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GENERAL TERMS OF SERVICE BELLES DEMEURES
1. PREAMBLE
1.1 OBJECT OF THE GENERAL TERMS OF USE
These General Terms of Service (hereinafter referred to as "the TOS") are intended to define the conditions of use of the websites accessible in particular at the address www.bellesdemeures.com (hereinafter referred to as "the Website") as well as to the associated application (hereinafter referred to as "the Application") that the company DIGITAL CLASSIFIEDS FRANCE (hereinafter referred to as "the Company") makes available to Internet users (hereinafter referred to as "Users").
1.2 IDENTIFICATION OF THE PUBLISHER
The Website is edited and hosted by the company:
DIGITAL CLASSIFIEDS FRANCE Groupe SeLoger
SAS with capital of €715,526,149
Headquarters: 2-8, rue des Italiens 75009 Paris
RCS Paris 789 177 391
Intracommunity VAT: FR29789177391
represented by the German law firm AVIV GROUP GMBH, which in turn is represented by Mr Ait Voncke, Manager
1.3 DIRECTOR OF PUBLICATION
The director of publication for the Website is Mr. Ait Voncke.
1.4 CONTACTING THE COMPANY
The User has the possibility to contact the Company:
• by letter to the address given to DIGITAL CLASSIFIEDS FRANCE (Belles Demeures - Services Clients) - 2-8, rue des Italiens 75009 Paris
• by email : serviceclients@bellesdemeures.com
1.5 HOSTING OF THE WEBSITE
Amazon Web Services EMEA SARL, French Branch
31 Place des Corolles
92400 COURBEVOIE
01.46.17.10.00
2. DEFINITIONS
For the purposes of these TOS, the terms in capital letters have the following meaning:
" Application " : désigne le service électronique interactif exploité par la Société, accessible depuis tout terminal disposant d'une connexion au réseau Internet, par téléchargement gratuit sur l'AppStore ou par consultation via un navigateur web et qui permet, le cas échéant après installation, d'accéder aux Services.
"Broadcasting Rules" : the Broadcasting Charter available here.
" Data " : refers to personal data as defined in Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as « General Data Protection Regulation »)which are provided by the User to the Company or which are collected by the Company on the occasion of the use of the Website, the Application and / or the Services.
"Content": any content posted on the Website or the Application by a third party to the Company, intended for the public and likely to be reported by a User or a Recipient of the Service. This includes in particular the content of real estate advertisements, the content of Advertisers' pages, advertisements and comments.
"Illegal Content": any information which, in itself or in relation to an activity, including the sale of products or the provision of services, does not comply with Union law or the law of a Member State which complies with European Union law, whatever the precise purpose or nature of that law, in accordance with the Digital Services Act.
" Real Estate Partners " : refers to advertisers who have signed a contract with the Company for the dissemination of classifieds for the rental and / or sale of real estate on the Website. and / or the Application. The dissemination of classifieds on the Website and / or the Application is reserved for advertisers falling into one of the following categories:
•eal estate professionals holding a transaction or management card in accordance with the French Hoguet law no. 70-9 of January 2, 1970
•notaries,
•lawyers exercising on an ancillary basis the activity of agent in real estate transactions.
The subscription of a contract for the dissemination of classifieds on the Website and / or the Application exclusively concerns the dissemination of classifieds for exceptional real estate.
" Website " : refers to the interactive electronic service edited and operated by the Company, accessible in particular at the address www.bellesdemeures.com, from which it allows access to its Services.
" Server " :refers to a computer hosting an application service and having a large amount of disk space where files are stored.
" Website Server " : refers to the Website hosting servers on which the Services made available to the User by the Company are installed and provided.
" Services " :refers to the services provided by the Company on the Website and / or the Application and described in article 4 of these TOS, as well as their extensions in the form of alerts, newsletters, diaries and functions of the User's terminal, necessary for their operation.
" User " : refers to any natural person who accesses the Website and / or the Application for strictly private use.
3. SCOPE OF APPLICATION, ACCEPTANCE AND MODIFICATION OF THE TOS
3.1
he purpose of these TOS is to define the conditions under which the User benefits from the Services provided by the Company through its Website and / or its Application.
All the Services provided by the Company and made available to the User are detailed on the Website and / or on the Application.
3.2
The subscription, access or use of the Services implies the acceptance without restrictions or reservations of these TOS by the User.
3.3
These TOS may be subject to modifications, the applicable conditions are those in force and accessible on the Website and / or on the Application of the Company on the date of access to the Website and / or the Application by the User.
3.4
If the Application has been downloaded from the Apple App Store or the Google Play Store, the User has also been invited upstream to accept the terms of the general conditions specific to these two platforms and undertakes to respect these.
4. ACCESS AND AVAILABILITY OF SERVICES
4.1 DESCRIPTION OF SERVICES
The Services provided on the Company's Website and / or Application consist of facilitating the actions of the User in his search for purchase and / or sale and / or rental of real estate by allowing it in particular to benefit free of charge from the following Services:
•a search service, and display service of offers for the sale and / or rental of real estate;
•access to the contact details of Real Estate Partners holding real estate sales / rental offers posted on the Website and / or the Application;
•a service for contacting the Company's Real Estate Partners;
• a free newsletter subscription service;
• an email alert service allowing the User to receive by email the latest offers corresponding to his search for properties.
The Services are further described on the Website and / or the Application. The User is informed that said Services are subject to constant development. The User is informed and recognizes that the activity of the Company is limited to facilitating the connection of Users with the Real Estate Partners of the Company. Its liability can in no way be engaged within the framework of the relationships, agreements and discussions likely to occur between Users and the Company's Real Estate Partners.
4.2 ACCESS TO SERVICES
The Services are freely and exclusively accessible online on the Website and / or on the Company's Application.
4.3 AVAILABILITY OF SERVICES
The Company makes its best efforts to make its Services available 24 hours a day, 7 days a week, regardless of the maintenance operations of said Services and / or Servers and / or the Website and / or the Application. In this regard, the Company is bound by an obligation of means.
The Company reserves the right to modify or interrupt, at any time, temporarily or permanently, all or part of the Services without prior information to Users and without right to compensation.
The Company makes its best efforts to ensure the continuity of the Services; however, given the complexity and circumstances specific to the particular activity of hosting, the Company can only be held to an obligation of means under these TOS.
Consequently, the Company cannot be held liable for difficulties or impossibilities of access, the slowness of the connection or any other technical problem due to circumstances and / or to technical intermediaries outside the Company.
5 - DIGITAL SERVICES ACT
5.1 DECLARATION OF THE NUMBER OF ACTIVE RECIPIENTS OF THE PLATFORM
In accordance with Article 24(2) of the DSA, we have determined the average number of monthly active recipients of our services in the
EU for the period from July 2023 to December 2023. Our findings indicate that the average number of monthly active
recipients in the EU of our platform is less than 45 million.
We will regularly review our statistics and publish updated information during 2024.
5.2 SINGLE POINT OF CONTACT FOR AUTHORITIES
Single point of contact for authorities:contact.dsa@aviv-group.com
Official languages: French, English, German, Dutch
5.3 SINGLE POINT OF CONTACT FOR SERVICE RECIPIENTS
Single point of contact for service recipients: sc-signaler@seloger.com
5.4 CONTENT MODERATION AND FIGHT AGAINST ILLEGAL CONTENT
In its capacity as host of advertisements published under the exclusive responsibility of Advertisers, within the meaning of
the provisions of article 6-I-7 of Law no. 2004-575 of June 21, 2004, the Company cannot materially organize a general
surveillance of the advertisements and Content it hosts on the Website and/or the Application and cannot determine whether or
not they are legal. In this respect, the Company invites Users to consult the cautionary advice provided on the SeLoger editorial page
https://edito.seloger.com/conseils-d-experts/louer/annonces-immobilieres-comment-eviter-les-arnaques-article-9685.html
However, in order to protect Users, the Company has set up various mechanisms to moderate Content and combat illicit Content.
1. Automated moderation technology
Content posted on the Website or Application is initially examined by an automated moderation technology designed to identify Content likely to
infringe these TOS or the Broadcasting Rules.
This system examines a variety of elements throughout the Content, including keywords, descriptions and consistency of information. If no violation is identified,
the Content is published on the Website and Application. If a potential violation is detected, the automated moderation system forwards it to
our moderation teams for further examination, or automatically deletes it if there is a high degree of risk of violation of the Rules defined above.
The owner of the Content is informed by e-mail when its content is not published.
2. Content moderation measures and decisions
The content moderation teams on the Website and the Application ensure that, once they have been informed and after publication, that published content does not infringe these TOS or the Broadcasting Rules, or constitute Illegal Content.
In particular, the Website and the Application strictly prohibit any element which appears to be contrary to legal or regulatory provisions, to accepted standards of behaviour, or which is likely to cause offence to Users:
The moderation teams determine whether the Content and/or the account should be subject to a restriction based on the risk and seriousness it represents. They may restrict or delete Content or accounts after a single serious violation of the above-mentioned Rules, or if they determine that the account has published illegal content on several occasions, or filed several obviously unfounded reports or complaints.
3. Mechanisms for reporting illicit content
Any User may submit a report via the Website and the Application in order to indicate Content considered illicit or contrary to the present TOS.
A reporting button is made available to Users close to the Content. This links to a questionnaire to be completed. Users must ensure that their report is as complete as possible. Reports are then examined by the Company in due course.
By using this procedure, the User undertakes to submit reports in good faith and not to misuse the reporting or complaint procedures by making unfounded reports or calls. The Company reserves the right to take any measure to limit or prevent the processing of reports, and to suspend or even delete the accounts of persons who abuse the reporting mechanisms, in particular by submitting unfounded reports
The User therefore undertakes not to abuse this right, failing which he acknowledges and accepts that he may be subject to criminal prosecution, in application of the provisions of article 6.I.4 of Law no. 2004-575 of June 21, 2004, which states that: "Any person who presents content or an activity as illicit to the persons mentioned in paragraph 2 (hosts) with the aim of obtaining its removal or stopping its distribution, while knowing that this information is inaccurate, is punishable by one year's imprisonment and a fine of 15,000 EUR".
4. Internal complaints handling system
Users may contest the decision taken by the Company in response to the report for a period of six months from receipt of notification of the decision,
by replying directly to the notification e-mail.
Such appeals will be forwarded to the moderation team, which will re-examine the Content in order to confirm or reject the decision.
5. Alternative dispute resolution
Users may also choose to contest the moderation decision taken by the Company by submitting the dispute either to an alternative dispute resolution organization certified in accordance with the Digital Services Act, or to a court of competent jurisdiction.
5.5 RANKING AND RECOMMENDATION SYSTEMS
For more information on the ranking and recommendation systems for ads and real estate professionals: https://www.bellesdemeures.com/en/sortranking/
6. GUARANTEES - LIABILITY - FORCE MAJEURE
6.1 USER GUARANTEE
By accessing the Company's Website and / or Application, the User declares, guarantees and undertakes to:
•access and use the Website and / or the Application and the Services in good faith, in a reasonable manner, not contrary to the terms of these TOS and for strictly personal and non-profit use;
• not to use devices or softwares other than those provided by the Company intended to i) affect or attempt to affect the proper functioning of the Website and / or the Application and / or the Services it contains ii) or extract, modify, consult, even in buffered or temporary memory, or for individualized use, all or part of the Website and / or the Application;
• not access and / or use the Website and / or the Application and / or the Services provided by the Company on said Website or Application for illicit purposes and / or with the aim of causing damage to reputation and to image of the Company or more generally to infringe the rights, in particular intellectual property rights, of the Company and / or third parties;
• not directly or indirectly market the Services and / or access to the Services and / or access to the Website and / or the Application;
• not to reuse all or part of the Website and / or the Application and the Services they contain, in particular for commercial purposes and / or collective purposes and / or for personal purposes in a form and / or a medium not authorized by the Company
• not to use the Services provided by the Company or the data to which it could have access via said Services and / or the Website and / or the Application for directly or indirectly commercial purposes and / or for personal purposes in a form and / or medium not authorized by the Company;
• not to reproduce or represent all or part of the Website and / or the Application for private purposes beyond the legal exceptions provided for, in particular by the French Intellectual Property Code, or with a view to direct or indirect marketing in particular with third parties;
• not limit access and use of the Website and / or the Application and / or the Services;
• not modify, including in buffer or temporary memory, any mention or element of the Services and / or the content of the Website and / or the Application;
• not to contravene the provisions of articles 323-1 to 323-7 of the French Criminal Code repressing so-called “hacking” practices;
• not to use and / or exploit the electronic and / or postal contact details of other Users of the Website and / or the Application for the purpose of sending mass solicitation emails and engaging in a practice of "spamming ".
In the event of a breach of any of these obligations and, without this list being exhaustive, the User acknowledges and accepts that the Company will have the option of refusing him, unilaterally and without prior notification, access to all or part of the Website and / or the Application.
6.2 COMPANY GUARANTEE
The Company makes available to the User, through its Website and / or its Application, access to a number of Services aimed at supporting him in the context of his real estate project. . The User is fully aware that the Company cannot in particular guarantee the follow-up given:
• to classifieds of the rental and / or sale of real estate that he wishes to consult on the Website and / or the Application
• ato the answers that will be given to him made following his requests for contact with Real Estate Partners who have posted classifieds for the rental and / or sale of real estate;
• and more generally to the specific needs of the User.
The Company declines all liability for the reliability and / or relevance of the content disseminated by the Real Estate Partners on the Website and / or on the Application, said content being published online and disseminated under their sole liability.
The Company makes its best efforts to connect Users and Real Estate Partners desseminating their content via the Website and / or the Application.
The Company does not guarantee the conclusion of a contractual relationship between the User and said Real Estate Partners.
Users acknowledge that the Company does not intervene in this capacity at any time in exchanges and transactions between Users and Real Estate Partners and does not act as a mediator between Users and Real Estate Partners.
Consequently, the liability, tort or contractual of the Company can in no case be engaged for the conclusion, the non-conclusion, the execution, the resolution or the mediation of any contractual relationship between the Users and the Real Estate Partners or for the consequences, whatever their nature, resulting from a dispute between them.
6.3 LIMITATION OF LIABILITY
The User is solely liable for the use he makes of the Website and / or the Application and the Services which he accesses from the Website and / or the Application.
The Company can in no case be held liable in the context of a procedure brought against the User who would have been guilty of a non-compliant use of the Website and / or the Application and / or the Services it provides.
The User acknowledges and accepts in this regard that he will be personally liable for any complaint or procedure brought against the Company, due to his non-compliant use of the Services and / or the Website and / or the 'Application.
The Website and / or the Application may contain hypertext links to third party websites.
In this regard, given the evanescent nature of the content that may be broadcast there, the Company cannot be held liable in the event that the content of said third-party websites contravenes the legal and / or regulatory provisions in force.
In any event, the Company cannot be held liable:
• in the event of unavailability of the Services for reasons such as failure of the public electricity network, failure of cable telecommunications networks, loss of connectivity to the Internet network due to operators public or private, in particular the User, the causes of which stem in particular from strikes, storms, earthquakes or any other cause having the characteristics of force majeure;
• in the event of use of the Services by a User under conditions that do not comply with the terms of these TOS;
• within the limits of the legislation in force, for any indirect damage and this including in particular the loss of profit, of data or any other loss of intangible property, and this even if the Company has been informed of the potentiality of such damage, which could arise (i) from the use or inability to use the Services (ii) following access to said Services by an unauthorized User.
• The Company cannot be held liable for any malfunction of any nature whatsoever relating to the User's computer equipment as well as to their Internet access connection, when accessing the Website and / or the Internet. 'Application and more generally to Services. More particularly, the Company cannot guarantee the User of the Services on:
• For problems of speed of access to the Website and / or to the Application and / or of the speed of buffering by the User's computer, of videos accessible via the Services that the User is likely to encounter.
• the quality of the texts, information, descriptions, photographs and Videograms attached to classifieds for the rental and / or sale of real estate published by the User and / or Real Estate Partners and accessible by means of their Services.
6.4 FORCE MAJEURE
The liability of the Company cannot be sought if the performance of one of its obligations is prevented or delayed due to a case of force majeure as defined by article 1218 of the French Civil Code as amended by ordinance n ° 2016-131 of February 10, 2016 and interpreted by the case law of the French Courts, and in particular, without limitation, natural disasters , fires, malfunction or interruption of the telecommunications network or the electricity network.
7. COMPLAINTS - TECHNICAL ASSISTANCE
For any information of a technical nature or relating to the operation of the Services accessible via the Website and / or the Application, the User is invited to address his complaint to the contact details referred to in article 1.4 hereof.
8. INTELLECTUAL PROPERTY
8.1 COPYRIGHT ON THE COMPANY'S WEBSITE
The Company is the owner or the distributor of the intellectual property rights both for the general structure of the Website and / or the Application and for its content (texts , slogans, graphics, images, videos, photos and other content).
Therefore, in accordance with the provisions of Book 1 of the French Intellectual Property Code, any representation, reproduction, modification, distortion and / or total or partial exploitation of the Website and / or the Application and / or its content and / or of the Services, by any means whatsoever and on any medium whatsoever, without the express prior authorization of the Company, is prohibited and constitutes acts of copyright infringement.
Likewise, any unauthorized use of the Website, and / or the Application and / or its content and / or the Services engages the criminal and civil liability of the User on the basis of copyright infringement.
The Company intends to disclose the Website and / or the Application and the Services only in order to allow access to it on the Internet, and this:
i. from a computer or an equivalent terminal having access to one or more telecommunications networks allowing access to the Internet network and browser software on the Internet network (such as Internet Explorer, Mozilla Firefox, etc.);
ii. a mobile terminal with access to a telecommunications network allowing access to the Internet network (WiFi connection, 3 / 4G, Edge, etc.);
Any other use of the Website and / or the Application and / or the Services is deemed to be automatically reserved for the Company and constitutes an infringement of its right of disclosure on the Website and / or on the Application and / or Services.
8.2 DISTINCTIVE SIGNS
The brands, logos, company names, acronyms, trade names, trade names and / or domain names of the Company and / or its commercial partners mentioned on the Website and / or on the Application, allowing access to the Services made available by the Company, constitute distinctive signs that cannot be used without the express prior authorization of their owner.
Any representation and / or reproduction and / or partial or total exploitation of these distinctive signs is therefore prohibited and constitutes trademark infringement, in application of the provisions of Book 7 of the French Intellectual Property Code, usurpation of company name, trade name. and domain name engaging the tort liability of its author.
8.3 DATABASES
The User irrevocably acknowledges that the Website, and / or the Application and the Services consist of one or more databases made available by the Company as the producer of said databases within the meaning of provisions of Articles L.341-1 et seq. of the French Intellectual Property Code.
Therefore, in accordance with the provisions of Article L. 342-1 of the same Code, the User is prohibited from carrying out:
• the extraction by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of one or more of the databases accessible on the Website and / or the Application and / or the Services on another medium, by any means and in any form whatsoever, including for the purposes of use or consultation by a medium and / or process (s) not authorized by the Company
• reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of one or more of the databases accessible on the Website and / or the Application and / or the Services, whatever the form, including by a hypertext link, a medium and / or a process (s) not authorized by the Company;
• setting up, editing, maintaining, updating, importing, exporting, making available to third parties, free of charge or against payment, and participation in the aforementioned acts, of a competing database from all or part of one or more of the Company's databases;
• viewing on a screen by a process or media other than those by which the Company intends to disclose the Website and / or the Application and the Services;
• in general, any extraction, use, storage, reproduction, representation or conservation, direct or indirect, partial or total, including in buffer or temporary memory, qualitatively or quantitatively substantial of the content of one or more databases of the Company, committed by one of the processes referred to above is strictly prohibited, including by media not authorized by the Company.
8.4 CONTENT OF THE SERVICES
The User acknowledges and accepts that access to the Website and / or to the Application and to the Services made available to him by the Company cannot entail any assignment or grant of intellectual property rights (rights of authors in particular) and other rights for the benefit of the User.
Access to the Services is exclusively limited to the User's private and personal use under the conditions and limits defined in these TOS and in accordance with the provisions of Article L.122-5 2 ° of the French Intellectual Property Code. .
Thus, the User acknowledges and accepts that the private and personal use granted to him by the Company, for access to its Services, excludes in particular access to the Services with a view to collective use of its content, reproduction, representation, resale, exchange, rental, transfer to a third party, modification, adaptation, correction, both free of charge and for a consideration, of all or part of the Website and / or the Application, the Services, and their content.
8.5 HYPERTEXT LINKS
The hypertext links accessible on the Website and / or on the Application, allowing access to the Services, to other websites and / or applications and in general to all existing resources on the Internet do not engage the liability of the Company.
The User may in no case set up hypertext links to deep pages of the Internet Sites and / or Applications, allowing access to the Services and this, by any technical process intended to override the field of identification of the User or to extract all or part of the content of the Services made available by the Company. The "framing" technique is prohibited without the express prior authorization of the Company.
9. PROHIBITION OF DATA MINING
In application of the European Directive (EU) 2019/790 of April 17, 2019 on Copyright and Related Rights in the Digital Single Market and Article L122-5-3 of the French Intellectual Property Code ; the Company exercises its right to opposition to text and data mining.
For the purpose of this clause “text and data mining” means any automated analytical technique aimed at analyzing text and data in digital form in order to generate information which includes but is not limited to patterns, trends and correlations.
The opposition applies to all the contents, datas and websites to which the Company provides access.
To this end, the Company expressly refuses in a general and non-exhaustive manner, the use of its content for:
10. MISCELLANEOUS PROVISIONS
10.1 CORRESPONDENCE - PROOF
Unless otherwise provided in these TOS, correspondence between the Company and the User is provided exclusively by email. The User acknowledges and accepts that the information provided by the Company by email and on the Website and / or the Application are deemed authentic between him and the Company. Elements such as the time of reception or transmission, as well as the quality of the data received shall prevail by priority as appearing on the Website and / or on the Application, or as authenticated by computerized procedures of the Company, unless the Userprovides written proof to the contrary. The significance of proof of the information provided by the Website and / or the Application is the one granted to an original in the sense of a written document on paper, signed in a handwritten manner.
10.2 INTEGRALITY OF THE TOS
These TOS express all the obligations of the Company and the User. The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to herein, cannot be interpreted for the future as a waiver of the obligation in question.
10.3 PARTIAL INVALIDITY
In the event that one or more stipulations of these TOS are considered null, deemed unwritten or declared as such in application of a law, a regulation or following a decision of a competent court having the authority of res judicata in the last resort, the other stipulations will retain all their force and significance and will remain fully applicable, except if the invalid stipulations were of a substantial nature and their disappearance called into question the contractual balance .
10.4 TITLES
In the event of difficulties of interpretation between one of the titles appearing at the head of the clauses of these TOS, and one of the clauses, the titles will be declared non-existent.
11. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These TOS are subject to French law. In the event of a dispute relating to the application, interpretation, validity and execution of these TOS, and in the absence of an amicable agreement between the parties, express jurisdiction is given to the French courts.
12. PROTECTION OF PERSONAL DATA
In accordance with the Regulation relating to the protection of personal data, the User is informed that the Company, in its capacity as data controller, implements the processing of personal data as part of the use of the Website. For any information concerning the processing of personal data and to know the extent of their rights, Users can consult the Privacy policy, available via this link: https://www.bellesdemeures.com/en/privacy
13. COOKIES
When consulting the Website and / or the Application, information may be saved in “cookie” files installed on the User's computer, tablet or mobile phone. To find out about our cookie policy, Users can consult the Cookie Policy, available via this link: https://www.bellesdemeures.com/en/privacy
14. NEWSLETTER AND ALERTS
In order to keep the User informed of news about DCF and the advantages from which it could benefit, it can receive commercial information from DCF by electronic communication (email, sms, etc.). If the User does not wish to receive offers and information from DCF, he can object to the sending by specifying it, at any time, in his account under "Subscriptions" and by clicking on the unsubscribe hypertext link found at the bottom of each electronic communication received.
The User can personalize the sending of newsletters and manage the subscriptions to the alerts he wishes to receive when creating his account or by going to his account in the "Subscriptions" section. The User then has the possibility to select among the different categories of newsletters and alerts those that interest him/her. The User can stop the sending of newsletters and alerts at any time by going to his account.
If no selection is made and if the User has not objected when creating his/her account, the User may receive information on DCF's news and newsletters and alerts about products and services similar to those that the User has already consulted on the Web Site and/or the Application.