Application of The General Terms and Conditions of Delivery and Trade​

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These general terms and conditons of delivery and trade detail the rights and obligations of the CHAHBAZIAN Office and its clients. They apply to all offers and services offered by the CHAHBAZIAN Office. Contracts are therefore governed by these general terms and conditions of delivery and trade, unless expressly provided otherwise in the contract. These conditions are regularly updated and published on the armengen.net site at the following address: https://www.armgen.net/general-5 . The applicable version is that in force at the time of signing the contract. The applicable version of these general terms and conditions will be annexed to the contract.

These General Terms and condition had been write in french language. The French version of this document will be the official version and will control.

Validity of sections

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If one of the section of this contract is modified by court decision or declared invalid, the other sections remain in force.

Obligation of means

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The CHAHBAZIAN Office is bound by an obligation of means and not of results. Consequently, it undertakes to carry out research as complete as possible, based on available archival documents and in compliance with legal texts. He will do everything possible to obtain the results expected by the client. The fees will be fully due in the event of success as well as in the event of unsuccess (fees and costs).

Customer obligation

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The client undertakes to provide all the information enabling the CHAHBAZIAN Office to best accomplish its mission. In the event of omission or non-disclosure of essential information, the CHAHBAZIAN Office cannot be held responsible for the resulting delays or partial results. In the case of research concerning ascendants or descendants under the age of 75, a mandate will be issued to the CHAHBAZIAN Office to carry out the research on behalf of the client. Documents proving the client's affiliation with the people sought will be provided to the CHAHBAZIAN Office.

Confidentiality

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The CHAHBAZIAN Office is bound by professional secrecy of the data entrusted to him, henceforth referred to as “Confidential Information”. It undertakes to respect the legal texts protecting the private lives of individuals and not to disclose Confidential Information. During his research, the CHAHBAZIAN Office may call upon a third party to carry out additional research, particularly abroad. Confidential Information will only be disclosed to these third parties in cases of extreme necessity and if the mission expressly requires that any of this information be shared to carry out the research. In this case, the client's prior agreement will be requested by the CHAHBAZIAN Office. The CHAHBAZIAN Office undertakes to return all documents entrusted by the client, even in the event of disagreement between the parties.

Modification of the service

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The service may be modified at the customer's request, with 14 days' notice before the start of its performance. Any additional services will require a new quote.

Contract

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A genealogical services contract will be sent to the customer preferably by email, after acceptance of the quote. If the customer wishes, the quote, the contract and the invoice to be paid will be sent to him by post. This contract must be initialed and signed, then sent by email or post to the CHAHBAZIAN Office. The latter reserves the right to refuse the performance of a service if the mission seems to be impossible to the CHAHBAZIAN Office.

Start of the contract

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The customer has a period of fourteen days to exercise his right of withdrawal after signing a contract with the CHAHBAZIAN Office, without having to justify his decision. If the fourteenth day falls on a weekend or public holiday, the withdrawal period is postponed to the next working day. The start of the service only occurs at the end of the withdrawal period. The service may begin earlier if the customer requests it and waives his right of withdrawal in writing (mail or e-mail).

Contract length

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Unless a date is defined in the contract, the mission ends when the expected results are obtained or in the event of unsuccess.

Payment period

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In the absence of special provisions provided for in the quote or contract, payment is made upon receipt of the invoice. The maximum payment period, in the event of a service between companies to settle the sums due, cannot exceed, by default, 30 days at the end of the month from the date of issue of the invoice.

Late payment

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In the event of total or partial non-payment on the date scheduled when ordering, the professional Customer must pay the CHAHBAZIAN Office a late payment penalty of 10% calculated on the amount of the sum remaining due and running from the date expiry date of the price without any prior notice being necessary.

The amount of late penalties = (The amount including tax x rate applicable over the period) x (number of days late / 365). With: Applicable rate: ECB legal interest rate or at least 3 times the legal interest rate.

In addition to late payment compensation, any sum, including the deposit, not paid on its due date will automatically result in the payment of a lump sum compensation of 40 euros due for recovery costs.

Cancellation clause

 

If the customer has not paid the remaining amounts due, the sale will be canceled automatically and may open rights to the allocation of damages and interests for the benefit of the CHAHBAZIAN Office.

Retention of Ownership Clause – transfer of ownership

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The deliveries will remain the property of the CHAHBAZIAN Office until effective payment of the entire price for the mission. Non-payment, even partial, of any of the due dates may result in the deliveries being claimed. The right to claim is exercised even in the event of judicial recovery or liquidation of the professional customer. In the event of a claim, the sale will be terminated automatically. Contrary to article 1583 of the French Civil Code, the delivery of the genealogical files or other deliveries transfers the ownership to the customer. In the event of implementation of the Reservation of Ownership Clause, the deposits paid to the CHAHBAZIAN Office will remain acquired as damages.

Delivery and completion time

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Delivery of the service will be made by email and/or by post, depending on the option chosen. The completion deadline set in this contract may be revised in the event of exceptional and random closures of archive repositories, difficulties encountered during research (such as health problems or accidents of the genealogist), and more generally in the event of any other force majeure or fortuitous event.

Exoneration clause

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Under no circumstances shall the CHAHBAZIAN Office be liable to compensate for consequential damages such as loss of business, loss of profit or commercial loss resulting from subsequent discoveries.

Deliverable

 

At the end of the genealogical research carried out by the CHAHBAZIAN Office, a genealogical report is given to the client. This file includes a research report and a digital copy of all documents found that support this report. The report mentions the research carried out as well as the incomplete registers encountered.

No document can be provided on non-communicable documents to which the CHAHBAZIAN Office has been able to access; As these documents are not reproducible, a statement carried out by the genealogist will only be provided.

The computer entry service, not requiring genealogical research, will not result in the opening of any genealogical report.

Other deliverables are possible depending on the type of service chosen by the customer. For the computer entry service, a GEDCOM 5.5 file will be provide to the customer.

The results will be delivered when the entire service has been paid to the CHAHBAZIAN Office.

Veracity of information

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The CHAHBAZIAN Office undertakes to only deliver verified information based on documents. She undertakes to always cite her sources.
Failing this, it will clearly indicate the hypothetical nature of the conclusions.

Ownership of results

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CHAHBAZIAN Office has a “perpetual, inalienable and imprescriptible” moral ownership of the genealogical reports he provide to their customers. The customer may use the file as he sees fit in the private sphere. However, the customer undertakes to consult the CHAHBAZIAN Office prior to any other use, particularly in the event of distribution on the Internet.

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CHAHBAZIAN Office's computerized data may be distributed and shared on the Internet, since the purpose of this service is not to create a genealogical record. However, it is the customer's responsibility to comply with the European General Data Protection Regulations concerning the result delivered and the recommendations of the French CNIL in terms of the distribution of genealogical data.

Price

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Except other agreed, prices are not subject to VAT depending on the tax status of the CHAHBAZIAN Office – Laurent LE GUYADER CHAHBAZIAN Individual Entrepreneur. The services ordered correspond to quotes previously validated by the client. The price varies depending on the search and the number of hours. Any modification in the price of the service will be subject to a contractual amendment previously concluded between the CHAHBAZIAN Office and the client. The price of research does not include accommodation, travel and food expenses and others costs like copying costs, postage, intermediaire costs during abroad research.

No travel or accommodation costs will be charged for research in Great-Paris region. If travel is necessary for the mission, the CHAHBAZIAN Office will inform the client who must validate the approach.

Outside of Great-Paris region, an accommodation package including accommodation and food expenses may be billed to the customer.

Travel costs will be the actual costs incurred. For travel by car, the mileage allowance will be calculated based on the mileage traveled.

Fee prices and travel costs may be revised at any time by the CHAHBAZIAN Office. However, the prices in force for a service are those in force at the time of signing the contract.

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• Fees (for individuals):

  • Full-day research package (8 hours + repport): €280.00

  • Genealogical Research package (with a report): on quotation (depends of time spent)) for indication the hourly rates are: 

    • per hour : €35.00

    • half-day (4 hours) : €130.00

    • full-day (8 hours) : €250.00

  • Other services : on quotation

• Fees (for professionals) : 

  • Heir search formula : €1,500.00 (application fees) + 30 % of the amounts received thanks to the participation of the CHAHBAZIAN Office​

  • Other services : on quotation​​

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• Costs :

  • Food costs: €15.00

  • Accommodation costs: €60.00

  • Travel costs: At actual costs

  • Mileage allowance (if using a vehicle): €0.40/km

  • Copying and postage costs: At actual costs

  • Costs for access to information: At actual costs​

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Fee prices and costs may be revised at any time by the CHAHBAZIAN Office. However, the prices in force for a service are those in force when the contract is signed.

Payment choice

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Unless otherwise agreed between the CHAHBAZIAN Office and the client, payment by the latter is made upon receipt of the invoice. The preferred payment methods are transfers, payment by check payable to "Laurent Le Guyader Chahbazian" (Inside France only) or PayPal (abroad).

A deposit can be provided when signing the quote or contract and mentioned on these documents.

Discount

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In the event of early payment, no discount will be granted to the Customer.

Image rights

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The CHAHBAZIAN Office, during his mission, can take photographs to promote his know-how and the image of the CHAHBAZIAN Genealogical Office, in particular for commercial documents, the website or responses to calls for tenders. Upon signing the quote and at any time, the customer has the right to revoke this authorization by simple writing.

Protection of personal data

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As part of its service or through the contact form on the armgen.net website, the CHAHBAZIAN Genealogical Study collects personal data concerning the client (title, surname, first name, company name, postal address, contact details telephone calls, e-mail). This data is used for the management of genealogical services (to send the customer quotes, invoices and information necessary for the service), as well as for marketing processing. The data collected is subject to computer processing carried out by the genealogist and is stored securely for the purpose of providing the service, the subject of these general conditions, and in accordance with legal and regulatory obligations. The person responsible for data processing and protection is Laurent LE GUYADER, 26 Promenade Henri Vincenot, 77600 Bussy-Saint-Georges, etude-lgc@armgen.net. The data collected is not communicated outside the CHAHBAZIAN Office. The customer has a right of access, rectification, erasure and portability of data concerning him, as well as the right to oppose the processing, rights which he can exercise by contacting the data controller. to the postal or e-mail address mentioned above. Personal data is kept for five years after the end of the current year. If at the end of this period no commercial relationship is established, they will be deleted from the genealogist's files. However, once the customer has placed an order, and even in the event of a request to delete an account, the genealogist is required to keep the personal data appearing on invoices and purchase orders for 10 years from their date of issue. (article L-123-22 of the Commercial Code). Visit the cnil.fr website for more information on your rights. If you believe, after contacting us, that your “Computer and Liberties” rights are not respected, you can send a complaint to the CNIL.

Respect for privacy

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The CHAHBAZIAN Office is subject to the provisions of article 9 of the French Civil Code. He must in all circumstances respect the privacy of their clients and of the people whose existence they discover during their missions.

When genealogical research leads to the discovery of the contact details of third parties for whom the family ties do not appear in freely communicable documents and with whom their clients wish to come into contact, the CHAHBAZIAN Office must, before any transmission, ensure the agreement of said third parties regarding the disclosure of this link. If their contact details are not public, they must also ensure their agreement before any transmission.

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Disputes and competent court

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In the event of a dispute between the CHAHBAZIAN Office and the Client, they will endeavor to find an amicable solution. In the absence of an amicable agreement, the Client has the possibility of contacting the consumer mediator responsible for the CHAHBAZIAN Office, namely Mr. Gérard Gaucher, free of charge, within one year of the written complaint addressed to the professional. . The referral to the consumer mediator must be made by post or by e-mail: Mr. Gérard Gaucher - 51 chemin des Grands Moulins 69400 Gleize - email: contact@mediateurconsogenealogistesfrance.fr. Any dispute relating to the interpretation and execution of these general terms of delivery and trade is subject to French law and, in the absence of an amicable agreement, to the exclusive jurisdiction of the Commercial Court of Meaux, located at 56 Rue Aristide Briand, 77100 Meaux.