Terms of Use

General Terms of Use

Purpose

By using the website luxim.fr, all its subdomains (hereinafter referred to as "the Site") as well as all the services provided through the Site (hereinafter referred to as "the Services"), the user of the Site (hereinafter referred to as "the User") unreservedly accepts these general terms of use (hereinafter referred to as "the Terms") established by the publisher of the Site (hereinafter referred to as "the Publisher"), their Privacy Policy and Business Information available on the Site.

The Terms aim to define the terms and conditions under which the User can access and use the Site and the Services.

Access to the Site and Services

Access to the Site and Services is open to anyone acting in good faith.

If the User refuses to comply with any obligations or conditions outlined in the Terms, they are required to immediately cease using the Site and/or Services.

Use of the Site and Services

Access to the Site and/or Services and their use are strictly limited to personal purposes.

The User agrees not to use the Site and/or Services or the information and data they contain for commercial, political, advertising, or any other form of solicitation, including but not limited to sending unsolicited emails.

The User agrees to use the Site and/or Services under their own identity, comply with applicable legal and regulatory rules, and refrain from disturbing public order.

The Publisher cannot be held responsible for direct or indirect damages resulting from full or partial use of the Site and/or Services or inability to access them. This limitation includes decisions made or actions taken based on information available on and/or through the Site, as well as any errors or omissions it may contain.

The User assumes full responsibility for the risks associated with using the Site and/or Services.

Availability of the Site

The Site is accessible 24/7. However, the Publisher reserves the right to restrict, suspend, or interrupt access to the Site at any time, especially for maintenance purposes, without prior notice or compensation.

For the proper management of the Site, the Publisher also reserves the right to remove or modify content that may disrupt the operation of the Site or violate the law.

Information on the Site

The Publisher strives to provide accurate and up-to-date information on the Site. However, the Publisher does not guarantee its accuracy or completeness and disclaims responsibility for errors, omissions, or outdated information.

The User is advised to verify the information available on the Site with discernment and critical thinking.

Advertisements for properties for sale or rent may be published on the Site if a mandate has been given to the Publisher. Termination of this mandate, for any reason, will automatically result in the removal of the corresponding advertisement. Although these advertisements are carefully handled, they are subject to potential data entry errors or availability at the time of consultation.

The information on the Site is non-contractual, except for orders placed directly on and/or through the Site under the General Terms of Sale available on the Site.

Intellectual Property

All elements of the Site – including but not limited to trademarks, photographs, texts, illustrations, videos, sounds, and software applications – are protected by applicable intellectual property laws.

These elements remain the exclusive property of the Publisher, their partners, or providers unless otherwise explicitly stated. Any reproduction, modification, adaptation, or use, in any form, is strictly prohibited without prior written permission from the Publisher.

Failure by the Publisher to take legal action in case of observed violations shall not be interpreted as a waiver of its rights.

The User retains ownership of the data they submit while using the Site and/or Services but is prohibited from infringing upon the intellectual property rights of the Site and/or Services.

The User's Responsibilities

The Publisher does not guarantee that the Site and/or Services will meet the User's requirements, operate correctly in all hardware or software environments, or function uninterruptedly and without errors.

The User must use appropriate and up-to-date electronic equipment to ensure the security of their personal and confidential data.

The Publisher recommends, without limitation, using professional antivirus software and keeping it regularly updated, choosing strong passwords and renewing them periodically, backing up important data on external devices, verifying email sources before opening attachments, and never transmitting credentials via unsecured channels.

The User is solely responsible for accessing, configuring, and using their equipment. Any negligence cannot be attributed to the Publisher.

The Publisher's Liability Limitations

The Publisher commits to making their best efforts to ensure access to the Site and/or Services. However, they cannot be held liable for failures, breakdowns, or interruptions that prevent access to the Site and/or Services; cyberattacks affecting Site functionality or data confidentiality; or direct or indirect damages caused by using hyperlinks to third party websites.

In case of a cyberattack, the Publisher will endeavor to address the consequences within a reasonable timeframe and inform the User of the situation's progress.

Force Majeure

The Publisher cannot be held responsible if the use of the Site and/or Services is delayed or prevented due to force majeure, accidents, third party actions, or external causes such as labor disputes, interventions by civil or military authorities, natural disasters, fires, water damage, or disruptions to telecommunications or electricity networks.

The User's Personal Data

While using the Site and/or Services, the Publisher may process personal and confidential data of the User as outlined in the Privacy Policy available on the Site.

The User authorizes the Publisher to collect and use the information necessary for their use of the Site and/or Services.

The Publisher commits to making their best efforts to maintain the confidentiality of the User's confidential information, except when disclosure is strictly necessary for Site and/or Services usage under the Terms and in compliance with the Privacy Policy.

Information in the public domain or already in the Publisher's possession before being shared by the User is not considered confidential.

Amendments to the Terms

The Terms may be modified at any time. New conditions will take effect upon publication on the Site, and the User is advised to review them regularly.

Dispute Resolution

In case of disputes related to the use of the Site and/or Services, the Publisher and the User shall strive for an amicable resolution.

Subject to mandatory public order provisions, disputes will first be submitted to the Publisher for an amicable solution, failing which they will fall under the exclusive jurisdiction of the competent courts.

The User is informed they can opt for conventional mediation through existing sectoral mediation bodies listed on cm2c.net or alternative dispute resolution mechanisms.

Contact details of the mediation body: CM2C, 14 rue Saint Jean, 75017 Paris.

Email: contact@cm2c.net.

The User is also informed of the option to use the online dispute resolution platform.

Waiver

Failure by the Publisher to enforce any clause of the Terms or tolerate non-compliance shall not be interpreted as a waiver of its rights.

Severability

If any provision of the Terms is declared illegal or contrary to public order by a final judgment, this will not affect the validity or enforceability of the other provisions.

All the provisions of the Terms should be interpreted as formulated, independently of their headings.

Governing Law and Jurisdiction

The Terms are governed by French law and drafted in French. In the event of translation, only the French text of the Terms will be binding in case of disputes.

Failing amicable resolution, all disputes will be under the exclusive jurisdiction of the courts of NICE, France.