GENERAL TERMS AND CONDITIONS OF SALE AND USE
SPFPL SNIPES, publisher of the website https://outils.gouache.fr (The Website), with a capital of €35,000, headquartered at 4 rue Dufrénoy in Paris (75116), registered with the Paris Trade and Companies Register under number 837490234, presents the offers of independent companies, designated in the conditions of sale specific to the software solutions they offer.
The services provided on the website https://outils.gouache.fr are governed by these general terms and conditions of sale and use (the General Terms and Conditions).
PROVISIONS COMMON TO ALL SOFTWARE SOLUTIONS SOLD ON the WEBSITE
Account: Private personal space created on the website https://franchise-dip.fr to which each User accesses through the use of a personal identifier and code to download an Electronic Document with a view to affixing it and/or having one or more Electronic Signatures affixed to it.
User: Natural or legal person registered and identified on https://outils.gouache.fr by their Profile.
Contractor Companies:
-
Dip
- franchise, SARL with a capital of €1,000, with registered office at 1 rue Vieille in Pont l ‘Evêque (14130), registered with the Lisieux Trade and Companies Register under number 802072827, represented by its manager, Mrs Agnès Fernagut
- SELARL GOUACHE AVOCATS, a law firm registered with the Paris Bar, with a capital of €150,000.00, registered with the Paris Trade and Companies Register under number 515 362 788, whose registered office is located in Paris, 4 rue Dufrénoy (75116)
- SELARL RETAIL PLACES, a law firm registered with the Paris Bar, with a capital of €15,000.00, registered with the Paris Trade and Companies Register, under number 750569782, whose registered office is located in Paris, 4 rue Dufrénoy, licensed with the trademark GOUACHE AVOCATS for legal advice.
- COLOMER EXPERTISES, 4 rue Castellane – 75008 Paris, RCS PARIS 493435283, for the appraisal.
Terms of Use
The User must, prior to the use of some of the paid software solutions offered on the website https://outils.gouache.fr, create an Account.
Enforceability of Terms of Use
The completion of an order via the site makes these terms and conditions enforceable against the User. As part of the validation of any order on the site https://outils.gouache.fr, the User has acknowledged having read the general conditions, having read and accepted them in their entirety, by ticking the box provided for this purpose.
These terms and conditions are intended to govern the use of the Account and the contractual relations between SNIPES, the User and the Service Providers on the website https://outils.gouache.fr.
Changing Terms of Use
The General Terms and Conditions are of an evolving nature and the companies hosted on the website https://outils.gouache.fr remain free to modify them.
In case of modification of the General Terms and Conditions, the host will notify the User via the email address appearing in their Profile and will communicate to them at this address the new applicable General Terms and Conditions. Any User is deemed to have accepted the new General Terms and Conditions as soon as he continues to use his Account without making any reservation on the new General Terms and Conditions within ten (10) days of notification of these General Terms and Conditions.
These Terms and Conditions take precedence over any previous proposals or agreements, as well as any other communications relating to the opening and use of an Account. In the event that any of the provisions hereof are deemed or declared null and void or unwritten, the other provisions shall remain in full force and effect.
The Profile is completed by the User by completing the contact questionnaires and/or the fields for creating their Account. The User can then modify their Profile by clicking on the “My Account” link if they have an Account. The fields in the Profile mentioning mandatory information must be completed to enable the activation and maintenance of the Account. The User undertakes to provide only accurate and complete information when registering or when updating their Profile. Neither the host nor the service providers can be held responsible for the communication of inaccurate information by the User, which will allow the host and the service providers to suspend the account.
Registration by account creation
In order to access certain software solutions offered on the website https://outils.gouache.fr, the User must first create an Account.
An Account is accessible from the User’s email address and a password chosen and generated by the User.
An email confirming the activation of the Account is then sent to the User via the email address that will have been filled in during the Account opening request.
Personal Account
Use
Only the Registered User is authorized to use their Account using the username and password created during registration. This information must be entered by the User each time a session is opened. The User remains solely responsible for his username and password, which must under no circumstances be communicated to a third party or used by a third party.
The responsibility of the host or the service provider companies cannot be engaged in the event of use of a username and password by a person other than the User to whom they are assigned.
The User undertakes to inform the host without delay of any fraudulent use of his Account by a third party. He also undertakes not to use Accounts other than the Account initially created by him, whether under his own identity or that of third parties.
Billing & Payment
The invoice is edited and sent by each service provider by email or mail to the User, on the email address or postal address that he has mentioned on his Profile.
They shall be payable in euro.Payment is made by the online user via the payment interface of the site https://outils.gouache.fr or by any other means indicated in the conditions specific to each Service Provider Company concerned or on its invoice.
Payment makes it possible to benefit from the service acquired online. For some of the solutions, the possibility of benefiting from the service may be subject to the receipt of codes requiring the intervention of third parties, without automation. Receipt of codes can take up to 2 working days.
Accessing the service from mobile terminals
Users expressly acknowledge that the accessibility of the features offered by the host may be reduced when the User accesses one of the software solutions hosted via a mobile phone, a tablet, or any other mobile device, although the https://outils.gouache.fr site has been programmed in responsive design.
Limitation of Liability
Users expressly acknowledge that the partial or total, temporary or definitive unavailability of the site https://outils.gouache.fr and/or the solutions presented therein and which would result from maintenance, works, a fault or the non-performance of their obligations by external service providers or access providers cannot be the responsibility of the host and that consequently such unavailability cannot result in them the occurrence of damage, the repair of which should be the responsibility of the host. They therefore refrain from any action against the host, due to the unavailability of the Website which would result from maintenance, work, a fault or the non-performance of their obligations by external service providers or access providers.
This website may contain hypertext links to third-party websites. These samples are provided as general information. The host does not exercise any control over these sites and declines all responsibility for the access, content or use of these sites, as well as any damage that may result from the consultation of the information present on these sites. The decision to activate these links is the full responsibility of the user.
In order to facilitate navigation on the Website, cookies may be placed on Users’ computers in order, for example, to keep the search criteria.
If Users do not wish to accept the implementation of cookies, they can set their browser to refuse them.
Personal data
By creating his/her Account, the User consents to both the host and the companies providing the online services offered on the Site collecting and processing his/her personal data, i.e. all the data he/she has entered into his/her account, billing data and data relating to his/her purchases on the Website.
The host and the service providers undertake to collect and process the personal data of Users in accordance with the regulations in force.
The User authorises the host and the service providers to transfer the personal information collected within the limits prescribed by the regulations in force (both relating to personal data and relating to the professional rules of each service provider using the host’s platform.
The User agrees to receive emails from the host and the service providers (newsletters or others), unless he has expressly made known his intention not to receive emails from the Site or its partners, other than emails directly related to his orders and invoices.
The User may at any time exercise his right of access to data concerning him, his right of opposition and his right of rectification or deletion. Any request made in this context must indicate the surname, first name, postal address and email of the User and be addressed to:
– by email to:
- for the host: contact@gouache.fr
- for Franchise-DIP: contact@franchise-dip.fr
- for Gouache Avocats: contact@gouache.fr
- for Retail Places: contact@gouache.fr
- for Colomer Expertises: contact@colomerexpertises.eu
– by post to the following address:
- for the host, Gouache Avocats, Retail Places: 4 rue Dufrénoy 75116 PARIS
- for Colomer Expertises, 4 rue Castellane – 75008 Paris
- for Franchise dip, 1 rue Vieille – 14130 Pont l ‘Evêque
Notifications
Any notifications to be made between the host or a service provider and the User may be made by email. However, formal notices under penalty of closure of Account, as well as notifications of closure of Account must be made by registered mail with acknowledgment of receipt addressed to the headquarters of the party concerned.
These present agreement is subject to French law for its validity, interpretation and execution. The Commercial Court of Paris is exclusively competent to hear any dispute, between the User and the host even in summary proceedings, in the event of incidental proceedings or multiple defendants.
PROVISIONS specific TO electronic SIGNATURE
Contractor: dip Franchise
Dip Franchise is the service provider providing the following services presented on the Site:
-
Electronic
- dip
- Electronic signature
- Protection
Concept
definitions
Electronic Document: means any dematerialized written document in electronic form downloaded by the User from his Account on www.franchise-dip.fr with a view to affixing an Electronic Signature to him.
Electronic Signature: refers to the signature given in electronic form that results from the use of a reliable identification process through the use of the Certificate guaranteeing its link with other electronic data to which it attaches. The Electronic Signature used within the framework of the Agreement is, in accordance with Article 1-2 of Decree No. 2001-272 of 30 March 2001 and is specific to the Party using it, created by means that the person having access to the Certificate can keep under his exclusive control, and guaranteeing with the Signed Electronic Document to which he attaches a link such that any subsequent modification of the document is detectable.
Uploading Documents
The User logs into their Account using their personal credentials.
The User downloads the Electronic Documents in PDF format, in the order in which the documents should appear in the finalized Electronic Document.
A merged PDF Electronic Document is generated, allowing a single PDF Electronic Document to be sent to the recipient(s) for Electronic Signature.
Content of documents
Any User who issues Electronic Documents from his account guarantees Franchise-DIP that he has the rights necessary for the use of these Electronic Documents and that they do not infringe the rights of third parties.
The User is solely responsible for the content of the Electronic Document. The User is solely responsible for the content of exchanges with the recipients of their Electronic Documents taking place via Franchise-DIP.
Franchise-DIP has no right of access to the content of the Electronic Documents downloaded, sent and/or signed electronically via the site www.franchise-dip.fr. The Electronic Documents are confidential with respect to Franchise-DIP. Franchise-DIP undertakes to maintain the confidentiality of the information contained in the documents uploaded to its site.
Receipt of Electronic Documents, timestamp and electronic signature
The Electronic Signature of documents proposed by Franchise-DIP is an electronic signature within the meaning of Article 1316-4 of the Civil Code.
When the User has downloaded the Electronic Document on the Franchise-DIP server, he/she enters the surname/ first names, mobile phone number and email address of the signatory(ies), as he/she or they have previously communicated to him/her.
The User is solely responsible for the accuracy of this information, which he is informed is decisive for attaching the Electronic Signature to the person of the signatory, which is an essential condition for the validity of the Electronic Signature. It will therefore alone assume the consequences of inaccuracies in this information, without recourse against Franchise-DIP.
When the User clicks on the “send” button, it generates the sending of an email to the email address of the signatory(ies) previously entered. This email includes a download link that allows the franchisee to view the Electronic Document.
The opening of the link triggers the sending to the mobile phone number(s) of the signatory(ies) of a personal and single-use code, the validity period of which is strictly limited to 60 minutes.
This code is entered by each recipient at the place where they are asked to sign the Electronic Document. It makes it possible to encrypt the Electronic Document to which the timestamp ticket and the Electronic Signature certificate are then instantly attached.
The timestamp ticket makes it possible to certify the date and time of signature of the Electronic Document.
The signature certificate makes it possible to identify the person of the signatory and to guarantee the uniqueness of the cryptographic key used by the signatory. The certificate refers to an electronic certificate that links the data relating to the verification of the Electronic Signature to the person of the signatory, as designated above, and confirms the identity of the latter, as designated by the User.
The signature certificate and the timestamp ticket are issued by CERTEUROPE SAS with a capital of €500,000 – 26 rue du Faubourg Poissonnière, 75010 Paris, RCS Paris B 434 202 180], a trusted third party independent of the parties and who assumes the quality of “Qualified Certification Service Provider” by LSTI, a qualification body accredited by COFRAC.
This quality label guarantees the compliance of the signature process with the European specification ETSI/TS 101456 (AFNOR Z 74-400). The trusted third party is an electronic certification service provider within the meaning of Article 1-11 of Decree No. 2001-272 of 30 March 2001.
The User has read the trusted third party’s certification policy and its accreditations, which he has deemed to comply with legal and regulatory requirements and which he is satisfied with.
Access to Electronic Documents
All signed Electronic Documents are accessible by the User for 10 years from their Franchise-DIP account. The signed Electronic Documents can be downloaded by the signatory(s), via the link they have or received by email, and by the user, via their Account.
Hosting of Electronic Documents
When an Electronic Document is signed, the User can download it to ensure that it is saved on their own servers, either from an email confirming the electronic signature, or from their “My Documents” monitoring interface. It is responsible for the implementation of IT infrastructures to ensure that the signed Electronic Document(s) will not be altered.
The service provided by Franchise dip, via the possibility of downloading the Signed Electronic Document from the User’s “My Documents” interface, is a hosting service and its liability is limited to that of a host within the meaning of positive law without FRANCHISE dip guaranteeing the integrity of the stored Electronic Documents. This hosting service is included in the signature price.
The User automatically subscribes, when purchasing a signature, to the service of preservation of Electronic Documents with probative value offered by FRANCHISE dip, so as to keep the Signed Electronic Document with a trusted third party who ensures the conservation and integrity of the Signed Electronic Document, which is archived immediately and automatically after its signature by the Interface, in an IT infrastructure that fully guarantees that it cannot be altered. The signed Electronic Document is then guaranteed by Franchise dip as constituting an electronic writing within the meaning of Article 1316-1 of the Civil Code.
Reversibility
From the closed account, for any reason whatsoever (non-renewal by the customer of his subscription, termination of his contract by Franchise-DIP for example), Franchise-DIP will send to the User by any means of his choice the files of each of the signed Electronic Documents and will provide the User with the contact details of the trusted third party and if he has subscribed to the archiving option, those of the archiving third party to allow him to obtain from each of these actors the signing certificates and the archived Electronic Documents with probative value if this was necessary. These service providers, such as Franchise dip, guarantee reversibility at the first request of the User.
Service
Price, Billing & Payment
The rate is expressed in Euros and excluding taxes.
Each Electronic Signature is invoiced at a single price of €10 excluding taxes.
Each signed Electronic Document is archived for a period of 10 years, starting from the month following that of the online signature, unless the User decides to unarchive the document from their “My Documents” tracking table on the Interface. Archiving is charged €1 excl. tax per document per month, until the end of the month of unarchiving or return of the Electronic Document.
The User is informed as soon as his signature order is confirmed of the invoicing of the archiving, and of the possibility of terminating this archiving service before the end of the current month on the day of the last signature affixed to the document.
Thereafter, the Electronic Signatures used and the archiving with probative value are invoiced according to the actual consumption of signatures, and the unarchiving carried out on a monthly or quarterly basis.
Archive Service Termination
The User may refuse the probative archiving service by clicking on the “unarchive” button for each signed document. The termination is final, and takes effect at the end of the current month.
The signed Electronic Document is then no longer guaranteed by Franchise dip as constituting an electronic writing within the meaning of Article 1316-1 of the Civil Code. It is the User’s responsibility to ensure by its own technical means the integrity of the original signed file that has been returned to it.
Content hosted by dip Franchise
Acting as host of the Electronic Documents, Franchise-DIP is not bound by any general obligation to monitor the hosted content.
Franchise-DIP is not responsible for the fraudulent use by a third party of the User’s username and/or password. Franchise-DIP is not responsible for the alteration, loss or accidental transmission of data or the sending of viruses through the files posted by the User from his Franchise-DIP Account.
If the User does not wish to see his/her Signed Electronic Documents hosted on the website www.franchise-dip.fr, he/she may request by registered mail with acknowledgement of receipt, to delete all the hosted documents from the server. In this case, no document will be visible on the “My Documents” tab of the User’s account.
PROVISIONS specific TO the drafting OF ONLINE documents (CGV) PRESENTED BY SELARL GOUACHE AVOCATS
These general terms and conditions of service apply to all services rendered to its clients by SELARL GOUACHE AVOCATS, a law firm registered with the Paris Bar, with a capital of €150,000.00, registered with the Paris Trade and Companies Register under number 515 362 788, whose registered office is located in Paris, 4 rue Dufrénoy (75116) (hereinafter the Firm).
Fee
Agreement
Acceptance of the terms and conditions of service constitutes a fee agreement between the Firm and the client. The fees are fixed for the drafting service described online in the product sheet. The fee is mentioned in the Product sheet, the basket, and the order summary before acceptance of the order and payment.
The fee is acquired by the Firm upon opening the right for the Client to complete the online questionnaire which will allow him to generate the acquired contract himself. If the Customer does not complete the questionnaire and does not validate it, he will not be able to request reimbursement of the fee, its sole turpitude making it impossible to publish the contract.
Invoice
Payment
The client agrees to pay the fee invoices established in accordance with the fee agreement.
Services
The Firm acts as a deed drafter and does not provide any consulting services on this occasion. His responsibility on the occasion of each of these assignments is defined by the rules applicable to the lawyer, in force in France, and as generally interpreted on the date of the service by the French courts and tribunals.
In the exercise of its drafting mission, the Firm may be required to offer the User drafting options. These options are not recommendations or instructions or prescriptions. They are a legal choice, based on usual contractual practices, issued on the basis of the information published and accessible to the Firm taking into account the usual documentary means that a law firm must deploy.
However, any decision regarding the choice of writing options is a decision of expediency. As such, it is the sole responsibility of the Customer and will be taken by it. They exercise choice by choosing in the questionnaire submitted to them the option that seems to them, in their sole assessment, adequate in relation to their objectives and constraints. The User therefore exclusively assumes the consequences, positive or not.
The Firm, in its mission of drafting contracts, delivers to the User a framework contract. This means that the Customer will then most often be responsible for putting him alone in a state of readiness, that is to say to verify the capacity and the power of his contractor, after having appointed him and after having verified the existence and the consistency of his rights, and if necessary after having negotiated the terms. In this case, the Firm cannot assume the responsibility of a deed writer. Only the Customer will therefore be responsible for the validity of the contract. The Firm’s liability is limited to the legality of the clauses that the User has not modified on its own initiative, only the version delivered to the User by the Firm can in fact be used to assess the Firm’s liability.
National and international laws, and regulations in general, are subject to change retroactively and/or prospectively so that such changes could affect the validity over time of the firm’s advice. The accuracy of the service rendered by the Firm can therefore only be assessed at the time it is rendered and its relevance may be altered by developments in positive law.
The Firm will not update its drafting according to changes or modifications of laws and regulations, judicial and administrative interpretations subsequent to the delivery of the contract to the user.
The dissemination of general information by the Firm, for example on the occasion of access to the online questionnaire, the distribution of its newsletter, publications or professional meetings such as training, symposia, seminars or breakfasts cannot be assimilated to an advisory service and this information is used by the User under his sole responsibility. The firm does not guarantee the completeness or accuracy of the information provided in this context.
Duration
These conditions apply throughout the relationship between the Firm and the User.
The Firm completes each of its missions by the delivery of the acts defined therein. The services provided by the Firm are always defined restrictively in the service proposals that are addressed. Any service that is not covered by a proposal constituting a specific fee agreement is not included in the scope of the services that the firm has undertaken to provide under the terms of the said proposal. The Firm is deemed to have definitively delivered the documents that it had to deliver to the User upon downloading the document generated by the deed writing software.
Intellectual Property
(a) Firm Property
The Firm has created, acquired, owns or holds rights to various concepts, ideas, methods, methodologies, procedures, processes, technical know-how, models, diagrams, software, user interfaces and screen design, commonly used software for consulting as well as IT tools and functionalities, logic, consistency and methods of operating systems (hereinafter collectively referred to as “Firm Property”) and, may, in connection with the performance of its services, employ, provide, modify, create, acquire or obtain such rights. The Firm reserves all rights to the Property of the Firm created on the occasion of the provision of services to the Client. The Client will not acquire any right to, or interest in, this Firm Property. In addition, GOUACHE AVOCATS will be free to provide services of any kind to any third party and may use the Firm’s Property for this purpose.
(b) Use of Services
Except with respect to the Firm’s Property, and after full and final payment to the Firm of the fees due pursuant to these conditions and, where applicable, the proposal constituting a fee agreement amending them, the documents specified as to be provided or as resulting from the Firm’s work will become free personal use for the Client, subject to the intellectual property rights of the Firm.
Limitation of damages
Except with respect to the indemnification obligations of each party described below, neither the User nor GOUACHE AVOCATS shall be liable to each other by virtue of actions, damages, claims, obligations, costs, costs or losses that result in any way from, or relate to, the Services performed, for a total amount exceeding the amount of the fees received by GOUACHE AVOCATS as a result of services that the latter has rendered under these terms and conditions of services as amended by the proposal for services constituting a fee agreement. The provisions of this paragraph shall apply regardless of the form of the action brought, to any damages, claims, liabilities, costs, expenses or losses that may be due under contractual stipulations, statutory provisions, case law, or any other cause.
No action, of any nature or form whatsoever, resulting from, or initiated as a result of services rendered by the Firm to the User, or in connection therewith, may be brought by either party more than one year after the cause of action has arisen or the beneficiary of the right has acquired or should have acquired knowledge of it.
General
CONDITIONS APPLICABLE TO CONSULTATIONS ON SETTING the COMMERCIAL LEASE RENT AT the RENTAL VALUE PRESENTED BY SELARL RETAIL PLACES
Scope
These general terms and conditions of service apply to all services provided to the User by SELARL RETAIL PLACES, a law firm registered with the Paris Bar, with a capital of €15,000.00, registered with the Paris Trade and Companies Register, under number 750569782, whose registered office is located in Paris, 4 rue Dufrénoy (75116) (hereinafter the Firm).
Fee
Agreement
Acceptance of the terms and conditions of service constitutes a fee agreement between the Firm and the client. The fees are fixed for the drafting service described online in the product sheet, and indicated in the product sheet, the basket, and the order summary before acceptance of the order and payment.
The fee for the provision of the service defined in the last paragraph of the article “Services” below is set at €249 excluding taxes, plus VAT at the rate in force on the date of the order.
The fee is acquired by the Firm upon opening the right for the Client to complete the online questionnaire which will allow him to generate the acquired contract himself. If the Customer does not complete the questionnaire and does not validate it, he will not be able to request reimbursement of the fee, its sole turpitude making it impossible to publish the contract.
Invoice
Payment
The customer agrees to pay the invoices for fees established in cash.
Services
The Firm intervenes either as counsel, or as a deed drafter, or in litigation, assistance or representation of the client. His responsibility on the occasion of each of these assignments is defined by the rules applicable to the lawyer, in force in France, and as generally interpreted on the date of the service by the French courts and tribunals. These recommendations never constitute instructions or prescriptions. They are a legal and technical opinion, based solely on the facts or information brought to its attention, issued on the basis of the information published and accessible to the Firm taking into account the usual documentary means that a law firm must deploy. As such, it is the sole responsibility of the Customer and will be taken by it. The User therefore exclusively assumes the consequences, positive or not.
The Service provided by RETAIL PLACES consists of:
- state whether a reason for revision is open to fix the rent at the rental value;
- indicate in the positive what is the procedure to follow to obtain the revision;
- failing this, state in which cases, at the time of renewal, the rent may be fixed at the rental value.
The Service will be delivered by the submission of a report in PDF format, containing the above information, as a result of the analysis of the client’s lease, his current facial rent, and the low indication of the range of rental value commercial code determined by the firm COLOMER. No account will be taken, for the right to fixing at the rental value at the time of the first or second renewal, of the modification of the leased premises that would have been made by the lessee and which requires a review of plans and an on-site visit.
Disclosure of Information
Unless otherwise provided by law, the Client acknowledges and agrees that all advice, recommendations, information or results of the work provided to it by the Firm are intended to be used confidentially by the Client and may not be disclosed to a third party. The User will also not be able to summarize or refer to such advice, recommendations, information or the results of the Firm’s work, without having obtained, in each case, the prior written consent of the latter on the proposed communication.
Cooperation – Use of information – Secret
The User undertakes to cooperate with the Firm in the performance of the Services and will allow the Firm timely access to its data and useful information to the extent that this is necessary for the Firm to perform the agreed services. In the absence of proper collaboration of the members of the User’s staff with the required skills, as well as timely communication of the requested documents or information, this could adversely affect the Firm’s ability to provide the planned services efficiently, or even purely and simply compromise the Firm’s ability to provide the agreed Service.
The Firm will base its conclusions on the documents, facts and assumptions that the User will submit and will not independently verify this information. Any inaccuracy or incompleteness of the information provided by the Client could have a decisive effect on the Firm’s conclusions. In fact, these may not be adapted to the actual situation of the Client, of which the Firm has thus been prevented from becoming aware. The User must therefore take care not to withhold any information and to send to the firm any document requested and any document that he thinks may be useful to the Firm to ensure an accurate understanding of his situation.
The User will ensure the lawful origin of any document he submits to the Firm. He will ensure that the use of any document by the firm does not violate any third party rights. If the Client should have the slightest doubt about the lawfulness of a document he submits to the firm or about the extent of his rights over this document, he must inform the firm before or at the latest concomitantly with its submission. In the absence of such a declaration, the Firm will presume the lawful document and will presume that the User holds all rights to use it.
The documents submitted to the Firm are copies, which the User guarantees as faithful and true to their originals. The Customer will favour digital copies of the original documents. The Client undertakes to keep the original, unless expressly requested to do so by the firm. The Firm does not take custody of the copies given to it and as such does not assume any depositary obligation. The Firm digitizes the documents that would be given to it in paper form and does not undertake any obligation to keep said paper documents. The Firm will keep its files on computer support, during the legal retention period to which it is required.
National and international laws, and regulations in general, are subject to change retroactively and/or prospectively so that such changes could affect the validity over time of the firm’s advice. The accuracy of the service rendered by the Firm can therefore only be assessed at the time it is rendered and its relevance may be altered by developments in positive law.
The Firm will not update its advice based on changes or modifications to laws and regulations, judicial and administrative interpretations subsequent to the User’s communication of his advice, recommendations, or contracts.
The dissemination of general information by the Firm, for example on the occasion of the distribution of its newsletter, publications or professional meetings such as training, colloquiums, seminars or breakfasts cannot be assimilated to an advisory service and this information is used by the User under his sole responsibility. The firm does not guarantee the completeness or accuracy of the information provided in this context.
All exchanges between the Firm and the User are confidential, as are the documents that the Firm creates in connection with the provision of the Services. Consequently, the User may not transmit to any third party the exchanges he has had with the Firm, except in the case of a judicial or administrative injunction which he could not resist, or for the purposes of the execution of these terms of service.
The User’s documents or information are protected from disclosure to third parties under the legal conditions of protection of solicitor-client privilege as defined in France. If an administration or judicial authority requires disclosure by the Firm of documents or information, the Firm will preserve professional secrecy within the limits of its legal obligations of cooperation with the administrative or judicial authorities. He will immediately inform the Paris Bar Association.
Duration
These conditions apply throughout the relationship between the Firm and the User.
The Firm completes each of its missions by the delivery of the acts defined therein. The services provided by the Firm are always defined restrictively in the service proposals that are addressed. Any service that is not covered by a proposal constituting a specific fee agreement is not included in the scope of the services that the firm has undertaken to provide under the terms of the said proposal. The Firm is deemed to have definitively delivered the documents that it had to deliver to the User as soon as the document delivered by the User is downloaded or as soon as it is sent to the User by the Firm.
Intellectual Property
(a) Firm Property
The Firm has created, acquired, owns or holds rights to various concepts, ideas, methods, methodologies, procedures, processes, technical know-how, models, diagrams, software, user interfaces and screen design, commonly used software for consulting as well as IT tools and functionalities, logic, consistency and methods of operating systems (hereinafter collectively referred to as “Firm Property”) and, may, in connection with the performance of its services, employ, provide, modify, create, acquire or obtain such rights. The Firm reserves all rights to the Property of the Firm created on the occasion of the provision of services to the Client. The Client will not acquire any right to, or interest in, this Firm Property. In addition, GOUACHE AVOCATS will be free to provide services of any kind to any third party and may use the Firm’s Property for this purpose.
(b) Use of Services
Except with respect to the Firm’s Property, and after full and final payment to the Firm of the fees due pursuant to these conditions and, where applicable, the proposal constituting a fee agreement amending them, the documents specified as to be provided or as resulting from the Firm’s work will become free personal use for the Client, subject to the intellectual property rights of the Firm.
Limitation of damages
Except with respect to the indemnification obligations of each party described below, neither the User nor GOUACHE AVOCATS shall be liable to each other by virtue of actions, damages, claims, obligations, costs, costs or losses that result in any way from, or relate to, the Services performed, for a total amount exceeding the amount of the fees received by GOUACHE AVOCATS as a result of services that the latter has rendered under these terms and conditions of services as amended by the proposal for services constituting a fee agreement. The provisions of this paragraph shall apply regardless of the form of the action brought, to any damages, claims, liabilities, costs, expenses or losses that may be due under contractual stipulations, statutory provisions, case law, or any other cause.
No action, of any nature or form whatsoever, resulting from, or initiated as a result of services rendered by the Firm to the User, or in connection therewith, may be brought by either party more than one year after the cause motivating the action or the knowledge acquired of this cause has arisen.
Governing Law – Disputes
These terms and conditions are governed by and interpreted in accordance with Swiss law. Any disputes arising in connection with the assignment, other than those concerning the payment of fees, are the exclusive competence of the Bâtonnier de Paris or, if the matter does not fall within its special competence, of the TGI de Paris.
In the event of a dispute relating to the validity, interpretation or execution of the fee agreement, the President of the Paris Bar may therefore be seized at the request of the most diligent party.
In accordance with the ethical rules of the legal profession, the non-professional client is informed that he has the possibility, pursuant to Articles L.152-1 et seq. of the Consumer Code, to have recourse to a consumer mediator.
The non-professional User may refer the matter to the national consumer ombudsman for the legal profession:
Jérôme Hercé, consumer mediator for the legal profession
Postal address: 22 rue de Londres, 75009 Paris
Email address: mediateur@mediateur-consommation-avocat.fr
Website: https://mediateur-consommation-avocat.fr
In accordance with Article L.152-2 of the Consumer Code, referral to the mediator may only take place after a prior attempt to resolve the dispute directly with the Law Firm by means of a written complaint.
This right of recourse to the mediator is not open to the professional.
Miscellaneous provisions
RETAIL PLACES will communicate with the User by email or otherwise transmit electronic documents to the User. The User accepts the risks inherent in this type of communication (including the risks of interception and unauthorized access to such communications, corruption of such communications as well as the risks of viruses or other harmful devices).
Entire Agreement
These general terms and conditions as well as any proposal for services that may specify it, if it has been established, constitute the entire agreement between the Firm and the User and replace any other verbal or written commitment.
TERMS AND CONDITIONS for SPFPL SNIPES CONTRACT MANAGEMENT SOFTWARE
Contractor:
SPFPL SNIPES, with a capital of €35,000, headquartered at 4 rue Dufrénoy in Paris (75116), registered with the Paris Trade and Companies Register under number 837490234
The data collected in the contact form will be used to make a personalized appointment for a needs study, costing of implementation services, team training, software licensing, maintenance and support. A draft contract will be communicated after acceptance of the costed estimate resulting from the analysis of the need made during the customer meeting.
CONDITIONS RELATING TO RENT and RENTAL VALUE ASSESSMENTS
These services are provided by COLOMER EXPERTISE, 4 rue Castellane – 75008 Paris, RCS PARIS 493435283.
COLOMER EXPERTISE carries out appraisals of rental value (market, commercial code, judicial).
It has set up a specific database dedicated to commercial real estate. This list is not exhaustive. It includes the references that COLOMER EXPERTISE has been able to collect as it executes its mandates.
COLOMER EXPERTISE has determined a calculation formula that allows the User to obtain online immediately, without monetary compensation, by exploiting the data in its database, an automated assessment of the market rental value, commercial and judicial code of its commercial rent.
The formula can only work if the User completes the required fields of the questionnaire presented on the Website. The User consents to the use of all the data posted in this form and the attached documents, both by the Company COLOMER EXPERTISES and by the aforementioned SNIPES and RETAIL PLACES Companies, to integrate them into their rental value databases and use them subsequently.
This result is presented to the User in the form of a rental value range, with a lower and a higher, for a geographical area close to the commercial premises designated by the User.
The result depends on the information entered in the questionnaire by the User and which is not verified by COLOMER EXPERTISE. This information is presumed to be accurate by COLOMER EXPERTISE and the User is solely responsible for their inaccuracy, which will generate a less reliable result.
A reliability index is indicated to the User. If this index is high, it means that the number of references used is high and its references are relevant, so the range provided can be considered a reliable indication to check. If this index is medium or low, the User must use an additional analysis to be able to have a sufficiently precise idea of the rental values and must not base his decisions on the range displayed.
COLOMER EXPERTISE delivers valuable reviews. These reviews are subject to online payment, at a unit price of €249 excluding tax.
They are sent in the form of a letter to the letterhead of the firm COLOMER EXPERTISE, signed by one of its partners, giving the opinion of this firm on the rental values (market, commercial code, judicial). This notice is sent within 24 working hours of the working payment day, in the form of a PDF file sent by email to the address mentioned by the User on their Profile.
It results from the operation of the COLOMER database alone and the application of the calculation formula, without range, verified by an expert who can modulate or refine the value for which he gives his opinion.
The User understands that the value resulting from this opinion may be refined by an expert appraisal, which includes, in addition to a more in-depth analysis, an on-site visit, the specific search for references may not appear in the COLOMER database. The value at which it is concluded under the terms of a value opinion therefore has a lower degree of precision and reliability than that which would result from an expert report.
COLOMER recalls that the expert gives an opinion on a value, through an analysis of factual, legal and economic data, for the estimation of rental values. He proposes these opinions of value to the parties to the lease, who are free to agree on them or not, and to the judges, in the context of opinions of value, amicable appraisals submitted to the adversarial process or judicial appraisals, the judge then determining the rental value according to the criteria of the Commercial Code, without being bound by the opinion of the expert.
Colomer Expertises does not use subcontracting, which allows it to intervene in complete confidentiality. The company applies the principles of the Charter of Expertise and the Red Book.
GENERAL CONDITIONS APPLICABLE TO CONSULTATIONS RELATING TO ANALYSES OF insurance CONTRACTS
Scope
These general terms and conditions of service apply to all services provided to the User by SELARL MARG, EGYG & CO, a law firm registered with the Paris Bar, with a capital of €15,000.00, registered with the Paris Trade and Companies Register, under number 883499279, whose registered office is located in Paris, 4 rue Dufrénoy (75116) (hereinafter the Firm).
Fee
Agreement
Acceptance of the terms and conditions of service constitutes a fee agreement between the Firm and the client. The fees are fixed for the drafting service described online in the product sheet, and indicated in the product sheet, the basket, and the order summary before acceptance of the order and payment.
The fee for the provision of the service defined in the last paragraph of the article “Services” below is set at €249 excluding taxes, plus VAT at the rate in force on the date of the order.
The fee is acquired by the Firm upon opening the right for the Client to complete the online questionnaire. If the Customer does not complete the questionnaire and does not validate it, he will not be able to request reimbursement of the fee, its sole turpitude making it impossible to perform the analysis of the insurance contract.
Invoice
Payment
The customer agrees to pay the invoices for fees established in cash.
Services
The Firm intervenes either as counsel, or as a deed drafter, or in litigation, assistance or representation of the client. His responsibility on the occasion of each of these assignments is defined by the rules applicable to the lawyer, in force in France, and as generally interpreted on the date of the service by the French courts and tribunals.In the performance of its duties, the Firm may be required to make recommendations. These recommendations never constitute instructions or prescriptions. They are a legal and technical opinion, based solely on the facts or information brought to its attention, issued on the basis of the information published and accessible to the Firm taking into account the usual documentary means that a law firm must deploy.However, any decision relating to the implementation of these tips and recommendations is a decision of opportunity. As such, it is the sole responsibility of the Customer and will be taken by it. The Customer therefore exclusively assumes the consequences, positive or not.The Service provided by MARG EGYG & CO consists in verifying in particular:
- if the insurance contract includes a guarantee of operating losses,
- what are the cases in which said guarantee applies,
- what is the scope and nature of the damage covered,
- if the contract stipulates exclusions and warranty conditions,
- if this exclusion clause is enforceable against you.
The Service will be delivered by submitting a report in PDF format, containing the above information, as a result of the analysis of the customer’s insurance contract. The Service does not include an analysis of the existence of operating losses, their valuation method, the formality of the claim, or any condition for the effective implementation of the compensation.
Disclosure of Information
Unless otherwise provided by law, the Client acknowledges and agrees that all advice, recommendations, information or results of the work provided to it by the Firm are intended to be used confidentially by the Client and may not be disclosed to a third party. The User will also not be able to summarize or refer to such advice, recommendations, information or the results of the Firm’s work, without having obtained, in each case, the prior written consent of the latter on the proposed communication.
Cooperation – Use of Information – Secret
The User undertakes to cooperate with the Firm in the performance of the Services and will allow the Firm timely access to its data and useful information to the extent that this is necessary for the Firm to perform the agreed services. In the absence of proper collaboration of the Client’s staff members with the required skills, as well as timely communication of the requested documents or information, this could adversely affect the Firm’s ability to provide the planned services efficiently, or even purely and simply compromise the Firm’s ability to provide the agreed Service.The Firm will base its conclusions on the documents, facts and assumptions that the Client will submit and will not independently verify this information. Any inaccuracy or incompleteness of the information provided by the Client could have a decisive effect on the Firm’s conclusions. In fact, these may not be adapted to the actual situation of the Client, of which the Firm has thus been prevented from becoming aware. The client must therefore take care not to withhold information and to send the firm any document requested and any document that he thinks may be useful to the firm to ensure an accurate understanding of his situation.The Client shall ensure the lawful origin of any document it submits to the Firm. He will ensure that the use of any document by the firm does not violate any third party rights. If the Client should have the slightest doubt about the lawfulness of a document he submits to the firm or about the extent of his rights over this document, he must inform the firm before or at the latest concomitantly with its submission. In the absence of such a declaration, the Firm will presume the lawful document and will presume that the Client holds all rights to use it.The documents submitted to the Firm are copies, which the Client guarantees as faithful and in conformity with their originals. The Customer will favour digital copies of the original documents. The Client undertakes to keep the original, unless expressly requested to do so by the firm. The Firm does not take custody of the copies given to it and as such does not assume any depositary obligation. The Firm digitizes the documents that would be given to it in paper form and does not undertake any obligation to keep said paper documents. The Firm will keep its files on computer support, during the legal retention period to which it is required.Laws, and regulations generally, national and international, are subject to change retroactively and/or prospectively so that such changes could affect the validity over time of the firm’s advice. The accuracy of the service rendered by the Firm can therefore only be assessed at the time it is rendered and its relevance may be altered by developments in positive law.The Firm will not update its advice according to changes or modifications of laws and regulations, judicial and administrative interpretations subsequent to the communication to the User of his advice, recommendations, or contracts.
The dissemination of general information by the Firm, for example on the occasion of the distribution of its newsletter, publications or professional meetings such as training, symposia, seminars or breakfasts cannot be assimilated to an advisory service and this information is used by the Client under its sole responsibility. The firm does not guarantee the completeness or accuracy of the information provided in this context.All exchanges between the Firm and the Client are confidential, as are the documents that the Firm creates in connection with the provision of the Services. Consequently, the Client may not transmit to any third party the exchanges it has had with the Firm, except in the case of a judicial or administrative injunction which it could not resist, or for the purposes of the execution of these terms of service. The Client’s documents or information are protected from disclosure to third parties under the legal conditions of protection of solicitor-client privilege as defined in France. If an administration or judicial authority requires disclosure by the Firm of documents or information, the Firm will preserve professional secrecy within the limits of its legal obligations of cooperation with the administrative or judicial authorities. He will immediately inform the Paris Bar Association.
Duration
These conditions apply throughout the relationship between the Firm and the User.
The Firm completes each of its missions by the delivery of the acts defined therein. The services provided by the Firm are always defined restrictively in the service proposals that are addressed. Any service that is not covered by a proposal constituting a specific fee agreement is not included in the scope of the services that the firm has undertaken to provide under the terms of the said proposal. The Firm is deemed to have definitively delivered the documents that it had to deliver to the User as soon as the document delivered by the User is downloaded or as soon as it is sent to the User by the Firm.
Intellectual Property
(a) Firm Property
The Firm has created, acquired, owns or holds rights to various concepts, ideas, methods, methodologies, procedures, processes, technical know-how, models, diagrams, software, user interfaces and screen design, commonly used software for consulting as well as IT tools and functionalities, logic, consistency and methods of operating systems (hereinafter collectively referred to as “Firm Property”) and, may, in connection with the performance of its services, employ, provide, modify, create, acquire or obtain such rights. The Firm reserves all rights to the Property of the Firm created on the occasion of the provision of services to the Client. The Client will not acquire any right to, or interest in, this Firm Property. In addition, MARG EGYG & CO will be free to provide services of any kind to any third party and may use the Firm’s Property for this purpose.
(b) Use of the Services
Except with respect to the Firm’s Property, and after full and final payment to the Firm of the fees due pursuant to these conditions and, where applicable, the proposal constituting a fee agreement amending them, the documents specified as to be provided or as resulting from the Firm’s work will become free personal use for the Client, subject to the intellectual property rights of the Firm.
Damage
Limitation
Except with respect to the indemnification obligations of each party described below, neither the User nor MARG EGYG & CO shall be liable to each other by virtue of any actions, damages, claims, obligations, costs, costs or losses that arise in any way from, or relate to, the Services performed, for a total amount exceeding the amount of fees received by MARG EGYG & CO as a result of services that the latter has rendered under these terms and conditions of services as amended from time to time by the proposal for services constituting a fee agreement. The provisions of this paragraph shall apply regardless of the form of the action brought, to any damages, claims, liabilities, costs, expenses or losses that may be due under contractual stipulations, statutory provisions, case law, or any other cause.
No action, of any nature or form whatsoever, resulting from, or initiated as a result of services rendered by the Firm to the User, or in connection therewith, may be brought by either party more than one year after the cause motivating the action or the knowledge acquired of this cause has arisen.
Governing Law – Disputes
These terms and conditions are governed by and interpreted in accordance with Swiss law. Any disputes arising on the occasion of the assignment, other than those concerning the payment of fees, are the exclusive competence of the Bâtonnier de Paris or, if the matter does not fall within its special jurisdiction, of the Paris Court of Justice.In the event of a dispute relating to the validity, interpretation or execution of the fee agreement, the Bâtonnier de Paris may therefore be seized at the request of the most diligent party.
In accordance with the ethical rules of the legal profession, the non-professional client is informed that he has the possibility, pursuant to Articles L.152-1 et seq. of the Consumer Code, to have recourse to a consumer mediator.
The non-professional User may refer the matter to the national consumer ombudsman for the legal profession:
Jérôme Hercé, consumer mediator for the legal profession
Postal address: 22 rue de Londres, 75009 Paris
Email address: mediateur@mediateur-consommation-avocat.fr
Website: https://mediateur-consommation-avocat.fr
In accordance with Article L.152-2 of the Consumer Code, referral to the mediator may only take place after a prior attempt to resolve the dispute directly with the Law Firm by means of a written complaint.
This right of recourse to the mediator is not open to the professional.
Miscellaneous provisions
MARG EGYG & CO will communicate with the User by e-mail or otherwise transmit electronic documents to the User. The User accepts the risks inherent in this type of communication (including the risks of interception and unauthorized access to such communications, corruption of such communications as well as the risks of viruses or other harmful devices).
Entire Agreement
These general terms and conditions as well as any proposal for services that may specify it, if it has been established, constitute the entire agreement between the Firm and the User and replace any other verbal or written commitment.
