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Ogólne warunki sprzedaży i użytkowania

Ogólne warunki sprzedaży i użytkowania - Wonder.Legal

PREAMBLE

This website, Wonder.Legal (hereinafter "the WEBSITE"), provides users with the service of an automatic writing system for documents which may be sold individually or through a subscription on the WEBSITE, depending on the country for which the USER is requesting the documents. The WEBSITE may also provide an optional service of putting users in touch with lawyers available only to residents of the nation of France. The services of the WEBSITE will hereinafter collectively be referred to as "SERVICES."

The following provisions define the contractual rights and obligations of the operator of the WEBSITE, SASU MIRACLE ("MIRACLE"), and the USERS (as hereinafter defined) of the WEBSITE. USER or USERS shall be defined as all individuals that access the WEBSITE, whether by surfing, reading, viewing, using, and/or purchasing the documents and/or subscribing to the services offered on the WEBSITE. The home page of the WEBSITE is located at the following URL: www.wonder.legal.

Using the SERVICES of the WEBSITE constitutes full acceptance of these Terms And Conditions.

In case of any doubt regarding any of these Terms And Conditions, USER hereby acknowledges that the French Consumer Code and the customs in force in the French e-commerce industry apply.

The company, MIRACLE, and the WEBSITE, Wonder.Legal, do not provide any legal advice.

The design of the documents on the WEBSITE is entirely automated and is not the result of any work of writing, editing or modification by the director or the employees of the company MIRACLE, the company's partners or any other person.

ARTICLE 1 - ACCESS, NAVIGATION AND CONTACT

Any access, use, subscriptions and/or purchases on the WEBSITE are available only for legal entities and natural persons of full age and capacity.

MIRACLE reserves the right to request proof of age from the USER.

MIRACLE may, at any time, at its sole and exclusive discretion, suspend, limit or discontinue the WEBSITE in order to update it or change its content.

The USER hereby agrees to use the WEBSITE solely for personal use and, in any event, not to use the WEBSITE, the SERVICES or the content of the WEBSITE for any illegal purpose, commercial purpose, advertising or spam.

For any questions or information about the products presented on the WEBSITE or the WEBSITE itself, or to report illegal content or activities, the USER may send an email to: contact@wonder.legal, or send a registered letter with return receipt requested to: MIRACLE - Customer Service Wonder.Legal - 28 rue du Chemin Vert - 75011 PARIS - FRANCE, or send a message through the contact form (this is the preferred means of contact).

ARTICLE 2 - LIABILITY

MIRACLE's sole and exclusive responsibility shall be in the specific content MIRACLE provides to USER through the WEBSITE and SERVICES. Any inaccurate, incomplete, or otherwise incorrect information added by the USER or incorrect usage of the WEBSITE and SERVICES (including, but not limited to, incorrect usage of documents purchased on the WEBSITE) shall be the exclusive responsibility of the USER, with no liability on the part of MIRACLE.

MIRACLE shall not be liable in the following cases:

• Technical or computer failure. The WEBSITE's incompatibility with any hardware or software shall not trigger any liability on the part of MIRACLE.

• Direct or indirect, material or consequential, foreseeable or unforeseeable damage to the USER arising from the use or difficulty to use the WEBSITE or its SERVICES.

• The circulation of any inaccurate, non-secure or unreliable information on the Internet.

• Illegal use of the WEBSITE, without MIRACLE having been duly aware, within the meaning of the French law No. 2004-575 of 21 June 2004 on Confidence in the Digital Economy and the French Law No. 78-17 of 6 January 1978 on the protection of individuals with regard to processing of personal data.

MIRACLE does not guarantee the effectiveness, completeness, accuracy, result and/or effectiveness of the documents that the USER may create on the website.

MIRACLE shall not be held liable for any error, omission or inaccuracy of the proposed templates and any damage suffered by the USER who has created a document on the website.

The USER is responsible for:

• Protecting its equipment and data;

• The use made of the WEBSITE or SERVICES;

• Any breach of these Terms And Conditions.

The USER specifically acknowledges that USER bears the entire responsibility for the selection, use, interpretation and personalization of the document USER has created using the service provided by the WEBSITE.

The USER acknowledges that the WEBSITE does not provide any legal advice and is not a law firm and therefore that the use of the WEBSITE cannot be considered a legal opinion or replace one.

Therefore, for any legal matter, the USER must contact competent legal professionals, who are duly authorized by the law in their respective jurisdictions to conduct legal consulting.

ARTICLE 3 - INTELLECTUAL PROPERTY

All of the WEBSITE's elements (including ergonomics, texts, graphs, images, sounds, videos, programming elements, database - this list shall not be considered exhaustive), together or separately, are the exclusive property of MIRACLE, protected pursuant to the moral and patrimonial rights belonging to their author(s) under the provisions of Articles L. 111-1 and following of the Code of Intellectual Property.

Access to the WEBSITE does not represent the recognition of a right, and does not confer any rights, including any intellectual property rights relating to any of the elements of the WEBSITE, which remain MIRACLE's exclusive property.

Any representation, reproduction, adaptation or partial or total exploitation of the contents, trademarks, and services provided by the WEBSITE by any means whatsoever without the prior express and written consent of MIRACLE is strictly prohibited and may constitute a counterfeiting infringement under the Articles L.335-2 and following of the Code of Intellectual Property.

The USER is forbidden to enter data on the WEBSITE that would likely alter its content or appearance.

ARTICLE 4 - SUBSCRIPTION

USERS in certain countries may have the option to access the SERVICES by using a subscription in order to benefit from unlimited access to the catalog of templates and to create documents for the duration of the subscription. USERS in France may also utilize the subscription service to benefit from a preferential rate when contacting a lawyer.

If subscription service is not provided in the country for which you are requesting documents, the terms in this provision are not relevant.

This subscription is completed by creating an account and filling out a subscription form, in which the USER must choose a valid method of payment.

The frequency of the subscription is selected by the USER according to the options offered by the WEBSITE.

The subscription to the WEBSITE is automatically renewed before the end of each subscription period until termination. The USER may receive a free trial period if the WEBSITE offers one. After this trial period, the USER is automatically debited the amount specified on the WEBSITE. This amount may vary.

The USER also has the option to terminate the subscription at any time. In case of termination during the trial period, if one is offered by the WEBSITE, no direct debit shall be made. However, any termination during the trial period prevents the USER from being entitled to benefit from one again. Thus, if the USER wishes to benefit again from the SERVICES, no new trial period will be granted.

If the USER wishes to terminate the subscription before the renewal date, the USER will continue to access the SERVICES offered by the WEBSITE until the end of the current billing period. There will be no refund granted for periods of partial use of the SERVICES. The USER may choose to reactivate their account after termination if desired.

ARTICLE 5 - PRICE

5.1 Purchase of individual documents

The WEBSITE provides USERS with a catalog of templates to fill out to create documents.

Prices and taxes to buy the templates are indicated in the catalog.

MIRACLE reserves the right to change its prices at any time by posting them online.

The only prices applicable to USER transactions are the ones in effect at the time the purchase is made.

The prices are quoted in the official currency of the country where the SERVICES are made available. In the United States of America (hereinafter "U.S."), the prices are quoted in U.S. dollars, all taxes included.

The prices include the taxes applicable on the date of the purchase and any change in the rate of these taxes will be reflected in the price of the templates in the catalog.

The total amount of the purchase, including all taxes, is indicated before the final confirmation of the purchase order.

The payment of the full price must be made when the purchase is made.

5.2 Subscription

The WEBSITE may provide subscription services to USERS in certain nations. If subscription services are provided, the terms outlined in this subsection will apply to govern the subscription services. If subscription services are not provided to USERS in your nation, the terms in this provision will not be relevant. The WEBSITE may provide USERS with the ability to subscribe in order to benefit from the proposed SERVICES and therefore have unlimited access to the WEBSITE catalog.

The subscription enables the USER to allow MIRACLE to periodically debit a financial account that the USER has provided, depending on the subscription the USER has chosen. USERS in France may also utilize the subscription service to benefit from a preferential rate when contacting a lawyer.

The price of the subscription is indicated in the official currency of the country where the subscription services are made available, all taxes included.

The price of the subscription will be the one in effect at the time of the USER's initial subscription. The WEBSITE reserves the right to change the offer and the price of the subscription, after notifying the USER.

When the USER chooses to subscribe, a free trial period may be available, if the WEBSITE chooses to offer one. After this trial period, the USER will be charged with the amount corresponding to the cost of the subscription, unless the USER decides to terminate its subscription before the end of the free trial period.

5.3 VAT collection in France and within the European Union

MIRACLE collects VAT for any USER from a member state in the European Union. This is done to ensure compliance with all applicable collection rules as well as to assist in the maintenance of appropriate tax responsibilities for all parties.

For products sold in the European Union, the WEBSITE lists prices inclusive of VAT.

The VAT rate applied by MIRACLE is that of the purchaser’s country on the date the purchase is made. MIRACLE forwards the collected VAT payment to the tax authorities in the country of purchase.

USERS that are professionals liable for payment of VAT in the European Union may ask MIRACLE for an invoice exclusive of VAT,  so that the Reverse Charge mechanism may be applied.

ARTICLE 6 - PAYMENT

6.1 Purchase of individual documents

When the USER chooses to buy an individual document, the USER makes the payment at the time of the final confirmation of the purchase.

Upon receipt of confirmation of the purchase and payment by the USER, the latter will receive an electronic invoice to the email address personally specified.

6.2 Subscription

The terms in this subpart only apply if subscription services are available in the country where the USER is accessing the SERVICES.

At the time of the USER's initial choice to subscribe, the USER gives his banking information for the direct debit which is conducted at each subscription period. The subscription fee to the SERVICES will be charged periodically according the starting date of the first subscription period. The billing schedule may nevertheless be subject to changes.

The USER may choose to change the payment method by accessing the USER's specific account on the WEBSITE.

If a payment fails because of the expiration of the USER's card, insufficient funds or for any other reason, the WEBSITE reserves the right to suspend the USER's access to the proposed SERVICES, until obtaining a valid payment method.

6.3 Financial permissions

The USER guarantees to MIRACLE that the USER has the necessary permissions to use the payment method chosen and recognizes that the transmission to MIRACLE of the USER's banking information is evidence of its ability and consent to the sale, and to the payment due pursuant to the purchase.

MIRACLE does not save the details of the USER's credit cards, but the proof of the transaction is archived.

Should the accredited bodies refuse to authorize the payment by credit card or in case of non-payment, MIRACLE reserves the right to suspend or cancel the purchase and its delivery.

MIRACLE also reserves the right to refuse a purchase made by a USER who has not fully paid its purchase or has not fully paid a previous purchase or with whom a dispute is unsettled.

MIRACLE is not liable for payment problems related to the operation of the SERVICES. The USER acknowledges sole responsibility for any problems related to the payment method chosen to access the SERVICES.

ARTICLE 7 – LEGAL ADVICE

This provision shall only be applicable to USERS in France. The specific service of communicating with a lawyer is not available in any other nation.

The WEBSITE may offer the USER the possibility of speaking with a lawyer. The WEBSITE only connects the USER with the lawyer, but in no case does it advise the USER in any way whatsoever.

Under these Terms And Conditions, this service of connecting with a lawyer enables the USER to get the advice of a lawyer for a period of 30 (thirty) minutes. This service is optional, and must be deliberately chosen by the USER if the USER wishes to benefit from it.

Beyond the allotted 30 (thirty) minutes, the USER may choose to continue to benefit from the advice of the lawyer without going through the service offered by the WEBSITE, but instead directly through the lawyer.

The USER acknowledges that any personal information given by the USER to the lawyer is willingly provided, and the WEBSITE is not liable or responsible for such information disclosure.

The WEBSITE does not guarantee the validity and accuracy of the information submitted by the lawyers, nor their work. The WEBSITE shall not be held liable for any legal advice or information provided by the lawyer.

The USER and lawyers guarantee to protect and indemnify the WEBSITE and MIRACLE against all claims, demands, losses, actions, suits, judgments, costs, expenses, and damages of any nature whatsoever arising directly or indirectly from the USER's utilization of the WEBSITE SERVICES which allow the USER to contact a lawyer.

ARTICLE 8 - RIGHT OF WITHDRAWAL

Pursuant to the provisions of Article L.221-28,13° of the French Consumer Code, the USER may not assert a right of withdrawal once the document has been made available to the USER.

ARTICLE 9 – USER ACCOUNT

The registration on the WEBSITE is free and open to any legal entity or natural person of full age and capacity, with a valid and active email address.

All the information provided by the USER must be accurate and each USER can open only one account.

A USER wishing to register on the WEBSITE must choose a password which is strictly confidential and personal. It is up to the latter to keep it absolutely secret.

The USER may close its account automatically by sending a message to the following address: contact@wonder.legal.

MIRACLE reserves the discretionary right to delete a USER account for any reason.

ARTICLE 10 - PERSONAL DATA

10.1 Personal data collected 

MIRACLE will securely collect the following personal data when a USER purchases a document or monthly subscription:

• A proof of purchase for the item selected;

• Internal invoices used by MIRACLE for tax purposes;

• The USER’s email address;

• Any document ordered or saved by the USER.

Please note that if a USER selects a monthly subscription, MIRACLE will store information related to the sale with internal accounting records.

MIRACLE collects and stores the personal data that we do so that we can continue offering the SERVICES on our WEBSITE.

When initially creating a USER account, the following information may be collected and stored:

• The USER’s first and last name;

• The USER’s mailing address.

If a USER chooses not to provide this information, access to the SERVICES offered by MIRACLE will still be permitted. The information noted above is not required. 

10.2 Web Hosting 

MIRACLE’s web host is OVH, a simplified joint stock company, headquartered at 2 rue Kellermann, 59100 Roubaix, France. Phone: +33 (0)820 698 765.

Personal data collected by MIRACLE is exclusively hosted and stored in France.

10.3 Personal data passed to third parties

No personal data collected by MIRACLE is ever shared with any third parties. 

10.4 Data Controller

The Data Controller at MIRACLE is JEREMIE ESKENAZI. He can be contacted as indicated below: 

• E-mail address: contact@wonder.legal; 

• Phone number: +33(0)769839285; 

• Registered mail: MIRACLE - 28 rue du Chemin Vert 75011 PARIS - FRANCE; 

• The contact form available at Wonder.Legal (this is the preferred means of contact). 

The  Data Controller is responsible for any and all decision-making regarding the collection of personal data, such as the means and purposes of processing, as well as the storage and protection of the personal data.

10.5 Duties of the  Data Controller

The  Data Controller is committed to the protection and security of all USERS’ personal data. This includes overseeing all personal data and ensuring that it is never shared with third parties without a USER’s valid, freely given, unambiguous consent. The  Data Controller’s responsibilities also include ensuring that all USERS’ personal data is used explicitly as described in this policy.

The Data Controller is also the party responsible for ensuring that personal USER data is properly adjusted or deleted when a USER requests, unless doing so would lead to a disproportionately large cost or effort.

If the integrity, confidentiality or security of personal USER data are compromised, the Data Controller will be the party responsible for informing all USERS.

10.6 USER’s rights in relation to personal data collected

Under relevant laws regarding data collection and processing,  USERS have the following rights: 

• The right to obtain, access, and/or rectify personal data collected by MIRACLE;

• The right to erasure of personal data collected by MIRACLE;

• The right to the restriction of personal data processing by MIRACLE;

• The right to personal data portability; 

• The right to object to automated individual decision-making;

• The right to decide the fate of the collected personal data after a USER’s death, according to the provisions of French law n°2016-1321. 

If there are questions about a USER’s rights, that USER may contact the Data Controller using the email address utilized for the purchase of a document or subscription. The  Data Controller will respond to the USER in a reasonable time frame, but in no event later than 30 days.

The USER may also bring complaints regarding the processing of personal data to a court of competent jurisdiction or the relevant data protection authority. This includes if a USER believes any rights have been infringed.

10.7 Conditions applicable to children’s consent for the collection of personal data

According to the provisions of GDPR Article 8, children who are less than sixteen years of age may not consent to the processing and the collection of their personal data. In France, children under fifteen years of age may not consent.

MIRACLE may create checks via any means to ensure that a USER is the relevant age of consent. MIRACLE may also create checks to ensure that if a USER is under the relevant age of consent, that proper consent of a parent or legal representative has been obtained.

10.8 Cookies

MIRACLE may use cookies. A cookie is a small file stored on the USER’s computer by MIRACLE while the USER is using the WEBSITE. 

Cookies are used to improve the browsing experience of the USER. The cookies MIRACLE uses are “session cookies” and do not require USER consent.

Cookies used by MIRACLE are deleted once the USER closes the browser that was used to access the WEBSITE.

ARTICLE 11 - SEVERABILITY OF THE PROVISIONS

The invalidity of one or more of these provisions does not invalidate any other provision within these Terms And Conditions. The remainder of the provisions, which are still valid, shall remain in full and force and effect.

ARTICLE 12 – WAIVER

Should MIRACLE fail to enforce one or more of the provisions of this document, it shall not entitle the USER not to comply with that provision or any other provision of these Terms And Conditions, and shall not constitute or be deemed a final waiver of the assertion of MIRACLE's rights.

ARTICLE 13 - AMENDMENT TO THE GENERAL TERMS AND CONDITION OF USE AND SALE

MIRACLE has a right to unilaterally amend the Terms And Conditions and to post an updated or edited version of the Terms And Conditions on the WEBSITE. The USER hereby agrees to read the Terms And Conditions each time the USER accesses the WEBSITE. MIRACLE undertakes no obligation to specifically inform the USER about any changes to the Terms And Conditions. Continued use of the WEBSITE by the USER constitutes a continued acceptance of these Terms And Conditions. The conditions applicable are those stated on the WEBSITE when the USER uses any of the SERVICES of the WEBSITE or the WEBSITE itself.

ARTICLE 14 - APPLICABLE LAW, LANGUAGE AND THE COMPETENT JURISDICTION PROVISION

MIRACLE is a company registered in France only and has offices and operations in France only.

USER hereby submits to the jurisdiction of France and acknowledges fully that these Terms And Conditions are governed by the laws of the nation of France (without regard to conflict of law provisions) and that no other foreign or international laws shall apply, including: (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980.

USER further acknowledges that any dispute resolution required, including arbitration, litigation or another method, shall exclusively be done in Paris, France. Specifically, any litigation under these Terms And Conditions will be exclusively before a court of competent jurisdiction in Paris.

To the fullest extent permitted by law and especially in case of any dispute between the parties, the controlling language for these Terms And Conditions is French. Any translation has been provided for Your convenience only, and You may view the French language version at the following link: https://www.wonder.legal/fr/pages/conditions-generales-de-vente.php.

In case of any dispute or claim, however, before undertaking any method involving a third party, USER hereby agrees to first contact MIRACLE directly so that the parties may come to an amicable solution.