller.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding a prior order payment.
For Services requiring a prior quotation, the sale is only deemed final after the Seller has issued a quote, the Client has accepted it, and the Seller has sent a confirmation by email. Quotes issued by the Seller are valid for 30 days.
Once confirmed and accepted under the above conditions, the order cannot be modified or canceled, except in the exercise of the right of withdrawal or in cases of force majeure.
The Services offered by the Seller are provided at the prices in effect on the date the order is confirmed by the Seller, after any applicable reprocessing, and as communicated to the Client before the final order validation.
The price is calculated using an algorithm that considers, among other things (this list not being exhaustive), the source and target languages, the translation volume and technicality, the type of document, and the chosen options.
The price stated in the Seller’s order confirmation is final. Prices are expressed in Euros, exclusive and inclusive of VAT.
An invoice is issued by the Seller and provided to the Client upon delivery of the ordered Services.
Any advertised price reduction must state the prior price used by the Seller before applying the discount. The prior price is defined as the lowest price charged to all Clients in the past 30 days.
The Services provided by the Seller are delivered in exchange for payment. Any advance payment made, whether deposit or installment, bears legal interest after three months from the date of payment until the date of delivery (Article L 214-2 of the French Consumer Code).
The price is payable in full at the time of ordering, using secure payment methods specified during the ordering process, including:
Credit cards: Carte Bancaire, Visa, MasterCard, American Express, and others
Bank transfer, for orders with a prior quotation
Card payments are irrevocable, except in the case of fraudulent use. In such instances, the Client may request cancellation and refund of the amounts.
Payment data is encrypted via the STRIPE protocol.
The Seller is not obligated to deliver the ordered Services if the price has not been paid in full under the conditions stated.
Payments are only considered final once the funds are actually received.
In case of non-compliance with the payment terms, the Seller reserves the right to suspend or cancel the delivery of Services and/or suspend performance of its obligations.
No additional charges, exceeding the Seller’s actual costs for using a payment method, may be billed to the Client.
The Services ordered by the Client, which include translation services, will be provided within a maximum period of 15 days from the final validation of the order by the Seller to the Client, unless a shorter timeframe has been contractually agreed upon at the time of ordering (guaranteed deadline option) or a longer timeframe is specified in the special conditions.
The Seller undertakes to make its best efforts to deliver the Services ordered by the Client, under a best-efforts obligation, and within the timeframes mentioned above.
If the ordered Services have not been delivered within 10 days following the indicative date mentioned above, for any reason other than force majeure or an act or omission by the Client, the Client may notify the Seller, in accordance with the provisions of Article L 216-6 of the French Consumer Code:
either to suspend payment of all or part of the price until the Seller performs, in accordance with Articles 1219 and 1220 of the French Civil Code (exception for non-performance),
or to terminate the contract, after having given formal notice to the Seller to perform within an additional reasonable period, which the Seller has failed to comply with.
Termination may be immediate if the Seller refuses to perform, if it is evident that the Seller will not be able to provide the Services, or if the missed deadline constituted an essential condition of the sale for the Client.
In the event of termination of the contract, any sums already paid by the Client will be reimbursed no later than 14 days following the date on which the contract was cancelled.
In the absence of any express reservations or claims made by the Client upon receipt of the Services, they shall be deemed to be in conformity with the order, in terms of both quantity and quality.
The Client will have a period of 72 hours from the delivery of the Services to submit such reservations or claims, in writing and with all supporting documentation, to the Seller.
It is reminded that the absence of reservations by the Client upon delivery does not exempt the Seller from its warranty obligations regarding conformity, as described below.
It is reminded that, in accordance with legal provisions, the contract may be terminated electronically when it was concluded by electronic means or when, at the time of termination, the Seller offers Clients the possibility of entering into contracts electronically.
To this end, a free functionality is made available to the Client, allowing them to carry out, electronically, the notification and all the necessary steps to terminate the contract. The Seller must acknowledge receipt of this termination request by informing the Client, on a durable medium and within a reasonable timeframe, of the date on which the contract ends and the consequences of the termination.
If the Client wishes the immediate commencement of the provision of the ordered Services before the expiry of the withdrawal period, it is the Seller’s responsibility to send the Client confirmation of their agreement to begin providing the Services, along with acknowledgment of the loss of their right of withdrawal. This agreement and acknowledgment are formalized at the time the order is validated by the Client.
In such a case, where the Client has expressly agreed to the performance of the Services before the end of the withdrawal period, the contract is definitively concluded as soon as the Client places the order, in accordance with the terms set out in these General Terms and Conditions of Sale.
If the Seller has not obtained the Client’s express agreement to begin performance before the withdrawal period ends, and has not obtained proof that the Client acknowledged losing their right of withdrawal once the contract was fully performed at their express request, then the Client who exercises their right of withdrawal after the Service has begun shall not owe any amount to the Seller.
The Services offered for sale by the Seller comply with the regulations in force in France and are suitable for non-professional use.
The Client benefits, by law and at no additional cost, from the legal warranty of conformity and the legal warranty against hidden defects.
9-1 Legal Warranty of Conformity
The Services comply with applicable French regulations. The Seller is not responsible for compliance with laws in other countries. In case of non-conformity, the Client may request correction, a new Service free of charge, a price reduction, or cancellation, within legal limits. They may also withhold payment under Civil Code Articles 1219 and 1220.
The Seller must resolve any issue within 30 days. They are not liable for subjective style differences. In case of disagreement, both parties will seek a solution; only a sworn translator may amend certified translations.
If compliance is impossible or disproportionate, the Seller may refuse. The Client may then demand specific performance or cancel the sale. If the issue is significant, the Client may cancel immediately without prior demand. Refunds are processed within 14 days using the original payment method. The Seller’s liability is limited to the invoice amount.
9-2 Legal Warranty Against Hidden Defects
The Seller is liable for hidden defects under the legal warranty against hidden defects resulting from a design or manufacturing fault in the Services ordered.
The Client may invoke the warranty against hidden defects in accordance with Article 1641 of the French Civil Code. In such a case, the Client may choose between cancelling the sale or obtaining a reduction in the sale price, pursuant to Article 1644 of the French Civil Code.
In any event, the Seller’s liability is limited to the amount of the relevant invoice.
9-3 Exclusion of Warranty
The Seller shall not be held liable or deemed to have failed in its obligations for any delay or failure to perform resulting from:
The Seller shall also not be held liable or deemed to have failed in its obligations in the event that the source document transferred by the Client has been altered or modified, the Client being solely responsible for the authenticity of the document to be translated.
In accordance with Law No. 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, it is hereby reminded that the personal data requested from the Client is necessary for the processing of their order and the issuance of invoices, among other purposes.
This data may be shared with the Seller’s partners responsible for executing, processing, managing, and handling payments related to the orders.
The processing of information communicated through the website https://studio-gentile.fr complies with legal requirements concerning personal data protection. The information system used ensures optimal protection of such data, in particular in accordance with the GDPR and all other applicable legislative or regulatory provisions.
The procedures for collecting and processing personal data, as well as the rights Clients have over their data, can be consulted in the “Privacy Policy” section of the Seller’s website, which the Client is required to review and accept, particularly at the time of placing an order.
In accordance with applicable national and European regulations, the Client has a permanent right to access, modify, rectify, oppose, transfer, and restrict the processing of their personal information.
This right may be exercised under the conditions and according to the procedures outlined on the website https://studio-gentile.fr.
The content of the website https://studio-gentile.fr is the property of the Seller and its partners, and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an act of counterfeiting.
In the event of a change in unforeseeable circumstances at the time of conclusion of the contract, and in accordance with Article 1195 of the French Civil Code, the Party that has not agreed to assume the risk of excessively burdensome performance may request a renegotiation of the contract from the other Party.
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure as defined in Article 1218 of the French Civil Code or from exceptional health or climatic events beyond the control of the Parties.
These General Terms and Conditions of Sale and the related transactions are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
Any disputes arising from the purchase and sale transactions concluded under these General Terms and Conditions of Sale, concerning their validity, interpretation, execution, termination, consequences, or aftermath, and which cannot be resolved amicably between the Seller and the Client, shall be submitted to the competent courts under the rules of ordinary law.
The Client is informed that, in any case, they may resort to conventional mediation, particularly with the Consumer Mediation Commission (Article L 612-1 of the French Consumer Code), or with existing sector-specific mediation bodies, the contact details of which are available on the website https://studio-gentile.fr, or to any alternative dispute resolution method (such as conciliation) in the event of a dispute.
The contact details and procedures for referring the matter to the mediator are as follows:
CNPMEDIATION Consommation – 27 avenue de la Libération, 42400 SAINT CHAMOND (Agreement No. CNPM37590).
If the dispute must be brought before a court, it is reminded that, in accordance with Article L 141-5 of the French Consumer Code, the consumer may refer the matter to the court of their place of residence at the time of conclusion of the contract or occurrence of the harmful event, in addition to one of the territorially competent courts as determined by the Code of Civil Procedure.
It is also reminded that, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has established an Online Dispute Resolution (ODR) platform to facilitate the independent, out-of-court resolution of disputes online between consumers and professionals within the European Union.
The Client acknowledges having been informed, prior to placing an order and concluding the sale, in a clear and comprehensible manner, through the provision of these General Terms and Conditions of Sale and in accordance with Article L 221-5 of the French Consumer Code:
– of the essential characteristics of the Services, taking into account the communication medium used and the nature of the Service in question;
– of the price of the Services and the application of a personalized price based on automated decision-making, as well as any additional fees or, where no price is paid, of any benefit provided in place of or in addition to payment and the nature of that benefit;
– of the terms of payment, supply, and execution of the contract;
– where the contract is not executed immediately, of the date or timeframe by which the Seller commits to providing the ordered Services;
– of the Seller’s identity, postal address, telephone number, and email address, as well as details of its business, where these are not obvious from the context;
– of the legal and contractual warranties and the conditions under which they may be exercised;
– of the possibility of resorting to conventional mediation in the event of a dispute;
– of the right of withdrawal (its existence, conditions, time limits, procedures for exercising it, and a model withdrawal form), the conditions of termination, and other important contractual provisions and, where applicable, of the costs associated with the use of distance communication, the existence of codes of conduct, and any financial guarantees or deposits required;
– of the accepted methods of payment.
By placing an order on the website https://studio-gentile.fr, the Client fully and unreservedly agrees to these General Terms and Conditions of Sale and accepts the obligation to pay for the ordered Services. This is expressly acknowledged by the Client, who waives any right to invoke a contradictory document that would be unenforceable against the Seller.
© 2023 Studio Gentile – 01Mars / Production Digital agency & webmarketing – CGV – Internal regulations – Legal Notice
