TERMS AND CONDITIONS FOR THE USE OF TRYNBUY SERVICES

Written by the law firm of South Lex...

ARTICLE 1 - Scope of application

These General Conditions of Use (GCU) apply without restriction or reservation to any use of the TRYNBUY.fr website and the services offered on it.
The TRYNBUY.fr website allows potential property sellers to contact potential buyers in order to temporarily occupy (Test) the property offered for sale (hereinafter referred to as 'the User(s)'). Under no circumstances is the service provided by TRYNBUY.fr intended to be transformed into the provision of accommodation over a long period of time or for residential purposes.
Under no circumstances does the activity of TRYNBUY constitute a real estate activity falling under the provisions applicable to this activity.
The TRYNBUY site provides a simple publication of goods for sale that can be temporarily occupied (Test), but the relations are established directly between the Users. The GCU also apply in the relations of TRYNBUY with the real estate agencies ('the Agency(ies)'). The main characteristics of the Services, are presented on the website www.trynbuy.fr.
Any User or Agency is required to read it before placing an order. The choice of a property and its occupation are the sole responsibility of the Users.
The coordinates of TRYNBUY are as follows: TRYNBUY domiciled
1, rue traversière
31450 BAZIEGE
06 25 81 18 10 or [email protected]
These conditions apply to the exclusion of all other conditions.
These TOS are accessible at any time on the website and will prevail, if necessary, over any other version or any other contradictory document. Unless proven otherwise, the data recorded in the service provider's computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the Data-processing law and Freedoms of January 6, 1978, reinforced and supplemented by the RGPD (general regulation on the protection of the data) entered into force on May 25, 2018, each User has, constantly, a right of access, correction, opposition, deletion and portability of the whole of its personal data by writing, by mail and by justifying of its identity, to TRYNBUY at [email protected] or at 1, rue Traversière 31450 BAZIEGE.
Each User declares having read the present GCU and having accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure. Unless proven otherwise, the data recorded by TRYNBUY constitutes the proof of all the transactions made by TRYNBUY and the Client via the website www.trynbuy.fr.
The validation of the order for Services by the Customer constitutes acceptance without restriction or reservation of these TOS.
Users acknowledge that they have the capacity required to contract and subscribe to the Services offered on the website www.trynbuy.com.
As these Terms and Conditions may be subject to subsequent modifications, the applicable version is the one in force on the website on the date of the agreement between the potential seller and the potential buyer concerning the temporary occupation of the property sold.

ARTICLE 2 - Operations

2-1 About the Agency

The Real Estate Agency requests the creation of an account with TRYNBUY, who will communicate to him, by e-mail, the password to access it. The agency verifies, completes and validates its coordinates. The Agency fills in, under its entire responsibility, the coordinates of the potential seller of the property. The potential seller verifies, completes and validates his details.

2-2 Concerning the Users

The potential buyer can connect to the www.trynbuy.fr website by creating an account. The potential buyer makes the payment (of the test) and accepts the bank imprint for the deposit (defined during the creation of the property by the potential seller and the agency) via "Stripe" on the site www.trynbuy.fr.
TRYNBUY does not own and does not create, sell, resell, provide, control, manage or offer any Advertisements or Services proposed by Users.
The potential buyer shall contact the potential seller directly and together they shall define the modalities of the test in accordance with Article 9 hereof.
Contractual information is presented in French.
The regularity and sincerity of the information appearing on the advertisement published on the site TRYNBUY is the sole responsibility of the potential seller and/or the Agency. In no case the responsibility of the company TRYNBUY could not be sought or retained for the lack of reality of the published advertisements.

ARTICLE 3 - Tariffs

The Test is carried out at the Tariff appearing on the website www.trynbuy.fr.à the page that details the goods, below the calendar according to the dates chosen. The prices are expressed in Euros including all taxes.
In return for the connection thanks to the TRYNBUY platform. TRYNBUY invoices, to the potential seller a commission equal to 25 % before tax if there is no sale, 100 % if sale, VAT in addition, of the amount of the transaction agreed between the potential buyer and the potential seller for the temporary occupation of the property on sale.
The Agency also charges the potential seller or the potential buyer (in the case of a sale after the trial period) a commission agreed between the Agency and the potential seller of between 0% and 75% exclusive of tax of the amount of the transaction agreed between the potential buyer and the potential seller for the temporary occupation of the property for sale.
TRYNBUY deducts these commissions from the amounts paid to the potential seller.
TRYNBUY deducts these commissions from the sums paid to the potential seller or the potential buyer (in the case of a sale after the trial).
TRYNBUY can take a commission on the handling of foreign currencies other than the Euro. The conversion of foreign currencies to the Euro is done by a conversion rate at the time of payment.
TRYNBUY's invoices are not refundable.
The potential seller or the potential buyer (in the case of a sale after trial) accepts that TRYNBUY is mandated to collect the amount of the invoice for the temporary occupation of the property in the name and on behalf of the potential seller or the potential buyer (in the case of a sale after trial).
These tariffs are firm and non-revisable during their period of validity.

ARTICLE 4 - Terms of payment

Prices are expressed in euros including all taxes.
Payments and bank imprints are made by credit card and through an intermediary called "Stripe". The potential buyer must, 2 days before the test, make a bank imprint via Stripe. Failing this, the test will be cancelled and the potential buyer will be reimbursed a sum of 80% (including VAT) of the cost of the test, if the payment has actually been made.
The potential buyer also authorizes TRYNBUY to debit the credit card, in the event that an accommodation would be damaged, via the bank imprint made for the payment of the deposit. This authorization will also cover the cost of a litigation procedure in case of dispute. Any proven damage will be charged to the potential seller.
The potential seller accepts that TRYNBUY is mandated to collect the amount of the invoice for the temporary occupation of the property in the name and on behalf of the potential seller.

ARTICLE 5 - Terms of publication on the site TRYNBUY.fr

TRYNBUY reserves the right to accept or not to accept an advertisement. TRYNBUY reserves the right, at any time and without notice, to withdraw or deactivate access to any ad for any reason whatsoever.
Agencies and potential buyers can only have one account. TRYNBUY reserves the right to suspend or terminate accounts as well as access to the website and the services if the Agencies or potential buyers create more than one account or if the information provided proves to be inaccurate, fraudulent, outdated or incomplete as far as the Agencies, potential sellers or potential buyers are concerned.

ARTICLE 6 - Right of Withdrawal

Legal right of withdrawal

In accordance with the provisions of article l 221-28 of the Consumer Code, the 14-day right of withdrawal does not apply in this case. Indeed TRYNBUY does not provide services of lodging with residential vocation but only the access to a platform presenting announcements of temporary occupation.

Conventional right of withdrawal

The potential seller, or the agency, has the possibility to cancel, we advise a maximum notice period of 48 hours before the start of the Test. The potential buyer will be notified of the cancellation of the test by email to the address given when registering on the TRYNBUY.fr website.

ARTICLE 7 - Responsibility of the Parties

The regularity and sincerity of the information appearing on the advertisement published on the site TRYNBUY is the sole responsibility of the potential seller and/or the Agency. In no case the responsibility of the company TRYNBUY could not be sought or retained for the lack of reality of the published advertisements.
Agencies and potential sellers acknowledge and agree that they are solely responsible for the advertisements and their content. Consequently, they declare and guarantee that any advertisement they publish and any proposal to test the property from the advertisement does not violate any agreement they may have entered into with third parties, such as union council agreements, co-ownership regulations, leases or rental agreements and will comply with all applicable laws (such as planning laws and laws governing residential and other property rentals), tax obligations, rules and regulations that may apply to any accommodation advertised (including obtaining any required permits, licenses and registrations) and will not violate the rights of third parties.
In the same way the company TRYNBUY could in no way be responsible for the conditions of occupation by the potential Buyer of the real estate property at the sale and in particular of all degradations committed by the potential Buyer or which would be ascribable to him.

TRYNBUY advises potential sellers and/or Agencies to take out appropriate insurance for the properties they offer for temporary occupation on the TRYNBUY.fr website.

TRYNBUY considers that the prospective Sellers and the Agencies are aware of and accept any insurance policy that they may have taken out for their property, any exceptions, and any deductible contained therein, including, in particular, whether or not the insurance policy in question covers the acts or omissions of prospective buyers (and persons invited by the prospective buyer to the property, if any) when testing in the property.

ARTICLE 8 - COMPLIANCE WITH LEGISLATION

It is the potential seller's responsibility to comply with national and local laws and regulations concerning the temporary provision of goods and in particular any declaration obligations that may exist in this respect, including the possible obligation to pay a tourist tax.

ARTICLE 9 - RULES OF PROCEDURE FOR TEMPORARY OCCUPATION (TEST)

Arrival and departure

  • Arrival, between 6pm and 9pm
  • Departure, on Sunday, before 1:00 p.m.
  • Possibility of modifying these schedules at the time of the creation of the good subject to acceptance of TRYNBUY.
  • The potential seller or the Agency or a trustworthy person will be present at the arrival of the potential buyer and at his departure in order to provide him with the keys.
  • If the potential buyer is late, not present (partially or completely) for the test, the potential seller and the Agency reserve the right to no longer accept it and the sum corresponding to the total price of the stay will be retained in full. Any rental started is due in full.

Valuables and consumables must be removed or put in a closed and secure room. If the potential seller and the Agency wish to prohibit the use of objects or access to specific areas of the property, they must inform the Agency at the time of the creation of the property (the advertisement). The potential buyer will then be warned and required to respect the conditions.

In order to avoid inconvenience, the potential seller and the Agency are strongly advised to leave their contact details with the potential buyer so that they can reach him/her in case of questions or problems.

The potential seller and the Agency must leave the following emergency numbers with the potential buyer

  • Local emergency numbers
  • Nearest hospital number
  • Potential seller and agency number
  • Samu : 15
  • Police : 17
  • Firefighters : 18
  • European emergency number : 112

The accommodation offered by the potential seller and the Agency for a test must be decent in accordance with the legislation in force and in particular concerning the cleanliness, maintenance and operation of household appliances and contain :

  • Furniture
  • One bedding
  • A gas cooker or hot plates
  • A refrigerator
  • Kitchen utensils

ANY PARTICULAR RISK CONCERNING THE OCCUPATION OF THE PROPERTY MUST BE MENTIONED IN THE ADVERTISEMENT.

During a test, the potential buyer is allowed to enter and use the property for the limited duration of the test in accordance with the agreement between the parties and with respect for the property, the objects that furnish or decorate it and the neighbours. He will occupy the property as a "good father" without at any time his occupation can lead to damage, inconvenience or other inconveniences. Potential buyers must leave the property at the time indicated or stipulated by the potential seller or the agency. If the potential buyer is still in the property after the departure time that has been agreed with the potential seller or the agency, the potential seller or the agency is entitled to give immediate notice to the potential buyer, any resistance will result in a minimum penalty of 500 euros per day, in addition to any costs that may be necessary for eviction.

Damage to property:

  • As potential buyers, they are required to return the property in the condition in which they found it on arrival, they therefore accept responsibility for all their actions and those of any persons or animals they invite or to whom they give access to the property.
  • In the event of a complaint from a potential seller or agency and proven proof, the potential buyer agrees to pay the cost of replacing the damaged items with equivalent items. After having been informed of the complaint and given 48 hours to respond to it, the payment will be debited to the credit card linked to the potential buyer's Trynbuy account.
  • If Trynbuy is unable to charge the registered credit card or otherwise collect payment, the prospective Buyer undertakes to reimburse the prospective Seller and the relevant agency and Trynbuy for any damage caused to the relevant property.
  • The prospective seller and the agency understand and agree that Trynbuy will make a claim under the homeowner's insurance.
  • As a prospective seller, you agree to cooperate to assist Trynbuy in good faith by providing information and taking such steps as may reasonably be required, or signing such documents as may be necessary, in order to proceed with a homeowner's insurance claim.
  • The potential buyer is presumed responsible for any damage, theft or loss that may have occurred in the property during the test.
  • It is forbidden for the potential buyer to engage in illegal or prohibited activities during the test, to carry out dangerous activities, to organize festive events. The use of the property is reserved for a narrow family setting. It will have to respect the neighbourhood and the uses or regulations concerning the property subject to the test.

ARTICLE 10 - Data Processing and Liberties

Pursuant to Law 78-17 of 6 January 1978 amended by Law No. 2018-493 of 20 June 2018, it is recalled that the personal data requested from the parties are necessary for the processing of its needs.
These data cannot be communicated.
The processing of information communicated via the website www.trynbuy.fr. complies with the legal requirements for the protection of personal data, as the information system used ensures optimal protection of this data.
The potential seller, the potential buyer and the agency have, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition to portability and limitation of processing with regard to the information concerning them.
This right may be exercised under the conditions and according to the terms and conditions defined on the website www.trynbuy.fr.

ARTICLE 11 - Intellectual Property

The architecture, presentation and content of the website www.trynbuy..fr. is the property of TRYNBUY and is protected by French and international laws relating to intellectual property. The photos and the text of the advertisements belong to the potential sellers.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offence of counterfeiting.

ARTICLE 12 - Unforeseen

These General Conditions of Use expressly exclude the legal unforeseen regime provided for in article 1195 of the Civil Code. Each party (CAD the potential buyer, the potential seller, the Agency and TRYNBUY) therefore each renounces to avail itself of the provisions of article 1195 of the Civil Code and of the unpredictable regime which is provided for therein, committing to assume its obligations even if the contractual balance is upset by circumstances which were unpredictable at the conclusion of the sale, even if their execution would prove excessively expensive and to bear all the economic and financial consequences.

ARTICLE 13 - Force majeure

The Parties cannot be held liable if the non-performance or the delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
The Party noting the event must without delay inform the other party of its impossibility to perform its service and justify it to it. The suspension of obligations may in no case be a cause of liability for non-performance of the obligation in question, nor cause the payment of damages or penalties for delay.
The performance of the obligation is suspended for the duration of the force majeure if it is temporary. Consequently, as soon as the cause of the suspension of their reciprocal obligations has disappeared, the Parties will make every effort to resume as soon as possible the normal performance of their contractual obligations. To this end, the prevented Party will notify the other of the resumption of its obligation by registered letter with request for acknowledgment of receipt or any extrajudicial act. If the impediment is definitive, the present will be purely and simply resolved.

ARTICLE 14 - Applicable law - Language

These General Conditions of Use and the operations arising therefrom are governed by and subject to French law.
These General Conditions of Use are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.

ARTICLE 15 - Disputes

All disputes to which the operations concluded pursuant to these T & Cs could give rise, concerning both their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have been resolved between the potential seller and the potential buyer will be subject to the competent courts under the conditions of ordinary law. In the event of a dispute between professionals, the TOULOUSE Commercial Court will have jurisdiction in first instance and the TOULOUSE Court of Appeal in second instance.
Individuals are informed that they can in any event have recourse to conventional mediation, in particular with the Commission for Consumer Mediation (C. consum. art. L 612-1) or with the authorities of existing sectoral mediation, and whose references appear on the website www.trynbuy.fr. or any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.

ARTICLE 16 - Pre-contractual information - Customer acceptance

Each party acknowledges having been informed, prior to placing an order and concluding the contract, in a legible and understandable manner, of these T & Cs and all the information listed in article L. 221-5 of the Consumer Code, and in particular the following information:

  • the essential characteristics of the Services, taking into account the communication medium used and the Service concerned;
  • the price of the Services and related costs;
  • information relating to the identity of TRYNBUY, its postal, telephone and electronic contact details, and to its activities, if they are not apparent from the context,
  • information relating to legal and contractual guarantees and their implementation methods;
  • the possibility of resorting to conventional mediation in the event of a dispute;
  • information relating to the right of withdrawal (no legal right of withdrawal, existence of a conventional right of withdrawal, conditions, time limit, procedures for exercising this right), the terms of termination and other important contractual conditions.
  • the means of payment accepted.

The fact for a natural (or legal) person to order on the website www.trynbuy.fr implies full acceptance and acceptance of these T & Cs and obligation to pay for the Services ordered, which is expressly recognized by a party, which waives, in particular, to avail itself of any contradictory document, which would be unenforceable against TRYNBUY.

ARTICLE 17 - Objects of the guarantee and nature of the goods insured

Intervenes in addition to or in default of the guarantees that the tenant would have taken out elsewhere.

What is guaranteed:

Material damage to insured property resulting from the following events:

  • Fire, and explosion
  • Water damage
  • Theft
  • Glass breakage
  • Additional material damage

Are guaranteed: Houses / apartments for residential use. These are furnished villas, apartments or studios, occupied by potential buyers, having reserved via the site www.trynbuy.fr and who carry out a temporary occupation there characterized by a short-term availability (test over a few days). Insured premises may include outbuildings with a total area not exceeding 200 m2, garages and cellars even if they are located at a different address from the place insurance, provided they are located less than 2 kilometers away.

The following are excluded:

  • The hotels
  • Buildings classified as historic monuments or inventoried
  • High mountain chalets (inaccessible to emergency and fire fighting vehicles for at least part of the year).

They cannot be used as a main dwelling, and the occupant may not practice a commercial, craft or professional activity there.

The indoor and or outdoor spaces made available as part of the provision → Regarding outdoor spaces, the following real estate is guaranteed:

  • The constructions, real estate developments located outside (decorative elements, porticoes, patios, terraces, garden sheds, technical rooms, integrated watering system ...),
  • Tarpaulins and blinds sealed to the wall of buildings, meeting current standards,
  • Sealed greenhouses not used for commercial purposes,
  • The tennis courts and their fence.
  • The water equipment located outside (swimming pools, spas, jacuzzis) including:
  • Their electrical devices such as the pumping, heating or water purification system, including robots and vacuum cleaners used for its maintenance.
  • Their protective elements such as domes, protective barriers, alarm systems, curtain covers, when they meet the standards in force.

The content of the provision The amount of content insured for each of the guarantees made available is limited to the capital insured under specific conditions. Valuables and renter's funds and values ​​are excluded. The following are also excluded: All other real estate and furniture Plantations, trees and shrubs The field and the lawn Plastic tunnel greenhouses

ANNEX I - WITHDRAWAL FORM

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.trynbuy.fr ...... except exclusions or limits to the exercise of the right of withdrawal according to the General Conditions of Sale applicable.
For the attention of .................................. ....... ............... .................
- Order of ”Date”
- Order number: ........................................ ...................
- Name of Client: ......................................... ..................................
- Customer address: ......................................... ..............................
Signature of the Client (only in the event of notification of this form on paper):