General Conditions of Sale for orders placed from the Lecoingolf.fr website (Pro and Boost announcement) 25/04/2020

Definitions

Each of the terms mentioned below will have the following meaning in these General Conditions of Sale of the LECOINGOLF Service (hereinafter referred to as the "GTC"):

Announcement : designates all the elements and data (visual, textual, sound, photographs, drawings), deposited by an Advertiser under his exclusive editorial responsibility, with a view to buying, renting or selling a good or a service and disseminated on the Website. An Announcement must contain a maximum of 10 characters.

Advertiser: means any professional established in France and in Europe (including the overseas departments, having certified Pro LECOINGOLF and using the LECOINGOLF Service to post from the Website, as part of his professional activity, Advertisements in the categories offered by LECOINGOLF

Ordered : any purchase made by an Advertiser from his Account for the purposes of inserting an Advert, subscribing to Paid Option (s) for one or more Advert (s) and / or crediting his Pro Account for the payment of the insertion fees or Paid Option (s) under the conditions set out in article 4 of these GTC.

Pro: designates the dedicated space accessible from the Website that the Advertiser wishing to use the LECOINGOLF Service must create and from which the Advertiser posts his Advertisements, views his Advertisements being broadcast and places the Orders as described in the article 4 of these GTC.

LCG FRANCE: refers to the company which publishes and operates the Website, LCG FRANCE the head office is located at 18 Rue Lagache 75017 Paris.

Customer service : means the LCG FRANCE service from which the Advertiser can obtain any additional information. This service can be contacted by e-mail: [email protected]

LECOINGOLF Service: refers to the LECOINGOLF services made available to Users and Advertisers from the Website.

Website : means the Website operated by LCG FRANCE accessible mainly from the URL www.lecoingolf.fr and allowing the Advertiser to access the lecoingolf Service via the internet

User : means any visitor, having access to the LECOINGOLF Service via the Website

1. Object

These T & Cs establish the contractual conditions exclusively applicable to Orders placed by an Advertiser from the Website.

2. Acceptance

Any Order by the Advertiser requires the acceptance (opt-in) of these GTCS and its waiver of its own general purchasing conditions.

Any contrary condition opposed by the Advertiser will therefore be, in the absence of express acceptance, unenforceable against LCG FRANCE, regardless of when it may have been brought to its attention.

The fact that LCG FRANCE does not avail itself at a given time of any one of these general conditions of sale cannot be interpreted as a waiver of the right to avail itself subsequently of any of the aforesaid conditions.

3. Conditions of use of the LECOINGOLF Service by the Advertiser

 

3.1 Rules for the distribution of Ads

The Advertiser undertakes to disseminate Ads only in his name and for his own account. Thus, except with the prior and express agreement of LCG FRANCE, the Advertiser cannot use the LECOINGOLF Service to distribute Advertisements in the name and / or on behalf of a third party.

LCG FRANCE reserves the right to:

  • Delete any Ad broadcast by the Advertiser in the name and / or on behalf of a third party without any reimbursement and / or compensation being claimed by the Advertiser;
  • Remove without notice any Advertisements currently being broadcast by an Advertiser who contravenes this provision without any reimbursement and / or compensation being claimed by the Advertiser;
  • To prohibit the use of the LECOINGOLF Service for the purposes of disseminating an Announcement to the Advertiser who contravenes this provision and without any reimbursement and / or compensation being claimed by the Advertiser.

Without this creating for LCGFRANCE an obligation to verify the content, accuracy or consistency of the Advert, any Advert filed and / or modified by the Advertiser will be checked by LCG FRANCE and its distribution on the Service. LECOINGOLF may be accepted or refused.

LCG FRANCE reserves the right to refuse all or part of an Ad which contravenes the provisions of these GTC, which does not comply with the rules for distributing Advertisements and the rules for distributing the LECOINGOLF Service.

In the event that the Advert contains a photograph, LCG FRANCE reserves the right not to distribute the photograph transmitted by the Advertiser:

  • -if the quality of the latter is insufficient,
  • -if it is contrary to the distribution rules of the LECOINGOLF Service
  • -if the latter does not represent the property object of the Advert and is limited to a representation of the Advertiser's logo and / or commercial visual.

Under no circumstances may an Ad be used to broadcast an advertising message that falls outside the LECOINGOLF charter.

If an Ad is refused, before it is put online, by LGC FRANCE, the Advertiser will not always be informed by email sent to the address indicated when creating the Account and, if applicable, the sums or Credits committed. for the purposes of disseminating the Advert and / or subscribing to Paid Option (s) will be reimbursed to the Advertiser, as follows:

    • transaction paid by bank card: reimbursement by crediting the bank card used for payment.

Such a refusal does not give rise to any right to compensation for the benefit of the Advertiser.

The Advertisements are classified on the LECOINGOLF Service in chronological order, according to the date and time of their posting. Consequently, the Advertiser recognizes and accepts that the presence at the top of the list of his Advert is only temporary.

4. Orders

 

4.1 General rules

The benefit of any Order (Insertion Fee, Paying Option (s),) is personal to the Advertiser that it has made and cannot be assigned or transferred without the agreement of LCG FRANCE. No refund is possible after the start of execution of any order placed.

4.2 Order space

The Advertiser can only place an Order from the Website and under the following conditions:

  • The Advertiser, at theexclusion of the beneficiary from one of the Pack formulas, can place an order directly from the page of his Ad or from his Account.

  • The Advertiser who is the beneficiary of a Pack, regardless of the formula chosen, can only place an Order from his Account.

 4.3 Time of the Order

Insertion Fees: these fees are paid by the Advertiser concerned at the time the Advert is submitted.

Paid Option: Each paid option can be subscribed to when the Advert is submitted, during its distribution, when it is renewed, with the exception, however, of the “Premium Pros Pack” and “Pros Pack” Options which cannot be subscribed only at the time of filing, modification and extension of the Announcement.

Credit Purchase: The Credit Purchase can be made at any time by the Advertiser and only from his Pro Account.

 4.4 Description and prices

 
4.4.1 Insertion costs

The insertion costs are chargeable for the Ads disseminated in the sections “Professional Real Estate”, “Golf Course”, “Professional Equipment” /

The insertion fees are payable by credit card

4.4.2 Paid Options

The price of each paid option varies according to the quality of the Advertiser (professional or private), the type of option, and the category of advertisement deposit selected. The price varies for each option depending on the category of ad deposit selected. The Advertiser acknowledges and accepts that any Advert placed in a category that does not correspond to the product or service offered may be deleted at any time by LCG France without compensation or the right to reimbursement of sums incurred for the purposes of subscribing to Paid options.

It is possible to subscribe to several paid options for the same Ad, simultaneously or not.

With the exception of the paid Options "Raising to the top of the list each day for 7 days" subscribed for a period of seven days, "Raising to the top of the list each day for 1 month" subscribed for a period of 30 consecutive days and "Raising at the top of the list immediately »the other Paid Options are subscribed for the duration of the publication of the Announcement excluding renewal:

The subscription of a Paid Option does not extend the duration of the Advert.

When the Advert is withdrawn early (either because of the Advertiser, or because of LCG FRANCE in particular in the event of non-compliance with these GTC or the Rules of dissemination on the LECOINGOLF Service) or at the end of its duration distribution, the Paying Option ceases to produce its effects. The renewal of an Ad does not extend the duration of the Paid option.

4.4.2.1 Go back to the top of the list every day for 7 days:

The price of each paid option varies depending on the option and the ad submission category selected. Please refer to the price list in article 7 to know the price of each option according to the category of advertisement deposit selected.

This option is payable by credit card.

To subscribe to this option, you must go to your Account to select your Ad or go directly to the page of your Ad

5. Advertiser's commitment and guarantee

 

5.1 The Advertiser certifies that the Advert, whatever its distribution, complies with all the legal and regulatory provisions in force (in particular relating to advertising, competition, sales promotion, the use of the French language, to the use of personal data), respects the provisions of these GTC and the distribution rules of the LECOINGOLF Service and does not infringe the rights of third parties (in particular intellectual property rights and personality rights, etc. ).

The Advertiser guarantees that the content of its Advertisements strictly complies with the legal obligations imposed on its activity.

The Advertiser guarantees LCG FRANCE to be the sole and exclusive author of the text, drawings, photographs etc. composing the Ad. Failing this, he declares that he has all the rights and authorizations necessary for the dissemination of the Advert.

Consequently, any Advert placed and broadcast on the LECOINGOLF Service appears under the exclusive responsibility of the Advertiser.

Consequently, the Advertiser relieves LCG FRANCE, its subcontractors and suppliers, of all responsibilities, guarantees them against all convictions, legal and extrajudicial costs, which would result from any recourse in connection with the Advert, and indemnifies them for any damage. resulting from the violation of this provision.

The Advertiser acknowledges and accepts that LCG FRANCE is entitled to remove, without notice, compensation or the right to reimbursement, any Advert being broadcast which does not comply with the Service's broadcasting rules and / or which is likely to infringe the rights of a third party or contain illegal content.

5.2 The Advertiser undertakes to only offer in the Advertisements available goods which he has and which he owns or, in the particular case, Real Estate products for which he has been entrusted with the marketing. The Advertiser undertakes, in the event of unavailability of the good, to proceed with the withdrawal of the Advert from the LECOINGOLF Service as soon as possible.

5.3 The Advertiser declares that he is aware of the scope of the Website's dissemination, that he has taken all precautions to comply with the legislation in force at the reception locations and that LCG FRANCE is released from all responsibilities in this regard.

5.4 The Advertiser accepts that the data collected or collected on the Website will be kept by the access providers and used for statistical purposes or to respond to specific requests or from public authorities.

5.5 To be admissible, any complaint must state precisely the alleged defect (s) of the Announcement and be sent in writing to LCG FRANCE within eight (8) working days from the date of notification. deposit.

6. Termination

The Account is free and created for an indefinite period, it can be terminated at any time without notice by the Advertiser.

The deletion by an Advertiser of his Account results in the automatic deletion of his Credits remaining to be consumed attached to this account.

7. Price

7.1 The prices are indicated in euros and are expressed inclusive of tax (All taxes included)

7.2 The prices are communicated to the Advertiser on simple request and are available from his Account

The price of the insertion fees, of each paid Option and of the credit offers is that in force on the day of the Order by the Advertiser.

LCG FRANCE reserves the right to modify its prices at any time.

8. Payment Terms

 

8.1 Payment for Ads

Payment for Ads and options will be made before distribution by credit card

No reimbursement is possible after completion of the service.

 

9. Limitation of liability

LCG FRANCE undertakes to implement all the necessary means to ensure the best possible provision of the LECOINGOLF Service that it offers to the Advertiser. Unless otherwise agreed in writing, the service marketed by LCG FRANCE is limited to the dissemination of an Announcement, with subscription of options, on the LECOINGOLF Service, to the exclusion of any other service. LCG FRANCE in no way guarantees the possible results expected by the Advertiser following the dissemination of the Advertisements.

LCG FRANCE cannot be held responsible for the capture of data which would be made without its knowledge, nor for the traceability which would result therefrom.

LCG FRANCE cannot be held responsible for interruptions and modifications to the LECOINGOLF Service. and / or the Website, the Mobile Site and the loss of data or information stored by LCG FRANCE; It is the Advertiser's responsibility to take all necessary precautions to keep the Advertisements they publish on the Website.

LCG FRANCE cannot be held responsible, in particular nor for direct or indirect prejudice or damage, of any nature whatsoever, resulting from the management, use, operation, interruption or malfunction of the Website.

LCG FRANCE,, cannot be held responsible for delays or inability to fulfill their contractual obligations, in the event of:

  • -of force majeure,
  • -interruption of the connection to the Website due to maintenance operations or updating of the information published,
  • - temporary impossibility of access to the Website due to technical problems, whatever the origin,
  • - computer attack or hacking, deprivation, deletion or prohibition, temporary or definitive, and for any reason whatsoever, of access to the Internet network.

The Advertiser further acknowledges that in the current state of technology and in the absence of any guarantee from the telecommunications operators, the permanent availability of the LECOINGOLF Service and in particular of the Website cannot be guaranteed.

Taking into account the technical requirements linked to the architecture of the Website, the location indications and the statistics of visits and pages viewed by visitors to the Website are given for information only. These cannot lead to any recourse or request for compensation of any kind from the Advertiser.

Except fraud or gross negligence, LCG FRANCE, will not be held in any case for compensation, pecuniary or in kind, because of errors or omissions in the composition of an Ad. In particular, such events cannot under any circumstances justify a refusal of payment, even partial, nor give rise to an Ad at LCG FRANCE's expense, or to compensation.

LCG FRANCE reserves the right, subject to a notice of 8 days, to modify, interrupt or stop the accessibility to all or part of the LECOINGOLF Service and / or of the Website, of the Site without being required to pay the Advertiser compensation of any kind. The Advert which, therefore, is not broadcast, is reimbursed to the Advertiser, if applicable.

10. force majeure

Neither the Advertiser, on the one hand, nor LCG FRANCE, its subcontractors or suppliers, on the other hand, can be held responsible for any delay, non-performance or other breach of its obligations resulting from a case of force. major, will be considered as force majeure those usually retained by the jurisprudence of the French Courts and Tribunals as well as total or partial strikes, internal or external to one of the parties, to a supplier or subcontractor, lock-out , blockages of means of transport or supply for any reason whatsoever, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes in the forms of marketing, blocking of means of telecommunications, including networks, and any other case beyond the control of the Advertiser, LCG FRANCE, its subcontractors or suppliers preventing the normal performance of the services.

Each party will notify the other party by registered letter with acknowledgment of receipt of the occurrence of any case of force majeure.

In the presence of a case of force majeure, if the impediment to normally perform the contractual obligation should last more than 1 month, the parties would be released from their reciprocal obligations without any compensation being able to be claimed from the defaulting party. .

11. Intellectual property

11.1 All intellectual property rights (such as in particular copyright, neighboring rights, trademark rights, rights of database producers) relating to both the structure and the content of the Website, the Mobile Site and in particular the images, sounds, videos, photographs, logos, brands, graphics, text, visuals, tools, software, documents, data, etc. (hereinafter referred to as “Elements” as a whole) are reserved. These Elements are the property of LCG FRANCE. These Elements are made available to Advertisers, free of charge, for the sole use of the LECOINGOLF Service and within the framework of normal use of its functions. The Advertisers undertake not to modify the Elements in any way.

Any use not expressly authorized of the Elements of the Website entails a violation of copyright and constitutes an infringement. It may also result in a violation of image rights, human rights or any other rights and regulations in force. It can therefore engage the civil and / or criminal liability of its author.

11.2 Any Advertiser is prohibited from copying, modifying, creating a derivative work, reversing the design or assembly or in any other way attempting to find the source code, sell, assign, sublicense or transfer in any way. all rights relating to the Elements.

Any Advertiser of the LECOINGOLF Service undertakes in particular not to:

  • -Use the LECOINGOLF Service on behalf or for the benefit of others;
  • -Reproduce in quantity, for commercial purposes or not, information or Advertisements present on the LECOINGOLF Service
  • -Integrate all or part of the content of the Website, into a third-party site, for commercial purposes or not;
  • -Use a robot, in particular a crawler (spider), an application for searching or retrieving websites or any other means allowing -Recovering or indexing all or part of the content of the website.
  • -Copy the information on media of any kind allowing to reconstitute all or part of the original files.

Any reproduction, representation, publication, transmission, use or modification, extraction, of all or part of the Elements, in any way whatsoever, without the prior written authorization of LCG FRANCE is illegal. These illicit acts engage the responsibility of its authors and are likely to lead to legal proceedings against them and in particular for counterfeiting.

11.3 The Lecoingolf and Lecoingolf.fr brands and logos as well as the brands and logos of LCG FRANCE partners are registered trademarks. Any total or partial reproduction of these brands and / or logos without the prior written authorization of LCG FRANCE is prohibited.

11.4 LCG FRANCE is the producer of the LECOINGOLF Service databases. Consequently, any extraction and / or reuse of the database (s) within the meaning of Articles L 342-1 and L 342-2 of the Intellectual Property Code is prohibited.

11.5 LCG FRANCE reserves the right to take legal action against persons who have not complied with the prohibitions contained in this article.

12. Modification of the GTC

LCG FRANCE reserves the right, at any time, to modify all or part of the GTCS.

Advertisers are invited to regularly consult the GTC in order to be aware of any changes made.

13. Miscellaneous Provisions

If any part of the GTC should prove to be illegal, invalid or inapplicable, for any reason whatsoever, the provisions in question will be deemed unwritten, without calling into question the validity of the other provisions which will continue to apply between the Advertisers and LCG FRANCE.

It should be noted that this contract and these GTC are subject to the provisions of the law of N ° 2004-575 of June 21, 2004 art 25-II and Ordinance N ° 2005-674 of June 16, 2005 and to articles 1369 -1 to 1369-2 of the Civil Code

14. Subcontracting

LCG FRANCE may freely have recourse to the service providers and / or subcontractors of its choice for the performance of all or part of the services, without having to inform the Advertiser, nor to request its agreement on the identity of these third parties.

15. Attribution of jurisdiction - applicable law

Any dispute falls under the exclusive jurisdiction of the Paris Commercial Court, even in the event of a guarantee appeal or multiple defendants, or in the event of an emergency or protective procedure, in summary proceedings or by request.

These general conditions of use are subject to French law.