General terms of use for Beanstock SAS Services
Last updated: 10/19/2020
Object
The present general terms of sale apply without restriction or reservation to all services offered by the company Beanstock ("BEANSTOCK") through its website accessible at the address: www.beanstock.com (hereinafter referred to as the "Site").
The Site is a platform offering its clients (hereinafter referred to as the "Clients") services (hereinafter referred to as the "Services") described in the article "Description of the Services" of these general terms (hereinafter referred to as the "General Terms").
The present General Terms aim to define the terms and conditions for the use of the Services as well as to define the rights and obligations of the parties in this framework.
They are accessible and printable at any time via a direct link at the bottom of the Site.
The present general terms of sale prevail over any other general or specific conditions not expressly agreed upon by BEANSTOCK.
They may be supplemented, if applicable, by specific terms of use for certain Services, which complement these general terms and, in case of contradiction, prevail over the latter.
Contact
The Site and the Services are operated by the company BEANSTOCK, SAS with variable capital with an initial capital of 5,000 euros, registered with the Créteil Trade and Companies Register under number 883 502 197, with its registered office located at 5 avenue du Général de Gaulle 94610 Saint Mandé.
BEANSTOCK can be contacted at the following details:
Postal address: 5 avenue du Général de Gaulle 94610 Saint Mandé
Phone: 01 82 88 62 46
Email: contact@beanstock.fr
Accessibility
The Site and the Services are accessible to:
any natural person who has full legal capacity to agree to these General Conditions. A natural person who does not have full legal capacity can only access the Site and the Services with the consent of their legal representative;
any legal entity acting through an individual with the required authority or power to contract on behalf of and for the account of the legal entity.
Acceptance of the general terms and conditions
The acceptance of these general conditions is marked by a checkbox in the registration form. This acceptance must be full and complete. Any membership with reservations is considered null and void. The Client who does not accept to be bound by these General Conditions must not access the Site or use the Services.
Registration on the Site
5.1 To use the Services, the Client must:
either fill out the registration form available on the Site;
or be registered with one of the third-party sites indicated on the Site and use its login credentials on that third-party site to register on the Site. In this case, they must provide BEANSTOCK with any additional information requested. The Client expressly authorizes BEANSTOCK to access the data of their account on the relevant third-party site.
The Client must provide all information marked as mandatory. Any incomplete registration will not be validated.
5.2 Registration automatically leads to the opening of an account in the name of the Client (hereinafter referred to as the
Description of Services
Before any online subscription and in particular in accordance with the provisions of Article L111-1 of the Consumer Code, the Client can become acquainted with the Services on the Site.
The Client has access to the following Services, in a form and according to the functionalities and technical means that BEANSTOCK considers most appropriate:
Personalized search for one or more properties available for sale (hereinafter referred to as the "Properties") for the purpose of rental investment according to selection criteria previously defined by the Clients (the "Selection Criteria");
Assistance in preparing the purchase file, from the offer to the signing of the authentic deed of sale of the Property;
Post-acquisition support (renovations, rental setup, etc.).
Property management on behalf of and for the Client (hereinafter referred to as the "Property Management Mandate") of the Property.
Duration of Services
The Services are subscribed for an indefinite duration.
The Client can unsubscribe from the Services at any time by sending a request to BEANSTOCK via email, using the contact details mentioned in the article "Site and Services Operator, contact".
The termination by BEANSTOCK is carried out by sending an email to the Client.
The unsubscription is effective within a maximum period of 7 (seven) days from this request.
This results in the end of the Services, the end of the Rental Management Mandate, and the automatic deletion of the Client's Account.
Proof convention
The Client expressly recognizes and accepts:
That the data collected on the Site and the IT equipment of BEANSTOCK are proof of the reality of the operations carried out in the context of these presents;
That this data constitutes the main mode of proof accepted between the parties, particularly for calculating the amounts due to BEANSTOCK.
Obligations and guarantee of BEANSTOCK
Without prejudice to the other obligations set forth in the Contract, BEANSTOCK agrees to comply with the following obligations:
9.1 BEANSTOCK commits to carrying out all Services taking into account the written and oral recommendations of the Client and systematically ensuring the protection of your interests.
9.2 BEANSTOCK commits to executing the Services with all due care, loyalty, diligence, and the required skills, according to best practices, as well as to providing quality Services in accordance with professional standards, it being specified that BEANSTOCK has only an obligation of means, to the exclusion of any obligation of results, which the Client expressly acknowledges and accepts. In this regard, the Client recognizes that the data that may be transmitted to him by BEANSTOCK in the context of potential investment simulations are only indicative, and BEANSTOCK cannot be held responsible in case of non-fulfillment of the announced data.
9.3 BEANSTOCK commits to regularly conducting checks to verify the operation and accessibility of the Site. In this regard, BEANSTOCK reserves the right to temporarily interrupt access to the Site for maintenance reasons. Likewise, BEANSTOCK cannot be held responsible for temporary difficulties or impossibilities of access to the Site arising from circumstances beyond its control, force majeure, or due to disturbances in telecommunication networks.
9.4 The Client also acknowledges that BEANSTOCK is in no way a party to the sales contract for the Real Estate Goods. Therefore, BEANSTOCK cannot be held responsible for any difficulties that may arise during the conclusion or execution of this contract, nor can it be a party to any disputes between the Client and the seller of the real estate.
9.5 BEANSTOCK also cannot be held responsible for the non-fulfillment or delay in the execution of the Services due to circumstances beyond its control or force majeure, it being expressly noted that the following are considered as force majeure events, in addition to those typically recognized by the case law of French jurisdictions: exceptional weather conditions, epidemics, natural disasters, fires and floods, lightning strikes, attacks, cases of disruption or blockage of telecommunication networks, transport means, or postal services, including due to strikes, damages caused by viruses for which existing security measures on the market do not allow for eradication, as well as any legal or regulatory obligation or public order imposed by the competent authorities that would substantially modify these General Conditions.
9.6 In any case, the liability that may be incurred by BEANSTOCK under these terms is expressly limited to direct and proven damages suffered by the Client.
Client's obligations
Without prejudice to other obligations provided for in the Contract, the Client agrees to comply with the following obligations:
10.1 The Client agrees to provide BEANSTOCK with all the documents, elements, data, and information necessary for the realization of the Services subject to this contract. More generally, the Client agrees to actively cooperate with BEANSTOCK in order to ensure the proper execution of this contract and to inform it of any difficulties related to this execution.
10.2 The Client agrees to be responsive to the market when a Property corresponds to its Selection Criteria and to take all necessary measures for the smooth progress of the process prior to the purchase of the Property, particularly concerning the signing of the sales agreement and/or the search for a mortgage, if applicable.
10.3 The Client acknowledges having taken note of the characteristics and constraints, including technical ones, of all Services. The Client is solely responsible for their use of the Services.
10.4 The Client agrees to comply with the laws and regulations in force and not to infringe upon the rights of third parties or public order. In this regard, they are solely responsible for the proper completion of all formalities, particularly administrative, tax, and/or social, that are their responsibility. BEANSTOCK's liability cannot be engaged in this regard.
Financial Conditions
11.1 Price
The prices of the Services are indicated on the Site. Unless otherwise stated, they are expressed in Euros and all French taxes included. BEANSTOCK reserves the right, at its sole discretion and according to terms of which it will be the sole judge, to offer promotional offers or price reductions.
11.2 Price Revision
The prices mentioned in the article "Price" may be revised by BEANSTOCK at any time, at its sole discretion. The Client will be informed of these changes by BEANSTOCK by any useful written means (including by email) at least 1 month before the new prices come into effect. These will apply as soon as they come into effect. The Client who does not accept the new prices must stop using the Services. Otherwise, they will be deemed to have accepted the new prices.
11.3 Payment Method
Payment of the price is made by bank transfer.
11.4 Delays and Payment Incidents
The Client is informed and expressly agrees that any delay in payment of any or part of a sum due on its due date will automatically result, without prejudice to the provisions of the articles "penalty for breaches" and upon the first presentation of a formal notice by registered letter with acknowledgment of receipt:
1. the expiration of the due date for all amounts owed by the Client and their immediate enforceability; 2. the immediate suspension of ongoing Services until the full payment of all amounts owed by the Client; 3. the billing to BEANSTOCK of late interest at a rate of 1.5 times (one and a half) the legal interest rate, based on the total amount of all sums owed by the Client.
Prohibited behaviors
12.1 It is strictly forbidden to use the Services for the following purposes: - engaging in illegal, fraudulent activities, or infringing upon the rights or safety of third parties, - threatening public order or violating the applicable laws and regulations, - intruding into a third party's computer system or any activity that may harm, control, interfere with, or intercept all or part of a third party's computer system, violate its integrity or security, - sending unsolicited emails and/or commercial prospecting or solicitation, - manipulations aimed at improving the ranking of a third-party site, - using the Site to disseminate information or links redirecting to a third-party site, - helping or encouraging, in any form and in any manner, one or more of the acts and activities described above, - and more generally, any practice diverting the Services for purposes other than those for which they were designed.
12.2 It is strictly forbidden for Clients to copy and/or divert for their own purposes or those of third parties the concept, technologies, all or part of the data, or any other element of the BEANSTOCK Site.
12.3 The following are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down, or prevent the continuity of the Services, (ii) any intrusions or attempts to intrude into BEANSTOCK's systems, (iii) any diversion of the Site's system resources, (iv) any actions likely to impose a disproportionate burden on the infrastructures of the latter, (v) any breaches of security and authentication measures, (vi) any acts likely to harm the financial, commercial, or moral rights and interests of BEANSTOCK or users of its Site, and finally, more generally, (vii) any breach of these General Terms and Conditions.
12.4 It is strictly forbidden to monetize, sell, or grant any or all access to the Services or the Site, as well as the information hosted and/or shared therein.
Sanctions for shortcomings
In the event of a breach of any of the provisions of these General Conditions or more generally, of infringement of the laws and regulations in force by a Client, BEANSTOCK reserves the right to take any appropriate measures, including :(i) suspending or resolving / deleting or preventing access to the Services of the Client who committed the breach or infringement or participated in it,(ii) publishing on the Site any informational message that BEANSTOCK deems useful,(iii) notifying any competent authority, cooperating with them and providing them with all useful information for the investigation and repression of illegal or unlawful activities,(iv) taking any legal action.
BEANSTOCK also reserves the right to terminate the Client's access to the Services :- either by law, fifteen (15) days after receipt by the Client of a formal notice that has gone unheeded, sent by registered letter with acknowledgment of receipt, stating the intention to apply this clause,- or in the event of a recurrence of a previously reported breach by registered letter with acknowledgment of receipt, the termination then taking effect by law on the date of sending the registered letter with acknowledgment of receipt regarding the repeated breach,… without prejudice to any damages that may be claimed from the Client.
The termination automatically results in the deletion of the Client's Account and the end of the property management mandate without prejudice to any other consequences that may arise from the application of these general conditions.
Intellectual property
The systems, software, structures, infrastructures, databases, and content of any kind (texts, images, visuals, music, logos, brands, databases, etc.) used by BEANSTOCK on the Site are protected by all intellectual property rights or database producer rights in force. Any disassemblies, decompilations, decryptions, extractions, reuse, copies, and more generally, any acts of reproduction, representation, distribution, and use of any of these elements, in whole or in part, without the authorization of BEANSTOCK are strictly prohibited and may be subject to legal action.
Personal data
We practice a personal data protection policy whose characteristics are explained in the document titled "Charter on the Protection of Personal Data", which you are expressly invited to review on the Site.
Advertisement
BEANSTOCK reserves the right to include any advertising or promotional messages on any page of the Site and in any communication with Clients in a form and under conditions determined solely by BEANSTOCK.
Links and third-party sites
BEANSTOCK can in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including its potential partners) that the Client may access through the Site.
BEANSTOCK accepts no responsibility for the content, advertisements, products, and/or services available on such third-party websites and mobile applications, which are governed by their own terms of use.
BEANSTOCK is also not responsible for transactions that occur between the Client and any advertiser, professional, or merchant (including its potential partners) to whom the Client is directed through the Site and cannot in any way be involved in any disputes that may arise with these third parties concerning, in particular, the delivery of products and/or services, warranties, statements, and other obligations that these third parties are bound to.
Force majeure
In no event shall the parties be held liable for breaches or delays in the performance of these general conditions due to any force majeure events as defined by Article 1218 of the Civil Code and recognized by jurisprudence, as well as, in any case, all acts of strike, terrorism, and epidemic.
The occurrence of a force majeure event suspends the execution of the general conditions as soon as one of the parties receives the information transmitted by registered letter with a request for acknowledgment of receipt by the other party.
If a force majeure event that prevents a party from fulfilling its obligations continues for more than 30 (thirty) days, the general conditions may be terminated immediately and by right, without judicial formalities, by either party, by any written means, without either party having to pay the other any compensation.
Right of withdrawal
Subject to fulfilling the provisions of the Consumer Code, the Client has a right of withdrawal for a period of 14 (fourteen) days from the acceptance of these terms. They can exercise this right by sending to BEANSTOCK the contact details mentioned in the article "Operator of the Site and Services, contact", before the expiration of the aforementioned period, the form included in the Annex of these terms, duly completed, or any other declaration, unequivocally expressing their intention to withdraw.
Mediation
If you are an individual, you also have the right to resort free of charge to a consumer mediator to resolve amicably any dispute concerning the execution of these that may oppose you to us, under the conditions set out in articles L611-1 and following and R612-1 and following of the Consumer Code.
You can contact the following consumer mediator for this purpose: Mediation and amicable resolution center for bailiffs (Medicys)
Postal address: 73 Boulevard de Clichy, 75009 Paris
Email address: contact@medicys.fr
Phone: 01 49 70 15 93
Governing law and jurisdiction
The present Contract is governed by French law.
In case of a dispute regarding the validity, interpretation, and/or execution of the Contract, the parties agree that the courts of Paris shall have exclusive jurisdiction to rule on the matter, unless otherwise provided by mandatory procedural rules.
APPENDIX - Withdrawal Form
(Please complete and return this form only if you wish to withdraw from the Mandate.)
To the attention of: BEANSTOCK
Address: 5 avenue du Général de Gaulle 94610 Saint Mandé
Phone: 01 82 88 62 46
Email address: contact@beanstock.fr
I hereby notify you of my withdrawal from the Mandate concerning the search for a property for sale proposed by Beanstock.
Client's Name:
Client's Address:
Client's Signature:
(only in the case of notifying this form on paper)
Date: