General Terms and Conditions of Use

Preamble

habx

’s ambition is to be the meeting point between future buyers and developers to allow a constructive dialogue and living spaces adapted to the real expectations of residents.

Thanks to this website, future residents can, in a secure environment, find where to live and then share their intentions and needs for their future housing. They define the typology and layout online in line with the project and their budget.

The purpose of these General Terms and Conditions of Use (hereinafter referred to as “T&Cs”) is to define the terms and conditions for access to the website habx.com (hereinafter referred to as the “site”) and the conditions of use by any Internet user (hereinafter referred to as the “user”). Any connection and navigation on our site constitutes, for the user, an unreserved acceptance of all these T&Cs and the site’s Privacy Policy, which forms an integral part thereof, and is subject to compliance with these conditions by the user.

Definitions

Personal account: account created by a user, including his identity elements and identifiers, allowing him to access the services of the platform.
Reservation contract: preliminary sales contract in the future state of completion.
Security deposit: sum deposited by the Reservant, within the time limits and conditions provided for under the terms of the Reservation Contract, and intended to guarantee it.
Username: the user’s email address used to identify him/her and access the services on our site.
Project: description of a real estate program available on the platform.
Contracting authority: this is the owner of the land who will decide on the programming of the project and who is in contact with the architect (the project manager) of the operation as well as the companies in charge of its implementation. It is the seller in the future state of completion.
Password: a word or series of characters used as a means of authentication to prove identity when accessing a personal account. It must be kept secret to prevent unauthorized third parties from accessing the personal account.
habx platform or platform: the habx.com website, allowing the programming and customization of the housing by the user.
Price: the price of the real estate mentioned in the VEFA deed is firm and definitive. The price indicated on the habx.com website and in the booking contract is provisional and indicative.
Real estate programme or project: a building complex presented on the
habx
platform, within which users can configure their future housing.
Prospect: user wishing to buy a property in the future state of completion and having shown an interest in one of the projects presented on our site.
Reservist: Prospect who has signed a reservation contract.
Services: Specific features of the platform, including the ability to configure your future online accommodation and the “find where to live” feature.
User: Internet user browsing on habx.com and, by the same token, subject to the present T&C.
Buying off plan (VEFA): The sale in the future state of completion is the contract by which the seller immediately transfers to the buyer his rights on the land as well as the ownership of the existing buildings. Future works become the property of the purchaser as they are carried out; the purchaser is required to pay the price as the work progresses.

Legal information

The site is published and owned by

VILLE POUR TOUS
SAS
817 687 148 - RCS Paris
12 rue Vivienne, 75002 Paris - France
01.76.44.03.11
Transaction card on buildings and business assets: CPI 3301 2017 000 017 690
RC N°094 000 6748

The director of publication is

Mr. Benjamin DELAUX

The site is hosted by

Amazon Web Services Inc.
410 Terry Avenue North, Seattle, USA
aws.amazon.com
Hosting on data centres in Ireland and Germany.

Access conditions

Costs and expenses

The site is accessible free of charge to any user with Internet access. All software and hardware necessary for the use, operation of the site’s services, or access to the Internet, with the exception of services offered directly by the site, are at its expense. He is solely responsible for the proper functioning of his computer equipment and his access to the Internet.

The publisher, i.e. VILLE POUR TOUS (hereinafter referred to as “

habx

”) reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the site, in order to ensure its maintenance, or for any other reason, without the interruption giving rise to any obligation or compensation.

Any event due to a case of force majeure resulting in a malfunction of the network or server does not engage

habx

’s responsibility.

Registration procedures and creation of a personal account

Access to the platform Services requires online registration, including the creation of a Personal Account on the website. By registering with

habx

platform, the user provides a valid and personal email address and a strictly personal and confidential personal password, without infringing the rights of a third party.

All users undertake to provide accurate information as to their identity, address and other data necessary for access to the Services, so as not to mislead

habx

or third parties, and to update any changes relating to this information. He undertakes not to create or use any accounts other than the one initially created, whether under his own identity or that of third parties, unless expressly and specifically authorised by

habx

. It is up to him to take all necessary measures to protect his data against any breach.

By registering online and creating a Personal Account, the user agrees to receive all types of information relating to

habx

’s activity: platform news, launching new programs, proposing new services, monitoring the progress of the project for which he or she has, if applicable, chosen to register.

The user also agrees to be contacted directly by employees or

habx

service providers, by telephone or by e-mail, in order to specify his real estate project or as part of satisfaction surveys and site improvement.

The user agrees that his identity and his acquisition project may be communicated by

habx

to his partners, banking or financial institutions, so that they may contact them in order to support them in their real estate acquisition project.

Of course,

habx

will have to transmit the identity of its prospects to the project owners, sellers in the future state of completion of the projects, whom the users have decided to join.

At the same time,

habx

declares that it is putting in place all the means at its disposal to guarantee the security and confidentiality of the data transmitted. The elements relating to the protection of personal data are detailed in the Privacy Policy page that the user knows and has accepted by continuing to browse the habx.com site.

The user must also comply with the following rules, without prejudice to the above:

Not to harass other users of the site or to make slanderous, defamatory or racist statements on the site, and more generally, in violation of French legal or regulatory texts in force, the rights of individuals, public order and morality;
Not obtain information about other users, either manually or by automated methods, or access an account belonging to another user;
Do not download viruses or other code that may compromise the operation of the site.

Duration and termination

The period of validity of a user’s registration on the site expires three (3) years after its last use. The user expressly acknowledges that

habx

may, ipso jure, without notice or compensation, terminate all or part of the services provided. The user may decide at any time to delete his account by sending a written request by email to the following address: privacy@habx.fr.

habx

may, in the same way and without prejudice to any damages, or action against a user, automatically terminate or suspend, without prior notice, his account and proceed to its deactivation in the event of serious and/or repeated violation(s) of the provisions of these T&Cs, in particular in the event of inaccurate information, identity theft, attempted fraud, or any other criminal offence. In this case, the user will not be able to invoke any costs incurred by him/her in connection with the use of the site’s services.

Services offered by the site

The main purpose of the habx.com site is to allow:

It is up to the future inhabitant to find out where to live and to define online the desired characteristics for his future home;
It is up to project owners and developers to be informed of the needs and demands of future residents in order to design suitable real estate programmes.

Selection of one or more research territories

The user enters the criteria, particularly geographical criteria and the services he or she wishes to find near his or her future home.

Thanks to an algorithm designed by

habx

, the user is offered a list of territories likely to meet his criteria. The user can explore the recommended territories and create alerts on the sectors of his choice.

By creating an alert, the user agrees to be contacted directly by the

habx

platform, by any means, to inform it of the launch of a real estate program located near the territory targeted by the alert.

In order to enable real estate developments to be built where demand on the site is high,

habx

reserves the right to disclose the information collected to third parties without revealing the identity of the user.

Selection of a real estate project

Each page of a project describes it, indicating in particular, without this list being exhaustive or imperative:

The location of the residence and its main characteristics;
The shared spaces that may be proposed;
The estimated delivery date of the program;
The name of the architect in charge of the project management;
If applicable, the name of the promoter in charge of the project management;
Information about the facilities and amenities located near the residence;
Information on the location municipality, etc.

The user must have created a personal account in order to join a project.

By joining a project, the user agrees to be contacted directly by

habx

or one of its service providers by any means (including email, post, telephone or chat), in order to collect additional information on his project and situation.

Configuration of the housing

In order to allow the user to describe his rooms and the main characteristics desired for his future housing, the

habx

platform includes a housing configuration tool, hereinafter referred to as the “form”.

This form proposes to the user to select standard rooms, defining a function and an average living space, which will compose his future housing. This information will allow

habx

to take into account, as much as possible and in a discretionary manner, the user’s expectations in its statistical work to enable the architect to design the real estate program. It does not imply any commitment on the part of

habx

to propose to the project owner a programming identical to the configuration carried out by the user on the website.

Typical spaces are illustrated by isometry. This is displayed for information only and has no contractual value.

When the form is completed, a provisional, average and estimated price is indicated to the user as well as several quantified examples of housing programming. If necessary, at the end of the configuration carried out by the user, on certain projects, it will be proposed to the user to select his location preferences as well as to visualize the proposals for the interior layout of the resulting dwelling.

Under no circumstances are these proposals and prices final, they are only indicative and do not engage the responsibility of

habx

or its partners involved in the Project in question.

By validating its configuration or layout, the user agrees to

habx

transmitting the content of its profile and preferences to its service providers, and in particular to the owner and prime contractor of the real estate programme, as well as to

habx

’s partner financial institutions.

Once the configuration has been validated, it is no longer possible for the user to modify it on his personal space.

When the configuration is validated, to be eligible to book a dwelling, the user must then send to HABX in a dematerialized form any document required by law and in particular:

Its certificate of financial capacity, provided by its bank or
habx
’s partner bank, demonstrating that the user has sufficient financial resources to acquire the property at the proposed price,
His identity documents,
His proof of residence,
His last tax notice justifying his income,
Its property tax, if financed by the resale of a property,

The priority user for booking accommodation is, as far as possible, the one whose configuration corresponds to a sales plan already produced by the contracting authority and therefore corresponding to the expectations of the City, or failing that, the closest to them. The responsiveness of other users will be decisive for the design of their plan and the reservation of the corresponding accommodation.

Booking accommodation

The first legal step to acquire the property is to sign a preliminary reservation contract for a sale in the future state of completion. This contract is necessarily signed between the Reservist and the Contracting Authority.

habx

is not a party to this event.

Personalization of the dwelling

In general, and with few exceptions, the

habx

approach allows the occupants of a dwelling to customize its configuration by adjusting its layout.

The methods of personalization, validation of plans and their consequences are provided for when booking accommodation.

Authentic deed of sale in the future state of completion

The authentic deed of sale in the future state of completion will be received by the notary of the project as from the fulfilment of the conditions that will be stipulated in the reservation contract.

Prices

The price indicated on the habx.com website corresponds to a provisional and provisional global price, all taxes included (according to the VAT rate applicable to the operation and specified on the project concerned). It does not necessarily correspond to the average price per square metre indicated in the presentation of each project, which varies according to the orientation, typology, floor, etc., of each dwelling. This price therefore does not constitute an offer to sell.

The sale price of a property is indicated in the booking contract and may be adjusted according to the provisions of the booking contract and the specific and additional requests of the bookers.

Elements, content, illustrations - no contractual scope

The estimated delivery times are indicated in the reservation contract and specified or confirmed in the authentic deed of sale in the future state of completion.

The elements, contents and comments must not be of such a nature as to prejudice the legitimate interests of third parties, whatever they may be.

The site is a space of freedom, in compliance with the regulations in force. Photographs, illustrations, graphics and plans illustrating the programs are not part of the contractual scope. If errors are made,

habx

can never be held liable.

The characteristics and price estimates of housing, although subject to particular attention, are communicated subject to availability or market developments at the time of their consultation.

Intellectual property

The general structure, software, texts, animated or still images, know-how, drawings, graphics and any other element composing the site are the exclusive property of

habx

. They are protected by the provisions of the French Intellectual Property Code or by any right recognized by French and international legislation in force.

Any representation and or reproduction, or total or partial exploitation of the contents and services offered by the site, the brands present on it, or the databases appearing on it (of which

habx

is the producer or owner), by any means whatsoever, without the express prior authorization of

habx

, is strictly prohibited and may constitute an infringement within the meaning of Article L. 335-2 and following of the French Intellectual Property Code.

The user undertakes to use the contents of the site in a strictly private context. The use of the contents for commercial purposes is strictly prohibited.

Hypertext links

Any link, of any kind, from the

habx

site to another website is strictly prohibited.

Consequently, no transfer, distribution, total or partial insertion on another website may be made without the express prior authorization of

habx

. The site provides hypertext links to websites published by third parties for information purposes. However, it is specified that the establishment of these links does not in any way imply the approval of

habx

for the content of these sites.

Indeed,

habx

cannot constantly check the content of these websites and therefore cannot guarantee the accuracy, reliability, relevance, updating or completeness of their content, access and proper technical functioning.

Consequently,

habx

declines all responsibility for the content, advertising, products, services or any other material available on or from these external sites or sources, as well as in the event of any dispute between a site referenced on the site and the user. These sites are subject to their own terms of use.

Exclusion of warranty and liability

habx

expressly excludes, to the fullest extent permitted by applicable law, all express, implied and statutory warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

habx

has an obligation of best endeavours in terms of the safety, reliability, timeliness and performance of its services.

The company may not be held liable in the event of total or partial non-compliance with an obligation and/or failure of the operators of transport networks to the Internet, in particular its access provider(s) and hosters.

habx

accepts no liability of any kind whatsoever with regard to:

The deletion, inability to store, incorrect or inappropriate transmission of information or data on the site or resulting from the services;
The costs incurred by loss of profits and/or loss of data;
The performance or non-performance of the site’s services or the information or programs that appear in the proposed results;

site

of data;
The form or content of the information posted online on its spaces by the user.
These limits of liability shall apply in such a way as to prevent claims for direct or indirect or incidental damages, regardless of the cause of such damages (including damages suffered by third parties).

In the event that

habx

’s liability is sought due to a breach by a user of his obligations under the law or these T&Cs, the user undertakes to indemnify

habx

against any sentence imposed on him, this indemnity covering both the compensation that may be paid and the costs.

habx

reserves the right to suspend or stop the broadcasting of the site without being required to pay users compensation of any kind whatsoever.

Any use of the service by the user resulting directly or indirectly in damage must be compensated to

habx

The site cannot be held liable in the event of force majeure or the unforeseeable and insurmountable event of a third party.

Use of cookies

The user is informed of the use of cookies by

habx

on the Privacy Policy page.

Modification, evolution and update

The publisher, i.e. VILLE POUR TOUS (hereinafter referred to as “

habx

”) reserves the right to modify and update these T&Cs at any time, without notice or compensation, in order to adapt them to changes in the site and/or its operation, in particular to comply with any legal, jurisprudential, editorial and/or technical changes. Users are therefore advised to refer, before any use, to the latest version of the T&Cs accessible at any time on the site. In the event of the user’s disagreement with these T&Cs, no use of this site may be made by the user.

habx

also has the right to modify, supplement, update or delete any aspect of the site at any time without notice or compensation.

habx

reserves the right to refuse access to the site, unilaterally and without prior notice, to any user who does not comply with these T&Cs.

Applicable law and allocation of jurisdiction

The site and these T&Cs are governed by French law, regardless of where they are used.

Any dispute related to the interpretation and/or application of these conditions must, in the first instance, attempt to be settled amicably.

Failing this, the user irrevocably grants, by accepting these conditions, exclusive jurisdiction to the French courts to hear the dispute.