+33 (0)1 78 76 58 65 contact@d2k-avocats.com

General Sales Conditions

D2K Avocats Law Firm

D2K Avocats Law Firm is a registered Société d’Exercice Libérale par Actions Simplifiée (SELAS) [Simplified Joint Stock Professional Partnership] with a capital of 10,000€, registered with the Law Society of Paris and registered under RCS of Paris under the number 790 207 211, whose headquarters is located at 25 rue Saint Ferdinand , 75017 Paris, France, duly registered as a member of the Paris lawyers bar.

D2K Avocats Law Firm is a company founded by a team of lawyers of multicultural profiles, with a strong entrepreneurial culture, which offers legal solutions to companies in France and abroad.

The D2K Avocats Law Firm Inc. advises any legal structure such as start-ups, SMEs, Mid-Caps, large groups, multinationals and non-profit organizations, in the legal security of their strategic choices and proposes solutions in the case of any legal action.

3. Fees

1. Acceptance of General sales conditions

The services offered by the D2K Avocats Law Firm are subject to the following terms, which the client declares adhere without restriction nor reserves for any questions, for any case assigned to the company.

Any client requesting services of the D2K Avocats Law Firm is seen to offer a service tailored to its needs. The client is free to accept or reject this service.

The acceptance of the client, which can be expressed by any means, entails the formation of a mandate between him/her and the D2K Avocats Law Firm. The mandate is formed upon the queries between the client & D2K Avocats Law Firm.

Any order of pertaining Services by all means on behalf of the client, implies the acceptance of these General terms of Sale. D2K Avocats Law Firm will charge the time spent on the prior study of the case, the first contacts, data elements and advices to the client, even if the client finally decides not to handover the case to the D2K Avocats Law Firm.

These Sale Conditions are expressly accepted by the client, who declares and acknowledges having a perfect knowledge of it, and gives up, thereby to invoke any contradictory document and especially, its own general conditions.

These conditions can be modified at any time by D2K Avocats Law Firm.

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2. Services

D2K Avocats Law Firm offers services in France according to the needs expressed by the client, such as legal advice, assistance in drafting of legal acts and services of a contentious nature such as a representation of clients before the courts, mediation centres, conciliation and arbitration.

The work and advice offered by the D2K Avocats Law Firm are made according to the documents and information provided by the client. They are consistent with the French applicable laws and ethics of the Legal Profession.

D2K Avocats Law Firm reserves the right to outsource a part of the case to a lawyer, as well as to work with any other professional, he/she will be assured in advance of the seriousness, professionalism, competence and who has signed a confidential agreement if it is not held by his/her profession. These collaborations are in accordance with the French National regulation within the Legal Profession.

D2K Avocats Law Firm Company reserves the right to refuse any case which will be contrary to the governing rules of the French Legal Profession, or in the presence of a conflict of interests.

Acceptance and continuance of the case are always conditioned by the timely payment of the invoices and provisions.

The client on his/her part has the right to terminate at any time, in writing, to the mission assigned, subject to the proper and complete payment of the services provided by the D2K Avocats Law Firm.

When a project assigned to the D2K Avocats Law Firm fails, by decision of the client or by a third party, the client remains liable for the perfect and complete payment of all the services provided by the D2K Avocats Law Firm (research, consultations, drafting of contract projects…).

As a French law firm subject to a strict and responsible regulation, D2K Avocats Law Firm ensures the identity of each client as well as the legality of the proposed transactions.

For this purpose, the client is requested to provide the following information for the opening of the case:

  • Client name
  • Corporate registration Number
  • Address of the Registered office
  • Billing Manager
  • VAT no.
  • Email
  • Telephone

As well as the Corporate registration certificate, together with a copy of the identity card of the CEO or the Director in charge of the case.

The client is informed that any lawyer is required to report any suspicious requests to the TRACFIN Agency of the French Ministry of Finances. D2K Avocats Law Firm will not fail in this obligation if a request seems suspicious to them.

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3. Fees

D2K Avocats Law Firm’ fees vary according to the complexity of the case, the experience of the lawyer handling the case, the size of the client structure, its local or international aspect. They are freely available on the website of D2K Avocats Law Firm.

In the respect of the free fixing fee’s principle, D2K Avocats Law Firm is committed to give the client accurate and prior information and beyond of any legal obligations, to ensure complete and honest transparency on the costs of intervention of the company, by observing the following rules:

Provide prior information on the account of the miscellaneous expenses & fees.
Formalize in writing a proposal of fees, costs and disbursements that will be subject to the client’s approval, except in an emergency or force majeure.
Notify the client that would alter the amount originally expected, due to the evolution of the case event.
Provide a detailed statement of procedures carried out with each invoice.
D2K Avocats Law Firm’ fees are generally calculated on the time spent, at an hourly rate specified in the fees agreement or referred to the website www.d2k-avocats.com in the tab provided for this purpose.

For common legal operations, where the time can be estimated, a global package of fixed fee can be offered.

For litigation cases and some business deals, a mixed system can be proposed, including a fixed package associated with a success fee.

For client structures with regular needs, it is also possible to implement a monthly subscription system.

The fees are increased of the Value Added Tax in force, if applicable[1]. They do not include costs including travel, documentation, fees, disbursements and expenses incurred for legal purposes of achieving the service, which are the responsibility of the client.

In case of emergencies of the client’s request, fees may be increased up to 50% compared to the fees agreed or normally charged.

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4. Invoicing and Payment

Upon opening of case, D2K Avocats Law Firm will issue an advance invoice payable on receipt by the client. This provision will be retained by the D2K Avocats Law Firm even if the client terminates early in the mandate.

Subsequently, a monthly invoice detailing the services and procedures carried out will be sent to the client. The corresponding fees are payable by bank transfer upon receipt of the invoice fee, which includes the bank details of the D2K Avocats Law Firm.

The payment transfer costs, French or international, are the sole responsibility of the client.

Invoices are sent to the client by email in PDF format and the mandate given by the client to D2K Avocats Law Firm means agreement with this paperless invoicing method.

In case of non-payment of the invoices within 30 days, a delay penalty in compliance with the Clause L. 441 6 of the French Commercial Code will be applied automatically without sending a reminder, as well as a lump sum fee of an amount of € 40 will also be charged as a compensation for recovery costs. The rate of penalties of delay is equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. The rate applicable during the first half of the year in question is the rate in force on 1st January of the year in question. For the second half of the year concerned, it is the rate in force on 1st July of the year in question.

D2K Avocats Law Firm reserves the right, in the absence of payment within the above time frame, to suspend the execution of the contract until the full payment of the sums due is made and to pursue the defaulting client to the French Bar Association, and then to the Courts if the payment is still pending, in accordance with the ethical rules of the French Legal Profession.

If the client decides unilaterally not to receive services from D2K Avocats Law Firm, he/she must pay the corresponding fees to the work done by the company before the cancellation. The payment previously paid will not be refunded.

In no case whatsoever D2K Avocats Law Firm shall be held jointly liable for the work performed by independent contractors or for non-payment of any service fees by the client to these contractors. The D2K Avocats Law Firm recommends serious, bicultural and independent contractors to its client, with whom we work regularly. In order to maintain this trust, the client hereby commits himself/herself to pay these providers directly within the agreed time.

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5- Responsibility

D2K Avocats Law Firm, registered at the Bar of Paris (France), is therefore insured by a reputable insurance company to cover its civil professional liability, whose details can be sent upon client’s request.

D2K Avocats Law Firm ensures the client the implementation of the agreed services to the exclusion of any negligence, lack of information or any client’s default.

The responsibility of D2K Avocats Law Firm can be held liable only in cases of D2K lawyers’ proven misconduct or gross negligence and in any case is limited on the one hand, to direct harm to the exclusion of any indirect damage of any nature whatsoever, and on the other hand, to an amount not exceeding the average of the last three invoices on the day of the claim.

To be valid, any claim of the client should be sent by registered letter with acknowledgment of receipt at the registered office of the D2K Avocats Law Firm.

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6- Confidentiality

According to the ethical rules governing the Legal Profession, the information sent by the client to D2K Avocats Law Firm as part of the services are strictly confidential and protected by professional secrecy attached to the Legal Profession. They cannot be disclosed without the express consent of the client or when required by the law.

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7- Intellectual property

A non-transferable right to personal usage for the documents drafted by D2K Avocats Law Firm in performance with the Services, is licensed to the client. D2K Avocats Law Firm remains the sole owner of these documents that cannot be used for other purposes than the case assigned by the client to D2K Avocats Law Firm.

The client is not authorized to reproduce, copy, modify, transmit, disclose, translate partially or totally, for a fee or free of charge, the documents substantiating the services of the D2K Avocats Law Firm without its prior agreement, for purposes other than those of the case (strict sense).

Use of the work of D2K Avocats Law Firm contrary to its mandate without its express permission, is prohibited and would constitute a fault likely to engage the responsibility of its author, without any limitation of liability being opposed to D2K Avocats Law Firm.

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8. Applicable law

The present terms & conditions are subject to French law, whatever the location of the client in France or abroad. In case of dispute between D2K Avocats Law Firm and the client, it should be judged by the President of the Paris’ Bar Association.

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[1] According to art. 262b-1 of the French General Tax Code, exports of services outside of France are VAT exempted.

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