General Terms and Conditions of Sale
Business name: One World Beyond Borders
Head office: 3 rue du Limousin 14123 Ifs FRANCE
E-mail address: email@example.com
SIRET 904 993 888 00018
The person responsible for the publication is Marie-Astrid Bridelance.
VAT not applicable, art. 293 B of the French General Tax Code (Code général des impôts: CGI)
Date of last update 23/09/2022
Article 1 – Purpose
The present general terms and conditions of sale concern the products and services provided by Marie-Astrid Bridelance: SEO content writing, print writing, writing of legal articles, proofreading of pre-existing content, English/French translation, and eBook sales.
Article 2 – Prices
The prices of the services are indicated in euros. VAT is not applicable by virtue of Article 293 B of the French General Tax Code (CGI).
All orders, regardless of their origin, are payable in euros.
The price of the services is mentioned on the quote accepted and signed by the client. If no quote has been drawn up, the price of the services performed is agreed with the client and mentioned on the corresponding invoice.
The price of the products is the one in effect on the day of the placing of the order. It is indicated on the sales page of the product in question.
These terms and conditions of sale do not provide for any discounts, rebates or refunds.
Marie-Astrid Bridelance reserves the right to change her prices at any time, but the service will be charged on the basis of the rate in effect at the time of validation of the order and subject to availability.
Article 3 – Orders
The customer contacts Marie-Astrid Bridelance via the contact form available on the website or at the following e-mail address: firstname.lastname@example.org
Marie-Astrid Bridelance reserves the right to refuse any order that she deems non-compliant with her moral values.
Marie-Astrid Bridelance offers e-books for sale on her website http://www.oneworldbeyondborders.com/.
The link to download a book or book pack is for the exclusive use of the only person indicated in the name field. These downloadable products are neither refundable nor exchangeable.
The customer undertakes to have sufficient technical means and knowledge to operate the download.
Article 4 – Validation of the order
Regarding the services, the signature of the quote by the customer, accompanied by the mention “Good for agreement”, acts as an order form and implies acceptance without exception or reservation of these Terms and Conditions of Sale.
A deposit of 30% is required on signing the quote.
Article 5 – Payment
The fact of validating the order implies for the customer the obligation to pay the price indicated.
A deposit of 30% of the total amount of the order is required before the service is provided.
The service is delivered by email to the client, in Word format. An invoice for the balance will be issued at the time of delivery of the service.
Payment of the balance is required within 15 days of the balance invoice being issued, by bank transfer.
Marie-Astrid Bridelance reserves a period of 15 working days to verify the origin of the funds paid.
Penalties of 3% per month of delay are payable without the need for a formal notice. They shall be due as of the fifteenth day after the invoice is sent.
A fixed compensation for collection costs in the event of late payment of €40 shall also apply.
These Terms and Conditions of Sale do not provide for any discount for early payment.
Payment of e-books is due immediately on the date of the order.
Secure online payment by credit card is made through Stripe.
Article 6 – Withdrawal
In accordance with the provisions of Article L 221-18 of the French Consumer Code (Code de la consommation), the customer has a withdrawal period of 14 days from the conclusion of the contract (consisting of the delivery of the signed estimate) to exercise his or her right of withdrawal, without having to justify reasons or pay penalties. To exercise this right, the customer must inform Marie-Astrid Bridelance by e-mail. An acknowledgement of receipt will be sent without delay.
In case of exercising the right of withdrawal, Marie-Astrid Bridelance will reimburse the sums paid, within 14 days of notification of the customer’s request and via the same means of payment as used at the time of the order.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of article L 221-28 of the French Consumer Code, the right of withdrawal does not apply to
– The supply of services fully executed before the end of the withdrawal period and whose execution has begun after the consumer’s prior express agreement and express renunciation of his or her right of withdrawal.
– The supply of digital content (such as an eBook) not provided on a physical medium, the performance of which has begun after the consumer’s prior express agreement and express waiver of his right of withdrawal.
Article 7 – Delivery
The texts are supplied by e-mail, in Word format.
They may be accompanied by illustrations, supplied in JPG or PNG format.
The customer may also opt to integrate the ordered content into WordPress.
Upon receipt, the client has 7 days to validate the services and, if necessary, to make comments.
The client may request a correction of the delivered text(s) at no extra cost. This correction is included in the price of the service provided that it is consistent with the client’s initial order and that it is requested by e-mail within 7 days (corresponding to the validation period). After this period, the service is considered to be validated and the payment will be due.
The delivery of e-books is done digitally by clicking on the link provided. In the event of delivery failure, Marie-Astrid Bridelance undertakes to perform the operation manually, at the customer’s request.
Article 8 – Guarantee
Under Article L 224-25-12 of the French Consumer Code, the guarantee of legal compliance also applies to digital services and contents provided by Marie-Astrid Bridelance.
In case of lack of conformity, the customer has the right to bring the digital content or the digital service into conformity or, failing that, to reduce the price or to terminate the contract. To do this, he or she must contact Marie-Astrid Bridelance by e-mail.
The reimbursement to the customer of the sums owed by Marie-Astrid Bridelance, or of any other benefit received under the contract, shall be made without undue delay and at the latest within fourteen days of the day on which Marie-Astrid Bridelance is informed by the customer of its decision to assert his or her right to reduce the price or terminate the contract.
The provisions of this article apply without prejudice to the right of withdrawal under Article 6.
Article 9 – Liability
Marie-Astrid Bridelance cannot be held liable for indirect damages such as, but not limited to, loss of data, file (s), operating loss, commercial loss, loss of profit, damage to image and reputation.
Nor shall she be liable for damage caused by misinterpretation of the information provided or by a lack of discernment.
Marie-Astrid Bridelance cannot be held responsible for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, an external intrusion or the presence of computer viruses.
Furthermore, Marie-Astrid Bridelance is bound by an obligation of means and not of result. She cannot therefore be held responsible in case of unwanted commercial impact for the client.
Article 10 – Force majeure and incapacity
The responsibility of Marie-Astrid Bridelance cannot be engaged in case of non-performance or delay in performance of her obligations resulting either from an act attributable to the customer, or the fact, unforeseeable and insurmountable, a third party to the contract, or an event of force majeure.
Pursuant to Article 1218 of the French Civil Code, force majeure is defined as any external, unforeseeable and irresistible event. Are also considered as force majeure or fortuitous event the cases usually recognized by French jurisprudence, as an example and not exhaustive: strikes and labor disputes, natural disasters, fires, interruption of telecommunications, interruption of energy supply, interruption of communications or transport of any kind, or any other circumstance beyond the reasonable control of Marie-Astrid Bridelance.
In the event that Marie-Astrid Bridelance is unable to work due to illness, accident, family reasons, etc., Marie-Astrid Bridelance reserves the right to change the planned schedule without the customer being able to demand compensation. The customer will be informed within a reasonable period of time of her incapacity and, as far as possible, of the duration of this incapacity.
Article 11 – Applicable law in the event of disputes
The language of this contract is English. The present conditions of sale are subject to French law.
The customer, if he or she is a consumer within the meaning of the preliminary article of the French Consumer Code, may, in the event of a dispute, request recourse to a consumer mediator whom the customer can identify on the website https://www.economie.gouv.fr/mediation-conso (France).
The mediator will attempt, in complete independence and impartiality, to bring the parties together in order to reach an amicable solution. The parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
In addition, any consumer customer may refer to the Online Dispute Resolution Platform via the link accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
Consumer mediation does not apply to disputes between professionals. The customer may not avail himself of his right to mediation if he or she is himself or herself a professional within the meaning of the introductory article of the French Consumer Code, i.e. any natural or legal person, public or private, who is acting for purposes falling within the scope of his or her commercial, industrial, craft, liberal or agricultural activity, including when he or she is acting in the name or on behalf of another professional.
In the absence of an amicable resolution of the dispute, the French courts shall have exclusive jurisdiction.
If the customer is a consumer, the dispute will be submitted to the competent court under the conditions of consumer law.
If the customer is a professional, the dispute will be brought before the Commercial Court of Caen.
Article 12 – Intellectual property
All elements of the website https://oneworldbeyondborders.com/ are and remain the exclusive intellectual property of Marie-Astrid Bridelance.
No one is allowed to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the website whether software, visual or audio, under penalty of prosecution.
The services sold as defined in the quote remain the exclusive property of Marie-Astrid Bridelance until full payment of the corresponding invoice by the customer.
Article 13 – Personal data
Marie-Astrid Bridelance reserves the right to collect personal information and personal data of the customer (first names, surnames, postal address, telephone number, e-mail address). They are necessary for the management of the order, as well as for the improvement of the services and products.
This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.
They are not transmitted to third parties.
In accordance with the French law of 6 January 1978, the client has the right to access, rectify and oppose personal information and data. To exercise this right, he or she must contact Marie-Astrid Bridelance at the following e-mail address: email@example.com
Article 14 – Archiving – Proof
Marie-Astrid Bridelance will archive quotes and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1379 of the French Civil Code.
The computerized records of Marie-Astrid Bridelance will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.