BUY - SELL - RENT - SHARE
 
Seller or Lessor Terms & Conditions
 

OPENING OF AN ACCOUNT AND ADHESION
CHARACTERISTICS OF INTERNET NETWORK
GENERAL TERMS AND CONDITIONS OF THE SELLER OR LESSOR

1. PREAMBLE

Demandimmo.com is a website developed and exploited by the DEMANDIMMO company.

The Demandimmo.com service is defined as a technical platform connecting property sellers or lessors and property seekers of the real estate...

Demandimmo as a technical intermediary did not leave to the contracts not concluded between the parts comparison by the means of the website Demandimmo.com..

Demandimmo.com gathers the greatest data base of people physical and morals seeking of the real estate (sale,rent unfurnished,rent furnished,rent vacation, share), to put them in relation to the owners and the professionals of the real estate in France..

Demandimmo.com lays out of information related with the products offered only as far as the description which is made by it by the property seeker, the property seller and the lessor.

Sommaire

2. CHARACTERISTICS OF INTERNET NETWORK

2.1 The access to Demandimmo.com is possible 24 hours a day, 7 days a week, subject to possible breakdowns and interventions of maintenance necessary to the correct operation of the website Demandimmo.fr.

2.2 Demandimmo reserves the possibility of returning its temporarily inaccessible Demandimmo.com website, for some cause that it is, in particular in order to complete work of maintenance or actualization, without the property seekers or property sellers (owners or professionals), lessors or the tenants can claim with any allowance for some cause that it is and of some nature that it is.

2.3 The communications protocols used are those of use on Internet.

2.4 The seller or the lessor of the real estate declares being informed of the reliability relative of Internet network, particularly because of :

  • relative safety in the transmission of the data;
  • continuity not-guarantee in the access to the service;
  • performances not-guarantees in terms of volume and speed of transmission of the data.
  • data circulating there not protected from the possible diversions
  • contents of the unbounded reproducible sites geographical

2.5 Demandimmo could not engage on an absolute guarantee, insofar as Internet is an opened network, significant, by nature, at such risks.

2.6. Demandimmo could not be thus held for person in charge for possible damage born of the intrusion in a system computerized, interception of data or transmission of virus, towards or “any other file or Trojan horse” likely to carry one some attack to the integrity or the confidentiality of an information processing system.

2.7 Demandimmo does not guarantee only the site, the waiters which give access to it, and/or the third sites which have bond starting from Demandimmo.fr are free from viruses or other components likely to cause a damage with the goods or the people.

Sommaire

3. OBJECT

3.1 The present conditions have the aim of defining the legal relationship between Demandimmo and the member, seller or lessor of a real estate.

3.2 Demandimmo proposes to the seller or lessor, who accepts it, the following services :

The sale or the rent of a real estate as soon as possible.

The visit of these real estates by preselected and motivated customers.

The possibility of communicating with the buyers and the tenants of the whole world and of consulting the data base of Demandimmo.

The absence of steps to carry out to find the buyer or the tenants, because they will be contacted directly on the website by the seller or lessor (per e-mail or telephone). Demandimmo selects instantaneously the requests which correspond to an offer, completely or partially.

Sommaire

4.USE OF THE WEBSITE, OPENING OF AN ACCOUNT AND ADHESION

4.1 Adhesion is carried out by means of a formulary, to fill "on line", via Internet. The Member has two possibilities to open an account: or on the homepage in top on the right there is the option to be registered or at the end of the form of it request “I'm looking for”, he click on the option “To create an account now”. An email of confirmation will be transmitted after his registration.

4.2 Demandimmo cannot be held for person in charge for the use of the account of the Member by a minor or a major incompetent.

4.3 Demandimmo grants to his Members a right of user personal, ponctual, inalienable and nonexclusive of the Demandimmo.com website.

Its copy or its deceitful use is punishable of civil and penal sanctions.

4.4 It is strictly forbidden that the Members make profit a Third from whole or part of the services offered by Demandimmo..

4.5 To use the services of the Demandimmo.com the Member has an username (e-mail) and a password which were allotted to him by Demandimmo. These username and password are personal and confidential. The Member is only responsible for their conservation and their use.

4.6 Any use of the usernames and passwords of the Member is made under the whole responsibility of the Member. It is expressly agreed that any connection to the service or data transmission carried out by using the password or the username of the Member will be famous to be carried out by the Member himself or one of his employees.Demandimmo declines any responsibility in case of modification of the data and the information about the characteristics of the real estates by a third person who would have obtained personal identification numbers or identifying in any way..

4.7 In case of loss, of theft or of communication in Third parties not authorized by the Member of his password or username, the Member can modify at any time in " My account" - " Modify profile " his username and password ".

4.8 The member can cancel and re-register the account itself.

4.9 The Member is only responsible for the use of his username and the password.

Sommaire

5. OBLIGATIONS OF THE SELLER AND THE LESSOR

5.1 The Seller or Lessor has to describe in detail the immovable property to be sold or to be rented, by filling out the provided him with questionnaire: number of details rooms, floor, new, old, apartment, house, commercial premises, geographical situation, budget etc.

5.2 The Seller or the Lessor obliges to make only offers answering strictly the criteria defined by the Applicant in his call for tender.

5.3 The Seller or Lessor obliges with a honest presentation of the real estates which it offers; he commits himself making only proposals which he is sure to be able to respect following the invitation to tender.

5.4 The Seller or Lessor refrains formally to make several offers under different references.

5.5 The Seller or the Lessor chooses the invitation to tender which he wishes to answer.

5.6 The Seller or the Lessor undertakes and obliges himself to Demandimmo in::

a)Pay the rate established for deposited message. Every deposited message constitutes a useful contact, because it is sent to a applicant potentially interested in the concerned real estate. The payment is made by means of clicks property seekers. Fixed prices of 1, 5, 10, 25, 50 and 100 and 200 clicks of the property seekers are available. The rate varies according to the package of clicks of the property seekers chosen.

b) If no request is on the website, the Seller or the Lessor can leave an announcement. As soon as a message of an property seeker arrives on the website, it will be informed by email.

5.7 The Seller or the Lessor obliges to communicate to Demandimmo and to communicate to the buyer or the tenant only truthful and honest informations.

Sommaire

6. OBLIGATIONS OF DEMANDIMMO

6.1 It is expressly agreed that Demandimmo is subjected to an obligation of means within the frame of the execution of the contract.

6.2 Demandimmo remains third to the contract concluded between the property seeker and the seller or the lessor of the real estates. Its role is to place a technical platform, via Internet at its members' disposal.

6.3 Demandimmo undertakes and obliges to the Seller and Lessor to publish all the demands of the real estates which he receives.

Forward immediately to the Seller or the lessor, by electronic way, all the collected information about the wanted immovable property.

6.4 Demandimmo obliges to pass on to the seller or the lessor the information necessary for the good execution of the demand.

6.5 Demandimmo commits this information to be neither used, nor exchanged or sold.

6.6 The number of requests which correspond to the offer is transmitted instantaneously to the owner or to the professional of the real estate by Demandimmo by e-mail. The owner or the professional of the real estate can also visualize these requests in their Demandimmo account.

6.7 Demandimmo undertakes to bring quite the used care at present to guarantee the good functioning of his website Demandimmo.com.

6.8 Demandimmo does not intervene in the negotiations which can rise from the invitation to tender between the various Members and, consequently, in the capacity as Third in any contractual relation which could be formed between members, is not to in no case responsible for the disagreements which could intervene between them in the negotiations and contracts resulting from the invitation to tender.

6.9 Demandimmo supplies no personalized assistance or "hot line".

6.10 Make accessible any time on the Internet network a process automated by payment by credit card (CB), credit card Visa, MasterCard.

7. RESPONSABILITIES OF DEMANDIMMO

7.1 Demandimmo could not be held for answerable, whatever title it is, dysfunctions or faults of the Internet website of the seller or lessor.

7.2 Demandimmo could not be held for responsible in case of loss, of theft or of communication in Thirds not authorized by the Member of his username and password.

7.3 Demandimmo could in no case to be responsible neither for information and erroneous declarations and/or untrue, of some nature that it either, that could transmit its Members to him or that the Members could register directly on the Demandimmo.com website, nor of any damage caused by some use of this information.

7.4 Demandimmo could not in no case to be responsible if one or more property seekers of the real estates indexed in the data bases acquired by Demandimmo could not be contacted because of a telephone number or portable or faxes or of an erroneous electronic address or because of problems of transmission of the faxes or the emails.

7.5 Demandimmo could not be held for person in charge in the event of legal proceedings against its Member because of use of the website Demandimmo.fr.

7.6 The Member chooses his identifier and password. He can constantly modify them in his Demandimmo account could in no case to be responsible neither for information and declarations erroneous and/or untrue, of some nature that it either, that could transmit its Members to him or that those could register them directly on the Demandimmo Site, nor of any damage caused by the use of this information.

7.7 Demandimmo does not guarantee only the site, the waiters which give access to it, and/or the third sites which have bond starting from Demandimmo.fr are free from viruses or other components likely to cause a damage with the goods or the people.

Sommaire

8. PERSONAL DATA PROTECTION

8.1 All information concerning the property seeker is transmitted to the seller or lessor via an interface made safe with the protocol of encoding SSL.

8.2 The means and the services of cryptology used to make safe the transactions were the object according to cases' of a declaration or an authorization pursuant to the legislation in force.

8.3 Demandimmo constitutes a file comprising of information on all the Members.

8.4 Demandimmo undertakes to make his best efforts to implement technical measures and organization suited to protect the data with personal character.

8.5 In application of the law N 78-17 of January 6th, 1978 and the law of July 29th, 2004 relative to the data processing, to the files and to the liberties, every Member arranges rights of opposition of access and rectification of the data concerning him. So, he can modify, complete, clarify, to update or to erase the information concerning it which are inaccurate, incomplete, ambiguous, out-of-date or among which the collection or the use, the communication or the preservation are forbidden. With this intention it will be able constantly to use the heading '' to modify your account '': then “to modify profile”. It can also modify to supplement, clarify, update or erase information relating to it in the heading “My account”, the section “My requests”. The applicant can also cancel his account using the heading “my account” then to click “cancellation of account".

Sommaire

9. CANCELLATION

9.1 Demandimmo can cancel by rights the contract binding it to the Member, immediately nor indemnity and without prejudice of the right for Demandimmo to protest of possible indémnities notably in case of failure by the Member, to the one some of his obligations appearing in the present general conditions, and in particular in the following case:

n the event of an unspecified act or attempt of hacking or illicit attempt at use of information circulating on Demandimmo having due or origin connection with the station to the Member and this without damage of possible penal continuations.

9.2 The report by Demandimmo of the one of the assumptions described herebefore involves the immediate interruption of the right to the use of the website Demandimmo.

9.3 Demandimmo warns the same day the holder of the account by email of the desactivation of his account. The cancellation of this contract will begin with the sending from this email.

Sommaire

10. MODIFICATIONS

10.1 Demandimmo reserves the right to constantly modify the general conditions of use of the site. These modifications will be accepted if the Member continues to use our services.

10.2 The Member expressly recognizes in Demandimmo the right to modify the service being of the structure, operation, presentation of the website Demandimmo, the addition of new functionalities or services.

10.3 If Demandimmo realizes that there is an error in the contents of an announcement, it sends a message to the Member to inform it and ask him to make the necessary corrections.

Sommaire

11. PROPERTY

11.1 Demandimmo, in its capacity as holder of the royalties and of producer on the website Demandimmo.com is only holder of rights of intellectual property on Demandimmo.com.

11.2 Consequently, the Member engages :

With not carrying reached, in a direct or indirect way, with the rights of ownership intellectual of Demandimmo and to its legitimate interests.

To respect the brands, names, initials, logos, baseline, colors, graphics or any other distinctive sign pertaining to Demandimmo and not to cause any analogy in mind of the public, whatever end it is and by some mode it is.

Sommaire

12. FORCE MAJEURE

The parties will not be held for person in charge for the inexecution or the delay in the execution of an obligation of this contract, which would be due to the supervening of a case of absolute necessity usually recognized by the jurisprudence of the French courts.

Sommaire

13. CONFIDENTIALITY

13.1 Les parties au présent contrat s'engagent à ne pas divulguer, ni communiquer, ni laisser divulguer ou laisser communiquer, ni utiliser directement ou indirectement, à moins qu’elle n'y ait été autorisée préalablement ou par écrit par l'autre partie, les renseignements, données, informations, applications, méthodes et savoir-faire à caractère confidentiel ainsi que tout document de quelque nature que ce soit dont il a connaissance à l'occasion de l'exécution de ses prestations. Chacune des parties s'engage à faire respecter cette obligation de confidentialité par ses salariés et collaborateurs.

13.2 Les obligations des parties aux termes du présent article resteront en vigueur après cessation des relations contractuelles, pendant un an à compter de la signature du présent contrat.

Sommaire

14. DURATION

14.1 Le présent contrat entre en vigueur au moment de l'acceptation du présent Contrat par le demandeur des biens immobiliers, sous réserve que Demandimmo confirme l'ouverture de son Compte.

14.2 En cas de non-respect d’une quelconque des obligations de l’adhérent précisées dans le présent contrat, Demandimmo pourra rompre ce contrat à tout moment, par l’envoi d’un courrier électronique. Cette rupture prendra effet dès l'envoi de ce courrier.

Sommaire

15. LEGISLATIVE MODIFICATION

15.1 In the event of modification legislative, lawful or jurisprudential important relating to Internet or an unspecified provision of this contract, an endorsement will be proposed by Demandimmo with the members concerned.

15.2 Any modification of the terms of this contract will have to be established by an endorsement written and signed parts.

Sommaire

16. APPLICABLE RIGHT AND LAWSUIT

16.1 This contract is subjected to the French right.

16.2 In the event of difficulties in the application of this contract, the litigation relating to interpretation or the execution of the contract will fall within the competence of the Court of competent jurisdiction of Paris. .

Sommaire

17. INTERPRETATION

17.1 In the event of difficulty of interpretation between one of the titles appearing at the head of the clauses and one of the clauses, the titles will be declared non-existent.

17.2 If one or more stipulations of this contract were regarded as null or not opposable by a court of jurisdiction, this provision being removed this contract without the validity as well as the opposability of the other provisions are not affected.

Sommaire

18. DOMICILIATION ET NOTIFICATION

The parts elect at the head office with the addresses appearing of present.

All the notifications, to be valid, must be carried out with the address of domiciliation by email.