ARTICLE 1 – Scope of application

These General Terms and Conditions of Sale (known as GTC) apply, without restriction or reservation, to any purchase of the following services:

Optimised translation for search engines (including Amazon), classic translation, keyword research to improve online SEO,

as offered by the Service Provider to non-professional customers (“Customers or Customer”) on the www.uptimaz.eu website.

The main characteristics of the Services are presented on the www.uptimaz.eu website. The Customer is required to take note of this before placing any order. The choice and purchase of a Service is the sole responsibility of the Customer.

These GTC are accessible at any time on the www.uptimaz.eu website and will prevail over any other document. The Customer declares that they have read and accept these GTC by ticking the box provided for this purpose before completing the online ordering procedure on the www.uptimaz.eu website. Unless proven otherwise, the data recorded on the Service Provider’s IT system constitutes proof of all transactions with the Customer.

The contact details of the Service Provider are as follows:

uptimaz, SAS

Share capital of 1000 euros

Registered with the RCS of Lyon under the number 901783522

18 rue des Pépinières 69005 Lyon

email: enrico@uptimaz.eu

phone: +33 769 665 233

Customs duties or other local taxes, import duties or state taxes may be payable. These are the sole responsibility of the Customer.

ARTICLE 2 – Prices

The Services are provided at the rates that appear on the www.uptimaz.eu website when the order is registered by the Service Provider.

Prices are indicated in Euro, pre-tax.

The prices take into account any discounts that may be granted by the Service Provider on the www.uptimaz.eu website. These rates are firm and cannot be revised during their validity period but the Service Provider reserves the right, outside the validity period, to modify the prices at any time. Prices do not include processing, shipping, transport and delivery costs, which are charged in addition under the conditions indicated on the site and calculated prior to placing the order. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is drawn up by the Service Provider and given to the Customer when the ordered Services are provided.

Some orders may be subject to a previously accepted quotation. The quotes drawn up by the Service Provider are valid for a period of 30 days after their date of issue.

ARTICLE 3 — Orders

It is up to the Customer to select the Services they wish to order on the www.uptimaz.eu website according to the following terms and conditions:

The Customer will enter their contact details or login to their customer account. The Customer then chooses a Service that they add to their basket. This Service can be deleted or modified before confirming the order and accepting these general terms and conditions of sale. After validation of the information, the order will be considered final and payment from the Customer will be required according to the terms provided.

The sale will only be considered valid after full payment is received. It is the Customer’s responsibility to check the accuracy of the order and immediately report any errors. Any order placed on the www.uptimaz.eu website constitutes the formation of a remote contract between the Customer and the Service Provider. The Service Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order. The Customer will be able to follow the progress of their order on the website.

ARTICLE 4 – Payment terms

The amount is paid by secure payment, according to the following methods:

payment by credit card or payment by bank transfer to the Seller’s bank account (whose details will be provided to the Customer when placing the order).

The amount payable is due in full on the day the order is placed.

Payment data is encrypted using the protocol defined by the approved payment service provider for banking transactions on the www.uptimaz.eu website.

Payments made by the Customer will only be considered final after effective collection of the sums due by the Service Provider. The Service Provider will not be required to proceed with the provision of the Services ordered by the Customer if the latter does not pay the the price in full under the conditions indicated above.

ARTICLE 5 – Provision of Services

The Services ordered by the Customer will be provided as follows:

Search engine optimised translation service and classic translation service, delivered electronically and principally at European level. Said Services shall be provided within a maximum of 30 working days from the final validation of the Customer’s order, under the conditions set out in these GTC, to the address indicated by the Customer when ordering on the www.uptimaz.eu website. The Service Provider agrees to use its best efforts to provide the Services ordered by the Customer, under an obligation of means and within the deadlines specified above.

If the ordered Services have not been provided within 30 working days after the indicative date of provision, for any reason other than force majeure or due to the Customer, the sale of the Services may be cancelled at the written request of the Customer under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Client will be returned to them at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction. In the event of a specific request by the Client concerning the conditions of supply of the Services, duly accepted in writing by the Service Provider, the costs associated with this will be subject to a specific additional invoice at a later date.

In the absence of reservations or complaints expressly made by the Client upon receipt of the Services, the Services shall be deemed to be in conformity with the order, in terms of quantity and quality.

The Customer shall have a period of 30 days from the provision of the Services to submit complaints by e-mail to enrico@uptimaz.eu, together with all the relevant supporting documents, against the Service Provider. No claim will be accepted if the Customer does not comply with these formalities and deadlines. The Service Provider shall reimburse or rectify the Services for which the Customer has provided proof of non-conformity as soon as possible, and at its own expense.

ARTICLE 6 – Right of withdrawal

Given the nature of the Services provided, orders placed by the Customer do not benefit from the right of withdrawal. The contract is therefore definitively concluded as soon as the order is placed by the Customer according to the terms specified in these GTC.

ARTICLE 7 – Service Provider’s liability – Guarantees

In accordance with the legal provisions and without additional payment, the Service Provider guarantees the Client against any lack of conformity or latent defect resulting from a defect in the design or execution of the ordered Services under the following terms and conditions:

Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

“The seller shall deliver goods that comply with the contract and is liable for any compliance defects in existence at the time of delivery. The seller is also liable for any compliance defects resulting from the packaging, assembly instructions or installation where they are responsible for these under the contract or they have been performed under their responsibility ”

Article L217-5 of the Consumer Code

“To conform to the contract, the product must:

1. Be suitable for the purpose usually associated with such a product and, if applicable:

– correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;

– have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or representative, including advertising and labelling;

2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to. ”

Article L217-12 of the Consumer Code

“Action resulting from lack of conformity lapses two years after delivery of the product. ”

Article L217-16 of the Consumer Code.

“When the buyer asks the seller, during the course of the commercial guarantee granted to them at the time of the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the period of the guarantee that remained to run. This period runs from the buyer’s request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. ”

In order to assert their rights, the Customer must inform the Service Provider, in writing (email or letter), of the existence of defects or lack of conformity.

The Service Provider shall reimburse, rectify or correct (to the extent possible) the services found to be defective as soon as possible and at the latest within 30 days of the Service Provider’s discovery of the defect or fault. This refund can be made by bank transfer or check.

The Service Provider’s guarantee is limited to the reimbursement of the Services actually paid for by the Customer.

The Service Provider shall not be held responsible or liable for any delay or non-performance resulting from a case of force majeure generally recognised by French case law.

The Services provided through the Service Provider’s website www.uptimaz.eu comply with the regulations in force in France. The Service Provider shall not be liable for any failure to comply with the laws of the country in which the Services are provided, which are the Customer’s sole responsibility to check.

The Services purchased on the www.uptimaz.eu website may, in addition to the legal guarantees of conformity and hidden defects, benefit from a contractual guarantee as indicated, where applicable, in the description of a given Service, according to the following terms, conditions and rates:

The Customer may request an unlimited number of free revisions after delivery of the service.

This contractual guarantee covers the following situations:

This guarantee applies before the maximum period of reimbursement, replacement or repair of the non-conforming or defective good(s) in accordance with the legal guarantee.

This guarantee is excluded in the following situations:

This guarantee does not apply to situations where the customer modifies the source text (the original document) for which they have requested an optimised translation service or a classic translation service.

It is applicable under the following conditions:

The Customer may make a complaint by contacting uptimaz customer service. uptimaz agrees to resolve the problem as soon as possible.

ARTICLE 8 – Personal data

The Customer is informed that the collection of their personal data is necessary for the sale of the Services and their realisation and delivery, as well as for their transmission to third parties involved in carrying out the Services. This personal data is collected solely for the purpose of carrying out the service contract.

8.1 Collection of personal data

The www.uptimaz.eu website collects the following data:

Opening an account

When creating a Customer/User account:

Last names, first names, postal address, telephone number and email address.

Payment

As part of the payment for the Services offered on the www.uptimaz.eu website, the latter records financial data relating to the bank account or credit card of the Customer/user.

8.2 Recipients of personal data

This personal data is reserved for the sole use of the Service Provider and its employees.

The data controller is the Service Provider, in accordance with the French Data Protection Act and, as of 25 May 2018, Regulation 2016/679 on the protection of personal data.

8.4 Limitation of processing

Unless the Customer gives their express consent, their personal data will not be used for advertising or marketing purposes.

8.5 Data retention period

The Service Provider will keep the data thus collected for a period of 5 years, covering the time of the applicable contractual civil liability limitation period.

8.6 Security and confidentiality

The Service Provider implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, please note that the Internet is not a completely secure environment and the Service Provider cannot guarantee the security of the transmission or storage of information on the Internet.

8.7 Implementation of Customer and user rights

In accordance with the regulations applicable to personal data, Customers and users of the www.uptimaz.eu website have the following rights:

• They can update or delete the data concerning them in the following ways:
• By logging into their account, in the account settings tab..
• They can delete their account by writing to the email address indicated in article 1
• They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 1
• If the personal data held by the Service Provider is inaccurate, they may request that the information be updated by writing to the address indicated in article 1
• They may request the deletion of their personal data, in accordance with the applicable data protection laws, by writing to the address indicated in article 1
• They may also request the portability of data held by the Service Provider to another service provider.
• Finally, they can object to the Service Provider’s processing of their data

These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.

The Data Controller must provide a response within a maximum of one month.

In the event that the Customer’s request is refused, reasons must be provided.

The Customer is informed that in the event of a refusal, they may file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to tick a box to agree to receive informative and advertising emails from the Service Provider. They will be able to withdraw their consent at any time by contacting the Service Provider (contact details above) or by following the unsubscribe link.

ARTICLE 9 – Intellectual property

The content of the www.uptimaz.eu website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 10 – Applicable law – Language

These GTC and the operations arising from them are governed by and subject to French law.

These GTC are originally written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

ARTICLE 11 – Litigation

For any complaints, please contact customer service at the Service Provider’s postal or email address indicated in ARTICLE 1 of these GTC.

The Customer is informed that they may in any event resort to conventional mediation, to existing sectoral mediation bodies or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.

In this case, the appointed mediator is

FEVAD

BP 200015 — 75362 PARIS CEDEX 8

https://www.mediateurfevad.fr/index.php/espace-consommateur-2/

Email: mediateurduecommerce@fevad.com

The Customer is also informed that they may also resort to the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes to which the purchase and sale transactions concluded pursuant to these GTC and which have not been the subject of an amicable settlement with the seller or by mediation, will be submitted to the competent courts under the conditions of common law.