French Property Marketplace General Terms of Use

This document (together with the documents referred to in it) advises you of the terms and conditions on which you may access and use our website French Property Marketplace.com whether as a visitor or Registered User.

Please read these Terms carefully and make sure that you understand them before you start using French Property Marketplace. By using French Property Marketplace, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms please do not use French Property Marketplace.

If you apply to become a Registered User you will be asked to click to “Accept” these Terms. If you do not do so, you will not be able become a Registered User. Where you do not click to “Accept” but continue to use French Property Marketplace as a Visitor your continued use of French Property Marketplace will indicate acceptance of these Terms.

Information About Us

French Property Marketplace.com is operated by Pascale Chauvigné auto entrepreneur trading as “French Property Marketplace” (“we”, “our”, “us”).

We are registered in France under Siret 91131870700013.

Our registered office is a private address Verrie, 49400, France. If you require this information, please contact us via the contact form on French Property Marketplace.com.

Our main trading address and address for correspondence is a private address in 23 rue Principal, 49400, Verrie. If you require information, please contact us via the contact form on French Property Marketplace.com.

We are not registered for VAT / TVA.

Definitions used in these Terms

“Property” and “Properties” means real estate property

“Confirmation” means our e-mail confirmation to you that you have become a Registered User

“Content” means the data, text, information, adverts, messages, details, screen names, photographs, graphics, software, files, sounds, static and mobile images and all other material on French Property Marketplace.

“Items” means all properties offered for sale or rent that have been Posted on French Property Marketplace.

“Minor” means a person under 18 years of age.

“Post” means display, exhibit, publish, distribute, upload, transmit and/or disclose and the words “Posted” and “Posting” shall be interpreted accordingly.

“French Property Marketplace” means all web advertising available under the domain French Property Marketplace.com.

“Registered User” means anyone who has a French Property Marketplace account.

 

“Services” means all or any services promoted on French Property Marketplace.

“Terms” means these Terms of Use, our Privacy and Cookies, our Advert publication rules and any documents to which they refer.

French Property Marketplace is a Venue for Web Advertising relating to Real Estate

French Property Marketplace is a venue for web advertising containing real estate items for sale or rent. Sellers or landlords may create web adverts and potential buyers, or potential tenants may find items through these web adverts.

We are not responsible for contracts for the supply of goods, services or information formed through French Property Marketplace (or as a result of visits made to French Property Marketplace.com) between you and other French Property Marketplace users. We are simply a venue for web advertising containing items for sale.

Any contract is between the buyer and the seller or landlord and tenant and is subject to the terms and conditions which are implied by law or which the buyer or tenant and seller or landlord and tenant agree between themselves or both. French Property Marketplace is not a party to the contract between the seller and buyer or landlord and tenant nor is French Property Marketplace liable under it.

We do not provide any warranties or assurances in relation to the Items you purchase (or attempt to purchase) from third party sellers through French Property Marketplace, or from companies to whose website we have provided a link on French Property Marketplace, and any such warranties and assurances are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third-party seller. If you would like information about your legal rights, you should contact DGCCRF https://www.economie.gouv.fr/dgccrf/Publications/Vie-pratique/Fiches-pratiques-de-la-concurrence-et-de-la-consom

Access to French Property Marketplace

From time to time, we may restrict access to some parts of French Property Marketplace or the whole of French Property Marketplace to Registered Users or just Upgraded Users.

You are responsible for making all arrangements necessary for you to have access to French Property Marketplace. You are also responsible for ensuring that all persons who access French Property Marketplace through your internet connection are aware of these Terms and that they comply with them.

Membership Accounts and Usernames

You may create only one membership account per person. You may not assign, transfer or otherwise deal with your membership.

Your username must not:

contain any swear words or expletives or any words which could be construed as such in any language; or

damage our goodwill or reputation or that of any entity with which we are associated including in each case officers, employees, personnel, members, customers and stakeholders; or

breach our or any third-party rights; or

 

imply any connection with us. For example, your username must not include the word “French Property Marketplace” nor must it use any of our trademarks or any confusingly or colourably similar words or expressions.

If in our opinion you breach the clauses in this section, we may, without prejudice to our other rights and remedies, require you to change your username or change it ourselves.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of the Terms.

You are responsible for any use of French Property Marketplace under your password and login details. We have no responsibility for such use. If you become aware of any unauthorised use of your password or login details, please contact us immediately at Contact Us.

Registered Users

By becoming a Registered User, you warrant that:

(a) you are legally capable of entering into binding contracts; and

(b) you are at least 18 years old.

Your application to become a Registered User constitutes an offer by you to us to enter into a binding contract with us to become a Registered User. We do not have to accept your application. We will act in accordance with the law when deciding whether or not to accept your application.

A contract, in relation to your use of French Property Marketplace as a Registered User, will come into existence and these Terms shall become binding on you in respect of such use and us when you begin to use French Property Marketplace as a Registered User.

English is the only language in which this contract may be concluded.

We store previous versions of our Terms. To request a particular version of our Terms contact us at Contact Us.

Posting to French Property Marketplace

You are solely responsible for your Content when using French Property Marketplace. We are not responsible, or liable whatsoever, for the content or accuracy of any Content Posted by you or any other user of French Property Marketplace.

You must not use or allow anyone else to use French Property Marketplace to Post any Items, Content or other materials that:

(a) do not meet the Publication Rules detailed in the document French Property Marketplace Advert Publication Rules

(b) breach any of the terms and conditions in this document

Acceptable Use of the French Property Marketplace

You may use French Property Marketplace only for lawful purposes.

You may not use French Property Marketplace:

In any way that breaches our guidelines published in the Help menu.

In any way that breaches any applicable local, national or international law or regulation.

In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

In any way that involves the sale of counterfeit or stolen Items.

For the purpose of harming or attempting to harm minors in any way.

To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards listed below.

To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

To transmit, or procure the sending of, any advertising or promotional material or any other form of similar messages which promote services or websites which compete with French Property Marketplace, or which damage the reputation of French Property Marketplace.

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use published at French Property Marketplace Terms and Conditions.

To state whether or not any items advertised are offered in the course of trade or business.

You are legally entitled to offer the items which you advertise.

Your Posts comply with all applicable laws, regulations and industry codes of practice. Including, without limitation, the French Codes of Advertising, Sales Promotion and Direct Marketing.

Not to access without authority, interfere with, damage or disrupt:

any part of French Property Marketplace;

any equipment or network on which French Property Marketplace is stored;

any software used in the provision of French Property Marketplace; or

any equipment or network or software owned or used by any third party.

Content Standards

These content standards apply to any and all material which you contribute to French Property Marketplace (contributions), and to any interactive services associated with it.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

Be accurate (where they state facts).

Be genuinely held (where they state opinions).

Comply with applicable law in France and in any country from which they are posted.

Contributions must not:

Contain any material which is defamatory of any person.

Contain any material which is obscene, offensive, hateful or inflammatory.

Promote sexually explicit material.

Promote violence.

Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

Infringe any copyright, database right or trademark of any other person.

Be likely to deceive any person.

Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

Promote political views.

Promote any illegal activity.

Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience, or needless anxiety.

Be likely to harass, upset, embarrass, alarm or annoy any other person.

Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

Give the impression that they emanate from us if this is not the case.

Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You must not take any action that restricts or inhibits others from enjoying French Property Marketplace.

You undertake that any Content posted by you will comply with the standards in this document and you indemnify us for any breach of that undertaking.

Any Content you Post to French Property Marketplace will be considered non-confidential and non-proprietary. By Posting Content you grant to us an irrevocable, worldwide, royalty free and sub-licensable licence and right to use, copy, distribute and disclose to third parties any such Post and Content for any purpose.

No Duty to record User Activity

We are under no duty to you to monitor or record the activity of any French Property Marketplace user.

We have the right (but not the obligation) to monitor any Posting or Content and we have the right to refuse, reclassify or remove any Post or edit any Content, for example (but without limitation) if:

 

(a) in our opinion, such material does not comply with our Terms; or

(b) we are notified that it may be offensive, illegal or defamatory.

Storage of Content

We assume no responsibility for the deletion or failure to store, deliver or timely delivery of messages or other Content.

Other Users of French Property Marketplace: Risks

You understand that by using French Property Marketplace you may receive or be exposed to third party content, if the website is compromised by hacking etc. which you may find indecent, offensive or objectionable, you use French Property Marketplace at your own risk and we are not responsible for such third-party content.

You understand that we cannot verify the identity of users. This means that some users may not be who they say they are.

Minors

Minors are not permitted to become Registered Users French Property Marketplace.

Parents and guardians are responsible for supervising Minors when they use French Property Marketplace and undertake to us to do so. This is not our responsibility.

Privacy and Data Protection

We process information about you in accordance with our Privacy and Cookies Policy. By using French Property Marketplace, you consent to such processing and you warrant that all data provided by you is accurate.

Third Party Rights Owners

We have the right to disclose your identity (and the relevant Content) to any third party who is claiming that your behaviour or any Content Posted or Item advertised is illegal, breaches these terms, is in violation of intellectual property rights or in some other way infringes that third party’s rights.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in French Property Marketplace and in Content Posted on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off, and may download extracts, of any page(s) from French Property Marketplace for your personal reference and you may draw the attention of others to Content Posted on French Property Marketplace.

You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use Content separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of Content on French Property Marketplace must always be acknowledged.

You must not use any part of the Content on French Property Marketplace for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of French Property Marketplace in breach of these terms of use, your right to use French Property Marketplace will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.

Trademarks

French Property Marketplace and the Roof Flag logo is a trademark of Pascal Chauvigné.

Linking to French Property Marketplace

You may link to French Property Marketplace, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

French Property Marketplace must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use clauses in this document.

If you wish to make any use of material on French Property Marketplace other than that set out above, please contact us at Contact Us.

Links From French Property Marketplace

Where French Property Marketplace contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Viruses, Hacking and Other Offences

You must not misuse French Property Marketplace by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to French Property Marketplace, the server on which French Property Marketplace is stored or any server, computer or database connected to French Property Marketplace. You must not attack French Property Marketplace via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the EU Computer Misuse Acts. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use French Property Marketplace will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of French Property Marketplace or to your downloading of any material posted on it, or on any website linked to it.

Limitation Of Liability

The material displayed on French Property Marketplace (including without limitation Content and Posts) is provided without any guarantees, conditions or warranties as to its accuracy.

 

Nothing in these Terms limits or excludes our liability for death or personal injury arising from our negligence, or our liability for our fraudulent misrepresentation or our misrepresentation as to a fundamental matter nor for any other liability which cannot be excluded or limited under applicable law.

Subject to the clause above, to the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with French Property Marketplace or in connection with the use, inability to use, or results of the use of French Property Marketplace, any websites linked to it and any materials posted on it, including, without limitation any liability for:

(i) loss of income or revenue;

(ii) loss of business;

(iii) loss of profits or contracts;

(iv) loss of anticipated savings;

(v) loss of data;

(vi) loss of goodwill;

(vii) wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

21.4 Without prejudice to the general limits on our liability referred to in the above clauses:

(a) we are under no obligation to you to monitor or record the Postings, Content or other activities of users of French Property Marketplace;

(b) we do not assume any responsibility for the quality, safety or legality of Items;

(c) we do not assume any responsibility for the truth or accuracy of any Postings or Content;

(d) we make no promises, warranties or guarantees about your ability to buy or sell Items using French Property Marketplace;

(e) we are not responsible for third parties. For example, it is not our responsibility if a seller does not deliver Items, if the Items are not as described or if a buyer does not pay for Items.

No Reliance

Commentary and other materials posted on French Property Marketplace are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to French Property Marketplace, or by anyone who may be informed of any of its contents.

Events Outside Our Control

We will not be liable or responsible for any matter arising out or in connection with events outside our reasonable control, including without limitation:

(a) strikes, lockouts or other industrial action;

(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or

(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or

(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or

(e) impossibility of the use of public or private telecommunications networks.

each a (“Force Majeure Event”).

Our obligations shall be suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms can be performed despite the Force Majeure Event.

Interruption of Service

Access to French Property Marketplace is permitted on a temporary basis. We reserve the right to interrupt, withdraw or amend the Service without notice. For example, if it is necessary or desirable for us to interrupt the Service (for example for routine maintenance) then we may do so without telling you first.

You agree that we are not liable to you for any loss whether foreseeable or not arising out of or in connection with unavailability or interruption of the Service. except that, if you are an Upgraded User and the Service has been unavailable for a continuous period of 7 days your only remedy is to terminate your contract and we will refund the unused portion of your fees.

Suspension and Termination

You may terminate your registration at any time, for any reason, with immediate effect by contacting us via Contact Us. We reserve the right to check the validity of any request to terminate registration.

We may terminate your registration at any time, for any reason, with immediate effect by contacting you at your last known postal or e-mail address.

We may terminate your registration without notice if you breach our Terms and Conditions

We will determine, at our discretion, whether there has been a breach of the terms and conditions in this document through your use of our site. When a breach of the terms and conditions in this document has occurred, we may take such action as we deem appropriate.

Failure to comply with the terms and conditions in this document constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our site.

Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

Issue of a warning to you.

Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

Further legal action against you.

Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of the terms and conditions in this document. The responses described in the terms and conditions in this document are not limited, and we may take any other action we reasonably deem appropriate.

Refund Policy

If you terminate your registration for reasons other than our breach, then we will not refund to you any monies.

If we terminate for reasons other than your breach, then we will within fourteen days refund to you the balance of any monies which you have paid to us (and we have received) which relate to Services to be provided (but not provided) after the date of termination.

Other Consequences of Ending Our Contract

Termination by either party shall have the following effects:

(a) Your right to use the Services shall immediately cease;

(b) We are under no obligation to forward any unread or unsent messages to you or any third party.

Termination will not affect either party’s outstanding rights or duties up to the date of termination, including our right to recover from you any money you owe to us.

Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using French Property Marketplace, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Notices

All notices given by you to us must be given to Pascal Chauvigné via our Contact Us page on the website. We may give notice to you at either the e-mail or postal address you provide to us when you register or by posting the information on French Property Marketplace. Notice will be deemed received and properly served immediately when posted on French Property Marketplace, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. Delivery is still deemed to have taken place if the notice has been the subject of action by a spam filter.

Transfer of Rights and Obligations

The contract between you and us is binding on you and us and on our respective successors and assignees.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. We will notify people with current contracts with French Property Marketplace of any such transfer and the reasons for it.

Waiver

If we fail, at any time during the term, to insist upon strict performance of any of your obligations, or if we fail to exercise any of the rights or remedies to which we are entitled, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

A waiver by us of any default will not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Entire Agreement

These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

Nothing in this clause limits or excludes any liability for our fraud.

Severance

If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

Status

Nothing is intended to or shall be deemed to establish any partnership of joint venture between us or make either of us an agent or employee of the other.

Third Party Rights

A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under any French or EU Contracts (Rights of Third Parties) Act

Dispute Resolution

If any dispute arises out of or in connection with French Property Marketplace, we will first attempt to settle it by mediation in accordance with the appropriate French or EU Effective Dispute Resolution Mediation Procedure. Unless otherwise agreed between us, the mediator will be nominated.

Jurisdiction and Applicable Law

The French courts will have non-exclusive jurisdiction over any claim arising from, or related to, French Property Marketplace although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of France.

Copyright Notices

Contains Google Maps data © copyright and database right.

Contains PayPal branding © PayPal copyright and database right.

Your Concerns

If you have any concerns about material which appears on French Property Marketplace, please contact us at Contact Us.

Changes to the terms and conditions in this document

We may revise the terms and conditions in this document at any time by amending this document. You are expected to check this page from time to time to take notice of any changes we make, which will be highlighted for a period of one month, as they are legally binding on you. Some of the provisions contained in the terms and conditions in this document may also be superseded by provisions or notices published elsewhere on our site.

 

 

The terms and conditions in this document were last revised 01/10/2023

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