ARTICLE 1. PARTIES
These general conditions are applicable between Sibarth Real Estate, SAS, share capital: 300,000 €, RCS of Basse-Terre: 414777169, registered office: 17 rue de la République, Gustavia, 97133 Saint-Barthélemy, France, telephone: +590590298891, email: estates@sibarthrealestate.com, hereinafter "Sibarth Real Estate" and any person, natural or legal, private or public, connecting to the Site, hereinafter "the Internet User".
ARTICLE 2. DEFINITIONS
"Site Content": elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases, or software.
"Sibarth Real Estate": Sibarth Real Estate SAS in its capacity as publisher of the Site.
"Internet user": any person, natural or legal, private or public, connecting to the Site.
"Site" means the website accessible at the URL www.sibarthrealestate.com, as well as any sub-sites, mirror sites, portals, and URL variations thereof.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible to all Internet users. Browsing the Site implies acceptance by all Internet users of these general conditions. Simply connecting to the Site, by any means whatsoever, including through a robot or a browser, will entail full acceptance of these terms and conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.
The Internet user acknowledges having fully understood and accepted them without restriction.
Checking the above-mentioned box shall be deemed to have the same value as a handwritten signature by the Internet user. The Internet user acknowledges the value of Sibarth Real Estate's automatic recording systems as proof and, unless he/she can prove otherwise, waives the right to contest them in the event of a dispute.
The present general conditions are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these terms and conditions assumes that Internet users have the legal capacity to do so, or, failing that, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is to present the services of Sibarth Real Estate to Internet users.
ARTICLE 5. LIABILITY OF SIBARTH REAL ESTATE
5.1. Nature of the obligations of Sibarth Real Estate
Sibarth Real Estate undertakes to exercise due care and diligence to provide quality services in accordance with the specifications of these General Terms and Conditions. Sibarth Real Estate is only responsible for an obligation of means concerning the services covered by these terms and conditions.
5.2. Force majeure - Fault of the Internet user
Sibarth Real Estate shall not be held liable in the event of force majeure or fault on the part of the Internet user, as defined in this article:
5.2.1. Force majeure
In the sense of these general conditions, will be considered as a case of force majeure opposable to the Internet user any prevention, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, fluctuations in bandwidth, failure attributable to the access provider, failure of transmission networks, collapse of facilities, unlawful or fraudulent use of passwords, codes or credentials provided to the Internet user, hacking, a security breach attributable to the Site's host or developers, flood, power failure, war, embargo, law, injunction, request or demand of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of Sibarth Real Estate. In such circumstances, Sibarth Real Estate shall be excused from performance of its obligations to the extent of such impediment, limitation or disruption.
5.2.2. Fault of the Internet user
Under these General Terms and Conditions, any misuse of the Service, fault, negligence, omission, or failure on the part of the Internet user or his/her employees, or failure to comply with the advice given by Sibarth Real Estate on its Website, will be considered a fault of the Internet user. The implementation of any technical process, such as robots or automatic requests, whose implementation would contravene the letter or spirit of these general conditions of sale, will also be considered as a fault of the Internet user.
5.3. Technical problems - Hyperlinks
In case of impossibility of access to the Site, due to technical problems of any kind, the Internet user will not be able to claim any damage or compensation. The unavailability of one or more online services, even if prolonged and without any time limit, shall not constitute a prejudice for Internet users and shall not in any way give rise to the awarding of damages by Sibarth Real Estate.
The hypertext links on the Site may lead to other websites. Sibarth Real Estate cannot be held responsible if the content of these sites contravenes the legislation in force. Likewise, Sibarth Real Estate cannot be held liable if the Internet user's visit to one of these sites causes him/her harm.
5.4. Hyperlinks and contents of the Site
The Contents of the Site are published for information purposes only, without any guarantee of accuracy. Sibarth Real Estate cannot be held responsible for any omission, inaccuracy or error contained in this information that may cause direct or indirect damage to the Internet user.
ARTICLE 6. INTELLECTUAL PROPERTY
6.1. Legal protection of the Site Content
The Contents of the Site may be protected by copyright and database law. Any representation, reproduction, translation, adaptation, or transformation, in whole or in part, carried out illegally and without the consent of Sibarth Real Estate or its beneficiaries or assigns constitutes a violation of Books I and III of the Intellectual Property Code and may give rise to legal proceedings for infringement.
6.2. Contractual protection of the Site Content
The Internet user contractually undertakes to Sibarth Real Estate not to use, reproduce or represent, in any way whatsoever, the Site's Content, whether or not it is protected by intellectual property rights, for any purpose other than for reading by a robot or browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.
ARTICLE 7. FINAL PROVISIONS
7.1. Applicable law
The present general conditions are subject to the application of French law, subject to the possible imperative rules of the country of residence of the consumer Internet user.
7.2. Changes to these Terms and Conditions
These general conditions may be modified at any time by Sibarth Real Estate. The general terms and conditions applicable to the Internet user are those in force on the day he/she connects to the present website.
7.3. Entirety
The invalidity of any provision of this Agreement shall not invalidate the remaining provisions of the Agreement or the Agreement as a whole, which shall remain in full force and effect. In such a case, the parties shall, to the extent possible, replace the invalidated provision with a valid provision corresponding to the spirit and purpose of this Agreement.
7.4. Non-waiver
The failure of Sibarth Real Estate to exercise its rights hereunder shall in no way be construed as a waiver of such rights.
7.5. Telephone canvassing
The Internet user is informed that he has the possibility of registering on the opposition list to telephone canvassing at the address https://www.bloctel.gouv.fr.
7.6. Languages of these terms and conditions
The present general conditions are proposed in English.
7.7. Abusive clauses
The stipulations of the present general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.
