General Conditions of sale and use

General Conditions of sale

ARTICLE 1 – Definitions

The "Service Provider" is defined below as the "COFARIS FONCIERE" company, a simplified joint stock company with corporate capital of 150,000 Euros, with headquarters located at the "La Grange Barbier" business park in MONTBAZON (37250) and listed in the Registry of Business and Commerce in TOURS under the number 443 737 010.

"Client" or "Clients" are defined as all the physical person(s), individual(s) accepting the present General Conditions of Sale on the Internet, designated hereafter as the "General Conditions of Sale".

The Service Provider and the Client are hereafter designated jointly as the "Parties".

ARTICLE 2 - Field of application

The General Conditions of Sale apply without exception or reserve to the provision of services offered to Clients by the Service Provider on its Internet site.

www.leshypotheques.com, hereafter designated as "the Internet site”.

Said services concern two types of services, specifically the land registration and real estate appraisal, designated hereafter separately as the “Service” or jointly as the “Services”.

The General Conditions of Sale apply to the exclusion of any other conditions, in particular any conditions applicable for other ways these Services are commercialised, and if necessary, the present conditions will supercede any other versions or any other contradictory document.

The General Conditions of Sale are accessible at any time on the Internet site and apply in addition to the General Conditions of Use.

With the exception of proof to the contrary, the data recorded by the Service Provider constitutes proof of all operations concluded between the Service Provider and the Clients.

Contact information for the Service Provider is the following:

From the time they are published online, modifications to the General Conditions of Sale are binding on users of the Internet Site and can not be applied to operations concluded previously.

Any order made by the Client on the Internet site implies acknowledgement and validation of the General Conditions of Sale and the full and complete acceptance of these conditions, without exception or reservation.

 

ARTICLE 3 - Ordering Services

3-1. Description of Services

The Service Provider declares that the Services proposed through the vehicle of the Internet site comply with regulations applicable in France.

Services offered to Clients on the Internet site pertain to the Land Registration and to Real Estate appraisal.

  • Land Registration

In executing this Service, the Service Provider agrees to address, on behalf of the client, one or more requests for information and/or documents, particularly from the Land Registration Service or the Property Book.

  • Real Estate Appraisal

In executing this Service, the Service Provider agrees to evaluate, on behalf of the Client, the value of one or more real estate built properties and/or the value of one or more buildable lands, with these values at the price of the market.

 

3-2. Methods for executing Client orders

It is the responsibility of the Client to provide exact and complete information in order to select from the Internet site one or more of the services the client wishes to order.

The Client has the chance to verify the information communicated, the details and conditions of the Client’s order, or the “shopping cart” afterward, and to correct any possible errors made before confirming the order.

The Client should become fully aware of the General Conditions of Sale and accept them without exception or reservation before confirming the order.

This acceptance is made tangible by a validation click to be performed by the Client on the box entitled "I confirm that I am aware of the General Conditions of Sale and accept them without reservation" before confirming the order.

If the Client does not accept the General Conditions of Sale, the order will not be able to be confirmed.

From the moment the Client confirms the order by clicking on the icon entitled “Confirm all orders”, the Client is considered to have expressly and fully accepted them, with no exception and no reservation regarding their content and/or their conditions.

To confirm the order, the Client should create or use the personal client space accessible on the Internet site, which implies prior full and complete acceptance of the General Conditions of Use, without exception or reservation.

Client confirmation of the order results in the requirement to pay the order price according to the conditions defined in Article 6 hereafter.

The Client’s order is firm and definitive as soon as it has been validated by the Service Provider and that validation is made tangible and confirmed by an email addressed to the Client, following payment of the price of the Service by the Client.

In case information regarding the email address is entered in error by the Client, or in case the email message validating the order is not received, the Service Provider can not be held liable.

 

3-3. Exception to the procedure in Article 3-2. – Specific details regarding the Services to be performed

In exception to the procedure described in the aforementioned Article 3-2, in cases where the Client requests services with special characteristics (as understood in the information communicated by the Client), or for any specific request from the Client not included in the Services defined in the aforementioned Article 3-1, the Service Provider reserves the option of establishing an estimate and addressing it to the client before the order is validated.

The Service Provider’s estimate will be made available to the Client on his or her personal space (accessible on the Internet site), which will need to be created beforehand. Creation of this space implies full and complete acceptance of the General Conditions of Use, without exception or reservation.

In cases where the Client accepts the estimate of the Service Provider and confirms his or her order, without any exception or reservation regarding its content and/or its conditions, the payment of the price of the Service will be made according to the conditions defined in Article 6 hereafter, provided that the Client first creates a personal space (accessible on the Internet site).

The order of the Client is firm and definitive as soon as it is validated by the Service Provider. Validation is tangible and confirmed in an e-mail addressed to the Client, following payment of the order price, according to the conditions defined in Article 6 hereafter.

 

3-4. Changes to the Client’s order

As soon as the Client’s order is firm and definitive, no changes can be taken account by the Service Provider.

　

3-5. Cancellation of the order

As soon as the Client’s order is firm and definitive, no cancellation may be sought by the Client.

 

ARTICLE 4 - Sincerity of the information communicated by the Client

For the services ordered to be provided and for the creation of the Client’s personal space (accessible on the Internet site), exact and complete information, free of errors, is required.

Through the confirmation of his or her order on the Internet site, the Client confirms that the information provided is correct and complete. Client also authorises and guarantees its use by the Service Provider in the performing the services.

Because the services are dependent upon the exactness and completeness of this information, the Client is entirely responsible for it, including errors in spelling and any content-related errors.

Because the liability of the Service Provider can not be invoked in this instance, the Client will seek no claim and/or request for indemnification.

 

ARTICLE 5- Rates

The order made by the Client appears in the "shopping cart", which brings up the applicable rates for the Services he or she wishes to order.

The rates shown are those in force at the time the Client’s order is completed.

These rates are listed in Euros and include all taxes and Value Added Tax (VAT) applicable on the day of the order.

The rates for Services ordered by the Client are firm and definitive.

However, should specific details in the information provided by the Client suggest that special aspects will be required in rendering the Services sought, the Service Provider reserves the option to prepare and submit an estimate to the Client, according to the aforementioned conditions of Article 3-3.

 

ARTICLE 6 - Conditions of payment

When the Client confirms the order placed, exact and total payment is due and payble online via a secured payment method performed on an external banking site to which the Client will be automatically transferred.

Said payments are to be made via a currently valid bank card bearing the Visa or Mastercard-type Carte Bleue symbol (CV).

When paying for the order on the external bank site, the Client will also have to provide the card number and expiration date. The card will be debited at the time the payment is confirmed.

If payment is rejected by the Client’s bank, the Service provider will not be required to proceed with the provision of the Services ordered by the Client.

Payment made by the Client will not be considered final until the Service Provider actually deposits the sums due.

Otherwise, in cases of non-compliance with the payment conditions listed above, the Service Provider reserves the right to suspend or cancel the provision of Services ordered by the Client and/or to suspend the completion of its obligations.

No additional fees, greater than costs paid by the Service Provider for the use of secured payment methods, will be invoiced to the Client, subject to stipulations that could be imposed through application of the directive 2011/83 dated October 25, 2011 (pertaining to the rights of consumers), which should take place before December 14, 2013 and whose measures will be applied to contracts concluded after June 13, 2014.

 

ARTICLE 7 - Performance of Services

7-1. Performing Services

For purposes of enabling the Service Provider to perform the Services ordered, the Client agrees to provide the Service Provider with the information required under the aforementioned conditions, defined in particular in Article 4.

Once the order has been confirmed, the Client consents and irrevocably orders the Service Provider to perform all procedures and formulate any request on the Client’s behalf, in particular with the Land Registration Service and the Property Book, in order to perform the Services the Client ordered.

 

7-2. Time delays for the completion of Services

The Services ordered by the Client will be performed within an average time indicated by the Service Provider during the confirmation of the order, or if need be delivery time will be listed on the estimate.

The Service Provider is also committed to making its best efforts to furnish the Services ordered by the Client within the time frame indicated.

However, this time frame is listed for reference only, and any extension cannot under any circumstances lead to any damages or interests, claims, or cancellation of the Client’s order.

On this issue, it is specified that the Service Provider does not control nor does it guarantee the time frame for processing the requests received for completion of Services, particularly with respect to Land Registration Services and the Property Book.

 

7-3. Availability of the results obtained

Once the Services ordered are completed, the Client is notified by an email from the Service Provider that the results of the aforementioned services are available, and these results will be given to the Client in electronic form.

The results of the Services ordered can only be consulted and downloaded by the Client through his or her personal space (accessible through the Internet site), which should be used in compliance with the General Conditions of Use the Client must approve.

Said results will be not be sent as a printed document nor sent by post under any form whatsoever.

Nevertheless, the Client could print the results of the Services at his or her own expense, starting from his or her personal space accessible on the Internet site.

Once the results are provided for the Services ordered by the Client, the Services will be considered to be complete and in compliance with the order.

An invoice is prepared by the Service Provider and made available to the Client on his or her personal space (accessible on the Internet site) as soon as definitive payment has been received for the cost of the Services ordered has been made.

 

ARTICLE 8 - Right of cancellation

The application of directive 2011/83 dated October 25, 2011 pertaining to the rights of consumers, which should take effect before December 14, 2013 and whose measures will apply to contracts concluded after June 13, 2014, will require an adaptation of the Consumer Code related to cancellation periods, implying a modification of the General Conditions of Sale starting from this date.

In compliance with the law, to cancel an order, the Client has a cancellation period of SEVEN (7) total days starting from the acceptance of the order for the provision of services.

However, in compliance with the provisions of article L. 121-20-2, 1°) of the Consumer Code, the right of cancellation can not be exercised for contracts for the provision of services already underway with the consent of the consumer before the end of the cancellation period.

As a result and by express agreement between the Parties, because the performance of Services begins when the Service Provider validates the Client’s order (that is, before the end of the aforementioned cancellation period, said right of cancellation cannot be used by the Client who acknowledges it and affirms having waived it upon confirmation of the order.

　

ARTICLE 9 - Claims – Liability

The results of the services related to the Land Registration cannot lead to any claim from the Client solely when an error is committed by the competent administration with regard to the information it provides.

In such a case, a new request will be transmitted to the competent administration by the Service Provider, which will result in an additional invoice. The Client will be notified of this additional invoice prior to the issuance of the request.

However, the Service Provider will not be liable for any indemnification on behalf of the Client.

The Service Provider is therefore not responsible for the information and/or documents delivered, in particular, by the  Land Registration Services and the Property Book.

What’s more, should the Land Registration Service or the Property Book Service, in particular, be late in processing the Service Provider’s requests, delays exceeding the delivery time frame listed for completion of Services cannot give rise to damages and interest, reduction, or cancellation of the Client’s order.

What’s more, as a reminder, the Client is solely responsible for the information he or she communicates, for errors in spelling, or errors of content in the information provided.

As a result, the liability of the Service Provider can not be sought for reasons of non-compliance.

No claim by the Client can be accepted for the results of services related to real estate appraisal, with the exception of errors directly attributable to the Service Provider.

In cases like the paragraph above, in which errors are directly attributable to the Service Provider, the claim of the Client should be sent by email to the contact address listed in Article within a maximum period of FIFTEEN (15) days starting from the date when the Service Provider notified the Client of the availability of those results.

In any case, the Service Provider cannot be considered liable or at fault for any delay or lack of completion due to the occurrence of any case of force majeure, typically recognized by French jurisprudence.

 

ARTICLE 10 - Intellectual Property

The Internet site content is the property of the Service Provider and its partners, and is protected, in particular, by French and international laws related to intellectual property.

What’s more, the Service Provider remains the owner of all copyright and/or intellectual property rights to the texts, comments, projects, illustrations, products, and images reproduced or represented on the Internet site, regardless of country, and for the entire duration of the protection of these rights.

The Client refrains from any reproduction, representation, modification, or adaptation, whether total or partial, of this content, of the Internet site and/or of all or part of the elements found therein, which would represent, in such a case, a possible violation of infringement.

 

ARTICLE 11 - Computing and Data Privacy

The information and data concerning each Client is processed by the Service Provider, in particular, as it is indispensable for the performance of the Services.

This information and data is also kept for security purposes, in order to fulfill legal and regulatory requirements, which may be incumbent upon the Service Provider.

As a reminder, in application of the law 78-17 dated January 6,1978, identifying information and data requested of the Client are required for the processing of the order and, in particular, for the preparation of invoices.

The processing of information and data communicated through the Internet site is the subject of a declaration with the National Commission for Data Protection (C.N.I.L., in French) which is registered by the number 526 363.

In compliance with national and European regulations in force, the Client has the permanent right of access for purposes of changing, correcting and opposing information concerning him or her.

 

ARTICLE 12 - Privacy

The information communicated by the Client is of a strictly confidential nature and can not be used or exploited by any party other than the Service Provider and its personnel only in the provision of the Services.

With the exception of cases described in the paragraph above, the Service Provider and its personnel refrain from any sharing of this information to unauthorised third parties.

 

ARTICLE 13 - Language – Applicable Law

By express agreement among the Parties, the General Conditions of Sale are governed by French law.

They are written in the French language and in instances in which they are translated into one or more other languages, only the French text will be admissible in case of litigation.

　

ARTICLE 14 - Litigation

Unless an amicable resolution is reached, any litigation that the contract concluded between the Service Provider and the Client might give rise to concerning either contract validity, interpretation, execution, termination, consequences, or results will be exclusively submitted to courts that have jurisdiction for the location of the Service Provider’s headquarters.

For execution of the present conditions, the Parties take residency in their headquarters and respective domicile.

 

ARTICLE 15 - Partial invalidity

If one or more stipulations of the General Conditions of Sale are held to be invalid or declared null in application of a law, a decree, a regulation, or the results of a definitive ruling in a competent jurisdiction, the other stipulations will maintain all their strength and reach.

The fact that the Service Provider does not at a particular time invoke one of the clauses of the General Conditions of Sale does not signify a waiver of the right to invoke these same clauses later.

 

ARTICLE 16 - Precontractual Information – Client Acceptance

The client acknowledges having become aware, in a clear and comprehensible way, prior to the conclusion of the contract with the Service Provider, of the General Conditions of Sale and all the information and instructions addressed in article L 121-19 of the consumer code, and in particular:

  • the major characteristics of the Services offered by the Service Provider;
  • the complete identity of the Service Provider (company name, geographical address of the establishment, and contact information) ;
  • the total price of the Services ordered, in Euros, and with all taxes included, or when the price can not reasonably be calculated in advance due to the specific characteristic of the Service ordered, the price calculation method, and if necessary, any additional fees or, when these fees can not reasonably be calculated in advance, the notice that such fees may be required;
  • these modes of payment, execution, the date the Service Provider commits to provide the Services ordered, and the methods available for processing claims;

As a result, the fact that any Client orders from the Service Provider’s Internet site carries with it adherence and complete and entire acceptance of the General Conditions of Sale, which is expressly recognized by the Client, who in particular, waives the right to invoke any contradicting document, which could not be invoked with respect to the Service Provider.

General Conditions of Use

PREAMBLE

The "Service Provider" is defined below as the "COFARIS – CONSORTIUM QUATRE" Company, Joint Stock Company with corporate capital of 150,000 Euros, with the headquarters in the "La Grange Barbier" business park in MONTBAZON (37250) and listed in the Registry of Business and Commerce of Tours, under the number 443 737 010.

On the www.leshypotheques.com website (hereafter the "Internet site"), the Service Provider provides online services that allow any adult, physical person, or any corporate entity, individual or professional (hereafter the “Client” or conjointly the “Clients”), once a personal space has been created (accessible on the Internet site), to order and access services (hereafter “Service”) related, in particular, to the Land Registration and to real estate appraisal (hereafter the “Services”).

To use the Service and order Services, the Client will have to agree to abide with the present General Conditions of Use, without exception or reservation.

The Services ordered by any individual client on the Internet site are themselves governed by the General Conditions of Sale on the Internet (hereafter the "General Conditions of Sale"), which also client acceptance whenever an order is placed and which supplement the present General Conditions of Use.

 

ARTICLE 1 – Subject

The present General Conditions of Use are intended to define the conditions according to which the Service Provider provides each Client, as part of the Service, the technological tools used to order the Services.

 

ARTICLE 2 - Description of the Service

The Internet site is composed of a group of tools that allow, for example, any Client to benefit from a Service, to establish a relation with the Service Provider with the goal of placing orders for Services, to set the price for Services and to become aware of the results of the Services provided by the Service Provider.

The ordering of Services, to be performed through the vehicle of the Service, is concluded directly between the Client and the Service Provider.

In case of non-compliance with the present General Conditions of Use, the Service Provider reserves the right to interrupt temporary or permanent access to the Service for the Client concerned.

Client agrees to order Services in complete and good faith.

 

ARTICLE 3 - Access to the Service

Beyond acceptance of the present General Conditions of Use, access to the Service is subordinate to the creation of a personal account on the Internet site for each Client.

To do this, the Client should supply the information and data, guaranteed by the Client to be exact and complete, necessary for the creation of the Service.

When the Client confirms the creation of the Service, he or she is understood to have fully accepted the present General Conditions of Use, without exception or reservation.

The Client will need to inform the Service Provider immediately of any change regarding the Client that may affect use of the Service, by using the email contact address available on the Internet site.

The Service Provider reserves the right to refuse the creation of the Service after the fact if it detects, or if it is made aware (by any means possible, regardless of the field at issue in the registration form), of the presence of a clear infringement on the rights of a third party or the existence of inexact information.

To access and use the Service, the Client should identify himself or herself through the user name and password chosen during the creation of the Account, that he or she agrees to keep strictly secret and which should not be divulged to any third party.

Access to the Service by any Client is strictly reserved for personal use, and when the Client uses the Service, he or she declares that he or she is acting for his or her private concerns.

Therefore the Client is solely responsible for access to the Service and its use.

In case of loss, misappropriation, or fraudulent use of the user name and password, the Client agrees to notify the Service Provider immediately by using the contact email address on the Internet site.

 

ARTICLE 4 - Price of the Service

Creating an account and using that account are free.

However, the Client will bear the eventual costs of the connection to the Internet site. The connection cost will depend on the Client’s Internet access provider and/or the Client’s mobile telephone operator.

Only orders for Services from the Service Provider are payable under the conditions provided in the Service Provider’s general conditions of sale.

　

ARTICLE 5 - Personal data

Information and data pertaining to the Client are processed by the Service Provider and are required for the management of the Client’s account and access to the Service.

This information and data are also maintained for purposes of security, in order to comply with legal and regulatory obligations that may be incumbent upon the Service Provider.

As a reminder, in application of the law 78-17 dated January 6, 978, identifying information and data requested of the Client are necessary for processing the order and, in particular, for preparing invoices.

The Client possesses the permanent right of access, modification, correction, and opposition pertaining to information concerning the Client, as provided for in national and European regulations in force.

The processing of information and data communicated through the Internet site is the subject of a declaration with the National Commission for Data Protection (C.N.I.L., in French) which is registered by the number 526 363.

In compliance with national and European regulations in force, the Client has the permanent right of access for purposes of changing, correcting and opposing information concerning him or her.

 

ARTICLE 6 - Cookies

The Internet site uses cookies solely for improving access to the Services Proposed and to the Service.

Cookies are reduced size files that are sent to the Internet surfer and recorded on the hard drive of the Client’s computer.

Cookies do not allow Client identification, but they do record information related to the Client’s navigation on the Internet site, which the Internet site is able to read during later visits by the Client.

The cookies are used exclusively by the Service Provider.

The cookies are maintained on the Client’s computer for a time period of SEVEN (7) days.

The Client may prevent cookies from being saved on his or her computer by using an optional browser configuration, whose methods are explained in detail on www.cnil.fr.

 

ARTICLE 7 - Intellectual Property

The content of the Internet site is the property of the Service Provider and its partners, and is protected in particular by French and International laws related to intellectual property.

In addition, the Service Provider remains the holder of all copyright and/or property rights of the texts, comments, projects, illustrations, products, and images reproduced or represented on the Internet site, regardless of the country, for the entire duration of protection of these rights.

Thus, the Client refrains from any reproduction, representation, modification or total or partial adaptation of this content, whether from the Internet site and/or from all or part of the features on the Internet site. Such cases may constitute a violation of infringement.

 

ARTICLE 8 - Responsabilité

The Service Provider can only be held liable with respect to the Client for facts directly attributed to the Service Provider and which would cause a harm directly linked to these facts.

The Service Provider may not be held liable for indirect harms.

The Service Provider may not be held liable either due to the improper use of the Service by the Client, due to any error on the part of the Client, and/or due to facts that can be attributed to a third party.

The Client is solely responsible for the use made of the Service and particularly for the use of the results of those Services made available by the Service Provider.

 

ARTICLE 9 - Language – Applicable law

By express agreement between the Parties, the General Conditions of Use are governed by French law.

They are drafted in the French language; in instances where they are translated into one or more languages, only the French text will be admissible in case of litigation.

 

ARTICLE 10 - Litigation

Unless an amicable resolution is reached, any litigation that the General Conditions of Use might give rise to concerning either contract validity, interpretation, execution, consequences, or results will be exclusively submitted to courts that are competent for the location of the Service Provider’s headquarters.

For execution of the present conditions, the Parties take residency in their headquarters and respective domicile.

 

ARTICLE 11 - Partial invalidity

If one or more stipulations of the General Conditions of Use are held to be invalid or declared null in application of a law, a decree, a regulation, or the results of a definitive ruling in a competent jurisdiction, the other stipulations will maintain all their strength and reach.

The fact that the Service Provider does not at a particular time invoke one of the clauses of the General Conditions of Sale does not signify a waiver of the right to invoke these same clauses later.

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