SPECIFIC AND GENERAL CONDITIONS (France + Europe)
Product: ONE LUXE IMMO PACKS MEDIA PROPERTIES
Scope and object:
The “Property Media Pack” Contract exclusively concerns prestigious real estate from 1.5 million euros offered for sale and is reserved for all individuals and real estate professionals holding a transaction card, playing a role of intermediary between private seller or buyer, acting as an agent for the transaction and receiving a commission when signing with a notary and at the Notaries under the terms of article 1 of the order of November 2, 1945 relating to the notarial status.
1.2. These special conditions (hereinafter the “Special Conditions”) complete the General Conditions of Sale of ONELUXEIMMO. In case of contradiction, these Special Conditions prevail.
The “Property Media Pack” Contract allows the Advertiser to benefit from the functionalities described
in the point below (“the Features”).
The Features form an inseparable whole and cannot be subscribed to Termination of the Advertiser’s Contract, or of one of its Features, will result in the termination of the Subscription to all the Features making up the “Properties Media Pack” product.
Duration and billing:
2.1. The “Media Properties Pack” Contract is concluded on the day of the signing of the Order Form for a period of 12 (twelve) months and is automatically renewed for periods of 12 (twelve) months, unless terminated under the conditions specified in point 3. .below.
2.2. Invoicing is monthly, on an equivalent date, per full month from the first month, invoiced upon signature and validation of the order form. Invoices are payable by automatic secure credit card payment online. ONELUXEIMMO reserves the right to charge online reconnection costs when the service is restored following a cut resulting from late payment.
3.1. The Advertiser may terminate the “Property Media Pack” Contract on the anniversary date of the Contract, by EMAIL to firstname.lastname@example.org respecting a notice period of 1 (one) month.
3.2. If, for reasons attributable to the Advertiser, the Subscription ends outside the termination periods defined in articles 3.1 above, ONELUXEIMMO reserves the right to immediately suspend the services delivered under the Subscription.
All sums paid to ONELUXEIMMO by the Advertiser on the date of termination of the contract remain acquired by ONELUXEIMMO, which shall be entitled to demand immediate payment of any sum invoiced or remaining to be invoiced until the expiry of the ‘Subscription.
Features of the “Properties Media Pack”:
The Features making up the “Properties Media Pack” are as follows: Dissemination of Advertisements within the limit of 9 (Nine) Properties / Advertisements, Logo, directory, video and photo production and Post-production. In addition to the aforementioned Features, the Advertiser may also have access, via its professional interface (secure access by login and password), to additional features that ONELUXEIMMO reserves the right to change or delete without notice and without the Advertiser cannot make any claim in this respect. The “Property Media Pack” Subscription Contract entitles the Advertiser:
4.1.the simultaneous distribution of a maximum of 9 (Nine) Properties/Ads on the Media defined in the Order Form (“Production/Distribution of Classified Ads” feature). The Advertiser signing the “Property Media Pack” Order Form acknowledges and accepts that he alone will benefit from the “Production/Distribution of Classifieds” Functionality, the latter not being able to benefit several agencies. If the number of Ads communicated for distribution by the Advertiser exceeds 9 (Nine) Properties/Ads, ONELUXEIMMO will update the order form with a proposal greater than 9 (Nine) Properties/Ads, in order to comply to the number of Advertisements specified herein. A new purchase order indicating the new price will be published. Each ad includes a media package (video/photo production) produced by oneluxeimmo under this contract. The advertiser acknowledges and accepts without reservation that there is a time lag in the publication or insertion of the video produced by oneluxeimmo, this being subject to the appointment being made with the owner by the advertiser himself. . Oneluxeimmo is in no way responsible for the forgetting to make an appointment with the owner by the advertiser “the agency”. The advertiser also acknowledges that there is a video post-production ranging from 72 to 96 hours. Once produced, the video is integrated into the customer’s account, on the corresponding ad and the latter cannot modify it in any way. The advertiser will be informed by oneluxeimmo of the end of the production of the video and its publication. The media pack (photos and videos) provided remains the exclusive property of oneluxeimmo.
The fact that the Advertiser does not advertise on oneluxeimmo and its partner media, during a given month, provided for herein, will not lead to the postponement to the following month(s) of the number of Properties/ Ads not served.
The Properties/Ads must include at least 5 (Five) photographs per ad in order to be posted on oneluxeimmo.com and partner Supports. ONELUXE IMMO does not make any commitment on the volume of contacts received by the Advertiser following the distribution of its Properties/Ads.
4.2: the display of its logo in the list of results, as well as in the details of its Ad (“Logo” feature). –
4.3: the listing of the Advertiser in the directory of professionals (“the Directory”) of the oneluxeimmo Site, (“Agency Directory” functionality). Advertisers appear with their contact details, in the initial sorting of the Directory.
4.4. Exclusive distribution of Properties/ads (Owner/Professionals)
At OneLuxeImmo, we are committed to providing an exceptional quality ad publication service. We have decided to revolutionize the field of real estate advertising, particularly in what constitutes an unprecedented approach in the distribution of advertisements.
We have made a fundamental decision: to publish only one, regardless of the type of mandate of the professional (whether simple, semi-exclusive or exclusive).
This therefore means that if you opt for a silver pack including a property/announcement and that you have a simple mandate, you will benefit from exclusive and privileged treatment.
Other professionals as well as the owner will not be able to publish this property on our website oneluxeimmo.com. This rule applies to all our packs (1, 3, 6, 9 ads) as well as the Owner Sales Media Pack. Please note that we apply the principle of “First come, First served”, which is valid at the time of the effective signature of the order form and the first payment.
Thus, other agencies having the same property for sale (in simple mandate) will not be able to publish it on the oneluxeimmo.com site. This rule also applies to the owner who will not be able to advertise his property on oneluxeimmo.com. If a competing agency validates the order form for the same property on the same day as you, it is the validation of the 1st payment that will give absolute priority for exclusive distribution on oneluxeimmo.com.
5.1 Content: regardless of the Feature concerned, the Advertiser acknowledges that it is the exclusive author of the Advertisement, of any content inserted via its professional interface, and more generally of any content of any kind provided to ONELUXEIMMO (the “Content”). As such, he takes full responsibility for the Content which he wishes or allows to be published through ONELUXEIMMO. Therefore, the Advertiser relieves ONELUXEIMMO of all liability and, as necessary, will relieve it and guarantee it of all convictions which could be pronounced and which would be the consequences of said Content.
5.2: Distinctive signs of the Advertiser: the Advertiser is solely responsible for acquiring all the rights and authorizations relating to the distinctive signs that it transmits to ONELUXEIMMO and releases the latter from all responsibilities and, as necessary, the will raise and guarantee it from all the sentences which could be pronounced and which would be the consequences of the said distinctive signs.
5.3 Contacts: ONELUXEIMMO does not make any commitment, and this for any of the Functions, on a volume of contacts, on the qualification of the contacts received by the Advertiser, nor on the transmission of the contacts by e-mail to the Advertiser. In addition, the Advertiser will be solely responsible for the use of the personal data that the Internet user has communicated to him during his contact requests and in particular for modifying or deleting the data in his possession, in the event that the Internet user would request it. In accordance with the applicable legislation, ONELUXEIMMO will delete from all of its databases and in particular from the Advertiser’s professional interface, the Internet user’s data in the event that the latter so requests, without the the Advertiser cannot formulate any claim in this regard.
1.1. These general conditions (hereinafter the “General Conditions”) apply regardless of the subscription formula (hereinafter the “Subscription”) offered by ONELUXEIMMO and chosen by the advertiser designated in the Order Form (hereinafter the Advertiser”). Signing the order form on which the General Conditions appear (hereinafter the “Order Form”) constitutes acceptance of these General Conditions.
1.2. (1) The Order Form, (2) the Special Conditions applicable to the Subscription, (3) these General Conditions (4) the rules for the use of the Services indicated in particular in the Advertiser’s online interface, (5) and the Tariffs, thus classified in order of priority, together constitute the contractual framework of relations between ONELUXEIMMO and the Advertiser (hereinafter “the Contract”).
1.3. In case of contradiction between i) the terms of the aforementioned documents, the provisions of a higher rank will prevail over those of a lower rank in the order indicated above and/or ii) between the provisions of different versions of the same document , the provisions of the most recent version will prevail as those of the version then in force. In the event of modification of a contractual document by ONELUXEIMMO, each modification will automatically form an integral part of the Contract and the Subscription binding the Advertiser to ONELUXEIMMO from its notification by any means to the Advertiser.
2.1. The purpose of the General Conditions is to set the terms and conditions under which ONELUXEIMMO provides the Advertiser with (i) advertisement distribution services (hereinafter “the Advertisements”) for real estate (hereinafter “the Properties”) on the Supports defined below, (ii) as well as, where applicable, additional services (hereinafter, collectively referred to as the “Services”).
2.2. The Contract gives the Advertiser the right (i) to the simultaneous publication of a maximum number of Advertisements on the www.oneluxeimmo.com website (hereinafter “the ONELUXEIMMO Website”) and its ONELUXEIMMO mobile application. The Advertisements may also be broadcast on any other digital medium published by the ONELUXEIMMO company and additionally on websites and/or partner media (which are not published by ONELUXEIMMO), which the Advertiser expressly accepts (designated below – after, as a whole, by the “Supports”).
3. SUBSCRIPTION – DURATION AND END OF SUBSCRIPTION
3.1. All our offers are valid for 1 (one) month from the date of issue of the Order Form. After this period, the Order Form will be considered null and void. The Contract is entered into subject to receipt by ONELUXEIMMO of the duly signed Order Form and payment.
3.2. Unless otherwise provided in the Special Conditions, the Contracts for the dissemination of Advertisements on the ONELUXEIMMO Site are subscribed for a period of 12 (twelve) months and are tacitly renewed for successive periods of 1 (one) year, except (i) denunciation by one or other of the parties under the conditions set out in point 3.3 below or ii) substitution at any time and subject to reasonable notice by ONELUXEIMMO of the Subscription by a Subscription comprising Services that are at least equivalent and/or superior.
3.3. Unless otherwise provided in the Special Conditions, the Advertiser may terminate the Advertisement Distribution Contract on the anniversary date of the Contract, by registered mail with acknowledgment of receipt or by e-mail respecting a notice period of 1 (one) month.
4.1. The prices indicated on the Order Form are established on the basis of the Tariffs in force on the day of the start of the contractual relationship between the Advertiser and ONELUXEIMMO. ONELUXEIMMO undertakes with regard to the Advertiser to maintain the Price of the Subscription that he has chosen during the first year of Subscription. Beyond this first year, in the event of renewal of the Subscription, ONELUXEIMMO will be free to change the Rates. In this case, the Advertiser is informed by any means one (1) month before the entry into force of the new Tariffs. If the Advertiser refuses the increase in the Rates, he may, for another one (1) month after the entry into force of the Rates, terminate the Subscription by registered letter with acknowledgment of receipt or email. The termination will take effect at the end of the month in which the notification was made.
4.2. Notwithstanding the foregoing, and unless otherwise provided in the Special Conditions subscribed, ONELUXEIMMO reserves the right to revise upwards the prices annually on 1 January of the current year, depending on the evolution of the Syntec index. , according to the following formula: P1 = P0 x (S1 / S0) where P1 = revised price, P0 = original price, S0 = Syntec index published on the date of the previous revision or original index (date of signature of the contract) S1 = last
6. SUSPENSION – TERMINATION
6.1. The ONELUXEIMMO Site being a site specializing in the posting of high-end Real Estate Ads from 1.5 million euros, ONELUXEIMMO therefore reserves the right to refuse or suspend the publication of an Ad. of a Property that cannot be considered as a property of character, charm or prestige. ONELUXEIMMO also reserves the right to refuse or block the publication of Ads that do not comply with (i) the regulations in force and/or (ii) the technical constraints inherent in the Services and/or (iii) the contractual commitments of the ‘Advertiser under the Contract, without prior notification or financial compensation. ONELUXEIMMO also reserves the right to terminate the Services provided without notice, in particular in the event of inaccuracy or defect in the constitution of the account opening file. 6.2. In the event that the Contract terminates, for reasons attributable to the Advertiser, outside the termination periods provided for in the General Conditions or the Special Conditions, ONELUXEIMMO reserves the right to suspend without delay the Services delivered under the CONTRACT. All sums paid to ONELUXEIMMO by the Advertiser on the date of termination of the Contract remain acquired by ONELUXEIMMO, which shall be entitled to demand immediate payment of any sum invoiced or remaining to be invoiced until the expiry of the Contract. .
7. INTELLECTUAL PROPERTY
7.1 The Advertiser grants to ONELUXEIMMO during the term of the Contract, a non-exclusive license to use for the whole world (i) its distinctive signs (ii) the content of the Advertisements transmitted by the Advertiser to ONELUXEIMMO in the framework of the execution of the Contract.
7.2 The content of the Advertisements may be used by ONELUXEIMMO for statistical purposes or to develop real estate market trend indicators which may be put online or distributed by ONELUXEIMMO. The parties agree that ONELUXEIMMO, in its capacity as producer of the database, within the meaning of article 341-1 of the Intellectual Property Code, may oppose, if it sees fit, any extraction of a substantial part of its content. ONELUXEIMMO may mention the name and commercial visual(s) (such as logo(s) and photographs) of the Advertiser in the Advertisement Publication Media, which the Advertiser expressly accepts and guarantees in case of claim from a third party against ONELUXEIMMO.
8. PERSONAL DATA
Access to the Services and their use may give rise to the collection and processing of personal data, the use of which is subject to the provisions of applicable laws on the protection of personal data. ONELUXEIMMO acts as the Advertiser’s service provider to process the personal data entrusted to it by the latter under the Contract. The Advertiser has the status of “personal data processing manager” within the meaning of the “Informatique & Libertés” law n°78-17 of January 6, 1978 as amended and is exclusively responsible for the legal obligations incumbent on him in this respect.
9.1. Regardless of the medium chosen for its publication, the Advertiser acknowledges that it is the exclusive author of the Announcement. As such, he takes full responsibility for the content of the Advertisements which he wishes or allows to be published through ONELUXEIMMO. Therefore, the Advertiser relieves ONELUXEIMMO of all responsibilities and, as necessary, will relieve it and guarantee it of all convictions which could be pronounced and which would be the consequences of the publication of an Announcement.
9.2. The login and/or password (“the Username”) which allow the Advertiser or his agents to access online a personal interface for managing his Ads and his account with ONELUXEIMMO, are strictly confidential. and not transferable. The Advertiser undertakes, for himself and for his employees acting under his responsibility or his authority, not to reveal his Identifier to third parties. All connections or connection attempts to ONELUXEIMMO’s online services made using an Identifier are irrefutably deemed to emanate from the Advertiser, who assumes all responsibility in the event of disclosure of the Identifier, loss, misappropriation or fraudulent use of the Identifier by any third party, including its employees. If necessary, the Advertiser must immediately notify ONELUXEIMMO.
9.3. ONELUXEIMMO s’engage à faire ses meilleurs efforts pour sécuriser l’accès, la consultation et l’utilisation du Site ONELUXEIMMO. L’accès audit Site est possible vingt-quatre (24) heures sur vingt-quatre (24), sept (7) jours sur sept (7) sauf en cas de force majeure ou d’événement hors du contrôle de ONELUXEIMMO et sous réserve des éventuelles pannes et interventions de maintenance nécessaires au bon fonctionnement du site, qui pourront être effectuées sans en avoir averti l’Annonceur au préalable.
- CESSION ONELUXEIMMO pourra librement céder ou transférer tout ou partie du Contrat à toute société du Groupe ONELUXEIMMO auquel ONELUXEIMMO appartient, la cession ou le transfert du Contrat s’effectuant alors de manière automatique et sans formalité préalable, ce que l’Annonceur accepte expressément.
- PREUVE Les Parties conviennent que toutes les données, informations, fichiers et tout autre élément numérique échangés entre les Parties constitueront des preuves recevables, valides, opposables et ayant la force probante d’un acte sous seing privé. Les Parties s’engagent à ne pas contester la recevabilité, la validité, l’opposabilité ou la force probante des éléments de nature ou sous format électronique précités, sur le fondement de leur nature électronique. Sauf preuve contraire, ces éléments seront valables et opposables entre les Parties de la même manière, dans les mêmes conditions et avec la même force probante que tout document qui serait établi, reçu ou conservé par écrit. Les dispositions qui précèdent relatives à la preuve ne sont pas applicables aux notifications entre les Parties prévues par courrier recommandé avec accusé de réception.
- JURIDICTION Tout différend entre les parties sera de la compétence exclusive du Tribunal de Commerce de LONDRES, nonobstant pluralité de défendeurs, appel en garantie ou référé.