General Sales Terms
Real estate ads on the www.luxury-real-estate.com website
General sales terms relating to:
The transfer of ads from a REAL ESTATE AGENCY or from a REAL ESTATE PROFESSIONAL, referred to hereafter as “Agency” through a professional space or via a software export to the website WWW.LUXURY-REAL-ESTATE.COM, referred to hereafter as “Luxury-Real-Estate” (denomination engaging the responsibility of company Yandle Ltd, website editor).
LUXURY-REAL-ESTATE is committed to:
Publishing the ads sent by the Agency within two business days after receiving them for the whole duration of the professional’s membership.
Providing the agency with a logo for the LUXURY-REAL-ESTATE.COM website, that the agent will be able to insert into his/her website.
Processing all information received by way of the professional administration space or through the export tools of a LUXURY-REAL-ESTATE-compatible software (posting, altering, or deleting ads) in the context of this contract, in strict confidentiality.
The Agency is committed to:
Doing all that is in its power to satisfy the customers from the LUXURY-REAL-ESTATE.COM website.
Informing LUXURY-REAL-ESTATE, by way of the PROFESSIONAL SPACE or its export software of the acceptance or rejection of a real estate transaction appearing in an ad that is in the process of being published, within two business days, in order to ensure that the items offered online are available at all times.
Informing LUXURY-REAL-ESTATE, immediately, of any unfair competition, especially interference, pillage, or any other act capable of harming the services developed by LUXURY-REAL-ESTATE.
The membership principle gives the Agency the right to publish real-estate ads, to the capacity that corresponds to the contract agreed on, based on the rates that appear in the membership order form.
LUXURY-REAL-ESTATE reserves the right to alter its rates each time a membership is renewed. The Agency will be made aware of any changes made to the rates at least 1 month before the end of the current membership. If the Agency does not contest the new rates within 15 days after notification, they will be considered definitively and irrevocably accepted by the Agency. In the event the Agency does not accept the new rates from LUXURY-REAL-ESTATE within the period indicated above, the Agency will have the right to terminate the membership according to the terms stipulated in the article “Duration and termination”.
The rates are based on the amount of ad spaces used on the LUXURY-REAL-ESTATE.COM website insofar as the amount of ad spaces used is inferior or equal to the type of contract signed. If the amount of ad spaces were superior to the contract signed, the Agency will contact the person in charge of the file in order to change the type of membership during the contractual period.
Any Agency that wishes to become a member for the first time with LUXURY-REAL-ESTATE must send all necessary information, including bank information as well as a transfer slip, if applicable, to our accounting service.
Invoices will be issued at the beginning of the month and must be paid at the end of the month by way of a bank transfer. It is possible to request automatic bank transfers or to pay yearly.
LUXURY-REAL-ESTATE is exempt of all responsibility, in regards to the contract or to liability, concerning any warranties, or on any other basis, of any direct or indirect harm done to the Agency as a result of its own actions, including in the event of a partial or complete failure to verify the elements, information, documents, goods or products that are made available, transferred, communicated, or submitted to LUXURY-REAL-ESTATE in the form of an order.
LUXURY-REAL-ESTATE is exempt of all responsibility, in regards to the contract or to liability, concerning any warranties, or on any other basis, of any direct or indirect harm done to the agency by any operators, before, during, or after the order, as long as it is not one of its own employees.
For any harm, except in the case of fraud or an intentional mistake on its part, the responsibility of LUXURY-REAL-ESTATE towards the Agency regarding its operations, concerning all warranties or on any other basis, is limited to the amount received by LUXURY-REAL-ESTATE, after all fees for service(s) provided during the incident that incurred the liability have been subtracted. Loss of profit, as well as eventual or indirect harm, is expressly excluded from any claim for compensation.
The Agency has full responsibility of any use, of any kind, directly or indirectly, of the benefit(s) received from LUXURY-REAL-ESTATE as well as the Products and/or Services.
The Agency protects LUXURY-REAL-ESTATE from any action that could be brought against it regarding the use, of any nature, directly or indirectly, of the benefit(s) received from LUXURY-REAL-ESTATE and must financially take up the defense of LUXURY-REAL-ESTATE in case such action is brought against it.
The Agency is committed to compensating LUXURY-REAL-ESTATE for any harm or consequences that may be brought about in the event of liability based on the contents of any document, regardless of its form or format, information, or product made from the Products and/or Services resulting from operations(s) undertaken by LUXURY-REAL-ESTATE.
LUXURY-REAL-ESTATE is exempt from any responsibility for any direct or indirect harm caused to the Agency, brought about in any of the following cases:
Cancelation of an order/operation by one or several of the Agency‘s partner(s).
Incompatibility of the contents, labels, nature or items with current legislation, the requirements of good practices, public order, ethics, or the interests of the Agency.
LUXURY-REAL-ESTATE is not responsible when the services provided do not match the needs of the Agency and/or of those of the Agency‘s partner(s), the Agency is alone able to determine its needs and to make sure the specifications correspond to its goals.
LUXURY-REAL-ESTATE is in no case responsible for the Agency‘s and/or partner(s) of the Agency’s failure to succeed relating to the order.
LUXURY-REAL-ESTATE is not responsible for the contents in the computer file(s) provided by the Agency, nor for the consequences of its use; all operations, regardless of the nature, performed on the file(s) provided by the Agency, including retrieving them or modifying their layout does not imply control over the contents of the file(s).
LUXURY-REAL-ESTATE may under no circumstances be held responsible for ads with content that may be (I) contrary to good practices, to public order, or to the provisions for worker’s rights and/or that may (II) contain any form of discrimination, regardless of the nature, including sexual, racial, or religious discrimination.
LUXURY-REAL-ESTATE may not, under any circumstances, be held responsible for the speed at which users can access the content or for any Internet malfunction, any crowding of the worldwide networks or for the complexity of the materials and software installed on the LUXURY-REAL-ESTATE servers.
5. Access to the server and to the application:
LUXURY-REAL-ESTATE is committed to doing everything in its power in order to make sure the services it offers are permanent, consistent, and of high quality.
LUXURY-REAL-ESTATE, however, does reserve the right to suspend access to the servers and applications, exceptionally and for brief periods of time, for eventual maintenance issues and for improvements in order to make its services function properly.
LUXURY-REAL-ESTATE makes technical support available for its customers via email.
7. Data Protection Act:
The Agency agrees to not publish and/or market any information relating to any prospect it will have been made aware through LUXURY-REAL-ESTATE.
8. Duration and termination:
Memberships last for 1 year minimum, beginning on the date the Order Form is signed.
When this initial period comes to an end, the contract can be renewed by tacit agreement for identical successive periods, unless it is terminated by one party or the other at any time by certified mail with acknowledgment of receipt, with one month’s notice.
The Agency and LUXURY-REAL-ESTATE reserve the right to terminate the membership, without notice, in the event of judicial compromise or in case of the liquidation of the goods stipulated in the contract.
9. Cases of force majeure
Neither party will be held responsible towards the other for non-completion or for delays in respecting any of the obligations in this contract in a case of force majeure recognized by case law.
A case of force majeure suspends all obligations stipulated in this contract for its whole duration. However, if the situation of force majeure lasts beyond 30 consecutive days, it could lead to the rightful termination of this contract by one or the other party eight days after sending a certified letter with acknowledgment of receipt, declaring this decision.
10. Claim from the Agency and Dispute
All claims relating to the publication of an ad on LUXURY-REAL-ESTATE must be made by the Agency within a period of 8 days after the ad is first published. Any dispute relating to the interpretation or operation of the membership will be brought before the French Court of Commerce.