General Terms and Conditions of Sale
(Last revision on 1st of January 2015)
2.Enforceability of the present General Terms and Conditions of Sale
3.Subscription and ordering
4.Prices and payment conditions
5.Payment methods and time-delays
6.Right of cancellation
8.Licence and rights of reproduction and usage
9.Limitation of liability
10.Claims and litigation
Geneanet (hereinafter referred to as “Website”) is a Website edited by Geneanet SA, registered with the companies register (RCS) in Paris number B 428 812 572, and a capital of 218 759 €, the headquarters of which being located 165 bis, rue de Vaugirard 75015 Paris (France).
The present General Terms and Conditions of Sale (hereinafter referred to as “GTCS”) apply to all services provided by Geneanet, and specifically to the Geneanet Premium service and to all document purchases (hereinafter referred to as “Service”), excluding the boutique.
The “Documents purchasing Service” allows the perusal of sets of documents of a genealogical and historical nature. Access to this level of detailed information from the Service requires a subscription, as well as the purchase of packs of points. The perusal of a document in its entirety requires the use of points purchased from the Service.
The Geneanet Premium Service allows the user to benefit from, amongst other things, the advanced services mentioned on the this link.
The present GTCS are made known to each user of the Service. Any subscription or order implies the complete adhesion without reserve of the user to the General Terms and Conditions of Use (hereinafter referred to as “GTCUs”) of the Website, as well as the present GTCS.
After choosing and selecting the desired services, the Website User may subscribe to Geneanet Premium or to the document purchasing service. To do this, the User must provide their details, accept the GTCUs and GTCSs, and make the payment.
The start date of the subscription is the date of validation of the payment transaction, confirmed to the Subscriber by email. After verification and validation of the payment, an email confirming access authorisation to the Service is sent to the Subscriber.
In order to allow immediate use of the Service, the Subscriber acknowledges that the Service falls within the supply of digital content on a non-material medium, according to the French Consumer Code, and expressly declares his wish that the contract is executed on receipt of his payment.
Under the “Document purchasing Service”, the number of points necessary for the final perusal of a document or of data is specified to the User prior to his selection being validated. All validated choices are definitive. The number of points corresponding to the perusal of the document is automatically deducted from the balance of points. If the User does not have a sufficient amount of points to validate his selection, he will be given the choice of purchasing an additional pack of points among those available.
Documents will not be sent to the Subscriber, by email, or by post: perusal of the document is done solely online. The facsimiles (certified copies) are provided and delivered from the original reference documents. Considering their age, some documents may have defects (stains, etc.) that in no way affect their comprehension or the value of their content. No claim will be accepted in this regard.
With regard to the “Document purchasing Service”, the Subscriber will be allocated an account that is activated with packs of points. There are four packs of points and the prices below are those in force on the day of publication of the present:
-the Roseau pack will give the Subscriber 90 points at a price of 9€ TTC.
-the Frêne pack will give the Subscriber 190 points at a price of 19€ TTC.
-the Hêtre pack will give the Subscriber 380 points at a price of 38€ TTC.
-the Chêne pack will give the Subscriber 700 points at a price of 65€ TTC.
Subscription prices are those in force on the day of subscription by the User. Any modification in subscription prices will therefore not be applicable to current subscriptions.
The subscription price for the Geneanet Premium Service is mentioned on the following page: http://www.geneanet.org/premium/. The cost, on the day of the present GTCS, is of 45€ TTC. for a year’s subscription. This price is susceptible to change each year, in relation to the evolution of the services included in the subscription. The amount of the subscription is retained by Geneanet in any event, notably in the case where a Premium member does not use the Service.
The subscriptions will be paid in Euros or in a currency displayed on the Website, and any extra costs incurred for changing or transferring funds remain the client’s responsibility.
Payment may be made by Visa or MasterCard online, by cheque (France only), via Paypal or by bank transfer. Secure online credit card payment on the Website will allow the automatic and immediate validation of the purchase. Manual validation is required for other methods of payment requiring a delay of up to ten days for bank transfers.
Geneanet Premium subscriptions and packs of points are neither transferable nor exchangeable. Any purchase of a pack is attributed to one single account. It is impossible to modify the attribution of a pack or of one or more points from one account to another.
In accordance with article L.121-21-8 1 and 13 of the French Consumer Code , the right of cancellation may not be exercised for contracts to supply services fully executed before the end of the cancellation period where the contracts to supply containing digital content on a non-material medium and where performance has begun after prior express consent from the consumer and the express waiver of his right of cancellation.
The User formally acknowledges and accepts that, in all cases where he expressly accepts the execution of the Service or uses the Service, and expressly waives his right of cancellation before expiry of the cancellation period, he will not legitimately be able to invoke this right.
The points associated with the subscription to the Service should be used within twelve months of the date of purchase. Any new purchase of a pack of points will extend the validity of the non-used or expired points.
The duration of the subscription to the Geneanet Premium Service is of one or two years, according to the User’s choice, from the date of validation of the subscription by Geneanet. The amount will be retained by Geneanet in any event, and in the case where a Premium member does not use the Service.
For access to the Website, Geneanet consents to giving the User, who accepts, a license under the following conditions:
-Use of all the information contained in the documents consulted using the “Document purchasing Service” is free of charge;
-The integration by the User in his own genealogy of information included in the document consulted using the Service.
The license also confers to the User a non-collective and non-exclusive right of private use, on the documents consulted using the Service. It includes the right to reproduce for storage for the purposes of use on a single-user screen and reproduction, in one example, as a backup copy. Any networking, broadcasting, in any form, even partial, of the document is expressly forbidden.
The content of the documents is free of all charges, however their medium (the image) is not.
This right is personal; it is reserved for the exclusive and non-collective use of the User. Under no circumstances is it transferable.
Any other use should be submitted for prior and express authorisation.
The violation of these mandatory dispositions renders the contravener, and all persons responsible, to penal and civil penalties provided by law.
Geneanet will make every effort to make the Website accessible 7 days a week and 24 hours a day but, given the inherent inconsistent activity of the Internet, is bound by no obligation to do so, in accordance with the GTCUs. Geneanet cannot therefore be held responsible for any unavailability of the Service.
However, in the case where a Premium member is deprived of access to the Premium Service through a fault of Geneanet or as a result of force majeure, the member may request either the cancellation of his subscription or the pro rata temporis refund of the unused period, or the prolongation of the latter for a duration equal to the time during which it was unavailable.
Any claim relating to the use of the Service should be addressed to Geneanet using the form intended for this purpose. Geneanet commits to responding to the Subscriber within 48 hours (working days) from the date the claim was submitted. No response will be given to claims submitted via other modes of communication (fax, post, email).
The fact that Geneanet does not avail itself of any of the provisions of the present GTCS, may not be construed as amounting to the right to subsequently waiver any of the said provisions.
French law will govern these conditions. Unless unlawful, all disputes related to the validity, interpretation or execution of these conditions, and where conciliation has failed, shall be submitted to the jurisdiction of the competent Paris courts. These conditions have been drawn up in French and if necessary translated into a foreign language for information purposes only. In the case of difficulty of interpretation, the French version alone shall take precedence.