Terms and conditions of sale of Alphatrad France S.A.S

PROVISIONS COMMON TO PROFESSIONALS AND INDIVIDUALS

ARTICLE 1 – DEFINITIONS

The following definitions apply in the context of these Terms and Conditions of Sale (TCS):

ALPHATRAD FRANCE: Simplified joint stock company with a sole shareholder (SASU) with capital of 1,000,003 €, registered at the Commerce and Business Registry of Evry under number B323 161 810, having its registered office at 15, rue du Roussillon 91220 Brétigny-sur-Orge

Customer: the legal entity acting in the exercise of a profession, or a company or natural person meeting the legal qualification of Consumer, under the HAMON LAW of 17 March 2014, with which ALPHATRAD FRANCE establishes a contract to provide services of translation, interpretation, interpretation by telephone or video conference, voice dubbing, subtitling or transcription of audio files.

Service(s): translation, interpretation, interpretation by telephone or video conference, post-editing from a pre-translation provided by the customer or a file generated by a machine translation (MT) tool including Artificial Intelligence (AI), voice dubbing (voice-over and voice-over), subtitling and transcription of audio files offered by ALPHATRAD FRANCE to the Customer as part of an offer or a contract established between ALPHATRAD FRANCE and the Customer.

Contract: the contract established between ALPHATRAD FRANCE and the Customer, for the provision, by ALPHATRAD FRANCE, of services of translation, interpretation, interpretation by telephone or video-conference, voice dubbing, subtitling or transcription of audio files for a price to be paid by the Customer.

ARTICLE 2: SCOPE OF APPLICATION

These TCS constitute the sole basis of the relationship between the parties. They can be viewed on the ALPHATRAD FRANCE website: https://www.alphatrad.fr

They are intended to define the conditions under which ALPHATRAD FRANCE provides the Customer, upon request, via the website https://alphatrad.fr, by email or on paper sent directly to ALPHATRAD FRANCE, with Services of translation, interpretation, interpretation by telephone or by video conference, post-editing, voice dubbing, subtitling and transcription of audio files.

The Customer declares to have read these TCS and to have accepted them before implementation of the ordering procedure. It also acknowledges having the capacity to establish a contract and acquire the Services offered by ALPHATRAD FRANCE.

These TCS apply in their entirety and under the conditions stated in article 20 hereof and, in particular, without restriction or reservation, to all Services rendered by ALPHATRAD FRANCE to Customers, regardless of the clauses that may appear in the documents of the Customer and, in particular, its terms and conditions of purchase.

In case of invalidity of one or more provisions of these TCS, the other provisions remain applicable. It is also expressly stated that these TCS may undergo subsequent modifications. In this case, ALPHATRAD FRANCE will inform the Customer in writing, at least one month before the change takes effect. Unless the Customer raises an objection within two weeks following the date of dispatch of the written notification, the Customer is deemed to have tacitly accepted the modification made.

ARTICLE 3 – ORDERS AND ESTABLISHMENT OF THE CONTRACT

Offers made by ALPHATRAD FRANCE, either verbally or in writing, are not binding. Offers are notably understood as attachments, such as price lists, brochures or other information relating to the Services offered by ALPHATRAD FRANCE and brought to the attention of the Customer, in writing or verbally.

The Customer selects the Services that it would like to order. It is pointed out that the choice and purchase of a Service are solely the responsibility of the Customer. It is, therefore, up to the Customer to check the accuracy of the order before sending it in writing to ALPHATRAD FRANCE by email, fax or post.

Sales of Services are only complete, as intended in article 1583 of the Civil Code, after establishment of a quote and express acceptance of said quote by the Customer by means of a purchase order and payment of the deposit requested of the Customer by ALPHATRAD FRANCE to confirm the order. The deposit requested from the Customer may in no case be qualified as a non-refundable deposit.

The quote is valid for 30 calendar days, unless otherwise specified in the quote. In accordance with the terms stated in article 6 hereof, the quote indicates the amount of the deposit to be paid by the Customer, the deadline for execution and the terms of delivery. It is expressly specified that the Customer who has not confirmed the order according to the terms of the quote of ALPHATRAD FRANCE may not require that the services reflected in the quote be performed by ALPHATRAD FRANCE. Furthermore, the quote which is not confirmed by the Customer within 48 hours of its date of issue by ALPHATRAD FRANCE may require an adjustment of the time necessary for performance of the Service, without modification of the period resulting in payment of any compensation on the part of ALPHATRAD FRANCE.

ARTICLE 4 – CONDITIONS FOR REFUND OF THE DEPOSIT PAID UPON ORDER CONFIRMATION

Any order confirmed by the Customer in the forms and conditions expressly provided for in article 3 hereof leads to full payment for the Services under the conditions stated in article 5 of these Terms and Conditions, without the possibility for the Customer to retract his/her order or cancel it and require, in particular, refund of the deposit paid at the time of order confirmation.

In the event that, upon confirmation of the order by the customer in the forms and under the conditions expressly provided for in article 3 of these TCS, ALPHATRAD FRANCE is no longer able to provide the Services in accordance with the quote communicated and accepted by the Customer, it will:

• first of all, propose a new quote to the Customer which the latter will remain free to accept or refuse;
• secondly, and only in the event that the new quote proposed has been refused by the Customer, proceed with immediate reimbursement of the deposit paid by the Customer without the possibility for the latter to claim the payment of any additional compensation.

ARTICLE 5 – PRICES

The Services are provided at the prices of ALPHATRAD FRANCE in effect on the day of placement of the order, according to quotes established beforehand by ALPHATRAD FRANCE and accepted by the Customer under the conditions stated in article 3 hereof. Prices are expressed in Euros and include VAT for Consumer Customers; they are expressed excluding tax for Business Customers. An invoice is established by ALPHATRAD FRANCE and remitted to the Customer when Services are provided. ALPHATRAD FRANCE reserves the right to modify the agreed prices at any time, before establishment of the Contract.

Modification of the agreed prices may also take place at any time during execution of the Contract if the Customer modifies the order placed. Until the Contract is fully executed ALPHATRAD FRANCE is authorised to increase the agreed prices by costs resulting from measures taken by the public authorities.

ARTICLE 6 – CONDITIONS OF PAYMENT FOR THE SERVICES

In accordance with articles 3 and 5 hereof, the price of the Services is established on the basis of a quote which is payable in advance, unless otherwise agreed. A deposit for the total price of the Services will be required upon confirmation of the order and the balance shall be due before the start of the Service. Unless otherwise agreed, the Customer shall have paid the full price of the Services prior to commencement of the Services and no later than the day scheduled for such Services to be provided. If the full amount due for the Services is not paid on the day they are provided, the deposit will be deemed as definitively acquired by ALPHATRAD FRANCE. Moreover, ALPHATRAD FRANCE reserves the right not to provide the Services and to request payment for the entire Service by any legal means.

Any late payment automatically leads to the application of late penalties equal to 3 times the legal interest rate and a set fee, as compensation for collection costs, in the amount of 40 euros (Art. L.441-6 and D.441-5 of the Code of Commerce). If the collection costs incurred are greater than the amount of this set fee, ALPHATRAD FRANCE may request additional compensation with supporting documentation (Article 441-6 paragraph 12 of the Code of Commerce).

ARTICLE 7 – EXECUTION OF THE CONTRACT 

All orders are accepted and executed exclusively by ALPHATRAD FRANCE, even if the express or implicit intention is for an order to be executed by a specific person within ALPHATRAD FRANCE. After establishment of the Contract, ALPHATRAD FRANCE will undertake the translation work in accordance with the specifications agreed with the Customer under the Contract.

The Customer is required to do, or cause to have done, all that is reasonably necessary and desirable to permit punctual and correct performance of the Contract.

This also implies fulfilling ALPHATRAD FRANCE’s requests to provide additional information for proper performance of the Contract.

ALPHATRAD FRANCE is authorised, for the purposes of proper performance of the Contract, to have the work performed by third parties.

In the context of requests for quotes or translation services, including translation, post-editing or any other work on pre-translated texts, ALPHATRAD may use, in addition to the intervention of human translators, translation assistance tools, such as internal software, external programs, or public language platforms, in order to obtain the best possible result.

In the absence of express indication from the requester or the customer that he/she does not wish the documents to be processed using these tools, the customer acknowledges giving his/her express consent to use these technical means.

For any question or objection to the use of these tools, the customer is invited to notify ALPHATRAD in writing before completion of the quote or service.

ARTICLE 8 – MODIFICATIONS OF THE CONTRACT AND ADDITIONAL WORK REQUIRED BY THE CUSTOMER

Additional agreements or subsequent modification as well as concessions made verbally by ALPHATRAD FRANCE staff shall be binding on the latter only from the time they are confirmed in writing by ALPHATRAD FRANCE by e-mail, fax or post. Similarly, any modifications to the order by the Customer may only be taken into account by ALPHATRAD FRANCE to the extent of its possibilities. In the event that ALPHATRAD FRANCE takes the modifications requested by the Customer into account, these will result in establishment of a new quote and adjustment of the price. In such a situation, the Customer will be required to pay the adjusted price. It is expressly stated that, depending on the progress of the work or if it is impossible to grant the requests for modifications submitted by the Customer after establishment of the Contract, ALPHATRAD FRANCE will not be able to proceed with the modifications requested by the Customer.

In this case, ALPHATRAD FRANCE is authorised to terminate the Contract, without owing any compensation to the Customer.

In such a case, the deposit paid by the Customer is retained by ALPHATRAD FRANCE, which may also invoice the Customer for a prorated amount based on the number of words already translated.

ARTICLE 9 – TERMS OF PROVIDING SERVICES

1. Communication of the technical glossary specific to the interpreter’s field of intervention

The Customer is expressly informed that the interpreters made available to it in the context of providing the Services are not technicians who master the specific vocabulary required in the field(s) of activity in which the interpretation service is requested.

As a result, in the context of providing the Services, the technical and sector-specific vocabulary of the Customer as well as in-house jargon are not guaranteed by ALPHATRAD FRANCE.

In this context, the Customer must spontaneously provide to ALPHATRAD FRANCE, at least eight (8) days before the start of the Services, all documentation necessary to effectively provide the Services. This necessary documentation notably includes the technical glossary and specific vocabulary used in the area of expertise concerned by the Services to be provided.

Should the Customer fail to provide a glossary at least 8 days before the start of the Services, it is customary for the interpreter to use standardised technical terms without this being enforceable against it.

• Billing for Remote Interpreting Services

Interpretation by telephone is billed in 15-minute increments.

Interpretation by video conference is billed in one-hour increments.

Any hour started is billed for the full hour.

Remote interpretation services are provided by appointment. Invoicing starts at the exact time of the appointment. However, an appointment cancelled at least 48 hours in advance will not be charged.

The first part of the price will be charged for:

• Any appointment that has not been cancelled 24 hours in advance;
• Any appointment for which the Customer does show up.
• Costs related to the performance of On-site Interpretation Services:

Unless otherwise agreed, all costs for coming to the place of service remain the responsibility of the Customer and will be billed at the cost price (airplane, train, taxi, accommodation, meals and others).

The Customer agrees to pay them upon receipt and with presentation of supporting documents.

• Hours for providing on-site interpretation Services

Lunch or dinner breaks, if these times are included in the schedules for providing the Services, are taken into account in the actual schedules for providing the Services.

More specifically, when an interpreter is brought, in the context of providing the Services, to lunch or dinner with the Customer, this lunch or dinner time will be considered as effective time of providing the Service. Upon request, the Customer must sign the interpreter’s attendance sheet.

• Insurance of the Customer for risks related to performance of the Services for on-site interpretation

The Customer declares to be insured for the risks relating to execution of the Services.

In particular, this insurance must cover the interpreter against the risks of accidents at the site of the assignment and, throughout its duration, bodily harm, civil liability, etc.

• Damage or loss of interpretation equipment made available to the Customer

If interpretation equipment (such as booths, microphones, headphones, etc.) is made available to the Customer, the latter remains under its full responsibility from delivery until it is picked up. Any damage or loss will be invoiced at the cost established by ALPHATRAD FRANCE, which leases the equipment.

• Extension of the duration of the Services due to the Customer

In the event that the period for providing the Services is extended due to circumstances attributable to the Customer, the latter must bear the resulting consequences.

These consequences include:

• the payment of overtime in connection with providing the Services according to the price mentioned in the quote accepted by the Customer;
• reimbursement, upon first presentation of supporting documents, of the interpreter’s transport costs (air or train tickets) resulting from extension of the period for providing the Services;
• reimbursement, upon first presentation of supporting documents, of the interpreter’s living expenses, and of the fees if the latter is obliged to remain at the place of the assignment due to an extension of the period for providing the Services.
• Conversation Recording

In the context of providing Interpretation Services, if the Customer requests that conversations be recorded, it must inform all the participants in the conversation beforehand and obtain their consent in writing. ALPHATRAD FRANCE will only make this recording for the possible needs of transcription and after having received confirmation from the Customer that it has received the agreement of each of the participants and their written consent. ALPHATRAD FRANCE accepts no responsibility for proper authorisation, in due form, from each of the participants. In order to comply with regulations on the protection of personal data, ALPHATRAD FRANCE will not provide the recording to the Customer and will proceed with destroying it after delivery of the translation to the Customer.

1. Conscience clause

The interpreter cannot be required to provide services for an activity or a situation that is clearly contrary to public policy or morality.

ALPHATRAD FRANCE reserves the right to refuse translation requests if it considers that the content is contrary to the law.

If it turns out, in particular, that during liaison translation services done online or by telephone, the interpreter is confronted with a situation that seems to him/her to be contrary to legality or morality, he/she may interrupt the liaison after having informed those involved of his/her decision. Under no circumstances may ALPHATRAD FRANCE be held liable, in particular for having put an end to exchanges whose content is likely to violate the law.

ARTICLE 10 – INTELLECTUAL PROPERTY

The intellectual property rights of ALPHATRAD FRANCE relating to the Services performed for the Customer are the exclusive property of ALPHATRAD FRANCE. ALPHATRAD FRANCE remains the owner of the rights of use until full payment of the invoice and the Customer may not use the Service until full payment of the invoice. After full payment for the Service, the Customer may use and/or exploit these intellectual property rights over the Service under the conditions provided for in the quote: either the rights are for free use, on any medium and without limitation of duration, or they are for restricted use.

ARTICLE 11 – SPECIAL CONDITIONS RELATED TO THE NATURE OF CERTAIN SERVICES

A. INTERPRETATION SERVICE

Depending on the Services, several types of interpretation may be made available to the Customer:

LIAISON OR CONSECUTIVE INTERPRETATION: with liaison on consecutive interpretation, the interpreter is responsible for liaising between two parties who do not speak the same language. The speaker(s) must stop to allow time for the interpreter to translate the content of the conversation. This technique is used in business meetings, training or coaching, face-to-face, by telephone or remotely.

The interpreter may, if necessary, remind the speakers that he/she cannot interpret words expressed simultaneously. In particular, he/she may refuse to continue the service after informing the participants of the difficulty encountered, in order to control the session in the event of non-compliance with successive speaking times.

With regard to liaison or consecutive interpretation, on-line or by telephone, the customer shall provide the interpreter(s) with the connection link to the video conference, or the connection number to the conference call, sufficiently in advance.

In that ALPHATRAD FRANCE is in no way a supplier of the technical means, it declines all responsibility for the quality of the link, any link cut-offs or the poor quality of images.

SIMULTANEOUS INTERPRETATION (IN A BOOTH): with simultaneous interpretation, the interpreter works in a soundproof booth with at least a second interpreter because the continuous work time is limited to 20 minutes and the interpreters must take turns.

The speaker speaks into a microphone connected to the interpreter who has an earphone and instantly speaks the content of the speech into a microphone. The content of this speech is reflected in the audience’s earphones in the language concerned.

B. VOICE DUBBING SERVICES

With regard to Voice Dubbing Services, the prices stated in the quote are based on the information provided by the Customer, namely the duration of the original file, or even the number of characters of the text, the type of voice, the languages and processing of the audio file. The Services of ALPHATRAD FRANCE are for free use on any medium without limitation of duration, unless otherwise stated in the quote.

ALPHATRAD FRANCE reserves the right to revise the quote if certain operations have not been foreseen or if the Customer makes editing changes.

For any order, the Customer validates a voice. If, after return of the file, this voice no longer satisfies the Customer, the amount of the invoice will nevertheless remain due.

A new quote will be prepared for a new recording. If the Customer requests the integration of sound media such as music or other, it must ensure that the rights of rightsholders, particularly the SACEM, authors, publishers or composers, are respected. ALPHATRAD FRANCE can never be concerned in this regard.

The order will only be accepted after receipt of the signed quote accompanied by the order, if necessary, at its establishment and possibly accompanied by payment of the deposit.

The delivery method is mainly by EMAIL with an MP3 or MP4 file, unless otherwise indicated in the quote.

Complaints concerning the Service must be sent within 5 days after delivery.

C. POST-EDITING SERVICE

Post-editing refers to proofreading, verification and correction of a file generated from a machine translation (MT) tool, from a source file.  For any post-editing service, the customer agrees to provide ALPHATRAD FRANCE with the source file, and to specify the tool used to do the MT. 

The service of ALPHATRAD FRANCE notably consists of comparing the text provided to the source file, checking its coherence, the absence of misinterpretation and, in general, improving the editorial quality of the translation generated by the MT tool.

ALPHATRAD FRANCE will ensure that the final translation is more faithful to the source file than the result from the MT tool. It is possible that the final version provided by ALPHATRAD FRANCE will be close to the version of the file generated by the MT tool provided by the customer, without this being able to call into question the quote accepted by the customer, since the main interest of the service lies in the verification and proofreading work.

In case of disagreement of the Customer on the modifications to the file generated by the MT tool, ALPHATRAD FRANCE will work with the customer to obtain wording that suits him/her, while also respecting the source document. ALPHATRAD FRANCE reserves the right to refuse translated text that does not comply with the source file, despite a translation by the MT tool that is more in line with the Customer’s wishes.

D. STYLE AND TERMINOLOGY

For post-editing and for translation, the role of ALPHATRAD FRANCE consists of verifying or translating a document from one language to another, without contradiction and in a version that is most faithful to the original text. As a result, any complaints about style will not be taken into consideration. With regard to terminology, it is customary to use standardised terms that can be justified by technical dictionaries.

In the event of a dispute and if the customer persists in his/her disagreement, the translated and disputed versions will be submitted to a judicial expert chosen by mutual agreement from the list of sworn judicial translators of the Court of PARIS. The costs will be advanced by the customer and reimbursed by ALPHATRAD FRANCE if it turns out that the customer’s complaint is justified.

ARTICLE 12 – LIABILITY OF ALPHATRAD FRANCE – GUARANTEE

ALPHATRAD FRANCE agrees to provide Services that meet an acceptable level of quality, subject expressly to performance of the obligation made to the Customer in Article 9. a) hereof.

The Customer is informed that an interpreter cannot be refused by the Customer due to his/her accent, as long as the latter correctly masters the languages required for providing the Services.

If a Customer is not satisfied with an interpreter, ALPHATRAD FRANCE must be informed within 4 hours after the start of the Services.

The Customer must specify, by email, in a detailed, clear and precise manner, the reasons that led him/her to not accept the interpreter’s service.

In such a situation, ALPHATRAD FRANCE agrees to do its utmost to replace said interpreter, to the extent that replacements are available.

The impossibility of replacing the interpreter revoked by the Customer due to the absence of an available replacement is considered a case of force majeure.

As such, ALPHATRAD FRANCE cannot be required to remedy the inconvenience caused by this express case of force majeure.

Any dispute about the quality of the Services must be sent by registered letter with acknowledgment of receipt within 8 days following the date of performance of the Service.

The complaint letter must be detailed and concrete and verifiable elements must be provided to support it. No complaint may form the basis of refusal to pay for the Services and no compensation may be claimed from ALPHATRAD FRANCE. The liability of ALPHATRAD FRANCE is strictly limited to the Services provided.

It follows that the amount of ALPHATRAD FRANCE’s liability is limited to the amount of the invoice or the amount estimated by the insurance company which covers its liability.

ARTICLE 13 – FORCE MAJEURE – CONFIDENTIALITY

1. Force majeure

ALPHATRAD FRANCE cannot be held responsible for delays or absences of the interpreter due to cases beyond his/her control, such as delays by the SNCF or other rail, land or air carriers, traffic accidents, traffic slowdown due to strikes or demonstrations or any other events beyond its control.

In the event of total absence of the interpreter due to transport following a case of force majeure, 50 % of the fees and expenses will be covered by the Customer.

Concerning interpretation by telephone, during a video conference or online (Zoom, Microsoft Teams or equivalent), through a telecommunications operator, ALPHATRAD FRANCE cannot be held responsible for the poor quality of telephone connections or of the conference line system, or for network failures, notably telephone or Internet. Consequently, line breaks or other interruptions cannot be attributed to it.

In the event of unexpected illness, justified by sick leave established by a doctor before or during the Services, ALPHATRAD FRANCE will do its utmost to replace the interpreter.

The impossibility of replacing an interpreter on sick leave due to the absence of an available replacement is considered to be a case of force majeure.

As such, ALPHATRAD FRANCE cannot be required to remedy the inconvenience caused by this case of force majeure.

Nevertheless, billing will not be issued for the portion of the Services not provided. On the other hand, any equipment rental and travel costs incurred will be billed to the Customer.

• Confidentiality

ALPHATRAD FRANCE agrees to respect confidentiality concerning all documents entrusted to it as well as the content of the comments made while the Services are being provided.

ALPHATRAD FRANCE agrees to obtain the same commitment from its translators, interpreters, dubbers or any person who has performed a Service or participated in the Service.

• Use of translation tools – limitation of liability

ALPHATRAD agrees to use translation assistance tools in accordance with confidentiality standards in effect, notably the provisions of the General Data Protection Regulation (GDPR).

The customer is informed that translation assistance tools using AI developed outside the European Union are subject to constantly evolving regulations and that data protection, as intended in the European regulation known as the GDPR, cannot necessarily be ensured, even if laws outside the EU tend to set the legal framework for personal data.

The customer acknowledges and accepts that, in the context of use of these translation assistance tools, ALPHATRAD cannot be held responsible for any breaches of confidentiality or compliance with the GDPR clauses attributable to these public external tools or to third-party suppliers.

ARTICLE 14 – PERSONAL DATA

Personal data sent by Customers to ALPHATRAD FRANCE is collected and stored in a secure manner through computer and physical security measures. This data is kept in files that may only be accessed by employees of ALPHATRAD FRANCE. 

By contacting ALPHATRAD FRANCE, even for a simple request for Services, Customers and visitors to the https://www.alphatrad.frwebsite accept that their email address, last name and first name and information relating to the Services requested will be stored by ALPHATRAD FRANCE. This data is used, on one hand, to send the quote, information and updates about your order and, on the other hand, to send occasional information on the language services of ALPHATRAD FRANCE. This data may be communicated to any partners of ALPHATRAD FRANCE responsible for the implementation, processing, management and payment of orders. It is never communicated to a third party for advertising purposes.

Data subjects have the possibility at any time to unsubscribe or to have their data erased or rectified at the following address: info@alphatrad.com.

ALPHATRAD FRANCE informs data subjects about any security breach and the measures taken to remedy it within 30 following its occurrence.

Data is kept for 5 years plus the current year. If, at the end of this period, no business relationship is established, it will be automatically deleted from the servers.

The data is stored in an external data centre located in a member country of the European Union, in accordance with regulations on the protection of personal data.

ARTICLE 15 – APPLICABLE LAW – LANGUAGE

These TCS and the operations which result from them are governed by French law.

These TCS are drafted in the French language.

In the event that it is translated into one or several foreign languages, only the French text shall prevail in any disputes.

SPECIAL PROVISIONS APPLICABLE TO INDIVIDUALS

ARTICLE 16 – RIGHT OF RETRACTION FOR CONTRACTS ESTABLISHED REMOTELY

In the case of the Contract established remotely, the Customer has, in accordance with the law, a retraction period of 14 days following establishment of the Contract. Within this period, the Customer may exercise his/her right of retraction with ALPHATRAD FRANCE and cancel the order, without having to justify any reason or pay any penalty, by sending an email to info@alphatrad.com expressing the unambiguous wish to retract his/her decision.

The Customer’s exercise of a right of retraction implies that the Services have not started during the retraction period. In the event of exercise of the right of retraction within the aforementioned period, only the price of the Services ordered shall be refunded, within a maximum of 14 days from receipt by ALPHATRAD FRANCE of the notification of retraction by the Customer.

However, the Customer who wants Services to be performed immediately by ALPHATRAD FRANCE, without waiting for the end of the retraction period, is duly informed that due to this express request and in accordance with article L.121-21-8-1° of the Consumer Code, he/she expressly waives his/her right of retraction for the service in question.

ARTICLE 17 – DISPUTES

Any disputes to which the purchase and sale transactions established in application of these TCS could give rise, concerning their validity, interpretation, execution, termination, consequences or aftermath, and which could not be resolved between ALPHATRAD FRANCE and the Customer, will be submitted to the competent courts under the conditions of common law.

The Customer is informed that he/she may resort to contractual mediation, in particular with the Consumer Mediation Commission (Consumer Code, art. L 534-7) or with existing sectoral mediation bodies or any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.

ARTICLE 18 – PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE

The Customer acknowledges having received, prior to placing an order, in a legible and understandable manner, these TCS and all the information and details specified in articles L.111-1 to L.111-7 of the Consumer Code and, in particular:

• the essential characteristics of the Services, taking into account the communication medium used and the Service concerned;
• the price of the Services and related costs (equipment, for example);
• in the absence of immediate performance of the Contract, the date or the period within which ALPHATRAD FRANCE agrees to perform the Service;
• information relating to the identity of ALPHATRAD FRANCE, its postal, telephone and electronic contact details, and its activities, if it does not appear from the context,
• information on legal and contractual guarantees and their terms of implementation;
• the possibility of resorting to contractual mediation in the event of a dispute;
• information relating to the right of retraction (existence, conditions, time limit, methods of exercising this right and standard retraction form), the conditions of cancellation and other important contractual conditions (article 16 above).

The act by a natural person of placing an order on the website of ALPHATRAD FRANCE, https://www.alphatrad.fr implies full adherence to and acceptance of these TCS, which is expressly acknowledged by the Customer, who waives, in particular, the application of any contradictory document, which will be unenforceable against ALPHATRAD FRANCE.

SPECIAL PROVISIONS APPLICABLE TO PROFESSIONALS

ARTICLE 19 – TERMS AND CONDITIONS OF SALE BY CATEGORY

Information appearing in the catalogues, prospectuses and price lists of ALPHATRAD FRANCE is indicative and may be revised at any time.

ALPHATRAD FRANCE is entitled to make any changes that it deems useful.

ALPHATRAD FRANCE may, moreover, be required to establish Terms and Conditions of Sale by Category, which depart from these Terms and Conditions of Sale, according to the type of Professional Customer considered, determined on the basis of objective criteria.

In this case, the Terms and Conditions of Sale by Category apply to all Professional Customers meeting these criteria.

ARTICLE 20 – UNENFORCEABILITY OF THE TERMS AND CONDITIONS OF PURCHASE OF THE PROFESSIONAL CLIENT

These Terms and Conditions of Sale are expressly approved and accepted by the Professional Customer, which declares and acknowledges having understood them perfectly and, as such, renounces availing itself of any contradictory document and, notably, its own terms and conditions of purchase, which will be non-binding on ALPHATRAD FRANCE, even if ALPHATRAD FRANCE is aware of them.

ARTICLE 21 – ABSENCE OF OFFSETTING OF NON-RECIPROCAL RECEIVABLES OR DEBTS

Unless express, prior and written approval has been obtained from ALPHATRAD FRANCE, and provided that the reciprocal receivables and debts are certain, liquid and payable, no offsetting can be validly done by the Professional Customer between possible penalties for late delivery of the Services ordered or non-conformity with the order, on one hand, and the sums owed by the Professional Customer to ALPHATRAD FRANCE for the purchase of said Services, on the other hand.

ARTICLE 22 – DISPUTES

Any disputes to which the purchase and sale transactions established in application of these TCS could give rise, concerning their validity, interpretation, execution, termination, consequences or aftermath, and which could not be resolved between ALPHATRAD FRANCE and the Professional Customer, will be submitted exclusively to the Commerce Courts of Nanterre; for disputes with individuals, the rules of common law shall apply.