General terms of sale (Version of 08/08/2022)
Article 1 : Application of the general conditions of sale
Any contract signed with Etude Généalogique Ladet represented by Mr. Jérôme Ladet, domiciled at 1673 chemin de Monclar, 84250 Le Thor, is
subject to the present general terms and conditions of sale.
Siret n° : 83435278300031
Article 2: Purpose of the contract
The genealogist is bound by an obligation of means and not of results, consequently, Etude Généalogique Ladet undertakes to carry out a
research as complete as possible, depending on the available archival documents, either on the Internet or in a depository in
departmental or communal archives, in compliance with the law.
Etude Généalogique Ladet will make every effort to obtain the expected results and its fees will be entirely due in case of success or failure.
of failure (search time + costs).
Within the framework of genealogical research, Etude Généalogique Ladet undertakes to search for any archival document attesting to the filiation of
the individual, primarily the parish and civil status records of each ancestor of the said genealogy.
The result of his research will be the subject of a detailed report including the reproduction of the documents found: photos, photocopies, printing
from a website, but also reporting on the documents consulted and any gaps in the documents. Reliable documents
relating to the designation of the contract given to him by the client will be the starting point of his mission.
Etude Généalogique Ladet undertakes to send all the documents found to its client, upon receipt of payment of the balance of the invoice
related to these researches, subject to the respect of the French laws concerning the communication of archives. Etude Généalogique Ladet cannot
In particular, we do not transmit all birth and marriage records under 75 years of age, except to the ascendants or descendants of
persons concerned by these acts. In the absence of proof of such a family relationship, Etude Généalogique Ladet cannot transmit to its client
than non-filial extracts of these acts.
Etude Généalogique Ladet is bound to respect the provisions of article 9 of the Civil Code concerning the respect of privacy.
Article 3: Time limits for completion
The time frame set forth in this contract is subject to revision based on exceptional and random closures of the repositories; the
difficulties encountered during the research; due to illness or accident of the genealogist, and more generally on the occasion of any other
force majeure and fortuitous events.
Article 4 : Prices and terms of payment
The amount of this contract may be revised downwards in the event of deficient archives, in proportion to the research that cannot be carried out. All other costs
The genealogist will be responsible for any additional costs incurred by the service, unless the client agrees otherwise in writing.
A deposit of 30% minimum must be paid at the signature of the contract by the customer or the totality if the sum is lower than 220 € (two hundred twenty
euros), either by check made out to Etude Généalogique Ladet, or by postal transfer upon receipt of the invoice. The balance will be paid upon delivery
in the same provisions. Any delay in payment shall automatically give rise to interest at a rate equal to one and a half times the legal interest rate (law
n°92-1442 of 31-12-1992). The price of Etude Généalogique Ladet's services are not subject to VAT (art. 293B of the General Tax Code).
Article 5: Modification of the contract
This Agreement may be amended at any time upon request of either party with thirty days notice. In case of agreement, the modification
will become effective upon signature by both parties of an amendment to this contract.
Article 6: Ownership of results
Etude Généalogique Ladet has a "perpetual, inalienable and imprescriptible" moral property on the genealogical file it provides to its client,
not on the archival documents that constitute the file.
The client undertakes not to use the results of these searches for fraudulent or harmful purposes. He will take advice from Etude
Ladet Genealogy before any other use than private use.
Article 7: Confidentiality
Etude Généalogique Ladet is bound by professional secrecy. In particular, the genealogist undertakes to respect the laws protecting the privacy of individuals.
privacy of individuals. The parties agree not to disclose, in the context of this contract, any confidential information about a third party
and to act rightly on all occasions.
Article 8: Duration of the contract
The contract takes effect upon receipt of the quotation bearing the signature of the customer preceded by the words "read and approved, good for agreement" and the
payment or deposit as stipulated in article 4. The contract shall remain in force until its purpose has been fulfilled.
Article 9 : Customer's obligations
Customer agrees:
- to provide the genealogist with a reliable starting point to begin his research,
- to acknowledge receipt of the service
- and to pay in full the amount set forth in this contract upon receipt of the fee note.
Article 10: Force majeure
The responsibility of Etude Généalogique Ladet cannot be called into question if the non-execution or the delay in the execution of one of the
of its obligations described in these general conditions of sale arises from a case of force majeure. In this respect, force majeure is defined as
any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.
Article 11: Dispute
Article 11.1: Mediation
In accordance with Article L.133-4 of the Consumer Code, the customer may, in case of dispute, resort to a mediation procedure
or any other alternative method of settling disputes provided for in Articles 1528 to 1546 of the Code of Civil Procedure.
Under the terms of order no. 2015-1033 of August 20, 2015, the customer may, in order to resolve a dispute related to this contract, refer to the mediator
competent in genealogy: Mr. Gérard Gaucher, 51 chemin des Grands Moulins, 69400 Gleize or contact@mediateurconsogenealogistesfrance.fr
Competent court
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law. In the absence of resolution
The parties agree that the courts of the department of Vaucluse have exclusive jurisdiction.
Article 12 : Right of withdrawal
In the case of distance selling, the Customer who is a consumer has, in accordance with the provisions of article L.221-18 of the French Code de la
of fourteen (14) days from the conclusion of the contract, for contracts for the provision of services, or from the date of delivery.
receipt of the product(s) for sales contracts, to notify the Etude Généalogique Ladet of its desire to exercise its right of withdrawal. For the
If the time limit expires on a Saturday, Sunday or public holiday, it is extended to the first working day. Regardless of the
form chosen to withdraw, it is up to the customer to prove that he has exercised his right within the legal deadline.
In accordance with the provisions of Article L.221-28 of the Commercial Code, the right of withdrawal cannot be exercised in particular for contracts:
- The supply of services fully executed before the end of the withdrawal period and whose execution has begun after the express prior agreement of the
consumer and expressly waive his right of withdrawal ". By validating an order of Services whose execution is planned before the end of the
of the withdrawal period, the Consumer expressly waives his right of withdrawal.
-the supply of goods made to the consumer's specifications or clearly personalized.
Article 12.1 : Method of exercising the right of withdrawal
Within fourteen (14) days following the conclusion of the contract for Services or the receipt of the Product for sales, the Customer may request
either the exchange or the refund of his order for the Services and/or Product(s) concerned. The Customer exercises his right of withdrawal, at
by means of an unambiguous statement, for example by returning the withdrawal form provided on the last page of these Conditions
by the Etude Généalogique Ladet, by email at etudegenealogiqueladet@gmail.com, or by registered letter with
acknowledgement of receipt to the address indicated in Article 1, specifying the order number and the Services and/or Product(s) concerned. The Customer
will not be able to exercise its right of withdrawal by simply returning the Product concerned.
Article 12.2 Terms of return of the Products
As from the exercise of the right of withdrawal, the Customer has a maximum period of fourteen (14) additional days to return, at his expense,
the Product(s) concerned, which must be returned in its (their) original condition (including original packaging, accessories, any
related to the order etc.). The return of the Products must be accompanied by a duly completed return form, including the
return number provided by Etude Généalogique Ladet. The costs and risks related to the return of the Products are at the charge of the Customer.
returned must be sent to the address indicated in article 1. The Customer shall keep any proof of this return allowing to give certain date.
Article 12.3. Reimbursement
If all of the above conditions are met, the Etude Généalogique Ladet will reimburse the Customer for all sums
incurred in connection with the order of the Service(s) and/or Product(s) concerned (the reimbursement of delivery costs is limited to the amount
of the least expensive method of delivery proposed by the Etude Généalogique Ladet) with the exception of the return costs incurred by the Customer and the case
of the amount corresponding to the Services already provided until the communication of the decision to withdraw. This reimbursement
will be made using the same means of payment as the one used for the initial transaction, within fourteen (14) days of
the date of the exercise of the right of withdrawal. Etude Généalogique Ladet can defer the reimbursement until the day it receives the Products
returned or until Customer provides proof of shipment of the Products concerned, whichever comes first.
____________________________________________________________________________________________________________________________________________________________________
ORDER CANCELLATION
(Consumer Code, article L. 121-17 to L.121-1-2)
Conditions:
- Complete and sign this form
- Send it by registered letter AR to the following address: 1673 chemin de Monclar, 84250 LE THOR or by
email to etudegenealogiqueladet@gmail.com
- Send it no later than the fourteenth day from the day of signing the contract or, if this period normally expires on a
Saturday, Sunday or statutory holiday, the first business day thereafter
I, the undersigned, declare to cancel the following order:
Nature of service ordered: _________________________________________________________
Order date: _______________________________________________________________
Client Name: _____________________________________________________________________
Customer address: ___________________________________________________________________
Date:
Customer's signature :
You can download these terms and conditions by clicking HERE.