General Terms and Conditions of sale – Professionals advertisers
These General Terms and Conditions of Sale (GTCS) 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 professionals advertisers.
BF COMMUNICATION, through the website www.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 its paper, digital and internet media as well as on the media of its publishing partners. These GTCS 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 GTCS to the advertiser.
By signing a contract with BF COMMUNICATION, the advertiser specified in the contract, or his authorized representative, accepts without reservation the GTCS and commits to respect them.
Any addition, modification or deletion, applied to the contract or these General 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 GTCS should never be viewed as a waiver to such right or the application of a provision.
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.
In case of a publication on the website www.meretdemeures.com and on its applications, the duration of the advertisements publication or of the advertising space is specified on the contract. In case of publication on digital and/or paper medium, the number and the nature of the medium must be indicated on the contract.
It is understood that the tariff to promote properties of new building is different from that of an "elder" property. The advertiser 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 GTCS of are not respected, BF COMMUNICATION reserves the right to adjourn the contract, 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 GTCS, in accordance with the use for which it was established. Any misuse of www.meretdemeures.com or not in accordance with the contractual terms is forbidden.
The advertiser is the sole user of the services sold to him by BF COMMUNICATION, which must be used exclusively by the signatory of the contract. This services cannot be resold to third parties without the express consent of BF COMMUNICATION.
In the event of non- compliance with the present GTCS, 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 digital or paper media, 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 GTCS, with the payment of publications in his name.
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 has access to a Personal Space (“Dashboard”) allowing him to manage his ads and consult his statistics. By creating this Personal Space, the advertiser has a unique identifier and a strictly personal password that can only be modified by him. The advertiser therefore undertakes to keep his identifier and password confidential and not to pass them on to third parties. All access to the personal space of the advertiser is under the sole responsibility of the advertiser and can in fact only be made with his unique identifier and password. This access is automatically deemed to have been made by the advertiser.
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 advertiser commits to inform BF COMMUNICATION of any competitor, parasite, looting or any other act directed to the database www.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 damages (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 GTCS.
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 medium, cannot guarantee the results produced by the advertisements made on its website or its other media.
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 (article 8 hereof). 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.
Payment of the invoice must be made upon receipt, 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 invoiced periods are due. In case of non-payment, the publication of advertisements will be interrupted pending the regularization of the payment.
All payments must be addressed to BF COMMUNICATION SAS with a description of the diffusion media, 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 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 a maximum value of 40 €.
In the event of a total or partial lack of payment of a contract signed 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:
BF COMMUNICATION uses the Secure Socket Layer (SSL) protocol to encrypt sensitive data and payment details of the advertisers of www.meretdemeures.com.
In the case of an online payment by credit card, the banking data of the advertisers of www.meretdemeures.com are collected by Stripe. This online payment solution ensures the confidentiality and protection of banking data. Stripe is PCI DSS Level 1 certified (Payment Card Industry Data Security Standard), the highest level of certification issued by the online payment industry. The PCI Security Standards Council founded by Visa, Mastercard, Discover, JCB International and American Express releases this certificate. For further information about Stripe: stripe.com/docs/security.
In the case of an online payment by PayPal, the advertiser does not provide his bank details on www.meretdemeures.com. PayPal is a secure online payment method. For further information about PayPal: www.paypal.com.
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 medium should be sent by email to Mer et Demeures.
For advertising space, the specifications are identical. The material should be sent by email to Mer et Demeures.
The photographs must be recorded and sent in JPEG or TIFF by email to Mer et Demeures. Their resolution should not be less than 2480 x 1860 pixels at 300 dpi.
For the real estate Professionals, the sale price indicated on Single 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 www.meretdemeures.com is forbidden.
The advertiser does not have any ownership rights in www.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 letter or an e-mail addressed to BF COMMUNICATION - Valparc 2, Jean Monnet Sud, Avenue de Rome ZE les Playes, 83500 La Seyne sur Mer / firstname.lastname@example.org - 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.
Open-ended period subscription with a minimum commitment period of 6 months. The advertiser may terminate his contract at the end of the commitment period by letter or e-mail by observing the 30 day's notice period.
On the date of termination of the contract, the advertiser with access to the professional interface loses all access to the aforesaid interface and 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, the contract can be suspended or terminated without notice by BF COMMUNICATION.
For each request for suspension or termination of the contract before its expiry, the advertiser must notify it by letter or e-mail 30 days before the desired termination date.
On the date of termination of the contract, the advertiser with access to the professional interface loses all access to the aforesaid interface and its contents.
For each request for suspension or termination of the contract, the advertiser must communicate by letter or e-mail at least 30 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.
In all cases described in the present GTCS, 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/ Personal Data protection:
8-1. Personal data
8-1.1. Data controller
The person responsible for the processing and collection of personal data is:
Simplified Joint Stock Company with a capital of € 100 000
Registered office: Valparc 2, Bât B, Avenue de Rome, 83500 - La Seyne sur Mer.
RCS de Toulon 795 273 655
Intracommunity VAT : EN 537 952 736 55
8-1.2. Details of Personal Data collected by BF COMMUNICATION
The Personal Data collected from the advertiser by BF COMMUNICATION are:
8-1.3. Collection of Personal Data
BF COMMUNICATION collects the above Personal Data when:
8-2. Purposes of the processing of Personal Data by BF COMMUNICATION
The storage and processing of the advertiser's Personal Data, listed above, serve the following purposes:
Only the Personal Data necessary to achieve the above purposes are processed by BF COMMUNICATION (Article 5.1 of the General Data Protection Regulation also said “GDPR”).
8-3. Legal Framework of Treatment
By accepting the present GTCS and in application of articles 6.1 and 13 of the GDPR, the advertiser becomes aware of the nature of the Personal Data collected by BF COMMUNICATION and their processing mentioned above.
By accepting these GTCS, the advertiser agrees and acknowledges that his Personal Data are necessary for the proper functioning and proper performance of the Services offered by BF COMMUNICATION.
The sole purpose of BF COMMUNICATION is to allow the advertiser to benefit from its Services under the best conditions while protecting the advertiser's rights and Personal Data, in perfect agreement with the GDPR.
8-4. Recipients of the advertiser's Personal Data
The data collected by BF COMMUNICATION may be communicated, in compliance with the regulations and laws applicable to BF COMMUNICATION according to Article 6 of the GDPR to one or more persons defined as follows:
8-5. Duration of retention of personal data
In accordance with Article 18 of the GDPR, the advertiser’s Personal Data collected by BF COMMUNICATION is stored in a database managed by BF COMMUNICATION, with the utmost confidentiality and security in accordance with the laws applicable to BF COMMUNICATION, for a period of one year from its last access to the Website. If necessary, the Data may be kept for a further two years, under restricted and exceptional access, in order to meet legal obligations concerning administrations and judicial authorities.
BF COMMUNICATION undertakes to take all feasible and reasonable measures to protect the Data stored on the Database (firewall, controlled access) and to prevent unauthorised third parties from accessing it.
The Database is hosted on a protected server of the company 20Tab srl., Via Luigi Gastinelli 118 - 00132 Roma. VAT/CF: 11955811002. Contact: email@example.com.
8-6. Advertiser's rights relating to Personal Data
8-6.1. Rights of the advertiser
In accordance with the laws applicable to BF COMMUNICATION and in accordance with Article 17 of the GDPR, the advertiser has the right to:
If the advertiser exercises his/her right to oppose, to rectify, to delete or the right to be forgotten, BF COMMUNICATION will stop processing the advertiser's Personal Data and will proceed to the total deletion of his/her Data. In case of necessity (finding of infringement on the part of the advertiser) BF COMMUNICATION has the right to keep the advertiser’s Data for Legal purposes, in accordance with the GDPR.
8-6.2. Conditions for exercising the advertiser's rights
To exercise his rights to opposition, deletion, rectification or his/her right to be forgotten, the advertiser must send a letter in simple form to BF COMMUNICATION at the address mentioned in Article 8-1.1 of these GTCS, not forgetting to attach proof of identity.
8-7. Personal Data security
BF COMMUNICATION undertakes to take all necessary measures to guarantee the security of the Personal Data of the advertiser, in particular to block any unauthorised access to third parties.
9 / Jurisdiction - Dispute
BF COMMUNICATION reserves the right to change, at any time and without notice, its General Terms and Conditions of Sale.
In order for a complaint relating to a publication to be taken into account by the administrative services of BF COMMUNICATION, 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.