The present General Conditions can be consulted on the web site https://www.eloquo.nl/. Their text can also be obtained on simple request to the office of Eloquo.
"Eloquo" hereinafter refers to the sole proprietorship of Geert Jan de Noord, having his home office in Le Bouis, 03240 Deux-Chaises, France.
"Customer" hereinafter refers to any legal or natural person who calls upon Eloquo for information, a quote or an order.
For the application of the present General Conditions and any transaction resulting from them, Eloquo and the Customer elect domicile at their respective registered offices. This translation of the original French General Conditions is for reference only. Solely the original French General Conditions will be binding between both parties. For their interpretation and their execution, the General Conditions are subject to French law.
By calling upon Eloquo, the Customer is considered to entirely accept the whole of these General Conditions, which he or she must have consulted beforehand. All quotations and services are subject to these General Conditions exclusively. Any other term or any other condition must have been accepted in writing by Eloquo. Any retraction in favour of the Customer will not make any modification to the present conditions. Total or partial annulment of any clause of these General Conditions does not annul any of the other provisions.
Eloquo is free to revise the present General Conditions at any moment.
Eloquo is free to yield, sub-contract or differently transfer whole or part of its rights and obligations to any third party of its choice.
II. Quotations and orders
Any quotation given remains valid during 2 days. At the end of this period, if it were not accepted, it could be prone to revision. Deadlines are given as an indication and in good faith. They become effective as from the working day of reception of the documents that are the object of the required work.
A final quotation can be given only if the entirety of the original document is provided to Eloquo. The work carried out as a result of a quotation will be invoiced by the hour or on the basis of the number of words, standard lines or pages of the original, translated or edited text, as agreed with the Customer.
An order is considered final by Eloquo as of reception of the agreement of the Customer by e-mail or mail or by the validation of an order form on web site https://www.eloquo.nl/.
III. Responsibility and property
Eloquo dissuades Customers from using the results of its services as texts with a legal value without prior revision and, if necessary, editing by a qualified legal service, competent for the country of their diffusion. Eloquo will be in no case liable in case of diffusion by the Customer of whole or part of the result of a service of Eloquo.
Besides and in general, the Customer remains solely responsible for the consequences of the diffusion to thirds of whole or part of the results of a service of Eloquo.
Eloquo can in no case be held responsible for errors or circumstances beyond its control, or of indirect damages of any kind. Any responsibility is limited to the correction of errors in the translated, written or edited texts. No liability is accepted for any consequential damages.
Without prejudice to the conditions stated above and in any event, the maximum liability of Eloquo could in no case exceed, whatever the cause of its responsibility, and all causes confounded, a sum equal to the highest of the two following amounts: the amount of the payment received by Eloquo for the service that entailed the responsibility of Eloquo or hundred (100) Euro.
Before presenting a document to Eloquo, the Customer must make sure that he or she possesses the rights to it. Eloquo can in no way be held responsible if whole or part of the documents delivered by the Customer infringes any right of intellectual property or any other right of a third party or any applicable regulation.
The property of all translations and all projects carried out, as well as all rights pertaining to them remains with Eloquo until full payment of the total amount due, including any interest due.
IV. Complaints and terms of payment
Complaints must be made in writing and must be sent to Eloquo by e-mail or mail in the eight days following reception of work. The absence of any dispute indicates unconditional, unreserved acceptance of the delivered services.
All invoices are payable in Euro by transfer, French cheque or by any other means agreed upon in the estimate, the quotation or the invoice. Payment in the 30 days following the date of the invoice, unless expressly agreed otherwise in writing. All payments not received on the date of payment will be charged a late payment penalty of three times the legal interest rate without a prior letter of reminder. In addition, in case of late payment an indemnity of 40 Euro is automatically due to the creditor (Decree nr. 2012-1115 of October 2, 2012, articles L.441-3, L.441-6 and D.441-5 of the Commercial Code).