TERMS AND CONDITIONS OF SALE
Article 1. Definitions and Scope
1.1 Definitions
The term “Terms and Conditions” means these general terms and conditions of service.
The term “Network” means SEGUR, a simplified joint-stock company with a sole shareholder (société par actions simplifiée à associé unique), with share capital of one hundred thousand euros (€100,000), whose registered office is located at 10 rue de Penthièvre, 75008 PARIS, registered with the Paris Trade and Companies Register under number 811 819 226, together with all its listed franchisees and/or employees.
The term “Company” means the operating company within the SEGUR Network selected by the Client and with which the Contract will be entered into. Its contact details will be specified in the relevant Contract, quotation and/or invoice for the Service offered.
The term “Service(s)” means the various services described in Article 3.1 of these Terms and Conditions and offered by the Company.
The term “Client” means any adult natural person considered to be a consumer within the meaning of the preliminary article of the French Consumer Code (Code de la consommation), who may also be the Heir.
The term “Heir” means any person holding a right in an estate within the meaning of Article 734 of the French Civil Code (Code civil), who may also be the Client.
The term “Genealogist” means an employee of the Company involved in identifying heirs through genealogical research and investigations required for the performance of the Services offered.
The term “Contract” means any agreement between the Company and the Client relating to any of the Services offered and formalised in accordance with Article 3 of these Terms and Conditions.
1.2 Scope
These Terms and Conditions apply to any Contract for the provision of Services entered into between the Company and the Client, where the Client has accepted them in accordance with Article 2 of these Terms and Conditions.
Article 2. Enforceability of the Terms and Conditions
These Terms and Conditions shall be enforceable against the Client where the Client has accepted them by signing them after the statement confirming that “the Client has read and understood these Terms and Conditions”, when signing the quotation or Contract relating to the performance of the Services offered by the Company.
The Client shall receive a copy of the quotation or Contract, together with these Terms and Conditions, by email in PDF format on a durable medium.
The Client shall retain a copy of the signed quotation or Contract and these Terms and Conditions.
The Company makes these Terms and Conditions available on its website in a downloadable and printable format.
The Company may amend these Terms and Conditions at any time. However, only the Terms and Conditions in force on the date on which the Client signs the Contract shall apply.
Any amendment to these Terms and Conditions proposed by the Client and not formally accepted by the Company shall not be enforceable against the Company.
The Company’s failure at any time to invoke any provision of these Terms and Conditions shall not be construed as a waiver of its right to invoke that provision at a later date.
Article 3. Services
3.1 Description of the Services
Under these Terms and Conditions, the Company offers the Client the following Services:
Tracing beneficiaries of life insurance policies, legatees named in a will or blood relatives (where civil-status records have not been provided);
Identification and tracing of beneficiaries of life insurance policies, legatees named in a will or blood relatives;
Verification of the absence of forced heirs, by providing a certificate confirming the absence of any forced heir, thereby enabling testamentary provisions to be implemented;
Confirmation of succession by providing a genealogical chart and a certificate confirming that all Heirs have been duly identified and are represented in the administration of the estate;
Property ownership research, including searches of deeds dating from before 1956 to establish easements, party-wall rights and origins of title, demonstrate the absence of an identifiable property owner, and carry out any necessary cadastral research;
Estate asset searches through the reconstruction of estate assets in France and internationally;
Determination of succession;
Estate administration services: management of the administration and distribution of the estate, involving the conclusion of mandates between the Clients and the Company, optimisation of estate assets, completion and regularisation of notarial instruments and routine administrative matters, and the issuing of invoices.
3.2 Preliminary Steps Prior to Entering into the Contract
To request a Service, the Client may first submit a contact request using the form available at:
online quote
The Client may also contact the Company by:
Telephone: +33 9 72 62 36 00
Fax: 09 74 98 16 86
Email: contact@segur.eu
3.3 Formalisation and Conclusion of the Contract
The detailed content of the proposed Service is set out in a personalised quotation specifying the applicable pricing conditions according to the type of service required. The Company shall send this quotation to the email address provided by the Client, together with these Terms and Conditions.
The Client shall return the signed quotation or Contract bearing their handwritten signature, or shall sign the quotation or Contract electronically using YOUSIGN, in accordance with European regulations on electronic identification and trust services for electronic transactions (eIDAS), as well as Articles 1366 and 1367 of the French Civil Code.
The Client is informed that, pursuant to Article 36 of French Law No. 2006-728 of 23 June 2006:
“Except in the case of estates subject to the rules governing vacant or heirless estates, no person may undertake or assist in tracing an Heir in an open estate, or in relation to an asset omitted when an estate was administered, unless they hold a mandate granted for that purpose. Such a mandate may be granted by any person having a direct and legitimate interest in identifying the Heirs or administering the estate.”
Accordingly, the Company shall provide the Client with a power of attorney authorising the Company to act as the Client’s representative in connection with all operations that may form part of the administration of the estate. These Terms and Conditions shall be attached to that document.
Article 4. Prices and Payment Terms
The price of the Service shall be stated in the quotation sent to the Client or in the Contract.
The price of the Service shall be expressed either as a fixed fee or as a percentage of the net estate assets where an heirship disclosure agreement (contrat de révélation) is entered into. In the latter case, the Company’s remuneration, as specified in the Contract, shall depend both on the Heir’s degree of relationship to the deceased and on the net value of the estate.
Prices are stated in euros and include all taxes, at the VAT rate applicable when the quotation or heirship disclosure agreement is issued, it being understood that the most recent applicable terms shall supersede the previous ones.
An invoice shall be issued in the Client’s name and payment in full shall be due on the date specified in the quotation or Contract.
Payment may be made in cash, by cheque or by bank transfer.
A copy of the invoice shall be sent to the Client by email and, upon express request, by post. Standard postage is provided free of charge within metropolitan France. Charges may apply to other destinations.
Article 5. Performance of the Service and Delivery
The Services shall be performed on the agreed date or within a reasonable period.
If the Company fails to perform the Service within the applicable time limit, the Client may, under the conditions laid down in Article L216-6 of the French Consumer Code, reproduced below, terminate the Contract formalised by the accepted quotation and these Terms and Conditions.
Article L216-6 of the French Consumer Code
I. Where a professional fails to fulfil its obligation to deliver goods or provide a service under the conditions laid down in Article L216-1, the consumer may:
1° Notify the professional that payment of all or part of the price is suspended until the professional fulfils its obligations, under the conditions laid down in Articles 1219 and 1220 of the French Civil Code;
2° Terminate the Contract if, after formally requesting the professional to deliver the goods or provide the service within a reasonable additional period, the professional has failed to do so within that period.
The Contract shall be deemed terminated upon receipt by the professional of the letter or written notice informing it of the termination, unless the professional has performed its obligations in the meantime.
II. The consumer may nevertheless terminate the Contract immediately:
1° Where the professional refuses to deliver the goods or provide the service, or where it is clear that the professional will not deliver the goods or provide the service;
2° Where the professional fails to fulfil its obligation to deliver the goods or provide the service on the date or within the period provided for in Article L216-1, and that date or period constitutes an essential condition of the Contract for the consumer. The essential nature of this condition may arise from the circumstances surrounding the conclusion of the Contract or from an express request made by the consumer before the Contract was concluded.
The provisions of this Article are without prejudice to any award of damages.
Article 6. Right of Withdrawal
Where the Contract for the provision of services is concluded at a distance, following telephone canvassing or off-premises, the Client shall be entitled to the fourteen-day right of withdrawal provided for in Article L221-18 of the French Consumer Code, subject to the conditions set out in the provisions reproduced below.
The right of withdrawal must be exercised by email at the address specified in the Contract or, failing that, at the following address:
10 rue de Penthièvre, 75008 PARIS.
A withdrawal form is provided to the Client on the final page of these Terms and Conditions.
It may be returned by post, with the postmark serving as proof that the applicable deadline has been met.
If the consumer wishes the Service to begin before the end of the withdrawal period, the Company shall obtain their express request on paper or electronically by email. The Client acknowledges that once the Company has fully performed the Contract, they shall no longer have a right of withdrawal.
Article L221-18 of the French Consumer Code
The consumer has a period of fourteen days in which to exercise their right to withdraw from a Contract concluded at a distance, following telephone canvassing or off-premises, without having to give reasons for their decision or bear any costs other than those provided for in Articles L221-23 to L221-25.
The period referred to above shall run from:
1° The date on which the Contract is concluded, in the case of contracts for the provision of services and those referred to in Article L221-4;
2° The date on which the consumer, or a third party other than the carrier and designated by the consumer, receives the goods, in the case of contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise their right of withdrawal from the date on which the Contract is concluded.
Where an order covers several goods delivered separately, or a single item consisting of several batches or parts delivered over a defined period, the withdrawal period shall run from receipt of the final item, batch or part.
For contracts providing for the regular delivery of goods over a defined period, the withdrawal period shall run from receipt of the first item.
Article L221-23 of the French Consumer Code
The consumer shall return or hand over the goods to the professional, or to a person designated by the professional, without undue delay and no later than fourteen days after communicating their decision to withdraw in accordance with Article L221-21, unless the professional offers to collect the goods itself.
The consumer shall bear only the direct cost of returning the goods, unless the professional agrees to bear that cost or has failed to inform the consumer that the cost is payable by them. However, for contracts concluded off-premises where the goods are delivered to the consumer’s home at the time the Contract is concluded, the professional shall collect the goods at its own expense if, because of their nature, they cannot normally be returned by post.
The consumer shall only be liable for any reduction in the value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and proper functioning, provided that the professional has informed the consumer of their right of withdrawal in accordance with Article L221-5(7°).
Article L221-24 of the French Consumer Code
Where the right of withdrawal is exercised, the professional shall reimburse the consumer for all sums paid, including delivery costs, without undue delay and no later than fourteen days from the date on which it is informed of the consumer’s decision to withdraw.
For contracts for the sale of goods, unless the professional offers to collect the goods itself, it may defer reimbursement until it has recovered the goods or until the consumer provides proof that the goods have been dispatched, whichever occurs first.
The professional shall make the reimbursement using the same means of payment as that used by the consumer for the original transaction, unless the consumer expressly agrees to another means of payment and provided that such reimbursement does not result in any fees for the consumer.
The professional shall not be required to reimburse additional costs where the consumer has expressly chosen a more expensive method of delivery than the standard method offered by the professional.
Article L221-25 of the French Consumer Code
If the consumer wishes the performance of a service or of a Contract referred to in the first paragraph of Article L221-4 to begin before the end of the withdrawal period provided for in Article L221-18, and if the Contract requires the consumer to make a payment, the professional shall obtain the consumer’s express request by any means for contracts concluded at a distance and on paper or another durable medium for contracts concluded off-premises. The professional shall ask the consumer to acknowledge that, once the Contract has been fully performed, the consumer shall no longer have a right of withdrawal.
A consumer who exercises their right to withdraw from a contract for the provision of services, or from a Contract referred to in the first paragraph of Article L221-4, where performance began at their express request before the end of the withdrawal period, shall pay the professional an amount corresponding to the service provided up to the date on which the consumer communicated their decision to withdraw. This amount shall be proportionate to the total price agreed in the Contract. If the total price is excessive, the appropriate amount shall be calculated on the basis of the market value of the service actually provided.
No amount shall be payable by a consumer who has exercised their right of withdrawal if their express request was not obtained in accordance with the first paragraph or if the professional failed to comply with the information requirement provided for in Article L221-5(9°).
Article L221-26 of the French Consumer Code
A consumer who has exercised their right to withdraw from a Contract for the supply of digital content not provided on a tangible medium shall not be liable for any payment where:
1° The professional did not obtain the consumer’s prior express consent for performance of the Contract to begin before the end of the withdrawal period, together with confirmation that the consumer acknowledged that they would lose their right of withdrawal once the Contract had been fully performed at their express request;
2° The Contract does not contain the information required by the third paragraph of Article L221-9 and the second paragraph of Article L221-13.
Article 7. Insurance and Guarantees
7.1 Insurance
The Company has taken out professional liability insurance with a recognised solvent insurer covering the financial consequences for which it may be liable in connection with the performance of its services.
7.2 Guarantees
The Client is informed that they benefit from the following statutory guarantees:
The warranty against defects in the goods sold, provided for in Articles 1641 to 1649 of the French Civil Code: the Company guarantees the Client against hidden defects in the goods sold which render them unfit for their intended use or which impair that use to such an extent that the Client would not have purchased them, or would have paid a lower price for them, had they been aware of those defects. Apparent defects which the Client could have identified themselves are excluded from this warranty. Any claim under this warranty must be brought within two years of discovering the defect and no later than five years after the sale.
The statutory guarantee of conformity, provided for in Articles L217-4 to L217-14 of the French Consumer Code: the Company guarantees the Client against any lack of conformity appearing within two years of delivery of the goods sold and existing on the date of delivery. A lack of conformity includes any defect rendering the goods unfit for the use normally expected of similar goods, including any failure to correspond to the description provided by the Company or any absence of a quality which the Client could legitimately expect in view of statements made by the Company. A lack of conformity also includes the failure of the goods sold to have characteristics mutually agreed between the Client and the Company or their inability to meet a specific purpose stated by the Client and accepted by the Company. Any lack of conformity appearing within 24 months of delivery shall be presumed to have existed on the date of delivery where the goods sold are new, or within six months where the goods sold are second-hand. The Client may choose between repair and replacement of the goods sold unless that choice entails a manifestly disproportionate cost, in which case the Company may use the alternative remedy. By way of exception, the Client may either return the goods and obtain reimbursement of the purchase price and ancillary costs of the sale, or retain the goods and obtain reimbursement of part of the purchase price in the circumstances listed in Articles L217-4 to L217-14 of the French Consumer Code.
Any request made in this respect must state the Client’s surname, first name, postal address and email address and must be sent to the Company’s email or postal address or, failing that, to: contact@segur.eu
Article 8. Personal Data
The Client’s personal data are collected by the Company for the management and provision of the Services and, subject to the Client’s consent, for the purpose of sending the Client offers for ancillary Services provided by the Company, communicating offers from the Company’s partners and sending the Company’s news and updates.
The Company shares the Client’s personal data solely for these purposes with third parties processing such data on its behalf. The Company undertakes not to disclose any personal information to any other third party without the Client’s authorisation, except where disclosure is required by law, regulations or the courts.
The Company undertakes to retain the Client’s personal data in accordance with applicable legislation, including the French Data Protection Act (Loi Informatique et Libertés) of 6 January 1978, as amended by the Law of 20 June 2018 on the protection of personal data, Directive 95/46/EC on data protection and any associated regulations or instruments, as well as any other laws, regulations, regulatory requirements and codes of conduct applicable to either Party in relation to data protection, or any legislation, regulations, rules and codes of conduct transposing or replacing the foregoing, including Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
Lastly, in accordance with the French Data Protection Act of 6 January 1978, as amended by the Law of 20 June 2018 on the protection of personal data, the Client may at any time exercise their right of access to their personal data, their right to object and their right to rectification or erasure. Any request made in this respect must state the Client’s surname, first name, postal address and email address and must be sent:
By email to: contact@segur.eu
By post to: 10 rue de Penthièvre, 75008 PARIS.
Article 9. Force Majeure
Pursuant to Article 1218 of the French Civil Code, the Company shall not be held liable where the non-performance or delayed performance of any of its obligations described in these Terms and Conditions results from an event of force majeure, as defined by applicable law and the courts.
Force majeure means any event beyond the control of the party subject to the obligation which could not reasonably have been foreseen when the Contract was concluded and whose effects could not be avoided by appropriate measures.
Article 10. Consumer Dispute Mediation
After contacting the relevant department of the Company and failing to receive a satisfactory response within 60 days, the Client may refer the matter to a Mediator whose contact details are as follows:
The national consumer mediator for the profession of professional genealogists, included on the list established by the French Consumer Mediation Evaluation and Control Commission, is currently:
Mr Gérard GAUCHER
By post:
51 Chemin des Grands Moulins
69400 GLEIZE
FRANCE
By email:
contact@mediateurconso-genealogistesfrance.fr
The mediator’s role is to attempt, independently and impartially, to bring the parties together with a view to reaching an amicable settlement. The Client nevertheless remains free to accept or refuse mediation and to bring proceedings before the competent courts.
The Client is also informed that they may use the European Online Dispute Resolution (ODR) platform:
www.ec.europa.eu/consumers/odr/
Article 11. Bloctel Telephone Preference Service
A Client who does not wish to receive telephone marketing calls is informed of their right to register on the French telephone marketing opt-out list provided for in Article L223-1 of the French Consumer Code, via www.bloctel.gouv.fror by writing to:
Société Opposetel
Service Bloctel
6 rue Nicolas Siret
10000 TROYES
FRANCE
Any person registered on this list may not be contacted for telephone marketing purposes, except where a pre-existing contractual relationship exists or where the person concerned has expressly requested such contact for a period determined by them or, failing that, within three months of the date of their request.
Registration is free of charge and valid for three years from confirmation of registration on the list.
Article 12. Language of the Terms and Conditions
These Terms and Conditions are drawn up in French. Any translation produced, communicated or made available to the Client, in any form or by any means whatsoever, is provided for information purposes only. The French version alone shall be legally binding.
Article 13. Governing Law
This Contract shall, as regards its validity, interpretation and performance, be governed by French law.
Article 14. Settlement of Disputes and Jurisdiction
Any dispute relating to these Terms and Conditions shall fall within the jurisdiction of the court of the Client’s place of residence, unless the Client chooses to bring the dispute before another competent court, such as the court for the place where the Client resided when the Contract was concluded or the place where the Client resided when the event giving rise to the damage occurred.
Article 15. Electronic Signature
The Parties, namely the Company and the Client, agree that the electronic signature of these Terms and Conditions shall have the same evidential value as a handwritten signature on paper, in accordance with Articles 1366 and 1367 of the French Civil Code and European regulations on electronic identification and trust services for electronic transactions (eIDAS), and may validly be relied upon against either Party.
WITHDRAWAL FORM
To comply with the withdrawal period, the Client need only send their declaration exercising their right of withdrawal before the expiry of the 14-day period, by email to the Company at the address specified in the Contract or, failing that, to the following address:
10 rue de Penthièvre 75008 PARIS FRANCE
If the 14-day period expires on a Saturday, Sunday, public holiday or non-working day, it shall be extended until the next working day.