SELARL BEAUBOURG AVOCATS (“BA“) conducts commercial activity ancillary to the legal profession and provides the following services (“Services“) on its website www.beaubourg-avocats.fr (“Site“):

  • Provision of legal document templates (“Models“) free of charge or for a fee;
  • A general legal information service of a documentary nature without this information constituting legal advice;
  • Provision of Content on the Site understood as any document, Model, article (“Content“).

Our general terms of use, sale, and service (“GTUCS“) are intended to define the conditions of use of the Site and Services. They apply to any order of a Service made on the Site by professional or non-professional buyers as defined in the preliminary article of the Consumer Code (“Client“). The GTUCS govern the contractual relationships between the Client and BA.

Our GTUCS are available on our Site where they can be directly consulted at any time. You can keep these GTUCS on a durable medium by printing them. In case of ordering a Service on the Site, the GTUCS are always attached to the order confirmation email that will be sent to you.

You acknowledge that by using our Site you fully accept these GTUCS. Also, any order of a Service via our Site implies prior acceptance of the GTUCS which are made available to you before finalizing the order via a hyperlink referring to said GTUCS. BA invites you to carefully read the GTUCS before each order.

Article 1 — Ordering Services on our Site

1.1 Ordering a Model on our Site

The Service offers proposed on our Site are valid, unless otherwise specified, as long as the offers are available on the Site.

Before finalizing your order and paying for the service, you have the possibility to check the details of its price.

To place an order for a Model, you must:

  • Select the desired Model on our Site;
  • Accept our GTUCS and review our legal notices and Privacy Policy;
  • Make the payment by clicking on “Pay”.

Any order constitutes your express agreement to BA beginning the execution of the Services.

1.2 NO RIGHT OF WITHDRAWAL

When our Models are purchased by professional buyers and not by consumers as defined in the preliminary article of the Consumer Code, you do not benefit from a right of withdrawal.

When our Models are purchased by non-professional buyers, in other words by consumers as defined in the preliminary article of the Consumer Code, you do not benefit from a right of withdrawal.

Indeed, in accordance with the provisions of Article L221-28 of the Consumer Code, which states that:

“The right of withdrawal cannot be exercised for contracts:

[…]

13° For the supply of digital content without a tangible medium where performance has begun before the end of the withdrawal period and, if the contract requires the consumer to pay, when:

a) The consumer has given prior express consent for the performance of the contract to begin before the expiration of the withdrawal period; and

b) The consumer has acknowledged that they will lose their right of withdrawal; and

c) The professional has provided confirmation of the consumer’s agreement in accordance with the provisions of the second paragraph of Article L.221-13 of the Consumer Code.”

Article 2 — Financial conditions related to the acquisition of a Service

The price of Services available on the Site is indicated in Euros, either excluding tax (HT) or excluding tax and including all French taxes (TTC).

The price of the Service is the one in effect on the day of the order.

The total amount due and its details are indicated on the confirmation page of each order.

BA reserves the right to modify the price of Services indicated on its Site at any time and under the conditions set out below.

Article 3 — Payment and invoicing methods for the Service

3.1 Payment for the Service

The price is due in full after confirmation of the order in order to have access to the desired Service.

You can pay for your order:

  • By credit card (Carte Bleue, Visa, Eurocard/Mastercard). BA uses the secure payment service provided by Stripe, Inc. Confidential data (the 16-digit credit card number, expiration date, and CVV code) are directly transmitted encrypted to Stripe, Inc.’s server. BA does not have access to this data;
  • By the electronic wallet provider Paypal. During the order, you must log in to your Paypal account to make the payment, without having to communicate your bank details.

3.2 Invoicing for the Service

For each order placed, BA sends you an order confirmation email containing:

  • A link to view your invoice and;
  • A PDF copy of these GTUCS.

You can print or archive any invoice on a reliable and durable medium.

Article 4 — Description and provision of Services

4.1 Models

The Model Service consists of providing legal document templates.

Models are downloadable on the site either free of charge or for a fee.

As part of an obligation of means, BA undertakes to ensure that all contents of the Models made available to you are designed according to best practices, applying reasonable precautions to avoid errors and omissions.

BA does not grant any other express or implied warranty with respect to the contents and Models published on the Site or the information transmitted. BA does not guarantee in any way that the Models comply with applicable law and regulations, particularly due to the constant evolution of regulations and case law, that your use of the questionnaires and Models corresponds to your needs and situation, the questionnaires and Models offered by BA being generic documents and all answers being provided by yourself. You acknowledge that each Document consists of a Model completed by you without the assistance of a lawyer and that you are therefore solely responsible for:

  • the adequacy between the form of the chosen Model and the use you make of it;
  • the choice of options proposed in each Model;
  • the accuracy of all answers and information completed by you.

Any order for a Model is delivered by making available, immediately after payment of said order, the Model by email in WORD version.

You have the possibility to download the Model by clicking on the link provided for this purpose and save this Model on your computer or on an external hard drive.

4.2 Content

BA provides information content on the Site free of charge.

You are solely responsible for the consultation, choice, use, and interpretation of the Content available on the Site.

This content is made available to you for informational purposes only and its use does not substitute in any way for legal and/or tax advice from a lawyer. You are solely responsible for the consultation, use, and interpretation of estimates provided by interactive tools available on the Site.

As the law is constantly evolving, the information appearing on our Site may be erroneous in whole or in part. Only the drafting of a proper legal consultation will provide you with an answer up to date with the latest legislative, regulatory, and case law developments.

Article 5 — Our commitments

5.1 Your satisfaction is at the heart of our concerns

All our documents have been developed and updated by our lawyers. We make every effort to provide you, in all circumstances, with a quality service and impeccable legal documents. However, if you are not satisfied with our Services, we invite you to contact us indicating the reasons and details of your dissatisfaction.

5.2 Management of your complaints

Any complaint from you should be addressed to BEAUBOURG AVOCATS, 84 rue Jean de la Fontaine, 75016 Paris or to the following email address: contact@beaubourg-avocats.fr

BA will only consider complaints relating to the Services. Consequently, BA will not be able to favorably receive complaints relating in particular to:

  • The results or effects produced by the Models downloaded via the Site, particularly if the signing of this document has caused you harm, insofar as you have downloaded a model to be filled out and not requested the drafting of a legal act by a lawyer;
  • A change in your decision regarding the opportunity or interest in creating a Document and purchasing a Model.

We commit to:

  • Respond to any complaint within a maximum of 10 working days from receipt of the information or documents concerned.

Article 6 — Our responsibility

BA will do its best to ensure access to the Site and the availability of its Services. However, given the nature of the Internet, this cannot be guaranteed. Moreover, access to the Site and Services may occasionally be suspended or limited to allow for repairs, maintenance, or to add a new functionality.

BA is not responsible for damages that have not been directly caused by a breach on its part of these GTUCS, and for indirect damages and losses of profit, loss of chance, benefit, turnover, business, opportunities, contracts, expected savings, data, customers, unnecessary expenses, damage to reputation or business interruption, suffered by the Client due to the use of a proposed Service and particularly a Model.

In any case, BA’s liability is limited to the amounts paid by the Client and collected by BA for the Service that was the origin of the Client’s damage.

In the event of the occurrence of a force majeure event, as defined in Article 1218 of the Civil Code and by the jurisprudence of French courts, which prevents BA from fulfilling its contractual obligations under the execution of a given Service, BA’s obligations will be suspended and BA will not be held liable in this respect. BA will inform the Client of the occurrence of this event as soon as possible.

If the duration of the force majeure event is greater than thirty (30) consecutive days, and/or if this event, from its occurrence, definitively prevents BA from fulfilling its contractual obligations under the execution of the Service concerned, BA and the Client will each be entitled to terminate the Service concerned by written notification addressed to the other party by registered letter with acknowledgment of receipt. The termination will take effect upon receipt of the registered letter without engaging BA’s liability in any respect.

Article 7 — Your commitments

The Services, Content, and Models are intended for use for your own needs only and you agree not to make any other use of them, and in particular not to sell, rent, or commercialize all or part of these elements.

You agree to comply at all times when using the Site, Services, Models, and Content with applicable national and international laws and regulations and with these GTUCS. You guarantee that you will not use the Site, Services, Models, and Content for unlawful or immoral purposes or contrary to the intended use of the Site, Services, Models, Content and/or their purpose.

Article 8 — Modifications to the GTUCS

We reserve the right to make changes to the Site, Services, and/or these GTUCS at any time. You are subject to the GTUCS in force at the time you use the Site and order a Service.

In the event of a change in applicable law and regulations affecting an ongoing order, BA will notify you by any means. If said modification results in the impossibility for BA to provide the Service under the conditions provided for in the order, BA may proceed with the termination of said order and will refund you the amounts received.

8.1 Modification of Service Prices

BA reserves the right to modify the price of Services indicated on the Site at any time, it being understood that the new price is only applied to orders placed from the entry into force of the new price.

8.2 Modification of the Site and Services

BA may add or remove certain features of the Site. It may also happen that we suspend or completely interrupt a Service, it being specified that in case of interruption of a Service resulting in the impossibility for BA to execute an order, BA will proceed with the refund of the same.

Article 9 — Intellectual and industrial property

The “Beaubourg Avocats” trademark, as well as all figurative or non-figurative trademarks and more generally all other trademarks, illustrations, images, and logos appearing on the Site, whether registered or not (“Marks“) are and remain the exclusive property of BA.

The Site and all graphic, textual, visual, and photographic elements appearing on it, namely all illustrations, images, drawings, photographs, characters, texts, decorations, modes of presentation, graphics, Content, Models, or any other element of the Site (“Site Content”), are and remain the exclusive property of BA and are protected by intellectual property law.

The Trademarks, the Site, and the Site Content may not under any circumstances be modified, reproduced, represented, distributed, displayed, marketed, integrated into a derivative work or otherwise, in whole or in part, on any medium whatsoever. In general, the Trademarks, the Site, and the Site Content may only be used within the framework of browsing the Site and, where applicable, using our Services.

Article 10 — Severability of clauses

The nullity of one of the clauses herein does not entail the nullity of these TCGSU; the other clauses will continue to produce their effects.

Article 11 — Language

These TCGSU are written, as well as all the contractual information mentioned on the site, in French.

Article 12 — Applicable law and jurisdiction

These TCGSU are subject to French law.

In the event of a dispute, litigation, or action relating to or originating from the interpretation, execution, or termination of these TCGSU and the conclusion, execution, or termination of a Service, the parties will endeavor to settle their difference amicably.

If no amicable solution is found, the parties agree that the dispute will be brought exclusively before the courts of Paris.