General conditions of sale of online services

Preamble

These general conditions of sale apply to all services provided on the "Bondsrrea.com" website.


The "Bondsrrea.com" website is of service to:

The customer declares to have read and accepted the general conditions of sale prior to placing the order. The validation of the order therefore implies acceptance of the general conditions of sale.

Article 1 - Content and scope

These general conditions of sale apply as of right to the provision of the following services: online auction of goods subject to rental by individuals and professionals.

They apply to the exclusion of all other conditions, and in particular those applicable to sales on the internet or through other distribution and marketing channels.


The sale (rental) is deemed concluded on the date of acceptance of the order or on immediate purchase by the seller (the lessor).


Any order or immediate purchase implies unreserved acceptance of these general conditions of sale which prevail over all other conditions, with the exception of those which have been expressly accepted by the seller (the lessor).


The buyer (the tenant) declares to have read these general conditions of sale and to have accepted them before his immediate purchase or the placing of his order.

Article 2 - Pre-contractual information

Prior to the immediate purchase or the placing of the order and the conclusion of the contract, these general conditions of sale are communicated to the purchaser, who acknowledges having received them.
The following information is sent to the buyer in a clear and understandable manner:

  • the essential characteristics of the service;
  • the price of the service or the method of calculating the price and, if applicable, all other possible costs;
  • the date or deadline at which the service provider undertakes to perform the service, regardless of its price, and any other contractual condition
  • information relating to the identity of the service provider, its postal, telephone and electronic contact details, and its activities;
  • the methods provided for handling complaints;
  • the duration of the contract, when it is concluded for a fixed term, or the conditions for its termination in the event of a contract of indefinite duration;
  • with regard to digital content any relevant interoperability of this content with certain hardware or software of which the trader is or should reasonably be aware.

The service provider must also communicate to the purchaser, or make available to him, the following information:

  • legal status and form, contact details allowing rapid contact and direct communication with him;
  • where applicable, the registration number in the trade and companies register or in the trades directory;
  • for activities subject to an authorization regime, the name and address of the authority which issued it;
  • for providers subject to value added tax and identity by an individual number in application of article 286 ter of the General Tax Code, their individual identification number;
  • for the service provider who is a member of a regulated profession, his professional title, the EU Member State in which it was granted as well as the name of the order or professional body with which he is registered;
  • any financial guarantee or professional liability insurance taken out by him, the contact details of the insurer or of the guarantor, as well as the geographical coverage of the contract or commitment.

Article 3 - Auctions

3-1 Definition

By order, we mean the last highest bidding order when it is the last bid valued during the time allotted to the auction.

Any auction won, to be valid, must be the last bid offered on a property within a predefined period.

Any auction received by the lessor is deemed to be final and final.

It entails full adherence and acceptance of these general conditions of sale and obligation to pay for bids won.

The future tenant has a right of withdrawal of 14 days from the conclusion of the contract, except as provided for in article L211-28 of the Consumer Code.

3-2 Regulations on auction offers

 

3-2-1 Regulations on auction or rental offers outside Bond's

It is forbidden to offer to bid or rent outside of Bond's. Renters and bidders are not allowed to share their contact details, including email addresses and phone numbers, before finalizing a transaction on Bondsrrea.com.

Contacting another Bond's member to move a transaction out of Bond's creates a risk of fraud and is therefore prohibited. It also means that the bidder and the lessor are not covered by our protection programs.

Bidders and lessors cannot:

  • Interact on the site with a user in order to facilitate or finalize transactions outside of Bond's
  • Share or ask for direct contact details before finalizing a transaction
  • Exception: landlords can choose to give their phone number as part of the Ask a question to the landlord function in order to facilitate a transaction on Bond's
  • In any communication with another Bond's member, point to or promote external websites that facilitate sales outside of Bond's or other businesses
  • Use contact details obtained through a Bond's transaction to be able to rent another property outside of Bond's
  • Auction a property, then mention or link other assets or associates for a transaction outside of Bond's
  • Host descriptions or images of goods outside of Bond's

Bidders and lessors must:

  • Use the Direct Bid or Seller-initiated Bid transactions to accept offers for goods and negotiate the price.
  • Activities that do not comply with Bond's regulations may result in penalties, including: removing or canceling ads, hiding or reducing the visibility of all ads in search results, blocking entirely or in part from messages / communications with other members, lowering of seller ratings, account suspension, additional charges and recovery of control and enforcement costs. Fees paid or payable for ads or accounts subject to sanctions will not be refunded or credited to your account.
  • If a landlord offers you to enter into a transaction outside of Bond's, please let us know.
  • If a bidder offers to make a transaction outside of Bond's, please let us know.

3-2-2 Rules on auction or rental offers outside Bond's

When a member bids on an Auction format ad and then retracts, they may gain an unfair advantage (for example, discovering another bidder's reserve price or maximum bid).

We want to ensure a fair marketplace for all users. For this reason, we only allow withdrawal of auctions under certain circumstances. To learn more, see our policy on handling auctions with the opt-out option.

When can I retract an auction?

An auction is a formal contract valid until the end of an advertisement in Auction format or the next higher bid. You can retract an auction only if the lessor has significantly changed the description of the item, if you accidentally entered an incorrect amount, or if you are unable to reach the lessor. Withdrawal from the auction for any other reason is considered invalid. In the event of an auction withdrawal for a valid reason, you must also comply with the withdrawal period.

What should I do if I suspect a Member of auction manipulation?

If you believe that another member is violating our policy on auction handling with the opt-out option, contact us to report the case.

3-2-3 Regulation on the manipulation of auctions with the option of withdrawal

An auction is considered to be a contract between you and the lessor. All auctions are active until the end of the auction action. If you win the auction, you are required to complete the transaction. It is forbidden to withdraw an auction, except in special circumstances. In addition, abuse of the auction withdrawal option to manipulate the auction process is prohibited. This includes any manipulation of the auction process with the objective of finding out the maximum bid of the current highest bidder or knowing the reserve price.

Any breach of these regulations may result in penalties, in particular:

  • limiting the privileges associated with the account;
  • suspension of the account;
  • failure to refund eBay fees on canceled listings;
  • loss of Top Reliability Seller status;
  • withdrawal of advertisements.

To report a violation:

  1. Contact us.
  2. Add the appropriate information, including relevant emails, with full descriptions in the subject line.
  3. Report a violation only once. Multiple emails about the same offense slow down an investigation.

 

Notes:

  • Before taking disciplinary action, Bond's analyzes the circumstances of the violation and the member's transaction history.
  • Disciplinary action may result in a formal warning, temporary suspension or indefinite suspension.
  • If a complaint cannot be proven, we may not take any specific action.
  • For the sake of confidentiality, we are not authorized to inform members of the progress of cases.

What is the purpose of this regulation?

Inappropriate or excessive auction withdrawals are detrimental to transactions. They are unfair to bidders who play by the rules and can hurt sellers by discouraging potential buyers. Auction withdrawals damage the trust between Bond's members. An auction is a contract between the seller and the bidder. We ask you to bid responsibly.

3-2-4 Regulation respecting unpaid auction documents

Buyers must pay for the items they win or commit to purchase on Bond's within 7 calendar days.

Regulations for bidders

Bond's Rules are rules and guidelines that create a safe, fair and enjoyable auction venue for all members of the bondsrrea.com site.

As a bidder, you should read and understand Bond's regulations, and be aware of the various applicable laws and regulations, as set out in the Terms of Service.

Bond's regulations aim to:

  1. ensure the application of local laws and regulations;
  2. reduce risks for bidders and lessors;
  3. guarantee equal opportunities for all bidders;
  4. provide a pleasant shopping experience;
  5. protect the values ​​of the Bond's community.

Bidders cannot:

Commit to bidding on real estate (winning the auction) without paying the 50% commission that will go to Bond's. For more details on penalties, see the Unpaid Items Regulation.

Bidding on an object without the intention of taking the rental. Each auction results in a contractual obligation for the bidders.

Misuse of the auction withdrawal option in order to manipulate the auction process.

Bidding on a property without complying with the rental conditions indicated in the advertisement, or with the aim of disrupting the conduct of the auction.

Carry out artificial auctions with the aim of artificially increasing the price of a property or its apparent attractiveness. Bidders must be completely independent from the lessor of the property.

Any violation of these regulations may result in penalties, in particular:

  • removal of advertisements;
  • limiting the privileges associated with the account;
  • suspension of the account;
  • non-refund of Bond's fees for canceled listings.

Article 4 - Performance of the service and termination of the contract

Unless express specific conditions specific to the rental, the performance of the service will be carried out within the timeframe or the lessor will have informed, in advance, of the availability of his property put up for rental on the real estate rental platform at auction.

In the event that the lessor fails to fulfill its obligation to perform on the date or expiry of the period provided for above, or, failing that, no later than 30 days after the conclusion of the contract, the future lessee may terminate the contract. , under the conditions of articles L216-2 and L216-3 and L216-4 of the Consumer Code, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having ordered, according to the same terms, the professional to provide the service within a reasonable additional time, the latter has not performed within this time.

The contract is considered terminated upon receipt by the lessor of the letter or writing informing it of this resolution, unless the lessor has performed in the meantime.

Nevertheless, the future tenant can immediately terminate the contract when the lessor refuses to provide the service or when he does not fulfill his obligation to provide the service on the scheduled date, if this date or this deadline constitutes a condition for the future tenant. essential of the contract.

This essential condition results from the circumstances surrounding the conclusion of the contract or from an express and tacit request of the future tenant before the conclusion of the contract.

The costs and risks associated with this operation are the sole responsibility of the lessor.

Except in cases of force majeure, the deposit paid with the order is automatically acquired and cannot give rise to any reimbursement.

Article 5 - Exceptions to the withdrawal period

The 14-day withdrawal period does not apply to the situation (s) listed below:

  • the price of the provision of services depends on market fluctuations
  • the service concerns accommodation services (hotels, camping, etc.)

Cancellation of the order

In the event of cancellation of the order by the future lessor, after acceptance by the lessor, for any reason whatsoever except force majeure, a sum corresponding to 50% of the amount of the auction won will be acquired by the seller.

Article 6 - Price

The prices are firm and final. Unless express specific conditions specific to the sale, the prices of the services provided are those appearing during the auction won by the third party deemed to be the future tenant.

They are expressed in legal tender and stipulated all taxes included.

In addition, at the expense of the future tenant, the commission of the "bondsrrea.com" website, equivalent to 30% of the total amount of the auction won.

In the event that the future tenant withdraws, the commission received by the site "bondsrrea.com" would be deemed acquired by the site and would therefore not be reimbursed to it.

Article 7 - Payment

Unless otherwise expressly provided for in the special conditions, payment of the rent will be made in cash, on the date provided by the lessor and the lessee, by mutual agreement.

The commission due to the "bondsrrea.com" website will be made when the auction has been won by the future tenant.

Unless otherwise stipulated, for any rental or service contract concluded between a professional and a consumer, the sums paid in advance are a deposit, within the meaning of article L 1590 of the Civil Code.

In this case, each of the contracting parties can reconsider its commitment, the consumer by losing the deposit, the professional by restoring them twice.

Payments made by the buyer will only be considered final after actual receipt of the sums due by the service provider.

Article 8 - Guarantees - General

8-1 Legal guarantee of conformity

Bond's guarantees the compliance of the rental property auction platform.

The advertisers, deemed to be the owners of these goods, affirm the accuracy of the information mentioned in their advertisement, cannot and must not, in any case, mislead the aspiring tenant under penalty of penalties and exclusion from the platform.

Article 9 - Intellectual property

Article 10 - Competent court

All disputes to which the auction operations concluded in application of these general conditions of sale could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not be resolved amicably between the lessor and the customer (said tenant), will be submitted to the competent courts under the conditions of common law.

Article 11 - Language of the contract

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.

Article 12 - Mediation and dispute resolution

The future tenant can resort to conventional mediation, in particular to the Consumer Mediation Commission or to existing sectoral adjudication bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. .

In accordance with article 14 of Regulation (EU) n ° 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals of the 'European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

Article 13 - Applicable law

These general conditions are subject to the application of French law, as are the substantive rules as well as the formal rules. In the event of a dispute or claim, the future tenant will first contact the for to obtain an amicable solution.

Article 14 - Protection of personal data

14-1: Data collected:

The personal data collected on the "bondsrrea.com" site are as follows:

  • account opening: when creating the user's account, their name; first name; email address ; Phone Number ; address ; bank details;
  • connection: when the user connects to the website, the latter records, in particular, his name, first name, connection, use, location and payment data;
  • profile: the use of the services provided on the website makes it possible to enter a profile, which may include an address and a telephone number;
  • payment: as part of the payment for products and services offered on the "bondsrrea.com" site, this site records financial data relating to the user's bank account or credit card;
  • communication: when the "bondsrrea.com" site is used to communicate with other members, the data concerning the user's communications are temporarily stored;
  • cookies: cookies are used when using the "bondsrrea.com" site. The user has the option of deactivating cookies from their browser settings.

14-2: Use of personal data:

The personal data collected from users is intended to provide the services of the website, to improve them and to maintain a secure environment.

More specifically, the uses are as follows:

  • access and use of the website by the user;
  • management of the operation and optimization of the website;
  • organization of the conditions of use of the Payment Services;
  • verification, identification and authentication of data transmitted by the user;
  • offering the user the possibility of communicating with other users of the website;
  • implementation of user assistance;
  • personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
  • prevention and detection of fraud, malware (malicious software or malicious software) and management of security incidents;
  • management of any disputes with users;
  • sending commercial and advertising information, based on user preferences.

14-3: Sharing of personal data with third parties:

Personal data may be shared with third-party companies in the following cases:

  • when the user uses payment services, for the implementation of these services, the “bondsrrea.com” site is in contact with third-party banking and financial companies with which it has entered into contracts;
  • when the public user, in the free comment areas of the site "bondsrrea.com", information accessible to the public;
  • when the user authorizes the website of a third party to access his data;
  • when the "bondsrrea.com" site uses the services of providers to provide user assistance, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable data protection regulations. staff ;
  • if required by law, the website may transmit data to respond to complaints against the website and to comply with administrative and legal procedures;
  • if the "bondsrrea.com" site is involved in a merger, acquisition, asset transfer or reorganization procedure, it may be required to sell or share all or part of its assets, including personal data . In this case, users would be informed, before personal data is transferred to a third party.

14-4: Security and confidentiality:

The "bondsrrea.com" website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.

14-5: Implementation of user rights:

In application of the regulations applicable to personal data, users have the rights mentioned below, which they can exercise by making their request at the following address: 843 avenue de Craponne, 13370 Mallemort - France

  • the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the "bondsrrea.com" website may request proof of the user's identity in order to verify its accuracy.
  • the right to rectification: if the personal data held by the "bondsrrea.com" website are inaccurate, they may request that the information be updated.
  • the right to delete data: users can request the deletion of their personal data, in accordance with applicable data protection laws.
  • the right to limit processing: users can ask the website to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.
  • the right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.
  • the right to portability: they can request that the "bondsrrea.com" website provide them with the personal data provided to them in order to transmit them to a new website.

14-6: Evolution of this clause:

The "bondsrrea.com" website reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the "bondsrrea.com" website undertakes to publish the new version on its site. The "bondsrrea.com" website will also inform users of the modification by electronic mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.

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