General conditions of sale

General terms and conditions of sales for the online real estate section

1. Purpose

The general terms and conditions herewith

These General Terms and Conditions of Sale are intended to define the terms and conditions under which FIGARO CLASSIFIEDS, a public limited company with shared capital of € 6,974,118, registered with the Paris Trade Registry (RCS Paris) under number B 431 373 471, and which registered office is located at 9 rue de Caumartin, 75009 Paris, France (hereafter "FIGARO CLASSIFIEDS"), provides its clients with a service for the publication of adverts which aim is to let or sell their properties, and offers corporate communication products or advertising spaces on its websites dedicated to property listings. In the event of a problem, French law shall apply and French courts shall have jurisdiction.

2. Acceptance of the Terms and Conditions of Sale

The placement of a Purchase Order to the FIGARO CLASSIFIEDS Real Estate section implies the acceptance of our Terms and Conditions (the "Terms"). Accordingly, the Client acknowledges having read them and agrees to be bound by and comply with these Terms. Any addition, deletion, modification or removal made to the Purchase Order or these "Terms" shall be countersigned by FIGARO CLASSIFIEDS to be effective.

3. Definitions

Unless otherwise specified, in these General Terms and Conditions, the following terms shall have the following meanings: Client: any legal entity or individual which is the owner or agent, as per the HOGUET Law dated 2 January 1970, and which is duly authorized to post a listing and / or advertising for a property, Hereafter also referred to as the "Advertiser" Contract: corresponds to an Advertising Order and / or Purchase Order Real estate website: FIGARO CLASSIFIEDS website on which the Client wants to post adverts or publish its communication products.

4. Contract Agreement

Subscribing to the services provided by FIGARO CLASSIFIEDS occurs upon signing of a Purchase Order at the rate indicated on it. FIGARO CLASSIFIEDS reserves the right to revise its rates at any time. If it appears that the Client is indebted to FIGARO CLASSIFIEDS under other contracts, and in the absence of a valid claim regarding such debt, FIGARO CLASSIFIEDS reserves the right to require any new contract to be paid forthwith.

5. Liability

5.1 The Client acknowledges that it is the sole and exclusive author of the text of any Advert or holds all the necessary copyrights and permissions for its publication. If the Client is a real estate agent, it declares that it holds the T "Transaction" card allowing it to rent or sell on behalf of others.

5.2 FIGARO CLASSIFIEDS does not intervene in any way in the drafting of the texts of the adverts to be posted, which is the sole responsibility of the Client who has provided them. The photographs of the property advertised are provided by the Client, and are posted as such. However, FIGARO CLASSIFIEDS reserves the right not to publish a photograph that is overloaded, of poor quality, or unrelated to the advert. FIGARO CLASSIFIEDS also reserves the right to suspend or reject outright any text that, in its opinion, seems incompatible with the purposes of the service, or which by its nature, text or presentation seems contrary to the spirit or purpose of the website. In addition, FIGARO CLASSIFIEDS reserves the right to suspend or turn down any advert or picture that might undermine public order or morality, provoke protests from third parties, or be contrary to the legal provisions in force. The Client explicitly agrees to indemnify FIGARO CLASSIFIEDS for any liability incurred by FIGARO CLASSIFIEDS.

5.3 The Client acknowledges having been informed of the characteristics and limitations of the Internet and, in particular, acknowledges that FIGARO CLASSIFIEDS shall not be held liable for problems regarding data transmission, network connection or unavailability, access speeds or any malfunction or failure of the Internet with regard to possible global network congestion and the complexity of the hardware and software installed on the Companies' servers.
FIGARO CLASSIFIEDS shall in no event be liable for any delivery problems or breakdown of telephone communication or technical issues beyond its control affecting the publication of information concerning the property offered.

5.4 The Client acknowledges that, as a medium, FIGARO CLASSIFIEDS is bound solely by an obligation of means, and cannot guarantee the performance of the adverts or products it provides.

6. Publication of Adverts or Products

The contract enters into force upon signature of the Purchase Order, so that the parties shall provide the services set forth in the Contract, without possibility of withdrawal. The publication period of adverts or products is specified on the Purchase Order. It should be noted that adverts may not be published in all departments of France, but shall correspond to the geographic location of the property advertised.

7. Invoicing and Payment

All invoices are payable in Paris. Our invoices do not imply any renewal of or exceptions to this jurisdiction clause. Products are payable upon signing of the order. However, regular clients may, upon prior agreement with FIGARO CLASSIFIEDS, pay their invoice(s) under the conditions defined hereafter: 30 days ending on the 10th, by check or bank transfer, without discount, 30 days ending on the 15th by bill of exchange only, without discount Any delay in payment shall incur without further notice: the suspension of the contract, the immediate payment of all charges remaining due and unbilled orders, the full payment on the delivery of any new online placement order or its suspension, billing of interest on late payment calculated at the legal interest rate applicable, as indicated on the invoice and payable upon receipt by bank check, under the penalty clause, the collectability of a flat fee of 15% of the invoice amount, in addition to any legal fees. Based on the state of existing techniques, FIGARO CLASSIFIEDS shall make available all items justifying the invoice to the Client. The statement of invoice items established by FIGARO CLASSIFIEDS that serves as a basis for the invoice shall be enforceable against the Client as evidence.

8. Suspension and Termination of the Service by FIGARO CLASSIFIEDS

In the event of total or partial non-payment by the Client, the Service may be suspended by FIGARO CLASSIFIEDS if the formal notice sent to the Client remains pending within 8 days of receipt. The Service may also be suspended or terminated under the same conditions if the Client fails to comply with any of the obligations set forth in the Contract. In all cases provided for in this Article, issued invoices remain due to FIGARO CLASSIFIEDS and the Client shall not be entitled to claim damages and / or compensation of any kind whatsoever.

9. Commitments of the Client

9.1 Upon signing of the contract and throughout the duration of the publication of its adverts and / or products, the Client undertakes to provide up to date identification information. Therefore, the Client is solely responsible for the information provided to FIGARO CLASSIFIEDS. Moreover, the Client undertakes to inform FIGARO CLASSIFIEDS within 15 days of any change in the information provided at the time the contract was entered into.

9.2 The user name and password allowing access to the Professional Area of the real estate website are strictly individual. The Client agrees to maintain the aforementioned user name and passwords confidential, and shall bear all the consequences, especially the financial ones, resulting from their use by third parties.

9.3 The Client undertakes to use the Service to which it subscribed in accordance with the use for which the Service has been defined and marketed.
The Client acknowledges that it has been informed that any misuse, especially marketing of the Service and / or use of trademarks and logos owned by FIGARO CLASSIFIEDS is prohibited. The Client is responsible for the use of access to the Service. The Client acknowledges that it shall be the sole user of the services sold by FIGARO CLASSIFIEDS, which shall be used only by the signatory to the contract, and shall not be resold in any way to third parties without the prior consent of FIGARO CLASSIFIEDS. The logins and passwords provided by FIGARO CLASSIFIEDS are not transferable to third parties under any circumstances.

9.4 The Client is solely responsible for any damage caused by itself or one of its agents to the website Publisher or to third parties, as a result of its use of the Service

9.5 Regarding the use of databases, the Client shall inform FIGARO CLASSIFIEDS as soon as it becomes aware of any act of competition, including interference, pillage or otherwise likely to adversely affect the services operated by FIGARO CLASSIFIEDS.

10. Commitments of FIGARO CLASSIFIEDS

FIGARO CLASSIFIEDS is responsible for providing the means necessary for the proper operation of the Service and takes the measures necessary to maintain the continuity and quality of the Service.

11. Assignment of the Contract

The Client shall not, under any circumstances sell or transfer to a third party for a fee or free of charge, the benefit of this Contract in any form whatsoever.

12. Settlement of Disputes

No claim shall be accepted if it has not been made within eight days of receipt of the invoice. Should a dispute occur or be pending, the Client commits to paying without delay the undisputed portion of the invoice. Any claim or dispute regarding the performance or interpretation of the contract or these Terms shall be the sole jurisdiction of the Commercial Court of Paris, notwithstanding a plurality of respondents, petitions, guaranteed appeal, emergency or summary proceedings for any ex parte motions.


General terms and conditions of sale for the "print" real estate section

1. Purpose

These General Terms and Conditions of Sale are intended to define the terms and conditions under which FIGARO CLASSIFIEDS, a public limited company with shared capital of € 6,974,118, registered with the Paris Trade Registry (RCS Paris) under number B 431 373 471, and which registered office is located at 9 rue de Caumartin, 75009 Paris, France, (hereafter "FIGARO CLASSIFIEDS"), provides its clients with a service for the publication of adverts which aim is to let or sell their properties, and offers corporate communication products or advertising spaces in its real estate magazines (periodicals) and/or in the Property Listings of the daily Le Figaro Quotidien. In the event of a problem, French law shall apply and French courts shall have jurisdiction.

2. Acceptance of the Terms and Conditions of Sale

The placement of a Purchase Order in the FIGARO CLASSIFIEDS Real Estate Section implies the acceptance of our General Terms and Conditions of Sale ("Terms").  Accordingly, the Client acknowledges having read them and agrees to be bound by and comply with these Terms. Any addition, deletion, modification or removal made to the Purchase Order or these "Terms" shall be countersigned by FIGARO CLASSIFIEDS to be effective.

3. Definitions

Unless otherwise specified, in these General Terms and Conditions, the following terms shall have the following meanings:

Client: For old properties: any legal entity or individual which is the owner or agent as per the HOGUET Law dated 2 January 1970, and which is duly authorized to post a listing and / or advertising for a property,

For new properties: any individual who is a builder or developer, and who is duly authorized to promote new housing.

Hereafter also called "Advertisers". 

Contract: corresponds to an Advertising Order and / or a Purchase Order.

4. Contract Agreement

Subscribing to the services provided by FIGARO CLASSIFIEDS occurs upon signing of a Purchase Order, or advertising order at the rate indicated on it.

FIGARO CLASSIFIEDS reserves the right to revise its rates at any time.

If it appears that the Client is indebted to FIGARO CLASSIFIEDS under other contracts, and in the absence of a valid claim regarding such debt, FIGARO CLASSIFIEDS reserves the right to require any new contract to be paid forthwith.

5. Liability

5.1 The Client acknowledges that it is the sole and exclusive author of the text of any Advert or holds all the necessary copyrights and permissions for its publication. If the Client is a real estate agent, it declares that it holds the T "Transaction" card allowing it to rent or sell on behalf of others.

5.2 FIGARO CLASSIFIEDS does not intervene in any way in the drafting of the texts of the adverts to be posted, which is the sole responsibility of the Client who has provided them. The photographs of the property advertised are provided by the Client, and are posted as such. However, FIGARO CLASSIFIEDS reserves the right not to publish a photograph that is overloaded, of poor quality, or unrelated to the advert. FIGARO CLASSIFIEDS reserves the right to suspend or turn down any advert or picture that might provoke protests from third parties, or be contrary to the legal provisions in force. The Client explicitly agrees to indemnify FIGARO CLASSIFIEDS for any liability incurred by FIGARO CLASSIFIEDS.

5.3 The Client acknowledges having been informed of the characteristics and limitations of the Internet and, in particular, acknowledges that FIGARO CLASSIFIEDS shall not be held liable for problems related to data transmission, network connection or unavailability, access speeds or any malfunction or failure of the Internet with regard to possible global network congestion and the complexity of the hardware and software installed on the Companies' servers.

FIGARO CLASSIFIEDS shall in no event be liable for any delivery problems or breakdown of telephone communication or technical issues beyond its control affecting the publication of information concerning the property offered.

5.4 The Client acknowledges that, as a medium, FIGARO CLASSIFIEDS is bound solely by an obligation of means, and cannot guarantee the performance of the adverts or products it provides.

6. Publication of Adverts or Products

The contract enters into force upon signature of the Purchase Order, so that the parties shall provide the services set forth in the Contract. The publication date and period of the adverts and/or products are specified on the Purchase Order. If the Client wishes to stop posting the adverts being processed, it shall do so by sending a registered letter (with return receipt) to FIGARO CLASSIFIEDS - Service Relations Clients Immobilier, 9 rue de Caumartin, 75009 Paris, France, 30 days prior to the closing date of the issue of the magazine concerned for periodicals. For adverts to be published in the daily Le Figaro Quotidien, the advertiser shall call the Service des Petites Annonces Téléphonées at the following number: +33 (0) 1 56 52 80 00 the day before the scheduled date of publication before 3pm for lines and before noon for modules, in order to notify cancellation. For larger adverts, cancellation shall be notified a week prior to the scheduled publication date.

Beyond this period, the publication order shall be invoiced according to the terms set forth. Any breach of the contract, for one or more publications, shall automatically result in a separate charge posting accruals according to the rates in force.

Any advertising information that is editorial in character must be preceded by the word "ADVERTISEMENT".

Failure to publish one or more adverts shall not grant the right to any compensation and shall not release from payment of justified adverts.

7. Invoicing and Payment

All invoices are payable in Paris. Our invoices do not imply any renewal of or exceptions to this jurisdiction clause. Products are payable on the signing of the order. Regular customers may, however, upon prior agreement with FIGARO CLASSIFIEDS, pay their invoice(s) under the conditions defined hereafter:

30 days ending on the 10th, by check or bank transfer, without discount,

30 days ending on the 15th by bill of exchange only, without discount

Any delay in payment shall incur without further notice:

the suspension of the contract,

the immediate payment of all charges remaining due and unbilled orders,

the full payment on the delivery of any new online placement order or its suspension,

billing of interest on late payment as calculated at the legal interest rate applicable, as indicated on the invoice and payable upon receipt by bank check,

under the penalty clause, the collectability of a flat fee of 15% of the invoice amount, in addition to any legal fees.

Based on the state of existing techniques, FIGARO CLASSIFIEDS shall make available all items justifying the invoice to the Client. The statement of invoice items established by FIGARO CLASSIFIEDS that serves as a basis for the invoice shall be enforceable against the Client as evidence.

8. Agents

Any intermediary acting on behalf of an advertiser as per a written agreement which certificate is provided to FIGARO CLASSIFIEDS shall be a recognized agent. A copy of the invoice shall be sent to any representative, while the original shall be sent directly to the advertiser. A multiple order discount shall be granted to any agent with at least two advertisers, in accordance with our price schedule. A reference discount may also be granted to such agent.

9. Reference and Scaled Discount

A discount shall be applied as a reference based on the invoice amount.

Scaled discounts shall be granted to advertisers as per the conditions specified in our price schedule. Scaled discounts and multiple order discounts shall appear on our invoices and, for long-term orders, shall be subject to an adjustment at the end of the contract.

10. Advertising Agency - Professional Discount

A professional discount shall be granted to duly authorized advertising agencies upon presentation of an up to date Kbis statement

11 Group of Companies

An advertiser that is part of a group of companies shall benefit from the conditions granted to this Group. The Group is defined as all companies owned by the same legal entity by at least 50%.

12. Suspension and Termination of the Service by FIGARO CLASSIFIEDS

In the event of total or partial non-payment by the Client, the Service may be suspended by FIGARO CLASSIFIEDS if the formal notice sent to the Client remains pending within 8 days of receipt. The Service may also be suspended or terminated under the same conditions if the Client fails to comply with any of the obligations set forth in the Contract. In all cases provided for in this Article, issued invoices remain due to FIGARO CLASSIFIEDS and the Client shall not be entitled to claim damages and / or compensation of any kind whatsoever.

13. Commitments of the Client

13.1 Upon signing of the contract and throughout the duration of the publication of its adverts and / or products, the Client undertakes to provide up to date identification information. Therefore, the Client is solely responsible for the information provided to FIGARO CLASSIFIEDS. Moreover, the Client undertakes to inform FIGARO CLASSIFIEDS within 15 days of any change in the information provided at the time the contract was entered into.

13.2 The Client undertakes to use the Service to which it subscribed in accordance with the use for which the Service has been defined and marketed.

The Client acknowledges that it has been informed that any misuse, especially marketing of the Service and / or use of trademarks and logos owned by FIGARO CLASSIFIEDS is prohibited. The Client is responsible for the use of access to the Service.

The Client acknowledges that it shall be the sole user of the services sold by FIGARO CLASSIFIEDS, which shall be used only by the signatory to the contract, and shall not be resold in any way to third parties without the prior consent of FIGARO CLASSIFIEDS.

13.3  The Customer is solely responsible for any damage caused by itself or one of its agents and/or its subsidiaries or third parties as a result of its use of the Service.

13.4 Regarding the use of databases, the Client shall inform FIGARO CLASSIFIEDS as soon as it becomes aware of any act of competition, including interference, pillage or otherwise likely to adversely affect the services operated by FIGARO CLASSIFIEDS.

14. Commitments of FIGARO CLASSIFIEDS

FIGARO CLASSIFIEDS is responsible for providing the means necessary for the proper operation of the Service and takes the measures necessary to maintain the continuity and quality of the Service.

15. Assignment of the Contract

The Client shall not, under any circumstances sell or transfer to a third party for a fee or free of charge, the benefit of this Contract in any form whatsoever.

16. Settlement of Disputes

No claim shall be accepted if it has not been made within eight days of the insertion. Should a dispute occur or be pending, the Client commits to paying without delay the undisputed portion of the invoice. Any claim or dispute regarding the performance or interpretation of the contract or these Terms shall be the sole jurisdiction of the Commercial Court of Paris, notwithstanding a plurality of respondents, petitions, guaranteed appeal, emergency or summary proceedings for any ex parte motions.


General terms and conditions of "online" subscription to the real estate section

1. Purpose

These General Terms and Conditions of Subscription are intended to define the terms and conditions under which FIGARO CLASSIFIEDS, a public limited company with shared capital of € 6,974,118, registered with the Paris Trade Registry (RCS Paris) under number B 431 373 471, and which registered office is located at 9 rue de Caumartin, 75009 Paris, France, (hereafter "FIGARO CLASSIFIEDS"), provides its clients with a service for the publication of adverts which aim is to let or sell their properties, and offers corporate communication products or advertising spaces on its websites dedicated to property listings. In the event of a problem, French law shall apply and French courts shall have jurisdiction.

2. Acceptance of the Terms and Conditions of Subscription

The placement of a Subscription Order to the FIGARO CLASSIFIEDS Real Estate section implies the acceptance of our General Terms and Conditions of Subscription ("Terms of Subscription"). Accordingly, the Client acknowledges having read them and agrees to be bound by and comply with these Terms. Any addition, deletion, modification or removal made to these "Terms of Subscription" shall be countersigned by FIGARO CLASSIFIEDS to be effective.

3.  Definitions

Unless otherwise specified, in these General Terms and Conditions, the following terms shall have the following meanings:

Client: For old properties: any legal entity or individual which is the owner or agent as per the HOGUET Law dated 2 January 1970, and which is duly authorized to post a listing and / or advertising for a property,

For new properties: any individual who is a builder or developer, and who is duly authorized to promote new housing.

Hereafter also called "Advertisers".

Contract: corresponds to an Advertising Order and / or a Subscription Order

Real estate website:  FIGARO CLASSIFIEDS website on which the Client wants to post adverts or publish its communication products.

4. Contract Agreement

Subscribing to the services provided by FIGARO CLASSIFIEDS occurs upon signing of a Subscription Order at the rate indicated on it.

FIGARO CLASSIFIEDS reserves the right to revise its rates at any time.

The Client shall be notified of any rate change at least 2 months before it takes effect. Should the Client fail to disagree with these new rates within 30 days following notification, these new rates shall be deemed as having been permanently and irrevocably accepted by the Client.

The rates for old and new properties are specified as different. Therefore, the Client cannot place a subscription order at old property rates to post adverts for new properties. In the event of an abuse by the Client, FIGARO CLASSIFIEDS reserves the right to suspend the subscription to rectify the situation as soon as possible.

If it appears that the Client is indebted to FIGARO CLASSIFIEDS under other contracts, and in the absence of a valid claim regarding such debt, FIGARO CLASSIFIEDS reserves the right to require any new contract to be paid forthwith.

5. Creation of Applications for Mobile phones / Smartphones

FIGARO CLASSIFIEDS creates and develops mobile applications on different Smartphone platforms for its clients. After signing the Subscription Order, FIGARO CLASSIFIEDS sends the Client a form to define the mobile application requirements and expected characteristics based on a catalogue of different structures. Within the framework of service provision, each Party shall appoint a Project Manager who shall be responsible for its representation to the other party. The Client undertakes to provide FIGARO CLASSIFIEDS with the missing technical or visual elements identified in the previous step and required for the development and setting up of the mobile application, as soon as possible. Upon receipt of all information, FIGARO CLASSIFIEDS shall provide the Client with a first model within 10 days. Where applicable, if all the elements required to create the ordered mobile application have not been provided by the Client within 60 days at the latest following the signing of the Subscription Order, FIGARO CLASSIFIEDS shall invoice the services set forth in the Subscription Order. After the development and programming phases, FIGARO CLASSIFIEDS provides graphic models of the mobile application in accordance with the form and shall sign an Acceptance Form with the Client. The signing of the Acceptance Form implies the Client’s irrevocable acceptance without reservation of the compliance of the mobile application. The application is then submitted for validation on the corresponding distribution platform (AppleStore, AndroidMarket, etc...). FIGARO CLASSIFIEDS cannot guarantee the time required for market availability of the mobile application on the distribution platform, as the latter is solely responsible for the validation and ranking of the application submitted to it. FIGARO CLASSIFIEDS shall not be held liable for the non-publication, withdrawal or compliance request of a mobile application by the distribution platform named in the Subscription Order. FIGARO CLASSIFIEDS guarantees the Client that the mobile application created shall work without defects or malfunctions from design or production defects or errors which prevent the normal use of such application. This coverage is provided for a period of one (1) month starting from the signing of the Acceptance Form. This coverage is expressly limited to the correction or circumvention of anomalies and malfunctions preventing normal use of the mobile application. However, the warranty is excluded if the Client has not complied with normal use of the application. The right to use the mobile application granted to the Client by FIGARO CLASSIFIEDS as per its Subscription Agreement, as well as access rights, shall automatically cease on the termination date of such Agreement.

6. Liability

6.1 The Client acknowledges that it is the sole and exclusive author of the text of any Advert or holds all the necessary copyrights and permissions for its publication. If the Client is a real estate agent, it declares that it holds the T "Transaction" card allowing it to rent or sell on behalf of others.

6.2 FIGARO CLASSIFIEDS does not intervene in any way in the drafting of the texts of the adverts to be posted, which is the sole responsibility of the Client who has provided them. The photographs of the property advertised are provided by the Client, and are posted as such. However, FIGARO CLASSIFIEDS reserves the right not to publish a photograph that is overloaded, of poor quality, or unrelated to the advert. FIGARO CLASSIFIEDS also reserves the right to reject outright any text that, in its opinion, seems incompatible with the purposes of the service, or which might provoke protests from third parties, or be contrary to the legal provisions in force. The Client explicitly agrees to indemnify FIGARO CLASSIFIEDS for any liability incurred by FIGARO CLASSIFIEDS.

6.3 The Client acknowledges having been informed of the characteristics and limitations of the Internet and, in particular, acknowledges that FIGARO CLASSIFIEDS shall not be held liable for problems regarding data transmission, network connection or unavailability, access speeds or any malfunction or failure of the Internet with regard to possible global network congestion and the complexity of the hardware and software installed on the Companies' servers.

FIGARO CLASSIFIEDS shall in no event be liable for any delivery problems or breakdown of telephone communication or technical issues beyond its control affecting the publication of information concerning the property offered.

6.4 The Client acknowledges that, as a medium, FIGARO CLASSIFIEDS is bound solely by an obligation of means, and cannot guarantee the performance of the adverts or products it provides.

7. Beginning of the Subscription Period

The contract shall enter into force upon signature of the Subscription Order so that the parties are bound to perform the services set forth in the Contract, without possibility of withdrawal. In case of the publication of adverts coming from the Client's transaction software, and when the transfer gateway exists within FIGARO CLASSIFIEDS, the subscription period and invoicing shall begin when FIGARO CLASSIFIEDS opens the gateway in the Client’s service provider. If the publication of the Client’s adverts requires the creation of a new FIGARO CLASSIFIEDS gateway with the Client's service provider, the subscription period and invoicing shall begin when the new gateway opens.

If the publication is the result of the Client entering adverts on its online Professional Area, the subscription period and invoicing shall begin on the date the account was opened, i.e. the date when FIGARO CLASSIFIEDS sent the Client its login details.

It should be noted that adverts may not be published in all departments of France, but shall correspond to the geographic location of the property advertised.

8. Invoicing and Payment

All invoices are payable in Paris. Our invoices do not imply any renewal of or exceptions to this jurisdiction clause. Products are payable upon signing of the order. Regular customers may, however, upon prior agreement with FIGARO CLASSIFIEDS, pay their invoice(s) under the conditions defined hereafter:

30 days ending on the 10th, by check or bank transfer, without discount,

30 days ending on the 15th by bill of exchange only, without discount

Any delay in payment shall without further notice incur:

the suspension of the contract,

the immediate payment of all remaining due charges and unbilled orders,

the full payment on the delivery of any new online placement order or its suspension,

billing of interest on late payment as calculated at the legal interest rate applicable, as indicated on the invoice and payable upon receipt by bank check,

under the penalty clause, the collectability of a flat fee of 15% of the invoice amount, in addition to any legal fees.

Based on the state of existing techniques, FIGARO CLASSIFIEDS shall make available all items justifying the invoice to the Client. The statement of invoice items established by FIGARO CLASSIFIEDS that serves as a basis for the invoice shall be enforceable against the Client as evidence.

9. Duration and Termination of the Subscription

The subscription period is specified in the Subscription Order. This period corresponds to a minimum firm commitment period during which the Client may not withdraw. At the end of the minimum commitment period, the Client may terminate the contract by sending a registered letter (with return receipt) to FIGARO CLASSIFIEDS - Service Relations Clients Immobilier, 9 rue de Caumartin, 75009 Paris, France, subject to prior notice. Termination of the subscription shall only be taken into account at the end of the month as follows: cancellation requests received before the 15th of the month shall be effective at the end of the same month. Cancellation requests received from the 15th of the month shall be effective at the end of the following month.

Unless terminated by the Client pursuant to the aforementioned conditions, the contract shall be renewed by tacit agreement for a period equal to the original subscription period.

10. Suspension and Termination of the Subscription by FIGARO CLASSIFIEDS

In the event of total or partial non-payment by the Client, the service may be suspended by FIGARO CLASSIFIEDS if the formal notice sent to the Client remains pending within 8 days of receipt. The service shall also be suspended or terminated under the same conditions if the Client fails to comply with any of the obligations set forth in the Contract. In all cases provided for in this Article, issued invoices remain due to FIGARO CLASSIFIEDS, and the Client shall not be entitled to claim damages and / or compensation of any kind whatsoever.

11. Termination without just cause

The Client undertakes to comply with the subscription period as set forth in the Subscription Order. If the Client terminates the contract without good reason, except as provided for by contract, the Client shall be held liable for the payment of its subscription invoices for the period of firm commitment and shall not be entitled to any refund, rebate or discount of any kind.

12. Commitments of the Client

12.1 Upon ordering the subscription and throughout the duration of the publication of its contract commitment, the Client undertakes to provide up to date identification information. Therefore, the Client is solely responsible for the information communicated to FIGARO CLASSIFIEDS. Moreover, the Client undertakes to inform FIGARO CLASSIFIEDS within 15 days of any change in the information provided at the time the contract was entered into.

12.2 The user name and password allowing access to the Professional Area of the real estate website are strictly individual. The Client agrees to maintain the aforementioned user name and password confidential, and shall bear all the consequences, especially the financial ones, resulting from their use by third parties.

12.3 The Client undertakes to use the Service to which it subscribed in accordance with the use for which the Service has been defined and marketed.

The Client acknowledges that it has been informed that any misuse, especially marketing of the Service and / or use of trademarks and logos owned by FIGARO CLASSIFIEDS is prohibited. The Client is responsible for the use of access to the Service.

The Client acknowledges that it shall be the sole user of the services sold by FIGARO CLASSIFIEDS, which shall be used only by the signatory to the contract, and shall not be resold in any way to third parties without the prior consent of FIGARO CLASSIFIEDS. The logins and passwords provided by FIGARO CLASSIFIEDS are not transferable to third parties under any circumstances.

12.4 The Client is solely responsible for any damage caused by itself or one of its agents and/or subsidiaries or third parties as a result of its use of the Service.

12.5 Regarding the use of databases, the Client shall inform FIGARO CLASSIFIEDS as soon as it becomes aware of any act of competition, including interference, pillage or otherwise likely to adversely affect the services operated by FIGARO CLASSIFIEDS.

13. Commitments of FIGARO CLASSIFIEDS

FIGARO CLASSIFIEDS is responsible for providing the means necessary for the proper operation of the Service and takes the measures necessary to maintain the continuity and quality of the Service.

14. Assignment of the Contract

The Client shall not, under any circumstances sell or transfer to a third party for a fee or free of charge, the benefit of this Contract in any form whatsoever.

15. Settlement of Disputes

No claim shall be accepted if it has not been made within eight days of receipt of the invoice. Should a dispute occur or be pending, the Client commits to paying without delay the undisputed portion of the invoice. Any claim or dispute regarding the performance or interpretation of the contract or these Terms of Subscription shall be the sole jurisdiction of the Commercial Court of Paris, notwithstanding a plurality of respondents, petitions, guaranteed appeal, emergency or summary proceedings for any ex parte motions.