Conditions générales d’utilisation

Article 1: Definitions

“Publisher”: refers to Avoconseil, limited liability company with a share capital €116,250, registered with the Commercial Registry of ANGERS under number 790 169 957
“Site”: refers to this website, in particular accessible at the following addresses avoconseil.comand www.avoconseil.fr
“User”: any person who visits one or more pages of the Site.

Article 2: Purpose of the website

The Site Manager is a law firm (the Avoconseil company, also referred to as “the Firm”) whose areas of expertise are as follows:

Commercial, Business and Competition Law
Corporate Law
Employment law
Insurance Law
Family Law
Tax Law
Digital Law

The purpose of the present Website is to present the Firm, its team, its areas of expertise and its events. The Site also offers news on various legal topics.

Article 3: Scope, enforceability, and modification of the GTCU

The purpose of the present General Terms and Conditions of Use (hereafter “GTCU”) is to define the terms and conditions under which:

Avoconseil makes information and/or services available to Internet users on the present Site,
The User accesses the Website and uses its services.

Consequently, access to the Site and the use of the various functionalities offered therein imply the User’s acceptance of the present GTCU without any reservations.

The User therefore undertakes to carefully read the present GTCU when accessing the Site.

Avoconseil reserves the right to modify the GTCU at any time by publishing a new version of same on the Site. Such modifications will come into force as soon as they are available online on the Site and will therefore be actionable against any Internet user as from this moment in time.

The User is warned that the services provided by the Law Firm are governed by general terms and conditions of sale, which can be consulted on the Site and/or communicated to the User upon request.

Article 4: Disclaimer relating to the contents and information on the Site

The information offered via the Site is provided as is, without any guarantee of any kind and can in no way be assimilated to a personalized service offer or legal advice; consequently, it cannot replace a personalized legal opinion or a consultation with a qualified lawyer.

Despite the care taken in the creation of this Site and the verification of the accuracy of the information it contains, the information contained therein cannot engage the responsibility of its authors or that of Avoconseil. Indeed, Avoconseil is only held by a mere best-efforts obligation concerning the information it makes available to Users who access the Site.

As a result, Users who consult the information made available on the Site are responsible for any use that may be made of same. Users remain responsible to have the information thus consulted verified by an attorney of their choice, so as to assess whether the information thus collected is appropriate to their personal situation.

Article 5: Access to the Website

The Site is accessible 24 hours a day, 7 days a week, except in cases of force majeure or events that remain beyond Avoconseil’s control.

For maintenance reasons necessary to the proper functioning of the Site, Avoconseil may be required to interrupt access to all or part of the Site, to all or part of the Users, temporarily, without prior notice and without such interruption entitling Users to any compensation whatsoever.

In addition, Users acknowledge that the characteristics and constraints of the Internet network do not make it possible to guarantee the availability and proper functioning of the Site. Thus, AVOCONSEIL cannot guarantee that the Site will operate continuously without interruption or error.

Article 6: Use of contact forms

The User may contact Law Firm members through the various contact forms available on the Site.

The objectives of such inquiries are, among other things, the following:

A request for a meeting with a lawyer;
A request for information;
A request for a subscription to one or more newsletters published by Avoconseil.

Avoconseil will use all necessary means to respond to any contact request made by a User. Nevertheless, Avoconseil does not undertake in any way to:

Bring an answer;
Provide a response within a specified timeframe;
Acknowledge receipt of the User’s request.

In this context, Users expressly accept that the automatic registration systems implemented by Avoconseil be considered as proof of the nature, content, date and time of the information and documents they send to the Law Firm.

Article 7: User Obligations

Users guarantee that they will not use the Site for illicit and/or immoral purposes and undertake to comply with enforceable national and international laws and regulations.

In particular, Users shall refrain from publishing any contents that constitute counterfeit, that are contrary to morality, public order, the interests of third parties, obscene, pornographic, racist, violent, defamatory or disrespectful, or infringing the right to privacy of others.

Likewise, Users are prohibited from deleting or modifying data contained on the Site, or from fraudulently introducing data or even altering the operation of the Site. Users shall be vigilant as to not introduce viruses, malicious code, or any other harmful technology to the Site. Users also undertake not to use any device or software of any kind that would have the effect of disrupting the proper functioning of the Site.

Specifically, Users shall refrain from carrying out any operation aimed at saturating a page or any operation resulting in hindering or distorting the proper functioning of the Site. Users undertake not to take any action that would impose a disproportionate burden on the Site’s infrastructure.

Users undertake to take appropriate measures to ensure the security of their own data and/or software from contamination by viruses circulating on the Internet.

In addition, Users are not authorized to redistribute, rent, sell, disassemble, modify, decompile, recompile, adapt or reproduce any information contained on the Site in any manner whatsoever, in any form whatsoever, whether exploitable or not, without Avoconseil’s express consent.

Article 8: Accountability

Use of the Site is at Users’ own risk. It remains Users’ responsibility to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any breach.

Users remain solely liable for any material and/or immaterial and/or direct or indirect damage of any nature whatsoever that they may cause as a result of non-compliant use of the Site.

Under no circumstances shall the Law Firm Avoconseil be held liable for any material and/or immaterial and/or direct or indirect damage of any nature whatsoever caused by the use or inability to use the Site.

Likewise, Avoconseil cannot be held liable for any damage that may occur to Users’ computer systems and/or loss of data resulting from Users’ use of the Website.

Therefore, Users acknowledge that Avoconseil cannot be held liable for any damage resulting from their own actions and/or those of a third party and/or a case of force majeure as well as consequential damages.

Furthermore, Avoconseil does not make any express, implied, legal, or other warranties, including but not limited to:

The content of the information provided on the Site;
Consequences in case of interruption or failure of the internet network and/or internet access services;
The virus-free nature of the Site;
Errors, modifications, or inaccuracies that the Site may contain;
Consequences in case of Users’ non-compliance with applicable GTCU and Users’ negligence in the use of the Site;
The suitability or ability of the Site to meet Users’ expectations or particular needs.

Avoconseil’s Responsibility as Website Publisher

The information and/or documents appearing on and/or accessible through the Site come from sources considered as being reliable. However, such information and/or documents may contain technical inaccuracies and typographical errors.

Avoconseil reserves the right to correct them as soon as these errors are reported to the Law Firm. Similarly, the information and/or documents available on the Site may be modified at any time and may have been updated. In particular, the information may have been updated between the time such information is downloaded and the time the user becomes aware of same.

All information and documents available on this Website, can be used under the full and sole responsibility of Users, who assume all consequences that may result from same, without any liability being sought on the part of Avoconseil and without recourse against the latter.

Article 9: Intellectual Property

In accordance with the French Intellectual Property Code, all elements present on the Website (layout, images, texts, documents, logos, databases, programs, graphic charter, etc.), as well as the content written within the framework of online services (including the present Terms and Conditions of Use) are the full, complete and exclusive property of the Law Firm Avoconseil.

The Law Firm grants Site Users an authorization to view the editorial content on a personal and private basis, on their computers, excluding any public display or broadcast.

Any reproduction, representation, transmission, adaptation, extraction, republication or redistribution, in whole or in part, of any element or protected content of the Site, by any process whatsoever, without the express, prior and written authorization of its owner is prohibited, under penalty of prosecution.

Failure to comply with the above provisions is liable to constitute an infringement engaging the civil or criminal liability of the author of such counterfeit. In particular, under the terms of Article L.335-2 paragraph 2 of the French Intellectual Property Code, counterfeiting digital works published in France or abroad is a criminal offence punishable by three years’ imprisonment and a fine in the amount of EUR 300,000.

Article 10: Hyperlinks

The Site may contain hyperlinks to other sites available on the Internet. Links to such third-party resources will cause you to leave the Site (notably available at the following addresses avoconseil.com or www.avoconseil.fr).

It is forbidden to create a link to the Site’s pages without the Website Publisher’s express consent regarding same.

The Publisher reserves the right to request or proceed with the deletion of a link that he/she deems not in conformity with the purpose of the Site or not previously authorized.

Article 11: Partial invalidity

If one or more provisions of the GTCU are held to be invalid or considered invalid pursuant to a law, regulation or final decision of a court having jurisdiction over the matter, they shall be deemed unwritten and the other provisions shall remain in force.

Article 12: Language applicable to the GTCU

Only the French language version of the GTCU is authentic between the parties and may be produced in court.

Article 13: Choice of Jurisdiction and Venue

IN THE EVENT OF A DISPUTE, AND AFTER AN ATTEMPT TO SEARCH FOR AN AMICABLE SOLUTION, COMPETENCE WILL BE EXPRESSLY ATTRIBUTED TO THE COMMERCIAL COURT IN ANGERS, NOTWITHSTANDING THE PLURALITY OF DEFENDENTS OR THE INTRODUCTION OF THIRD PARTIES, OR URGENT OR PREVENTIVE MEASURES, BY APPLICATION FOR SUMMARY PROCEEDINGS OR BY PETITION.

AVOCONSEIL’S GENERAL CONDITIONS OF SERVICE – FIXED-RATE FEES No. 06-17 F

Assignments may be allocated to one or more of the firm’s lawyers or practitioners and/or to a correspondent permanently supervised by the Lawyer managing the case.

I – FEES

Basic Fees

Fees are set at a fixed and invariable amount. This fee-setting method means that the Lawyer does not have to evidence the time spent on the case. Should the working relationship be terminated before completion of the assignment, fees shall be payable on a pro rata basis in accordance with stage of completion of the assignment.

Results-based or supplementary technical fees

If agreed by the Client and Lawyer, such fees will be charged in addition to the basic fees.

They may be set at a fixed rate or as a percentage of the economic value of the case. The economic value shall be set as follows for judicial matters:

As claimant: Amounts actually obtained via court order or via out-of-court settlement (not including expenses);

As defendant: Difference between the amounts claimed from the Client by the claimant in the court petition or in the pleadings and the amounts definitively ordered by the court or otherwise after the intervention of the Lawyer in or out of court.

If monies are obtained but the grounds for payment are yet to become definitive, the amount corresponding to the results-based or supplementary technical fees, including VAT, may at the discretion of the Lawyer be lodged with CARPA awaiting the definitive outcome of the case.

Where, subsequent to the intervention of the Lawyer, neither a change in counsel prior to the definitive result nor the abandonment of court proceedings by the other party (accepted by the Client or otherwise) shall negate the Lawyer‘s right to receive the results-based or supplementary technical fees once the result has been achieved.

In the event of proceedings being abandoned, the fees shall apply to the claims initially presented by the other party in their petition to the court or in their pleadings.

Fees relating to urgent action

In certain cases, justifying a particular degree of urgency, fees may be increased to offset the specific disruption caused to the firm.

II – NON-FEE COSTS AND EXPENSES

The fees set out above do not include:

Costs associated with the ordering of documents, registers, databank enquiries, external consultations;
Tax stamps, hearing fees;
Mileage charges;
Transfer and registration fees, other taxes;
Expenses and disbursements relating to administrative and legal formalities;
Fees, emoluments, and costs of any correspondents (lawyers, notaries, bailiffs, etc.) or other external parties (accountants, auditors, etc.);
Court costs (court bailiff costs, lawyers’ and solicitors’ expense claims including hearing fees, etc.).

III – MODE OF PAYMENT

Invoicing and payment terms

Invoices shall be issued at the Lawyer‘s discretion following each significant intervention at each month end and/or on conclusion of the case.

Advances

The Lawyer may ask the Client to make advance payments against expenses, disbursements and/or fees.

In such circumstances, the Lawyer will only commence or continue service provision once the requested amounts have been paid.

Due date and default

Invoices shall become payable on receipt. In the event of payment being made after the due date, a penalty at the ECB rate (latest refinancing operation) plus 10 points may be applied with effect from the due date. Such interest shall only become due from the due date if notice has been issued to the Client and payment is not subsequently forthcoming. The costs of issuing payment reminders may also be invoiced.

In addition to the legal penalty of €40 that automatically becomes due for each unpaid invoice, a one-off penalty of 15% excluding VAT on the outstanding amount shall become payable by the Client for any collection by way of taxation. Such an irreducible penalty is justified by the fact that the collection of legal fees does not give rise to Article 700 compensation in first instance decisions.

In the event of payment default vis-à-vis any of the Client‘s cases, the Lawyer may suspend all interventions without having to notify the Client by letter.

CARPA fund debits

This agreement expressly authorizes the Lawyer to debit the fees set out above from any amounts held by CARPA, subject to the Client having been notified.

IV – MISCELLANEOUS AND IMPORTANT PROVISIONS

Any compensation obtained by way of irrecoverable costs (as defined under Article 700 of the French Code of Civil Procedure, or equivalent)

Should the Client receive an amount in respect of irrecoverable costs higher than the total agreed amount of fees (including any results or objective-based fees), the difference between the amount allotted to the Client and the amount of agreed fees shall be acquired by the Lawyer and be covered by a supplementary invoice. This amount shall be calculated on the basis of fees excluding VAT for clients able to deduct VAT, and inclusive of VAT for those not liable for VAT.

Limits of the Lawyer’s liability

The Lawyer is bound by the rules of liability that govern the profession in both civil and disciplinary terms.

In the interests of enabling the necessary collaboration between the Lawyer and Client, the latter undertakes to provide all of the information and documents concerning their case, wherever possible in writing, even if such information or documents do not appear to the Client to be of any importance. The Client must draw the attention of the Lawyer to any urgency in this regard if not necessarily evident from the information known to the Lawyer.

To enable the Lawyer to advise and effectively defend the Client, the latter must always and spontaneously state the objective they are pursuing or are intending to pursue. The Client must notify the Lawyer of their expectations. The Lawyer is bound by professional secrecy and nothing therefore prevents the Client from informing the Lawyer of their real intentions. Should the Client fail to comply with this obligation, the Lawyer will necessarily be obstructed in their work; their professional liability may therefore not be invoked in this regard. The Client therefore acknowledges that the Lawyer can neither guess their intentions nor lay out all the possible scenarios where they do not immediately relate to the Client’s expressed intentions.

The advice provided by the Lawyer considers the state of the law at the moment the advice is given and may only be applied in the future where events are readily foreseeable.

Regardless of the circumstances, the liability of the Lawyer shall be limited to their applicable level of insurance cover. The Lawyer will make their conditions of insurance available to the Client on request.

APPENDIX
APPENDIX TO AVOCONSEIL’S GENERAL CONDITIONS OF SERVICE No. 06-17 APPLICABLE TO CONSUMER CLIENTS

These provisions apply to all Clients of AVOCONSEIL classified as consumers, within the meaning of the introductory article of the Consumer Code, namely:

“Any natural person acting for purposes not falling within the scope of their commercial, industrial, artisanal, liberal professional or agricultural activities.”

They shall apply in addition to AVOCONSEIL’s general conditions of service no. 06-17 governing relations between AVOCONSEIL and the Client.

CONSUMER OMBUDSMAN

Should it not be possible to settle any dispute with AVOCONSEIL relating to the services provided by the latter within the framework of a preliminary complaint submitted to AVOCONSEIL, the Client is notified that they may refer the matter free of charge to the Médiateur de la consommation (Consumer Ombudsman) responsible for the legal profession. However, any legal fees or the costs of any other advice obtained by the Client for the purposes of such mediation shall be borne by the Client.

The Médiateur de la consommation for the legal profession at the Conseil National des Barreaux (National Bar Council) is:

Mr. Jérôme HERCÉ

Address: 22, Rue de Londres, 75009 PARIS

E-mail: mediateur@mediateur-consommation-avocat.fr

Website: https://mediateur-consommation-avocat.fr/saisir-le-mediateur/

The Client must previously have attempted to resolve their dispute directly with AVOCONSEIL by way of written complaint issued in accordance with any established procedure set out in the fee’s agreement.

The Client must submit their request to the Ombudsman within a maximum period of one year following their written complaint being submitted to AVOCONSEIL.

The matter must be referred to the Ombudsman by means of a written and detailed argument accompanied by documents supporting the request, issued by letter or via the electronic form available on the Ombudsman’s website. The client must provide their telephone or e-mail contact details.

OPPOSITION TO COLD CALLING:

Having provided their telephone number to AVOCONSEIL for the purposes of service provision by the latter, the Client is notified that they may register on the cold calling opposition list at www.bloctel.gouv.fr..

However, and apart from any exchanges it may have with the Client for the purposes of managing the case entrusted to it and for the advice falling within its scope of expertise, it is specified that AVOCONSEIL does not conduct cold calling, whether directly or via a service provider.

AVOCONSEIL’S GENERAL CONDITIONS OF SERVICE No. 06-17 FTP

Assignments may be allocated to one or more of the firm’s lawyers or practitioners and/or to a correspondent permanently supervised by the Lawyer managing the case.

I – FEES

Basic fees are charged at a fixed rate (A) or hourly rate (B). They may be supplemented by ‘results-based’ or ‘additional technical’ fees (C).

Fixed-rate basic fees

Hourly-rate basic fees

The time estimated on commencement of the case is always approximate and does not represent any commitment on the part of the Lawyer given the high number of potential contingencies.

These fees are in principle calculated in accordance with the actual time spent (1) although certain tasks are charged on a fixed-rate basis where actual time spent is not appropriate.

The following are notably charged on a fixed-rate basis: administrative processing of correspondence, certain sittings, days, and half-days. Where fixed-rate fees apply to a case charged in accordance with time spent, the actual time spent will not be charged.

The Client is also informed that multiple members of the firm may be called on to work on a given case, whereby time spent may be an aggregate figure.

Actual time spent and charged

Calculation using units of time

For charging purposes, an hour is divided into 10 units of time (hereafter “UTs”), each of 6 minutes. This is justified by the fact that it is not materially possible to calculate time spent to the exact second and by the fact that short (and frequently non-scheduled) interventions by members of the firm require the work being carried out at the time to be interrupted. The hourly rate takes into account this method of calculating time spent.

The UT is therefore calculated at one-tenth of the hourly rate of the person in question.

Each UT commenced is charged and is payable by the Client. This applies to all telephone conversations, for example.

Hourly rates charged

We distinguish between the time spent by partner lawyers, salaried lawyers, employees, legal practitioners, clerks, and legal assistants (frequently known as ‘secretaries’).

Travelling time is charged at the normal hourly rate.

The defined hourly rates excluding VAT may be increased if the firm’s general hourly rate applicable to all clients also increases. Such a change may not take place more than once a year.

Time spent calculated using fixed rates

Certain services are subject to a minimum charge. In principle such charges replace the time spent calculation:

2-1) Administration fixed rate for correspondence

Due to the growth in the number of e-mails and given that AVOCONSEIL processes, records and saves all e-mails, all correspondence received and sent electronically or by post or fax automatically generate the above fixed-rate charges to cover administration costs.

Please note: correspondence requiring specific action, whether due to legal content or volume (attachments, enclosures, etc.), shall give rise, in addition to the administration fixed rate, to a charge corresponding to the time actually spent by the sender.

2-2) Other possible fixed-rate charges

The parties may agree to a fixed-rate charge for particular activities, which can be decided after the commencement of the assignment. Such activities include:

Fixed fees for sittings

Sittings are one-off and specifically identified assignments charged at a fixed rate.

Half-day rate

If the consecutive time spent (travel, waiting time, hearing, meeting, etc.) exceeds 2 hours 30 minutes and is below 5 hours 30 minutes, the fixed half-day rate will be charged. The use of such a fixed charge is justified by the fact that a service activity exceeding 2 hours 30 minutes requires a level of energy expenditure that prevents any remaining time being used for another purpose.

Day rate

If the time spent (travel, waiting time and hearing) exceeds 5 hours 30 minutes but is less than 9 hours 30 minutes, the day rate will be charged. If the day exceeds 9 hours 30 minutes in succession the day rate will no longer apply, and time will be charged in accordance with the actual time spent at the applicable hourly rate. There is no night or weekend rate.

If the hearing, advisory service, or meeting requires travel on the preceding and/or following day, the half-day or day rate will apply on as many occasions as applicable to the circumstances.

Results-based or supplementary technical fees

If agreed by the Client and Lawyer, such fees will be charged in addition to the basic fees.

They may be set at a fixed rate or as a percentage of the economic value of the case. The economic value shall be set as follows for judicial matters:

As claimant: Amounts actually obtained via court order or via out-of-court settlement (not including expenses);

As defendant: Difference between the amounts claimed from the Client by the claimant in the court petition or in the pleadings and the amounts definitively ordered by the court or otherwise after the intervention of the Lawyer in or out of court.

In the event of proceedings being abandoned, the fees shall apply to the claims initially presented by the other party in their petition to the court or in their pleadings.

Fees relating to urgent action

In certain cases of particular urgency, fees may be increased to offset the specific disruption caused to the firm.

II – NON-FEE COSTS AND EXPENSES

The fees set out above do not include:

Costs associated with the ordering of documents, registers, databank enquiries, external consultations;
Tax stamps, hearing fees;
Mileage charges;
Transfer and registration fees, other taxes;
Expenses and disbursements relating to administrative and legal formalities;
Fees, emoluments, and costs of any correspondents (lawyers, notaries, bailiffs, etc.) or other external parties (accountants, auditors, etc.);
Court costs (court bailiff costs, lawyers’ and solicitors’ expense claims including hearing fees, etc.).

III – MODE OF PAYMENT

Invoicing and payment terms

Invoices shall be issued at the Lawyer‘s discretion following each significant intervention at each month end and/or on conclusion of the case.

Advances

The Lawyer may ask the Client to make advance payments against expenses, disbursements and/or fees.

In such circumstances, the Lawyer will only commence or continue service provision once the requested amounts have been paid.

Due date and default

In the event of payment default vis-à-vis any of the Client‘s cases, the Lawyer may suspend all interventions without having to notify the Client by letter.

CARPA fund debits

This agreement expressly authorizes the Lawyer to debit the fees set out above from any amounts held by CARPA, subject to the Client having been notified.

IV – MISCELLANEOUS AND IMPORTANT PROVISIONS

Any compensation obtained by way of irrecoverable costs (as defined under Article 700 of the French Code of Civil Procedure, or equivalent)

Limits of the Lawyer’s liability

The Lawyer is bound by the rules of liability that govern the profession in both civil and disciplinary terms.

In order to enable the Lawyer to advise and effectively defend the Client, the latter must always and spontaneously state the objective they are pursuing or are intending to pursue. The Client must notify the Lawyer of their expectations. The Lawyer is bound by professional secrecy and nothing therefore prevents the Client from informing the Lawyer of their real intentions. Should the Client fail to comply with this obligation, the Lawyer will necessarily be obstructed in their work; their professional liability may therefore not be invoked in this regard. The Client therefore acknowledges that the Lawyer can neither guess their intentions nor lay out all of the possible scenarios where they do not immediately relate to the Client’s expressed intentions.

The advice provided by the Lawyer takes into account the state of the law at the moment the advice is given and may only be applied in the future where events are readily foreseeable.

Under the terms of Article 2254(1) of the Civil Code, it is agreed that the Lawyer’s liability may not be invoked more than 18 months after the detection of the prejudice and more than 24 months after occurrence of the harmful event, whereby the shortest of these two periods shall prevail. Regardless of the circumstances, the liability of the Lawyer shall be limited to their applicable level of insurance cover. The Lawyer will make their conditions of insurance available to the Client on request.

APPENDIX
APPENDIX TO AVOCONSEIL’S GENERAL CONDITIONS OF SERVICE No. 06-17 APPLICABLE TO CONSUMER CLIENTS

These provisions apply to all Clients of AVOCONSEIL classified as consumers, within the meaning of the introductory article of the Consumer Code, namely:

“Any natural person acting for purposes not falling within the scope of their commercial, industrial, artisanal, liberal professional or agricultural activities.”

They shall apply in addition to AVOCONSEIL’s general conditions of service no. 10-15 governing relations between AVOCONSEIL and the Client.

CONSUMER OMBUDSMAN

The Médiateur de la consommation for the legal profession at the Conseil National des Barreaux (National Bar Council) is:

Mr. Jérôme HERCÉ

Address: 22, Rue de Londres, 75009 PARIS

E-mail: mediateur@mediateur-consommation-avocat.fr

Website: https://mediateur-consommation-avocat.fr/saisir-le-mediateur/

The Client must submit their request to the Ombudsman within a maximum period of one year following their written complaint being submitted to AVOCONSEIL.

OPPOSITION TO COLD CALLING: