General Terms and Conditions of Sale
Last updated: 03/14/2024
These General Terms and Conditions of Sale establish the contractual terms applicable to the commercial relationship between the customer, hereinafter the “Customer”, and FLORIANE FRANCOIS EI, hereinafter the “Service Provider”:
Floriane FRANCOIS
Entrepreneur individuel
“Les Jolies Traductrices (LJT)”
2 rue Edith Piaf, 60000 Goincourt, France
SIRET: 891 879 447 00029
Intra-Community VAT no.: FR 53891879447
1.General provisions
The Service Provider offers her online services to professional translators, as well as to anyone wishing to learn about beauty translation or develop their skills in this field. She operates the website https://www.lesjoliestraductrices.com/, hereinafter referred to as the “Website”.
To benefit from the services presented hereafter, the Customer must be a natural person (of legal age) or a legal entity with full legal capacity to contract.
Sales are made exclusively online. They are governed by these General Terms and Conditions of Sale, which define the ordering and delivery procedures, as well as the various obligations of the Parties.
The Service Provider reserves the right to modify these General Terms and Conditions of Sale at any time. Nevertheless, the version in force at the date of the Customer’s order is the one applicable at the time of purchase. In the event of a change affecting the nature of the relationship between the Parties, the Service Provider will notify the Customer at the email address provided at the time of purchase.
The General Terms and Conditions of Sale prevail over any other contradictory document, in particular any General Terms and Conditions of Purchase issued by the Customer.
All clauses herein are independent of each other. If one of the clauses is declared invalid, this does not invalidate the document, and the other clauses remain in force.
The Customer must read and accept the General Terms and Conditions of Sale before placing any order, without restriction or reservation. This is the document that binds the Parties and provides a legal framework for the purchase.
2.Provider services
The Service Provider offers various services. These will be referred to as “Service(s)” when this document does not specify the name of a particular service.
They all take a digital form and are dematerialized.
2.1.Community
The Service Provider makes the community described below available to the Customer free of charge.
Called the “LJT Community”, this online community of translators specializing in cosmetics includes text and voice Discussion Forums available in English and French. These Discussion Forums enable members to ask translation and terminology questions, share useful information related to translation, cosmetics and entrepreneurship, or simply chat with other members.
By joining the “LJT Community”, members accept the Community Rules which are communicated to them when they first log on, and undertake to respect them. The aim of these rules is to create a safe and positive environment for all members.
In the event of non-compliance with the Rules, the volunteer moderation team reserves the right to delete messages or even block users temporarily or permanently. Please also note that the moderation team cannot be held responsible for any leakage of personal data or confidential documents caused by a member.
Discounts are offered within the community. These are promotional codes offered by selected partners. The conditions of use and validity of these codes are described in the corresponding discussion forums. Unless otherwise stated, the Service Provider does not receive any commission for these partnerships.
This community is hosted on the Discord platform, accessible via the web or Apple and Android mobile applications. The Customer must click on the invitation link provided by the Provider on her Website and create an account on the Discord platform in order to join the server.
2.2.Online program
The program which is the subject of this section is called “LJT Academy”.
It is an online training program designed to impart key concepts, terminology and advice relating to beauty translation.
The program includes :
- Access to the training area (read-only Notion page) for 16 weeks
- Access to a personal progress tracking area (Notion page with the option of making modifications) to submit exercises and receive feedback, also for 16 weeks
- Lifetime* access to a collaborative knowledge base (read-only Notion page), including a glossary with over 750 terms and a list of over 100 recommended resources for developing your knowledge of translation and cosmetics
- Lifetime access* to a community space specially dedicated to the LJT Academy within the Jolies Traductrices Discord server. The Provider will answer all training-related questions in this space.
*Lifetime = access will be included for the duration of the course, i.e. as long as the course continues to exist.
Here is the training program:
- Introduction
- Unit 1 – General information
- The translation market
- The cosmetics market
- Beauty translation
- Unit 2 – Key concepts and terminology
- Face
- Body and hygiene
- Make-up
- Manicure and pedicure
- Hair
- Fragrances
- Spas and institutes
- Unit 3 – Document types
- Document types and processes
- Technical documents
- Marketing documents
- Conclusion
This program can be completed in eight weeks, provided that you devote between one and two hours of work per week to it.
The Knowledge Base includes a glossary, a list of resources and a list of contributors.
The Glossary is a database of mostly cosmetology-related terms, both common and unfamiliar to the public, together with their translation into one or more languages and other useful information, such as definitions.
The Resource List is a database of various resources related to translation, beauty and entrepreneurship, such as online glossaries and paper books. This list includes links to external sites, including Amazon paid links. As an Amazon Partner, the Provider makes a profit on qualifying purchases.
The Knowledge Base is a collaborative medium. The Customer may himself/herself add terms, translations and definitions to the glossary and use those contained therein. The rules governing intellectual property are described in article 12. Intellectual property clause. Contributions may be made via the User’s personal space or by e-mail to hello@lesjoliestraductrices.com.
Although the Provider endeavors to maintain the accuracy and quality of the content of the Knowledge Base, she cannot be held responsible for any errors, omissions or inaccuracies. Users are invited to contribute responsibly and to report any errors for subsequent correction.
All contributions to the Knowledge Base are made free of charge. No remuneration is foreseen for members contributing to the collaborative content of the community.
Under no circumstances may the Customer share access to the various Notion pages to which he has access as part of the service, at the risk of having access to the platform temporarily or permanently restricted.
3.Access to Services
Services are made available on the Website.
Once the Customer has chosen the Service of his/her choice and the terms of payment, he/she must create a Notion account, which will enable him/her to access the content he/she has chosen.
Access to this Notion account is strictly personal, using the confidential connection codes that the Customer has created after receiving confirmation of his/her order.
The online hosting platform used by the Service Provider may be subject to change. If this is the case, the Customer will be informed of the migration of the Services and of the new connection conditions.
If the Customer decides to delete his/her account, he/she will no longer be able to access the content of the Services, either the initial content or any updates.
4.Booking and ordering
Before purchasing a Service, the Customer must ensure that he/she has the necessary IT equipment. The sales pages and the General Terms and Conditions of Sale specify which computer tools and devices, if any, are essential.
The Customer has access to the pre-contractual information required to conclude the sale in this document, which is made available to him/her prior to any purchase.
In order to confirm his/her intention to purchase, the Customer must:
Go to the sales page of the Service he/she is interested in,
Enter his/her first name, last name and e-mail address to book a free discovery call with the Service Provider. The purpose of this call is to check the suitability of the offer for the Customer’s needs,
Fill in the form sent by the Service Provider following the call to indicate billing details, choose payment options and accept the General Terms and Conditions of Sale by ticking the appropriate box,
Proceed with payment using the payment options chosen.
Once these steps have been completed, the order is confirmed by email. It is firm and definitive. This confirmation is sent to the address given at the time the order was placed. Details of how to access the Service are also communicated at this time.
The Service Provider reserves the right to refuse access to the Service to a Customer if places are limited and the Service Provider no longer has the capacity to accommodate the Customer, or if the Service Provider has had a dispute with the Customer in the past. In such cases, the Customer will be notified by email and the amount paid will be refunded in proportion to the access he/she may already have had to the various contents.
If the Customer encounters a problem with his/her order, he/she must inform the Service Provider as soon as possible by email at the following address: hello@lesjoliestraductrices.com. She will make every effort to resolve the problem as quickly as possible.
5.Right of withdrawal
In the case of a distance contract, and in accordance with article L 221-18 of the French Consumer Code, both the individual consumer and the professional customer have a right of withdrawal of 14 days from the conclusion of the contract.
To benefit from this right, the professional customer must use the Services outside the scope of his/her main activity. In other words, the Service must not be related to the customer’s core business. He/she must also have fewer than six employees.
In order to benefit from the Service in its entirety as soon as the order has been placed (or at least within a period of less than 14 days) and as soon as payment has been made, in accordance with article L 221-28 of the aforementioned Code, the Customer must expressly waive his/her right of withdrawal and thus acknowledge the loss of this right in favor of access to the Service within this period. By accepting the General Terms and Conditions of Sale, the Customer acknowledges the loss of this right and immediate access to the Service.
Once the right of withdrawal has been waived and payment has been made, the order is definitively validated, and no reimbursement can be made by the Service Provider on this basis.
For Services taking place more than 14 days after the online purchase, the Customer may exercise his right of withdrawal within this period. To do so, the Customer must make a written and unambiguous request to the Service Provider, who will determine whether the Customer meets the conditions necessary for reimbursement of the sums incurred.
Payment for all or part of the Service is due by the Customer.
The Customer may also use the withdrawal form in Appendix 1 to exercise this right.
6.Obligations and responsibilities of the Service Provider
Within the framework of her activity and the Services offered, the Service Provider is bound by an obligation of means. She makes every effort to offer her best services, advice and strategies. However, the Service Provider does not act on behalf of the Customer, and does not intervene in the Customer’s personal accounts or media. Her role is limited to delivering her services in the sole interest of the Customer. She cannot be held liable for any action taken by the Customer as a result of one of her statements or of any external event.
She provides all pre-contractual information necessary for the Customer to determine whether the Services meet his/her needs. If the Customer is at the origin of the delay, suspension or poor execution of the service proposed by the Service Provider, the Service Provider cannot be held liable.
The Service Provider may not be held liable in the event of dissatisfaction on the part of the Customer with the content of the Service, or in the event of decisions and/or actions taken subsequent to consumption of the Service, in the event of misinterpretation of the Service Provider’s advice, or in the event of possible damage to the Service Provider’s image as a result of different strategies adopted. On the other hand, in the event of any direct fault on the part of the Service Provider arising from her services, the Service Provider may be held liable, up to the amount paid by the Customer, if the Customer is able to prove the fault.
The Services are exclusively digital and remote. As such, the Service Provider is not responsible for any bugs, malfunctions or updates that may temporarily limit the Customer’s access to or use of these tools.
7.Obligations and responsibilities of the Customer
The Customer is bound by an obligation to cooperate. He/she must act in good faith during exchanges and follow the instructions given in the follow-up and execution of the Services. Any delay on the part of the Customer will result in a delay in the performance of the Service, for which the Customer shall be solely responsible.
He/she undertakes to check the content of the personal information he/she provides when ordering. The email address provided is the one that will enable him/her to receive the terms of access and execution of the Services in digital form. If the Customer encounters a problem with his/her order, he/she is requested to inform the Service Provider as soon as possible by email at the following address: hello@lesjoliestraductrices.com.
The content of the various media as well as the content of the Services may not be shared, disclosed or given access to other persons. Connection codes are personal and confidential. In the event of fault on the part of the Customer or failure to comply with his/her obligations, the interruption of access to the Service from which he/she benefits will not entail the reimbursement of any sum.
The Customer is also bound by an obligation to pay for the Services, according to the terms of payment chosen at the time of ordering. No reason may be given for requesting reimbursement of a Service after having accessed and benefited from it.
The Customer is solely responsible for understanding the information provided by the Service Provider in her Services, and for implementing the various techniques and strategies indicated.
8.Legal safeguards
The content of digital services that can be accessed autonomously by the Customer (such as online programs) is deemed to have been delivered in conformity with the Customer’s requirements and free of any hidden defects. The conformity of the Program is established with regard to the impossibility for the Customer to use or benefit from it in the way in which he/she should have been able to do so. Legal safeguards apply to all individual consumers.
The following text box sets out the regulations governing legal warranties for individual customers (consumers). These guarantees do not apply to any additional services to the online program, such as coaching and follow-up/private appointments, etc.
“The consumer has a period of two years from the date of supply of the digital content or service to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During a period of one year from the date of supply, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.
The legal warranty of conformity includes the obligation to provide all updates necessary to maintain the conformity of the digital content or service.
The legal warranty of conformity entitles the consumer to have the digital content or service brought into conformity without undue delay following his request, at no cost and without major inconvenience to him.
The consumer may obtain a price reduction by retaining the digital content or service, or he may terminate the contract by obtaining a full refund in exchange for relinquishing the digital content or service, if:
1° The professional refuses to bring the digital content or service into compliance;
2° The compliance of the digital content or service is unjustifiably delayed;
3° The digital content or service cannot be brought into conformity without incurring costs for the consumer;
4° Bringing the digital content or service into conformity causes major inconvenience to the consumer;
5° The non-conformity of the digital content or service persists despite the professional’s unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a price reduction or to rescission of the contract where the lack of conformity is so serious as to justify immediate price reduction or rescission of the contract. In such cases, the consumer is not obliged to ask for the digital content or service to be brought into conformity beforehand.
In cases where the lack of conformity is minor, the consumer has the right to cancel the contract only if the contract does not provide for payment of a price.
Any period during which the digital content or digital service is unavailable for the purpose of restoring conformity suspends the warranty that remained in force until the digital content or digital service was supplied in conformity again.
The rights mentioned above result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.
Any professional who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 242-18-1 of the French Consumer Code).
Consumers are also covered by the legal warranty for hidden defects* under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the digital content or service is retained, or to a full refund in exchange for renouncing the digital content or service.”
* The defect had to be present at the time of purchase of the digital content.
9.Pricing
9.1.Rates
Prices are indicated in euros (€). VAT is not applicable, in accordance with article 293B of the French General Tax Code.
- “LJT Community” = €0
- “LJT Academy” online program = €350, with the option of paying in one instalment or in two consecutive monthly instalments of €175.
9.2.Payment methods
The only accepted method of payment is by bank transfer to the Provider’s bank account, which will be communicated to the Customer at the time of payment.
The Service Provider has no access to the customer’s bank details, and payment management is the responsibility of the payment platforms.
Payments may be made in a single installment at the time of ordering on the Website. When payment facilities are proposed, they are offered at the payment stage, and the Customer must indicate his/her preference before proceeding with payment. It will be too late afterwards.
9.3.Late or non-payment
The full price of the Services is payable by the Customer. Payment facilities offered by the Service Provider must be respected. No cancellations are permitted. Any late payment after the monthly or annual payment due date will result in the temporary suspension of the Customer’s access to the Service, until such time as the Customer’s payment is in order.
In addition, any late or non-payment by the business customer will result in the remaining sums due becoming payable and the payment of late payment penalties equal to 3 times the current legal interest rate. These penalties are calculated on the outstanding amount (including VAT) and run from the day following the end of the missed payment deadline. An additional collection fee of €40 will also be charged.
In the event of late payment or non-payment by the individual customer, late payment penalties equal to the legal rate in force will be applied after any collection procedure implemented.
10.Confidentiality clause
The Parties undertake not to disclose confidential information received from the other Party.
Such information is that which is not known to the public domain and which relates to the personal affairs of the Parties, the organization and structure of their business, various internal policies and future projects. Such information may not be made public by the Parties until it has been made public by the Party concerned or someone else who may have done so.
All documents, media and content supplied by the Service Provider and having an educational or instructive purpose are confidential for the sole use of the Customer. The latter may not share the content, nor divulge it to third parties (unless otherwise authorized in writing by the Service Provider).
11.Collection and processing of personal data
Personal data (hereinafter “Personal Data”) enables the Service Provider to identify or make identifiable any individual customer, directly or indirectly. She acts as data controller, collects and processes Personal Data, in accordance with the European Regulation on data protection (GDPR) and French regulations, in particular the French Data Protection Act (Loi Informatiques et Libertés) and for confidence in the digital economy.
The collection of Personal Data on the Website is lawful, fair and transparent to the persons concerned. These Data are as follows:
In the case of an individual customer: first name, last name and email address, billing address, delivery address (if different from the billing address).
For professional customers: first name, last name and email address of the contact person, company name (or corporate name), VAT number if the customer is located in a European Union country, address of the company’s registered office, billing address (if different from the registered office), delivery address (if different from the registered office).
This data is essential for the Customer’s order and is transmitted on the following legal bases: the Customer’s consent, the Service Provider’s legal obligations and for the purposes of drawing up the contract between the Parties (invoicing, customer follow-up).
Data is kept for a limited period of :
- 3 years following expiry of a Service from which the Customer has benefited.
The Service Provider is the recipient of Personal Data. However, she uses sales, automation or planning platforms that may collect Data, only if the Customer gives consent: GOOGLE AGENDA, NOTION, LSP.EXPERT and WPFORMS. Please note that some platforms are not hosted within the European Union, but undertake to comply with standards equivalent to the protection conferred by the GDPR. The Customer is invited to consult the privacy policies of these various tools.
The Customer has various rights relating to the processing of his/her Personal Data, which he/she may exercise at any time: right of access, right to copy, right to rectify, right to forget, right of portability to other service providers and right of opposition in the case of prospection. Furthermore, the consent given for the processing of Personal Data may be withdrawn at any time by the Customer without affecting the legality of the processing previously carried out.
To exercise any of the above rights, the Customer should contact the Service Provider by email: hello@lesjoliestraductrices.com. In addition, the Customer has the right to notify the CNIL of any failures on her part concerning the processing of his Personal Data as soon as he/she becomes aware of any such failures.
For further information on the collection and processing of Personal Data, the Customer may consult the Service Provider’s Privacy Policy: https://www.lesjoliestraductrices.com/privacy-policy/.
12.Intellectual property clause
All content on the Website (text, descriptions, photographs, program content, digital media, logo, etc.) is the property of the Service Provider and is protected by her intellectual property rights. The Customer may not copy or appropriate all or part of the content of the Website.
The Service modules, media, content and tools have been created by the Service Provider and remain her intellectual property. Payment for this Service does not imply the assignment or granting of these rights. The Customer may use these contents for personal use only. It is formally forbidden to use and reproduce these contents to create or feed a program, an accompaniment, an e-book or any creation of similar products and/or services.
If these provisions are not respected, the Service Provider will act in violation of her intellectual property rights and the Customer will be sanctioned accordingly.
The Knowledge Base, including in particular the Glossary and the Resource List, made available by the Service Provider under certain conditions, allows the Customer to integrate his/her own contribution, i.e. his/her own term(s), translation(s), definition(s) or resource(s). In return for a fee (payment for the Service), the Customer is entitled to participate in and use the Glossary on a personal basis, for the purposes of his/her work. In return, if he/she has shared a term, translation, definition or resource, the Customer authorizes other members of this Service to access it and do the same.
When the Customer integrates a definition that is not his/her own, he/she is obliged to cite the source when integrating it into the Glossary.
If a Customer wishes to use a definition and/or terms for commercial purposes, he/she must contact the Service Provider, who will determine the terms of use. If the Service Provider is not the creator of the term, she will contact the person who is.
13.Image rights
By subscribing to the Service Provider’s Services, the Customer may participate in videoconferences. As these videoconferences are recorded and retransmitted, the Customer expressly accepts the recording (capture and fixation) of his/her name (surname, first name and/or company name), image (profile image or live video), voice (in the event of an intervention) and any element relating to the Customer appearing live on the videoconferencing tool used by the Service Provider.
All these recordings and shared tools become the full intellectual property of the Service Provider, who may use them for training purposes and/or to enhance her online services. No compensation or remuneration may be claimed.
14.Customer review and testimonial
The Service Provider reserves the right to request the Customer’s opinion on the content of her Services. These reviews may be published on the Website and her social networks. The Customer is free to request the withdrawal or deletion of such sharing at any time, by contacting the Service Provider, in writing, at the following address: hello@lesjoliestraductrices.com.
15.Force majeure and non-performance exception
Apart from the normal course of the Services and their periods of access and execution agreed at the time of purchase, certain events may occur which could call into question the commercial relationship established between the Parties.
Any event beyond the control of the Parties, qualified as force majeure within the meaning of article 1218 of the French Civil Code, shall be considered as a cause for exoneration from their obligations and shall result in the suspension of the service. This event must prevent the Parties from fulfilling their obligations in the manner normally provided for in these General Terms and Conditions of Sale.
In this case, the Parties shall contact each other as soon as possible to agree on new terms for the performance of the Service. The Service Provider cannot be held liable in such circumstances.
If one of the Parties fails to perform any of its obligations (payment, collaboration, confidentiality, etc.) when due, the other Party may refuse to perform any of its obligations in turn. This is permitted only if the non-performance is sufficiently serious to prevent collaboration. The Party that notices a non-performance on the part of the other Party notifies it by email. A period of one month is allowed for the Parties to find common ground and resume collaboration. If the defaulting Party has not fulfilled its obligation by the end of this period, the Contract will be terminated, without any compensation.
16.Applicable law
These General Terms and Conditions of Sale are governed by French law. The Parties elect domicile at their respective registered addresses.
These Conditions are available in French and English. In the event of any discrepancy between the French and English versions, the French version shall prevail.
17.Dispute resolution
In the event of a dispute between the Customer and the company, they will endeavor to resolve it amicably (the Customer will send a written complaint to the professional or, where appropriate, to the professional’s Customer Relations Department).
In the absence of an amicable agreement, or in the absence of a response from the Professional within a reasonable period of one (1) month, the individual consumer within the meaning of article L.133-4 of the French Consumer Code, may refer the matter free of charge, if a disagreement remains, to the competent mediator on the list of mediators drawn up by the Consumer mediation evaluation and monitoring commission (Commission d’évaluation et de contrôle de la médiation de la consommation) in application of article L.615-1 of the French Consumer Code, namely:
La Société Médiation Professionnelle
www.mediateur-consommation-smp.fr
24 rue Albert de Mun – 33000 Bordeaux, France
If the Parties are unable to reach an amicable solution, the dispute will be submitted to the competent French courts under the conditions of common law.
Appendix 1: Withdrawal form
For the attention of: ___________________________ (service provider’s company name)
Subject: Withdrawal of my purchase
I, the undersigned Mr/Mrs ___________________________ (identity of customer), hereby give notice of my withdrawal from the purchase/signature made with your services.
Name of the service: ___________________________
Signed/Purchased on: ___________________________
Customer last name/first name: ___________________________
Price of the service paid on the day of withdrawal: ___________________________
Customer’s email address: ___________________________
Customer’s postal address: ___________________________
Professional customer SIRET no.: ___________________________
Signed in: ______________________
Date: ______________________
Customer signature: