The site accessible at the URL address https://oratorik.com is the property of BOISSAVY, SELARL whose registered office is located at 222, boulevard Saint-Germain 75007 Paris, registered with the RCS of Paris under number 799 432 695.
BOISSAVY, whose trade name is ORATORIK (hereinafter "the Firm") is the publisher of the Site and Matthieu Boissavy is its publishing director.
The purpose of these General Terms and Conditions of Use (hereinafter referred to as the "GTCU") is to define the conditions under which the Firm implements its website, the purpose of which is to inform the public and Users of the Site about the Firm's activities, its organization, its editorial content and Users' access to the services provided by the Firm via this Site.
The Firm reserves the right to modify these GCU under the conditions indicated in article 14 below. Users are invited to consult these Terms of Use regularly to take note of any changes.
The following words and expressions beginning with a capital letter, singular or plural, are used herein with the following meaning:
ATELIER L'art de l'advocacy: the firm's study, research, documentation, publishing, conference and training services in connection with the firm's activities. The Atelier's resources are available, free of charge or for a fee, on the Podia platform at www.oratorik.podia.com (hereinafter referred to as the Atelier site).
CABINET
The BOISSAVY company's trade name is ORATORIK.
CUSTOMER
Any person for whom ORATORIK has agreed to perform a service after acceptance of a quotation, an engagement letter by the Customer or a mediation contract by the parties to a mediation. The quote, engagement letter or mediation contract contains the fees and expenses budget (lump-sum or estimated) or the hourly rate sent by the Firm to the potential client for carrying out the engagement. Acceptance of the assignment by the Firm and the Customer is formalized by an exchange of correspondence (by post, e-mail, sms, any electronic message, fax, etc.) or by the signature of an assignment letter. Appointments made by Site Users via the Site are invoiced according to the prices indicated on the Site, but payment of the price of the appointment service does not constitute acceptance by the Firm of the assignment that the Customer may wish to entrust to it. In the absence of the Firm's express written acceptance of the assignment, no User may be considered a Client of the Firm.
TERMS AND CONDITIONS OF USE OR CGU
This document sets out the terms and conditions of use of the Site and Services.
EQUIPMENT
All hardware and software, including the information system and networks, workstations, computers, cell phones, e-mail addresses, tablets, which the User uses to access the Services and for which he/she has exclusive custody and responsibility.
PART
Refers in the singular indistinctly to the Firm or the Users of the Site, and in the plural to the Firm and the Users of the Site.
SERVICES
Refers to the services made available to Users on the Site by the Firm as described in the GCU.
SITE
Internet site made available to Users by the Cabin and accessible via the URL address: https: //oratorik.com and enabling access to the Services under the terms and conditions set out in these GCU.
USER
Any person having access to the Firm's Website.
Users declare that they have obtained all necessary information from the Firm concerning the Services offered and that they accept, without reservation, the present terms and conditions.
Users declare :
The GCU are accepted by means of a box to be ticked by the User on the Site or by payment of the price of services for appointments. The User acknowledges and accepts that his commitment does not require a handwritten or electronic signature.
Users can only benefit from the Services offered on the Site if they accept these terms and conditions.
The GCU are enforceable as soon as they are accepted by the User.
Any online order, request for an appointment, contact, quotation or consultation and any payment made by the User for a service provided by the Firm implies full and complete acceptance of these GCU.
5.1 GENERAL MATERIAL AND TECHNICAL REQUIREMENTS
Access to the Site may only be offered to Users with a compatible computer configuration, in compliance with the following prerequisites:
5.2 SITE ACCESS CONDITIONS AND AVAILABILITY
Access to the Site is open to any User connecting from the URL address: https: //oratorik.com
Access to the Site is free to any user with Internet access. All costs associated with access, whether hardware, software or Internet access, are the sole responsibility of the User. The User is solely responsible for the proper functioning of his/her computer equipment and Internet access.
The Firm strives to provide quality access and to enable Users to use the means of communication made available to them under the best possible conditions.
Due to the nature and complexity of the Internet, and in particular its technical performance and response times for consulting, querying or transferring information data, the Firm makes its best efforts, in accordance with the rules of the art, to allow access to and use of the Site. However, the Firm cannot guarantee absolute accessibility or availability of the Site.
The Site is accessible 24 hours a day, 7 days a week, except in cases of force majeure or the occurrence of an event beyond the Firm's control, and subject to breakdowns and maintenance operations necessary for the proper functioning of the Site, in particular technical or computer difficulties.
The Firm reserves the right, without prior notice or compensation, to temporarily or permanently close the Site or access to one or more remote services, in particular to carry out updates, maintenance operations, modifications or changes to operational methods, servers and accessibility times, without this list being limitative.
The Firm is not liable for damages of any kind that may result from these changes and/or from the temporary unavailability or permanent closure of all or part of the Site or the associated Services.
The Firm reserves the right to add to or modify the Site at any time in line with technological developments.
It is the user's responsibility to ensure that the computer and transmission resources at his disposal are able to adapt to changes in the Site.
For security or precautionary reasons, the Firm reserves the right to refuse, prohibit and temporarily or permanently suspend access to the Service to Users:
5.3 ACCESS TO THE WORKSHOP SITE AND AVAILABILITY
The Atelier Art de l'Advocacy website is accessible on the PODIA platform primarily in accordance with the terms of access and general conditions set forth by the company that manages the www.podia.com website, and secondarily in accordance with the conditions set forth in article 5.2 above.
5.4 SAFETY
The Firm makes its best efforts, in accordance with the rules of the art, to secure the Site with regard to the risk incurred and the nature of the data processed.
The Site is an automated data processing system.
The User is prohibited from accessing or maintaining, fraudulently, all or part of the Site. The User may not use any access method other than the interface provided by Cabinet. In the event of discovery of such a method, or if the User inadvertently enters a reserved area without right, the User undertakes to inform Cabinet immediately so that Cabinet can take the necessary measures.
The User is prohibited from deleting or modifying data contained on the Site, or fraudulently introducing data or even altering the operation of the Site. In particular, Users must not introduce viruses, malicious code or any other technology harmful to the Site.
Any access to a prohibited area will be considered as fraudulent access.
The User undertakes to consider all data of which he may have become aware during such access to an unauthorized area as confidential data and consequently undertakes not to divulge them.
In particular, the User undertakes not to carry out any operation aimed at saturating a page or any operation having the effect of hindering or distorting the operation of the Site.
The User undertakes not to use any devices or software of any kind that would interfere with the proper operation of the Site.
The User undertakes not to take any action that would impose a disproportionate burden on the Site's infrastructures.
The User accepts the characteristics and limits of the Internet. He/she is aware that data circulating on the Internet is not necessarily protected, particularly against possible misappropriation.
The User shall take all appropriate measures to ensure the security of his/her own data and/or software from contamination by any viruses on the Internet.
Article 6: Description of Services
6.1. THE PUBLIC PART OF THE SITE PROVIDES USERS WITH :
6.2. THE WORKSHOP SITE
Cabinet is organizing a workshop on the art of advocacy. Some of the workshop resources are available free of charge or for a fee on the Podia platform at www.oratorik.podia.com.
6.3. THE "Can we help?" FORM
The Site features a "Can we help you?" form, which enables Users to summarize their case (dispute, conflict, lawsuit, crisis, risks, etc.) so that the Firm can contact them, discuss it with them by telephone, videoconference or e-mail and submit proposals for intervention. This contact form is free of charge. The Firm may then offer the User a consultation or service for a fee. If the User and the Consultancy agree on the terms of an assignment to be carried out by the Consultancy and a quote, the User becomes a Client of the Consultancy. If the Firm cannot intervene but can recommend another professional, it may pass on the name of this professional to the User. This recommendation does not engage the Cabinet's responsibility with regard to any future professional relationship between the User and the recommended professional.
6.4 THE "Contact" FORM :
The Site allows you to request messages, submit requests for online consultations (by telephone, e-mail or videoconferencing), book appointments or ask the Firm for a quote for an intervention.
In all cases, use of the services offered by the Cabinet en ligne implies acceptance of these GCU.
6.5 MAKING APPOINTMENTS, REQUESTING CONSULTATIONS OR QUOTES
Appointments or requests for consultations or estimates can be made by any means, including the Site's contact form, via the CNB website or by booking in the Firm's calendar at the prices indicated.
If the Firm deems it necessary in view of the situation or the question raised, it may request copies of the documents needed to understand the facts. No original documents may be sent to the Firm without its prior written consent.
A deposit on fees and expenses may be requested when making an appointment or requesting a consultation. In the absence of payment of this deposit, the firm is not committed to ensuring the appointment or consultation.
At any time, the Firm may request proof of identity and address, or an excerpt from the business register of the User making the enquiry. Should the User fail to respond, or in the event of a conflict of interest with the interests of one of the Firm's clients, the Firm is entitled to refuse to respond, and to retain any advance on fees paid by the User at the time of booking an appointment or requesting a consultation. All payments made to reserve an appointment are retained by the Firm, even if the User cancels the appointment.
By making an appointment or submitting a request via the contact form, you agree to be bound by these terms and conditions.
Payment for the firm's services may be made by credit card, bank transfer, cheque or any other electronic means of payment.
The provision of the secure payment solution is subject to French regulations on the fight against money laundering and the financing of terrorism.
The User acknowledges that the intermediary of a payment for Site or Cabinet services may terminate or postpone at any time the use of an Identifier, access to an Account or the execution of a transaction or refund in the absence of sufficient information concerning its purpose or nature.
The User is hereby informed that a transaction carried out within the framework of the present contract may be subject to the exercise of the right of communication by the national financial intelligence unit, in strict compliance with applicable regulations and the protection of professional secrecy. The User may, in accordance with the regulations, access all the information thus communicated, provided that this right of access does not jeopardize the purpose of the fight against money laundering and the financing of terrorism when this data relates to the applicant.
Pursuant to the provisions of article L. 221-28 of the French Consumer Code, and insofar as, by subscribing to the Site Services :
The User has no right of withdrawal, which he expressly acknowledges and accepts.
The Cabinet is liable for the provision of the Services within the framework of an obligation of means for any direct, material and foreseeable damage of any nature whatsoever.
The User acknowledges and accepts that the Firm cannot in any way be held liable:
Furthermore, the Firm assumes no liability or responsibility whatsoever with respect to :
The User is responsible for the use of the Services he makes on the Site and for the Equipment he uses. The User undertakes to use the Services under his exclusive responsibility. The User is solely responsible for the use of the Services in accordance with the provisions hereof.
The user undertakes to use the Site, the dedicated areas and the information to which he/she may have access only under the conditions of use defined herein.
The general structure of the website as well as the texts, images (animated or not), sounds and photos are the property of the firm or Matthieu Boissavy.
Any total or partial representation of this website by any entity or person whatsoever without the prior written authorization of the firm and Matthieu Boissavy is prohibited and constitutes an infringement punishable by the Intellectual Property Code.
The same applies to any databases appearing on the Site, which are protected by the provisions of the French Intellectual Property Code.
The trademarks of the Firm and its partners, as well as the logos appearing on the Website, are registered trademarks.
Any total or partial reproduction of these trademarks or logos, made from elements of the Website, without the prior written authorization of the Firm, is therefore prohibited, within the meaning of the French Intellectual Property Code.
Other distinctive signs, in particular corporate names, trade names, brand names and domain names reproduced on the site are the property of the firm or third parties. Any unauthorized reproduction is likely to engage the responsibility of its author pursuant to Article 1240 of the Civil Code.
Provisions concerning the management of personal data and cookies are set out in the attached "Privacy Policy" document.
Cabinet may modify the Services and these GCU at any time. The User will be informed of any changes by any means at the Firm's convenience.
The latest CGU in force will be available for consultation on the Site.
15.1 TOLERANCE
The Parties mutually agree that the fact that one of the Parties tolerates a situation does not have the effect of granting acquired rights to the other Party.
Moreover, such tolerance cannot be interpreted as a waiver of the right to assert the rights in question.
15.2 SINCERITY
The Parties hereby declare that these commitments are sincere.
In this respect, they declare that they have no knowledge of any element which, if communicated, would have modified the consent of the other Party.
15.3 INDEPENDENCE OF THE PARTIES
The Parties acknowledge that they are each acting on their own behalf and will not be considered each other's agent.
These terms and conditions do not constitute an association, a franchise or a mandate given by one party to the other.
Neither party may enter into a commitment in the name and on behalf of the other party.
In addition, each party remains solely responsible for its acts, allegations, commitments, services, products and personnel.
15.4 FORCE MAJEURE
In the first instance, cases of force majeure will suspend performance of the present terms and conditions.
In the event of force majeure lasting more than two months, these terms and conditions will be automatically terminated, unless the parties agree otherwise.
Force majeure and fortuitous events are expressly considered to be those generally accepted by the jurisprudence of French courts and tribunals.
15.5 NULLITY
If one or more of the stipulations herein are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope.
15.6 COMPLETENESS
The present general terms and conditions express the entirety of the obligations of the Parties.
No general or specific condition appearing in documents sent or delivered by the User may be incorporated herein.
15.8 PROOF
In addition to the legal provisions recognizing the evidentiary value of digital writing, Users acknowledge the validity and evidentiary value of e-mails, SMS messages, and notifications made by the Firm, digitized documents exchanged between them in connection with the Services, as well as any electronic records kept by the Firm in connection with the Services.
These GCU are governed by French law.
This applies to both substantive and formal rules, regardless of the place of performance of substantive or ancillary obligations.
In the event of a dispute, and in the event of failure to reach an amicable agreement, the parties agree to submit to the exclusive jurisdiction of the competent Parisian court; except in the case of disputes over fees and acceptance by the User of the Firm's Charter, which provides for the jurisdiction of the President of the Paris Bar Association in such matters.
Data collection is limited to the information required to fulfill these purposes.
Mandatory data are indicated as such on the collection forms, and the consequences of failure to reply are specified in the questionnaire in question.
This data is intended for all authorized persons within the firm and for any subcontractors.
The data is kept for a period determined as follows:
The data collected is also used to prevent and combat fraud, particularly credit card fraud. The Firm reserves the right to verify the personal data communicated by the User when placing an order for a consultation, a service or an appointment, and to adopt all measures deemed necessary to verify that the person whose bank account is debited is indeed the person who placed the order, in order to avoid any fraudulent payment. This verification may take the form of a request for proof of identity and address.
The data collected when making an appointment via the site is recorded and processed by BREVO(www.brevo.com) and any appointment made by the Site User implies his/her agreement to this recording and processing by BREVO.
Persons concerned by the processing of personal data by the Firm have the right to query, access, rectify and object on legitimate grounds to all data concerning them.
Data subjects have the right to restrict processing.
Data subjects also have the right to formulate specific and general directives concerning the retention, deletion and communication of their post-mortem data.
The communication of specific post-mortem directives and the exercise of their rights can be made by sending a letter by post to the following address: ORATORIK - Boissavy, 222, boulevard Saint-Germain 75007 Paris.
Requests made in this way must be accompanied by a copy of an identity document in order to be considered by the Cabinet.
Data subjects also have the right to lodge a complaint with the national data protection authority.
Users are informed that, when visiting the site, cookies may be automatically installed on their browser.
In order to make the Site's services more efficient, you are informed that the Site uses cookies or other tracers.
During your visits to the Cabinet Site, these may be installed on your terminal subject to the choices and options you have expressed or may express at any time in accordance with this policy.
In the interests of information and transparency, the firm has drawn up this policy to enable you to find out more about :
Cookies, or similar tracers, are data used by a server to send status information to a user's browser, and by that browser to send status information back to the originating server.
Status information can be, for example, a session identifier, a language, an expiration date, a response domain, etc.
During their period of validity, cookies store status information when a browser accesses different pages on a website, or when the browser returns to the website at a later date.
Only the sender of a cookie can read or modify the information it contains.
There are different types of cookies:
We use cookies and other trackers for the following main purposes:
The installation of certain cookies, when their sole purpose is not to enable or facilitate electronic communication or when they are not strictly necessary for the provision of an online communication service at your request, is subject to your consent.
Therefore, when you first visit the site, you will be informed by a banner that if you continue browsing, you accept the installation of these cookies on your equipment. A cookie will be installed to remember your choice. Please note, however, that if you delete this cookie, your consent will be requested again.
You can change your mind at any time:
You have several options for deleting and/or rejecting cookies and other tracers.
While most browsers are set to accept cookies by default, you can set your browser to accept or reject the installation or use of cookies, or to choose which cookies you accept, depending on the sender. You can click on your browser's "Help" menu to find out how to modify your cookie preferences.
You can also set your browser to accept or reject cookies on a case-by-case basis before they are installed. You can also regularly delete cookies from your terminal via your browser. Don't forget to configure all the browsers on your various terminals (tablets, smartphones, computers, etc.).
The configuration of each browser is different. Here are the main sites to help you configure your browser:
for Microsoft Edge™: http: //windows.microsoft.com/fr-FR/internet-explor...
for Safari™: https: //support.apple.com/fr-fr/guide/safari/sfri11471/mac
for Chrome™: http://support.google.com/chrome/bin/answer.py?hl=...
for Opera™: http: //help.opera.com/Windows/10.20/fr/cookies.htm...
The main websites to help you set up your smartphone :
The recording of a cookie in your terminal is essentially subject to your wishes, which you can express and modify at any time and free of charge through the choices offered to you by your browser software.
The Terms and Conditions of Use set out the terms of use of the Site. The Privacy Policy document sets out the management of personal data and cookies.
Publisher: ORATORIK - BOISSAVY, a limited liability company with capital of 50,000 euros registered with the Paris Trade and Companies Register under number 799 432 695
Director of the publication and holder of the intellectual property rights for the elements of the site: Matthieu Boissavy, Avocat au barreau de Paris - 222, boulevard Saint-Germain 75007 Paris.
Photo credits: MB portraits © Denis Felix 2011 sur page and Sanfaute 2022, others © Shutterstock, Unplash or Adobe Stock
Site design and production: EASYWEB
Any reproduction, representation or adaptation of elements of the site is subject to the prior written consent of the publisher, except for individual private use.
Hosting provider: WEBFLOW
In accordance with the European General Regulation on the Protection of Personal Data (RGPD) and the French Data Protection Act of January 6, 1978, amended in 2018, site users who have transmitted their data have the right to access, limit, rectify, delete or erase their personal data. You are informed that the personal data you communicate, in particular by filling in the forms present on the site, are intended for ORATORIK. It may be processed by external service providers solely to enable ORATORIK to carry out its activities. To request modification, rectification or deletion of your personal data, simply send a letter by e-mail (using the contact form) or post to the publication manager, providing proof of your identity.
The publication of this site is subject to French law. Consultation of the site and transmission of data by the Internet user to the publisher imply acceptance of the application of French law and the jurisdiction of the courts of Paris.
The firm's Privacy Policy sets out how personal data is managed.
