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Terms and Conditions of Service + Data Protection

Please read these terms and conditions of service carefully as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, and obligations to comply with applicable laws and regulations.

1.Key Terms and Concept: RANKIN provides a platform that connects private individuals who have French property to sell or rent (Short Term Lets or Gite Rentals) with clients directly seeking to buy or rent with 0% commission charged. Our services, products and partners are accessible at www.arankinfrance.co.uk and any other website portals and advertisements used via RANKIN.

2.Definitions: Definitions of ‘We’, ‘Us’ and ‘Our’ means the Company RANKIN. ‘You’ and ‘Your’ refers to the client placing an order for our product, services or advertisement with us.

3. General: By using the site, ordering or purchasing our products and services you agree to comply with and be legally bound by the terms and conditions, whether or not you become a registered user of the services.  These Terms govern your access to and use the site.  In addition certain areas of our site, products and services may have different terms and conditions, standards and guidelines or may require you to agree with and accept additional terms and conditions.  If you do not agree to these terms you have no right to obtain information from or otherwise continue using the site, products and services.

4. Terms of Service and advertising: RANKIN comprise of a site, products and services where private individuals may create listings for French property sales and rentals (Short term lets and Gite rentals) and clients may learn about and enquire directly.  You understand that RANKIN is not a party to any agreements entered to between vendor, landlord and client, nor is RANKIN a property agent, real estate broker or insurer. We have no control over the conduct of our clients or other users of our site, products and services and disclaim all liability in this regard to the maximum extent permitted by the law.  If you choose to create a listing with RANKIN , you understand and agree that your relationship is limited to being a member and an independent third-party contractor and not an employee, agent or partner of RANKIN , you act exclusively on your own behalf and for your own benefit. RANKIN  have no right to control your activities with your listing or your activities associated with your listing. As a member and user you agree not to do anything which creates a false impression that you are endorsed by, partnering with or acting on behalf or for the benefit of RANKIN ; including acting inappropriately in respect to RANKIN. We therefore reserve the right to refuse, reject, suspend or alter an advertisement or members use without reason and cannot be liable for any loss caused whatsoever or responsible for any claim, cost or expenses resulting from libellous or malicious matter or untrue statement in any advertisement published or any infringement of patent, copyright or design therein.

5. Modifications and Alterations:RANKIN reserves the right to develop, enhance and amend aspects of their concept, advertising, product services and website as an ongoing basis, or modify these terms including the service fees at any time and without prior notice.  Details will be indicated to clients and displayed on our site, your only recourse is to cease using our services, products and site.

6. Users: We work exclusively to promote Private Property Sales and Short Term Lets or Gite Rentals in France. 0% commission is charged to our clients, vendors and landlords; we therefore request that all estate agents or professionals in property, charging commission or not, to refrain from using our site and services. Should complaints be received through our Support Services or expected professional activity be noted, client accounts concerned with this activity could be suspended and blocked from future use with our company.  Any access to or use of our site, services and products is expressly prohibited by anyone under 18 years old. Users represent and warrant that you are 18 or older. Users agree and authorise us to use your personal information, such as your full name and date of birth to obtain reports.

7. How the site, services and products work:The site, services and products can be used to facilitate the listing and enquires of properties and services. You may view listings as an unregistered visitor to the site, however if you wish to enquire, you must first register to create a MY RANKIN account.

8. Account Registration or Assistance Subscription: In order to access certain features of our site, services and products, you must register to create an account (MY RANKIN ) or Subscribe to our Assistance Services. You can also login to your account to see our newsletters. You are entitled to disclose your Third-Party Account login or subscription information to RANKIN and grant us to access your details without breach by you to any terms and conditions that govern your use. Your MY RANKIN account profile page or subscription will be created for your use only and based upon the personal information you provide to us. You may not have more than one active MY RANKIN account or subscription reference. You agree to provide accurate and current information during the registration process and to update such information to keep it accurate. RANKIN reserves the right to suspend or terminate your MY RANKIN account or subscription and your access to the site and our services and products. You are responsible for safeguarding your password or subscription details and agree that you will not disclose this information to any third party, you will take sole reasonability for any activities or actions under your MY RANKIN account or during your subscription.  You will immediately notify RANKIN SARL of any unauthorized use of your MY RANKIN account or subscription.

9. Listings, Services and ProductsTo create a listing or order a product and service, you will be asked a variety of questions including pricing and related rules and financial terms.  You understand and agree that once you have displayed a price and placement for listings you cannot increase the price to your client enquiries.  All prices supplied for properties for sale and to rent must be displayed in Euro and are the net price of sale without commissions included or Notaire fees.  When advertising on our website or portals used by RANKIN you pay for the space and not for the photographs. Although every effort is made to produce a clear photograph we cannot guarantee the quality of the display or how the information is transferred. If you place an advert with us without providing the artwork or text for the publication at the time of issue and display on our site, we are free to remove these details without refunding the listing payment to you. Deadlines for advertising must be respected for new listings and renewals. If you place an advert but fail to provide details for the publication deadline, we may repeat any previous relevant advert from you. We may store, reproduce and distribute copy relating to any advertisement including by electronic means.

10. Assistance Services with Subscription:Upon subscription to our Assistance Service (bespoke service) please confirm all requests by email so that accounting can be arranged without discrepancy. Our assistance services are bespoke for your requirements and charged at a rate of 40€/ hour (VAT inclusive) with a minimum request cost of 10€ for each enquiry and without estimates provided. Details and costs for our services are indicated for your approval at the time of subscription and for client information.  Our Assistance Services do not include judicial, legal or accountancy services. We operate our assistance by subscription only (25€/ 6 months from 2019) as a bespoke service (French and English language) to suit your requirements and cannot be held responsible for the results achieved following instructions from our clients. Retainer payments are required from clients before services and requests can be fulfilled.  Should we not have sufficient funds received in a client account we will not be able to continue with your assistance requests.

11. Taxes:Our listings, services and products have no VAT (TVA @ 0%). Tax regulations may require us to collect appropriate tax information from clients. As a user you agree and understand that you are solely responsible for determining your applicable Tax reporting requirements and indicating taxes that should be included, you are solely responsible for remitting to the relevant authority for sale and rentals of property in France which are applicable in your country of residence and in respect of French legislation. RANKIN SARL cannot and does not offer Tax-related advice to any members.

12. Photos and Information: RANKIN reserves the right to refuse certain photos, site links or information from our users that we feel are inappropriate to display on our site or under our company name. Photos displaying vehicle registration numbers, children or people without authorisation for display or proof of copyright ownership could automatically be removed. We will not be liable for any error, misprint, inaccuracy or omission in an advertisement or document.

13. Reporting misconduct: RANKIN  provides a support service so that clients and users can report any inappropriate behaviour on our site or with our company.We may liaise with the police and /or other relevant authorities in relation to the behaviour but will not be obliged to take any action beyond that required by law or cause us to incur any liability to you.

14. Privacy and Respecting Your Data: You agree that RANKIN can use your personal information to perform our obligations.  RANKIN respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data, including when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

Please also use the Glossary GDPR to understand the meaning of some of the terms used in this privacy notice. RANKIN (“we”) are committed to protecting and respecting your privacy. On the GDPR  page we describe how we may make use of any personal data that you may supply to us when you visit this website and the RANKIN website www.arankinfrance.co.uk / www.arankinfrance.fr and along with the MYRANKIN login account page. Please read the following glossary GDPR carefully to understand our views and practices regarding your personal data and how we will treat it: “Your Rights General Data Protection Regulation” >> https://www.arankinfrance.co.uk/gdpr/

15. Ownership, Copyright and Rights Notice: The entire contents of our concept and site is owned by RANKIN and protected by copyright with all rights reserved. You may download or print individual sections of the website for personal use and information only provided that these properly indicate RANKIN copyright and other proprietary notices. You may not reproduce (in whole or in part), modify, decompile, disassemble or transmit or use for any commercial purpose whatsoever any information from this website or our concept, logos and trade names without the prior written consent of RANKIN.

16. Quote Requests and Orders Quotes for our services must be formally agreed by our clients before works can be scheduled. Receipt for confirmation of our quotes and orders must be addressed in writing or by email. Acceptance of our Terms and Conditions must be agreed before any quotes, orders and services can be purchased. It is forbidden to accept a consumer for the sale of our products and services without a legitimate reason.

17. Additional Terms for Products and ServicesRANKIN have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings.  If additional terms are available for the relevant product or Services you use, those additional terms become part of these terms. We cannot refund or reinstate clients with products or services purchased. Should service result reach an unsatisfactory conclusion for our client, we cannot be held liable for the result of services requested or responsible for the safe custody or return of documents, manuscripts of photographs submitted to us or to a third party.

18. Payment and Currency: Payments are to be made in Euro and IBAN details are available upon request for transfers. A secure payment link is available for credit card or payments via PayPal. Cheques (Euro) are payable to RANKIN. Sterling payments can be arranged by cheque with additional banking charges of 32.05€ per payment. Please contact us for more information or help with exchange rates for your invoice. All payments must be clear from bank charges and commissions. Clients may be requested to pay by retainer payment for some of our services and products. Monthly credit and retainer or invoice details are supplied by our accounts services where full details of our services are indicated. No interest can be given by our company for money held by Retainer, refunds or date limits for use of credit may be given to clients with limited durations indicated. Stage payments may be arranged upon request for works over 300€.  Details regarding currency conversion, including any associated fees are detailed on our site.

19. Links, Resources and Partners: Our site, products and services may contain links to third-party websites and resources. You acknowledge and agree that RANKIN is not responsible for i) the availability or accuracy of such websites or resources or ii) the content, products or services on or available from such websites or resources.iii) Links to such websites or resources do not imply any endorsement by RANKIN for content, products or services available. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources. Users of our site, services and products with RANKIN accept the possible free movement of their details and information to our partners and resources listed on our site, unless clients stipulate otherwise.

20. Feedback and Testimonials: We welcome and encourage you to provide feedback, testimonials, comments and suggestions for improvements to the site or to say what you appreciate about our concept. You may submit Feedback by emailing us through the Contact section of the site or by other means of communication. Your feedback comments may be displayed for other users and clients to read and will indicate your name and date of issue.

21. Confidentiality: We take the security and privacy of our clients and contacts about whom it holds personal information extremely seriously. RANKIN follow strict security procedures in the storage and disclosure of personal information given to us in order to prevent unauthorised access. Personal Data is held on our contacts and administration database either because of work we have undertaken or are currently engaged in, or because our clients have indicated that they would be interested in receiving material from us about our business, services and partners. To that end we hold client contact detail and the history of our client relationship. This allows us to manage our client relationships effectively and target items of interest so that clients do not receive unwanted material through the post or by email. Clients may request the amendment of the personal information held and to cease receiving this.

22. Disclaimer: Whilst RANKIN uses all reasonable effort to control information published on our website, no representations or warranties are made (expressed or implied) as to the accuracy, currency or completeness of such information.  Our support service gives clients the possibility to report any inaccurate representations, however, we cannot accept any responsibility (to the extent permitted by law) for any loss arising directly or indirectly from the use of, or any action taken in reliance on, any information appearing on this website services and products used. RANKIN makes no warranty that our website is free from errors, defects or viruses. RANKIN are not estate agents or real estate professionals and cannot therefore be held responsible for the condition of property advertised, damages caused to property listed, accessed by clients or for any insurance claims regarding liability. Home visit services requested and carried out by RANKIN are considered as giving access to property only on behalf of private sellers or direct rentals landlords and not considered as agency viewings. Clients accept full responsibility for any property damage, personal harm, theft or loss during visits and access for this Home visit service requested. RANKIN  requests that all board signs purchased from our company are installed at the property by the client and property owner who accepts full responsibility for the fixture and the safety of the display area chosen for the board signs purchased from us.

23. Working Hours: Our offices are open from Monday to Friday 9am to 6pm and Saturday 9am to 12noon by appointment only. We cannot guarantee our presence at our offices and request that clients contact us for appointments to insure availability. RANKIN is a French registered company and respects the bank holiday closures in France. Our offices are also generally closed over the Christmas period during 10 working days.

24. Termination or Cancellation: In accordance with the conclusion of a sales contract or the supply of our services, the professional must communicate, in a comprehensible manner and which can be read by the consumer, the following information:

2° Whilst a retraction law exists, the conditions and delays for these modalities are exercised under the right of the retraction formalities for which terms and conditions are mentioned, these are stipulated by the decree of the ‘Conseil d’Etat’ (State Council in France).

3° In this case, the consumer would suffer the costs for the return of a product cancelled and, for contracts at distance, the cost of the return by post due to the nature of the order.

5° In the case where the right for retraction cannot be exercised under application of article L221-28, information states that the consumer does not benefit from this right and would in these circumstances lose his right to the retraction and cancellation

Article L221-18 for consumers foresees that a consumer disposes of a 14 day delay to fulfil his right for a retraction and cancellation of a contract which is concluded at distance, by phone or outside of the establishment, without any costs tolerated for the decision as seen under articles L221-23 to L221-25. The delay indicated is aligned to be counted from the day of:

1° From the conclusion of contract, for contracts and services mentioned under article L221-4.

2° From the receipt of a product by the consumer or a third party, other than the transporter; designed for the sale contracts or products. For the contracts concluded outside of the establishment, the consumer can exercise the right to retract as from the conclusion of contract.

Whilst a professional contacts the consumer by telephone and has these details, the right to register on the list to oppose this telephone procedure must be indicated. Whilst this information is transferred following the conclusion of a contract, the existence of this consumer right must be indicated clearly and comprehensibly.

Before a consumer can be tied into a contract of sale for products or services, the professional must communicated in a clear and readable manner the following information:

6° The possibility to contact a mediator for consumer rights following the conditions indicated in book title VI. Article L616-1 the consumer code foresees: “That all professional must communicate to the consumer, according to the modalities fixed under the ‘decret en Conseil d’Etat’ (Law of State Council) the contact details for the mediator(s) competent, and to who the professional relies. The professional is equally obliged to supply the same information to the consumer whilst a legal situation cannot be resolved in the form of a complaint which has been made directly to their services.”

Article R616-1 consumer code indicates: ‘In the case of application of article L161-1, the professional communicates to the consumer the contact details of the mediator(s) for consumer right which are foreseen, by subscribing to this information in a manner visible and readable on the internet site and within the general conditions of sale and service and on orders, or when absent – in the case of telephone calls, by all other means appropriate. It is mentioned equally that the address of the internet site for the mediator(s) must be indicated.

We invite you to consult the relative details for mediation on the website: http://www.mediationconso-ame.com/; (Consumer Médiators AME) Médiation de la consommation AME (L’Association des Médiateurs Européens), 11 Place Dauphine, 75001  Paris.

25. Controlling non payment and dispute: The non payment of our services, products or advertising could result in the cancellation of our services and subscription with RANKIN, also the closure of your personal client account with MY RANKIN. In the case of late payment, article L441-6 will take effect under the consumer code, a penalty interest is calculated on the amount on the basis of three times the calculated rate of interest stipulated under legal requirements plus claim expenses of 40 euro. Article R631-3 consumer code: ‘The consumer can cease, either a territorial judicial competent of the civil procedure code, or where the consumer resides at the time of contract conclusion or when damages occurred. Article 46 code for civil procedure: ‘The client has the choice to cease other jurisdiction than that of the defender – in contractual terms, the jurisdiction of delivery address or of execution of product and service.

26. Contacting RANKIN If you have any questions about these Terms and Conditions, please contact us.

Contact Information: RANKIN, 19bis Quai de la République 53100 MAYENNE – FRANCE-

Company number (French SIRET registration) : 482 433 216

 

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