Terms of Sales

 

 

Article 1: object

This contract is a service contract aimed at carrying out a personalized genealogical study. The genealogist undertakes to carry out the most complete research possible, based on the available archival documents, and in compliance with legal texts. He will do everything possible to obtain the expected results.

 

Article 2: Price and payment terms

The services defined in article 1 above will be invoiced to the customer as follows:

• seven euros (€7) per civil status document mentioned for a document search

• thirty euros (€30) per hour of work excluding research of acts

The amounts due for the service will be paid by check or transfer, no later than 10 calendar days from the issue of the invoice.

VAT is not applicable, under article 293 B of the CGI. Shipping costs are extra.

Any trips outside the Ille-et-Vilaine department are invoiced in addition, and will be the subject of a prior estimate which must be validated by the customer.

 

Article 3: Withdrawal period

Article L221-18 of the Consumer Code allows consumers to have a withdrawal period of 14 days to change their mind in the event of a purchase via the internet or by telephone. This period of 14 days runs from the day the contract is concluded.

 

Article 4: Execution of the service

The service provider undertakes to carry out the task specified in article 1, in accordance with the rules of the art and in the best manner. The service will be carried out at the service provider's home, and possibly in other places (municipal, departmental archives, town halls, etc.) if the service provider deems it useful.

 

Article 5: Obligation of confidentiality

Archived civil status data are subject to specific disclosure deadlines: 75 years for birth and marriage registers, 25 years for death registers. The service provider undertakes not to disseminate information from registers of lesser seniority than the deadlines indicated, knowing that this same data may also concern other customers and therefore be integrated into other family trees. Only the link established between the client and the other people constituting his family tree cannot be reused without his explicit consent. With regard to data whose age exceeds the aforementioned deadlines, the service provider considers that they are of a public nature, and therefore free to distribute.

In accordance with article 34 of the “Informatique et Libertés” Law of January 6, 1978, the customer has the right to access, modify, rectify and delete data concerning him. 

 

Article 6: Obligation of the parties

The customer will make available to the service provider all information that may contribute to the successful achievement of the purpose of this contract. For its part, the service provider is bound by an obligation of means, and not an obligation of results.

 

Article 7: Ownership of results

By express agreement, the results of the study will be in full control of the client, from full payment of the service and the client will be able to dispose of them as he wishes, in compliance with the regulations on data communicability public information held by archive services.

With regard to any images transmitted, the customer undertakes to keep the indication of the sources. Any reuse of these images (publication, distribution on the Internet, etc.) is subject to the prior agreement of the archive service holding the original images, the service provider cannot under any circumstances be held responsible for such distribution.

 

Article 8: Force majeure

Each Party will be exempt from any liability in the event of a total or partial failure, even temporary, to fulfill one or other of its obligations arising from this Agreement, which would be caused by a case of Force Majeure. For the purposes of the Convention, Force Majeure is defined as an event of an insurmountable and irresistible nature, resulting from an event beyond the control of the parties, which consists of an event or series of events of a climatic, pandemic, bacteriological, military, political or diplomatic.

 

Article 9: Responsibilities

The customer agrees that, whatever the basis of his complaint and the procedure followed to implement it, the possible liability of the service provider due to the execution of the obligations provided for in this contract, will be limited to an amount not exceeding the total amount actually paid by the client, for the services or tasks provided by the service provider. Furthermore, the customer waives the right to seek liability from the service provider in the event of damage to any document he has entrusted to him. The client agrees that the service provider will not incur any liability for any loss of profits, commercial disruption or demands that the client may suffer; requests or complaints made against the customer and emanating from any third party.

 

Article 10: Clause relating to the conditions and consequences of the resolution

The contract may be canceled if the customer does not pay the amount set by clause no. 2 ten days at the latest after issue of the invoice. Payment of a fraction of the price constitutes absence of payment and authorizes the service provider to request termination of the contract. In the event of an emergency, the creditor may take the initiative of declaring the contract terminated at his own risk.

 

Article 11: Disputes

In the event of a dispute, the consumer mediator with the Union Généalogistes de France and professional genealogists is Mr. Gérard GAUCHER.

Email address: contact@mediateurconso-genealogistesfrance.fr.

Postal address: 51 Chemin des grands moulins – 69400 GLEIZE

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