OUR GENERAL TERMS AND CONDITIONS OF SALE
and Intervention
These general terms and conditions (hereinafter the "General Terms and Conditions") have been drawn up in accordance with French law no. 71-1130 of 31/12/1971, as amended, and decree no. 91-1197 of 27/11/1991, as amended.
Their purpose is to define the conditions under which JABERSON, SELAS, (RCS Marseille 827 726 993), headquartered at 1 rue de la République in Marseille (13002) or JABERSON Avignon, société d'exercice libéral à responsabilité limitée (RCS Avignon 833 578 180) having its registered office at 249 rue Jean Dausset in Avignon (84140) (hereinafter "JABERSON") performs legal services (hereinafter the "Services") for the benefit of its clients, individuals or legal entities (hereinafter the "Client(s)").
ARTICLE 1: SCOPE OF APPLICATION
The Services offered by JABERSON within the scope of its activity give rise to a quotation, an engagement letter, a fee agreement or a written exchange between the Parties, drawn up on the basis of the needs expressed by the Client (hereinafter the "Quotation").The Quotation mentions in particular the designation, nature and, where applicable, the quantity and price of the Services.
As the General Terms and Conditions are communicated to the Client at the same time as the Quotation, the signing of the Quotation by the Client implies full acceptance of the General Terms and Conditions in force.
Together with the Quotation, the General Terms and Conditions form the set of contractual terms and conditions (hereinafter the "Contract") governing the relationship between JABERSON and the Client (hereinafter the "Parties").
They prevail over any other general or special terms and conditions not expressly accepted by any means in writing by JABERSON.
JABERSON reserves the right to modify its General Terms and Conditions at any time.In this case, the General Terms and Conditions applicable will be those in force on the date of signature of the Quotation.
The General Terms and Conditions supplement the specific stipulations set out in JABERSON's ON YOUR SIDE support program.
ARTICLE 2: OBLIGATIONS OF THE PARTIES
The Services performed by JABERSON are defined in the Quotation.JABERSON undertakes to use its best efforts to perform the Services with professionalism and diligence.
For its part, the Client undertakes to cooperate with JABERSON by transmitting all information and documents necessary for the performance of the Services.
JABERSON shall in no event be held liable for errors of assessment whose origin lies either in the inadequacy of the information provided by the Client, or in the discovery of unknown elements, or in the concealment of elements useful to the proper assessment of the situation, despite the implementation of normal diligence.
The Services are intended exclusively for the Client (or his legal representative). They may not be communicated to third parties without the express authorization of JABERSON.
The relationship between JABERSON and its Client is based on mutual trust.
To ensure the effectiveness of JABERSON's Services, the Client undertakes to make known without restriction all data relating to the problems submitted and to provide all documents relating thereto.
JABERSON undertakes to maintain the strictest independence vis-à-vis the Client .Should JABERSON be unable, for ethical reasons, to accept or continue certain interventions, JABERSON will inform the Client without delay, with no entitlement to damages.
ARTICLE 3: LIABILITY
The assistance given to the Client is provided on the basis of the texts, case law and doctrine published on the date of JABERSON's consultation.
After completion of its Services JABERSON is not bound by any obligation to provide information in the event of changes in legislation or case law.
Any action or claim relating to the Services performed by JABERSON under these General Terms and Conditions shall be barred within a period of five (5) years from the completion of the Services.
JABERSON disclaims any liability for the consequences that may result from a cessation of its work due to non-payment of its invoices on the due date.
ARTICLE 4: CLIENT PARTICIPATION
The Client undertakes to :
a) Prepare all documents (originals and photocopies) that JABERSON may require for the performance of the Services;
b) Send said documents on time so as to comply with legal deadlines and regulations;
c) Initial, sign and, if necessary, send to the designated persons all documents drawn up within the framework of the Services, in accordance with the explanatory note or instructions provided by JABERSON;
d) Pay the fees and related expenses in accordance with the indications contained in the Quotation.
ARTICLE 5: DEFINITIONS
Fee:
The fee is the amount paid by the Client to JABERSON in accordance with the Quotation.The fees of external contributors (chartered accountant, translator, correspondent, bailiff, expert, auditor, notary, etc.) are not included in the fees.
Expenses:
These correspond to the expenses incurred by JABERSON in connection with the performance of the Services, in particular: travel expenses, any subsistence expenses (meals/accommodation).They are in addition to the fees.
Disbursements:
These correspond to the costs incurred on behalf of the Client, for example registration fees, registry and formalities center fees, legal announcements, enrolment fees, costs related to the intervention of legal auxiliaries, tax stamps and other taxes and/or pleading fees, etc.
JABERSON may request an advance or may ask the Client to pay the invoices of third-party service providers directly.Costs and Disbursements are added to the fees.
ARTICLE 6: COMMON RULES GOVERNING FEES
The fees agreed in the Quotation apply strictly to the Services defined in the Quotation.If necessary, JABERSON may send the Client a detailed list of the time spent.
In the event that the fixed fee provided for in the Quotation is exceeded, the Services carried out within the framework of the assignment requested by the Client will be invoiced in accordance with the hourly rate mentioned in the Quotation or, failing this, at JABERSON's average hourly rate (280 € H / hour).
Any new Services requested by the Client will be the subject of an additional Quotation, or in accordance with the Quotation, may be invoiced on the basis of the fixed hourly rate indicated in the Quotation.
Fees and expenses, plus VAT, are payable according to the deadlines indicated in the Quotation and invoices, and failing this, thirty days from receipt of the invoice.
If payment is not received within this deadline, JABERSON may suspend the performance of its Services until full payment has been received.
In addition, any sum not paid within the thirty-day period shall bear interest at the rate applied by the European Central Bank to its most recent refinancing operation plus ten (10) percentage points, as well as the application of a fixed indemnity for collection costs of €40 per unpaid invoice, in accordance with article D. 441-5 of the French Commercial Code.
ARTICLE 7: COMPLETION OF THE ASSIGNMENT
7.1. The Contract is terminated by the completion of JABERSON's Services and the payment of the sums remaining due by the Client.
7.2. In the event of a dispute between JABERSON and the Client during the performance of the Contract, the Parties may terminate it by mutual agreement.
7.3. In the event that JABERSON is relinquished during the course of the assignment and there remains a dispute as to the amount of the fees that remain due to it, JABERSON and the Client agree to refer the matter to the President of the Marseilles Bar Association, who will decide on the amount of the sum that the Client must provisionally deposit during the fee arbitration procedure.
7.3.1. If a fee for results has been agreed, a distinction must be made between :
(i) the case in which JABERSON is definitively entitled to the entire fee in the event of a successful outcome to the proceedings, even after its withdrawal from the case, provided that the result has been obtained thanks to the essential argumentation elaborated by JABERSON in legal documents or any other medium addressed to the Client or the opposing party; (ii) other cases in which the fee for results cannot be invoiced - the fee for time spent will apply, and the hourly rate will be that in force on the day the Quotation is signed.
7.3.2. If fees relating to: (i) a study and/or engineering mission; (ii) the implementation of the operations recommended in the said mission have been agreed, they shall be definitively acquired in full by JABERSON in the event of the implementation of JABERSON's recommendations, even after its withdrawal, provided that the implementation is carried out by a third party to JABERSON on the basis of the essential argumentation and recommendations drawn up by JABERSON in any material sent to the Client.
7.3.3. If, during the performance of the Services, the Client unilaterally decides to terminate the Contract, for whatever reason, JABERSON reserves the right to invoice the fees corresponding to the time spent up to the date of termination of the Contract, increased by thirty percent (30%) within the limit of the total amount provided for in the Quotation.
7.4. For Services for which payment is due upon completion of the transaction ("closing"), it is expressly agreed between the Parties that if the transaction is not ultimately completed, JABERSON will invoice the fees for the time spent plus fifteen percent (15%), within the limit of the amount set out in the Quotation.
The fees will be payable as soon as the official announcement is made that the transaction has not been completed.
ARTICLE 8: SETTLEMENT OF DISPUTES
In the event of any dispute relating to the interpretation, performance or termination of this Agreement, the most diligent Party may refer the matter to the President of the relevant Bar Association, in accordance with the legislation in force at the date of the dispute.
In accordance with the provisions of articles L. 612-1 et seq. of the French Consumer Code, the Client who is a consumer may have free recourse to the Consumer Mediator at the Conseil National des Barreaux (CNB), whose contact details are as follows:
CNB - Médiateur à la consommation
180 Boulevard Haussmann
75008 PARIS
mediateur@mediateur-consommation-avocat.fr
https://mediateur-consommation-avocat.fr
ARTICLE 9: PERSONAL DATA
The data collected in connection with the performance of the Contract is processed electronically in order to respond to Customer requests and, more generally, for the purposes of processing and monitoring files, invoicing and collection, and setting fees.
The data is also processed for JABERSON canvassing and marketing purposes.The data collected from the Client is not passed on to commercial or advertising parties.
The person responsible for processing personal data is JABERSON, domiciled at the above-mentioned address.
Data is kept only as long as is necessary for the purposes pursued, in accordance with the legal or regulatory requirements applicable to JABERSON.
Personal data is processed in JABERSON's "customer relations" management software, which is mentioned in the processing register.
For legitimate reasons, the Client may object to the processing of data concerning him or her.However, the Client 's attention is drawn to the fact that failure to provide any useful information may prevent JABERSON from processing the request or delay the processing thereof.
Any Client who is a natural person has a right to information, access, opposition, rectification, deletion, limitation of processing, deletion and a right to portability of the information concerning him/her that he/she communicates in the context of the performance of the Services.
These rights may be exercised by writing to the following address:
contact@jaberson-avocats.com