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These General Terms and Conditions of Sale lay down the contractual relations between BF COMMUNICATION – a French simplified joint-stock company incorporated as a SAS with a capital of €100,000, which is registered on the Trade and Companies Register of Toulon under number 795 273 655 and whose registered office is situated at Valparc 2, Bât B, Avenue de Rome, ZE les Playes, 83500 La Seyne sur Mer - and its Private Advertisers.

BF COMMUNICATION through www.meretdemeures.com offers to its customers a publication service pf property sale and rental advertisements on its Website and with its publishing partners. These General Terms and Conditions of Sale lay down the terms and conditions which govern the implementation of the said services.

In accordance with the provisions of article L441-6 of the Commercial Code, BF COMMUNICATION commits to give the Private Advertiser a copy of its General Terms and Conditions of Sale upon demand.

When the Private Advertiser purchases a product from BF COMMUNICATION, publisher of www.meretdemeures.com, he unconditionally accepts these General Terms and Conditions of Sale, known as GTCS, commits to comply with them and confirms that he is fully conversant with the General Conditions of Use (GCU).

If BF COMMUNICATION does not exercise its rights in relation with the following GTCS, the same cannot be interpreted as a waiver on the part of BF COMMUNICATION.

1. Liabilities and commitments of the Private Advertiser

By accepting these GTCS and by subscribing to a product (understood as the publication of an advertisement for a fixed period) with BF COMMUNICATION, publisher of www.meretdemeures.com, the Private Advertiser certifies that he is not a real estate professional and commits not to act on behalf of a real estate professional.

In the case of breach of the conditions set out in these GTCS, BF COMMUNICATION reserves the right to suspend the publication of the product acquired by the Private Advertiser, on any or all “Mer et Demeures” media, and to retain the payment made for the product, as compensation, without prohibiting any or all other legal action.

The Private Advertiser commits to use the service to which he has subscribed with BF COMMUNICATION in compliance with these GTCS and the General Conditions of Use (known as GCU) of www.meretdemeures.com and in accordance with the stipulated use. Any or all misuse of www.meretdemeures.com is prohibited.

Any or all reproduction of one of the constituent elements of the www.meretdemeures.com website is prohibited. The advertiser does not have any property right whatsoever on www.meretdemeures.com.

In case of non-compliance with these GTCS, the GCU of www.meretdemeures.com, and the laws in force or in the event of content that deemed incompatible with the purposes of the service on offer, the Private Advertiser assumes full responsibility for any possible legal action. Pursuant to the aforementioned criteria, BF COMMUNICATION reserves the right to refuse or delete a listing without notice, without compensation and without refunding the Private Advertiser.

The Private Advertiser commits to keep his login data confidential. He is solely liable if he loses them or is a victim of identity theft and accepts to assume the consequences that might arise therefrom.

2. Publication of the Advert product

A product corresponds to the publication of an advert for a given period of time. In doing so, BF COMMUNICATION authorises the publication of a single property per advert and per product.

The text, the price of the property, the contact details as well as the photographs may be modified free of charge during the period of publication provided the property presented in the advert stays the same. The property which is initially presented cannot under any circumstances be replaced by another property. Changes made to the advert can be accessed via a Personal Space as defined below.

The advert shall be published as soon as the departments of BF COMMUNICATION have verified that the publication criteria have been complied with.

The publication criteria which are required for an advert to be approved are as follows:

• The property presented must be situated at less than 50 km (31 miles) from the sea and/or have a Sea View.
• The photographs used must not come from a magazine or a commercial brochure or an aerial shot. They shall not be subject to copyright belonging to third parties, unless such copyright has been paid by the Private Advertiser or the person he represents.
• The photographs used must not show adults or children.
• The main elements of the advert must be consistent with the type of property offered and cannot promote other products or services.
• The advert must not contain a link or text reference to a different website than www.meretdemeures.com.

The Private Advertiser is responsible for the content of his advert and acknowledges that he is the sole author. He thus declares that he holds all the rights (copyright, intellectual property rights …) which authorise him to freely post his advert.

The Private Advertiser commits to ensure that the content of his advert is not misleading or dishonest. BF COMMUNICATION shall not under any circumstances be held liable if the constituent elements of the advert or if the information concerning the advertiser are inaccurate.

BF COMMUNICATION reserves the right to refuse to publish any or all advert which undermines or may harm the image of its mark and the Company on its www.meretdemeures.com website.

For a better quality of his advert, the Private Advertiser is encouraged to write the text in the languages available on the website www.meretdemeures.com. If the Private Advertiser has not compiled certain languages, BF COMMUNICATION will translate the text of the advert, at no extra cost, using an automatic translator.

BF COMMUNICATION is committed to placing on line on its website www.meretdemeures.com the real estate advert of the Private Advertiser with the corresponding description and photos provided by the Private Advertiser.

BF COMMUNICATION declines all responsibility concerning the reproduction, diffusion and use of an advert by an internet search engine and in particular if a modification of the advert or its deletion is not taken into account by the said search engine.

The Private Advertiser has access to a Personal Space (“Dashboard”) allowing him to manage his ads and consult his statistics. By creating this Personal Space, the Private Advertiser has a unique identifier and a strictly personal password that can only be modified by him. The Private 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 Private Advertiser is under the sole responsibility of the Private 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 Private Advertiser.

BF COMMUNICATION undertakes to transmit by e-mail to the Private Advertiser the data collected from visitors to www.meretdemeures.com who have made a request for information on the Private Advertiser's property and to make them accessible in the latter's Personal Space.

The Private Advertiser may, at any time, delete his advert via his Personal Space. His advert will then no longer be visible on www.meretdemeures.com. The Private Advertiser may also request that BF COMMUNICATION delete his advert from the www.meretdemeures.com website at any time. BF COMMUNICATION then undertakes to delete the advert from its website.

3. Prices and payment

The prices given by BF COMMUNICATION apply for a published advert per product, irrespective of the publication period chosen.

The advert shall be published and posted on the www.meretdemeures.com website in line with the prices and length chosen by the Private Advertiser. The price of products is clearly indicated on the www.meretdemeures.com website.

The payment of the advertisement is made online (timely payment via online banking transaction, secured transaction ensured by Stripe and PayPal platforms).

The payment of the advertisement shall only be registered once the publication of the advert has been approved, after the publication criteria stipulated in paragraph 2 have been verified.

Once the advert is published, the product is deemed to have been used. Its payment is owed to BF COMMUNICATION even if the advert is withdrawn before the end of the chosen publication period.

Any or all failure to pay for the price of the product owed shall result in the removal of the advert.

4. Banking data protection

BF COMMUNICATION does not collect or store the banking data of the Private Advertisers of www.meretdemeures.com.

BF COMMUNICATION uses the Secure Socket Layer (SSL) protocol to encrypt sensitive data and payment details of the Private Advertisers of www.meretdemeures.com.

BF COMMUNICATION uses the secure payment solutions Stripe and PayPal, international online payment companies.

• Stripe:

In the case of a payment by credit card, the banking data of the Private 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

• PayPal:

PayPal is a secure online payment method. By using PayPal, the Private Advertiser does not provide his bank details on www.meretdemeures.com.

For further information about PayPal: www.paypal.com

5. Personal Data protection

5-1. Personal data

5-1.1. Data controller

The person responsible for the processing and collection of personal data is:

BF COMMUNICATION
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

5-1.2. Details of Personal Data collected by BF COMMUNICATION

The Personal Data collected from the Private Advertiser by BF COMMUNICATION are:

• Name
• First name
• E-mail address
• Mailing address
• Password (encrypted data)
• One or more telephone numbers
• Address and GPS coordinates of the property (optional)

5-1.3. Collection of Personal Data

BF COMMUNICATION collects the above Personal Data when:

• Entering a contact form
• Opening of a Personal Space
• Filling in the registration form for the property advertisement

5-2. Purposes of the processing of Personal Data by BF COMMUNICATION 

The storage and processing of the Private Advertiser's Personal Data, listed above, serve the following purposes:

• Opening the Private Advertiser's Personal Space (“Dashboard”).
• Invoicing and accounting management.
• Sending of an e-mail informing of the new services of the Company and of its evolution.
• Geolocation of the property on the map of Mer et Demeures.

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”).

5-3. Legal Framework of Treatment

By accepting the present GTCS and in application of articles 6.1 and 13 of the GDPR, the Private Advertiser becomes aware of the nature of the Personal Data collected by BF COMMUNICATION and their processing mentioned above.

By accepting these GTCS, the Private Advertiser agrees and acknowledges that his Personal Data are necessary for the proper functioning and proper performance of the Services offered by BF COMMUNICATION.

Acceptance of the CTCS shall replace the contract signed between the Private Advertiser and BF COMMUNICATION.

The sole purpose of BF COMMUNICATION is to allow the Private Advertiser to benefit from its Services under the best conditions while protecting the Private Advertiser's rights and Personal Data, in perfect agreement with the GDPR.

5-4. Recipients of the Private 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:

• To authorized personnel of BF COMMUNICATION who have been authorized by the Data Controller to access and process Personal Data via protected personal access.
• To administrative or judicial authorities authorised by French law.

5-5. Duration of retention of personal data

In accordance with Article 18 of the GDPR, the Private 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.

5-6. Private Advertiser's rights relating to Personal Data

5-6.1. Rights of the Private Advertiser

In accordance with the laws applicable to BF COMMUNICATION and in accordance with Article 17 of the GDPR, the Private Advertiser has the right to:

• Oppose at any time to receive information from BF COMMUNICATION (Newsletter).
• Request to rectify, update or delete his/her Personal Data in connection with the use of BF COMMUNICATION's Services.
• Oppose at any time to the processing of his/her Personal Data in connection with the use of BF COMMUNICATION’s services.

If the Private Advertiser exercises his/her right to oppose, to rectify, to delete or the right to be forgotten, BF COMMUNICATION will stop processing the Private 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 Private Advertiser) BF COMMUNICATION has the right to keep the Private Advertiser's Data for Legal purposes, in accordance with the GDPR.

5-6.2. Conditions for exercising the Private Advertiser's rights

To exercise his rights to opposition, deletion, rectification or his/her right to be forgotten, the Private Advertiser must send a letter in simple form to BF COMMUNICATION at the address mentioned in Article 5-1.1 of these GTCS, not forgetting to attach proof of identity.

5-7. Personal Data security

BF COMMUNICATION undertakes to take all necessary measures to guarantee the security of the Personal Data of the Private Advertiser, in particular to block any unauthorised access to third parties.

6. Warranties and limits of liability of BF COMMUNICATION

In the event of a case of force majeure (which shall be deemed to mean the cases stipulated by French case law, technical breakdowns, internal and external strikes, bad weather …) or events which cannot reasonably be under the control of BF COMMUNICATION, the performance of the services of BF COMMUNICATION and the contract signed with the Private Advertiser may be suspended. BF COMMUNICATION cannot be held liable for the damage caused by such an interruption of its services.

BF COMMUNICATION cannot be held liable for the indirect losses (commercial, financial, damage to the advertiser’s image and reputation, or legal action brought by a third party) which the Private Advertiser might incur.

BF COMMUNICATION does not at any time take part in the drafting of the adverts for which the advertiser is exclusively liable.

BF COMMUNICATION cannot warrant the absence of computer viruses which might be introduced by other advertisers.

BF COMMUNICATION cannot warrant the provision of the internet services if there is a malfunction of the internet network or the Private Advertiser’s connection, or if the Private Advertiser does not use the network properly.

BF COMMUNICATION disclaims any liability for damages caused by the failure of the security system of the online transaction.

BF COMMUNICATION, in its capacity as a mere advertising tool, cannot warrant the effectiveness of the advert that is published or its return in terms of contact requests.

BF COMMUNICATION warrants that the French Data Protection Act of 6 January 1978 regarding the computer processing of the information provided by the Private Advertiser shall be respected. The Private Advertiser has a right to access and rectify his information at any time with BF COMMUNICATION and to refuse the dissemination of his information to a third party.

BF COMMUNICATION commits to do its utmost to ensure that its services function properly.

Where applicable, the liability of BF COMMUNICATION with regard to the Private Advertiser shall be limited to the amount that has actually been paid for the publication of the advert.

7. Jurisdiction - Dispute

BF COMMUNICATION reserves the right to modify its General Terms and Conditions of Sale at any time and without notice.

In order for a complaint relating to a publication to be accepted by the administrative services of BF COMMUNICATION, it should be filed within a maximum of eight days after the publication of the advert. If there is a dispute, it shall be referred to the competence of the Court of Toulon.

These GTCS are governed by French law. The parties agree that if there is a dispute or complaint relating to the interpretation, acceptance or performance of these GTCS, they shall first of all attempt to settle the matter out of court. If they fail and after three months from the date of the written notification of the dispute or complaint, the Court of Toulon shall have sole jurisdiction to hear the matter. The Court of Aix en Provence shall also have sole jurisdiction to hear a third party claim, a claim involving multiple defendants, emergency proceedings or a claim for protective measures in summary or ex parte proceedings.

*This translation is made for information purposes only, and only the French version is legally binding.