The website https://www.bienetvous/ offers a service for placing and consulting classified ads for old properties, placed by real estate professionals or by private individuals on the Internet.
Access to the Website, its consultation and use are subject to the unreserved acceptance of these General Terms and Conditions of Use of the Bien Et Vous Service (hereinafter referred to as the “GTCU”).
Each of the terms mentioned below shall have the following meaning in these GCU:
Ad: refers to all elements and data (visual, textual, photographs, drawings), submitted by an Advertiser under his editorial responsibility, with a view to renting or selling a property published on the Website.
Advertiser: refers to any natural person of legal age or legal entity, using the Website for professional purposes, who holds a subscription to the Bien Et Vous service, enabling him/her to publish Advertisements. In the event that the person using the Website is a natural person acting on behalf of a legal entity, the Advertiser refers to both the natural person and the legal entity on whose behalf the latter is acting.
The Free, Starter, Pro and Business package: refers to the space that any Advertiser is created after subscribing to a free or paid broadcasting offer on the Website and from which he can broadcast, manage and view his Advertisements.
Autosystem: refers to the company that publishes and operates the Internet Site: Bien et Vous, registered in the Bobigny Trade and Companies Register under number A 832 928 261, whose registered office is located at 7 rue Nungesser 93150 Blanc Mesnil.
Bien Et Vous Service: refers to the service published by Autosystem, made available to Users and Advertisers on the Website and the Applications, as described in article 3 of these GCU.
Website: refers to the website operated at the address https://bienetvous.com/ allowing Users and Advertisers to access the Bien Et Vous Service via the internet.
User: refers to any visitor, whether or not he/she has a User Account, excluding the Advertiser, who has access to the Bien Et Vous Service via the Website, consulting the Bien Et Vous Service, accessible via an internet connection.
Article 1 – Purpose
The purpose of the GCU is to determine the conditions of use of the Bien Et Vous Service made available to Users and Advertisers via the Website.
Article 2 – Acceptance
Any User – any Advertiser, declares that by accessing and using the Bien Et Vous Service, from the Website, he/she has read the present General Terms of Use and expressly accepts them without reservation and/or modification of any kind. These Terms of Use are therefore fully enforceable against Users and Advertisers.
Article 3 – Bien Et Vous service
3.1 General rules
Any User – any Advertiser declares that he/she is informed that, in order to access the Bien Et Vous Service, he/she must have Internet access subscribed with the provider of his/her choice, the cost of which is at his/her expense, and acknowledges that :
The reliability of transmissions is uncertain due, in particular, to the heterogeneous nature of the infrastructures and networks on which they circulate and that, in particular, breakdowns or saturations may occur;
It is the Advertiser’s responsibility to take any measure he deems appropriate to ensure the security of his equipment and his own data, software or other, in particular against contamination by any virus and/or attempted intrusion of which he may be a victim;
Any equipment connected to the Website is and remains under the sole responsibility of the User or Advertiser, and Autosystem and the Bien et Vous service cannot be held liable for any direct or indirect damage that may arise from their connection to the Website.
Any User – any Advertiser undertakes, where applicable, to respect and maintain the confidentiality of the login details for their User Account or Pro Account and expressly acknowledges that any connection to their User Account or Pro Account, as well as any transmission of data from their User Account or Pro Account, will be deemed to have been made by them.
Any loss, misappropriation or use of connection identifiers and their possible consequences are the sole and entire responsibility of the account holder, User or Advertiser.
All Advertisers are informed that Autosystem and the Bien et Vous service, its parent company and its sister companies may publish classified ad services dedicated to one or more categories of deposit. Any Advertiser accepts that Autosystem and the service Bien et Vous, its parent company and/or its sister companies may publish their Advertisements on these dedicated services, within the limits of their life span or until they are deleted.
3.2 Description of the You and the Good Service
The features of the You and Your World Service offered vary according to whether you are an Advertiser or a User.
3.2.1 Features available to all Users
Consultation of all the Ads posted,
The provision of content on the theme of real estate,
Contacting Advertisers in order to obtain information on the property that is the subject of the Advertisement,
Sharing an Ad on Facebook, Twitter and/or Google + via the sharing application button,
Consulting the directory of real estate agencies published on the Website,
The use of additional services offered by our partners (for example: loan simulation, loan insurance, entrusting your property for sale, entrusting your property search, finding your mover …),
The creation of an alert,
Additional information on the locality of the property and its environment,
Calculation of travel time from the centre of the property’s location.
3.2.2 Features available to Users with a User Account
Creation of price alerts,
Saving searches,
The possibility of creating a list of favourites,
Management (updating, modification, deletion) of the password and information entered when the User Account was created directly via the Website.
3.2.3 Features available to Advertisers
The placing of Advertisements having previously subscribed to an offer to publish on the Website with Autosystem and the Bien et Vous service.
The management of Advertisements via the page accessible at the URL: https://bienetvous.com/ directly on the Website:
The deletion of Advertisements,
Modification of Advertisements,
Consultation of statistics relating to Advertisements.
Managing (updating, modifying) the password and information entered when the Pro Account was created, either directly via the Pro Account or via the Bien et Vous customer service.
Article 4 – Publication of Ads
4.1 Automated control of Advertisements
Autosystem and the Bien et Vous service reserves the right to delete, without prior notice, compensation or right to reimbursement, any Advertisement that does not comply with the rules of publication of the Bien et Vous service and/or that may infringe the rights of a third party. The rules of distribution are accessible by clicking on this link.
Any Advertiser or any User who notices that any content published on the Bien et Vous Service is illegal is invited to notify the Bien et Vous service via the contact section of the Website.
4.2 Ad ranking criteria
The Advertisements are classified by default in chronological order: the last published Advertisement will appear first in the results page of the Advertisements according to the selected criteria.
Subscribing to the “featured or exclusive ad” highlighting options influences the ranking of the Advertisements, with different options allowing you to move up your Advertisement:
These are managed by the client when the ad is put online. The number of featured ads is specified at the time of subscription to the package.
The Ads are classified by locality and on each result page it is possible to filter the classification according to different criteria:
Type of property
Location
Surface area
Number of rooms
Price
Other criteria
Article 5 – Liability and guarantees
The access of the Advertiser and the User to the Website is conditional upon compliance with these General Conditions of Use. Consequently, the Service Bien et Vous reserves the right to refuse access to the Website, unilaterally and without prior notice, to any Advertiser or User who does not comply with these Terms of Use.
5.1 Advertiser’s responsibility
The Advertiser warrants that he/she holds all rights (including intellectual property rights) or has obtained all authorisations necessary for the publication of his/her Ad.
The Advertiser guarantees that the Ad does not contravene any regulation in force (in particular relating to advertising, competition, sales promotion, use of the French language, use of personal data, prohibition of the marketing of certain goods or services), nor any third party right (in particular intellectual property rights and personality rights) and that it does not contain any message that is defamatory or harmful to third parties.
The Advertiser is solely responsible for his use of the Bien et Vous Service, its content and data, whether by himself or by a third party from his Pro Account.
Thus, the Advertiser undertakes in particular to ensure that the Ad does not contain
no hypertext link redirecting Users to websites operated by any third party to Autosytrem,
no false or misleading information or information likely to mislead Users, and undertakes to ensure that this information is regularly updated to remain accurate,
no defamatory mention or mention of a nature to harm the interests and/or image of You and Bien or any third party,
no content that infringes the intellectual property rights of third parties,
no promotional or advertising content related to the Advertiser’s activity. Indeed, an Ad is intended to promote a good and is not an advertising medium.
The Advertiser undertakes not to use the Well and You Service in a way that could be prejudicial to third parties or to Autosytem.
The Advertiser undertakes to only offer in the Advertisements available properties that he has. The Advertiser undertakes, in the event of the property being unavailable, to withdraw the Advertisement from the “Bien et Vous” Service as soon as possible.
The Advertiser declares that he/she is aware of the extent to which the Website is distributed and that he/she has taken all precautions to comply with the legislation in force in the places where the Ad is received and releases Autosystem and Bien Et Vous from any liability in this respect.
In this context, the Advertiser declares and acknowledges that he/she is solely responsible for the content of the Advertisements that he/she publishes and makes accessible to the Users, as well as for any document or information that he/she transmits to the Users.
The Advertiser assumes full editorial responsibility for the content of the Advertisements he publishes.
Consequently, the Advertiser releases Autosystem and the Bien et Vous service, its subcontractors and suppliers, from all liability, and guarantees them against any recourse or action in relation to the Advertisement that may be brought against them by any third party, and will bear all damages, costs and expenses which they may be ordered to pay or which may be provided for in a settlement agreement signed by them with this third party, notwithstanding any damages which Autosystem and the Well and You service, its subcontractors and suppliers may claim as a result of the Advertiser’s damaging actions
By placing any Advert, each Advertiser acknowledges and accepts that Autosystem and the service Bien et Vous may delete or refuse, at any time, without compensation or right to reimbursement of the sums incurred by the Advertiser for the purpose of placing the Advert, an Advert that is contrary to French law, the GTC or the rules for the dissemination of the Bien et Vous service set by Autosytem and accessible here and/or that may infringe the rights of third parties.
The Advertiser also undertakes to ensure that his Account does not contain :
no false and/or misleading information,
no information infringing the rights of a third party.
In this context, the holder declares and acknowledges that he/she alone is responsible for the information provided when creating his/her Account.
By creating an Account, each account holder acknowledges and accepts that Autosystem and the Bien et Vous service may delete, at any time, without compensation or right to reimbursement of the sums incurred by the Advertiser, an Account that is contrary to French law, the GTC and/or the rules of distribution laid down by Autosystem and the Bien et Vous service and accessible here.
The Advertiser acknowledges and accepts that Autosystem and the Bien et Vous service may ask him/her for any document enabling it to verify the quality of the information provided at the time of creating his/her Account and the possession of the rights and/or authorisations necessary for the publication of his/her Ad.
In the event that the requested documents are not provided, Autosystem and the Well and You service has the right to delete or refuse an Account or an Advert at any time, without compensation or the right to reimbursement of the sums incurred by the Advertiser for the purposes of submitting it.
5.2 Responsibility of the User
The User is solely responsible for the use of the Service Bien et Vous, its contents and data, made by him or by a third party from his User Account, if applicable.
The User agrees not to use the Bien et Vous Service in a way that could harm third parties or Bien et Vous, in particular by making a manifestly excessive number of requests that could alter the proper functioning of its technical infrastructure or by contacting Advertisers for a purpose other than obtaining information on the property that is the subject of the Ad, such as building up a customer database.
The User also undertakes to ensure that his User Account does not contain
no false and/or misleading information,
no information infringing the rights of a third party.
In this context, the holder declares and acknowledges that he/she is solely responsible for the information provided when creating his/her User Account.
By creating a User Account, each account holder acknowledges and accepts that Bien et Vous can delete, at any time, without compensation, an account that would be contrary to French law, or to the GCU.
5.3 Responsibility of Bien et Vous
In its capacity as host, Bien et Vous is subject to a reduced liability regime as provided for in articles 6.I.2. and following of the law nº2004-575 of 21 June 2004 for confidence in the digital economy.
Bien et Vous shall therefore in no way be held responsible for the content of the Advertisements published by the Advertisers and gives no guarantee, express or implied, in this respect.
Bien et Vous is a third party to the correspondence and relations between the Advertisers and the Users, and therefore excludes any liability in this respect.
The content on the theme of real estate as well as additional information on real estate (locality of the property, key figures, travel time, etc.) as specified in article 3.2.1 are made available by Bien et Vous for information purposes only. Bien et Vous shall in no way be held responsible for the inaccuracy of this data and gives no guarantee, express or implied, as to its truthfulness or accuracy.
Bien et Vous undertakes to use all necessary means to ensure the best possible provision of the Bien et Vous Service to Users and Advertisers.
However, Bien et Vous declines all responsibility in the event of
interruptions, breakdowns, modifications and malfunctions of the Bien et Vous service, whatever the communication medium used and whatever the origin,
the loss of data or information stored by Bien et Vous. It is the responsibility of Advertisers to take all necessary precautions to preserve the Ads they publish via the Bien et Vous Service,
Temporary impossibility of access to the Bien et Vous Service due to technical problems, whatever the origin and source,
direct or indirect damage caused to the User or Advertiser, whatever its nature, resulting from the content of the Advertisements and/or access, management, use, operation, malfunction and/or interruption of the Bien et Vous Service,
abnormal use or illicit exploitation of the Well and You Service by any User or Advertiser,
attack or hacking, deprivation, deletion or prohibition, temporary or permanent, and for any reason whatsoever, of access to the Internet.
Bien et Vous can only be held liable for direct damage suffered by the Advertiser and the User, resulting from a breach of its contractual obligations as defined herein. The User – Advertiser therefore waives the right to claim compensation from Bien et Vous for any indirect damage such as loss of profit, loss of opportunity, commercial or financial loss, increase in overheads or losses originating from or resulting from the performance of these terms.
All Users and Advertisers are solely responsible for any damage caused to third parties and the consequences of any claims or actions that may arise from this. The User also waives all recourse against Bien et Vous in the event of legal action taken by a third party against him/her due to the use and/or illicit exploitation of the Bien et Vous Service, in the event of loss by a User or Advertiser of his/her password or in the event of usurpation of his/her identity.
Article 6 – Intellectual property
6.1 All intellectual property rights (such as copyright, neighbouring rights, trademark rights, database producers’ rights) relating to both the structure and content of the Website and in particular the images, sounds, videos, photographs, logos, trademarks, graphic elements, texts, visuals, tools, software, documents, data, etc. (hereinafter referred to as “the Website”) are protected by copyright. (hereinafter referred to as “Elements”) are reserved. These Elements are the property of Bien et Vous. These Elements are made available to Users and Advertisers, free of charge, for the sole purpose of using the Bien et Vous Service and in the context of normal use of its features. Users and Advertisers undertake not to modify the Elements in any way.
Any use of the Elements of the Website that is not expressly authorised constitutes an infringement of copyright and counterfeiting. It may also lead to a violation of image rights, personal rights or any other rights and regulations in force. It may therefore engage the civil and/or criminal liability of its author.
6.2 It is forbidden for any User and Advertiser to copy, modify, create a derivative work, reverse engineer or assemble or in any other way attempt to find the source code, sell, assign, sub-license or transfer in any way whatsoever any right relating to the Elements.
All Users and Advertisers of the Well and You Service undertake in particular not to
use or interrogate the You and the Good Service on behalf of or for the benefit of others;
extract, for commercial purposes or not, all or part of the information or Advertisements present on the Well and You Service and on the Website;
reproduce on any other medium, for commercial or non-commercial purposes, all or part of the information or Advertisements present on the Well and You Service and on the Website allowing the reconstruction of all or part of the original files;
use a robot, in particular a spider, a search or retrieval application for websites or any other means to retrieve or index all or part of the content of the Website, except in the case of express prior authorisation from Bien et Vous;
copy the information onto media of any kind that can be used to reconstitute all or part of the original files.
Any reproduction, representation, publication, transmission, use, modification or extraction of all or part of the Elements in any way whatsoever, without the prior written authorisation of Bien et Vous is illegal. These illicit acts engage the responsibility of their authors and are likely to lead to legal proceedings against them, particularly for counterfeiting.
6.3 The trademarks and logos of Bien et Vous and Bien et Vous.com, as well as the trademarks and logos of Bien et Vous’s partners are registered trademarks. Any total or partial reproduction of these brands and/or logos without the prior written authorisation of Bien et Vous is prohibited.
6.4 Bien et Vous is the producer of the Bien et Vous Service databases. Consequently, any extraction and/or re-use of the database(s) within the meaning of articles L 342-1 and L 342-2 of the Intellectual Property Code is prohibited.
6.5 Bien et Vous reserves the right to take legal action against any person who does not comply with the prohibitions contained in this article.
6.6 Hypertext links
6.6.1 Links from the Well and You Service
The Well and You Service may contain hypertext links to sites operated by third parties. These links are provided for information purposes only.
Bien et Vous has no control over these sites and declines all responsibility for access, content or use of these sites, as well as any damage that may result from consulting the information on these sites.
The decision to activate these links is the full and entire responsibility of the User and the Advertiser.
6.6.2. Links to the Well and You Service
No hypertext link may be created to the Well and You Service without the prior and express agreement of Well and You.
If a User or a legal entity wishes to create a hypertext link from its site to the Bien et Vous Service, whatever the medium, it must first contact Bien et Vous by sending an email to the following address: contact@bienetvous.com.
Any silence from Bien et Vous shall be interpreted as a refusal.
6.7 The content of the Advertisements placed belongs to the Advertisers, nevertheless, by placing Advertisements on the Website, the Advertiser grants :
– Bien et Vous the non-exclusive, transferable, sub-licensable right to use, free of charge, for the whole world, (i) all the content of the Advertisements and in particular the photographs, texts, videos, illustrations, brands, logos, titles (hereafter the “Content”), as and when they are published on the Site, as well as (ii) a licence on all intellectual property rights relating to the Content and in particular on the copyrights on the elements used in the Ad, such as photographs, texts, videos, drawings, illustrations and sound elements, for the entire legal duration of its intellectual property rights and for the entire world.
The rights thus granted include the right to reproduce, represent, distribute, adapt, modify, create a derivative work, translate all or part of the Content by any process, in any form whatsoever and on any medium (digital, print…) known or unknown to date, within the framework of the Bien et Vous Service or in relation to the activity of Bien et Vous, for commercial or non-commercial purposes and in particular for advertising purposes, as well as within the framework of distribution on the social networks on which Bien et Vous is present, and in particular on the pages of Facebook, Instagram and Twitter.
In particular, the photographs of the Advertisements may be reproduced and integrated into advertising formats broadcast on the Website, solely in connection with the Advertisement submitted.
The Advertiser gives his consent to the use of his Ad and the Content of the latter on social networks, in particular Facebook, Instagram and Twitter. Consequently, the Advertiser certifies that he/she has read the general terms of use of the Facebook, Instagram and Twitter sites and accepts their terms, particularly with regard to the re-use of Content and personal data.
Under this license, Bien et Vous, without this creating an obligation to act, is entitled to oppose the reproduction and exploitation by unauthorized third parties of the Ads posted on the Website and their Content.
– Users, the non-exclusive right to access the Content via the Well and You Service and to use and represent the Content to the extent permitted by the functionalities of the Well and You Service, and this for the whole world.
Article 7 – Personal data
As part of the provision of the Wealthy & You Service, Wealthy & You uses the personal data of Users and Advertisers. Thus, by using the Wealthy & You Service, the User and the Advertiser accept the Privacy Policy and the Cookies Policy of Wealthy & You.
Article 8 – Modification of the Bien et Vous Service and the GTC
8.1 Bien et Vous reserves the right, at any time, to modify or interrupt the accessibility of all or part of the Bien et Vous Service and/or the Website.
8.2 Bien et Vous reserves the right to modify, at any time, all or part of the GCU and the rules of distribution. Users and Advertisers are invited to consult the GTC regularly in order to take note of any changes made. Use of the Website by Users and Advertisers constitutes acceptance by them of the changes made to the GTC.
Article 9 – Miscellaneous provisions
9.1 If any part of the TOU is found to be illegal, invalid or unenforceable, for any reason whatsoever, the provisions in question shall be deemed to be unwritten, without affecting the validity of the other provisions which shall continue to apply between Users or Advertisers and You and Bien.
9.2 These GTC are exclusively governed by French law.
In the event of a dispute with an Advertiser relating to the validity, execution, interpretation or formation of these GCU, only the courts of Paris shall have jurisdiction.