GENERAL TERMS AND CONDITIONS OF SALE AND USE

SELAS SNIPES, publisher of the website https://www.gouache.fr (The Website), with a capital of €35,000, whose registered office is at 4 rue Dufrénoy in Paris (75116), registered with the RCS of Paris under number 837490234, presents the offers of independent companies, designated in the specific terms of sale for the software solutions they offer.

The services provided on the website https://www.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: A private personal space created on the website https://franchise-dip.fr which each User accesses using their personal username and password to download an Electronic Document in order to affix and/or have affixed one or more Electronic Signatures.

Profile: A descriptive record of the User’s profile, which centralizes the information used to identify them.

User: A natural or legal person registered and identified on https://www.gouache.fr by their Profile.

Service Provider Companies:

DIP Franchise, a limited liability company (SARL) with a capital of €1,000, whose registered office is located at 1 rue Vieille in Pont l’Evêque (14130), registered with the Lisieux Trade and Companies Register under number 802072827, represented by its manager, Ms. Agnès Fernagut.
SELAS SNIPES, a law firm registered with the Paris Bar, with a capital of €35,000.00, registered with the Paris Trade and Companies Register under number 837 490 234, whose registered office is located in Paris, 4 rue Dufrénoy (75116)
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 [number missing in original text]. 750569782, whose registered office is located at 4 rue Dufrénoy, Paris
COLOMER EXPERTISES, 4 rue Castellane – 75008 Paris, RCS PARIS 493435283

Terms of Use

Before using certain paid software solutions offered on the website https://www.gouache.fr, the User must create an Account.

Enforceability of Terms of Use

Placing an order via the website makes these terms and conditions enforceable against the User. By validating any order on the website https://www.gouache.fr, the User acknowledges having read, understood, and accepted these terms and conditions in their entirety by checking the box provided for this purpose.

These terms and conditions govern the use of the Account and the contractual relationship between SNIPES, the User, and the Service Providers on the website https://www.gouache.fr.

Changes to the Terms of Use

These Terms and Conditions are subject to change, and the companies hosted on the website https://www.gouache.fr are free to modify them.

In the event of changes to the Terms and Conditions, the hosting provider will notify the User via the email address listed in their Profile and will send them the new applicable Terms and Conditions to that address. Any User is deemed to have accepted the new Terms and Conditions if they continue to use their Account without raising any objections to the new Terms and Conditions within ten (10) days of notification of these Terms and Conditions.

These Terms and Conditions supersede all prior proposals or agreements, as well as all other communications relating to the opening and use of an Account. In the event that any provision of these terms and conditions is deemed or declared invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Profile

The Profile is completed by the User by filling out the contact forms 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. Profile fields containing mandatory information must be completed to activate and maintain the Account. The User agrees to provide only accurate and complete information when registering or updating their Profile. Neither the hosting provider nor the service providers can be held liable for the provision of inaccurate information by the User, which may allow the hosting provider and service providers to suspend the account.

Registration by Account Creation

In order to access certain software solutions offered on the website https://www.gouache.fr, the User must first create an Account.

An Account is accessible using the User’s email address and a password chosen and generated by the User.

An Account activation confirmation email is then sent to the User via the email address provided when requesting Account creation.

Personal Use of the Account

Only registered users are authorized to use their accounts with the username and password created during registration. These credentials must be entered by the user each time they log in. The user remains solely responsible for their username and password, which must under no circumstances be shared with or used by any third party.

The hosting provider and its service providers cannot be held liable if a username and password are used by someone other than the user to whom they are assigned.

The user agrees to promptly inform the hosting provider of any fraudulent use of their account by a third party. The user also agrees not to use any accounts other than the account initially created by them, whether under their own name or that of a third party.

Invoicing and Payment

Invoices are issued and sent by each service provider via email or mail to the user at the email or postal address they provided in their profile.

Invoices are payable in Euros upon receipt.

Payment is made by the user online via the payment interface of the website https://www.gouache.fr or by any other means indicated in the terms and conditions specific to each relevant Service Provider or on their invoice.

Payment allows access to the service purchased online. For some solutions, access to the service may be subject to receiving codes requiring third-party intervention, without automation. The code delivery time may be up to 2 business days.

Access to the service from mobile devices

Users expressly acknowledge that the accessibility of the features offered by the hosting provider may be reduced when the User accesses one of the hosted software solutions via a mobile phone, tablet, or any other mobile device, even though the website https://www.gouache.fr has been programmed using responsive design.

Limitation of Liability

Users expressly acknowledge that the partial or total, temporary or permanent unavailability of the website https://www.gouache.fr and/or the solutions presented therein, resulting from maintenance, work, fault, or failure to fulfill their obligations by external service providers or internet service providers, cannot be the responsibility of the hosting provider and that, consequently, such unavailability cannot cause them any damage for which the hosting provider would be liable. They therefore waive any right to take action against the hosting provider due to the unavailability of the website resulting from maintenance, work, fault, or failure to fulfill their obligations by external service providers or internet service providers.

The website may contain hyperlinks to websites operated by third parties. These links are provided for informational purposes only. The hosting provider has no control over these sites and disclaims all liability for access to, the content of, or the use of these sites, as well as for any damages that may result from consulting the information contained on these sites. The decision to activate these links rests entirely with the user.

To facilitate browsing on the Website, cookies may be placed on Users’ computers, for example, to save search criteria.

If Users do not wish to accept the placement of cookies, they can configure their browser to refuse them.

Personal Data

By creating an Account, the User consents to both the hosting provider and the companies providing the online services offered on the Website collecting and processing their personal data, namely all the data they have entered in their account, billing information, and data relating to their purchases on the Website.

The hosting provider and service providers are committed to collecting and processing Users’ personal data in accordance with applicable regulations.

The User authorizes the hosting provider and service providers to transfer the personal information collected within the limits prescribed by applicable regulations (both those relating to personal data and those relating to the professional rules of each service provider using the hosting provider’s platform).

The User agrees to receive emails from the hosting provider and service providers (newsletters or other communications), unless they have expressly indicated their intention not to receive emails from the Site or its partners, other than emails directly related to their orders and invoices.

The User may at any time exercise their right to access, object to, rectify, or delete their personal data. Any request made in this regard must include the User’s first and last name, postal address, and email address and be sent:

– by email to:

for the hosting provider: contact@gouache.fr
for Franchise-DIP : contact@franchise-dip.fr
for SNIPES : contact@gouache.fr
for Retail Places : contact@gouache.fr
for Colomer Expertises : contact@colomerexpertises.eu

– by mail to the following address:

for the hosting provider, SNIPES, 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

All notifications between the hosting provider or a service provider and the User may be sent by email. However, formal notices under penalty of Account closure, as well as notifications of Account closure, must be sent by registered mail with return receipt requested to the registered office of the party concerned.

Jurisdiction

These terms and conditions are governed by French law for their validity, interpretation, and execution. The Commercial Court of Paris shall have exclusive jurisdiction over any dispute between the User and the hosting provider, including summary proceedings, incidental proceedings, or disputes involving multiple defendants.

SPECIFIC PROVISIONS FOR ELECTRONIC SIGNATURE

Contracting Party: Franchise DIP

Franchise DIP is the service provider offering the following services presented on the Website:

Electronic DIP
Electronic Signature
Protection of the Concept

DEFINITIONS

Electronic Document: refers to any written document in electronic form downloaded by the User from their Account on www.franchise-dip.fr for the purpose of affixing an Electronic Signature.

Electronic Signature: refers to a signature given in electronic form resulting from the use of a reliable identification process through the use of a Certificate guaranteeing its link to other electronic data to which it is attached. The Electronic Signature used within the framework of this Agreement complies with Article 1-2 of Decree No. 2001-272 of March 30, 2001, and is specific to the Party using it. It is created using means that the person with access to the Certificate can keep under their exclusive control, and guarantees a link with the Signed Electronic Document to which it is attached, such that any subsequent modification of the document is detectable.

Downloading 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 final Electronic Document.

A merged PDF Electronic Document is generated, allowing the sending of a single Electronic Document in PDF format to the recipient(s) for Electronic Signature.

Document Content

Any User who submits Electronic Documents from their account guarantees to Franchise-DIP that they have the necessary rights to use these Electronic Documents and that these documents do not infringe upon the rights of any third party.

The User is solely responsible for the content of the Electronic Document. The User is solely responsible for the content of any exchanges with the recipients of their Electronic Documents that take place via Franchise-DIP.

Franchise-DIP has no right of access to the content of Electronic Documents downloaded, sent, and/or signed electronically via the website www.franchise-dip.fr. 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 website.

Receipt of Electronic Documents, Time Stamping, and Electronic Signature

The Electronic Signature for documents offered by Franchise-DIP is an electronic signature as defined in Article 1316-4 of the French Civil Code.

When the User uploads the Electronic Document to the Franchise-DIP server, they enter the names, mobile phone number, and email address of the signatory(ies), as previously provided by the signatory(ies).

The User is solely responsible for the accuracy of this information, which they are informed is crucial for linking the Electronic Signature to the signatory, an essential condition for the validity of the Electronic Signature. The User will therefore bear sole responsibility for any inaccuracies in this information, without recourse against Franchise-DIP.

When the User clicks the “send” button, an email is sent to the email address(es) of the previously entered signatory(ies). This email contains a download link that allows the franchisee to view the Electronic Document.

Clicking the link triggers the sending of a personal, one-time-use code to the mobile phone number(s) of the signatory(ies), valid for a maximum of 60 minutes.

This code is entered by each recipient where they are asked to sign the Electronic Document. It encrypts the Electronic Document, to which the timestamp and Electronic Signature certificate are instantly attached.

The timestamp certifies the date and time the Electronic Document was signed.

The signature certificate identifies the signatory and guarantees the uniqueness of the cryptographic key used by the signatory. The certificate is an electronic attestation that links the data related to the verification of the Electronic Signature to the signatory, as designated above, and confirms their identity, as designated by the User.

The signature certificate and timestamp ticket are issued by CERTEUROPE SAS, a company with a capital of €500,000 – 26 rue du Faubourg Poissonnière, 75010 Paris, RCS Paris B 434 202 180, an independent trusted third party and a “Qualified Certification Service Provider” accredited 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 as defined in Article 1-11 of Decree No. 2001-272 of March 30, 2001.

The User has reviewed the trusted third party’s certification policy and accreditations, which they have deemed compliant with legal and regulatory requirements and with which they are satisfied.

Access to Electronic Documents

All signed Electronic Documents are accessible to the User for 10 years from their Franchise-DIP account. Signed Electronic Documents can be downloaded by the signatory(ies) via the link they received by email, and by the User via their Account.

Hosting Electronic Documents

When an Electronic Document is signed, the User can download it for backup on their own servers, either from an email confirming the electronic signature or from their “My Documents” tracking interface. The User is responsible for implementing IT infrastructure to ensure that the signed Electronic Document(s) are not altered.

The service provided by Franchise DIP, via the ability to download the Signed Electronic Document from the User’s “My Documents” interface, is a hosting service, and its liability is limited to that of a hosting provider as defined by law. Franchise DIP does not guarantee the integrity of the stored Electronic Documents. This hosting service is included in the price of the signature.

When purchasing a signature, the User automatically subscribes to the legally valid Electronic Document storage service offered by Franchise DIP. This service ensures that the Signed Electronic Document is stored with a trusted third party who guarantees its preservation and integrity. The Signed Electronic Document is archived immediately and automatically after being signed by the Interface, in an IT infrastructure that fully guarantees its unalterability. The Signed Electronic Document is then guaranteed by Franchise DIP as constituting an electronic document as defined in Article 1316-1 of the French Civil Code.

Reversibility

Upon account closure, for any reason whatsoever (e.g., non-renewal of the subscription by the client, termination of the contract by Franchise-DIP), Franchise-DIP will send the User, by any means of its choosing, the files of each signed Electronic Document and will provide the User with the contact information of the trusted third party and, if the User has subscribed to the archiving option, the contact information of the third-party archiver, enabling the User to obtain the signature certificates and legally admissible archived Electronic Documents from each of these parties if necessary. These service providers, like Franchise-DIP, guarantee reversibility upon the User’s first request.

Service Price, Billing, and Payment

The price is expressed in Euros and is exclusive of VAT.

Each Electronic Signature is billed at a flat rate of €10 excluding VAT.

Each signed Electronic Document is archived for a period of 10 years, starting from the month following the online signature, unless the User decides to unarchive the document from their “My Documents” dashboard on the Interface. Archiving is charged at €1 excluding VAT per document per month, until the end of the month of unarchivement or retrieval of the Electronic Document.

The User is informed, upon confirmation of their signature order, of the billing for archiving and of the possibility of canceling this archiving service before the end of the month in which the last signature is affixed to the document.

Subsequently, Electronic Signatures used and legally valid archiving are billed according to the actual number of signatures used, and retrievals are performed on a monthly or quarterly basis.

Cancellation of the Archiving Service

The User may refuse the legally valid archiving service by clicking the “unarchive” button for each signed document. Cancellation is final and takes effect at the end of the current month.

Once signed, the Electronic Document is no longer guaranteed by Franchise DIP as constituting an electronic document within the meaning of Article 1316-1 of the French Civil Code. It is the User’s responsibility to verify, using their own technical means, the integrity of the original signed file that has been returned to them.

Content Hosted by Franchise DIP

Acting as a host of Electronic Documents, Franchise-DIP is under no 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 transmission of viruses via files posted by the User from their Franchise-DIP Account.

If the User does not wish to have their Signed Electronic Documents hosted on the website www.franchise-dip.fr, they may request, by registered mail with return receipt requested, that all hosted documents be deleted from the server. In this case, no documents will be visible in the “My Documents” tab of the User’s account.

SPECIFIC PROVISIONS FOR ONLINE DRAFTING OF DOCUMENTS (GTC) PROVIDED BY SELAS SNIPES

These general terms and conditions of service apply to all services provided to its clients by SELAS SNIPES, a law firm registered with the Paris Bar, with a capital of €35,000.00, registered with the Paris Trade and Companies Register under number 837 490 234, whose registered office is located in Paris, 4 rue Dufrénoy (75116) (hereinafter the Firm).

Fee Agreement

Acceptance of these general terms and conditions of service constitutes a fee agreement between the Firm and the User. The fees are fixed for the legal document drafting service described online in the product description. The fee is stated in the product description, the shopping cart, and the order summary before order acceptance and payment.

The fee is due to the Firm upon the Client’s right to complete the online questionnaire, which will allow them to generate the contract themselves. If the Client does not complete and submit the questionnaire, they will not be entitled to a refund of the fee, as their own negligence makes it impossible to issue the contract.

Payment of Invoices

The Client agrees to pay the invoices for fees issued in accordance with the fee agreement.

Services

The Firm acts as a drafter of legal documents and does not provide any advisory services in this capacity. Its liability for each of these services is defined by the rules applicable to lawyers in force in France, as generally interpreted by French courts and tribunals at the time the services are rendered.

In carrying out its drafting duties, the Firm may offer the User drafting options. These options do not constitute recommendations, instructions, or requirements. These options are a legal choice, based on standard contractual practices, and are issued using information published and accessible to the firm, taking into account the usual documentation resources available to a law firm.

However, any decision regarding the choice of drafting options is a matter of expediency. As such, it is the sole responsibility of the User and will be made by them. The User makes this choice by selecting, from the questionnaire provided, the option that they deem appropriate in relation to their objectives and constraints. The User therefore assumes full responsibility for the consequences, whether positive or negative.

In its contract drafting services, the firm provides the User with a framework agreement. This means that the User will then generally be responsible for finalizing it, that is, verifying the capacity and authority of their contracting party, after having appointed them and after having verified the existence and scope of their rights, and, if necessary, after having negotiated the terms. In this instance, the Firm cannot assume responsibility for the drafting of the document. The User alone is therefore 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 their own initiative; only the version delivered to the User by the Firm can be used to assess the Firm’s liability.

Laws and regulations in general, both national and international, are subject to change retroactively and/or prospectively, such that changes could affect the validity of the Firm’s advice over time. The accuracy of the service provided 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 wording to reflect changes or modifications to laws and regulations, or judicial and administrative interpretations, after the contract has been delivered to the user.

The dissemination of general information by the Firm, for example, through access to the online questionnaire, distribution of its newsletter, publications, or professional meetings such as training sessions, conferences, seminars, or breakfast meetings, cannot be considered consulting services, and this information is used by the User at their own risk. The Firm does not guarantee the completeness or accuracy of the information provided in this context.

Duration

These terms and conditions apply throughout the relationship between the Firm and the User.

The Firm completes each of its assignments by delivering the deliverables defined therein. The services provided by the Firm are always defined exhaustively in the service proposals submitted. Any service not specified in a proposal constituting a specific fee agreement is not included in the scope of services that the Firm has committed to providing under said proposal. The Firm is deemed to have definitively delivered the documents it was to provide to the User upon downloading the document generated by the document drafting software.

Intellectual Property

(a) Firm Property

Le Cabinet a créé, acquis, possède ou détient des droits sur divers concepts, idées, méthodes, méthodologies, procédures, procédés, savoir-faire techniques, modèles, schémas, logiciels, interfaces utilisateur et conception d’écran, logiciels d’usage courant pour le conseil ainsi que des outils et fonctionnalités informatiques, une logique, une cohérence et des méthodes d’exploitation de systèmes (ci-après, collectivement appelés « Propriété du Cabinet») et, peut, en relation avec la réalisation de ses services, employer, fournir, modifier, créer, acquérir ou obtenir de tels droits. Le cabinet se réserve tout droit sur la Propriété du Cabinet créé à l’occasion de la prestation des services au Client. L’Utilisateur n’acquerra aucun droit sur, ni intérêt dans, cette Propriété du Cabinet. En outre, SNIPES sera libre de fournir des services de toutes sortes à tout tiers et pourra utiliser à cette fin la Propriété du Cabinet.

(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 under these terms and conditions and, where applicable, the amended fee proposal, the documents specified as to be provided or as resulting from the Firm’s work shall become the Client’s personal and unrestricted use, subject to the Firm’s intellectual property rights.

Limitation of Damages

Except for each party’s indemnification obligations described below, neither the User nor SNIPES shall be liable to the other for any actions, damages, claims, liabilities, costs, expenses, or losses arising in any way from, or relating to, the Services performed, in total exceeding the amount of fees received by SNIPES for services rendered under these Terms of Service, as amended by the Service Proposal constituting a Fee Agreement. The provisions of this paragraph shall apply, regardless of the form of action, to any damages, claims, liabilities, costs, expenses, or losses that may be due under contractual stipulations, statutes, case law, or any other cause.

Statute of Limitations

No action, of any nature or form whatsoever, arising out of, or in connection with, services rendered by the Firm to the User, may be brought by either party more than one year after the cause of action arose or the beneficiary of the right became aware of it or should have become aware of it.

GENERAL TERMS AND CONDITIONS APPLICABLE TO CONSULTATIONS REGARDING THE SETTING OF COMMERCIAL LEASE RENT AT RENTAL VALUE PROVIDED BY SELARL RETAIL PLACES

Scope of Application

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 at 4 rue Dufrénoy (75116) Paris (hereinafter referred to as the Firm).

Fee Agreement

Acceptance of the general terms of service constitutes a fee agreement between the Firm and the User. The fees are fixed for the document drafting service described online in the product description and indicated in the product description, shopping cart, and order summary before order acceptance and payment.

The fee for the service defined in the last paragraph of the “Services” section below is €249 excluding VAT, which will be added at the rate in effect on the date of the order.

Payment of Invoices

The client agrees to pay invoices for fees upon receipt.

Services

The Firm acts either as counsel, as a drafter of legal documents, or in litigation, assisting or representing the client. Its liability for each of these assignments is defined by the rules applicable to lawyers in force in France, as generally interpreted by French courts and tribunals at the time the services were provided.

In carrying out its assignments, the Firm may make recommendations. These recommendations never constitute instructions or prescriptions. They are legal and technical opinions, based solely on the facts or information brought to its attention, issued on the basis of information published and accessible to the Firm, taking into account the usual documentary resources that a law firm must employ.

However, any decision regarding the implementation of this advice and these recommendations is a matter of discretion. As such, it is the sole responsibility of the User and will be made by them. The User therefore assumes all consequences, whether positive or negative.

The Service provided by RETAIL PLACES consists of:

determining whether grounds for rent review exist to set the rent at the market rental value;
indicate, if applicable, the procedure to follow to obtain a rent review;
if not, state in what cases, upon renewal, the rent may be set at the market rental value.

The Service will be provided by submitting a report in PDF format, containing the above information, as a result of the analysis of the client’s lease, their current face rent, and the lower end of the market rental value range determined by the COLOMER firm. Modifications to the leased premises made by the tenant, which require a review of plans and an on-site visit, will not be taken into account for the right to set the rent at the market rental value upon the first or second renewal.

Disclosure of Information

Unless otherwise required by law, the User acknowledges and agrees that all advice, recommendations, information, or work results provided by the Firm are intended for the User’s confidential use and may not be disclosed to any third party. The User may not summarize or refer to this advice, recommendations, information, or the results of the Firm’s work without first obtaining the Firm’s prior written consent for the intended communication.

Cooperation – Use of Information – Confidentiality

The User agrees to cooperate with the Firm in the performance of the Services and will grant the Firm timely access to its data and relevant information to the extent necessary for the Firm to perform the agreed-upon services. Failure to properly cooperate with the User’s staff members possessing the required skills, or to provide requested documents or information in a timely manner, could adversely affect the Firm’s ability to efficiently provide the planned services, or even completely compromise the Firm’s ability to provide the agreed-upon Service.

The Firm will base its conclusions on the documents, facts, and assumptions submitted by the User and will not independently verify this information. Any inaccuracy or incompleteness in the information provided by the User could have a decisive impact on the Firm’s conclusions. Consequently, these conclusions may not be appropriate to the User’s actual situation, which the Firm would have been unable to fully understand. The User must therefore ensure that they do not withhold information and must provide the Firm with any requested document and any document they believe may be useful to the Firm in ensuring an accurate understanding of their situation.

The User will ensure the lawful origin of any document they provide to the Firm. They will ensure that the Firm’s use of any document does not infringe upon the rights of any third party. If the User has any doubt whatsoever about the legality of a document they submit to the firm or about the extent of their rights to that document, they must inform the firm beforehand or at the latest at the time of submission. In the absence of such notification, the firm will presume the document to be lawful and will assume that the User holds all rights to its use.

Documents submitted to the firm are copies, which the user guarantees to be faithful and consistent with their originals. The user will prioritize digital copies of the original documents. The user agrees to retain the original, unless expressly requested to do so by the firm. The firm does not safeguard the copies submitted to it and therefore assumes no obligation as a custodian. The firm digitizes documents submitted to it in paper format and undertakes no obligation to retain said paper documents. The firm will retain its files electronically for the legally required retention period.

The Firm will not update its advice based on changes or modifications to laws and regulations, or judicial and administrative interpretations subsequent to the communication of its advice, recommendations, or contracts to the User.

The dissemination of general information by the Firm, for example, through its newsletter, publications, or professional meetings such as training sessions, conferences, seminars, or breakfast meetings, cannot be considered as providing advice, and this information is used by the User at their own risk. The Firm does not guarantee the completeness or accuracy of the information provided in this context.

All communications between the Firm and the User are confidential, as are all documents the Firm creates in the course of providing the Services. The User may not, therefore, disclose to any third party any communications they have had with the Firm, except in the event of a court or administrative order that they cannot resist, or as required for the performance of these terms of service.

The User’s documents and information are protected from disclosure to third parties under the legal conditions for the protection of attorney-client privilege as defined in France. If an administrative or judicial authority requires the Firm to disclose documents or information, the Firm will maintain attorney-client privilege within the limits of its legal obligations to cooperate with the administrative or judicial authorities. It will immediately inform the Paris Bar Association.

Duration

These terms and conditions apply throughout the relationship between the Firm and the User.

The Firm completes each of its assignments by delivering the documents defined herein. The services provided by the Firm are always defined exhaustively in the service proposals submitted. Any service not specified in a proposal constituting a formal fee agreement is not included in the scope of services the Firm has committed to providing under said proposal. The Firm is deemed to have definitively delivered the documents it was to provide to the User upon the User’s download of the document or upon the Firm’s sending it to the User.

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 designs, commonly used consulting software, as well as computer tools and functionalities, logic, consistency, and methods of system operation (hereinafter collectively referred to as “Firm Property”) and may, in connection with the performance of its services, use, provide, modify, create, acquire, or obtain such rights. The Firm reserves all rights to the Firm Property created in the course of providing services to the Client. The User shall not acquire any rights to, or interest in, this Firm Property. Furthermore, SNIPES shall be free to provide services of any kind to any third party and may use the Firm Property for this purpose.

(b) Use of Services

Limitation of Damages

Statute of Limitations

No action, of any nature or form whatsoever, arising out of or in connection with services rendered by the Firm to the User, may be brought by either party more than one year after the cause of action arose or the parties became aware of it.

Governing Law – Disputes

These General Terms and Conditions are governed by and construed in accordance with French law. Any disputes arising in connection with the engagement, other than those concerning the payment of fees, shall be subject to the exclusive jurisdiction of the Paris Bar Association or, if the matter does not fall within its specific jurisdiction, to the Paris High Court (Tribunal de Grande Instance de Paris).

In the event of a dispute concerning the validity, interpretation, or performance of the fee agreement, the President of the Paris Bar Association may be contacted at the request of the most diligent party.

In accordance with the professional rules of conduct for lawyers, non-professional clients are informed that, pursuant to Articles L.152-1 et seq. of the French Consumer Code, they have the option of resorting to a consumer mediator.

Non-professional users may contact the national consumer mediator 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 French Consumer Code, contacting the mediator is only possible after a prior attempt to resolve the dispute directly with the law firm through a written complaint.

This option of using the mediator is not available to professionals.

Miscellaneous Provisions

RETAIL PLACES will communicate with the user by email or by any other electronic means. 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, and the risks of viruses or other harmful devices).

Entire Agreement

These terms and conditions, together with any service proposal that may be provided, constitute the entire agreement between the Firm and the User and supersede all prior oral or written agreements.

TERMS AND CONDITIONS RELATED TO THE CONTRACT MANAGEMENT SOFTWARE OF SPFPL SNIPES

Contractor:

SELAS SNIPES, with a capital of €35,000, whose registered office is 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 schedule a personalized appointment for needs assessment, cost estimation for implementation services, team training, software licensing, maintenance, and support. A draft contract will be provided after acceptance of the cost estimate resulting from the needs analysis conducted during the client meeting.

CONDITIONS RELATED TO RENT AND RENTAL VALUE ASSESSMENTS

These services are provided by COLOMER EXPERTISE, 4 rue Castellane – 75008 Paris, RCS PARIS 493435283.

COLOMER EXPERTISE conducts rental value assessments (market, commercial code, and legal).

It has created a specific database dedicated to commercial real estate. This database is not exhaustive. It contains the references that COLOMER EXPERTISE has collected throughout the execution of its mandates.

COLOMER EXPERTISE has developed a calculation formula that allows the User to obtain, immediately and free of charge, an automated online assessment of the market, commercial code, and legal rental value of their commercial property, using the data in its database.

The formula only works if the User completes the required fields of the questionnaire on the Website. The User consents to the use of all data submitted in this form and the attached documents by both COLOMER EXPERTISE and the aforementioned companies SNIPES and RETAIL PLACES, for integration into their rental value databases and subsequent use.

This result is presented to the User as a rental value range, with a lower and upper limit, for a geographical area near the commercial premises designated by the User.

The result depends on the information entered by the User in the questionnaire, which is not verified by COLOMER EXPERTISE. This information is presumed to be accurate by COLOMER EXPERTISE, and the User is solely responsible for any inaccuracies, which will result in a less reliable outcome.

A reliability rating is provided to the User. A high rating indicates a large number of relevant references, meaning the provided range can be considered a reliable indicator that should be verified. A medium or low rating indicates that the User should conduct further analysis to obtain a sufficiently accurate understanding of rental values and should not base their decisions solely on the displayed range.

COLOMER EXPERTISE provides valuation opinions. These valuations are subject to online payment at a unit price of €249 excluding VAT.

They are delivered as a letter on COLOMER EXPERTISE letterhead, signed by one of its partners, providing the firm’s valuation of rental values (market, commercial code, legal). This valuation is sent within 24 business hours following the business day of payment, as a PDF file sent by email to the address provided by the User in their Profile.

It is based solely on the COLOMER database and the application of the calculation formula, without a range, verified by an expert who may adjust or refine the valuation.

The User understands that the valuation resulting from this valuation may be refined by an expert appraisal, which includes, in addition to a more in-depth analysis, an on-site visit and the specific search for comparable properties that may not be listed in the COLOMER database. The value determined by a valuation opinion is therefore less precise and reliable than that resulting from an expert appraisal report.

COLOMER emphasizes that the expert provides an opinion on a value, based on an analysis of factual, legal, and economic data, for the purpose of estimating rental values. These valuation opinions are submitted to the parties to the lease, who are free to accept or reject them, and to judges, in the context of valuation opinions, amicable appraisals subject to adversarial proceedings, or court-ordered appraisals. The judge then determines the rental value according to the criteria of the Commercial Code, without being bound by the expert’s opinion.

Colomer Expertises does not use subcontractors, which allows it to operate with complete confidentiality. The company adheres to the principles of the Charter of Expertise and the Red Book.

GENERAL TERMS AND CONDITIONS APPLICABLE TO CONSULTATIONS RELATING TO INSURANCE CONTRACT ANALYSES

Scope of Application

These general terms and conditions of service apply to all services provided to the User by SELAS SNIPES, a law firm registered with the Paris Bar, with a capital of €35,000.00, registered with the Paris Trade and Companies Register under number 837490234, whose registered office is located in Paris, 4 rue Dufrénoy (75116) (hereinafter the Firm).

Fee Agreement

The fee for the service defined in the last paragraph of the “Services” section below is €249 excluding VAT, which will be added at the rate in effect on the date of the order.

The fee is due to the firm as soon as the client is given the opportunity to complete the online questionnaire. If the client does not complete and submit the questionnaire, they will not be entitled to a refund of the fee, as their own failure to do so makes it impossible to perform the analysis of the insurance contract.

Payment of Invoices

The client agrees to pay invoices for fees upon receipt.

Services

The service provided by SNIPES consists in particular of verifying:

whether the insurance contract includes business interruption coverage,
under what circumstances this coverage applies,
the scope and nature of the damages covered,
whether the contract stipulates any exclusions and conditions of coverage,
whether this exclusion clause is enforceable against you.

The Service will be delivered by providing a report in PDF format, containing the above information, as a result of the analysis of the client’s insurance contract. The Service does not include an analysis of the existence of business interruption losses, their valuation method, the formalities of the claim declaration, or any conditions for the effective implementation of compensation.

Disclosure of Information

Cooperation – Use of Information – Confidentiality

Duration

These terms and conditions apply throughout the relationship between the Firm and the User.

Intellectual Property

(a) Firm Property

(b) Use of Services

Limitation of Damages

Statute of Limitations

Governing Law – Disputes

Non-professional users may contact the national consumer mediator for the legal profession:

This option of using the mediator is not available to professionals.

Miscellaneous Provisions

SNIPES will communicate with the User by email or otherwise transmit electronic documents. 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 terms and conditions, together with any service proposal that may be provided, constitute the entire agreement between the Firm and the User and supersede all prior oral or written agreements.

Contact our lawyers

First needs assessment appointment free of charge