General Conditions of Sale and Subscription Monbien.fr
1: Acceptance of these general conditions of sale (GTC) and subscription conditions
1b: The subscriber of an online subscription to one of the formulas for distributing real estate advertisements on the monbien.fr website or its mobile version m.monbien.fr undertakes to read and accept without reservation the general conditions of sale (GTC) of the company MONBIEN FR (RCS Mulhouse 820 263 390 00016) designated as "MONBIEN".
1b: Only natural or legal persons having their registered office in France (excluding DOM TOM or Monaco), having a SIRET number and legal authorizations to broadcast advertisements on a professional basis are authorized to subscribe to an advertisement broadcast in line. We will distinguish the latter in the present as "Professional Advertiser" in distinction to natural persons, aged over 18 and domiciled in France (excluding DOM TOM and Monaco), authorized to file in their own name and in a particular capacity a real estate advertisement referred to as "Individual Advertiser".
1c: The Professional Advertiser declares to subscribe to a formula for the distribution of his advertisements in the direct context of his professional activity and acknowledges acting as a professional as defined by the Consumer Code.
1d: The Individual Advertiser declares to act in his own name or by delegation of power linked to a power of attorney in accordance with the legislation or as the designated representative of an SCI and undertakes that the formula subscribed and the distribution of his advertisements have no commercial character. If this were to be the case, he will have to opt for a formula reserved and adapted to professionals and act as a Professional Advertiser.
1e: The marketing by MONBIEN constitutes a service of sale of advertising space except for special provisions contractualized in writing. MONBIEN cannot, in any way, guarantee the results, in particular commercial, expected by the Advertiser, Professional or Individual, from the distribution of its advertisements and the choice of formula made.
1f: The Advertiser wishing to subscribe to an online ad distribution offer has three levels of marketing corresponding to: “Formula ECO”, “Formula COMFORT” or “Formula LUXE”. To complete his subscription, the Advertiser must:
- Join the site www.monbien.fr, or m.monbien.fr (reserved for private advertisers) and go to the "post an ad" section available from the home page or from your account. The process involves:
- Create an account corresponding to its category (professional or private advertiser)
- Completely fill out the contact details form
- Write and submit your ad
- Accept the general conditions of diffusion
- Choose the subscription formula that suits him: ECO, COMFORT or LUXE
- Validate the order and the T&Cs,
- Fill in your bank details and validate your payment online via the secure PAYPAL page (transaction totally secured by the SSL protocol)
1g: The T&Cs apply to any monbien.fr or m.monbien.fr distribution formula subsequently subscribed to by the Individual Advertiser or the Professional Advertiser, by any means whatsoever.
1h: The Advertiser, whoever he may be, may under no circumstances market the advertising space sold to him by MONBIEN or grant a third party a sub-license of the Offer granted to him. Only MONBIEN's contractual partner advertising agencies have this privilege.
1i: In the event of non-compliance with a provision of the GCS, the duration of MONBIEN's reaction cannot be interpreted as a waiver to assert its right and to do so later.
1j: The invalidation of one or more stipulations of the GCS by final decision of a competent court in application of a law or regulation will not cancel or reduce the scope and force of the other stipulations.
2. Methods of displaying advertisements on MONBIEN sites and applications
Please refer to the general distribution conditions available on the monbien.fr homepage.
3 Duration and methods of termination
3a: The MONBIEN formulas, whatever they are, are subscribed for a distribution period of one month. They are tacitly renewed on expiry. Professional advertisers who have opted for annual payment benefit from a one-year broadcasting period with tacit renewal. When subscribing to a monbien.fr formula, MONBIEN will make every effort to put the advertisement concerned online within the following forty-eight (48) working hours. Any month started is due. Thus, requests for cancellation, refunds and termination of a subscribed monbien.fr formula must be duly made before the 1st day of a new one-month period. If this is not the case, this request can only be effective at the end of the month started and no pro rata will be applied to invoicing. The same will apply for a change of formula during the month or year, the change can be immediate with a new regulation for the new formula chosen, without pro rata of the previous formula.
3b: Only the failure by one of the parties to one or more of the stipulations of these GCS allows the automatic termination of the contracted monbien.fr formula. This is exercised by recorded delivery and after 5 days' notice. This termination does not prejudge any damages.
3c: In the event of early termination by the advertiser (individual or professional) of a monbien.fr formula which is not justified by a failure on the part of MONBIEN in the performance of its contractual obligations, the latter cannot claim any reimbursement, indemnity or compensation of any nature whatsoever.
3d: In the event of a breach by the Individual Advertiser or the Professional Advertiser of one of its contractual obligations, MONBIEN would be obliged to terminate the subscribed formula. This termination would be considered as anticipated and on the initiative of the Individual Advertiser or the Professional Advertiser, cannot give rise to any refund, indemnity or compensation of any kind whatsoever.
4 Pricing conditions applicable to Individual Advertisers (as of May 9, 2016)
4a: The billing of the ECO, COMFORT or LUXE formulas of monbien.fr is based on the following prices (The prices displayed are expressed inclusive of all taxes, at the rate in force on the date of subscription):
- ECO formula: Free during the launch period and for the duration that MONBIEN deems appropriate, this may become chargeable without any particular notice. MONBIEN undertakes to inform the Individual Advertiser if this occurs by automatic email. The Individual Advertiser acknowledges having full knowledge of this provision and of the possibility which will be offered to him to terminate his subscription and in fact the formula concerned without any cost on either side and to subscribe to a new one in ECO mode and at paid present.
- COMFORT formula: Monthly subscription set at €4.90 including tax
- LUXE formula: Monthly subscription set at €9.90 including tax
4b: MONBIEN considers as valid the discounts granted in application of the tariffs in force as long as the conditions initially contracted remain unchanged during the period of validity of the formula subscribed. If the Individual Advertiser, for any reason whatsoever, modifies these conditions, MONBIEN reserves the right to cancel the price reductions initially granted to return to the normally applicable price list.
4c: MONBIEN reserves the right to refuse any new order requested by an Individual Advertiser who has reported himself in the past during a commercial relationship with MONBIEN by non-compliance with the GCS or the general conditions of distribution.
5 Pricing conditions applicable to Professional Advertisers (as of May 9, 2016)
The invoicing of the ECO, COMFORT or LUXE formulas of monbien.fr is carried out on the basis of the following rates:
- ECO formula: Free during the launch period and for the duration that MONBIEN deems appropriate, this may become chargeable without any particular notice. MONBIEN undertakes to inform the Professional Advertiser if this occurs by automatic email. The Professional Advertiser acknowledges having full knowledge of this provision and of the possibility which will be offered to him to terminate his subscription and in fact the formula concerned without any cost on either side and to subscribe to a new one in ECO mode and at paid present.
- COMFORT formula: monthly subscription at €9.90 excl. VAT / annual subscription at €99 excl. VAT
- LUXE formula: monthly subscription at €19.90 excl. VAT / annual subscription at €199 excl. VAT
These prices, expressed excluding taxes, will be increased by the legally due amount of VAT and/or any other taxes payable by the Professional Advertiser, at the rate in force on the date of subscription of the formula concerned.
5b: MONBIEN considers as valid the discounts granted in application of the tariffs in force as long as the conditions initially contracted remain unchanged during the period of validity of the formula subscribed. If the Professional Advertiser, for any reason whatsoever, modifies these conditions, MONBIEN reserves the right to cancel the price reductions initially granted to return to the normally applicable price list.
5c: MONBIEN reserves the right to refuse any order placed by a Professional Advertiser who has not complied with the GCS or the general conditions of distribution during a previous commercial relationship with MONBIEN.
6 Methods of payment of invoicing
6a: The subscription of a monbien.fr formula (ECO, COMFORT or LUXE) must imperatively be paid by the advertiser as soon as the order is taken by credit card (Visa, MasterCard, Carte Bleue, issued in France) directly on the site monbien.fr or that of its PAYPAL partner. The payment will be effective after the twenty-four hours (24h) necessary to verify the eligibility of the Individual Advertiser or the Professional Advertiser, under the conditions of MONBIEN. The Individual Advertiser or the Professional Advertiser guarantees to MONBIEN the total legality of the means of payment used. His bank details are not kept by MONBIEN but they are on the secure servers of the payment provider PAYPAL. MONBIEN only keeps the data relating to the information of the Advertisers (individual or professional) necessary for the edition of the invoice(s). This (these) is (are) available for consultation on the private space of the Advertiser's account (individual or professional) which allowed him to contract his formula and place his ad online.
6b: Advance payment does not give rise to a particular discount.
6c: MONBIEN reserves the right in the event of non-payment, or payment problem proven by the advertiser (individual or professional):
- Suspend the publication of the Advertiser's advertisements after having previously notified it in writing, and/or refuse any renewal of the monbien.fr formula (ECO, COMFORT or LUXE).
7 Scope and Limits of Liability
7a: Neither the Advertiser (professional or individual) on the one hand, nor MONBIEN on the other hand, can be held responsible for any delay, non-performance or other breaches of their obligations which would result, directly or indirectly, from an event beyond their reasonable control and could not have been avoided by commercially reasonable precautions, workarounds or other means.
7b: In accordance with the provisions of the Civil Code, MONBIEN undertakes to implement all means for the execution of the ECO, COMFORT or LUXE formulas. Under no circumstances is MONBIEN bound by an obligation of results and cannot be held responsible for indirect or indirect damage of any kind (commercial damage, loss of customers, loss of orders, reduction or loss of income, loss of profits, loss of contracts, loss of business or loss of expected savings, lack of commercial benefits, any commercial disturbance, loss or reduction of profit, damage to brand image or action directed by a third party) which could affect the Advertiser private or professional. This including in the event that this damage would have been foreseeable at the time of subscription to the MONBIEN offer.
7c: MONBIEN reserves the right to suspend or stop all or part of monbien.fr or its mobile version m.monbien.fr or marketed products, without being required to pay the Individual Advertiser or the Professional Advertiser any compensation. Any service not performed is reimbursed to the Individual Advertiser or the Professional Advertiser.
7d: The Individual Advertiser or the Professional Advertiser must report to MONBIEN any technical problems of any kind that could affect the proper performance of the services provided for in the contract. In terms of invoicing, the admissibility of a complaint or dispute requires it to be sent in writing to MONBIEN within 8 working days from the scheduled date of completion of the service. The Individual or Professional Advertiser undertakes to comply with the legislation in force with regard to real estate advertisements and releases MONBIEN from all responsibilities in this regard. He also acknowledges having read the distribution scope of the monbien.fr site as well as that of its mobile version m.monbien.fr.
7th: For statistical purposes or to respond to any request from the public authorities, the Individual Advertiser or the Professional Advertiser authorizes the archiving by the access providers of the data collected or collected on the monbien.fr or m.monbien site .Fr.
MONBIEN cannot guarantee to the Individual Advertiser or the Professional Advertiser:
- the quality or suitability for a particular use, nor the absence of computer viruses that could be introduced by a third party,
- the continuity of the web services and/or relating to the mobile version in the event of interruption or malfunction of the Internet network or the mobile connection of the Advertiser (professional or individual) or in the event of incompatibility of its software or hardware computers or in the event of inappropriate handling on their part.
7f: MONBIEN cannot be held responsible for delays or the impossibility of honoring its contractual obligations in the following cases:
- force majeure as defined in article 8 hereof,
- interruption of the connection to the monbien.fr site and/or its mobile version m.monbien.fr for technical reasons related to the maintenance or updating of publications,
- temporary interruption of access to the monbien.fr website and/or its mobile version m.monbien.fr linked to technical problems, whatever their nature or origin,
- computer attack or hacking, deprivation, deletion or prohibition, temporary or permanent and for any reason whatsoever, of access to the Internet network.
7g: Given the current technical constraints and limits and in the absence of guarantees from internet operators, MONBIEN cannot guarantee the permanent availability of monbien.fr or its mobile version m.monbien.fr. Advertisers (individuals or professionals) acknowledge this fact and waive any legal action in this regard. The liability of the contractually bound parties with respect to each other is limited to the amount paid or owed by the Advertiser (individual or professional) to MONBIEN under the monbien.fr formula subscribed. Payment obligations are full and complete.
8 Case of Force Majeure
8a: MONBIEN cannot be held liable for breach of its contractual obligations when these result, directly or indirectly, from cases of force majeure as defined by the Civil Code (article 1148) or within the meaning of French case law: fires, floods, strikes in public transport, electricity services lasting more than 48 hours or staff, lockouts, epidemics, computer hacking, intervention by a legal, judicial or administrative authority or any other event outside its reasonable control.
8b: The suspension of the dissemination of advertisements linked to a case of force majeure does not give rise to any form of compensation for the Advertiser (individual or professional). MONBIEN will notify the Advertiser (individual or professional) as soon as possible of the occurrence of a case of force majeure in writing (email or sms). If this leads to an interruption of the service for more than fifteen (15) days, either party may automatically and with immediate effect terminate the formula taken out with MONBIEN.
9 Files, right to consultation and rectification
The information provided by the Advertiser (individual or professional) necessary for the execution of the present stipulations will be subject to computerized processing in the files of MONBIEN. In accordance with the legal provisions in force (data-processing law and Freedoms of January 6, 1978 modified) the Advertiser (individual or professional) has a right of access and rectification of the information concerning him. It is up to him to approach the commercial department of MONBIEN. He may, with this service, expressly oppose any processing or transmission to third parties for commercial purposes of this personal information.
10 Intellectual property and image rights
10a: The Advertiser (individual or professional), in accordance with image rights and the rights of third parties, declares to have all the rights necessary for the distribution of the photographs. This obligation of rights extends to the owners of the goods photographed or to the architects under the literary and artistic property of these goods. The Advertiser (individual or professional) guarantees MONBIEN for each of the photographs linked to its advertisement against any recourse, claim, eviction or claim from anyone and in any capacity whatsoever.
The Advertiser (individual or professional) therefore declares and guarantees to MONBIEN that he has obtained all the necessary authorizations for the distribution of the photographs on all types of support and this for the entire duration of publication.
10b: The MONBIEN company retains ownership of the monbien.fr site or its mobile version m.monbien.fr as well as the intellectual property rights related thereto. The advertiser (individual or professional) cannot claim any of these rights. The reproduction of elements of the monbien.fr or m.monbien.fr site is therefore strictly prohibited without the prior written consent of MONBIEN. The Advertiser (individual or professional) will be solely and totally responsible for any infringement of the property rights of MONBIEN.
10c: The Advertiser (individual or professional) authorizes MONBIEN to make the adaptations and modifications necessary for its development or the evolution of its graphic charter and/or its navigation bar.
10d: The Advertiser (professional or individual) authorizes MONBIEN to use the advertising distribution contract subscribed to in all of its communication media, on any document addressed to its customers or for prospecting purposes. Similarly, MONBIEN is authorized to reproduce the trademarks, logos, domain names or other distinctive signs of the Advertiser (professional or private) on all of its media and documents.
11. Designation of jurisdiction and applicable law
The parties undertake to seek an amicable settlement of any dispute resulting from the interpretation, acceptance and execution of the GCS or the general conditions of distribution and this regardless of the place of subscription, or of settlement.
IF WITHIN ONE MONTH (1 MONTH) FROM THE WRITTEN NOTIFICATION OF THE DISPUTE, THE PARTIES HAVE NOT MANAGED TO SETTLEMENT THE DISPUTE, THE COURTS OF MULHOUSE WILL HAVE SOLE COMPETENCE FOR EMERGENCY OR PRESERVATIVE PROCEDURES, IN REFERENCE OR BY REQUEST AND FRENCH LAW WILL APPLY. CE, EVEN IN THE EVENT OF APPEAL IN WARRANTY OR OF MULTIPLE DEFENDANTS.
12 Divers – prescription
12a: The stipulations of these T&Cs can in no way be interpreted as creating any company, joint venture or any proxy/mandate relationship. There can be no notion of representation or substitution. The parties are therefore neither entitled nor authorized to contract for the other or to create any liability by any means and for any reason whatsoever at the expense of the other. Any notification must be sent to the addresses duly indicated when subscribing to the formula on monbien.fr. unless otherwise specified and accepted by the parties.
12b: In accordance with the provisions of article 2254 of the Civil Code, the duration of the prescription is extended to 10 years. MONBIEN and the Advertiser (individual or professional) agree that this prescription can be interrupted by follow-up letter in AR.
13 Service client
MONBIEN Customer Service is available to its customers for any information or complaint from Monday to Friday from 9:00 a.m. to 12:00 p.m. and from 2:00 p.m. to 5:00 p.m. on 03 89 320 300 (normal rate depending on your operator).