GENERAL TERMS AND CONDITIONS OF SALE
 
§1 Definitions 
 
Client: any real estate market professional and, more generally, any legal or natural person using the services of Régie Immobilière.
 
Régie Immobilière: the limited liability company operating under Luxembourgish law REGIE IMMOBILIERE Sàrl, with its registered office at 2 Rue Christophe Plantin L-2988 Luxembourg.
 
Medium: any tangible (in the case of printed publications) or intangible (in the case of electronic publications) means through which communication or information is disseminated. These include: WortImmo.lu, Wort.lu, Luxemburger Wort, Bauen & Wunnen / WortImmo, Contacto and any other future product.
 
§ 2 Scope
 
2.1 These general terms and conditions of sale (hereinafter the “Ts&Cs”) apply to any transaction between Régie Immobilière and the Client.
Régie Immobilière reserves the right to modify the Ts&Cs freely and at any time. Clients are invited to consult the Ts&Cs on a regular basis (they can be found on our website http://www.wortimmo.lu/fr/conditions-generales) in order to keep abreast of any changes.
Where appropriate, the new Ts&Cs will be modified online and notified to the Client by way of a pop-up in their “pro space” on the website.
2.2 In the event of discrepancies or contradictions between these Ts&Cs and those of the Client, these Ts&Cs shall prevail.
 
§ 3 Finalisation of the contract
 
3.1 Whenever a Client subscribes to a Régie Immobilière service, they must fully accept the Ts&Cs in force at that time.
3.2 By sending over the data for an advertisement, the Client authorises Régie Immobilière to finalise a contract and to put the content of the advertisement into the database for a limited period so it can be published in one or more media.
The contract is finalised when Régie Immobilière accepts the order by publishing the advertisement in one or more media.
 
§ 4 Régie Immobilière’s services and obligations 
 
4.1 The Client may order an advertisement online for publication in one or more media. To do this, the Client can enter the text of the advertisement in the form available on WortImmo.lu. The advertisement will then be published on the date specified by the Client, subject to the provisions of Article 5.1 of these Ts&Cs.
4.2 Régie Immobilière reserves the right to check the advertisements submitted by the Client for publication.
If Régie Immobilière notices content that does not comply with applicable legislation or with these Ts&Cs, Régie Immobilière is entitled to delete, in full or in part, the content of the advertisement or to prevent access to it, without prior notice to the Client and without the Client being eligible for compensation of any kind or for any reimbursement whatsoever of the fees paid in advance for publication of the advertisement in question.
4.3 If the advert has been published in an electronic medium, the Client can deactivate their advertisement at any time.
Any substantial modification of the advertisement post publication shall be considered as a new publication and must therefore be paid for by the Client as per the prices in effect at that time.
4.4 Régie Immobilière is not obliged to keep an advertisement once the advertising period has ended.
4.5 Régie Immobilière reserves the right to modify its services, provided such modifications do not change the nature of the contract and the interests of the Client are taken into account.
4.6 The Client can upload data for a large number of advertisements on Régie Immobilière’s online platform. This data is processed and converted by Régie Immobilière into the required format for publication in one or more media. Only the structure of the data is modified during this formatting process, not the content.
4.7 Before their advertisement is published, the Client receives an email containing all the information regarding the publication. This email is simply confirmation that Régie Immobilière has received the order, not a declaration that it has accepted the order.
 
§5 Client’s obligations
 
5.1 The Client assumes full responsibility for the content of the advertisement and for submitting it in full and on time (at least 48 hours before the requested publication date).
The Client is responsible for the accuracy of the content and the legitimacy of the assets put up for sale, and guarantees that said content complies with applicable legislation.
More specifically, the Client guarantees that they own the intellectual property rights to the content and said content does not infringe the rights of third parties, and that they are not the subject of infringement actions or any other legal action.
The Client shall hold Régie Immobilière harmless against any financial consequence of any actions, complaints, claims or appeals brought by any party citing, inter alia, an intellectual property right to the content, an act of unfair competition or any other right recognised by applicable legislation and held by the plaintiff.
If they fail to provide the guarantees mentioned above, the Client shall be obliged to compensate Régie Immobilière in full for any damage suffered as well as for any amounts, damages and interest and charges incurred by Régie Immobilière or which it will have to pay third-party plaintiffs.
5.2 It is not permitted to publish advertisements on behalf of a third party without the explicit permission of said third party. In particular, the telephone numbers and addresses of third parties may not be published without their permission.
5.3 The Client is obliged to check the advertisement once it has been published, in particular the accuracy and integrity of the content, and to notify Régie Immobilière of any problems or errors. In all cases, the Client must submit their complaints to Régie Immobilière within seven (7) days of the advertisement being published. Any complaints submitted after this period has expired will not be considered.
 
§ 6 Prices and invoicing
 
6.1 The prices billed to the Client are those in force on the day when the order was recorded or the contract was renewed, less any applicable discounts or rebates. 
Régie Immobilière reserves the right to modify its prices at any time.
Promotional tariffs apply only to the initial subscription.
6.2 Invoices are sent to the Client after the advertisement has been published. If the same advertisement is published on several different dates, the Client will receive the invoice after the first publication.
Any request for staggered payment requires a direct debit to be set up in advance.
6.3 Invoices are payable thirty (30) days after the invoice date.
6.4 In compliance with the law, and in particular with the law of 18 April 2004, overdue invoices will incur interest at the ECB’s key interest rate plus 7%, without the need for a reminder or a final demand. 
6.5 In addition, Régie Immobilière is entitled to cease provision of its services, without prior notice and with no compensation for the Client, in the event of non-payment or late payment of an invoice. In such a case, all amounts owed become payable with immediate effect. Régie Immobilière shall therefore be entitled to demand payment of all sums owed, regardless of any agreed term or condition.
6.6 The Client is not entitled to unilaterally withhold part of the invoice amount.
6.7 If the Client wishes to contest the invoice amount, they must do so in a letter sent to Régie Immobilière by registered post within one (1) month of the date of the invoice in question. Once this period has expired, the Client will be deemed to have accepted the invoice amount.
 
§ 7 Termination of the contract
 
Unless there is an agreement to the contrary between the Client and Régie Immobilière, contracts with Régie Immobilière have a duration of one year and are renewed annually on a rolling basis unless the Client has requested termination of their contract at least thirty (30) days before the contract expires in a letter sent by registered post to: REGIE IMMOBILIERE s.à r.l, 2 Rue Christophe Plantin L-2988 Luxembourg.
 
§ 8 Partners of Régie Immobilière
 
Régie Immobilière reserves the right to enter into partnerships with other companies.
As such, the Client hereby gives their express agreement to their data and advertisements being processed and disseminated by these partners and to their personal information being sent to these partners, in compliance with Article 9 of these Ts&Cs.
 
§ 9 Data protection
 
The Client hereby expressly consents to their personal data being processed electronically. Régie Immobilière undertakes to comply with the applicable legal provisions, in particular the law of 2 August 2002 on the protection of persons with regard to the processing of personal data.
The Client is entitled to access, modify, correct and delete data that concerns them.
The Client also agrees that their personal data may be sent to third-party partners of Régie Immobilière for marketing purposes.
 
§ 10 Liability limits
 
10.1 Régie Immobilière is neither party to, nor a representative of a contracting party to, nor an intermediary in transactions carried out between Clients. Régie Immobilière is not involved in the negotiations, the finalisation of the contract or the performance of the contract between these parties.
10.2 Régie Immobilière does not guarantee the accuracy or integrity of the information and declarations it receives or the identity or integrity of the Clients. As such, Régie Immobilière is not responsible for advertisements published by the Clients and shall not be held liable in any way in this regard.
10.3 The current state of technology means that it is not possible to ignore all the uncertainties associated with the internet. Consequently, Régie Immobilière offers no guarantee against technical faults. In particular, it cannot guarantee the continuous and uninterrupted availability of the database and its content nor the display of content sent by the Client in an electronic medium.
10.4 Régie Immobilière shall not be held liable for direct, indirect, material or immaterial damages including, but not limited to, financial or reputational loss, data losses, loss of use or other intangible losses resulting from access to or use of, or the inability to access or use, services, or the use or alteration of publications or their content, regardless of whether Régie Immobilière was informed of the possibility of such damages.
More generally, the liability of Régie Immobilière shall be incurred only in the event of partial or total culpable failure to execute its obligations under these Ts&Cs. In such a case, the Client may be compensated up to the amount of the advertisement.
 
§ 11 Force majeure
 
Régie Immobilière cannot be held responsible by the Client for delays or impediments to the execution of an obligation caused by an act of force majeure, as conventionally recognised in case law.
The following non-exhaustive list of events are considered to be acts of force majeure, discharging Régie Immobilière from its responsibility for their duration: a full or partial strike at Régie Immobilière, its subcontractors or its suppliers; flooding; explosions; fire; prolonged sub-zero temperatures; operating or manufacturing incidents at Régie Immobilière, its subcontractors or its partners; war; acts of terrorism; riots; natural disasters; disruption to communication networks, particularly the internet; and any other event of a political, economic, social or environmental nature responsible for partially or totally interrupting or disrupting internet communication services, even if such events are not themselves acts of force majeure.
 
§ 11 Miscellaneous
 
11.1 Should any of the provisions of these Ts&Cs be declared null and void by virtue of a law or regulation or following a definitive court ruling, it shall be deemed as non-existent and the other provisions will continue to apply.
11.2 If Régie Immobilière does not invoke a clause of these Ts&Cs at any given time, this should not be interpreted as a refusal to invoke said clause at a later date.
11.3 Régie Immobilière reserves the right to modify these Ts&Cs at any time provided at least two weeks’ notice is given. This notice is given by way of publishing the modified Ts&Cs, and stating the date on which they will come into force, on the website WortImmo.lu.
 
§12 Applicable law and jurisdiction
 
These Ts&Cs are subject to Luxembourgish law.
The parties hereby agree to endeavour to amicably resolve any dispute that is likely to arise from the interpretation, execution and/or termination of these Ts&Cs. In the absence of such an amicable resolution, the dispute shall be dealt with exclusively by the competent courts in Luxembourg.
 

Siège social:
Régie Immobilière.
2, Rue Christophe Plantin
L-2988 Luxembourg
Tél : +352 49 93 700


Site réalisé par : Régie Immobilière S.à.r.l.

Responsable de publication : Robert Hever