Subject and acceptance of the General Terms and conditions of sale (GTC)
These general terms and conditions of sale and subscription define the contractual relationship between BF COMMUNICATION - SAS with share capital of EUR 100,000, registered at the RCS of TOULON 795 273 655, with registered office in Valparc 2, Jean Monnet Sud, Avenue de Rome, ZE les Playes, 83500 La Seyne sur Mer - and its advertisers: real estate professionals and private advertisers.
BF COMMUNICATION, through the website "Meretdemeures.com", offers to its customers a service of advertising space rental as well as a service for the dissemination of advertisements for the sale or lease through paper and digital supports and the Internet. These GTC define the conditions for subscription to such benefits.
In accordance with the provisions of Article L441 -6 of the "Code du Commerce" (Commercial Code), BF COMMUNICATION agrees to communicate, upon request, its GTC to the customer advertiser.
With the signing of an advertising contract or one intended for the publication by BF COMMUNICATION, the advertiser specified in the contract, or his authorized representative, accepts without reservation the GTC and commits to respect them.
Any addition, modification or deletion, applied to the contract, to the terms of publication or these terms and conditions of sale must be countersigned by BF COMMUNICATION in order to be enforceable against the latter.
The fact that BF COMMUNICATION does not exercise or enforce any right or provision of these Terms & Conditions should never be viewed as a waiver to such right or the application of a provision, unless BF COMMUNICATION consents to this, and declare it in writing.
Terms and Conditions of Sale
With the signing of a contract with BF COMMUNICATION, publisher of "Meretdemeures.com", the advertiser and his representative accept without reservation the present General Terms and Conditions of Sale.
1 / Contract
A contract is considered valid only after the advertiser or his representative receives a signed copy of the same contract by BF COMMUNICATION. The two sides are bound by this document and must comply with the conditions listed.
The advertiser may conclude contracts directly at BF COMMUNICATION or through an authorized representative. In this case, the advertiser must give to BF COMMUNICATION a copy or a certificate of the mandate. The contract and the invoice will be addressed to the name of the advertiser, a copy will be issued to the agent.
An advertiser who is part of a group of companies that are already customers of BF COMMUNICATION, is entitled to the same treatment as that granted to the Group. The Group includes companies held for at least 50% by the same legal entity.
In case of a publication on the website "meretdemeures.com" and on its applications, the duration of the advertisements publication or of the advertising space is specified on the Order Form for publication. In case of a digital publication in the magazine and/or on paper, the number of the magazine must be indicated on the Order Form for publication.
It is understood that the tariff to promote properties of new building is different from that of an "elder" property. The customer cannot subscribe with tariffs intended for “elder” properties to promote properties of new building.
In the event that the terms of the contract or those of the GTC of are not respected, BF COMMUNICATION reserves the right to terminate the subscription, the publishing contract or the advertising contract of the advertiser, waiting for the regularization of the contractual situation.
2 / Liability and commitments of the advertiser
The advertiser agrees to use the service subscribed by BF COMMUNICATION in accordance with these Terms and Conditions of Use, in accordance with the use for which it was established. Any misuse of "meretdemeures.com" or not in accordance with the contractual terms is forbidden.
The advertiser is the only user of performances and services that have been sold by BF COMMUNICATION, which should be used only by the signatory of the contract and cannot be resold to third parties without the express consent of BF COMMUNICATION.
In the event of non- compliance with the present General Conditions of Use, the laws in force, or in the case of content deemed incompatible with the aims of the service offered, the advertiser assumes its responsibility in the face of possible legal petitions. According to the criteria named above, BF COMMUNICATION reserves the right to refuse or cancel an advertisement without notice, without granting allowances nor refunds to the advertiser.
The advertiser, if he is a real estate professional, agrees to provide proof of possession of the Estate Agent Card (UK) or the Real Estate Broker Card (USA) or equivalent document abroad, which authorize him to sell and/or rent on behalf of third parties.
In case of service by publication on a media magazine (digital or paper), the advertiser agrees to comply with the deadline set for the submission of its textual and visual material, referred to as "closing day" by BF COMMUNICATION.
The advertiser is responsible for the compliance with the conditions specified in the present GTC, with the payment of publications in his name. In no case, a failure to perform one or more publications can justify compensation or the suspension of the payment of the products mentioned in the contract.
The advertiser agrees to provide at the time of signing his contract and throughout the contract period, up to date information of identification and will endeavor to provide within 15 days any changes to the information previously transmitted. The advertiser is solely responsible for the information communicated to BF COMMUNICATION.
The advertiser agrees to maintain the confidentiality of his login credentials to access the Pro Account. He/she is the only responsible in case of loss or theft of the above-mentioned and is willing to assume the consequences. The user cannot send, under any circumstances, his login credentials to third parties.
BF COMMUNICATION is doing its utmost to provide the best service possible to its advertisers. For common interests in the proper functioning of the website, the customer – advertiser commits to inform BF COMMUNICATION of any competitor, parasite, looting or any other act directed to the database "meretdemeures.com", as soon as he/she gains knowledge of it.
3 / Guarantees and limits of liability of BF COMMUNICATION
In the event of force majeure (as defined by French law) or events that cannot be rationally under the control of BF COMMUNICATION, the execution of the service of BF COMMUNICATION and of the co- signed contract with the advertiser may be suspended. BF COMMUNICATION cannot be held responsible for damage caused by such interruption of services.
BF COMMUNICATION cannot be held liable for indirect bias (commercial, financial, degradation of image and reputation, direct action by third parties) which may be suffered by the advertiser.
BF communication cannot be held liable for any retouching of the images provided to illustrate the insertion, in the event that the submitted images do not meet the specifications mentioned in Article 5 of these GTC.
BF COMMUNICATION does not participate in the drafting of the ads, so the task depends exclusively on the responsibility of the advertiser.
BF COMMUNICATION cannot guarantee the absence of computer viruses that may be triggered by other advertisers.
BF COMMUNICATION cannot guarantee a deadline for what concerns the processing of images.
BF COMMUNICATION cannot guarantee to provide the Internet service in the event of malfunction of the Internet network, malfunction of the connection server or in case of an error of use by the advertiser.
BF COMMUNICATION, as a simple support, cannot guarantee the results produced by the advertisements made on its website or its magazines.
BF COMMUNICATION guarantees the respect of the "Loi sur l'Informatique et les Libertés" (data protection act) of January 6th, 1978 relating to computerized processing of the data provided by the advertiser. Advertisers may access and correct his data held by BF COMMUNICATION at any time and deny their transmission to third parties.
BF COMMUNICATION commits to operate in order to maintain the proper functioning of its services.
While recognizing the causes, the responsibility of the advertiser to BF COMMUNICATION is limited to the actual price paid for the publication of the advertisement.
4 / Rate, turnover and payment
BF COMMUNICATION reserves the right to modify at any time the rates of its products. This possible change in price will be notified to the advertiser in a minimum given time of two months before the effective date of the change in the rate. Except dispute by the customer, within 30 days after notification, the new rates will be considered as accepted by the advertiser.
The regulation of the invoice must be made up to ten working days after reception of the invoice, except in the case of preliminary agreement countersigned by BF COMMUNICATION. The performance and the billing period start as soon as the contract is signed.
All payments must be addressed to BF COMMUNICATION SAS with a description of the diffusion media and the issue needed, except otherwise agreed.
The fees relating to the dissemination of an advertisement are charged to the advertiser and invoiced at the rate in force.
In accordance with the provisions of Article 20 of law n° 93-122 of 29th January 1993 relating to the prevention of corruption and transparency of economic life and public procedures, the remittance of 15% applied as a tax relief of reference on the invoiced price excluding VAT will be explicit in the bill. In the invoice will appear also the decreasing or cumulated tariffs and will be subjected to an adjustment of the terms of the contract.
In accordance with the provisions of the article L441-6 of the "Code du Commerce" (Commercial Code), in the event of late payment, penalties can be applied without prior contact from BF COMMUNICATION. In this case, the penalty shall be assessed up to three times the legal interest rate set by the European Central Bank. Fixed by the decree of 2nd October 2012, it is also provided the collection of a lump sum allowance of 40 €.
In the event of a total or partial lack of payment of a subscription made by an agent to benefit an advertiser, BF COMMUNICATION reserves the right, after noting the failure of the adviser, to ask for the regulation of the amount due to the agent.
BF COMMUNICATION provides to the adviser all the supporting elements of the content of the contract, of the drafting of the bill and of the services provided in accordance with existing techniques. The list of these elements is opposable to the advertiser as evidence.
BF COMMUNICATION makes available to every advertiser, different means of payment to facilitate the transaction:
5 / Techniques, publication material
To ensure the best possible print quality, the advertiser must send BF COMMUNICATION its textual and visual material according to the following criteria:
The image file should be sent in JPEG format, ratio 4/3 or 16 /9.
The real property or the proposed object must be at the center of the photograph published to ensure a satisfactory outcome, whatever are the scale or the size of the final representation.
The resolution of the image must not be less than 800 x 600 pixels at 72 dpi.
The files size should not exceed 3 MB.
The constituent elements of a publication for the digital magazine should be sent to firstname.lastname@example.org.
For advertising space, the specifications are identical. The material should be sent to email@example.com.
The photographs must be recorded and sent in JPEG or TIFF to firstname.lastname@example.org. Their resolution should not be less than 2480 x 1860 pixels at 300 dpi.
The sale price indicated on Singles Ads must be indicated with the words “Agency Fee Included”. The advertiser will also have to indicate the price of a rental inclusive of the expenses.
BF COMMUNICATION reserves the right not to publish text and visual material that does not comply with the criteria listed above.
6 / Property Rights, Copyrights
The advertiser is responsible for the content of ads and acknowledges to be its sole author. In doing so, he claims to have all the rights (copyright, intellectual property ...) that entitle him to freely disseminate the contents of the advertisement.
Any reproduction of one of these constitutive elements of the website "meretdemeures.com" is forbidden.
The advertiser does not have any ownership rights in "meretdemeures.com" and is the only responsible in case of infraction of the property rights of BF COMMUNICATION.
7 / Duration, renewal, suspension, dissolution or cessation of the contract
For each request for suspension or dissolution of the contract, the advertiser must notify through a registered letter addressed to BF COMMUNICATION - Valparc 2, Jean Monnet Sud, Avenue de Rome ZE les Playes, 83500 La Seyne sur Mer - with a 30 days’ notice.
Any interruption or dissolution of the contract relating to one or more publications (paper, digital and web) will be subject of a tariff revaluation in proportion to the number of publications and according to the rate in force. In the event of interruption or dissolution of the contract, an additional invoice will be issued as regularization and according to the tariff in force.
Commitment for the entire duration of the subscription, then tacit renewal for an unlimited period by successive periods of one month. The advertiser may terminate his contract at the end of the subscription period by registered letter respecting the above-mentioned notice.
After the expiration date, the advertiser enjoying the professional network loses the right to access to the same network as well as its contents.
In case of total or partial lack of payment by the advertiser, of not complying with these terms or those of the contract, and after injunction remained without effect within eight days of reception, the contract can be suspended or terminated by BF COMMUNICATION.
For each request for suspension or termination of the contract, the advertiser must communicate by registered letter at least thirty days before the closing date of the issue (paper or digital).
After this deadline, the order of publication will be normally invoiced in accordance with the terms of the contract.
For each request for suspension or termination of the contract, the advertiser must communicate by registered letter at least thirty days before the date of release mentioned in the contract.
After this deadline, the order of advertising will be normally invoiced in accordance with the terms of the contract.
Unless a resolution request is sent expressly by the advertiser (via registered letter), the contract will be renewed by tacit agreement for durability and performance identical to those of the initial contract.
In all cases described in the present GTC, the invoices issued by BF COMMUNICATION are due without the owner can claim allowance or claim damages and interest whatsoever.
The advertiser cannot under any circumstances give in for free or in exchange for money, permanently or temporarily, nor resell the benefits of his contract to third parties.
8 / Jurisdiction - Dispute
BF COMMUNICATION reserves the right to change, at any time and without notice, its General Terms and Conditions of Sale or of subscription.
In order for a complaint relating to a publication to be taken into account by our administrative services, the latter must be filed within a period of at least eight days following the insertion of the publication. In case of dispute, the latter will be subject to the jurisdiction of the Court of Toulon.
These Terms & Conditions are subject to French law. Any claim or dispute concerning the interpretation, acceptance or execution of these will be subject to an amicable regulation attempt, pursued and permitted by the parties. In case of failure, and after an extension of three months from the written notification of the complaint or dispute, the Court of Toulon will be the only competent authority. The Court of Aix-en-Provence will be the only competent jurisdiction in the event of appeal of warranty, in the event of plurality of defendants, in the event of emergency procedure or conservatory on request or for summary trial.
*This translation is made for information purposes only, and only the French version is legally binding.