These General Conditions of Use ("GCU") govern access to the website at www.lecollectionist.com/en (hereinafter "the Website"), which is operated by LE COLLECTIONIST, a simplified joint stock company (société par actions simplifiée), with capital of €1,020,710.70, registered with the Paris Trade and Companies Registry under number 789 370 152, whose registered office is located at 65 rue de la Victoire, 75009 Paris, (hereinafter “LE COLLECTIONIST”, “We”, “Us”, “Our”) and the use of the services and features resulting therefrom, as well as their conditions of use by any person ("User", "You", "Your").
Tel.: (+33) 173-030-202.
Atout France Registry no.: IMO7524001
VAT no.: FR95789370152
Financial guarantee for tourism operators guaranteeing all funds deposited: APST, 15 AVENUE CARNOT, 75017 PARIS, FRANCE
Professional liability insurance for tourism operators: MMA IARD (SIREN 440048882), 160 RUE HENRI CHAMPION, 72030 LE MANS CEDEX 9, FRANCE
Le Collectionist has business license no. CPI 7501 2015 000 002 893 allowing it to provide the services offered in accordance with the provisions of Law no. 70-9 dated January 2, 1970 and Decree no. 72-678 dated July 20, 1972.
The Website's publishing manager is Max Aniort.
The Website is hosted by Heroku (Salesforce), whose registered office is located at The Landmark@ 1 Market Street, Suite 300, San Francisco, California, 94105, USA and whose telephone number is (+1) 415-901-7000.
The Services offered on the Website are provided "as is" and are governed by these General Conditions of Use.
1. Acceptance and enforcement of the GCU
The provisions of these GCU apply to all use of the Services by the User, especially if You visit the Services, regardless of Your status (private individual or professional), the place where You are located, the means of connecting to the Services, the reason for and purpose of Your access to the Services.
Consequently, You agree to read the GCU before using the Services. By using any or all of the Services, it shall be deemed that You have read and accepted these GCU. You agree to comply with the provisions of these GCU each time you use the Services.
2. Access to the Services
The User is hereby informed of the risks inherent in using the Internet, especially in relation to:
- lack of security in data transmission.
- non-guaranteed continuity in accessing the Services.
Under no circumstances shall We be held responsible for these risks and their detrimental results, regardless of their extent, for the User.
It is each User's responsibility to take all appropriate measures to protect their own data, software and hardware from contamination by computer viruses or other forms of attack that may be transmitted via the Services or published information.
The User is and remains responsible for the means of accessing the Services and the results thereof. Such access may involve paying connection fees to technical service providers such as Internet service providers, electronic communications, or telephone operators. These costs shall be borne by the User. In addition, the User is and shall remain fully responsible for providing and using the equipment required to access the Services.
The User may not exploit any difficulty in accessing the Services to gain access to information in violation of these GCU.
3. User rights and obligations
The User of the Services acknowledges that they have the necessary skills, hardware, and software to access and use the Services.
The User agrees to comply with the provisions of the GCU and all applicable laws and regulations when using the Services.
Please note that the acts of fraudulently accessing or remaining in a computer system, of hindering or distorting the operation of such a system, or of fraudulently entering or modifying data in a computer system constitute offenses punishable by criminal penalties.
In particular, the User agrees to:
Not compromise, damage, deactivate, overload, disrupt, or interfere with the security or operation of the Services or the information and operating systems of Le Collectionist or any of its service providers.
Not interfere with the normal operation of or make fraudulent use of the Services in any manner or form whatsoever.
Not use or permit the use of the Services in an improper or unlawful manner, for unlawful, fraudulent, or malicious purposes; including but not limited to hacking the Services or introducing malicious code, including viruses, or harmful data into the Services, using any system, device, or program to extract data or information from the Services or Le Collectionist’s servers, sending or storing material containing computer viruses, worms, Trojan horses, or other harmful code, files, scripts, bots or programs, interfering with or impairing the integrity or performance of the Services and the data contained therein, or attempting to gain unauthorized access to the Services or its associated systems or networks.
4. User Liability
The User of the Services is liable for damages of any kind, whether physical or property damage, direct or indirect, caused to any third party, including Le Collectionist, as a result of the unlawful use or exploitation of the Services themselves and/or any of their features, regardless of the cause and place of occurrence of said damages, and shall hold Le Collectionist harmless against any and all claims or legal actions that may be brought against it as a result.
Le Collectionist may not be held liable for any damage or loss of any nature whatsoever, directly or indirectly resulting from a breach by the User of these GCU.
In the event of a breach by the User of any of the provisions of the GCU, Le Collectionist reserves the right to temporarily or permanently suspend access to and use of the Services without prior notice. The User may be held civilly and/or criminally liable in the event of failure to comply with applicable regulations and with these GCU.
5. Le Collectionist's Liability
The purpose of the Website is to:
Showcase the destinations and homes offered for seasonal rental by Le Collectionist.
Enable interested users to request to be contacted in order to obtain more information about a property and/or to reserve it.
Allow owners wishing to offer a property for rent on the Website to fill in a form in order to be contacted.
Le Collectionist has taken the utmost care in operating and maintaining the Services.
Nevertheless, Le Collectionist makes no representations or warranties that access to the Services will be uninterrupted, easy, reliable, correct, complete, satisfactory, or timely.
Le Collectionist makes every effort to provide accurate and up-to-date information on the Services. Le Collectionist reserves the right to modify or update the content and features of the Services at any time without notice.
Le Collectionist cannot guarantee the total reliability, accuracy, exhaustiveness, veracity, or updating of the content of the Services.
The User is encouraged to notify Le Collectionist of any information that they believe to be inaccurate and, where appropriate, to suggest any improvements that they feel would be useful.
Le Collectionist makes every effort to ensure that the User has access to the Services at all times and that the Services operate at a reasonable level and are reasonably available.
Nevertheless, Le Collectionist does not guarantee the continuity, availability, or stability of the Services. Access to the Services may be interrupted for any reason that is beyond Le Collectionist's control, including due to the uncertainties of the Internet network, in the event of a force majeure event, maintenance, updates or technical improvements, or to change the content and/or presentation of the Services.
Access to the Services is provided "as is". Le Collectionist shall not be held liable for any damage that does not result from a breach by Le Collectionist of these GCU or from a proven wrongdoing by Le Collectionist.
In any event, Le Collectionist shall not be held liable for any indirect damage resulting from:
The use of the Services, including any operating loss, financial or commercial loss, loss of programs and/or data, especially in the User's information system, or threats such as computer viruses, bugs, malicious code, Trojan horses, logic bombs, worms, and other anomalies that may occur on the Internet.
The content of the Services and/or the use of websites linked to the Services or to which Users may have access via the Services.
The impossibility to access the Services, the non-functioning or poor conditions of use of all or part of the Services, for any reason whatsoever.
Omissions and/or errors that may be contained in the Services and any other element of the Services.
The GCU set out all of Le Collectionist's obligations and responsibilities and Le Collectionist shall not be bound by any other express or implied warranty to the User.
6. Hyperlinks
Hyperlinks to the Services:
The User of the Services may not set up hyperlinks to the Services without Le Collectionist's express, prior consent, and provided that they point to the home page of the Services without duplicating the home page or any other page or part of the Services.
Requests for creating hyperlinks to the Services should be sent by email to: legal-information@lecollectionist.com
You agree not to:
Insert a link to the Services from a service that You are not the publisher of.
Delete, modify or alter, in any way whatsoever, the size or appearance of Le Collectionist's logos or other distinctive signs.
Mislead any other User and/or any third party or create confusion as to Your relationship with Le Collectionist.
Present false, misleading, disparaging or deceptive information about Le Collectionist.
Use Le Collectionist's trademarks, logos, or other distinctive signs without Le Collectionist's express, prior written consent.
Le Collectionist expressly reserves the right to revoke the authorization granted under the terms of this Article and to take any appropriate action in the event of a breach of the provisions of this Article.
You may be held liable for any damages related to or resulting from said breach.
Hyperlinks available in the Services:
Le Collectionist may include in its Services links to websites belonging to third parties or to third-party services not operated by Le Collectionist.
Please read the disclaimers and terms of use of these websites.
Le Collectionist has no control over these external websites and services, does not contribute in any way to developing the content and/or any element appearing on all or part of these third-party websites or services, does not evaluate or verify the relevance, accuracy, completeness, or updating of this information.
Consequently, Le Collectionist cannot be held liable for their content.
You acknowledge that Le Collectionist does not endorse, warrant, or guarantee any or all content and/or materials on any or all such third-party websites or services.
If You click on these links to third-party websites or services, You leave the Services and agree to use the services of said third parties at Your own risk or, as the case may be, in accordance with their terms and conditions.
It is the User's responsibility to take the necessary precautions to ensure that the websites visited are free of computer viruses. Le Collectionist shall not be held liable in any way for the presence of computer viruses on third-party websites or services.
7. Intellectual Property
Le Collectionist Content:
All elements making up the Services, including but not limited to its general structure, all data, information, texts, files, animated or still images, presentations, databases, graphics, icons, photographs, maps, logos, videos, sounds, trademarks, distinctive signs, designs, models and software (“Le Collectionist Content"), constitute the exclusive intellectual property of Le Collectionist or its partners, and are protected by the French Intellectual Property Code and by international laws and treaties relating to the protection of copyright and intellectual property.
Users are only authorized to view the information provided online and to use the features offered.
All reproduction rights are reserved, including for downloadable documents. All Le Collectionist Content appearing in the Services may not, in accordance with Article L.122-4 of the French Intellectual Property Code, be fully or partially represented or reproduced on any medium whatsoever without Le Collectionist's or its rights owners' express prior consent.
The User is therefore prohibited from distributing, broadcasting, representing, modifying, copying, storing, renting, reproducing, or otherwise exploiting, in whole or in part, Le Collectionist Content, without Le Collectionist's or its rights owners' express prior written consent, whether free of charge or in return for payment, or for the benefit of a third party, by the User or by a third party, regardless of the media and means used, whether known or unknown to date, except for strictly personal purposes related to the use of the Services, excluding any professional or lucrative use, subject to respecting Le Collectionist's rights.
Failure to comply with this prohibition constitutes an act of counterfeiting which may lead to the perpetrator being held civilly and/or criminally liable. Le Collectionist reserves the right to take legal action against any person who violates this prohibition.
Similarly, it is strictly forbidden to use or reproduce the name "Le Collectionist" and/or its logo, alone or in combination, in any capacity whatsoever and on any medium whatsoever without Le Collectionist's prior written consent.
Therefore, for any request to reproduce Le Collectionist Content, please send an email to: legal-information@lecollectionist.com
8. User Content:
Users' comments and/or ratings published on the Services may be accompanied by contributions sent by Users who have used Le Collectionist for their stay, which relate exclusively to their trip and may concern the premises, staff, and any Services offered ("Contributions").
The Contributions may be reproduced, posted online, and distributed to the public, including in the form of photos, illustrations, films, and videos, subject to Le Collectionist's service providers' prior consent.
Le Collectionist benefits from a right to use, reproduce, and represent any Contribution provided by the User, whatever its nature and medium, free of charge on all types of media and for all types of use in relation to the purpose of the Services, such as the illustration of articles or promotional purposes, for the duration of the intellectual property rights.
The User shall hold Le Collectionist harmless against any legal action, claim, complaint, or objection from any person whom the Contribution provided may have infringed an intellectual property right or constituted an act of unfair and/or parasitic competition. The User also warrants that the Contribution does not violate any applicable laws or other provisions relating to libel, insult, privacy, image rights, or public decency.
9. Changes to the GCU
Le Collectionist may change the content of the Services or the terms of these GCU at any time and/or temporarily or permanently cease to operate all or part of the Services at any time without notice.
The User is therefore encouraged to check the latest version of the GCU each time they visit the Services in order to be aware of these new conditions.
In any event, browsing the Services or any other use of the Services implies the User's acceptance without reservation of the latest version of the GCU.
Le Collectionist will notify the User, by any means and especially by email or by posting on the Services, of any significant amendment to the GCU likely to have an impact on the terms and conditions for providing Services subscribed to by the User and which have not yet been fully provided, or of any significant amendment to the Data Protection and Cookies Policy.
10. Applicable Law and Jurisdiction
French law is applicable to the GCU and the Services, notwithstanding multiple defendants and subject to international public policy rules on consumer protection.
In the event of a dispute with Le Collectionist relating specifically to the provisions of the GCU, including the Data Protection and Cookies Policy, the User may contact Le Collectionist by mail at Le Collectionist - 65 rue de la Victoire, 75009 Paris, FRANCE, or by email at myprivacy@lecollectionist.com. In this case, Le Collectionist and the User shall make every effort to reach an amicable solution first.
Any dispute resulting from the GCU which cannot be settled amicably under the above conditions will be referred to the court having jurisdiction.
Miscellaneous Provisions
Agreement on evidence
The document reproducing the GCU is stored on a durable medium in the form of an image under generally accepted reliable security conditions. The User may save the GCU electronically or print them out on paper at any time. In this respect, the GCU are considered evidence of the communications and agreement between the User and Le Collectionist. The User acknowledges that the evidential value of this document cannot be called into question by the mere fact of its form, especially its electronic form.
No Waiver
Le Collectionist's failure at any time to require full performance of any or all of the provisions of the GCU shall in no way affect Le Collectionist's right to enforce them at a later date.
Partial Invalidity
Should any part of the GCU be declared illegal, invalid, or unenforceable for any reason whatsoever, the provision or provisions in question shall be declared non-existent and the remaining provisions shall remain in full force and effect and continue to be enforceable.
Any provisions declared non-existent will be deemed to have been replaced by provisions that most closely correspond to the content of the canceled provision and to Le Collectionist's original intent.
Questions and Contacts
If You wish to receive further information about the Services, or if You wish to add to, modify, or delete Your personal data, or if You have any other questions, please contact Us by email at the following address: contact@lecollectionist.com or by mail at: Le Collectionist - 65 rue de la Victoire, 75009 Paris, France.
The team at Le Collectionist would like to thank you for reading the General Conditions of Use and hope you enjoy your visit to our website.
Copyright © Le Collectionist 2024