2. Acceptance of the general conditions of sale
These conditions become contractual between the Charm Properties site and the advertiser from the first publication of the ad and at the latest to the payment of insertion.
Advertisers are invited to read the General Conditions of Sale.
Any service accomplished by the Charm Properties site therefore implies the buyer's unreserved membership in these general conditions of sale.
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
Charming properties indicates its eligibility criteria to accept the publication of a property.
Real estate sale: 600,000 €uros minimum
The luxury real estate portal charming properties 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)
Charming properties attaches particular importance to the quality of the photos published illustratives of the property for sale: if your photos are not of quality or do not correspond to the philosophy of the site, your ad may be refused.
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:
- the suspension of the execution of the distribution/advertising/advertising 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 announcements on the Charm Properties site, the advertiser expressly authorizes the site to reproduce and disseminate real estate ads, the photographs downloaded and provided by the advertiser as well as the descriptive text of the property, on the accounts of the social networks of the Charm Properties site, namely Facebook, Twitter, Instagram, YouTube, LinkedIn, Pinterest and all the Social Network Accounts. that the advertiser cannot oppose it.
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 announcement 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 commit to providing the service or good he is presenting;
- that he actually has the right, with regard to 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 above and below defined :
- 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 advertiser undertakes to strictly respect this rule when writing and publishing its advertisements on the site. In the event of non-compliance, the Site reserves the right to delete or modify the ad without notice, without the advertiser being able to claim compensation.
- 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.
- This rule aims to guarantee the visual integrity of the advertisements on the site. The photos must faithfully represent the property offered without adding text or advertising messages other than the advertiser's logo.
- 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.
- This rule aims to avoid any confusion or misdirected advertising in ad photos. The advertiser is responsible for respecting this restriction under penalty of having his ad modified or deleted by the Site.
- 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.
- This clause ensures that the photos submitted by the advertiser are authentic and faithfully represent the property offered for sale or rental. The advertiser is solely responsible for the visual accuracy of the information provided.
- 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.
- This rule aims to preserve the integrity of the visual information presented in ads. Photographic montages or compositions are prohibited in order to guarantee an honest representation of the property.
- 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.
- This guideline encourages a factual and objective description of the properties offered, avoiding terms that may be interpreted subjectively.
- 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.
The Site reserves the right to make editorial adjustments to the text of advertisements to improve their clarity or understanding. However, the advertiser is still responsible for the original content published.
These conditions continue to define the obligations and responsibilities of advertisers and the Charm Properties site in the publication of real estate ads, thus ensuring increased transparency and reliability for site users.
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. This policy aims to maintain the integrity of the information provided on the Site and to avoid any redirection to external content not verified or not approved by the Site.
15. Responsibilities of the advertiser
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 advert in question until the content is modified, without compensation for the advertiser, or even the permanent deletion of the advert.
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.
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 customs in 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.
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.
These clauses aim to clearly define the responsibilities of each party regarding the use of the site and to regulate interactions between advertisers and the Site in the context of published advertisements.
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 specifically designated person responsible for personal data, acts as data protection manager. Please consult the Properties de Charme privacy policy for more information on the collection and processing of personal data.
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.
To exercise these rights, please contact the data protection manager by email to the address: DPO (@) Proprietesdchart.com .
Data processing :
Mr Jérôme DROUET
The user can also submit a complaint to the CNIL.
In accordance with 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 on 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 any time. We encourage you to consult them regularly.
By using the Site and publishing an ad on it, you accept without reservation these general conditions of publication and sale.
The Site also reserves the right to modify, add or delete without notice all or part of the provisions of these general conditions of publication and sale, as well as to assign, transfer or subcontract its rights and/or obligations arising herefrom.
By continuing to use the Site, the advertiser acknowledges accepting any modifications that may occur.
21. Attribution of jurisdiction and applicable law
All disputes relating to the validity, interpretation, acceptance or execution of these presents, whatever the place of subscription or payment, will be the subject of an attempt at amicable settlement which the parties undertake to to research.
In the event of an amicable settlement being impossible 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 procedures, conservatories, in summary proceedings or by request.
These general conditions of publication are subject to French law, which determines the applicable law on a case-by-case basis. In the absence of a mandatory provision to the contrary or in the presence of a choice in determining the applicable law, French law will be applied.
These provisions aim to regulate relations between users and the Site, guaranteeing transparent use and compliance with current legislation.
Up to date on 01/01/2025
