Terms and conditions of sale Translate Without Migraine
ARTICLE 1 - Scope of application
Preamble – Legal information
These General Terms and Conditions of Sale (hereinafter referred to as the “GTCS”) apply to any purchase made by an individual (hereinafter referred to as “the Customer” or “Customers”) via the Translate without Migraine Plug-in (hereinafter referred to as the “Plug-in”) available for download on the https://www.seo-sans-migraine website.fr/traduire-sans-migraine/ (hereinafter the “Site”) from OTTER CORP, a Société par Actions Simplifiée with share capital of 203,931 Euros, registered in the Montpellier Trade and Companies Register under number 985 270 537, whose registered office is located at 521, rue Georges Méliès, Montpellier (34000), email: contact@seosansmigraine.fr, (hereinafter “OTTER CORP”).
Article 1 – Scope of the General Terms and Conditions of Sale
These GTC apply, without restriction or reservation, to any purchase of automated language translation services via the Plug-in (hereinafter “the Service or Services”) offered by OTTER CORP to consumers and non-professional customers on the Site.
They specify, in particular, the conditions of use of the OTTER CORP Site, of placing an order, of payment and of provision of the Services ordered by the Customer.
The main characteristics of the Services, including all the substantial information required by the applicable regulations, are presented on the Site.
The Customer is obliged to read them before placing any order. The choice and purchase of a Service is the sole responsibility of the Customer.
The General Terms and Conditions of Sale are systematically communicated to all Customers prior to the conclusion of the contract for the provision of Services and shall prevail, where applicable, over any other version or any other contradictory document. They are accessible at all times on the Site and shall prevail, where applicable, over any other version or any other contradictory document.
These terms and conditions apply to the exclusion of all others.
In the absence of proof to the contrary, the data recorded in OTTER CORP’s computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the regulations in force, and as will be recalled below, the Customer has, at any time, a right of access, rectification, opposition, deletion and portability of all his personal data by writing by mail and proving his identity, to OTTER CORP whose address is located at 521, rue Georges Méliès in Montpellier (34000).
The Customer declares that he/she has read and accepted these G.S.T. by checking the appropriate box before proceeding with the online ordering procedure.
Article 1.1 – Modification of the G.S.C.
The present G.S.T. may be subject to subsequent modifications, but the version applicable to the Customer’s purchase is that in force on the day the contract is concluded, in other words, on the day the order is placed.
These T.G.V. apply to all purchases made via the Site, or the Plug-in, as long as the Site, or the Plug-in, is available online.
The T.G.V. are dated accurately and may be amended and updated by OTTER CORP at any time. Changes to the G.S.T. will not apply to Services already purchased.
Article 1.2 – Legal capacity to contract
The Customer acknowledges having the legal capacity required to contract and acquire the Services offered on the Site and the Plug-in.
ARTICLE 2 - Registration and orders
The Customer selects the Services he wishes to order via the Plug-in, as follows:
Article 2.1 – Registration
The ordering of Services on the Site is carried out via the installation of the Plug-in by the Customer. Possession of a WordPress account and installation of the Polylang translation plug-in are two essential prerequisites for the ordering process.
Before subscribing to a Service offer, the Customer must :
- Import and activate the Translate without migraine extension (Plug-in) on your WordPress account;
- Please read these terms and conditions;
- Wait until the end of a free 7 (seven) day trial period.
The customer then has the opportunity to subscribe to one of the available offers and to read each of their characteristics in detail.
The customer then has the option of choosing the commitment and billing period at the rate indicated on the Site or Plug-in by the month or year.
Contractual information is presented in French and will be confirmed at the latest when the order is validated by the Customer.
Article 2.2 – Ordering
The customer can check the details of his order, its total price and correct any errors before confirming his acceptance.
The Customer still has the option of revoking his order before finally signing the order via his WordPress account.
This validation implies acceptance of the entirety of these G.S.C. and constitutes proof of the sales contract.
It is the Customer’s responsibility to check the accuracy of the order and to report any errors immediately.
The sale of Services will only be considered final after OTTER CORP has sent the customer confirmation of acceptance of the order by e-mail and the customer has paid the full monthly or annual price.
Any order placed on the Site constitutes the formation of a distance contract between the Customer and OTTER CORP.
OTTER CORP reserves the right to cancel or refuse any order from a customer with whom there is a dispute concerning the payment of a previous order.
The subscription is tacitly renewable. It is up to the customer to decide whether or not to terminate the automatic renewal of the subscription.
Orders may be cancelled by the Customer at any time. In such a case, the breach of contract shall not, under any circumstances, apply to Services for which one of the periods is due to begin, i.e. :
- For services ordered by the month, the rate for the month just begun is due;
- For services ordered on an annual basis, the fee for the current year is due.
ARTICLE 3 - Rates
The Services offered by OTTER CORP are provided at the prices in force, as shown on the Site, according to the quotation drawn up by OTTER CORP when the order is placed. Prices are expressed in Euros (€), exclusive of tax and inclusive of all taxes.
Prices take into account any discounts granted by OTTER CORP under the conditions specified on the Site.
These prices are firm and non-revisable during their period of validity as indicated on the Site, OTTER CORP reserving the right, outside this period of validity, to modify prices at any time.
Prices do not include any processing and administration costs, which are invoiced in addition, under the conditions indicated on the Site and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by OTTER CORP and given to the Customer when the ordered Services are provided.
ARTICLE 4 - Terms of payment
The Services offered by OTTER CORP are delivered to Customers in return for a price. Any sum paid in advance of the price shall bear interest at the legal rate from the expiry of a period of 3 months from the date of payment until completion of delivery (Article L.214-2 of the French Consumer Code).
The price is payable in cash, in full, on the day the order is placed by the Customer, according to the terms specified in Article 2 “Registration and Order” above, by any means indicated by OTTER CORP on the Site.
Payment data is exchanged in encrypted mode using the Stripe protocol for credit card payments.
OTTER CORP shall not be obliged to provide the Services ordered by the Customer if the price has not first been paid in full in accordance with the above conditions.
Payments made by the Customer shall only be considered final once OTTER CORP has received the sums due.
ARTICLE 5 - Provision of Services
The Services ordered by the Customer, which include the services of the automated translation Plug-in, will be provided within a maximum of 6 hours from the final validation of the Customer’s order, in accordance with the conditions set out in these G.S.C., in relation to the WordPress identifier provided by the Customer when ordering the Plug-in.
OTTER CORP undertakes to use its best efforts to provide the Services ordered by the Customer, within the framework of an obligation of means and within the deadlines specified above.
If the Services ordered have not been provided within the period after the indicative date specified above for any reason other than force majeure or the fault of the Customer, the latter may notify OTTER CORP under the conditions provided for in Article L.216-6 of the French Consumer Code :
or the suspension of payment of all or part of the price until OTTER CORP performs in accordance with articles 1219 and 1220 of the French Civil Code (exception d’inexécution);
or the cancellation of the sale after OTTER CORP has been given notice to perform within a reasonable additional period which OTTER CORP has not met. Termination may be immediate if OTTER CORP refuses to perform, or if it is clear that OTTER CORP will not be able to provide the Services, or if the Customer considers the failure to meet the performance deadline to be an essential condition of the sale. In the event of cancellation of the sale, the sums paid by the Customer will be refunded within 14 days of the date of cancellation of the contract at the latest, to the exclusion of any compensation or deduction, without prejudice to the possible award of damages to the Customer.
OTTER CORP reserves the right to suspend the Services in the event of use for purposes prohibited by law and/or contrary to public order and/or contrary to good morals.
ARTICLE 6 - Termination of the contract
It should be noted that, in accordance with legal provisions, the contract may be terminated electronically if the contract has been concluded electronically or if, on the date of termination, OTTER CORP offers customers the option of concluding contracts electronically.
To this end, a free functionality is made available to the Customer, allowing him to carry out, by electronic means or directly via thesiteinterface, the notification and all the steps necessary for the termination of the contract, which OTTER CORP shall acknowledge by informing the Customer, on a durable medium and within a reasonable period of time, of the date on which the contract ends and the effects of termination.
OTTER CORP reserves the right to unilaterally terminate the contract concluded electronically without prior notice in the event of use for purposes prohibited by law and/or contrary to public policy and/or contrary to morality.
ARTICLE 7 - Exclusion of the right of withdrawal
Given the nature of the Services provided, orders placed by the Customer do not benefit from the right of withdrawal. (Article 221-8 of the French Consumer Code)
The contract is therefore definitively concluded as soon as the order is placed by the Customer, in accordance with the terms and conditions specified in these G.S.T..
The Customer is duly informed by OTTER CORP of the exclusion of the right of withdrawal, given the immediate provision of the Services ordered, in a formalized manner at the latest before the validation of the order by the Customer.
ARTICLE 8 - Seller's liability and warranty
The digital Services offered by OTTER CORP comply with the regulations in force in France and their performance is compatible with non-professional use. The customer benefits by right and without additional payment from the legal guarantee of conformity and the legal guarantee of hidden defects.
Article 8.1 – Legal warranty of conformity
OTTER CORP guarantees, in accordance with legal provisions and without additional payment, the Customer against any lack of conformity of the Services ordered. The Services provided by OTTER CORP comply with the regulations in force in France. OTTER CORP cannot be held liable for non-compliance with the legislation of the country in which the Services are provided, which must be checked by the Customer, who is solely responsible for the choice of Services requested.
In the event of non-conformity, the Customer may demand that the defective Services be brought into conformity, that a new conforming Service be supplied free of charge or, failing this, that the price be reduced or that the sale be rescinded, in accordance with the legal conditions.
He may also suspend payment of all or part of the price or the remittance of the benefit provided for in the contract until OTTER CORP has fulfilled its obligations under the legal warranty of conformity under the conditions of articles 1219 and 1220 of the Civil Code. It is also the Customer’s responsibility to request OTTER CORP to bring defective Services into conformity or to provide a new, compliant Service free of charge. The defective Service will be brought into conformity within a period not exceeding 30 days following the Customer’s request.
If the requested compliance is impossible or involves disproportionate costs under the conditions set out in Article L 217-12 of the French Consumer Code, OTTER CORP may refuse to comply. If the conditions set out in Article L 217-12 of the French Consumer Code are not met, the Customer may, after formal notice, pursue compulsory execution in kind of the solution initially requested, in accordance with Articles 1221 et seq. of the French Civil Code.
Finally, the customer may demand a reduction in price or rescission of the sale (unless the lack of conformity is minor) in the cases provided for in article L 217-14 of the French Consumer Code.
Where the lack of conformity is so serious that it justifies a reduction in price or the immediate cancellation of the sale, the Customer is not obliged to first request that the defective Services be made compliant or that a new, compliant Service be supplied free of charge.
The price reduction is proportional to the difference between the value of the Service provided and the value of this Service in the absence of lack of conformity.
In the event of cancellation of the sale, the Customer will be reimbursed for the price paid within the following 14 days at the latest, using the same means of payment as the one used by the Customer at the time of payment, unless the Customer expressly agrees otherwise, and in any event at no additional cost.
The foregoing provisions are without prejudice to the possible award of damages to customers for loss suffered by the latter as a result of the lack of conformity.
Article 8.2 – Legal warranty against hidden defects
OTTER CORP is liable for hidden defects within the framework of the legal warranty against hidden defects resulting from a design or manufacturing defect in the Services ordered.
The customer may decide to invoke the warranty against hidden defects in services in accordance with article 1641 of the French Civil Code. In this case, the customer may choose either to cancel the sale or to reduce the price in accordance with article 1644 of the French Civil Code.
Article 8.3 – Exclusion of warranties
OTTER CORP cannot be held responsible or liable for any consequential delay or non-performance:
- the occurrence of force majeure ;
- non-compliance with the legislation of the country in which the Services are delivered, which it is the sole responsibility of the Customer to check before placing an order;
- misuse or professional use.
ARTICLE 9 - Protection of personal data
Article 9 – Protection of personal data
Pursuant to Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms and amended by Law No. 2018-493 of June 20, 2018, it is recalled that certain personal data requested from the Customer by OTTER CORP are necessary for the processing of his order, account management, analysis of orders and the establishment of invoices.
This data may be communicated to any OTTER CORP partners responsible for the execution, processing, management and payment of orders. The processing of information communicated via the Site complies with legal requirements regarding the protection of personal data.
The information system used ensures optimum protection of such data, in particular the General Data Protection Regulation (GDPR) and any other legislative or regulatory provisions in force, the information system used ensures optimum protection of such data.
The methods of collecting and processing personal data, as well as the rights that customers have with regard to such data, can be consulted in OTTER CORP’s “Privacy Policy”, which the customer must consult and accept, in particular when placing an order.
In accordance with current national and European regulations, the customer has a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him/her.
This right may be exercised under the terms and conditions defined on the Site, in particular by sending an e-mail or letter to OTTER CORP, whose contact details are reproduced in the “Preamble”.
Lastly, the Customer may lodge a complaint with a competent authority, namely, in France, the Commission Nationale de l’Informatique et des Libertés (CNIL).
ARTICLE 10 - Intellectual property
All visual and audio elements of the Site and Plug-in, including the underlying technology used, are protected by copyright, trademark and/or patent law. These elements are the exclusive property of OTTER CORP and are protected by French and international intellectual property laws.
Any person who publishes a website and wishes to create a direct hypertext link to the Site must request prior written authorization from OTTER CORP, which may be withdrawn at any time.
Any representation or reproduction, in whole or in part, of the Site, the Plug-in and its contents, by any process whatsoever, without the prior and express authorization of OTTER CORP, is prohibited and will constitute an infringement punishable by law.
Acceptance of these G.S.T. constitutes recognition by the Customer of OTTER CORP’s intellectual property rights and an undertaking to respect them.
ARTICLE 11 - Force Majeure
OTTER CORP and the Customer shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, is due to force majeure as defined in Article 1218 of the French Civil Code or to exceptional health or climatic hazards beyond their control.
It is hereby clarified that in such a situation, the Customer may not claim the payment of any compensation and may not bring any action against OTTER CORP.
ARTICLE 12 - Applicable law - Language
These T.G.V. and the operations arising from them are governed by French law.
They are written in French. Should they be translated into one or more languages, only the French text will prevail in the event of a dispute.
ARTICLE 13 - Disputes
All disputes concerning the validity, interpretation, execution, termination, consequences and consequences of the purchase and sale transactions concluded in application of these G.S.C., which cannot be resolved between OTTER CORP and the Customer, shall be submitted to the competent courts under the conditions of common law.
In the event of a dispute between the Customer and OTTER CORP, OTTER CORP and the Customer shall endeavor to resolve the dispute amicably. The customer must first submit a written complaint to OTTER CORP, whose contact details are given in the “Preamble”.
In the absence of an amicable agreement or a response from OTTER CORP within a reasonable period of one (1) month, the consumer customer may, if a disagreement remains, refer the matter free of charge to the sector mediator for electronic communications at the Association Médiation des Communications Electroniques (AMCE).
The Mediation officer can be contacted as follows:
https://www.mediation-telecom.org/saisir-le-mediateur
In accordance with article 14.1 of regulation (EU) n°524/2013 of the European Parliament and of the Council, we remind you that
European Council of May 21, 2013, the European Commission has set up an online dispute resolution platform, intended to facilitate the independent out-of-court settlement of online disputes between consumers and professionals in the European Union, whose link is as follows:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
In the event that one or more stipulations of the present G.T.C. are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
ARTICLE 14 - Pre-contractual information - Customer acceptance
The Customer acknowledges having been informed prior to placing an order and concluding the sale, in a legible and comprehensible manner, by means of the present G.S.C. and in accordance with the provisions of article L 221-5 of the French Consumer Code:
- on the essential characteristics of the Services, taking into account the communication medium used and the Service concerned;
- on the price of the Services on the basis of automated decision-making and related costs and or, in the absence of a price, on any benefit provided instead of or in addition to the price and on the nature of this benefit;
- on terms of payment, supply and performance of the contract;
- the seller’s identity, postal address, telephone number and e-mail address, as well as the seller’s activities, if these are not apparent from the context;
- legal and contractual warranties and how to apply them;
- on the possibility of resorting to conventional mediation in the event of a dispute ;
- on the exclusion of the right of withdrawal, the terms of cancellation and other important contractual conditions and, where applicable, on the costs of using the remote communication technique, the existence of codes of good conduct and of surety and financial guarantees;
- on accepted payment methods.
The fact that a Customer places an order on the Site implies full acceptance of these General Terms and Conditions of Sale and obligations to pay for the services ordered, which is expressly recognized by the Customer, who in particular waives the right to rely on any contradictory document that may be unenforceable against OTTER CORP.