Last update date: December 2021
Article 1 - LEGAL INFORMATION
This site, accessible at the URL https://legapass.com/ (the "Site"), is published by :
LEGAPASS, a simplified joint stock company with a capital of 1000 euros, registered in the R.C.S. of Nice under the number B 904 291 689, whose head office is located at 4 rue Cluvier 06000 NICE, represented by CHEMIN Jean-Charles, duly authorized President,
(hereinafter referred to as the "Operator").
The individual VAT number of the Operator is FR31904291689.
The Site is hosted by the company Clever Cloud SAS, located 3 rue de l'Allier 44000 NANTES
Contact : 02 85 52 07 69 - email@example.com
The Director of the publication of the Site is CHEMIN Jean-Charles, President.
The Operator can be reached at the following email address: firstname.lastname@example.org
Article 2 - GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS OF USE
The "General Sales Conditions" (or the "GSC") are applicable exclusively to the online sale of services offered by the Operator on the Site.
The CGV are opposable to the Customer who recognizes, by notching a box envisaged for this purpose, to have had knowledge of them and to have accepted them before placing order. The validation of the order by its confirmation is worth adhesion by the purchaser to the CGV in force at the day of the order whose conservation and the reproduction are ensured by the Operator.
Article 3 - DESCRIPTION OF SERVICES
The Site is an online sales site for services that allow for the secure archiving, through encryption techniques as well as offline storage, of sensitive digital data entrusted by users in order to be transmitted to their heirs after their death, (hereinafter the "Service(s)").
The Services presented on the Site are each the subject of a description mentioning their essential characteristics. The photographs illustrating the Services do not constitute a contractual document. The Services comply with the requirements of French law in force.
The Customer remains responsible for the methods and consequences of his access to the Site, and acknowledges having verified that the computer configuration he uses is secure and in working order.
Article 4 - CREATION OF THE CUSTOMER AREA
When placing an order, the Customer creates a personal customer area. It is up to the Customer not to communicate his login and password. Each Customer commits himself to keep a strict confidentiality on the data, in particular identifier and password, allowing him to reach his customer space. Each Customer also undertakes to inform the Operator without delay in the event of loss, misappropriation or fraudulent use of his identifier and/or password.
After the creation of his personal customer area, the Customer will receive an email confirming the creation of his customer area.
The Customer agrees at the time of registration to :
- to provide real, accurate, and up-to-date information at the time of entry into the Service's registration form, and in particular not to use false names or addresses, or unauthorized names or addresses;
- Maintain registration data to ensure that it is real, accurate and up-to-date at all times.
The Customer also undertakes not to make available or distribute any illicit or reprehensible information (such as defamatory information or information constituting identity theft) or harmful information (such as viruses). In the contrary case, the Operator will be able to suspend or terminate the Customer's access to the Site at his exclusive fault.
Article 5 - ORDERS
The Customer undertakes to read the current General Terms and Conditions before accepting them and confirming the terms of his order. The confirmation of the order implies acceptance of the GTC and forms the contract.
The archiving of communications and invoices is ensured by the Operator on a reliable and durable support so as to constitute a faithful and durable copy. These communications and invoices can be produced as proof of the contract. Except contrary proof, the data recorded by the Operator on Internet or by telephone constitute the proof of the whole of the transactions passed between the Operator and its Customers.
The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that:
● The Customer would not respect the General Conditions in force at the time of his order;
● Customer's order history shows that there are outstanding amounts from previous orders;
● One of the Customer's previous orders is the subject of a dispute being processed;
● The Customer has not responded to a request for confirmation of its order sent to it by the Operator.
The information communicated by the Customer at the time of the placing of the order engages this one. Thus, the responsibility of the Operator could in no way be sought for this reason.
The Customer declares that he has full legal capacity to commit himself under these General Conditions.
Registration is open to adults with legal capacity. Under no circumstances is registration authorized on behalf of third parties unless the person is legally entitled to represent them. Registration is strictly personal to each Client.
In the event of a breach by the Customer of any of the provisions hereof, the Operator reserves the right to terminate the Customer's account without notice.
Article 6 - PAYMENT TERMS AND SECURITY
The Operator uses the online payment solution Stripe.
The payment is made directly on the secure bank servers of the Operator's bank, the Customer's bank details do not pass through the Site. The banking coordinates communicated during the payment are protected by a process of encoding SSL (Secure Socket Layer). In this way, these details are not accessible to third parties.
The Customer's order is recorded and validated upon acceptance of payment by the bank. The impossibility of debiting the amounts due will result in the immediate nullity of the sale.
Where applicable, the order validated by the Customer will only be considered effective when the secure bank payment center has given its approval on the transaction.
Within the framework of the control procedures, the Operator may have to ask the Customer for all the documents necessary to finalize his order. These documents will not be used for any other purpose.
Article 7 - PAYMENT OF THE PRICE
The price of the Services in force at the time of the order is indicated in euros including all taxes (TTC) on the Site.
The price is payable in full after confirmation of the order. The prices offered include any discounts and rebates that the Operator may grant.
The total amount due by the Customer and its details are indicated on the order confirmation page.
Article 8 - RIGHT OF WITHDRAWAL
The Customer will benefit from a withdrawal period of fourteen (14) calendar days from the conclusion of the contract, in accordance with Article L. 221-19 of the Consumer Code.
In accordance with Article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of Articles L. 221-18 et seq. of the Consumer Code, the Customer is invited to complete the standard withdrawal form by clicking on the link below [Link to the withdrawal form].
The Operator will send an acknowledgement of receipt of the Customer's withdrawal request by e-mail.
If necessary, the Customer may exercise his right of withdrawal by notifying the following information to the Operator:
- name, geographic address, telephone number and e-mail address;
- decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail as long as these details are available and therefore appear on the standard withdrawal form).
The exceptions of the article L.221-28 of the Code of the Consumption apply and make obstacle to the exercise of the right of retraction. This concerns the following hypotheses:
- In the case of the supply of services fully performed before the end of the withdrawal period and whose performance has begun after prior express agreement of the consumer and express waiver of his right of withdrawal ;
- In the case of the supply of digital content not provided on a physical medium whose performance has begun after prior express consent of the consumer and express waiver of his right of withdrawal.
The Operator will reimburse the Customer the amounts due within fourteen (14) days from the receipt of all the elements allowing to implement the reimbursement of the Customer. This refund can be made by the same means of payment as the one used for the Customer.
By accepting the present General Conditions, the Customer expressly acknowledges having been informed of the terms of withdrawal.
Article 9 - CUSTOMER SERVICE
The Customer can contact the Operator by email at email@example.com indicating his name, telephone number, the subject of his request and the number of the order concerned.
Article 10 - INTELLECTUAL PROPERTY AND LICENSE OF USE
The Operator is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, images animated or not, photographs, videos, logos, drawings, models, software, trademarks, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the "Elements") which are protected by French and international laws and regulations relating in particular to the intellectual property.
Consequently, none of the Elements of the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or not, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the prior express written authorization of the Operator on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and/or exploitation.
Furthermore, it is specified that the Operator is not the owner of the content created by the Clients, for which the latter remain entirely responsible and guarantee the Company against any recourse in this respect.
The Operator reserves the right to take legal action against any person who does not comply with the prohibitions contained in this article.
ARTICLE 11 - LIABILITY AND WARRANTY
The Operator cannot be held responsible for the non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or due to the unforeseeable and insurmountable fact of any third party to the present.
The Operator cannot be held responsible for the information imported, stored by the Customers, and in particular for the direct or indirect damage that they could cause to a third party, the Customer remaining solely responsible in this respect.
The Customer acknowledges that the characteristics and constraints of the Internet do not allow the security, availability and integrity of data transmissions on the Internet to be guaranteed. Thus, the Operator does not guarantee that the Site and its services will function without interruption or operating error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change the content and/or presentation.
The Operator cannot be held responsible for the use which would be made of the Site and its services by the Customers in violation of the present General Conditions and for the direct or indirect damage which this use could cause to a Customer or to a third party. In particular, the Operator cannot be held responsible for false declarations made by a Customer and for his behavior towards third parties.
The Customer is solely responsible for all the contents he adds to his account, of which he expressly declares to have all the rights, and guarantees in this respect to the Operator that he does not use the Services in order to store contents violating third party rights, in particular intellectual property rights, or constituting an attack on people (in particular defamation, insults, insults, etc..), to the respect of private life, an infringement of public order and morality (in particular, apology for crimes against humanity, incitement to racial hatred, child pornography, etc.). In the event of infringement of the laws in force, of good morals or of the present General Conditions, the Operator may automatically exclude Customers who are guilty of such infringements.
In the event that the responsibility of the Operator is sought because of a violation of these conditions by the Customer, the latter undertakes to guarantee the Operator against any condemnation pronounced against him as well as to reimburse the Operator for all the expenses, in particular the lawyers' fees, incurred for his defense.
ARTICLE 12 - PERSONAL DATA
Each Customer is solely responsible for maintaining the confidentiality of his or her login and password, and is solely responsible for all accesses to his or her Customer Account, whether or not authorized.
The Operator cannot be held responsible for any action or damaging fact carried out via the personal space of the Customer by a third party who would have had access to its identifiers and password following a fault or a negligence being ascribable to the Customer. The Customer undertakes to inform the Operator immediately when the Customer has knowledge or suspects an unauthorized use or an unauthorized access to his personal space.
ARTICLE 13 - GENERAL PROVISIONS
ENTIRETY OF THE PARTIES' AGREEMENT
These General Conditions constitute a contract governing the relationship between the Client and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their object. If one or several stipulations of the present General Conditions were declared null and void in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their scope. In addition, the fact that one of the parties to these General Conditions does not take advantage of a breach by the other party of any of the provisions of these General Conditions shall not be interpreted as a waiver on its part to take advantage of such a breach in the future.
CHANGES IN CONDITIONS
The Operator reserves the right to modify at any time and without notice the content of the Site or the services available on it, and/or to cease temporarily or permanently to operate all or part of the Site.
CLAIM - MEDIATION
In the event of a dispute, you must first contact the company's customer service department at the following address: firstname.lastname@example.org
In case of failure of the request of complaint to the customer service or in the absence of answer of this service within ten (10) days, the Customer can submit the dispute relating to the purchase order or to the present GCS opposing him to the Operator to the following mediator: https://ec.europa.eu/consumers/odr/
The mediator will attempt, in complete independence and impartiality, to bring the parties together in order to reach an amicable solution. The parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
These Terms and Conditions shall be governed by, construed and enforced in accordance with French law.