General conditions of sale
Article 1 Object, and field of application
The purpose of these present general conditions of sale (GCS) is to govern the contractual relationship between Versions Originales Sàrl and its clients.
The parties referred to above acknowledge that they have read and understood these present general conditions of sale, which form an integral part of the offer, and that they fully accept the entirety of these general conditions, without the possibility of modification or disclaimer.
Article 2 Conclusion and validity of the contract
For the contract to be validly constituted, the offer must by accepted by the client within the period referred to in the offer, under the rubric “date of validity of the offer”. Upon expiry of this period, the offer is no longer valid.
Once the offer has been accepted and returned via email, by the client, the offer has the value of a contract. In this regard, the provisions described in the offer shall be delivered in accordance with the terms agreed between the parties.
Versions Originales Sàrl reserves the right to withdraw an offer if circumstances no longer seem to enable the execution of the assignment. In this specific case, Versions Originales Sàrl shall not be required to justify its withdrawal, and no indemnity may be claimed.
Article 3 Extent of the provisions of services
Versions Originales Sàrl shall supply translation services of high quality and with the requisite level of diligence.
Texts shall be delivered in the required language, in a correct and appropriate manner, without modification of the content. Translations are performed in accordance with the meaning of the source text, respecting the meaning and spirit of the text.
Data sent by the client and the texts delivered shall be stored by Versions Originales Sàrl on secure servers, in Switzerland. These data shall be deleted only when the client expressly requires this to be done.
Article 4 Delivery of the documents
The translated texts will be delivered in the agreed format, within the timescale set out in the offer, by electronic mail.
If the client wishes dispatch to take place by another means, prior agreement with Versions Originales Sàrl is required. Any costs of dispatch shall be borne by the client.
Unless otherwise agreed in advance, once the delivery has been made, the client is required to verify the documents supplied within a period of 48 hours.
Article 5 Corrections and modifications
In the case where the provisions of service supplied do not meet the contractually agreed requirements, the client must grant to Versions Originales Sàrl a reasonable time in which to make corrections.
Where shortcomings are due to the client, notably in the case of missing information or documents, or documents containing errors or omissions, or that are difficult to use, or supplied late (this list being non-exhaustive), all corrections or modifications shall entail an additional period of time and supplementary charges invoiced to the client.
All corrections or modifications made by the client, whereas the provisions of services were compliant with the offer, shall also entail an additional period of time and supplementary charges invoiced to the client.
Article 6 Rights of use
The documents translated by Versions Originales Sàrl are intended for the use that has been requested.
Article 7 Conditions of payment
Versions Originales Sàrl may make acceptance of the offer conditional upon an advance payment. In this case, without this advance payment having been made, Versions Originales Sàrl shall not commence the provisions of services described in the offer, and cannot undertake to adhere to the agreed deadlines.
The invoice shall be due for payment within a period of 30 days from its date of receipt. The invoice shall only be sent by electronic mail, unless agreed otherwise.
If the payment is not made within the stipulated period, a reminder shall be sent, with a payment deadline of 7 days. Entitlement to payment of all costs of reminders is reserved.
When the offer has been accepted and returned by the client by electronic mail, it has the value of acknowledgement of a debt, within the meaning of Art. 82 of the Federal law, concerning the pursuit of debts and insolvency (LP).
Article 8 Confidentiality
The parties are bound by the strictest confidentiality concerning all information, of all kinds, and regardless of their forms, to which they may have had access in the context of their exchanges.
The parties undertake not to communicate this information to third parties, unless agreed to the contrary, in writing, and subject to the signature of the parties.
The obligations arising from the obligation of confidentiality shall remain in force, even after the end of the contract.
The obligation of confidentiality does not extend to documents that are in the public domain, and/or which have been made public by third parties.
Article 9 Data protection
Versions Originales Sàrl stores relevant client data electronically on secure servers in Switzerland. These data are protected against any unauthorised access by third parties.
Insofar as Versions Originales Sàrl may have recourse to partners for the execution of the services provided, Versions Originales Sàrl is authorised to disclose the client data to these partners, while adhering to the provisions of Federal law on data protection.
Article 10 Intellectual property
The client shall ensure that use of the documents sent to Versions Originales Sàrl is unrestricted.
Article 11 Liability
Versions Originales Sàrl declines all liability in the case where the client supplies content that is missing information or documents, or documents containing errors or omissions, that are difficult to use, or supplied late (this list being non-exhaustive). Versions Originales Sàrl also declines all liability concerning the content of documents supplied by the client.
Versions Originales Sàrl cannot be held liable in respect of clients or any other third party for direct damages or consequential damages, material damages or moral prejudice, that may arise from the provision of the translation services.
Article 12 Cancellation
In the case of early cancellation, the client is required to pay Versions Originales Sàrl all costs arising from the contract up to the moment of cancellation. However, regardless of the date of cancellation, a minimum of 50% of the amount specified in the offer shall become payable.
Versions Originales Sàrl also reserves the right to require payment in full of the amount specified in the offer.
Article 13 Modifications
Versions Originales Sàrl reserves the right to modify these present general conditions at any time, and without notice. These modifications shall become applicable immediately.
Article 14 Partial invalidity
In the event of certain provisions in these present general conditions becoming invalid, the validity of the other provisions shall remain unaffected. The invalid provisions shall be replaced by legal provisions that have similar application and effect.
Article 15 Applicable law and place of jurisdiction
These present general conditions and all claims that may arise from them are subject to the laws of Switzerland.
The parties undertake to seek an amicable resolution of all disputes, differences, or claims arising from these present general conditions. If the parties are unable to reach an agreement by means of amicable dispute resolution within a period of three months, they may make application to the ordinary courts.
The place of jurisdiction is Neuchâtel, Switzerland.