1. Site mission and purpose

1.1 Mission of the site

The Properties de Charme website accessible at the address www.proprietesdecharme.com is a luxury real estate site, an independent luxury real estate advertisement portal.

In order to guarantee a rigorous selection of luxury goods and properties to Internet users, users and visitors of the site and in particular to people looking for luxury real estate to buy, the Properties de Charme site has defined eligibility criteria to accept the publication of advertisements on its site by its advertising partners.

The luxury real estate portal Properties de Charme thus guarantees its users, with a publication barrier of 600,000 €uros minimum for the real estate transaction, to find on the site only high-quality luxury properties for its customers. of the most demanding international buyers in search of the art of living and refinement, who wish to purchase a unique and exceptional luxury property.

Luxury real estate in France and internationally, sale of charming, luxury and prestige goods and properties, the Properties de Charme website is a multimedia website, content host, which allows you to connect real estate agencies luxury and prestige, home real estate agents and independent commercial agents specializing in high-end real estate transactions, notaries and lawyers with exceptional goods and properties: luxury villas right on the beach water, private hotels, castles and manors, equestrian and hunting estates or properties, luxury and exceptional apartments, luxury penthouses, prestigious chalets, charming residences and houses, atypical properties...

Any beautiful, unique and exceptional residence with a luxury stamp for sale in France or internationally, in the city, by the sea, in the mountains or in the countryside.

1.2 Purpose
These general conditions of sale define the conditions according to which,

EI Synergie Conseil

Operation of commercial or non-commercial websites
RCS 448288498 – Siret 44828849800018 – VAT number: FR82448288498
Legal headquarters: 20, rue Quinquet – 02200 Soissons (Aisne) – France

Publication Director: Mr. Jérôme Drouet

makes available to its clients real estate advertisers or other advertisers, on its Site indicated above, its services for online publication of real estate sales advertisements and for advertising or institutional communication inserts,

Hereinafter referred to as the “Site” or “Charming Properties”,

2. Acceptance of the general conditions of sale

These conditions become contractual between the Properties de Charme Site and the advertiser from the first publication of the ad and at the latest upon payment of the insertion.

Advertisers are invited to read the General Conditions of Sale.

Any service provided by the Properties de Charme Site therefore implies the buyer's unreserved acceptance of these General Conditions of Sale. Publish ads on Charming Properties .

3. Concerned real estate clients/advertisers

 ALL LUXURY REAL ESTATE PROFESSIONALS IN FRANCE 

• luxury real estate professionals in France, luxury real estate agencies, holding a transaction or management card in accordance with Hoguet law n°70-9 of January 2, 1970
• real estate agents at home or commercial real estate agents, specialized in luxury goods holding an authorization certificate in accordance with the Hoguet law n°70-9 of January 2, 1970
• notaries and lawyers carrying out the activity of agent in real estate transactions on an ancillary basis and holding a portfolio of luxury goods

ALL LUXURY REAL ESTATE PROFESSIONALS ABROAD

• luxury real estate professionals abroad authorized in their country of origin to offer, sell or rent luxury real estate on behalf of third parties

INDIVIDUAL OWNERS OF LUXURY REAL ESTATE

• subject to acceptance by the site and exceptionally, individuals who own a luxury property for sale

4. Eligibility criteria for publishing a real estate ad

Properties de Charme indicates its eligibility criteria to accept the publication of a property.

Real estate sale: 600,000 €uros minimum

The luxury real estate portal Properties de Charme is not intended to accept:

• the publication of advertisements for properties for sale offered in VEFA (Sale in the future state of completion)
• the publication of advertisements for goods illustrated with synthetic photos (no new programs)
• the publication of advertisements for goods offered off-market (without any representative photo of the property)
• the publication of advertisements for properties whose main photo (head photo) is a landscape or other (without any photo representative of the property)

5. Creation/opening of an advertiser account

The advertiser guarantees the accuracy of his identity and undertakes to correct or modify the information transmitted when opening his account as soon as he becomes aware of a change likely to affect the services offered within the framework of his announcement, in particular change of address, telephone contact details, e-mail address.

6. Order validity

For individuals: by ordering a product from the Site https://www.proprietesdecharme.com, the user expressly agrees to waive the exercise of their right of withdrawal of seven clear days and this in application of the provisions of the Article L.121-20-2-1 of the Consumer Code which provides that said right of withdrawal cannot be exercised unless the parties have agreed otherwise, for contracts for the provision of services whose execution began with the consumer's agreement, before the end of the seven-day period.

No right of withdrawal can therefore be concerned for products ordered on the Site by an individual (owner advertisement), access to the interface for posting the advertisement online being made available to the advertiser as soon as opening your account and paying for the ad.

7. Duration of publication

Advertisements are published on the site during their validity period defined in the order which cannot be modified by the wishes of the advertiser, under the entire responsibility of the latter.

8. Publication rates

Prices are defined in the description of our various offers and are subject to change without notice.

The Site reserves the right to modify publication rates at any time.

No total or partial refund can be requested for any reason whatsoever, as soon as an ad is published on the site or an ad pack has been purchased, the advertiser having access to the creation interface and placing ads online within 7 days of ordering and opening your account.

For current advertisements, the new prices will only be applicable at the time of renewal of the subscription, on the anniversary of the first display of the advertisement.

If the advertiser wishes to interrupt the publication of his ad online before the end of the publication period defined when ordering, he will not be able to claim any price reduction.

9. Billing and payment for advertisements

Announcements can be paid directly when ordering using a secure online payment system or according to other terms defined when ordering for orders placed on paper, including by electronic signature.

Products ordered or advertising orders, including on paper, are generally payable upon signing the order online or on any other medium but may be subject to specific payment conditions.

Regular customers will be able to pay invoices according to other terms defined between the service provider and the customer.

Any late payment automatically entails:

• suspension of execution of the distribution/advertising/advertising insert contract;
• the immediate payment of all sums remaining due and orders or advertising orders currently valid but not yet invoiced;
• cash payment for any new order or suspension of their execution;
• late payment interest calculated at the legal interest rate in force;
• the payment of compensation of 10% of the sums due under the penalty clause, in addition to possible legal costs.

10. Access to ad administration interface

The advertiser is solely responsible for keeping the passwords and access codes provided to him when opening his account.

It is up to him to implement the precautionary and security measures necessary for their protection.

In the event of loss or theft or, if he becomes aware of the use of his access code by an unauthorized third party, the advertiser undertakes to immediately notify the Site and no longer use his account. .

The Site cannot be held responsible for the fraudulent use of the password and access code by third parties who manage to steal and/or use them.

11. Right to reproduce and distribute advertisements

The Site is entitled to reproduce, in part or in full, all photographs downloaded and provided by the advertiser.

The advertiser authorizes the Site to distribute its ad in part or in full (text + photos) on all communication media, in particular for its own promotion.

By publishing advertisements on the Properties de Charme site, the advertiser expressly authorizes the Site to reproduce and distribute the real estate advertisements, the photographs downloaded and provided by the advertiser as well as the descriptive text of the property, on the social network accounts of the property. Properties de Charme Site, namely Facebook, Twitter, Instagram, YouTube, Linkedin, Pinterest and all social network accounts that the Properties de Charme Site could open in the future, without the advertiser being able to object.

12. Copyright on published photos and texts

The advertiser certifies that he is the owner of the copyright on the photos and texts he provides and undertakes to transmit faithful and sincere information.

The advertiser guarantees that he holds the copyright relating to said content, or is authorized by the holder for the publication of his advertisement on the Site.

It is the responsibility of the advertiser, where applicable, to obtain permission to reproduce any photographs or other types of content used in its advertisements.

The Site cannot be held responsible for any violation of copyright resulting from content provided by advertisers, and they undertake to compensate the Site for any claim for damages resulting from a violation of copyright. or other rights arising from the use of content provided by advertisers.

13. Writing and validity of an advertisement

Generally speaking, each professional or individual advertiser declares that they are aware of the legislation applicable to them regarding the dissemination of real estate advertisements and as such must comply with their legal and regulatory obligations in matters of advertising, the Site does not not being responsible for the content of advertisements which are written and activated online under the full civil and tort liability of the advertiser.

The advertiser must check before publishing his ad that:

• the characteristics, descriptions and photos appearing therein are not misleading to the public to which it is addressed;
• that he has the legal capacity to undertake to provide the service or good he is presenting;
• that he actually has the right, under the rules governing intellectual property and image rights, to distribute the photographs, drawings, reproductions which he intends to use to illustrate his advertisement.

The advertiser is prohibited from publishing an advertisement that does not meet the objective of the Site (in particular unrelated to the content of the page on which it is displayed), likely to mislead the visitor to the Site about the quality of the content presented or containing elements likely to be contrary to the law and ethics.

The advertiser undertakes to scrupulously respect the eligibility criteria defined above.

Each listing is for a specific property.

Each ad must be illustrated by at least one representative photo of the property to be sold or rented.

The price must be indicated when creating an ad and be displayed online, however the advertiser has the option of displaying the price mention on request if he wishes.

For advertisements in France, the indication of the Energy Performance Diagnosis (DPE) and Greenhouse Gas (GHG) is mandatory.

The mention of the debtor of the fees is obligatory in France: in this regard the advertiser declares that he is fully aware of the rules in force applicable to the display of prices and the obligatory notices on real estate advertisements and undertakes to respect them.

The property appearing in a listing cannot be replaced by another.

Only one property or asset can appear on each ad unless it is a property or asset with multiple units at the same address.

The insertion of photos containing text is prohibited under penalty of immediate deletion of the ad or photo concerned; only the advertiser's logo can be embedded in a photo.

Only the advertiser's logo can be inserted in a photo: the words "for sale", "sold", "under compromise", "purchase offer in progress", telephone number of the advertiser, address of the website of the the advertiser or any mention which would resemble an advertising message for the advertiser are prohibited: the site may delete a photo containing such a mention or permanently delete the publication of the advert concerned without possible compensation for the advertiser.

If he provides photos showing the interior or exterior facades of the property, he certifies that these faithfully represent the property that is the subject of the advertisement.

Editing several photos or shots into a single photo or image is strictly prohibited under penalty of immediate deletion of the ad or photo concerned.

When creating the ad, the advertiser will be careful not to use subjective adjectives such as 'beautiful, magnificent, exceptional, etc.' for the description of the property subject of the advertisement.

If necessary, the Site may modify the text presenting the property to make it understandable to as many people as possible, the advertiser remaining solely responsible towards third parties for the content published.

14. Hyperlinks in ads

The Site reserves the right to refuse the inclusion, in advertisements, of addresses of other Internet sites or hypertext links leading to such sites, and it reserves the right to delete said addresses or said links without notice and in a discretionary manner.

15. Advertiser responsibilities

Advertisements are made, modified or canceled by advertisers under their sole responsibility.

The Site is not intended to verify the accuracy of their content or their validity over time.
The Site will in no case be liable to the advertiser for any indirect damage suffered, including any loss of profits.

Only the responsibility of the advertiser is incurred by his advertisement and he expressly releases the Site from any civil or criminal liability towards third parties.

The Site cannot under any circumstances be held responsible for the content or absence of information or updating of the advertisements published on its Site, these being exclusively written and updated by the advertisers themselves.

Otherwise, the Site reserves the right to remove access to the ad concerned until the content is modified, without compensation for the advertiser, or even the permanent deletion of the ad.

The Site also reserves the right to refuse the publication of a new advert by the same advertiser who cannot demand any reimbursement of the sums incurred for the publication of the advert having been deleted by the Site after possible request to modify your advert from the advertiser remained unanswered.

The advertiser undertakes to respond to requests from Internet users contacting it via online forms and will deal with them without the direct or indirect intervention of the Site.

The advertiser declares to know and respect the legal provisions concerning rental, sale or seasonal rental.

The Site reserves the right to format the texts or modify the arrangements or the order of publication and appearance of the photographs provided to it if it considers it necessary and, at its discretion, to change, modify and format the texts and advertisements entered by advertisers in the Site's online database.

The Site cannot be held responsible for any loss or damage resulting from the presentation or positioning of advertisements on the Site, or from changes made to photographs and texts submitted by the client.

The Site accepts no legal responsibility for the accuracy of advertisements published on the Site, or for any alleged breach of contract on the part of an advertiser.

Where applicable, the advertiser undertakes to indemnify the Site for all costs, expenses and losses resulting from a claim for compensation linked to the content of an advertisement.

The Site does its best to faithfully reproduce all advertisements submitted to it but cannot be held responsible for any loss, damage or other damage suffered due to errors or omissions.

The Site reserves the right to modify the text of an advertisement or to delete it if more than one property or more than one good is described in this advertisement.

The advertiser acknowledges that the Site is the sole decision-maker regarding:

• the formatting of the information contained in the ad;
• the selection of information to be published;
• the order in which the announcements are published;
• the Site's own content;
• advertisements and various Internet links other than those directly linked to advertisements from individuals or professionals present on the Site;
• and more generally the conditions of publication of advertisements.

The advertiser acknowledges that the conditions of publication of advertisements may be modified without notice by the Site, without it being able to claim any damage or compensation.

By using or continuing to use the Site you express your agreement to the terms and conditions of this liability commitment.

16. Right to modify or delete an advertisement

Advertisers can request that their ad be removed from the site before the expiration of their subscription but in this case they are not entitled to any compensation.

The site also reserves the right to refuse the publication of any advertisement on the site which would be contrary to the editorial line of the site without this giving the right to compensation.

If an advertiser attempts to post inappropriate content to the Site's online database or repeatedly misuses online systems, the Site reserves the right to remove the property(ies) from the Site. the advertiser concerned, without any compensation.

If, following a visit or a stay, the Internet user were to detect an essential lack of information or that information published in an advertisement does not correspond to reality, he can report it to the site by e-mail without this does not necessarily trigger a procedure.

The site reserves the right to modify or delete advertisements or user accounts without notification in the following cases:

• Advertisements or advertiser accounts presenting incomplete, illicit or fanciful content;
• Advertisements or advertiser accounts presenting fraudulent or untrue content;
• Abuse or misappropriation of the Services offered;
• Rental method not in compliance with legal provisions, or the customs of this sector of activity, and this without the advertiser being able to claim any compensation or indemnity.

The advertiser waives the right to request any compensation for any other event contractually considered unforeseeable at the time of formation of the contract, within the meaning of article 1150 of the Civil Code and, therefore, not compensable.

The Site cannot be held responsible for an interruption of service from the host or Internet service provider.

The publication of the advertisement for an individual will only be effective on the Site after full payment of the corresponding sums and after validation of the advertisement by the Site before being put online.

17. Technical maintenance and safety

The Site does not guarantee that access to the Site will be available at all times or that it will not be impaired by operating errors.

The Site is normally accessible 7 days a week and 24 hours a day, the advertiser acknowledges that, notwithstanding all the means implemented by the Site, the Internet network presents technical specificities which imply the impossibility of guaranteeing the absolute continuity of the Services, response times as well as security in data transmission.

The advertiser acknowledges that the services offered may be interrupted for maintenance reasons, cases of force majeure or beyond the control of the Site, or for facts not falling within the responsibility of the latter.

If a technical problem makes access to the Site impossible, the Site undertakes to do its utmost to implement all possible technical solutions so that access to the Site is restored.

The Site is bound by an obligation of means and cannot be held responsible for the consequences of an interruption of service beyond its control.

The Site cannot be held responsible in the event of malicious introduction or hacking of the client's pages, the Site, or one of its technical service providers.

The advertiser acknowledges that the Site may contain errors of a technical or editorial nature likely to result in a loss of performance.

18. Personal data

Personal information collected by the Site via online forms may be subject to computerized processing by the Site, its collaborators and/or members of a professional network to which it belongs.

The requirement to provide this personal data is necessary for the proper execution of your request.

They are kept for a period not exceeding that necessary for the purposes for which they are collected and within the limits of legal limitation periods.

The owner of the Site, his representative or the person responsible for personal data specifically designated as data protection manager.

See the Properties de Charme policy regarding the collection and processing of personal data: Privacy policy.

19. Information technology and freedoms

In accordance with law n°78-17 of 06.01.78, you have, with the data protection manager, at the address indicated herein, a right of access, rectification, erasure, limitation of processing, portability and opposition to data processing.

Write by e-mail to: dpo@proprietesdecharme.com

Data processing manager: Mr Jérôme Drouet

The user can submit a complaint to the CNIL.

Under the terms of article L.223-2 of the Consumer Code, the user has the right to object to telephone canvassing by entering their number on the bloctel list www.bloctel.gouv.fr

20. Acceptance of the general conditions of sale

The Site reserves the right to modify the terms of these general conditions of publication and sale at its discretion and invites you to reread them regularly.

The fact of using the Site and publishing an advertisement on the Site implies unreserved acceptance of these general conditions of publication and sale.

The Site reserves the right to change, modify, add or remove without notice all or part of the provisions of these general conditions of publication and sale, to assign, transfer and subcontract without notice the rights and/or obligations arising hereunder.

By continuing to use the Site, the advertiser acknowledges accepting any modifications that may have occurred.

21. Attribution of jurisdiction and applicable law

Any disputes which may arise regarding the validity, interpretation, acceptance and execution of these presents regardless of the place of subscription, or payment, will be the subject of an attempt at amicable settlement. that the parties undertake to seek.

Failing to achieve this within three (3) months, the courts of Soissons (02) will have sole jurisdiction even in the event of a warranty claim or multiple defendants, for emergency or precautionary procedures, in referred or by request.

These general conditions of publication are subject to French law, which determines, on a case by case basis, the applicable law.

In the absence of any mandatory provision to the contrary or in the presence of a choice in determining the applicable law, French law will be applied.