Terms and Conditions of Sale and Use
1) Definition
Advertisement: refers to all elements (texts, photos, videos...) submitted by an Advertiser under their exclusive responsibility on the LavishCaribbeanEstates platform for the purpose of selling, buying, or renting property, offering or searching for a service, or meeting other people.
Advertiser: refers to any person (individual or professional) using the LavishCaribbeanEstates platform to submit an Advertisement for the purpose of selling, buying, or renting property, offering or searching for a service, or meeting other people.
User: refers to any visitor accessing the LavishCaribbeanEstates platform via the internet.
Pro Account: refers to a secure and personal space in which an Advertiser, whether an individual or professional, can submit and manage their Advertisements. They have the option to subscribe to a discounted credit pack.
2) Purpose
These General Terms and Conditions establish the contractual conditions applicable to purchases, payments, and the use of the LavishCaribbeanEstates platform.
3) Acceptance
Any use of the LavishCaribbeanEstates platform constitutes full acceptance of these General Terms and Conditions of Sale and Use.
4) Prices
- Prices are indicated in the currency chosen by the user.
- Payment currency is based on the user's choice and the platform's payment acceptance capabilities (Paypal or Facebook).
- The currency conversion rate used is that of the previous day's rate (source: open source Exchange Rates).
- LavishCaribbeanEstates reserves the right to modify its prices at any time.
5) Payments
- Payment is made before the Advertisement is published on the site. It can be made by credit card, PayPal account, or Facebook Credits.
- Transactions are processed by the service providers PayPal or Facebook according to the Advertiser's choice. No refunds are possible after payment confirmation. Each transaction will be subject to a receipt or invoice issued and sent directly by the selected service provider.
Payments can occur in 3 cases:
Subscription to paid options:
- Subscribing to one or more paid options is accessible to all Advertisers at the same price.
- A paid option is subscribed to for a single Advertisement only. Multiple paid options can be subscribed to simultaneously or not.
- A paid option can be subscribed to when submitting the Advertisement, during its broadcast period, or when renewing it.
- Each option has a specific duration indicated at the time of subscription. The option extends the Advertisement's duration by its validity period.
- In case of early withdrawal of the Advertisement (either by the Advertiser or by LavishCaribbeanEstates due to abusive content), expiration of its validity, or expiration of the subscribed option, no refund is due for the remaining duration of the paid option(s).
- Renewing an Advertisement does not extend the duration of the subscribed paid option(s).
- If the Advertisement's broadcast is rejected by LavishCaribbeanEstates due to non-compliance with broadcasting rules, the Advertiser will be asked to modify their Advertisement. If LavishCaribbeanEstates is required to reject the Advertisement before or during its broadcast (due to non-compliance with broadcasting rules or because its content has been legitimately reported as abusive), no refund of the subscribed paid option(s) will be made.
Insertion fees in a paid category:
- Insertion fees may apply based on geographical area, category, and/or Advertiser status. They are payable when submitting the Advertisement.
- These fees are due for the Advertisement's period, i.e., 60 days.
- In case of early withdrawal of the Advertisement (either by the Advertiser or by LavishCaribbeanEstates due to abusive content), no refund is due for the remaining period.
- If the Advertisement's broadcast is rejected by LavishCaribbeanEstates due to non-compliance with broadcasting rules, the Advertiser will be asked to modify their Advertisement. If LavishCaribbeanEstates is required to reject the Advertisement before or during its broadcast (due to non-compliance with broadcasting rules or because its content has been legitimately reported as abusive), no refund will be made.
Purchase of a professional credit pack:
- The Advertiser has the option to subscribe to a discounted credit pack via their Pro Account.
- The credit is non-refundable or exchangeable and can be kept indefinitely.
6) Termination
- The Advertiser can terminate online Advertisements at any time and without notice by selecting the deletion option provided for this purpose.
- A Pro Account user can terminate it at any time and without notice by writing directly to customer service. Considering the credit bonus systems, no refund will be made upon termination if the account is in credit.
7) Commitments and warranty
- The Advertiser certifies that their Advertisement complies with all legal and regulatory provisions in force in their country and for their activity. They must ensure compliance with these General Terms and Conditions of Sale and Use and the Broadcasting Rules.
- The Advertiser guarantees not to infringe the rights of third parties.
- The Advertiser assumes exclusive responsibility for all Advertisements submitted and broadcasted by them on LavishCaribbeanEstates. Consequently, the Advertiser holds LavishCaribbeanEstates harmless from all liabilities. They guarantee LavishCaribbeanEstates against any convictions, legal and extrajudicial fees that would result from a third party and will indemnify LavishCaribbeanEstates for any damages resulting from the breach of this provision.
- The Advertiser undertakes to offer only goods they own or have been entrusted to market. In case of unavailability of the property, the Advertiser undertakes to remove the Advertisement promptly.
8) Limitation of liability
LavishCaribbeanEstates undertakes to implement all necessary means to best ensure the provision of its service.
LavishCaribbeanEstates cannot be held responsible for the breach of contract in the event of force majeure, the action of a third party (including the Advertiser), and the inaccessibility of the site due to network problems.
LavishCaribbeanEstates cannot be held responsible for direct and indirect damage caused to the user's equipment when accessing the LavishCaribbeanEstates site.
9) Applicable law and jurisdiction
These General Terms and Conditions of Sale and Use are subject to French law.
In case of a dispute and in the absence of an amicable agreement, the dispute will be brought before the French courts.
10) Modification of the General Terms and Conditions of Sale and Use
LavishCaribbeanEstates reserves the right to modify, at any time, all or part of these General Terms and Conditions of Sale and Use. Users are advised to consult them regularly.