Terms of Service
1. About us
MACLE GROUP, SASU, with a capital of 1,000 euros, whose registered office is in CLERMONT-FERRAND (63000), « Chez SPHERRE », 5A rue Louis Blériot, registered in the CLERMONT-FERRAND Trade and Companies Register under number 850 297 490 represented by Mr Clément BOURCHEIX (hereinafter the “Company”). The Company offers the following services: translation and transcreation.
The Company invites its Users to carefully read these General Terms and Conditions of Sale and Use (hereinafter referred to as the “GTC/CGU”). The GTC/CGU apply to all Services provided by the Company to its Customers in the same category, regardless of the clauses that may be included in the Customer’s documents and in particular its general terms and conditions of purchase.
The General Terms and Conditions of Sale and General Terms and Conditions are systematically communicated to the Client upon request. The Customer is required to read the GTC/GTCU before placing an Order. In the event of any subsequent modification of the GTC/CGU, the Client shall be subject to the version in force at the time of its Order. The data recorded in the Company’s computer system constitutes proof of the transactions concluded with the Client.
3. Definitions of the terms
“Customer” means any natural or legal person who places an Order on this Website;
“Order” means any order placed by the User registered on this Site, in order to benefit from the Company’s Services;
“General Terms and Conditions of Sale and Use” or “GTC/GTCU” refers to these general terms and conditions of sale and use online;
“Consumer” refers to the buyer who is a natural person who does not act for professional needs and/or outside his professional activity; “Professional” refers to the buyer who is a legal or natural person acting within the framework of his professional activity;
“Services” refers to all services offered to Users by the Company through this Site;
“Site” refers to this Site, i. e. www.tasama.eu ;
“Company” means MACLE GROUP, more fully described in Article I hereof; and
“User” refers to any person who uses the Site.
4. Registration process
Registration on the Site is open only to legal or natural persons of full age and with full legal personality and capacity.
The use of the Services offered on the Site is subject to the User’s registration on the Site. Registration is free of charge.
To proceed with registration, the User must fill in all the mandatory fields, without which the service cannot be provided. Failing this, the registration cannot be completed.
Users guarantee and declare on their honour that all the information communicated on the Site, in particular during registration, is accurate and in accordance with reality. They undertake to update their personal information from the page dedicated to them and available in their account.
All registered users have a username and password. The latter are strictly personal and confidential and must not be communicated to third parties under any circumstances, otherwise the account of the offending Registered User will be deleted. Each Registered User is personally responsible for maintaining the confidentiality of their username and password. The Company shall under no circumstances be held liable for the usurpation of a User’s identity. If a User suspects fraud at any time, he/she should contact the Company as soon as possible so that the Company can take the necessary measures and regularize the situation.
Each User, whether a legal or physical person, may only have one account on the Site.
In the event of non-compliance with the GTC/CGU, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to temporarily or permanently delete all accounts created by the offending Registered User.
The deletion of the account results in the permanent loss of all benefits and services acquired on the Site.
However, any Order made and invoiced by the Site before the account is deleted will be executed under normal conditions.
In the event that an account is deleted by the Company for failure to comply with the duties and obligations set out in the GTC/CGU, the offending User is strictly prohibited from re-registering on the Site directly, by means of another e-mail address or by an intermediary without the Company’s express authorization.
5. Service and prices
The Services covered by the GTC/CGU are those that appear on the Site and are offered directly by the Company or its partner service providers.
The services are described on the corresponding page within the Site and all their essential characteristics are mentioned. The Company cannot be held liable for the impossibility of performing the said service when the User is not eligible.
When a Registered User wishes to obtain a service sold by the Company through the Site, the price indicated on the service page corresponds to the price in euros excluding tax (excluding VAT) and takes into account the applicable discounts in effect on the day of the Order. The price indicated does not include any additional costs that may be indicated in the summary before placing an order.
The Company reserves the right to change its rates at any time. It undertakes to invoice the services at the rate applicable at the time of their Order. For services whose price cannot be known a priori or indicated with certainty, a detailed quotation will be sent to the Client.
Under no circumstances may a User require the application of discounts no longer in force on the day of the Order.
The User may place an Order when connected to the Site. He must complete an automated price calculation form and can then access the summary of his virtual shopping cart to confirm the Services he wishes to order and make his Order by pressing the “Order” button.
To place an Order, he/she must send the document to be translated, select the desired language pair, indicate the delivery time and the service level. Then, he will have to fill in his complete contact details as well as a valid payment method in order to finalize the order and effectively form the sales contract between him and the Company.
An Order is recorded on the Site when the Customer accepts the General Terms and Conditions of Sale by ticking the box provided for this purpose and validates his Order. This validation constitutes proof of the sales contract. The finalization of the Order implies the acceptance of the prices and terms of performance of the services as indicated on the Site.
Once the Order has been placed, the Customer will receive confirmation by e-mail. This confirmation will summarize the Order and information relating to the performance of the service(s).
In the event of non-payment, incorrect address of the Customer or other problems on the Customer’s account, the Company reserves the right to block the Customer’s order until the problem is resolved. In the event that it is impossible to carry out the service, the Client will be informed by e-mail to the address provided to the Company. The cancellation of the order of this service and its refund will be made in this case, the rest of the order remaining firm and final.
In the event of cancellation of an Order accepted by the Company before the scheduled date of provision of the Service for reasons other than force majeure, the Company reserves the right to retain 40% of the amount excluding VAT of the Order as damages for the damage suffered.
The Company may grant the Customer price reductions, discounts and rebates based on the number of Services ordered or the regularity of the Orders, in accordance with the conditions set by the Company.
7. Payment terms and conditions
Unless otherwise specified, all sales are paid in cash at the time of the signing of the Order.
Depending on the nature or amount of the Order, the Company remains free to require a down payment or payment of the full price when placing the Order or when receiving the invoice.
Payment can be made by: Bank transfer, Credit card, Invoice, Paypal.
In the event of non-payment of all or part of the services on the date agreed on the invoice, the Client shall pay the Company a late payment penalty at a rate equal to the rate applied by the European Central Bank for its refinancing operation plus 10 percentage points.
The financing transaction selected is the most recent on the date of the Order for Services.
In addition to the late payment compensation, any sum, including the deposit, not paid on its due date shall automatically give rise to the payment of a fixed compensation of 40 euros due for recovery costs.
In the event of non-payment of all or part of the services on the date agreed on the invoice, the Client will have to pay the Company a late payment penalty at a rate equal to the legal interest rate.
No compensation may be made by the Client between penalties for delay in providing the services ordered and amounts due by the Client to the Company in respect of the purchase of Services offered on the Site.
The penalty due by the Client, Professional or Consumer, is calculated on the amount including all taxes of the remaining amount due, and runs from the due date of the price without any prior formal notice being necessary.
In the event of non-compliance with the payment terms described above, the Company reserves the right to cancel or suspend the sale.
8. Performance of services
The services ordered on the Site will be provided by: The Company.
The Company undertakes to use all human and material resources to carry out the service within the time limits announced at the time the Order is placed. However, it can under no circumstances be held liable for delays in the performance of services caused by faults for which it is not responsible.
If the services have not been carried out within the prescribed period, the Customer may request the cancellation of the sale under the conditions provided for in Articles L216-2 and L216-3 of the french Consumer Code. The sums paid by the Client will be returned to him at the latest within fourteen days following the date of termination of the contract.
This provision does not apply when the Company’s delay is due to a fault of the Client or to a case of force majeure, i.e. the occurrence of an unforeseeable, irresistible event beyond the Company’s control.
In the event that the performance of a physical service could not have been carried out or would have been postponed due to an error on the address indicated by the Client, the travel expenses of the service provider mandated by the Company to carry out the unsuccessful service will be the responsibility of the Client.
For all Orders placed on this Site, the Customer has a right of complaint of 7 days from the date of provision of the Service.
To exercise this right of complaint, the Client must send the Company, at the address email@example.com, a declaration in which he expresses his reservations and complaints, together with the relevant supporting documents.
A complaint that does not comply with the conditions described above will not be accepted.
After examination of the claim, the Site may, if necessary, replace or refund the service of Services as soon as possible and at its own expense.
10. Consumer’s right of withdrawal
The Consumer has a right of withdrawal of 14 days from the placing of the Order, except for the products mentioned in Article L221-28 of the french Consumer Code as reproduced below:
“The right of withdrawal may not be exercised for contracts:
1° The provision of services fully performed before the end of the withdrawal period and whose performance has begun after prior express agreement of the consumer and express waiver of his right of withdrawal;
2° The supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the trader and likely to occur during the withdrawal period;
3° The supply of goods made according to the consumer’s specifications or clearly personalised;
4° The supply of goods likely to deteriorate or expire quickly;
5° The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° The supply of goods which, after having been delivered and by their nature, are inextricably mixed with other articles;
7° The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the trader;
8° Maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
9° The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
11° Concluded at a public auction;
12° the provision of accommodation services, other than residential accommodation, transport services, car rental, catering or leisure activities, which must be provided by a specified date or period;
13° The provision of digital content not provided on a material medium, the execution of which has begun after prior express consent of the consumer and express waiver of his right of withdrawal.”
To exercise this right of withdrawal, the Consumer sends a declaration to the address: firstname.lastname@example.org.
He will be reimbursed for all fees paid for the provision of services within 14 days of the Company’s receipt of his withdrawal declaration. The refund will be made by the same method of payment as the one used at the time of purchase.
However, if the provision of services has already begun on the date on which the Company becomes aware of the withdrawal, the value corresponding to the provision of the service already performed will be deducted from the refund. The latter will be carried out by the same means of payment as for the purchase.
11. Processing of personal data
Registration on the Site involves the processing of the Customer’s personal data. If the Customer refuses to process his data, he is asked to refrain from using the Site.
This processing of personal data is carried out in compliance with the General Regulations on the Data Protection 2016/679 of 27 April 2016.
In addition, in accordance with the French Data Protection Act of 6 January 1978, the Client has the right to access, modify, rectify, modify and oppose all his personal data at any time by writing, by post and by proving his identity, to the following address: email@example.com.
This personal data is necessary for the processing of his Order and the preparation of his invoices, if any, as well as for improving the functionalities of the Site.
12. Sharing of collected data
The Site may use third party companies to perform certain operations. By browsing the Site, the Client accepts that third parties may have access to his data to ensure the proper functioning of the Site.
These third party companies have access to the data collected only for the purpose of performing a specific task.
The Site remains responsible for the processing of this data.
In addition, the User may therefore receive information or commercial offers from the Company or its partners.
The User may at any time object to the receipt of these commercial offers by writing to the Company’s address indicated above, or by clicking on the link provided for this purpose in the e-mails received.
In addition, Customer information may be transmitted to third parties without their express prior consent in order to achieve the following purposes:
– comply with the law
– protect any person from serious bodily harm or even death
– fight against fraud or harm to the Company or its users
– protect the Company’s property rights.
13. Data protection and privacy
The Company ensures an appropriate level of security proportionate to the risks incurred and their probability, in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016.
However, these measures do not constitute a guarantee and do not commit the Company to a performance obligation regarding data security.
To enable its Users to benefit from optimal navigation on the Site and better functioning of the various interfaces and applications, the Company may install a cookie on the User’s computer. This cookie makes it possible to store information relating to navigation on the Site, as well as any data entered by Users (in particular searches, login, email, password).
The User expressly authorizes the Company to place a file called a “cookie” on the user’s hard disk.
The User has the possibility to block, modify the storage period, or delete this cookie via the interface of his browser. If the systematic deactivation of cookies on the User’s browser prevents him from using certain services or features of the Site, this malfunction shall in no way constitute damage to the member, who shall not be entitled to any compensation as a result.
15. Amendments to the Regulations
The Company reserves the right to modify the Site, the services offered on it, the GTC/CGU as well as any delivery procedure or other element constituting the services provided by the Company through the Site. When placing an Order, the User is subject to the provisions of the GTC/CGU in force at the time the Order is placed.
The Company cannot under any circumstances be held liable for the unavailability, whether temporary or permanent, of the Website and, although it uses all means to ensure the service at all times, it may be interrupted at any time. In addition, the Company reserves the right, by a voluntary act, to make the Site unavailable in order to carry out any update, improvement or maintenance operation.
As previously mentioned herein, the Company shall in no event be liable for delays in the performance of a service for reasons beyond its control, beyond its control, unforeseeable and irresistible or for which it cannot be held responsible.
The Company declines all responsibility for content produced, corrected or translated via its Services.
You acknowledge that you are using the Services as is and agree that the Services may be provided to you as is and subject to availability. In particular, the Company does not guarantee under any circumstances:
– that your use of the Services will comply with your requirements;
– that your use of the Services will be uninterrupted, possible at all times, safe and error-free;
– that all information obtained as a result of your use of the Services will be accurate or reliable;
– that defects in the functioning or availability of the Services will be corrected.
In addition, the Company expressly excludes all warranties and conditions of any kind, express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
The Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, however caused or alleged, including, without limitation, loss of profits (direct or indirect), loss of reputation or reputation, loss of data that you may suffer, costs of providing substitute goods or services or any other non-material loss.
In any event and regardless of the nature of the damage suffered, the Client expressly acknowledges that the Company’s liability may not exceed, in any event, the amount paid by the Client for the performance of the Service concerned.
17. Customer’s responsibility
You agree to indemnify, defend and hold the Company, its employees, officers and partner companies harmless from any claim or dispute arising from the misuse of our Services, or from any breach of these Terms.
The Client shall be liable for all damages that may be caused by it to the Company, its employees, officers and partner companies and undertakes to indemnify the Company, its employees, officers and partner companies for any direct or indirect damage they may suffer as a result of the Client’s failure to fulfil its obligations.
The Client shall thus be required to indemnify the Company, its employees, officers and partner companies against the direct and indirect consequences of any claims and actions, of any nature whatsoever, civil or criminal, that may be brought or presented by a third party relating to the misuse of the Services by the Client or to the latter’s non-compliance with these Conditions, without being able to rely on any limitation of liability or any compensation cap.
18. Intellectual Property
The brand, logo, and graphic charter of this Site are the exclusive property of the Company. Any distribution, exploitation, representation, reproduction, whether partial or complete, without the express authorization of the said company will expose the offender to civil and criminal proceedings.
19. Jurisdiction clause
The law governing the GTC/CGU is French law. Any dispute that may arise between the Company and a User during the execution of the present contract shall be the subject of an attempt to resolve it amicably. Failing this, disputes will be brought to the attention of the competent French courts under ordinary law.
The Client is informed that he may resort to conventional mediation, with the Consumer Mediation Commission provided for in Article L534-7 of the french Consumer Code or with existing sectoral mediation bodies. It may also use any alternative dispute resolution mechanism in the event of a dispute.
20. Pre-contractual information
Prior to his Order, the Customer acknowledges that he has received, in a readable and understandable manner, the General Terms and Conditions of Sale and the information and intelligence provided for in Articles L111-1 to L111-7 of the french Consumer Code, and in particular:
– the essential characteristics of the Services;
– the price of the Services;
– the date or period by which the Company undertakes to provide the Service;
– information relating to the Company’s identity (postal, telephone, electronic contact details);
– information relating to legal and contractual guarantees and their implementation;
– the possibility of using conventional mediation in the event of a dispute;
information relating to the right of withdrawal (deadline, exercise modalities).
The placing of an Order on the Site implies acceptance and acceptance of the GTC/CGU. The Client may not rely on a contradictory document.