GENERAL CONDITIONS OF SALE APPLICABLE FROM JUNE 1 , 2021
Simplified joint stock company with capital of 1,000.00 euros, registered in the Bobigny Trade and Companies Register under number 878 144 302, with registered office at 1, allée Colbert – 93390 CLICHY-SOUS-BOIS
VAT FR. [O] – firstname.lastname@example.org – 07 54 24 82 98
All the commercial actions of MAJE INVESTMENTS (hereinafter referred to as “MI”) are subject to these general conditions of sale (hereinafter referred to as the “GTC”), which express all the obligations agreed between the parties. The purpose of these T & Cs is to define the conditions under which MI offers, through the website https://parishomes.fr/ (hereinafter referred to as the “Site”), seasonal rental services for real estate ( hereinafter referred to as the “Services”), to consumers or professionals (hereinafter referred to as the “Customer”). The list and description of the Services offered by MI can be viewed on the aforementioned site. As such, MI is a duly declared and registered professional.
Article 1 – Acceptance of the GTC
Any order for Services via the Site implies, on the part of the Customer, unreserved acceptance of the GTC. The T & Cs prevail over any general conditions applied by the Professional Client. They can be viewed at any time on the Site and are communicated on first request. Any stipulation derogating from these GTC must be confirmed in writing by MI to be applicable. The Customer formalizes his acceptance of these T & Cs by entering the personal data required by the Site when ordering a Service.
The order confirmation made by the Customer constitutes the electronic signature of these GTC. MI reserves the right to modify these GTCs at any time and without notice, these modifications then being applicable to all subsequent orders. The Customer declares to have full legal capacity allowing him to engage under these GTC.
Article 2 – Order of Services
The essential characteristics of the goods and their prices can be viewed by the Customer on the Site. MI cannot be held responsible for minor errors that may affect the description of the Services. Illustrations or photos have no contractual value.
The Customer certifies having received a detail of the terms of payment and execution of the contract, as well as detailed information relating to the identity of MI, its postal, telephone and electronic contact details, and its activities. MI undertakes to honor the Customer’s order within the limit of availability only.
In accordance with the provisions of article 1127-1 of the Civil Code, the Customer must follow a series of steps to formalize an order by electronic means:
- Information on the essential characteristics of the Service;
- Choice of Service;
- Indication of the Customer’s contact details;
- Acceptance of the GTC;
- Verification of the elements of the order (double click formality) and, if necessary, correction of errors.
The archiving of the information relating to the order, as well as the invoices, is carried out on a reliable and durable medium so as to constitute a faithful and durable copy, which can be produced as proof of the contract binding MI to the Customer. For the purposes of successful completion of the order, the Customer undertakes to provide truthful identification elements.
When ordering, the Customer will have to follow an account creation procedure, which involves entering the exact personal information requested. The validation of the payment method formalizes the sale of the Services between the Customer and MI. The Customer is immediately informed by sending an order confirmation email. MI reserves the right to freeze an order until the resolution of any problem likely to affect the Customer (incorrect address, default of payment, etc.).
Any order is deemed to be firm and, subject to the provisions of these T & Cs, may only be canceled with the express consent of MI and under conditions which will indemnify it for any damage caused by this cancellation.
Article 3 – Rental conditions
The Customer is informed and recognizes that any rental implies a total ban on parties, parties, or any other event which would be foreign to the residential occupation of the premises (filming, shooting etc.). In addition, the presence of any domestic animal is strictly prohibited.
In addition, the Customer acknowledges that the authorization to access the rented premises is guaranteed to him only for the agreed rental period and within the strict framework of a seasonal rental, which excludes any main or secondary residence, as well. that any exercise of any professional activity within the places object of the Services. Consequently, the Customer may not avail himself of any occupation title at the end of the agreed rental period. Any subletting is strictly prohibited.
The Customer acknowledges that the accommodation covered by the Services will be returned to him in a perfect state of cleanliness and storage, he undertakes to return the premises in an identical state.
In accordance with article 1725 of the Civil Code, MI is not responsible for assault committed by third parties during the rental. The Customer is therefore responsible for all damage occurring during the rental and undertakes to take out resort insurance against rental risks with a reputable company. Finally, the Customer undertakes to notify MI without delay in the event of any disaster occurring.
Article 4 – Price, invoicing and payment
Payment is made immediately upon ordering, by credit card, via a secure payment area made available by a service provider, or by a secure payment method such as “Stripe”. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their banking information during the sale, the Customer authorizes MI to debit their card for the amount relating to the price indicated, as well as the amount of the deposit, if applicable. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the inability to debit the card, the sale is automatically terminated and the order canceled. The Customer is informed that MI has no access to any confidential information relating to the means of payment, the process being handled by a third-party financial institution.
The prices of the Services are indicated in euros, all taxes included, excluding municipal taxes. MI reserves the right to modify the prices of the Services at any time for the future. The selling prices are those indicated at the time of the validation of the order by the Customer.
After the order, the Customer has access to the invoice:
- Via a confirmation email;
- Through his personal space on the Site, allowing him to consult the order history.
Article 5 – Withdrawal
In accordance with article L.221-28 of the Consumer Code, the consumer Customer is informed that the right of withdrawal relating to contracts concluded at a distance and outside the establishment is not applicable to the Services provided by MI.
Article 6 – Intellectual property
The brands, domain names, software, images, videos, texts or more generally any information subject to intellectual property rights, published by MI on the Site or any other medium, are and remain the exclusive property of MI or its partners. No transfer of intellectual property rights is carried out by accepting these GTCS. Any total or partial reproduction, modification or use of these goods, for any reason whatsoever, is strictly prohibited.
Article 7 – Confidentiality and security – Cookies
MI implements all means to ensure the confidentiality and security of data transmitted over the web. As such, the Site uses in particular a secure payment module type “SSL” (Secure Socket Layer), as well as a secure payment interface.
Article 8 – Protection of personal data
In accordance with Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, MI sets up personal data processing for the purpose of: the sale of the Services.
MI may need to collect personal data relating to the Client or to persons acting on behalf of the Client. The latter is informed of the following:
- The data controller is Mrs Stacy-Maeva AKODJENOU;
- The purpose of data processing is to execute the Customer’s order, as well as to keep statistics and to implement commercial offers by e-mail;
- The recipients of personal data are the data controller, its departments in charge of marketing, the departments in charge of IT security, the department in charge of sales, the subcontractors involved in sales operations, as well as any authority legally authorized to access the personal data in question;
- The Customer is informed that no transfer of personal data outside the European Union is planned;
- Personal data is only kept for a period of three years;
- The data subject has the right to request from the controller access to personal data, the rectification or erasure thereof, or a limitation of the processing relating to the data subject, the right to object to the processing and the right to data portability;
- The person concerned has the right to lodge a complaint with the National Commission for Informatics and Freedoms;
- The information requested during the order is necessary for the establishment of the invoice and the performance of the Services, otherwise the order cannot be validated. No automated decisions or profiling are implemented through the ordering process.
It is the Customer’s responsibility to take all appropriate measures to protect their own data and / or software from contamination by any viruses circulating on the Internet. MI cannot also be held responsible for any direct or indirect damage, including any loss or damage that may arise from the use or inability to access the Site, as a result of faulty use by the Customer.
Article 9 – Duration
These T & Cs apply throughout the duration of the Online Services or consultation of the Services.
Article 10 – Force majeure
MI cannot be held liable if the execution of the contract is delayed or prevented due to a case of force majeure or a fortuitous event, due to the Customer or a third party or to external causes such as social conflicts, intervention by civil or military authorities, natural disasters, epidemics, fires, water damage, the interruption of a telecommunications network, in particular due to hacking, or of the electricity network or any other energy supply.
Article 11 – Independence
Each of the stipulations of the GTC is independent. It follows that if one of the stipulations of these GTC were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between MI and the Customer.
Article 12 – Rules of procedure
By confirming his reservation, the tenant fully validates the internal regulations and all these notices. Any finding of non-compliance with an element included in these internal regulations may result in the immediate termination of the rental and / or the seizure of the competent authorities.
- Animals are prohibited in the accommodation
- The accommodation is strictly non-smoking
- Party dress, evening wear, any other type of festive celebration is prohibited in the same accommodation for video shoots, photo shooting sessions, etc.
- The accommodation must only be used for its residential function and may not only be used for an activity or any form of legal or illegal professional transaction.
The accommodation is returned to the tenant in a perfect state of cleanliness and storage, the appliances are clean and in perfect working order, the places (inside and outside) do not show any signs of degradation whatsoever. The tenant is required to:
- The tenant must behave as a good father and ensure the good maintenance of the accommodation during his stay.
- Return the accommodation just as clean and tidy at the end of your stay (washing and storage of the dishes, sheets and towels collected, garbage cans removed, etc.).
- Furniture and movable objects must suffer only from depreciation resulting from normal use for which they are intended. Those which, at the end of the tenancy, are missing, have not been maintained or have been taken out of service, for a cause other than normal wear and tear, must be paid (or replaced by the tenant with the consent owner). This clause also applies to painted walls, door frames and buildings in general (interior and exterior).
- The tenant undertakes to use the furniture and objects furnishing the accommodation for the use for which they are intended and in the places where they are located. He is strictly prohibited from transporting them outside the rented premises (in particular bedding, crockery, chairs, etc.).
- Do not sleep on the mattress sheet, bedding or duvets. The price of washing or cleaning quilts, mattresses, bedding, etc. which may have been stained, will be retained, if applicable.
- Do nothing which, by virtue of his or her family or acquaintances, might affect the tranquility of the neighborhood or of the other occupants.
- The tenant must absolutely refrain from throwing in the sinks, baths, showers, sinks, toilets, etc … objects likely to obstruct the pipes (wipes, tampax, cotton swabs, sanitary napkins, etc.), otherwise , he will be liable for the costs incurred for the repair of these devices.
- Immediately inform the owner of any damage and damage occurring in the accommodation, even if no apparent damage results.
- Respond to damage and losses that occur by his own doing or by the fact of people of his house, during the enjoyment of the accommodation, unless he proves that they took place without his fault or that of the above-named persons .
Article 13 – Nuisances
The owner cannot be held responsible for the neighborhood, insects, flies and mosquitoes in summer, irregularities and / or lack of use that may occur in the electricity services (cut of ADSL in the event of wind and / or bad weather), mobile telephony, etc … and declines all responsibility for lack of enjoyment not due to it.
Likewise, the owner cannot be held responsible for any bad weather preventing the tenant from taking advantage of the outdoor space offered for rent.
Article 14 – Tolerance
Any tolerance on the part of MI regarding the application of the T & Cs, whatever the frequency and duration, can never be considered as a modification or a waiver of the said T & Cs.
Article 15 – Applicable law and competent jurisdiction
The GTC and the contractual relations between the Client and MI are subject exclusively to French law.
In the event of a dispute arising between MI and the Consumer Client, any dispute or dispute to which these GTCS or an order may give rise, as regards their acceptance, validity, interpretation, execution or termination, will be subject to exclusive jurisdiction. jurisdictions designated by the Consumer Code.
In the event of a dispute arising between MI and the Professional Client, any dispute or dispute to which these GTCS or an order could give rise, as regards their acceptance, validity, interpretation, execution or termination, will be subject to exclusive jurisdiction. of the courts of the city of Bobigny, even in the event of a guarantee appeal, multiple defendants or the institution of summary proceedings or on request.
Finally, in accordance with the provisions of Articles L.611-1 et seq. Of the Consumer Code, the Consumer Client is informed that he may have recourse to a consumer mediator under the conditions provided for by law. Furthermore, in accordance with article 14.1 of Regulation (EU) n ° 524/2013 of the European Parliament and of the Council of May 21, 2013, the Customer is informed of the electronic link to the online dispute resolution platform ( https : //webgate.ec.europa.eu/odr/main/index.cfm? event = main.home.show & lng = FR ).