RevesdeMaisons.fr is not a real estate agency. Its activities are strictly limited to the performance of services included in a search for a real estate property, with no go-between operation of any kind. RevesdeMaisons.fr is remunerated directly by its client and its activities remain outside of perameters of the law of January 2, 1970 governing the real estate professions and the decree of July 24, 1972.
Article 1. General Information
The present General Conditions of Sales and Performance of Services, hereafter referred to as GCS, constitute the governing contract during its existence, the relations between RevesdeMaisons.fr, hereafter referred to as the Service Provider and its constituents withing the framework of the sale of performance of services in real estate.
This contract is an electrical contract in keeping with the French laws in effect, and more particularly the Law 2004-575, called the Law for confidence in digital economics. It also conforms to the recommendations of the OECD in the area of electronic commerce. It is finalized in the French language.
The general sales conditions may be consulted at any moment on the WEB site www.revesdemaisons.fr by clicking on the link « Conditions of Service » Thus, any mission order sent by a constituent to RevesdeMaisons.fr will constitute the definitive and irrevocable agreement of the constituent to the totality of the general sales conditions presented hereafter.
The existing general sales conditions can be modified and/or adjusted without prior notification. In case of a modification, the applicable conditions are those in force on the day of the validation of the mission order (payment of the mission fees).
Article 2. Nature and Duration of the Present Services
RevesdeMaisons.fr provides the following services: support and advice for an eventual home buyer and research concerning the home.
The services include:
- prospection and analysis of the overall real estate market (professionals and individuals) in the georgaphic research zone targeting the homes for sale that correspond to the collective criteria defined by the client in the questionnaire returned at the time of his or her research request.
- initial visits of real estate offers likely to correspond to the collective criteria selected.
- the establishment of an objective and detailed visit report in the event that the property appears to fit the desired specifications. It consists of a photographic report, the georgraphic location, the price, the general characteristics (listing the strong and the weak points) and the personal evaluation of the service provider concerning whether or not the property conforms to the client’s wishes. This report is sent by email to the client and constitutes an on-going description of the progress of each element of research. If necessary, the service provider can ask for a rapid reaction, depending on the rarity of the property presented and its opportuneness.
- the organization of visits to real estate properties selected by the service provider and in which the client has shown an interest.
- the signature of a confirmation concerning the visit of the property, between the client and the service provider, a confirmation that requires the client not to acquire the property directly without informing the service provider, in conformance with article 7 in the current GSC, and in the case of a purchase of the property, to pay the service provider’s fee, the details of which are defined in article 7 of the present GSC.
- In no case will the service provider accomplish a mission concerning any negotiation and/or assistance in the process of acquiring the property.
The initial duration of the service is 4 months. At the end of these four months, the client may request a renewal for the same duration, up to the conclusion of his or her projected acquisition.
The service provider reserves the right not to renew the research mission.
Article 3. Conditions Concerning the Acceptance of the Research Request
The person interested in the services offered by Reves de Maisons must submit a request via the Contact form on the site. By return email he will be offered a research questionnaire that addresses the provider by clicking the « send » and only after having checked the acceptance box of the current GCS.
The person interested in the services proposed by RevesdeMaisons.fr must create his or her personal space using an electronic address and a password on the internet site: www.revesdemaisons.fr. This person fills out a questionnaire for research and sends it to the service provider, clicking on the box marked « send » and only after having checked the acceptance box of the current GCS.
The client has an identity obligation:
- The coordinates indicated by the client must be exact. The client agrees to maintain an electronic contact address and a valid postal address.
- RevesdeMaisons.fr will not be held responsible for consequences that the client could incur under the eventuality in which he or she failed to notify the service provider of an address modification.
This sending formalizes the research request for real estate properties on behalf of the service provider. The latter informs the client par email of the acceptance or refusal of the request within a maximum delay of ten days (10) after reception.
The agreement deppends in part on an evaluation of the feasability of the research as to the type of property being sought and whether or not it falls within the criteria defined in the section « Service » of the RevesdeMaisons.fr WEB site. In addition, it also depends on the availability of the service provider at the time of the request, keeping in the mind that in order to assure the maximum performance of the service, the service provider only accepts a limited number of requests for any given period of time.
The agreement is subject to an exclusive research request. This signifies if the request is accepted, that the client agrees not to conduct a separate research on his or her own and not to entrust it to a third party during the regular four-month period of the agreement, and this from the date of acceptance. The service providers can thus with confidence devote their full attention to the research.
Note: The service provider will not undertake research on real estate properties with a purchase budget less than one million euros (1,000,000 euros).
Article 4. Conditions Surrounding the Validation of the Research Request
Once the research request has been accepted by the service provider (see article 3), it must be validated. For that, the client must make a down payment for the mission fees required by the service provider, i.e. 1,500 euros (one thousand five hundred euros) for the duration of the services outlined in article 2 of the GCS.
The payment of these fees takes place by bank card via the Paypal system listed on the RevesdeMaisons.fr WEB site. This payment is the equivalent of a mission order. The validation of the client’s request is firm and deffinitive once the payment is received. That is to say,once the bank card transaction is validated on the Internet.
In the absence of a payment of the mission fees within a delay of fifteen days after reception of the research request (defined in article 4 of the present GCS), the request will be considered as cancelled and the service provider will be free of any commitment regarding the client.
Validation of the research request implies full and entire adherance, without reservations, by the client to the present GCS.
Article 5. Setting Up and Execution of the Contract
The process of setting up the contract conforms to Law 2004-575, called LCEN. In particular, any Internet user wishing to validate his or her real estate research service request must be identitfied by filling out the adequate form/questionnaire furnished on www.revesdemaisons.fr. This identification is accomplished with strict respect to Law 78-17 (modified) as indicated in Article 10 of the current GCS.
The contract is considered set up after the client has completed the two following steps:
1) sending of the ressearch questionnaire via his or her private space created on the www.revesdemaisons.fr site by clicking on the designated box for this purpose, and only after having checked the acceptance of the current general conditions of sale (see Article 3 of the current GCS).
2) payment of the mission fees by bank card via the Paypal system of payments after reception by email of the acceptance of the request by the service provider (see Article 4 of the current GCS). The execution of the contract is dependent on the validation of this payment that the service provider will activate by return email.
No service will begin without respecting these two conditions: sending by email of the questionnaire and validation of the payment of the mission fees via the WEB site (see Article 4 of the current GCS).
In accordance with the decree of February 16, 2005 (Official Journal dated February 18, 2005) this contract will be stored by RevesdeMaisons.frfor a period of ten years, which guarantees at any moment access to its co-contractor (the client) if the latter so requests.
Article 6. Right of Recantation
The client, capable of being qualified as a consumer under the laws in force, declares acceptance of the services provided as of the confirmation of his or her research request, after payment of the mission fees per Article 4 of the curent GCS. Thus, the client expressly recognizes that the accomplishment of the services begins, with his or her agreement, before the time delay specified in the consumer’s code for recantation under the law, to which he or she declares expressly to renounce.
Article 7. Down Payments, Fees and Payment Conditions
The funds paid in advance within the framework of Article 4 of the current GCS are deducted from the total fees collected by the service provider.
These funds are lost if the client interupts the mission order before the end of the research, whereas the service provider has begun his or her mission, and if the client does not renew his or her request at the end of the four-month period, at which time the client has not purchased one of the real estate properties presented by the service provider during the same lapse of time.
The fees include all of the services defined in Article 2 of the current GCS.
Their totality is defined as 2% of the purchase price of the real estate property, no matter what the value of the acquired property is to the client.
The fees are billed only when the mission has been service provider’s mission has been successful and they are payables by certified check or by wire transfer on the day of the signing of the sales contract for the property acquired by the client. To this effect, the latter is obliged to inform the service provider concerning the signing of the sales agreement, sending a scanned copy of it by email within eight days of the signing, and to indicate the closing date of the final sales contract at least eight days in advance.
The fees are payable in euros and are not subject the VAT (Article 293b of the CGI).
It is agreed by the parties that the payment by the client of the totality of the service provider’s fees is the equivalent of receiving and definitively accepting the accomplishment of the services.
Article 8. Delay in Payment of Fees
Any delay or default in payment of the fees due the service provider at the latest on the closing date for signature of the sales contract, will lead to the following:
- Demand for immediate payment of the sum due,
- Calculation and payment of late fees in the form of interest at a rate equivalent to three times (3) the legal rate (in force at the time of billing for the services). This penalty is calculated on the outstanding balance of the fees and begins on the day following the date appearing on the bill, up to the total payment of fees due, in which case no reminder or formal notice is necessary. The applicable rate is calculated prorata-temporis.
Article 9. Incidents Beyond Control
Neither party may be considered in default considering their obligations nor have their responsibility questioned, if the obligation if affected, temporarily or definitely, by an event or cause beyond their control.
In this regard, circumstances beyond control includes any event exterior to the two parties presenting a character which is both unforseeable and insurmountable in the sense of Article 1148 of the Civil Code and which prevents the client or the service provider from assuring all or part of the expected services in the contract.
As indicative but not limiting examples: a prolonged absence (accident or sickness) of one or the other parties, a financial impediment outside of the control of the client, a malevolence, damanges in the offices of the service provider, electric company interruptions of service of more than two days, failure of computing equipment, failure of an Internet provider, natural catastrophes, governmental restrictions, social problems and riots, wars …
Within a maximum of five days of the occurance of such an event, the failing party because of an event beyond his or her control, agrees to notify the other party by email and provide written proof as an uploaded file.
The failing party will make all efforts to illiminate the causes of the delay and will begin the execution of his or her obligartions as soon as the invoked event has disappeared. However, if the cause of the event lasts more than a delay of fifteen (15) business days, starting on the day of reception by email of notification of the event, each party will have the right to terminate the agreement, without payment of interest and damages. The said termination will take effect on the date of the reception by the other party of the email in question.
In a case where the agreement if terminated by one of the two parties for reasons beyond their control, the advance payment of fees will not be reimbursed.
Article 10. Confidentiality Obligations of the Service Provider
Necessitated by the research request and its acceptance, the client registers personal data with RevesdeMaisons.fr, the service provider.
RevesdeMaisons.fr declares that it will respect French and European Community legislation assuring the protection of privacy and personal data, just as they are described in the « computer sciences and freedoms » Law number 78-17 of January 6, 1978, modified by Law 2004-801 on August 6, 2004, which transposed into French law Directive 95/46/CE of October 24, 1995 and the law on « confidence in the computer economy » number 2004-575 of June 21, 2004 (see Article L.33-4-1 modified by the postal and telecommunications code and Article L.121-20-5 new in the consumer code) which transposed into French Law Directive 2000/31.CE of June 8, 2000 on electronic commerce and Directive 2002/58/CE of July 12, 2002 on the protection of personal data and privacy in electronic communications.
RevesdeMaisons.frfiled a preliminary declaration with the National Commission on Comuter Sciences and Freedom (CNIL) under the number XXXX
Article 11. Responsibilities of the Service Provider
In consideration of the services rendered, the obligation of the service provider is an obligation of means.
The service provider agrees to render the accomplishment of his or her services in accordance with the art of the best practices and within the terms and conditions of the acceptance of the current GCS, while at the same time respecting all legal and reglementary dispositions which are applicable.
Each party is responsible to the other for any failure to meet obligations.
The client agrees to provide exact and real information in the questionnaire at his or her disposal on the www.revesdemaisons.fr WEB site in the private space created beforehand. This information is, in addition to being an obligation of identification, essential for the entire accomplishment of the service, as well as creating a good comprehension of the nature of the property sought.
The responsibility of the service provider cannot be called into question for:
- summary technical evaluations and comments made about the real estate properties visited and given to the client as information furnished by the seller.
- errors due to a lack of information or erroneous information funished by the seller.
- concealed information, deficencies and/or hidden flaws of any kind, invisible to the naked eye, on any real estate property visited by the service provider and about which the latter can have no knowledge.
- a delay caused by the seller which would in turn create the impossibility of respecting the delays agreed to in the research or a delay in response from the client inhibiting a rapid enough visit and the conclusion of a purchase of one of the properties presented by the service provider.
- The repsonsibility of the service provider can in no case be engaged if the negociation for a sale between the seller of the property and the client is not finalized.
Article 12. Litigations, Applicable Law
The current General Conditions of Sale, as well as any question or difficulty in the interpretation or application of the said conditions are subject to the French laws in force.
Failing an amicable resolution, any point of disagreement between the parties concerning the execution or interpretation of the GCS will be venued in the tribunals of Toulon (83).
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