Legal Notice

www.richardiere.fr

This website is the property of RICHARDIERE, a simplified joint stock company with capital of 31,950. 000 euros, whose registered office is at 22 rue Georges Picquart – 75117 PARIS, registered in the Paris Trade and Companies Register under no. 682 009 121, holder of the professional card N°CPI 7501 2016 000 005 879 issued by the Paris Île-de-France Chamber of Commerce and Industry, covering the activities of ‘Transaction in real estate and business assets’, ‘Property management’ and ‘Co-ownership trustee’, beneficiary of financial guarantees granted by COMPAGNIE EUROPEENNE DE GARANTIE ET CAUTIONS, 59 avenue Pierre Mendès France – 75013 Paris, and professional civil liability insurance guaranteeing its regulated activities taken out with ZURICH INSURANCE EUROPE AG, whose registered offices are located at 112 avenue de Wagram 75017 PARIS, under number 7400040975, Membership of the ORIAS organisation under number 11. 061.083.

Intracommunity VAT: FR70682009121

Publication manager: Thierry SMADJA

Hosting: OMMA SERVICES, 36 boulevard Kennedy – 69600 OULLINS

Copyright: The Company is the owner or licensee of the intellectual property rights to both the general structure of the Website and its content (texts, slogans, graphics, images, videos, photos and other content). Any representation, reproduction, modification, distortion and/or use of all or part of the Website and/or its content and/or the Services, by any process whatsoever and on any medium whatsoever, without the express prior authorisation of the Company, is prohibited and constitutes an infringement of copyright.

TERMS AND CONDITIONS OF USE

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DEFINITIONS

For the purposes of these General Terms and Conditions, capitalised terms have the following meaning:

« Subsidiaries »: refers to companies belonging to RICHARDIERE within the meaning of Article L 233-1 of the French Commercial Code.

« Server »: means a computer hosting an application service and having a large amount of disk space where files are stored.

« Website Server »: refers to the servers hosting the Website on which the Services made available to the User by the Company are installed and provided.

« Services »: refers to all the services accessible via the Site.

« Site »: refers to the interactive electronic service published and operated by the Company, accessible in particular at www.richardiere.fr,

« Company »: refers to the company RICHARDIERE, publisher and owner of the Internet site.

« User »: refers to any individual who accesses the Internet Site for strictly private use.

ARTICLE 1: ACCEPTANCE OF CONDITIONS – MODIFICATION OF CONDITIONS

At the time of consulting and using the Site, the User acknowledges that he/she has read these general terms and conditions on this screen and expressly declares that he/she accepts them unreservedly.

As these general terms and conditions may be amended from time to time, the applicable terms and conditions are those in force and accessible on the Company’s Website on the date the User accesses the Website.

The User acknowledges that he/she has the necessary skills and resources to access and use the Website, and that he/she has checked that the computer configuration he/she is using does not contain any viruses and is in good working order.

Validations are considered by the User as having the value of an acceptance of the pages browsed, and thus the User acknowledges that he/she has been fully informed of the content of the pages concerned when he/she validates.

ARTICLE 2: ACCESS AND AVAILABILITY OF THE SITE AND SERVICES

The Services are freely accessible online on the Company’s Website.

The Company makes its best efforts to ensure that its Services are available 24 hours a day, 7 days a week, irrespective of maintenance operations on the said Services and/or Servers and/or the Website. In this respect, the Company is bound by an obligation of means.

The Company reserves the right to modify or interrupt, at any time, temporarily or permanently, all or part of the Services and/or the Website without prior notice to Users and without any right to compensation, and the Company may not be held liable for the consequences resulting from such interruptions or modifications.

More generally, the Company reserves the right to make any changes whatsoever to the content of the Site, the information communicated being guaranteed only on the date of updating of the Site mentioned on the home page, after which date the User must ensure that the conditions proposed are maintained.

ARTICLE 3: USER GUARANTEE

By accessing the Company’s Website, the User declares, guarantees and undertakes to:

Access and use the Website and Services in good faith, in accordance with the terms of these General Terms and Conditions and for personal and private use;

Not to use any device whose purpose and/or effect is to affect the proper operation of the Website and/or the Services it contains;

Not to access and/or use the Internet Site and/or the Services provided by the Company on the said Internet Site for illicit purposes and/or with the aim of causing damage to the reputation and image of the Company or, more generally, to infringe the rights, in particular intellectual property rights, of the Company and/or third parties;

Not to reproduce or represent all or part of the Website for private purposes beyond the legal exceptions provided for, in particular by the Intellectual Property Code, or with a view to direct or indirect marketing, in particular to third parties;

Not to contravene the provisions of articles 323-1 to 323-7 of the French Penal Code concerning so-called ‘hacking’ practices;

Not to attempt to access the Site’s databases, in particular for the purpose of using and/or exploiting the electronic and/or postal contact details of other Users of the Website;

In the event of a breach of any of these obligations, and without this list being exhaustive, the User acknowledges and accepts that the Company may unilaterally and without prior notice refuse the User access to all or part of the Website, without prejudice to any action, claim or compensation that the Company may claim from the User as a result of such breaches.

ARTICLE 4: COMPANY GUARANTEE

Through its Website, the Company provides the User with access to a certain amount of information and services.

The information provided on this site is not contractual in nature.

The Company may not be held liable for any direct or indirect damage that may result from accessing or using its Website and/or this information, including inaccessibility, loss of data, deterioration, destruction or viruses that may affect the User’s computer equipment and/or the presence of viruses on the Website.

Although the Company endeavours to provide reliable content on its Website, it does not guarantee that its content is free from inaccuracies or omissions and may not be held liable for errors or omissions or for the unavailability of information and the Service.

The User is fully aware that the Company cannot undertake to ensure that the Website meets his/her particular needs.

ARTICLE 5: LIMITATION OF LIABILITY

The User is solely responsible for his/her use of the Web Site and the Services accessed from the Web Site.

The Company may under no circumstances be held liable in the event of proceedings being brought against a User who is guilty of non-compliant use of the Web Site and/or the Services it provides.

In this respect, the User acknowledges and accepts that he/she will be personally responsible for any claim or proceedings brought against the Company as a result of his/her non-compliant use of the Services and/or the Website.

In any event, the Company shall not be liable:

  • In the event of unavailability of the Services for reasons such as failure of the public electricity network, failure of the cable telecommunications networks, loss of connectivity to the Internet network due to public or private operators, in particular the User, caused in particular by strikes, storms, earthquakes or any other cause having the characteristics of force majeure;
  • In the event of use of the Services by a User under conditions that do not comply with the terms of this Charter;
  • Within the limits of current legislation, for any indirect damage, including in particular loss of profit, data or any other loss of intangible assets, even if the Company has been informed of the potential for such damage, which may arise (i) from the use or inability to use the Services (ii) following access to the said Services by an unauthorised User. The Company may not be held liable for any malfunction of any nature whatsoever relating to the User’s computer equipment or Internet access connection when accessing the Website and, more generally, the Services.

In particular, the Company cannot guarantee the User of the Services against problems of access speed to the Sites and/or the buffering speed of the User’s computer of the videos accessible via the Services that the User may encounter.

ARTICLE 6: HYPERTEXT LINKS

The www.richardiere.fr website contains hypertext links allowing direct access to other content, in particular pages dedicated to property advertisements for sale or rent.

As the Company is unable to monitor this content on an ongoing basis, it cannot be held responsible for the content of these sites for any reason whatsoever and disclaims all liability in the event that this content fails to comply with legal, regulatory or contractual obligations, or if these sites are affected by viruses or any other parasite of a destructive nature.

Under no circumstances may the Company be held liable for any operating, financial or commercial loss or for any loss of programmes or data in the User’s information or other systems.

Users of the Site may not set up a hyperlink to it without the Company’s prior express authorisation.

ARTICLE 7: FORCE MAJEURE

The Company may not be held liable if the performance of one of its obligations is prevented or delayed due to a case of force majeure as defined by article 1218 of the French Civil Code, and in particular natural disasters, pandemics, fire, malfunction or interruption of the telecommunications or electricity networks.

ARTICLE 8: INTELLECTUAL PROPERTY

The Company is the holder or licensee of the intellectual property rights to both the general structure of the Website and its content (texts, slogans, graphics, images, videos, photos and other content).

Any representation, reproduction, modification, distortion and/or use of all or part of the Website and/or its content and/or the Services, by any process whatsoever and on any medium whatsoever, without the express prior authorisation of the Company, is prohibited and constitutes an infringement of copyright.

The trademarks, logos, corporate names, acronyms, commercial names, brand names and/or domain names of the Company, its Subsidiaries and/or its commercial partners mentioned on the Website, enabling access to the Services made available by the Company, constitute distinctive signs that may not be used without the express prior authorisation of their owner.

Any representation and/or reproduction and/or partial or total use of these distinctive signs is therefore prohibited and constitutes trademark infringement.

The software, databases, texts, animated or still images, know-how, drawings, illustrations and any other element making up the Site are the property of RICHARDIERE. The texts, images, logos, photographs, drawings and illustrations reproduced on the Website may not be totally or partially copied, reproduced or transferred.

ARTICLE 9: FEATURES – SERVICES

9-1 PROPERTIES

Users will be able to consult the various properties for rent and for sale marketed by RICHARDIERE via a hypertext link to a partner site for the publication of our properties.

9-2 CONTACTING US

The site offers users the possibility of asking questions by means of a contact form in which they must specify their surname, first name, email address and their question.

The use of this function, which takes the form of sending a query, does not entail any obligation on the part of RICHARDIERE to respond or to contact the user. RICHARDIERE reserves the right not to respond, particularly in the case of commercial canvassing of a natural or legal person.

Likewise, RICHARDIERE is not subject to any time limit for response.

This service does not have a moderation system, so the user must use a clear and respectful discourse towards his advisor. RICHARDIERE reserves the right to suspend, temporarily or permanently, access to the account of users who have violated the provisions of these general conditions of use and the legal provisions in force.

ARTICLE 10 : Personal data – CNIL

RICHARDIERE, in its capacity as data controller, processes personal data in order to manage its relations with its users. This processing is necessary to respond to your various requests and is based on your prior consent. This data will be kept for a period not exceeding 1 year from the last incoming contact from you. It is intended for use by the relevant departments of RICHARDIERE and, more generally, by the EVORIEL Group and, where applicable, its sub-contractors and service providers. The sub-contractors and service providers in question are subject to an obligation of confidentiality and may only use your data in accordance with our contractual provisions and applicable legislation.

The term ‘Personal Data’ refers to all information, whether nominative or not, that directly or indirectly identifies the user.

This may include :

Information that the user has voluntarily provided to RICHARDIERE when using the contact form;

Information that RICHARDIERE may have collected about the user while browsing the RICHARDIERE website.

The term ‘processing’ refers to any operation or set of operations carried out or not using automated processes and applied to data or sets of data of a personal nature.

In accordance with current legislation, users may exercise their rights to access, rectify, delete, limit the processing of, oppose and request the portability of their data. They may also define directives relating to the conservation, deletion and communication of their personal data after their death.

These rights may be exercised either by following the procedure set out in the link https://app.witik.io/fr/form/richardiere/formulaire-rgpd or by sending a letter by post to RICHARDIERE, 22 rue Georges Picquart – 75008 PARIS; accompanied by a copy of an identity document, if one has been previously requested by our services. The User may also submit a complaint to the Commission Nationale de l’Informatique et des Libertés – 3 place de Fontenoy – TSA 80715 – 75334 PARIS Cedex 08.

ARTICLE 11: Applicable law – Jurisdiction – Claims – Mediation

These general terms and conditions are governed by French law. In the absence of an amicable agreement between the parties, any dispute of any nature whatsoever relating to the application of these terms and conditions and to the use and consultation of the Website must be brought before the French courts, which shall have sole jurisdiction.

Any complaint concerning the use of the website www.RICHARDIERE.com should be sent by post to RICHARDIERE, 22 rue Georges Picquart – 75008 PARIS or by e-mail to the following address: satisfaction@evoriel.fr or by telephone on 01.85.55.12.12.

Users may have recourse, free of charge, to a consumer mediator with a view to amicably resolving any dispute they may have with the Company.

Any complaint concerning the use of the Site’s services should be made to the mediator either by e-mail or by post. In accordance with articles L611-1 to L641-1 and R612-1 to R612-2 of the French Consumer Code, RICHARDIERE is subject to the jurisdiction of a consumer mediator for all disputes of a contractual nature.

Name of consumer mediator: MEDIATION – VIVONS MIEUX ENSEMBLE

Address of the mediator: 2 impasse de Beauregard – 54000 NANCY

Website address: www.mediation-vivons-mieux-ensemble.fr

ARTICLE 12: Hosting

The Site is hosted on the servers of OMMA SERVICES, a limited liability company with a capital of 500 euros domiciled at 34 boulevard Kennedy – 69600 OULLINS, registered in the Lyon Trade and Companies Register under number 494 537 400.

ARTICLE 13 : Information concerning the use of cookies   

This charter is an integral part of the Terms and Conditions of Use of the RICHARDIERE website.

The purpose of this Charter is to inform you of the reasons for and conditions of the processing of information relating to your browsing on the Site and the Applications which may be recorded on your terminal in files known as ‘cookies’ or similar tools (for the sake of simplicity we will refer to these cookies and similar tools by the single term ‘Cookies’).

Some of this information from Cookies allows you to be identified and is therefore considered to be Personal Data, while other information does not allow you to be identified and therefore does not constitute Personal Data. Whatever the nature of the cookies, this charter complies with the guidelines of the CNIL – Deliberation No. 2020-091 of 17 September 2020 on the use of cookies and other tracers.

The processing of your personal data from Cookies is carried out in accordance with the applicable regulations, in particular the European Regulation known as the ‘RGPD’ (No. 2016-679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data) and the Law known as the ‘Data Protection Act’ (Law No. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties, as amended, and any regulations that supplement or replace them (hereinafter the ‘Data Protection Regulations’). With regard to the use of this data, the publisher of the site or application is qualified as being responsible for the processing carried out for the Cookies that it deposits itself as well as for the Cookies of third parties who are authorised to do so within the framework of an existing contractual relationship.

The publisher does not sell advertising space on its sites and applications. The publisher therefore has full control over the use of Cookies on its sites and applications.

1) WHAT IS A COOKIE?

A cookie is a text file placed by the servers of the Sites and Applications consulted or by third-party servers, in a dedicated space on the hard disk of your terminal (computer, tablet, mobile phone or any other device optimised for the Internet), when you consult content or use a service. Your web browser records information about your web browsing in these files.

This Cookie file can only be read by its sender, who can use it, during its period of validity, to recognise the terminal concerned each time this terminal accesses digital content containing Cookies from the sender. The Cookie does not identify you personally, but only your terminal’s browser.

In the case of a computer consulted by several people, for example several members of a family using the same browser, the cookie is assigned to the browsing information of all the people who have used the same terminal, without distinguishing between them.

The Cookie thus makes it possible to collect additional, non-directly identifiable information about your behaviour within the Services and Applications.

2) WHO USES COOKIES?

Cookies may be placed by the Publisher, its technical service providers, its partners or third parties. Only the operator of the Cookie, i.e. the legal entity on whose behalf it is issued, whether or not it is the issuer, is responsible for its use and the Data it collects through it.

3) WHY ARE COOKIES USED ON THE PUBLISHER’S SITE AND APPLICATIONS?

Cookies enable the Site and Applications to function efficiently, to remember your preferences and to provide the Publisher and its partners with information for statistical or advertising purposes. You will find below the main purposes of the Cookies issued on behalf of the Publisher and in the settings interface provided for this purpose on the Site and in the Applications.

4) CATEGORIES OF COOKIES USED BY THE PUBLISHER

– Session cookies are strictly necessary for browsing the Sites and Applications. The services requested, such as contact forms, could not be provided without cookies. Session cookies are temporary and expire as soon as you leave the site.

– Browsing cookies: these cookies are necessary for you to browse the Site properly and for the Applications to function properly:

– Adapt the presentation of the Site to the display preferences of your viewing terminal (language used, display resolution, operating system used, etc.)

– Memorize information relating to your login details

– Offer you access to your account or any other reserved space using your login details

– Implement security measures, for example when you are asked to log in again to content or a Service after a certain period of time has elapsed.

Browsing cookies are permanent. They are saved on your hard drive. They expire automatically 13 months after the date of creation.

Statistical cookies for audience measurement: they help to establish statistics on the frequency and use of the various elements making up the Site (sections and content visited, paths), allowing the Publisher in particular to improve the interest and ergonomics of the Services.

Audience measurement cookies are permanent. They are saved on your hard drive. They expire automatically 13 months after the creation date.

Session, navigation and audience measurement cookies are considered by the publisher as strictly necessary for the normal use of the site or application. You are informed that they are saved on your terminal, because the legal basis for the processing is the legitimate interest of the publisher, your consent is therefore not required. You can change this setting at any time by going to the settings interface provided for this purpose.

The publisher does not place cookies that include personal data that can directly identify an individual, such as their name, email address, or telephone number.

5) CONSENT ON COOKIES

Cookies other than Cookies strictly necessary for browsing cannot be saved without your consent. By clicking on the “I accept” icon on the information banner visible when you first connect to the Site and Applications, you communicate your consent to us and we record it.

If you accept via your browser software the saving of Cookies in your terminal, the Cookies integrated into the pages and content that you have consulted may be temporarily stored in a dedicated space on your terminal. They will be readable there only by their issuer.

The agreement that you give is only valid for a period of thirteen (13) months from the first deposit in the equipment of your terminal, following the expression of your consent.

6) EXERCISE YOUR PREFERENCES

You can exercise your preferences

VIA YOUR ONLINE CHOICES:

You can connect to the Youronlinechoices.com website, offered by digital advertising professionals grouped within the European association EDAA (European Digital Advertising Alliance) and managed in France by the Interactive Advertising Bureau France. You will be able to find out which companies are registered on this platform and which offer the possibility of refusing or accepting the Cookies used by these companies to adapt the advertisements likely to be displayed on your terminal: http://www.youronlinechoices.com/fr/controler-ses-cookies/

VIA ABOUTADS:

This site published in English also allows you to express your choice online via the following link: .http://www.aboutads.info/choices/

VIA BROWSER CONFIGURATION:

For the management of Cookies, the configuration of each browser is different. It is described in the browser’s help menu, which will allow you to know how to modify your wishes regarding Cookies:

For Internet Explorer™: https://support.microsoft.com/fr-fr/help/17442/windows-internet-explorer-delete-manage-cookies

For Safari™: https://support.apple.com/fr-fr/guide/safari/sfri11471/mac

For Chrome™: For Firefox™: https://support.mozilla.org/fr/kb/activer-desactiver-cookies-preferences?redirectlocale=fr&redirectslug=Activer+ehttps://support.google.com/chrome/answer/95647?hl=fr&hlrm=en

For Opera™: https://www.accepterlescookies.com/comment-accepter-les-cookies-sur-opera.html

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