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Property property for sale - terms & conditions Terms and conditions
| Terms and conditions |
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| Friday, 08 June 2007 | |
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Terms and conditions Back This site is produced and hosted by French News SARL, BP4042, 5 chemin de la Monzie, 24004 Périgueux Cedex. Tel: (France) 05 53 06 84 40 Fax: 05 53 06 84 41 1. Definition Advert: Means the full details, specifications, description and rent, if any, payable relating to the Property with or without a photograph and/or drawing. Advertiser: Means the person(s) entitled to sell or let the Property and receive the profits of the sale or letting. Such person(s) will be either: - (a) the owner(s) of the Property to be advertised or (b) the person(s) with the specific written instructions of the owner(s) of the Property to advertise the Property for sale or letting. Client: Means the person(s) agreeing to buy or let the Property. Conditions: Means the terms and conditions of advertising set out in this document and any special terms and conditions agreed in writing between the Advertiser and French News SARL. Contract: Means the contract for advertising the Property for a period of one year from the date agreed between French News SARL and the Advertiser. Fee: Means the cost of placing the Advert on the property website in accordance with the quotation issued by French News SARL. French News SARL: Obligations: Means the provision of an advertising service on the Internet for the sale or letting of properties in France. Property: Means all the property detailed in the particulars contained within the Contract and Advert. 2. Conditions Applicable These Conditions shall apply to all Contracts for the advertising of any Properties through French News SARL to the exclusion of all other terms and conditions including any terms or conditions which the advertiser may purport to apply under any confirmation of Contract or similar document. French News SARL's employees or agents are not authorised to make any representations, statements or promises concerning the Advert unless confirmed by French News SARL in writing. In entering into the Contract the Advertiser acknowledges that it does not rely on such representations, statements or promises which are not so confirmed. Any advice or recommendation given by French News SARL or its employees or agents to the advertiser or its employees or agents as to the content nature or appropriateness of the Advert which is not confirmed in writing by French News SARL is followed or acted upon entirely at the Advertiser's own risk and accordingly French News SARL shall not be liable for any such advice or recommendations which are not so confirmed. Any typographical, clerical or other error or omission in the Advert, quotation, invoice or other document or information issued by French News SARL shall be subject to correction without any liability on the part of French News SARL. All conditions, warranties, guarantees or other terms, whether implied or expressed by statute, Common Law, Trade Custom or otherwise, on the part of French News SARL are hereby expressly excluded to the fullest extent permitted by law. The placing of an Advert on the French News SARL website shall be construed as an acceptance of these Conditions. The Advertiser shall be entirely responsible for ensuring that the Advert complies with the appropriate Code of Advertising. 3. Adverts and Lettings 3.1 The Advertiser shall be responsible to French News SARL for ensuring the accuracy of the Advert detailing the property (including any applicable specifications) placed on the French News SARL website. The property must be accurately described and the contents of the Advert true at the time the Advert is placed with French News SARL. 3.2 It is the Advertiser's responsibility to check carefully the details and validity of the Advert on the French News SARL website immediately the Advert is placed. Any inaccuracies or errors in the Advert must be brought to the attention of French News SARL immediately by the quickest method available and subsequently confirmed in writing by the Advertiser. 3.3 Any changes in details or information concerning the Advert during the course of the Contract must be immediately be brought to the attention of French News SARL by the quickest method available and subsequently confirmed in writing by the Advertiser. 3.4 The terms and conditions for selling or letting an advertised property are to be decided between the Advertiser and the Client. 3.5 It is the Advertiser's responsibility to determine the suitability of the Client for the property. 3.6 French News SARL reserves the right to amend the layout of the Advert as is felt appropriate and reserves the right to control the type size, typeface, wording, layout, photograph size and all other factors relating to the Advert placed on the French News SARL website. 3.7 French News SARL reserves the right to edit, copy or amend any basic layouts or other materials supplied or proofs, drawings, designs and similar articles relating to the Advert of the Property, should it be considered necessary. 3.8 The Advert may be placed on the Internet or in French News SARL's supporting literature at the complete discretion of French News SARL. 4.Payment 4.1 The fee shall be payable annually on a date specified by French News SARL or in accordance with any written agreement between French News SARL and the Advertiser, such written agreement being signed by French News SARL. 4.2 The Advert shall be removed if payment is not received by French News SARL within fourteen days of the required date as determined by clause 4.1. 4.3 Any free placing of an Advert shall be at the complete discretion of French News SARL and shall be for a limited period to be advised by French News SARL. Such period may be terminated by French News SARL on giving fourteen days notice in writing to the Advertiser. 5.Warranties and Liabilities 5.1 The liability of French News SARL shall be limited to the obligations imposed in these Conditions and French News SARL shall not be liable for any loss, damages or consequential damage as a result of any Contract, Agreement or dealings whatsoever between the Advertiser and the Client. 5.2 French News SARL shall not be liable to the Advertiser or be deemed to be in breach of the Contract with the Advertiser by reason of any delay in performing or any failure to perform any of the Obligations in relation to the Advert, if the delay or failure was due to any cause beyond French News SARL’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond French News SARL’s reasonable control: 5.2.1 'Act of God', explosion, flood, tempest, fire or accident. 5.2.2 War or threat of war, sabotage, insurrection, civil disturbance, requisition. 5.2.3 Acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority. 5.2.4 Strikes, lockouts or other industrial actions or trade disputes (whether involving employees of French News SARL or of a third party). 5.2.5 Difficulties in obtaining raw materials, labour, fuel, parts or machinery. 5.2.6 Power failure or breakdown in machinery owned by French News SARL or its service provider. 5.3 French News SARL shall not be liable for the non-suitability of the Property nor accept responsibility for any misrepresentations relating to the Property detailed in the Advert. Any Clients or users of the Internet must confirm the suitability of the Property before booking directly with the Advertiser. 5.4 While every effort is made by French News SARL to reproduce an Advert accurately subject to clause 3, French News SARL shall not be liable for any loss or damage caused by any errors or omissions therein. 5.5 Any photograph or drawing in an Advert shall be reproduced subject to clause 3, as clearly as practical from the material supplied. 5.6 French News SARL shall not be liable for any loss or damage of materials supplied. 6.General 6.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its principal place of business or registered office or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice. 6.2 French News SARL reserves the right at all times to refuse to place an Advert on the French News SARL website which, in the opinion of French News SARL, is not considered appropriate. 6.3 French News SARL reserves the right at all times to refuse to publish any addresses for other websites in any Advert and to remove links or website addresses without notice. 6.4 The Advertiser shall indemnify French News SARL against all loss, damages, costs and expenses awarded against or incurred by French News SARL in connection with, or paid, or agreed to be paid by French News SARL in settlement of any claim for infringement of any patent, copyright, design, trademark or other industrial or intellectual property rights of any other person which results from French News SARL's use of the Advert or other material from the Advertiser. 6.5 This Contract shall be governed by the laws of England and the Advertiser agrees to submit to the non-exclusive jurisdiction of the English Courts. 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