General Terms and Conditions of Sale

(Last revision on 1 May 2019)

Last revision on May 1, 2019

Introduction

The company Geneanet S.A., registered with the companies register (RCS) in Paris number B 428 812 572, and a capital of 53,814.40 €, and intra-Community VAT number FR 60428812572, and the headquarters of which being located 165bis rue de Vaugirard 75015 Paris, France (hereinafter referred to as “Geneanet”), is editing a website, accessible at www.geneanet.org, dedicated to genealogy (hereinafter referred to as “the Site”).

The Site is edited by the company Geneanet S.A., located 165bis rue de Vaugirard 75015 Paris, France. The publication director of the site Geneanet is M. Jacques Le Marois, chief executive officer of the company Geneanet S.A.

Through the Site, Geneanet provides multiple products and services which every user registered for free on the Site (hereinafter referred to as “the Member”) can order.

After registering, the Member can choose to subscribe to the services provided by Geneanet through its Site by the subscription of a Premium membership.

Furthermore, as part of the sections of the Site called La Boutique (https://www.geneanet.org/boutique/) (hereinafter referred to as “La Boutique”) or Produits Dérivés (https://shop.spreadshirt.fr/geneanet) (hereinafter referred to as “Produits Dérivés”), Geneanet sell, on behalf of its partners or directly, some products linked directly or indirectly to genealogy.

The present Conditions of Sale (hereinafter referred to as “Conditions of Sale”) apply to all these activities.

Section 1 – General provisions related to all orders

Article 1: Acceptance of Conditions of Sale

Placing an order implies that the customer accepts fully and completely the present Conditions of Sale and the Terms and Conditions of Use (https://en.geneanet.org/legal/cgu/) (hereinafter referred to as “Terms and Conditions of Use”), and the full legal capacity allowing him to engage with these Conditions of Sale.

These Conditions of Sale can be modified at any time, the terms applicable are those enforced on the Site on the date the order is placed.

Each Member of the Site recognizes having been fully informed and that he is bound by all provisions of the present Conditions of Sale. They constitute a binding agreement between the Member and the Company. On this basis, they are applicable to all order placed on the Site, by a Member, final consumer.

The current Conditions of Sale are applicable at any time on the Site, and the Member can save and/or print them before the validation of the order.

The Member declares to have acknowledged and unconditionally accepted the present Conditions of Sale before placing an order by ticking the box provided for that purpose, any validation of order implies the acceptation of the Conditions of Sale by the Member.

Any term or contrary clause opposed by the Member will therefore be unenforceable, unless an express acceptance formulated by the Company.

The fact that the Company does not exercise his right or a term of the Conditions of Sale will not constitute a waiver to exercise that right or that term subsequently.The waiver to such a right or term will be effective only if it is subject to a written and signed document by a duly authorized representative of the Company.

Unless contrary and express provision to the Conditions of Sale, the exercise of a right by the Company shall be without prejudice to all or any of the Company’s other rights.

If, for any reason, an arbitrator or a competent court consider a term of the Conditions of Sale as invalid or unenforceable, this term shall be applicable to the extent permitted by current law, and the other terms of the Conditions of Sale will remain in full force and effect.

Article 2: Contract information and documents

The contract information published on the Site are accessible in French. They will be will be subject to a confirmation in the order summary which will be sent to the customer after the recording of the order (email of confirmation).

The contract of sale made with the customers consists of the following contract documents:

• The present Conditions of Sale;
• The purchase order if so

In case of contradiction between the terms of these documents, the Conditions of Sale shall prevail.

Article3 : Ordering

The customer places an order by clicking the link “Add to cart” available next to all products.

The customer must sign up if not registered on the Site. Registration is free and allows to access multiple services provided by the Site.

The recording of the order by Geneanet results in the sending of an email of confirmation.

The order will be duly taken into account and validated when Geneanet has effectively received the paiement of the order.

Article 4: Prices

On the Site, the prices are indicated in Euros including all French taxes (French VAT and other applicable taxes), excluding participation in the processing and shipping fees. Regarding the Premium subscription, the prices may be indicated in another currency depending on the country of residence of the Member.

Geneanet reserves the right to change the prices at any time. However, the products and services are invoiced on the basis of the applicable prices at the time of the order.

The promotional offers are valid as long as they are available on the Site, within the limit of available stock, excluding promotional offers mentioned as such on the Site. In case of promotional offers for a limited period expressly mentionned, the promotional price will be applied since the order has been registered during the period of the mentionned promotional offer.

Some particular conditions are set concerning the delivery cost of the products in Section 3.

Article 5: Payment conditions

Payment may be made online credit card, Visa or MasterCard, via Paypal (not in all countries), or by cheque (France only). The credit card is charged at the time of the order. The cheque is cashed when received.

The bank transfer fees, the exchange costs and other financial costs are the responsibility of the customer.

Concerning the payment by credit card, the customer is directly is put in relation with the Geneanet bank. After the order is registered, he is redirected to the secure payment server of the Geneanet trusted third-party duly authorized for this purpose with which he directly dialogues. The provided information, specifically the credit card number, are safely transmitted (SSL protocol). They are only known by the bank which only transmit an agreement and an order validation to Geneanet.

Concerning the payment by bank cheque or postal cheque, it must be made to the order of Geneanet and sent to – 165 bis rue de Vaugirard – 75015 PARIS – France, with the order summary.

Only payments in Euros and cheques drawn in Euros on a French bank are accepted.

Any order which payment may not be received by Geneanet within a period of 30 (thirty) days from the date of recording of the order will be automatically cancelled, and the customer will be notified by email.

Article 6: Evidence of the transaction

The electronic records, stored in the Geneanet computer system under conditions of reasonable security, will be considered as evidence of communications, orders and payments reached between the parties. The archiving of orders and invoices is made on a reliable and durable backup media and can be produced as evidence.

Article 7: Right of cancellation

In accordance with applicable law, the Customer has a period of 14 (fourteen) business days from the date of delivery to return the products at its own expense.

In order to facilitate the processing, without this being a required formality, every product return will be first notified to the Geneanet Customer Support by email at [email protected] In return, Geneanet will provide the postal address to which the Customer may return the product.

Products such as softwares and CD-Roms must be unsealed by the Customer.

All returned products must be in their original packaging and in perfect condition for resale. All damaged product returned by the Customer will neither be exchanged nor reimbursed.

This right of cancellation is applied without penalty, the customer will bear the return costs. In accordance with article L.221-28 of the French Consumer Code, this cancellation period is not applicable:

• To contracts for accessing online information, such as database consultation, and to service contracts made online and for which, by definition, the execution started before the 14-day period;
• To products such as softwares and CD-Roms if they have been unsealed;
• To personalized products such as on-demand family tree printing;
• To newspapers, periodicals and magazines.

Article 8: Non-compliance – Hidden defects

In accordance with legal provisions, and specifically the guarantee of compliance under Article L. 211-4 and seq. of the French Consumer Code and guarantee of hidden defects under Article 1641 of the French Civil Code, defective products, damaged products and non-complying products will be be refunded or exchanged.

The Customer will inform Geneanet at [email protected], specifying the reason of return. Geneanet will provide the postal address to which the Customer may return the product.

This guarantee of compliance and hidden defects does not apply to the Geneanet services such as the Premium subscription.

Article 9: Protection of personal data

For issues concerning personal data, the Member may refer to the Terms of Service which explain these issues (https://en.geneanet.org/legal/cgu/).

According to the French law “Informatique et Libertés”, January 6, 1978, and to the European regulation, the Customer has a right of access, rectification and deletion of personal information given during ordering and concerning them. The Customer may exercise this right by sending an email at [email protected], or by writing at :

Geneanet – 165 bis rue de Vaugirard – 75015 Paris – France.

Geneanet undertakes to make its best effort to take all necessary precautions in relation to the nature of data, and in particular to ensure that they are not deformed, damaged or become accessible to unauthorised third parties.

The Customer is informed that personal data are provided to Partners suppliers of ordered products for the purpose of processing the order.

The Customer who has authorized Geneanet to provide personal data to its partners can withdraw its consent by sending an email to Geneanet at [email protected] Under these circumstances, Geneanet, within three days following receipt of the email, will cease to use personal data given by the Customer, subject to the requirements of the processing of the order.

The potential use of personal data of the Customer by Geneanet may not, under any circumstances, lead to any remuneration or benefit to the profit of the Customer.

Geneanet reserves the right to provide personal data of the Customer if required by a governmental authority, in particular legal, or in application of the law. Geneanet also reserves the right to provide personal data of the Customer, if needed, to ensure its defence as part of a legal proceeding.

Article 10: Liability

The products sold on the Site are in compliance with the French applicable regulations. Geneanet cannot be held responsible for the non-compliance of the regulations in another country where the product may be delivered.

The liability of Geneanet will not be held once the non-execution or incorrect execution of the contract is attributable to the Customer, or to the unpredictable and insurmountable act of a third party, or in case of force majeure.

The Customer declares his knowledge and acceptance of the characteristics and limits of the Internet, in particular as far as technical performance, the response time for consulting, examining or transferring information, the risk of interruption, and more generally, the risks inherent in any Internet connection and transmission, the lack of protection for certain data against possible misuse and the risks of contamination by viruses on the network are concerned.

Therefore, Geneanet shall not in any circumstances be held responsible for any damage directly and indirectly related to one of these characteristics and/or limits.

The connection of the Customer to the Site, and the use, in full or in part, of the services provided on the site, come under the full responsibility of the Customer.

It is the Customer’s responsibility to take all necessary measures to protect its own data and/or software stored on its computing equipment against any loss or damage.

Article 11: Intellectual property

The Site and all associated rights are the exclusive property of Geneanet.

All the brands, logos and other distinctive signs shown on the Site, as well as on other sites accessed through hypertext links, are the exclusive property of their owners and thus are protected by the provisions of the Intellectual Property Code.

Any unauthorised reproduction of these brands, logos and distinguishing marks and/or signs constitutes a punishable infringement.

All texts, commentary, illustrations, data and images reproduced on the Site and those to which the Site allows access, are subject to copyright and their reproduction or non-authorised download constitutes a punishable infringement.

Some products for sale on the Site, such as softwares, are subject to personal and specific rights of use regulating copies, public broadcasts, rentals. The customer is responsible for its use of these products.

Article 12: Amicable settlement of disputes

In the event of any dispute between the parties and of the failure of a written complaint of the Member to the Company, or in the event of any lack of response of the Company within a reasonable period of one (1) month, the Member, within one year from the date of complaint, can have recourse to any alternative mode of settlement of disputes, and specifically to a mediation procedure using the European Online Dispute Resolution platform at http://ec.europa.eu/odr.

This procedure is free and the Member can, at its own expenses, seek the assistance of counsel. The Member is is free to accept or refuse the use of mediation and, if so, the solution proposed by the mediator.

Article 13: Disputes

The present General Terms and Conditions of Sale are subject to French law and the Vienna Convention on Contracts for the International Sale of Goods. In the event of a dispute, the French courts will be only qualified.

Section 2 – Specific provisions relating to the Premium subscription

Article 1: Subscription and order placement

The Member can subscribe to Geneanet Premium. For this purpose, the Member must give his details, must accept the Geneanet Terms and Conditions of Use and the General Terms and Conditions of Sale, then make the payment of the subscription.

The effective starting date of subscription is the date of payment confirmation, confirmed by email sent to the Member. After checking and confirmation of the payment, an email is sent to the Member to confirm access to the Service.

Article 2: Duration

The Geneanet Premium subscription duration is 3-month, 1-year or 2-year, depending on the Member’s choice, from the date of confirmation of the subscription by Geneanet. The payment remains acquired by Geneanet in any case, specifically in the case where the Premium Member would not make use of the Premium services.

Article 3: Automatic renewal of the Geneanet Premium subscription

In case of the subscription to the 3-month Geneanet Premium service, the Member expressly accepts the automatic renewal of the Geneanet Premium subscription, for the same period, at the end of each 3-month period.

For this purpose, according to article L215-1 of the French Consumption Code, “For service contracts concluded for a specified period with an automatic renewal clause, the professional service provider inform the customer in writing, by nominative letter or by email, at the earliest three months and not later than one month before the expiration of the period authorizing the rejection of the renewal, of the possibility of not renew the contract he has agreed with an automatic renewal clause. This information, given in clear and understandable terms, mentions, in a visible box, the final date for non-renewal.

If this information was not communicated in accordance with the provisions of first paragraph, the customer can terminate the contract for free, at any time from the date of renewal.

The advance payments made after the last date of renewal or, in regards of open-ended contracts, after the date of transformation of the initial fixed-term contract, are, in this case, refunded within 30 days of the termination date, after deduction of the corresponding amounts, until this, at the contract execution.

The provisions of the present article apply without prejudice of those which legally bound some contracts to specific regulations concerning the information to customer.”

The possibility to not renew the 3-month Geneanet Premium subscription will be notified to the Member at the time of the renewal and three months before expiration and/or next renewal.

The cancellation request may be issued by the Member at any time and will be effective at the end of the current 3-month subscription.

The 1-year and the 2-year subscriptions are not bound to the automatic renewal and the present article does not apply to them.

Article 4: Limitation of liability

Geneanet is taking the necessary measures to make the Website accessible 7 days a week and 24 hours a day, but, due to the uncertainties inherent to activity on the Internet, is not held to any obligation to do so, according to the Terms of Service. Therefore, Geneanet cannot be held responsible for any service downtime.

However, in the case where a Premium Member would be unable to access the Premium services through the fault of Geneanet or any event due to force majeure, the Member may ask for the cancellation of their subscription and the refund “pro rata temporis” for the unexpired period, or an extension of the subscription for a duration equal to that of the unavailability.

Article 5: Waiver of right of withdrawal

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.

Section 3 – Specific provisions concerning the sale of Products

Article 1: Intermediary

Without prejudice to the provisions of Article 11 hereafter concerning the liability, the Customer is informed that Geneanet, as part of the sale of Products in the Online Shop, intervenes as an intermadiary on behalf of its partners.

The invoicing of Products will therefore be directly made by each of the partners involved in the order of the Customer, which will receive, in the case of an order for multiple different products, as many invoices and deliveries as there are partners involved in the order.

Article 2: Order, delivery and delivery cost

2.1. Once the payment is received, the delivery of products if notified by email to the Customer, subject to the conditions of delivery and of availability set out in Article 5 hereafter.

If so, the invoice corresponding to the order of the Customer will be attached to the delivery of the products, it being recalled that in the case of an order for multiple different products, the Customer will receive as many invoices as there are partners involved in the order.

The Customer may view its orders in the “Suivi de commande” section.

Geneanet reserves the right to cancel or refuse any order from a customer with whom there is a dispute concerning payment of a previous order.

2.2. The processing and delivery fees vary depending on 6 areas, and the tariff is automatically set depending of the delivery address of the Customer:

• Zone 1 : Metropolitan France and Monaco
• Zone 2 : European Union, Switzerland, Gibraltar, Liechtenstein, San Marino and Vatican
• Zone 3 : Other countries
• Zone 4 : Overseas France

As a tariff is set to each area, in the case where the Customer would give a delivery area that does not correspond to the effective delivery address, the order would be cancelled and Geneanet would ask the Customer to make a new order by selecting the delivery area that correspond to the effective delivery address.

2.3. Tax – Duties

Every order delivered outside the European Community may be subject to taxes and duties. The payment of the taxes and duties will be charged to the Customer and are the responsibility of the Customer.

Article 3: Delivery – Availability

The products are shipped to the delivery address given by the Customer at the time of the order.

A delivery time is given on each product sheet, corresponding to a shipment in Metropolitan France. The order is processed from receipt of the payment (debit of the credit card or cashing of the check), these time limits run on the date of this receipt and not on the date of the order.

The products are delivered by the Geneanet partners, product suppliers. In case of an order for multiple different products, the Customer will receive as many deliveries as there are partners involved in the order.

Product offers are valid as long as stocks are available from these partners.

Geneanet communicates to the Customer the information concerning the availability of the products, which Geneanet receives from its partners.

In case of a product’s unavailability after the order has been made, the Customer will be notified by email. It will be proposed:

• To cancel the order and to be refunded
• To replace the unavailable product with an equivalent product (if it is possible to provide a product of equivalent quality and price).

In case of permanent unavailability and if it’s not possible to provide a product of equivalent quality and price, the order will be automatically cancelled and refunded to the Customer, according to the procedures set out in Article 8. In case of products deliverable at different dates due to their availability, the delivery time is based on the longest one. Geneanet reserves however the possibility to split shipments. In this case, the participation in delivery costs will be invoiced for only one delivery.

Article 4: Claim

In case of a claim concerning its order, in order to propose an appropriate solution as soon as possible, the Customer will be put in contact with the Geneanet partner, supplier of the concerned products.

If you have any questions about the Online Shop…

In the case of a problem with the delivery of an order, please use the provided interface on the Site. If needed you can use the email address below but we do not guarantee a quick answer:

• By email at: [email protected]
• By phone: +33 (0) 1 42 74 40 30
• By letter at: GENEANET – 165 bis rue de Vaugirard – 75015 Paris – France