General Terms of Service and Use of the Site
Last updated: January 30, 2025
These General Terms and Conditions of Service (GTS) govern the pre-contractual and contractual relationships relating to CLIKALIA services for the valuation, purchase and sale of property or real estate or other additional services related to the purchase and sale of real estate (hereinafter the “Service” or together the “Services”) offered to its customers by one of the companies of the CLIKALIA group (the companies DBF France SAS and Horystone SAS relating to the purchase and sale of real estate or the company Clikalia France SAS for additional services related to purchase and sale), referred to either by their company name or by the term “Company” or “Clikalia”.
The conditions specific to each service will be applied by the company in the CLIKALIA group that specifically provides the service, as the case may be.
Other services offered by Clikalia not included here are governed by their own terms and conditions.
The term “Customer”, used in these GTS refers to any person, whether or not they have taken out a contract with Clikalia, as long as they use the website www.clikalia.fr (the “website”) or one or more of the Services.
Clikalia and its Customers are hereinafter referred to together as the "Parties".
Each Customer acknowledges having read and understood the provisions of these Terms and Conditions, which are communicated to them by Clikalia before subscribing to the Service and are available at any time on the Clikalia website. By using the Service, the Customer unreservedly accepts these Terms and Conditions.
Unless Clikalia expressly agrees in writing to subject the contractual relationship to different terms and conditions, these GTS are the only ones that apply to the relationship between Clikalia and its Customers. Therefore, the Customer’s terms and conditions do not apply without Clikalia having to expressly refuse them.
These GTS apply to both companies and professionals and consumers, provided that the Services are intended only for natural persons with full legal capacity or with the consent of their legal representative, and for legal persons acting through a natural person having the necessary powers of representation to take out contracts in the name and on behalf of the legal person.
Clikalia reserves the right to modify these Terms and Conditions at any time, the new versions of which will take effect successively from their publication. However, the General Terms and Conditions applicable to a contractual relationship between Clikalia and a Customer shall be those in effect on the date of subscription to the Service, unless one Party expressly agrees in writing to submit to a more recent version of the General Terms and Conditions at the request of the other Party.
1.1 Real estate valuation
Clikalia France provides Customers with a property valuation service. After having filled in the address of the property, the main characteristics of the property and their contact details (surname, first name, email address and telephone), the Customer receives a first estimate with a validity of five (5) working days free of charge, which is not binding for either Party. This estimate can in no way be considered by the Customer as an offer to purchase on the part of Clikalia.
If, following the completion of this first estimate, Clikalia is interested in acquiring the property and the Customer is interested in the terms proposed by Clikalia, the acquisition procedure continues in accordance with the terms of Article 1.2 below to the benefit of one of the companies in the Clikalia group.
If Clikalia does not intend to acquire the property or the proposed conditions are refused by the Customer, the Parties will remain free of obligations to each other and the Customer’s data will be treated in accordance with the provisions in the Clikalia Privacy Policy.
For more information on the processing of their data, the Customer can consult the Company’s Privacy Policy: https://clikalia.fr/en-FR/legal/politique-de-confidentialite.
1.2 Purchase of real estate
Following the first estimate sent by Clikalia France to the Customer, if Clikalia is interested in acquiring (for DBF France SAS or Horystone SAS as the case may be) the property and the Customer by the terms proposed by Clikalia, or if Clikalia France is interested in advertising a property offered for sale by another means:
If Clikalia maintains its interest in the acquisition of the property, the Customer will receive an offer to purchase subject to the condition precedent that a thorough check of the requested documents and information does not reveal discrepancies with the information already sent or new elements that call the appropriateness of the acquisition by Clikalia into question. To this end, the Customer authorises Clikalia to carry out several inspections of the property aimed in particular at measuring the property and having an asbestos survey carried out before work requiring the destructive removal of potentially asbestos materials. If necessary, Clikalia will modify its offer accordingly or inform the Customer of its intention not to acquire.
If Clikalia’s intention to acquire is confirmed, the transaction will be carried out through the notary of each of the Parties under the conditions (direct sale or with pre-contract, date of release of the premises etc.) and deadlines determined by the Parties, taking into account Clikalia’s investment requirements.
The Customer undertakes towards Clikalia to use the information provided by the latter only for the purposes of the completion of the transaction, during the purchase process as well as after its completion, without transmitting it to any third parties not previously and expressly authorised by Clikalia.
As a reminder, please note that any sale of real estate is subject to various taxes, duties and charges due to third parties, in accordance with the laws and regulations in force. Should these taxes, charges and charges become due, the Customer undertakes to pay them to their debtor without recourse against Clikalia.
Under no circumstances can Clikalia be considered as committed to a Customer or their representative by the mere presentation of an offer to purchase before carrying out the audit of all the parts and information requested and firm, definitive and express confirmation of its intention to acquire. Clikalia cannot be held liable for decisions taken by a Customer or their representative arising directly or indirectly from the sale of an offered good to the Company. Nor is it liable, if the transaction is confirmed, for the consequences of any delay or additional delay in realising the sale.
1.3 Sale of real estate
Clikalia offers for sale properties whose ads it publishes on its website and on various real estate ad platforms. The marketing of that real estate is initiated during the renovation of the property, the ads being then illustrated by virtual reality images, which the Customer is expressly informed of during any request for information. The Customer may contact Clikalia France for any request for information and/or visits through the contact details in the ads. If the Customer is interested in acquiring a property offered for sale by Clikalia France, they are invited to send their offer to the Company, which may request additional information in order to make its decision to accept or refuse the offer in an informed manner. Clikalia France proposes that the Customer study and adopt its financing capacity free of charge by a real estate loan broker partner of the Company in order to consolidate its offer to purchase file, without this consultation committing the Customer to the partner broker. The Customer warrants that all the information they send to Clikalia France in support of their offer to purchase is complete and true and undertakes to inform Clikalia France immediately of any changes relating to the information provided or any new information that may be decisive to the decision-making of Clikalia France. In the event of false or incomplete information, Clikalia has the right to exclude the Customer from the use of its services and/or to immediately discontinue the purchase procedure, without prejudice to the legal remedies available.
In view of the complex nature of real estate sales contracts, by way of derogation from article 1583 of the Civil Code and in any event, Clikalia reserves the right not to execute an offer to purchase from a Customer whatever the conditions may be, including price, time or nature of the financing and if the Customer refuses to have their financing capacity studied and adopted free of charge by a real estate loan broker partner of the Company, which the Customer acknowledges and accepts.
In case of acceptance of the Customer’s offer to purchase by Clikalia, a promise of sale will be regularised between the Parties, which endorses the terms and conditions of the accepted offer, before authentic reiteration of the sale through the notaries of the Parties, in accordance with the laws and regulations in force.
In accordance with article L271-1 of the Construction and Housing Code, the non-professional Customer has the right to withdraw within ten days of the first presentation of the letter notifying them of the act. The Customer agrees that the act will be notified to them by electronic registered letter and that the option of withdrawal will be exercised in the same form.
Under no circumstances can Clikalia be considered as committed to a Customer or their representative by receiving an offer to purchase before carrying out the audit of all the parts and information requested from the Customer and firm, definitive and express confirmation of its acceptance to sell under the proposed conditions. Clikalia cannot be held responsible for decisions taken by a Customer or their representative arising directly or indirectly from the acquisition of a good offered by the Company, nor, if the transaction is confirmed, for the consequences of any delay or additional delay in its realization.
The Client is informed that by offering to acquire a property listed for sale by one of the companies in the Clikalia group, it is established as an essential condition of the sale that a payment of €2,000.00 including VAT (two thousand Euros, with value-added tax at the applicable rate included) is required. This amount is invoiced by Clikalia France SAS as a management fee for the sale.
The obligation to pay becomes due after the expiry of the withdrawal period of 10 days following the signing of the promise of sale (or the cooling-off period of 10 days following notification of the draft deed of sale in the case of a direct sale) and payment must be made before the signing of the definitive deed of sale by transfer to the bank account of Clikalia France SAS whose details will be indicated on the invoice.
This payment is considered an essential condition of acceptance of the offer to purchase a property issued by the Customer.
The fact that payment has not been made before the date of completion of the sale, but that the contract of sale has been signed, does not imply the loss or waiver of the right to its recovery for two (2) years (five (5) years if the Customer is a professional) following its due date; and without prejudice to the fact that the services included up to full payment have not been performed or delivered under the responsibility of the buyer.
Thus, in the event of cancellation of the sale on the part of the Customer before the conclusion of the definitive deed, the fees made due and invoiced at the signing of the promise of sale remain due to Clikalia France SAS whatever the reason given by the Customer for not finalising the transaction, except for the failure to fulfil the condition precedent of financing stipulated in the promise of sale, if applicable.
However, if the sale is cancelled before it is reiterated on the initiative of Clikalia or due to the non-fulfilment of the condition precedent of financing stipulated in the promise of sale, the management fee will not be charged to the Customer.
Changes to fees: Clikalia reserves the right to change the amount of the flat fee. Any changes to these fees will be communicated to the Customer with reasonable notice before they become effective. This communication will be made by any appropriate means, in particular by publication on the website or by sending a written notification to the Customer.
By continuing to use the Clikalia Service after the publication of the change in the amount of the flat fee, the Customer accepts the new applicable fee. If the Customer refuses the new terms of the Service, they have the option to stop using them before their announced effective date.
These general conditions of sale, as well as any dispute arising from their interpretation, execution or termination, are governed by French law, without exception.
The competent courts in case of dispute are the French courts in accordance with the legislation in force. The Parties expressly waive any other jurisdiction that may be competent by virtue of their current or future domicile, or for any other reason.
In accordance with Article L 611-1 of the Consumer Code, the consumer – within the meaning of the introductory article of the Consumer Code – is informed that they have the possibility to refer the matter to a consumer ombudsman under the conditions set out in Articles L 611-1 et seq. of the Consumer Code, whose contact details are: MEDIMMOCONSO - 1 Alley of Mesemena Park - Building A - CS 25222 - 44505 LA BAULE CEDEX.
Access to the online complaint form: https://recevabilite-mediations.medimmoconso.fr.
The parties agree that the language governing their relationship is French. Any translation of these Terms and Conditions into another language shall be for informational purposes only, the French version prevailing in the event of a difference in interpretation.
Last updated: 07 March 2024
These General Terms and Conditions of Use of the Website (GTCU) govern the conditions under which the user uses the www.clikalia.fr website (hereinafter referred to as the website).
By using the website, the user unreservedly accepts these Terms of Use, which are applicable for the entire duration of use of the website.
The version of the T&Cs currently online on the website is the only one applicable and enforceable against the user until a new version replaces it. Clikalia France reserves the right to modify these T&Cs at any time and without notice, the new versions of which shall take effect successively from the date of their publication.
No tolerance of the application of the provisions of the T&Cs may be interpreted as a waiver by Clikalia France to subsequently make use of them.
If any of the provisions herein are or become void with regard to any present or future legal provision, it shall be deemed unwritten without affecting the validity of the other provisions herein.
The user is prohibited from using the website for any activity that contradicts the law and regulations, morality, public order, and, in general, undertakes to use it in accordance with the conditions set out in these Website Terms and Conditions. The user is also prohibited from carrying out any advertising or commercial activity involving a risk of confusion of identity with the CLIKALIA trademark.
Clikalia France acts exclusively as the entity responsible for the website, as a provider of an information service about its own services. Clikalia France cannot be held liable for any content which, in violation of this legal notice, may be sent or published by the user, the latter being solely responsible for its veracity and lawfulness.
Clikalia France reserves the right to block access to the website at any time and to terminate, without notice, the relationship with any user whose use of the website or one of the services promoted is considered to be contrary to the provisions of these Website Terms and Conditions.
The entirety of the website: texts, images, trademarks, graphics, logos, buttons, software, colour combinations, as well as the structure, selection, arrangement and presentation of its contents, are protected by the regulations governing intellectual and industrial property, prohibiting their reproduction, distribution, public communication and transformation, except for strictly personal and private use.
Clikalia France does not guarantee that the content is accurate and error-free or that its free use by the user does not infringe the rights of third parties. The user is solely responsible for their proper or improper use of the website.
Similarly, the reproduction, retransmission, copy, transfer, assignment or redistribution, in whole or in part, of the information contained in the website, regardless of its purpose and the means used, is prohibited without the prior and express authorization of Clikalia France.
The website may include links to third-party sites. The web pages belonging to third parties have not been reviewed by Clikalia France and are not controlled by Clikalia France, which can in no way be held responsible for the content of these websites or for the measures adopted relating to the confidentiality and processing of users’ personal data.
Clikalia France recommends that the user carefully read the terms of use and privacy policy of these sites.
The user who wishes to activate a link to one of the pages of the website must inform Clikalia France and obtain its express consent in advance. Clikalia France reserves the right to oppose the activation of links to the website and to revoke its express consent without prior notice, without having to justify its decision.
Clikalia France reminds the adult user who is responsible for a minor that it is solely their responsibility to determine which services and/or content are not appropriate for the minor depending on their age.
Clikalia France would like to inform the user that there is computer software that allows them to filter and block access to specific content and services, so that they can decide which Internet content and services minors can or cannot access.
Under no circumstances shall Clikalia France be held liable, directly or indirectly for:
By way of example and without limitation, the user will be responsible for:
Sources:
These Website Terms of Use are written in French and subject to current French legislation. For any dispute arising from the use of the services offered or the content of the website, the Parties, by accepting the provisions of this Legal Notice, submit to the competent courts in accordance with the regulations in force.
If one of the clauses of this Legal Notice is declared null and void, the other clauses will continue to apply without being affected by the declaration of invalidity.
Amicable settlement of disputes:
In the event of disputes between a professional and a consumer, the European Commission offers an online one-stop shop to encourage their amicable resolution. Disputes are forwarded to the national out-of-court settlement bodies connected to the platform. This service is accessible via this link: European Commission – Online Dispute Resolution.