GENERAL CONDITIONS OF SALE
ARTICLE 1 - Scope of application
The present General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply, without restriction or reservation, to any purchase of the following services:
- Secure conservation of personal, patrimonial, administrative and contractual data for transmission to heirs after death,
as offered by the Service Provider to non-professional customers ("Customers" or "Client") on the https://app.legapass.com. They constitute a contract between the Provider and the Customer.
The main characteristics of the services are presented on the website https://legapass.com.
The Customer is required to read them before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer.
These GTC are accessible at any time on the site https://legapass.com and shall prevail over any other document.
The Customer declares to have read the present GTC and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure of the site https://app.legapass.com.
Unless proven otherwise, the data recorded in the Provider's computer system constitutes proof of all transactions concluded with the Customer.
The Provider reserves the right to change the websites at any time https://legapass.com and https://app.legapass.com as well as the present General Terms and Conditions of Sale, or to modify or complete them by new complementary contractual conditions. The Customer will be informed by any means of any modification of the present GTC.
The contact details of the Provider are as follows:
Share capital of 1000 euros
Registered at the RCS of Nice, under the number 904291689
4 Cluvier Street, Les bleuets
mail : email@example.com
Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Customer.
ARTICLE 2 - Prices
The Services are provided at the rates in effect on the website https://legapass.com, at the time the order is placed by the Provider.
The prices are expressed in Euros, HT and TTC.
The rates take into account any discounts that may be granted by the Provider on the website https://legapass.com.
These prices are firm and non-revisable during their period of validity but the Provider reserves the right, outside of the period of validity, to modify the prices at any time.
The prices of the "free" offer do not include the processing and transmission costs, which will be invoiced in addition to the heirs, should they wish to obtain the contents of the Legapass safe deposit box.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is issued by the Provider and given to the Customer upon provision of the ordered Services.
ARTICLE 3 - Registration to the service and subscription
To access the Service, the Customer must create an Account, fill in the requested information and eventually subscribe to a Subscription.
Some features of the Service are only available with a paid access package.
Accounts are strictly personal, a Customer cannot create an Account for a third party.
Customer agrees to provide complete and accurate information and to keep it up to date.
The sale will be considered valid only after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to report any errors immediately.
Any order placed on the website https://legapass.com constitutes the formation of a contract concluded at a distance between the Customer and the Provider.
The Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.
The Customer will be able to follow the evolution of his order on the site.
The placing of an order on the site https://legapass.com implies the conclusion of a contract of a minimum duration of 12 months renewable for the same duration by tacit renewal.
Under the terms of Article L 215 -1 of the Consumer Code, reproduced below:
"For contracts for the provision of services concluded for a fixed term with a tacit renewal clause, the professional providing the services shall inform the consumer in writing, by letter or dedicated e-mail, no earlier than three months and no later than one month before the end of the period authorising the rejection of the renewal, of the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information, delivered in clear and understandable terms, shall mention, in an apparent box, the deadline for non-renewal.
Where this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time after the renewal date.
Advances made after the last renewal date or, in the case of open-ended contracts, after the date of transformation of the initial fixed-term contract, shall in this case be reimbursed within thirty days from the date of termination, less the sums corresponding, until that date, to the performance of the contract. The provisions of this article apply without prejudice to those which by law subject certain contracts to special rules as regards consumer information."
Article L215-2 of the Consumer Code excludes the application of art L215-1 to the operators of drinking water and sanitation services, on the other hand, article L215-3 of the Consumer Code states that these rules are applicable to contracts concluded between professionals and non-professionals.
The article L241-3 of the Code of consumption sanctions the professional who would not have proceeded to the refunds under the conditions envisaged in the article L 215-1 of the Code of consumption".
The General Terms and Conditions of Sale are applicable for the duration of the Customer's subscription to the Service, unless terminated by one of the Parties to the Contract.
ARTICLE 4 - Terms of payment
The price is paid by secure payment, according to the following methods:
- payment by credit card
The price is payable in cash by the Customer, in full on the day the order is placed.
The payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider (https://stripe.com/) involved in the banking transactions made on the site https://app.legapass.com.
Payments made by the Customer shall be considered final only after the Service Provider has collected the amounts due.
The Service Provider shall not be obligated to provide the Services ordered by the Customer if the Customer does not pay the Service Provider the full price in accordance with the above conditions.
ARTICLE 5 - Provision of Services
The Services ordered by the Customer will be provided as follows:
- reference a user's digital accounts
- to express advance directives on the future of his or her digital data
- to transmit the information and data kept by Legapass for posthumous transmission
The Legapass Service can be accessed at https://app.legapass.com.
The said Services will be provided immediately after the final validation of the Customer's order, under the conditions provided for in these GTC, at the address indicated by the Customer at the time of his order on the website https://app.legapass.com.
The Provider undertakes to use its best efforts to provide the Services ordered by the Customer, within the framework of an obligation of means and within the time limits specified above.
In the event of a special request from the Customer concerning the conditions of provision of the Services, duly accepted in writing by the Service Provider, the related costs will be subject to a specific additional invoice.
In the absence of reservations or claims expressly made by the Customer upon receipt of the Services, the latter shall be deemed to be in conformity with the order, in quantity and quality.
The Service Provider shall promptly refund or rectify at its own expense any Services that are proven to be non-compliant by the Customer.
ARTICLE 6 - Right of withdrawal
In accordance with Article L221-23 of the French Consumer Code, the Customer has a period of fourteen (14) days from the initial subscription to the Service to exercise his right of withdrawal by informing the Service Provider of his decision by sending an unambiguous statement expressing his desire to withdraw to the following address firstname.lastname@example.org.
ARTICLE 7 - Liability of the Provider - Guarantees
The Service Provider warrants, in accordance with legal provisions and without additional payment, the Customer against any lack of conformity or latent defect, resulting from a design or manufacturing defect of the ordered Services under the following conditions and terms:
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
"The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility."
Article L217-5 of the Consumer Code
"The property conforms to the contract:
(1) Whether it is fit for the purpose ordinarily expected of similar property and, if so :
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the Consumer Code
"The action resulting from the lack of conformity is prescribed by two years as from the delivery of the good."
Article L217-16 of the Consumer Code.
"When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention.
In order to assert its rights, the Customer shall inform the Service Provider, in writing (e-mail or letter), of the existence of defects or lack of conformity.
The Provider shall refund or rectify or have rectified (to the extent possible) the services found to be defective as soon as possible and no later than 14 days following the Provider's finding of the defect or fault. This refund may be made by bank transfer or check.
The Provider's warranty is limited to the reimbursement of the Services actually paid by the Customer.
The Service Provider shall not be held responsible or liable for any delay or non-performance resulting from the occurrence of a force majeure event usually recognized by French case law.
The Services provided through the website https://app.legapass.com of the Provider are in accordance with the regulations in force in France. The Provider shall not be held responsible for any failure to comply with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for the choice of the requested Services, to check.
ARTICLE 8 - Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of the Services and their realization and delivery, as well as for their transmission to third parties involved in the realization of the Services. This personal data is collected only for the execution of the service contract.
8.1 Collection of personal data
The personal data that are collected on the site https://legapass.com are the following:
Opening an account
When creating a customer/user account:
name, first name, e-mail address, date of birth, nationality.
Within the framework of the payment of the Services proposed on the site https://app.legapass.com, this one records financial data relating to the bank account or the credit card of the Customer / user.
8.2 Recipients of personal data
Personal data is used by the Provider and its co-contractors for the execution of the contract and to ensure the efficiency of the service provision, its realization and delivery.
The category(ies) of co-contractor(s) is (are):
- Payment institution providers
- The bailiff in the context of the verification of the process of transmission of data to the heirs
The data controller is the Provider, within the meaning of the French Data Protection Act and as of May 25, 2018 of Regulation 2016/679 on the protection of personal data.
The Data Protection Officer is :
8.3 limitation of processing
Unless the Customer expressly agrees, his personal data will not be used for advertising or marketing purposes.
8.4 Data retention period
The Provider shall keep the data thus collected for a period of 5 years, covering the time of the limitation period of the applicable contractual civil liability.
8.5 Security and Privacy
The Service Provider implements organizational, technical, software and physical digital security measures to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Service Provider makes every effort to ensure the security of the transmission or storage of information on the Internet.
8.6 Enforcement of Client and User Rights
In application of the regulations applicable to personal data, customers and users of the site https://app.legapass.com have the following rights:
- They can update or delete their data in the following ways:
by sending a request to email@example.com.
- They can delete their account by writing to the email address indicated in article 9.3 "Data controller".
- They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data controller".
- If the personal data held by the Provider are inaccurate, they can request the update of the information by writing to the address indicated in Article 9.3 "Data controller".
- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Data controller".
- They may also request the portability of data held by the Provider to another provider
- Finally, they may object to the processing of their data by the Provider
These rights, as long as they are not opposed to the purpose of the treatment, can be exercised by sending a request by mail or by E-mail to the person in charge of treatment whose coordinates are indicated above.
The data controller must provide a response within a maximum of one month.
In case of refusal to grant the Customer's request, reasons must be given.
The Customer is informed that in the event of refusal, he/she may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to check a box under which he agrees to receive informative and advertising emails from the Provider. The Customer will always have the possibility to withdraw his consent at any time by contacting the Provider (contact details above) or by following the unsubscribe link.
ARTICLE 9 - Intellectual Property
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
ARTICLE 10 - Applicable Law - Language
The present GTC and the operations which result from it are governed and subjected to the French law.
The present GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 11 - Disputes
For any complaint, please contact the customer service at the postal or e-mail address of the Provider indicated in ARTICLE 1 of these GTC.
The Customer is informed that he can in any case resort to a conventional mediation, with the existing sectorial mediation authorities or to any alternative mode of settlement of the disputes (conciliation, for example) in case of dispute.
As a consumer, the Customer has the possibility to use the Online Dispute Resolution (ODR) platform of the European Commission by using the following link: http://ec.europa.eu/consumers/odr
The law applicable to these General Conditions, both for their interpretation and their execution, is French law.