General Conditions of Sale and Use

Cabinet CHG – Avocat

Maître Gauthier CHEVALIER

Avocat au Barreau de Paris

26, Avenue George V – 75008 Paris

Hereinafter referred to as “the Lawyer”, or the “Firm”

And,

The Client: any person purchasing legal services over the internet, through the website: www.CHG-avocat.com

Hereinafter referred to as the “Client”

The following was stated and agreed:

Preamble

The client contacted the Firm via the website: www.CHG-avocat.com.

The parties agree that their relations will be governed exclusively by these terms and by the fee agreement signed by the Client, excluding any condition previously available on the Firm’s website. The applicable General Conditions of Sale are those in force on the date of validation of the Order. Failure to sign a fee agreement on a separate document will result in this document being equivalent to a fee agreement. The fee agreement electronically firmed will prevail.

Summary

Article 1 : Definition

The terms and expressions referred to below mean, when preceded by a capital letter, for the purposes of the interpretation and execution hereof:

Cabinet” or “Firm“: The CHG Cabinet, represented by Maître Gauthier Chevalier, Lawyer at the Paris Bar, located 26 avenue George V, 75008 Paris, whose SIREN number is 828723684.

Client“: any person purchasing legal services over the internet, through the website www.CHG-avocat.com.

Website“: Site www.CHG-avocat.com, operated by the Firm, and on which the Client can place an Order for a Service.

General Conditions of Sale” or “GTC”: by General Conditions of Sale or GTC is meant this document, incorporating the GTC as well as the general conditions of use.

Service provision” or “Service” or “Provision”: completion of legal consultation by the Lawyer for the benefit of the client.

Order“: purchase of a legal service by the Client from the Lawyer.

Any reference to the singular includes the plural and vice versa.

Any reference to one genre includes the other genre.

Article 2 : Subject

These General Terms and Conditions of Sale govern all the existing contractual relationships between the Firm and the Client with regard to the Services offered by the Firm, to which is added a fee agreement.

Article 3 : Scope

The essential characteristics and the price of the Services sold are available on the Firm’s website.

The Firm transmits to the Clients the information relating to his identity, his postal address, his e-mail and telephone address, as well as the information relating to any guarantees, and this in application of the legal provisions.

Article 4 : Entry into force

These General Terms and Conditions of Sale come into force on the date of validation of the Order as defined in Articles 6 and 7, in the version in force on the date of the order.

Article 5 : Capacity and consent

Before any Order is made, the Customer declares to have free and informed consent, to be of legal age under the law of the country in which he resides, or the law of the country in which he is located at the time of the Order of the Service and its realization. He declares in any case to be at least 18 years old.

The Client declares to have full legal capacity, to be of sound mind and not to be the subject of any legal or judicial protection measure such as the safeguard of justice, guardianship or curatorship.

In the presence of any doubt, the Client must, prior to the completion of any Order, establish contact with the Firm and indicate the basis of this doubt. Anyone undergoing psychological or psychiatric follow-up, or in the grip of an addiction, depression, or other psychopathological syndrome, must necessarily contact the Firm before placing an Order, all for the purposes of protection of the client.

Article 6 : The Order and the payment

The Client consults the Firm’s website. Then, he browses the firm’s store and clicks on the article “Contractual termination”.

He will accept these general conditions of sale.

It will then be sent to a secure payment platform, operated by a third party, the company Stripe or Paypal, and will enter the number of its bank card or bank account in order to finalize the payment. This implies acceptance of these general conditions of sale, thus forming the contract on the day of this acceptance.

Article 7 : Acceptance of the General Conditions of Sale

The Customer declares to have read these General Conditions of Sale before validating or carrying out his Order. The validation of the Order therefore constitutes acceptance without restriction of these General Conditions of Sale. The latter are applicable for all Orders made, regardless of the Customer’s territory of residence.

In the presence of an Order made via the Firm’s Website, the Lawyer ensures full acceptance of the General Conditions of Sale by obliging the Client to click on the box relating to acceptance of the General Conditions of Sale containing the link of said conditions. The GTC are moreover constantly present on the chg-avocat.com website.

Article 8 : Price of the Services

The service is invoiced at a price of 199 euros including tax. A performance fee will be paid by the Client to the Lawyer, in the amount of Thirteen percent excluding tax (13% excluding tax) of all the sums received for the contractual termination signed by the Client, or during the transactional agreement where applicable.

Note that in the event of a contractual termination indemnity less than an amount of 400 euros, no percentage will be due by the customer, the total amount paid will therefore be 199 euros including tax. The performance fee will be identically due, in accordance with the terms of Article 8 paragraph 2, in the event that the Client has discharged, during the procedure, for any reason whatsoever, the Lawyer of his mission. In such a situation, the fixed penalty of an amount of two thousand euros (2,000 euros) excluding tax, provided for in Article 12 paragraph 2, is also applicable in accordance with the terms set out in Article 12 of these GTC. The lawyer will accompany the Client in his request for contractual termination, and will intervene, if necessary, by official letter, with the Client’s employer.

Article 9 : Identification

The Client undertakes to provide the Firm with accurate information, updated in real time. The Customer undertakes in particular to provide a fixed or mobile telephone number of his own and belonging to him, as well as an address and a valid identity document.

The Customer guarantees and certifies that he owns the means of payment used, namely the bank card used as well as the debited bank account. Failing this, the Client will be fully responsible for the consequences and will have to answer for the entire loss resulting therefrom, without the Lawyer being liable, directly or indirectly.

Article 10 : Use of the media provided by the Firm

The Client declares to make reasonable use of the Website and the documents sent by the Firm. He declares that he respects the rules of decorum and behaves like a good father. The Customer agrees to show courtesy, respect and elegance before, during and after using said Services. In the presence of inappropriate behavior, the Firm reserves the right to prohibit the use of its Audit Client Services, and to terminate the service without notice, without any reimbursement.

The Client undertakes to maintain the utmost confidentiality with regard to all the information that he may have obtained during the use of the Services offered by the Firm, and declares not to peddle any false information or rumor that could directly or indirectly harm the reputation of the Cabinet. The Client remains free to write an opinion on the services of the Lawyer, on the various websites. However, the Client must show temperance, prudence and honesty like a good father. Otherwise, the Customer will engage his civil liability and will be liable for the entire damage.

Article 11 : Right of withdrawal

The Customer has a right of withdrawal, except where the law of the country in which he resides does not provide for it, provided that:

  • He has not previously waived the use of his right of withdrawal;
  • The performance of the Service has not started.

 

As the performance of the Service is instantaneous, the Customer acknowledges waiving his right of withdrawal from the start of the Service, upon validation of the order.

Article 12 : Default of payment

In the presence of a total or partial, direct or indirect payment default, or of a stop payment, all collection costs will be charged and borne by the Client, including legal fees, representation, proceedings, costs and irrecoverable costs. The amounts due will be increased by the legal interest on the first reminder by e-mail or simple letter following the default of payment, without additional formality. The interest rate will be increased by five points within 30 days of the first raise, without any special formalities.

A flat-rate penalty in the amount of two thousand euros (2,000 euros) excluding tax will be automatically applied in the event of a default in payment, for any reason whatsoever. The Client acknowledges and accepts that in the event of non-payment, he will automatically be liable for the flat-rate penalty in the amount of 2,000 euros to the Firm. This compensation will be increased to 5,000 euros excluding tax when the amount of the contractual termination signed by the Customer exceeds 40,000 euros.

Article 13 : Personal data

The Firm neither keeps nor uses for commercial purposes the data collected from Clients. The Firm neither keeps nor retrieves any financial or banking data relating to the payment instruments used by Clients. The Client acknowledges having read the confidentiality charter on the Firm’s website, in the “Confidentiality charter” tab. This charter sets out and details the rights and obligations of the Firm and the Clients with regard to the retention and use of personal data, in accordance with the European regulation known as “GDPR”. The Customer’s rights and in particular his right to withdraw and rectify this data are detailed in said charter.

Article 14 : Nullity of a clause

If any of the provisions of these General Conditions of Sale were canceled, this nullity will not result in the nullity of the other provisions of the General Conditions of Sale, which will remain in force between the parties.

Article 15 : Notifications

Any notification to be made in the context of the performance of a Service Provision will be considered as completed if it is made by registered letter with acknowledgment of receipt to the following addresses, unless otherwise provided in these General Conditions of Sale:

To the Customer: at the address communicated by the letter.

At the office: 26 Avenue George V, 75008 Paris

Article 16 : Responsibility

The client accepts the risk inherent in the refusal, by the employer or by the administration (the DIRECCTE), to sign or approve the contractual termination. The Client will in no way be able to hold the Lawyer responsible in the event that no contractual termination could have resulted, for any reason whatsoever.

Article 17 : Complaints and amicable settlement of disputes

In the event of a dispute relating to the execution hereof, the Client or the Lawyer will refer the matter to the President of the Bar of Paris, then to the First President of the Paris Court of Appeal for the appeal.

Legal Notice

In application of European regulation 2016/679, it is specified here:

No personal data is collected, rented, transmitted or assigned, except the information transmitted via the contact form, which is collected and kept for a reasonable period. They are then deleted.

This information is kept only in the context of the client-lawyer relationship.

No transfer of your data is made outside the European Union, except for hosting reasons. No service provider is intended to have access to your data, except hosting.

You are advised to disable cookies by configuring your internet browser(s).

You have the right at any time to:

– Stay informed about the use of your data;

– Check your data;

– Correct your data;

– Deferencing content;

– Erase your data;

– Request the portability of your data;

– Request human intervention in the face of profiling;

– Manage the use of your data;

GDPR: Know your rights:

Pursuant to Articles 13 and 14 of the General European Data Protection Regulation (2016/679) and Article 32 of the Data Protection Act of 6 January 1978 as amended, the Site Publishing Director informs you that:

a) (Who protects?): The person responsible for the file is Me Gauthier Chevalier, Data Protection Officer – DPO – located 26 avenue George V, 75008 Paris, and whose contact email is: contact @ CHG-lawyer. com;

b) (What is protected?): All of your personal data;

c) (Why? For what purposes?): For the protection of your privacy, as part of the processing of your file, whether it is a legal, judicial or arbitration file;

d) (Or?) In a register kept by Me Gauthier Chevalier;

e) (When and until when?): Your data is processed and stored by Me Gauthier Chevalier, as soon as you are established, including for the simple establishment of a quote or when making an appointment. you;

f) They will only be kept for 6 weeks in the event that the appointment is not honored;

g) In all other cases, they will be kept for a period of 5 years from the last legal or judicial act carried out by Me Gauthier Chevalier;

h) (How?): By a protected and secure computer system and / or by protected and secure premises and computer system.

The OVH service provider uses the following Cookies:

svSession, hs, XSRF-TOKEN, smSession, TSxxxxxxxx, TSxxxxxxxx_d.

For any question or request, please send an email whose subject is GDPR to the address: Gch@gauthierchevalier-avocat.com. You will receive a response within a reasonable time. The person responsible for the file is Maître Gauthier Chevalier.

Consumer law and mediator:

In accordance with the provisions of Articles L.612-1 et seq. Of the Consumer Code, you have the possibility, in the event of a dispute, to appeal free of charge to the Consumer Mediator at the National Council of Bars (CNB) whose contact details are: following: CNB, Consumer Mediator, 180 boulevard Haussmann – 75008 Paris

Legal notices of the Firm:

Master Gauthier Chevalier

Lawyer at the Paris staff

Individual exercise

26 Avenue George V – 75008 Paris

contact@CHG-avocat.com

Siret: 828 723 684 00035

Director of publication: Gauthier Chevalier

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