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General Conditions of Sales

Alphatrad UK is the representative office in the UK for Alphatrad France SAS, a company incorporated in France.

 

I. PROVISIONS COMMON TO PROFESSIONALS AND INDIVIDUALS

ARTICLE 1  – DEFINITIONS

The following definitions apply in the context of these General Conditions of Sale:

ALPHATRAD: A Company governed by French law, the full name of which is ALPHATRAD FRANCE S.A.S, with capital of €1,000,006, registered in EVRY Trade and Companies Register registration number 323 161 810, and with its Registered Offices at Avenue de la Tremblaie ZAC de Tremblaie, F-91223 LE PLESSIS-PATE CEDEX.

Customer/Customers: a legal entity exercising a profession or acting as a company or an individual corresponding to the legal qualification of a Consumer according to the HAMON LAW of 17 March 2014, with which ALPHATRAD enters into a contract for the purpose of supplying translation work and other language services.

Service/Services: translation work and other language services offered to the Customer by ALPHATRAD in the context of a proposal or a contract entered into between ALPHATRAD and the Customer.

Contract: the contract entered into between ALPHATRAD and the CUSTOMER, the purpose of which is for ALPHATRAD to supply translation work and other language services in return for a price paid by the CUSTOMER.

ARTICLE 2 – SCOPE

These General Conditions of Sale constitute the sole basis of the relationship between the parties.
Their purpose is to define the conditions under which ALPHATRAD supplies the Customer who has requested it, via ALPHATRAD's website, by direct contact or on paper, with translation services and other language services.
These General Conditions of Sale apply, without restriction or reservation to all proposals and all contracts to supply translation work offered by ALPHATRAD to Customers.

Customers are required to read them before placing an order.
Validation of the order for Services by the Customer implies acceptance of these General Conditions of Sale without restriction or reservation.
Customers acknowledge that they have the capacity required to enter into a contract and acquire the Services offered by ALPHATRAD.

ALPHATRAD'S address details are as follows:

ALPHATRAD FRANCE S.A.S.
Avenue de la Tremblaie ZAC de Tremblaie
F-91223 LE PLESSIS-PATE CEDEX

These General Conditions of Sale can also be accessed at any time via ALPHATRAD'S website: www.alphatrad.co.uk and take precedence, where relevant, over any other version or any other contradictory document.

Customers declare they have read these General Conditions of Sale and accept them before implementing the order procedure.

It is also clarified that should one or more of the provisions of these General Conditions of Sale prove to be null and void, the other provisions will continue to apply.
It is in addition indicated that the General Conditions of Sale may be subject to subsequent modification.
In this case, ALPHATRAD will inform Customers in writing, in the event of a substantial change, at least one month before the substantial change comes into effect.
As long as Customers do not object within two weeks of the date on which the written notification was sent, Customers are deemed to have tacitly accepted the change that was made.

ARTICLE 3 – ORDERS AND CONCLUSION OF THE CONTRACT

It is indicated that all proposals made by ALPHATRAD, both orally and in writing, are not binding.
By proposals, is particularly meant appendices, such as price lists, brochures and other information relating to the Services offered by ALPHATRAD and drawn to Customers' attention, in writing or orally.
Customers select the Services they wish to order.
It is clarified that choosing and purchasing a Service is the Customer's responsibility alone.
Customers are responsible therefore for checking the accuracy of the order before sending it to ALPHATRAD in writing by email, fax or post.
Contracts will not be considered to be definite until after:
Customers have been sent written confirmation accepting the order by email, fax or post,
and in circumstances where an advance payment is required by ALPHATRAD, after actual receipt by ALPHATRAD of the full advance payment owed by the Customer.


In the case of Services giving rise to the preparation of a prior quotation, the Contract will only be considered to be final after:

a quotation has been prepared by ALPHATRAD.
Customers have specifically validated the quotation and other potential procedures for supplying Services in writing by email, fax or post.
and Customers have been sent written confirmation accepting the order by email, fax or post,

Quotations prepared by ALPHATRAD are valid for 90 days.

Orders following a quotation are only considered as being final by ALPHATRAD after payment by Customers and actual receipt by ALPHATRAD of the advance payment required in the context of such orders.
Under no circumstances can this advance payment be considered as a deposit.

ARTICLE 4 – EXECUTION OF THE CONTRACT

All orders are accepted and executed exclusively by ALPHATRAD, even if the express or implicit intention is for an order to be executed by a person determined within ALPHATRAD.
After the Contract is accepted, ALPHATRAD will carry out the translation work in accordance with the specifications agreed with Customers by virtue of the Contract.
Customers are required to do or ensure, everything that is reasonably required and desirable for the Contract to be completed punctually and correctly.
This also implies complying with ALPHATRAD's requests regarding the communication of further information with a view to the satisfactory performance of the Contract.
ALPHATRAD is authorised, for the purpose of the satisfactory performance of the Contract, to have the work carried out by third-parties.

ARTICLE 5 – CHANGES TO THE CONTRACT AND ADDITIONAL WORK REQUIRED BY THE CUSTOMER

Additional agreements or subsequent amendments as well as concessions made verbally by ALPHATRAD's staff are not binding on ALPHATRAD until it confirms them in writing by email, fax or post.
Similarly, potential changes Customers may make to orders will only be acted on by ALPHATRAD within the limits of its possibilities.
In circumstances where ALPHATRAD acts on changes sought by Customers, these changes will give rise to the preparation of a new quotation and an adjustment to the price.
In such circumstances, Customers will be bound by the amended price.

It is specifically indicated that depending on the state of progress of the work or where it is impossible to implement changes requested by Customers after the Contract has been agreed, ALPHATRAD is free not to implement the changes requested by the Customer.
In this case, ALPHATRAD is permitted to terminate the Contract, without being liable to pay Customers any sort of compensation.
In such circumstances, an amount proportional to the number of words already translated will be due to ALPHATRAD and invoiced to the Customer on the basis of the official rate or according to procedures agreed mutually with the Customer.

ARTICLE 6 – PRICE

Prices do not include handling and management costs, which are invoiced in addition and calculated prior to the order being placed.
Payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
Services supplied by ALPHATRAD are supplied at the prices in force on the day it confirms acceptance of the order, as communicated to the Customer prior to its order being placed.
Prices are expressed in Euros and inclusive of VAT in the case of individuals, except for professional Customers, where prices are expressed in Euros and excluding VAT.
Invoices are prepared by ALPHATRAD and issued to Customers at the time the Services ordered are supplied.
ALPHATRAD reserves the right to change the prices agreed at any time before the Contract is entered into.
Agreed prices can also be changed at any time during execution of the Contract if the Customer changes the order placed under the terms specified in article 5 of these general conditions of sale.
Up until the Contract  has been fulfilled completely, ALPHATRAD is permitted to increase the agreed prices at any time by costs resulting from measures taken by the public authorities.

ARTICLE 7 – PAYMENT

An advance payment may be required at the time an order is placed.
The balance of the price where an advance payment has been made, or the whole price, is payable by the Customer in cash within fifteen (15) days following the date the invoice is sent.
Payments made by Customers will not be considered to be final until ALPHATRAD has actually received the sums due.

ALPHATRAD will not be required to supply the Services ordered by the Customer if the Customer does not pay the advance payment potentially required or if the Customer is late in settling invoices issued earlier.
In the event of late payment of sums owed by the Customer as indicated by the payment date shown on the invoice, late payment penalties will be due.
These late payment penalties are calculated at the rate of 1.5% per month of delay; where a month is started the whole month will be due.
These late payment penalties will automatically and as of right be payable to ALPHATRAD, without formality or prior official notification.
These late payment penalties will automatically and as of right be payable to ALPHATRAD, without formality or prior official notification.
In addition, ALPHATRAD reserves the right, in the event of non-compliance with the terms of payment set out above, to suspend or cancel provision of Services ordered by the Customer and/or to suspend performance of its obligations.

The costs of extrajudicial recovery, linked to the recovery of an invoice unpaid in whole or in part, will be charged to the Customer if the Customer does not settle the invoice within a period of fifteen (15) days as from receipt of official notification to pay.
These extrajudicial recovery costs are calculated in accordance with the decree on extrajudicial recovery costs and come to a minimum of forty (40) euros ex VAT.

ARTICLE 8 – ALPHATRAD'S RESPONSIBILITY – GUARANTEE

ALPHATRAD guarantees the Customer, in accordance with the legal provisions and without additional payment, against all translation faults, excluding any negligence or failure that is the Customer's fault.

To assert its rights, the Customer must inform ALPHATRAD, in writing, of the existence of a translation fault within a maximum period of eight (8) days as from the Services being supplied.

ALPHATRAD will rectify, or arrange to rectify (to the extent possible) the translation deemed to be defective as quickly as possible.
 
ALPHATRAD's guarantee is limited to reimbursement of the Services actually paid for by the Customer and ALPHATRAD may not be considered as liable or at fault for any delay or failure to perform consequent on the occurrence of an event of force majeure normally recognised as such by French jurisprudence.

Similarly, ALPHATRAD may not be held liable for indirect harm, including, but not expressly limited to, loss of revenue or profits.

In addition, it is expressly agreed that it is the Customer's responsibility to check that translated texts produced by ALPHATRAD are of publishable quality.
Publication or dissemination of the content of translations produced by ALPHATRAD therefore is the Customer's responsibility alone.
As a consequence, ALPHATRAD can never be liable for publishing, dissemination and particularly printing costs.
Services provided through ALPHATRAD's website: www.alphatrad.co.uk comply with the regulations in force in France.
As a consequence, ALPHATRAD can incur no liability in the event of non-compliance with the legislation of the country in which the Services are supplied, and it is the responsibility of the Customer, who alone is responsible for the choice of Services requested, to check.

ARTICLE 9 – INFORMATION TECHNOLOGY AND CIVIL LIBERTIES IN RESPECT OF CONTRACTS ENTERED INTO ON-LINE

Under law 78-17 of 06 January 1978, it should be remembered that personal data requested from the Customer is required for processing its order and preparation of invoices, in particular.

This data may be communicated to the Vendor's potential partners responsible for the execution, processing, management of, and payment for, orders.

Processing of information communicated via ALPHATRAD'S website: www.alphatrad.co.uk is covered by a declaration to CNIL.

In accordance with current national and European regulations, Customers have a permanent right of access, modification, correction and objection with regard to information concerning them.

This right may be exercised under the terms and according to the procedures defined on ALPHATRAD'S website: www.alphatrad.co.uk.

ARTICLE 10– APPLICABLE LAW – LANGUAGE

These General Conditions of Sale and the operations arising from them are governed by and subject to French law.

These General Conditions of Sale are prepared in French.

In circumstances where they are translated into one or more foreign languages, only the French text will be valid should a dispute arise.

ARTICLE 11 – CONFIDENTIALITY AND TRANSFER OF THE CONTRACT

The parties will treat information exchanged before, during and/or after execution of the contract in a confidential manner; in particular the documents to be translated.

ALPHATRAD will also impose this obligation of confidentiality on the third-parties it engages for the purpose of performance of the Contract.

It is also expressly agreed that the obligation of confidentiality ALPHATRAD intends demanding from the third-parties it employs for the purpose of performance of the Contract is an obligation of means.

As a consequence, ALPHATRAD accepts no responsibility with regard to the Customer in the event of harm caused to the Customer due to failure by the third-parties it employs to treat information acquired in the context of the Contract as confidential.

The Customer is not permitted to assign the rights and obligations resulting from the Contract entered into by virtue of these General Conditions of Sale to third-parties without ALPHATRAD's prior agreement in writing.

As a consequence, any transfer occurring without ALPHATRAD's prior agreement in writing will be unenforceable on it.

II. SPECIAL PROVISIONS APPLICABLE TO INDIVIDUALS

ARTICLE 12 – CANCELLATION OF THE ORDER

In the event that an order is cancelled by the Customer after it has been accepted by ALPHATRAD, regardless of the reason apart from the right of withdrawal specified in article 13 of these General Conditions of Sale or force majeure, ALPHATRAD will automatically retain the advance payment made when the order was placed and no reimbursement will be payable.
Similarly, should the order be cancelled by the Customer after it has been accepted by ALPHATRAD and after performance of the service has started, a sum proportional to the number of words already translated will be payable to ALPHATRAD and invoiced to the Customer on the basis of the official rate or according to procedures agreed mutually.

ARTICLE 13 – RIGHT OF WITHDRAWAL FOR CONTRACTS ENTERED INTO AT A DISTANCE

In the case of Contract's entered into at a distance, in accordance with the law, the Customer has a 14 day cooling-off period as from the date the contract was entered into, to exercise its right of withdrawal in respect of ALPHATRAD and to cancel its order, without having to justify its reasons or pay any penalty, for the purpose of exchange or reimbursement, except if performance of the service started, with the Customer's agreement, before the end of the cooling-off period.

The right of withdrawal may be exercised on-line, using the withdrawal form available on ALPHATRAD's website, www.alphatrad.co.uk, in which case, an acknowledgement of receipt on a durable medium will immediately be sent to the Customer by ALPHATRAD, or by means of any other declaration, devoid of ambiguity, expressing its wish to withdraw.

Where the right of withdrawal is exercised within the above deadline, only the price of the Services ordered will be reimbursed.

Reimbursement of sums actually paid by the Customer will be made within a maximum period of 14 days as from receipt by ALPHATRAD of the notification of withdrawal from the Customer.

Conversely, Customers wanting Services to be performed immediately by ALPHATRAD without waiting for the end of the cooling-off period are duly informed that as a result of this specific request and in accordance with article L.121-21-8-1 of the French Consumer Code, they specifically renounce this right of withdrawal for the service under consideration.

ARTICLE 14 - PROVISION OF SERVICES AND COMPLAINTS

Services requested by the Customer will be supplied to the address given by the Customer at the time of placing the order within the deadline indicated on the quotation or the acknowledgment of receipt of the order.

This deadline starts from receipt by ALPHATRAD of the corresponding purchase order duly signed by the Customer, accompanied by the advance payment required.

ALPHATRAD undertakes to do its best to supply the Services ordered by the Customer within the deadline agreed in the quotation or the acknowledgment of receipt of the order.

If the services have not been supplied within a period of 30 days after the expiry of the deadline referred to above, for any reason other than force majeure or due to the Customer's actions, the sale may be cancelled at the Customer's written request under the terms specified in articles L. 138-2 and L. 138-3 of the French Consumer Code.

Sums paid by the Customer will be returned to it at the latest within fourteen days following the date the contract is cancelled, to the exclusion of any compensation or deduction.

In the event of a special request on the Customer's part concerning the conditions for supplying the Services, duly accepted in writing by ALPHATRAD, the costs relating to this request will be the subject of subsequent specific additional invoicing.

Failing concerns or complaints expressly expressed or made by the Customer on receipt of the Services or within the time period indicated below, the Services will be deemed to comply with the order, in terms of quantity and quality.

The Customer will have a period of fifteen (15) calendar days as from the Services being supplied to express such concerns or make such complaints in writing to ALPHATRAD with all the relevant supporting documentation.

No complaint can be validly accepted in the event of the Customer failing to comply with these formalities and deadlines.

ALPHATRAD will rectify (to the extent possible) as quickly as possible and at its own expense, according to suitable procedures agreed by the Customer, Services where defects are duly proved by the Customer.

It is specified that the non-conformity of a translation produced never confers a right on the Customer, even when it is notified to ALPHATRAD within the deadline referred to in this article, to suspend its payment or cancel the Contract.

ARTICLE 15 – DISPUTES

All disputes to which the purchase and sale transactions entered into under these General Conditions of Sale may give rise, concerning their validity, interpretation, their execution, their termination and their consequences and which cannot be resolved between ALPHATRAD and the Customer will be subject to the competent courts under the terms of common law.

The Customer is informed that it may in any case have recourse to conventional mediation, in particular via the Consumer Mediation Commission (C. consom. art. L 534-7) or via existing sector mediation bodies or any other alternative means for settling differences (conciliation, for example) in the event of a dispute.

ARTICLE 16 – PRE-CONTRACTUAL INFORMATION - ACCEPTANCE OF THE CUSTOMER

The Customer acknowledges that, prior to placing its order, it has received, in a legible and comprehensible manner, these General Conditions of Sale and all the information and particulars referred to in articles L.111-1 to L.111-7 of the French 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 Products and their ancillary costs (delivery, for example).
in the absence of immediate execution of the contract, the date or deadline on or by which ALPHATRAD undertakes to deliver the Service.
information regarding ALPHATRAD's identity, its postal, telephone and electronic contact details and its activities, if they are not evident from the context.
information regarding the legal and contractual guarantees and the procedures for implementing them.
the features of the digital content and if need be its interoperability.
the option of recourse to conventional mediation in the event of a dispute.
information regarding the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and the standard withdrawal form), termination procedures and other important contractual conditions.

The fact that, for an individual placing an order on ALPHATRAD's website, www.alphatrad.co.uk involves full and entire acceptance of these General Conditions of Sale, something that is expressly recognised by the Customer, which in particular waives reliance on any contradictory document that is unenforceable on ALPHATRAD.

III. SPECIAL PROVISIONS APPLICABLE TO PROFESSIONALS

ARTICLE 17 – CATEGORY-SPECIFIC GENERAL CONDITIONS OF SALE

Information shown in ALPHATRAD's catalogues, brochures and price lists is given for information purposes and can be revised at any time.
ALPHATRAD has the right to make any changes it deems to be useful.
ALPHATRAD may in addition, need to establish Category-Specific General Conditions of Sale, as an exception to these General Conditions of Sale, according to the type of Professional Customer under consideration, determined on the basis of objective criteria.
In these circumstances, such Category-Specific General Conditions of Sale apply to all Professional Customers fulfilling these criteria.

ARTICLE 18  – UNENFORCEABILITY OF THE PROFESSIONAL CUSTOMER'S GENERAL CONDITIONS OF PURCHASE

These General Conditions of Sale are expressly agreed and accepted by the Professional Customer which declares and recognizes that it is perfectly aware of them and as a result, waives reliance on any contradictory document and in particular, its own general conditions of purchase, which will be unenforceable on ALPHATRAD even if it is aware of them.

ARTICLE 19 – CANCELLATION OF THE ORDER

In the event that an order is cancelled by a Professional Customer after it has been accepted by ALPHATRAD, regardless of the reason apart from force majeure, ALPHATRAD will automatically retain the advance payment made when the order was placed and no reimbursement will be payable
Similarly, should the order be cancelled by the Professional Customer after it has been accepted by ALPHATRAD and after performance of the service has started, a sum proportional to the number of words already translated will be payable to ALPHATRAD and invoiced to the Professional Customer on the basis of the official rate or according to procedures agreed mutually.

ARTICLE 20 – PROVISION OF SERVICES AND COMPLAINTS

Services requested by the Professional Customer will be supplied to the address given by the Professional Customer at the time of placing its order within the deadline indicated on the quotation or the acknowledgment of receipt of the order.

This deadline starts from receipt by ALPHATRAD of the corresponding purchase order duly signed by the Professional Customer, accompanied by the advance payment required.

ALPHATRAD undertakes to do its best to supply the Services ordered by the Professional Customer within the deadline agreed in the quotation or the acknowledgment of receipt of the order.

As this deadline is not a strict deadline, ALPHATRAD cannot incur any liability in respect of the Professional Customer in the event of a delay in supplying Services that exceeds the aforesaid deadline.
In the event of a delay greater that sixty (60) days, the Professional Customer may request cancellation of the sale. Sums already paid will then be returned to it by ALPHATRAD, to the exclusion of any compensation or deduction.

ALPHATRAD cannot in any case incur liability in the event of delay or suspension of the provision of the service attributable to the Professional Customer or in the event of force majeure.
In the event of a special request on the Professional Customer's part concerning the conditions for supplying the Services, duly accepted in writing by ALPHATRAD, the costs relating to this request will be the subject of subsequent specific additional invoicing.

Failing concerns or complaints expressly expressed or made by the Professional Customer on receipt of the Services or within the time period indicated below, the Services will be deemed to comply with the order, in terms of quantity and quality.

The Professional Customer will have a period of fifteen (15) calendar days as from the Services being supplied to express such concerns or make such complaints in writing to ALPHATRAD with all the relevant supporting documentation.

No complaint can be validly accepted in the event of the Professional Customer failing to comply with these formalities and deadlines.

ALPHATRAD will rectify (to the extent possible) as quickly as possible and at its own expense, according to suitable procedures agreed by the Professional Customer, Services where defects are duly proved by the Professional Customer.

It is specified that the non-conformity of a translation produced never confers a right on the Professional Customer, even when it is notified to ALPHATRAD within the deadline referred to in this article, to suspend its payment or cancel the Contract.

ARTICLE 21 – ABSENCE OF SET-OFF FOR NON-RECIPROCAL CLAIMS OR DEBTS

Delay in payment will lead to all sums owed to ALPHATRAD by the Professional Customer becoming immediately due, without prejudice to any other action ALPHATRAD may have the right to initiate, in this respect, against the Professional Customer.

Unless agreed specifically by ALPHATRAD in advance in writing, and provided that reciprocal claims and debts are unquestionable, liquid and due, no set-off can be validly performed by the Professional Customer between potential penalties for the late provision of services ordered or services not complying with the order, on the one hand, and sums owed by the Professional Customer to ALPHATRAD, in respect of the purchase of the aforesaid Services, on the other.

ARTICLE 22 – DISPUTES

All disputes to which the purchase and sale transactions entered into under these General Conditions of Sale may give rise, concerning their validity, interpretation, their execution, their termination and their consequences and which cannot be resolved between ALPHATRAD and the Professional Customer will be subject to the competent courts under the terms of common law.

 

The client declares that they understand and agree to the entire content of these General Conditions, which become an integral part of the contract that binds the client and ALPHATRAD.