EDITOR
REAL ESTATE AGENCY CAPIFRANCE, SAS with capital of 100,000 euros
Headquarters: 639 rue du Mas de Verchant, Immeuble Diver'city - 34 170 Castelnau Le Lez
Siret: 441 338 985 00076 - APE Code: 6831Z
Director of publication: Olivier Colcombet
Phone number: 00334 67 92 46 77
CAPI - SAS with a capital of 100,000 € - located 639 rue du Mas de Verchant, Immeuble Diver'city - 34 170 Castelnau Le Lez - registered in the RCS of Montpellier n ° 441 338 985-
Holder of the professional card "transaction on buildings and goodwill" and "property management" n ° 3402 2016 000 005 429-issued by the CCI of Montpellier located Airport Zone CS 90066-34137 Mauguio.
CEGC guarantee fund - TSA 39999 - 92919 La Défense Cedex - 110.000 € without handling of funds / RCP n ° 120 146 100 MMA 19-21 alley of Europe - 92616 CLICHY by AON 45 rue Kléber - 92697 LEVALLOIS PERRET. Capifrance has no funds, no effect, no value.
Represented by its Chairman, SAS Digit RE Group, represented by Olivier Colcombet.
1. LIMITATION OF LIABILITY
1. Information contained in the website
CAPIFRANCE wishes that the information contained in the website is correct and reliable. However, errors may occur. Therefore, the information is provided "as it is" without any warranty. CAPIFRANCE disclaims all warranties, expressed or implied, with respect to the information referenced by the site, including but not limited to the warranties of merchantability or aptitude for a particular purpose, title and not breach.
CAPIFRANCE reserves the right to modify the information contained in the website Without informing its customers or prospects. In no event will CAPIFRANCE be held liable for direct, special, incidental or indirect damage resulting from the use of, or payments based on, the information contained on the website.
2. Access to the website
The website is accessible 24h / 24h and 7 days / 7. However, Capifrance cannot be responsible if it is temporarily impossible to use the site in the event, in particular, of force majeure, computer difficulties, difficulties related to telecommunications networks, technical difficulties, difficulties related to the EDF network.
For reasons of maintenance, CAPIFRANCE will be able to interrupt the access to the site and will endeavor to warn the users beforehand.
2. COPYRIGHTS
CAPIFRANCE owns or holds the rights to the general structure of the website, the tree view, the software, the texts and the iconographic and photographic representations; testimonials, some graphics and sounds belonging to third parties aside.
Any reproduction, representation, modification, publication, transmission, denaturation, total or partial of the sites or their content, by any means whatsoever, and on any medium whatsoever is strictly and formally prohibited.
Any unauthorized use of the websites or their content, information disclosed therein would incur the responsibility of the user and constitute an infringement punishable by articles L 335-2 and following of the Code of Intellectual Property.
The same applies to the databases, if any, on the website that are protected by the provisions of the Act of July 1, 1998 transposing into the Intellectual Property Code of the European Directive of March 11, 1996 relating to the legal protection of databases. As such, any reproduction or extraction would engage the responsibility of the user.
3. MODIFICATION OF THESE LEGAL INFORMATION
CAPIFRANCE reserves the right to modify these terms at any time. The user therefore agrees to consult them regularly.
4. APPLICABLE LAW IN CASE OF DISPUTE
In case of dispute, the applicable law will be French law.
All consumers are informed of their right to use a free consumer mediator for the amicable resolution of the dispute with a professional. For this purpose, the professional guarantees to the consumer the effective use of a consumer mediation service, pursuant to articles L 152-1 et seq.
Mediator contact details: ANM 62 Rue Tiquetonne 75 002 PARIS - 01.42.33.81.03 - www.anm-mediation.com
5. ATTRIBUTION DE JURISDICTION
Any dispute which could not find a transactional outcome will be brought before the competent courts.
6. « TRY IT » SERVICE – TEST YOUR PROPERTY
6.1 Principale
These terms and conditions complete the supplementary clause signed with the seller and the agency that the seller was aware of when signing. The "Test your property" offer consists in allowing a more extensive presentation of the seller's property by an acquirer in order to improve its acquisition by a better projection. The Options of provision of the property will be exclusively chosen and validated by the seller without the agency being part of it.
6.2 Signature and denunciation of the endorsement "Test your property"
The owner-seller signing the amendment to the mandate "Test your property" authorizes the company Capifrance to broadcast its offer accompanied by the signage "Try it" on the websites owned by Capifrance.
The denunciation of the additional clause to the mandate "Test your property" must be done by registered mail clearly stipulating the will of the owner to denounce the endorsement and mentioning the mandate number. The company Capifrance agrees to remove the signage "Try it" within 15 days of receipt of said mail. If however a provision of the property has been agreed before the denunciation of the mandate and for a later date of stay, the owner-seller agrees to maintain this one available to the property, otherwise it will have to perform the necessary steps to cancel the stay without the agency being concerned.
6.3 Confirmation and realization a provision
The provision of the property can be made following a minimum of 2 visits of the property and with the formal agreement of the owner seller. The owner reserves the right to refuse any rental without justification. the purchaser wishing to test the property after two visits may therefore be refused the one available to the property.
The provision cannot be assimilated into a rental of the property but a simple service allowing the buyer to better understand the advantages and disadvantages of the property. The seller is strongly advised to use any existing and legal booking platform in order to better manage the booking of his property. The owner seller is free to use the platform of his choice.
The company Capifrance strongly advises the seller to contact his home insurance company to make all the necessary arrangements for this purpose.
6.4 Liability
The company Capifrance is exempt from all liability resulting from direct or indirect damage, damage or theft committed when the property is made available.
The responsibility of the company Capifrance cannot also be engaged for any claims made by a third party or the visitor against the seller for which the customer will make his personal case.
In any case, if the responsibility of the company Capifrance was to be sought, it would be limited only to the amount of the provision of the property if it was agreed between seller and purchaser. "
7.Pre-Sales Service
7.1 OBJECT
These general terms and conditions of use, hereinafter referred to as "GTU", define the terms and conditions for making the Capifrance Presales service available; proposed by SAS CAPI and the conditions of access and use of the service by the user.
The use of this service automatically entails acceptance of these Terms.
In the event that the user does not wish to accept these Terms, he is asked to not use the service at all.
SAS CAPI reserves the right to modify unilaterally and at any time the contents of these Terms and therefore invites the User to consult them on a regular basis. They are available online on the site www.preventes.capifrance.fr heading Legal Mentions or on the site www.capifrance.fr section Legal mentions.
7.2 DEFINITIONS
The purpose of this clause is to define the various essential terms used in the GTU. * the Agency: SAS CAPI which offers the service The Pre-sales Capifrance. * the User: this term designates any person who uses the service The Presales Capifrance on the site www.preventes.capifrance.fr * service The Presales Capifrance: this service allows any natural person acting on his own account and wishing to test the attractiveness of his property for future sale, to measure the relevance of the asking price and the attractiveness of the advertising of the property. * owner-advertiser: any owner natural person who places an advert of his property on the space The Presales Capifrance accessible from the website www.preventes.capifrance.fr. * potential purchaser: any natural person expressing an interest for a property seen on the space dedicated to Presales Capifrance.
7.3 ACCESS TO THIS SERVICE:
Access conditions Access to the service is free and reserved for private, non-professional users equipped with a computer and an internet connection. The User must go to the site www.preventes.capifrance.fr He must have a valid email address.
7.3.1 Owner-Advertiser Registration
The owner-advertiser, having a real plan to sell the property he / she owns, may, prior to the signing of a sales mandate with the agency, test the attractiveness of his / her property and measure the relevance of the asking price on a dedicated space, available on the internet, and for a limited period of 30 days, non-renewable. Before registration, the owner-advertiser undertakes not to advertise the property that is the subject of the use of the site “Les Préventes” Capifrance, during the entire duration of the broadcast of the advertisement and not to entrust a mandate to another agency during the same period. During the period of diffusion on the website The Presales and in case of sale of the property, the owner-advertiser undertakes to withdraw his advertisement directly from his personal space.
The owner-advertiser registration may be made directly by the owner himself or through a real estate commercial agent representing the agency in the presence of the owner. The owner-advertiser or commercial real estate agent goes to the space The Presales Capifrance / Create an account. He gives his personal data: email, first name and last name. He then connects to his personal space and clicks ADD A PROPERTY. The owner-advertiser undertakes to disclose personal information and refrains from disclosing false information that could harm a third party.
7.3.2 ADD A PROPERTY
allows the owner-advertiser to enter the characteristics of his property (type of property / number of rooms / area / price), the location, the photos, and the detailed information (description of the property). Once completed, the owner-advertiser previews the ad and acknowledges accepting these Terms before definitively validating the ad.
The property is then presented on the website Capifrance Presales for a period of 30 days. It is possible for him to modify and withdraw the announcement at any time from his personal space. The photographs published by the owner-advertiser will be subject to the approval of the host who may refuse them in his sole discretion without having to justify himself. Similarly, if the description contains information likely to harm a third party.
Registration of the potential buyer The potential buyer may express his interest in a property available on the Capifrance Presales website by completing the information form next to the announcement (last name, first name, email).
The potential buyer can also create an account that allows him to keep his favorites by saving them as FAVORITES. This possibility is only available to potential buyers who have previously created an account from the website www.preventes.capifrance.fr
Each week the owner-advertiser or the real estate commercial agent of the agency receives a personalized report including the statistics of his advertisement. At the end of the 30 days of publication of the announcement, the owner-advertiser will receive a report by email on the interest generated by his property as well as the contact details of a commercial real estate agent representing the agency on the geographical area of the property, with the objective to conclude a sales mandate. The ad will automatically be unpublished at the end of this period.
Under no circumstances will the owner-advertiser have access to the contact information of the prospective purchaser. As soon as the mandate is signed by the owner-advertiser then the commercial real estate agent holding the mandate will receive from the Agency, the contact information of potential buyers who have expressed interest in the property. Prospective purchasers who have expressed an interest in a property and who have put it in favorites will be firstly informed by the commercial real estate agent who will have been given the mandate of sale.
In case of express request of the owner-advertiser, the mandate of sale may be concluded before the end of the period of 30 days. In this hypothesis, the property will be unpublished from the space Presales Capifrance by the owner-advertiser from his personal space.
7.4. LIABILITY
The space The Presales Capifrance is reserved for private individuals owner-advertiser. The Agency does not hold a mandate to sell the property. Texts, photos, and more generally all the content of the advertisement is the sole responsibility of the owner-advertiser. The Agency is in fact relieved of all responsibility. The Agency cannot guarantee the accuracy of the elements described and provided by the owner / advertiser, given the absence of any contractual relationship with the latter. In particular, but not exclusively, the agency cannot be held liable in case of bad information, or qualifications listed on the space The Presales Capifrance. It is specified that this information is only known by declarations of the owner-advertiser and that in any case the Agency can not verify them. The responsibility of the host can not in any case be engaged for the same reasons
7.5 WARRANTIES - FORCE MAJEURE
The Agency, which is bound by an obligation of means, makes every effort to ensure the proper functioning of the Capifrance Pre-Sales Department. The responsibility of the Agency cannot be engaged in case of force majeure or facts beyond its control. Thus, in the event of a connection failure due to an element beyond its control (loss of connection, inaccessibility of the network ..) would not be attributable to the Agency.
7.6 ACCESS TO THE WEBSITE
The website is accessible 24h/24h and 7 days/7. However the agency cannot be responsible in case of impossibility momentarily. The Agency may at any time suspend access for technical reasons to the Presales Capifrance service without being liable in this respect for any direct or indirect damage, of any nature whatsoever (including loss of opportunity) related the impossibility of using the service. The agency may also suspend access to the site for maintenance operations. No compensation of any kind will be considered.
7.7 SETTLEMENT OF DISPUTES
These Terms are subject to French law. In case of dispute and in case of absence of amicable resolution, exclusive competence is attributed to the competent courts of MONTPELLIER, notwithstanding plurality of defendants or warranty claim, emergency procedure and/or on request.
7.8 FEE SCHEDULE
See the fee schedule : click here