General Terms and Conditions of Use for Historic-Home Services
PREAMBLE
Historic-Home, a commercial entity of 5W EURL (hereinafter the company), is a limited liability company (SARL) with a capital of €7,623, whose registered office is located in Paris (75) at 4 rue des Fossés Saint Jacques, 75005 Paris, and registered with the Paris Trade and Companies Register under number 424 009 488 00026.
5W Historic-Home is a real estate agency registered under professional card number CPI 7501 2025 000 000 143 with the Paris Chamber of Commerce and is covered by the GALIAN SMABTP (Real Estate Professionals Insurance) financial guarantee.
The company has developed a service and advice platform called Historic Home, accessible on the website www.historic-home.fr. This service and advice platform allows an individual, a company, or an association to carry out a real estate transaction, benefit from renovation advice, or book a seasonal rental from a Historic Home expert. These general terms and conditions of use (hereinafter the T&Cs) apply to all users of this service. Use of the Historic-Home advice platform implies full acceptance of the T&Cs by the user. Users agree that their relationships will be governed exclusively by these T&Cs. The applicable T&Cs are those in effect on the date the user registers on the Historic-Home.fr website. The company reserves the right to modify the T&Cs at any time, provided that users are informed in advance by electronic means and that they do not object within TEN (10) DAYS from the sending of the email. If the user refuses to accept the new Terms and Conditions, addressed exclusively by email to the company, their registration will be automatically terminated as of the date they express their refusal. The language used for both the Terms and Conditions and the conclusion of the contract is French. These Terms and Conditions are made available to users of the Historic Home service in accordance with the provisions of Article 1369-4 of the French Civil Code.
PRELIMINARY ARTICLE – TERMINOLOGY
Client: a natural or legal person who wishes to complete a real estate transaction, receive renovation advice, or rebook a seasonal rental for themselves, their family, friends, their company, their employees, or their clients.
Advertisement: a presentation, appearing on the Historic-home.fr advice platform, of real estate for sale or rent, or experiences related to rentals.
T&Cs: general terms and conditions of use of the advice platform, in other words, this document. Fee: Remuneration received by Historic Home for advice provided to the client in preparation for the sale or during a renovation. These fees are not included in the displayed price of the advice or services unless they are specifically included in the product sheet.
Service Provider: A natural or legal person who provides a service to Historic Home. Application fees: Fees paid by the client following a free initial contact, enabling the Historic Home advisory service to be initiated. These application fees paid to Historic Home are set at €150 including tax per consultation or appraisal of a property and are non-refundable, even if the property has not been sold.
Search fees: Fees incurred by Historic Home to search for a specific property. These fees are payable prior to the presentation of the property in question at a rate of €150 excluding tax per property meeting the client’s main criteria.
Agency fees: Refers to the total amount excluding tax paid by the client to the agency, excluding application fees.
ARTICLE 1 – PURPOSE
The purpose of the Terms and Conditions is to establish the conditions of use of the Soleil-de-Crète® advice platform, to govern all contractual relationships that will be established, through this service, on the one hand, between users and the company and, on the other hand, between users. The Terms and Conditions establish the obligations and responsibilities of users and the company.
ARTICLE 2 – REGISTRATION FOR THE ADVICE SERVICE
2.1 Warnings Registration is reserved exclusively for natural persons and legal entities with the capacity to perform legal acts within the meaning of Article 1124 of the Civil Code. Registration of a minor natural person or a legal entity is done through their legal representative. Said legal representative must be designated by name upon registration. When the discoverer is a minor natural person, their registration through their legal representative constitutes parental authorization for the immersion.
2.2 Registration Procedure
Users register for the advice platform via the website www.historic-home.fr.
When registering, users must complete all mandatory fields in the registration form and are required to accept these Terms and Conditions. Registration for the advice platform is free.
2.3 User Obligations
The user agrees to provide accurate and up-to-date information regarding their identity or advertisement and to immediately update this information if it changes. The user undertakes to the company that they hold all intellectual property rights or have the authorization of the rights holders to the content (data, images, videos, etc.) they transmit to the advice platform and guarantees the company against the consequences of the transmission and distribution of this content on the advice platform. The user agrees not to post any content that violates applicable legislation, public order, or accepted principles of morality. In particular, it is prohibited to post online content that constitutes an apology for crimes against humanity, incitement to racial hatred, child pornography or that is contrary to the rights and interests of third parties. The user is solely responsible for the information he or she provides. The company carries out very limited control over the data provided during registration. In these circumstances, the company cannot be held liable in any way for any damage or harm resulting from the entry of erroneous or incomplete information by the user. Each user must therefore ensure, where applicable, the identity of the other contracting party and the veracity of the information provided. The Company cannot be held liable in the event of identity theft. In these circumstances, any person suspecting identity theft must immediately inform the company in writing to HISTORIC HOME – 5W 4, rue des Fossés Saint-Jacques – 75005 PARIS. Users must not block, transcribe, or modify content generated by the Company, nor interfere with the Company’s offerings in any other way. The Company is authorized to implement emergency measures necessary to ensure the integrity of the advisory platform’s systems.
ARTICLE 3 – POSTING AN ADVERTISEMENT
3.1 Creating an Ad
Historic-Home posts ads presenting offers of goods or services and undertakes to update them or, where appropriate, delete outdated ads.
3.2 Setting Fees
Historic Home is free to set the price for the advice provided to its client. However, and by default, the client is fully informed that fees are not included in the price of goods or services, nor do they include file opening fees.
3.3 Posting an Ad
The advert is published after validation by Historic Home, provided it complies with the Terms and Conditions. The moderator reserves the right to remove any contentious listing that does not comply with the Terms and Conditions. Posting an ad implies compliance by the professional with the obligations defined in these Terms and Conditions.
ARTICLE 4 – PROCESS FOR CONCLUDING A SALE, RENTAL, OR CONSULTING SERVICE
The listings presented on the consulting platform are simply proposals made by Historic-Home. A search request does not immediately result in the creation of a service. The conclusion of a sale, rental, or consulting service is subject to final acceptance by the seller, lessor, or consultant. Therefore, after the customer has chosen their product or service, Historic-Home verifies the availability of the offer. The seller, lessor, or consultant must then accept the service request for it to be considered concluded. This service is then concluded between the service provider and Historic-Home. In the event of a negative response from the service provider or no response at all, the customer will receive a message informing them that the chosen service cannot be carried out and they will not be liable for the initial administration fees.
ARTICLE 5 – PRICING AND PAYMENT TERMS
5.1 Pricing
The price of the good or service displayed on the advisory platform is an average advisory price in effect on the day the customer makes the reservation request. It is not binding on Historic-Home. It is expressed in euros, inclusive of all taxes, and does not include administration fees.
5.2 Payment Terms
Payment of the application fees is made by check or bank transfer to Historic-Home’s account in order to benefit from the services after an initial free consultation.
5.3 Billing
Historic-Home will send the customer an invoice indicating the price of the good or service and the application fees.
ARTICLE 6 – CANCELLATION OF RENTAL OR SERVICE
6.1 Cancellation at the Customer’s Initiation
A customer wishing to cancel their rental or service request must inform Historic-Home, by email only, as soon as possible. If the cancellation is made less than 30 days before the scheduled departure date, no refund will be issued to the client. If the cancellation is made between 30 and 60 days before the scheduled departure date, 50% of the rental fee will be due by the client to Historic Home. If the rental or service is canceled more than 60 days before the departure date, Historic Home will reimburse the client and any reservation deposits made by the client. However, Historic Home’s application fees will not be refunded.
6.2 Cancellation at the Service Provider’s Initiation
A service provider wishing to cancel a rental, sale, or service must inform Historic Home, exclusively by email, as soon as possible. Regardless of the time of cancellation, the client will be fully reimbursed for the price of the service, including the application fees, if an equivalent alternative solution is not offered at the time. Historic Home reserves the right to charge the service provider, as a penalty, any other costs that Historic Home may incur as a result of this cancellation.
6.3 Cancellation by Historic Home
Historic Home, wishing to cancel the service, must inform the client as soon as possible, by email only. Regardless of the time of cancellation, the client will be fully reimbursed for the price of the service as well as the application fees.
ARTICLE 7 – FRAMEWORK OF HISTORIC HOME’S LIABILITY
The provision of a service through the advice platform is strictly limited to a one-off, short-term exchange. The company cannot be held liable for any direct or indirect damage resulting from the use of the advice platform and/or the execution of a stay that would have taken place without the intervention of Historic Home.
ARTICLE 8 – USER OBLIGATIONS
8.1 Service Provider Obligations
In addition to the commitments already made under these Terms and Conditions, the service provider undertakes to: comply with the description of the service (content, terms, duration, etc.); be active and available to the client throughout the duration of the service; inform and make the client aware of the applicable internal regulations and all health and safety rules to be observed, if any; inform the client and make them aware of the confidentiality rules to be observed, where applicable; ensure proper compliance with the ethical and/or specific rules related to its professional activity. In terms of insurance, the service provider must: hold, with one or more reputable companies, a “civil liability” insurance policy in force at the time the service is provided and covering, for sufficient amounts, the financial consequences of the liability that it may incur due to bodily injury, material damage and/or immaterial damage, whether consequential or non-consequential, caused to others and in particular to the client; hold, with one or more reputable companies, an insurance policy covering the risks of fire, explosion and various risks covering, for sufficient amounts, the premises in which the stay takes place; provide proof to Historic-Home of the subscription of this insurance; In the event of an accident occurring on or through the premises during the provision of the service, regardless of the cause, the service provider will assume, personally and at its sole expense, all resulting liability towards Historic-Home and any third parties, without Historic-Home being liable for any harm or prosecution in this regard.
8.2 Customer Obligations
In addition to the commitments already made under these Terms and Conditions, the customer undertakes to: familiarize themselves with the internal regulations applicable to the premises where the stay is taking place and comply with them; familiarize themselves with the health and safety rules specific to the premises of the stay and/or comply with the service provider’s instructions regarding these rules. In terms of insurance, the client must: hold a “civil liability” insurance policy, with one or more reputable companies, in force at the time of the stay, providing sufficient coverage for the financial consequences of liability they may incur due to bodily injury, property damage, and/or consequential or non-consequential damage caused to others; provide proof to Historic-Home of purchase of this insurance. Any minor wishing to stay must either be accompanied by an adult during the service or have obtained prior written authorization from their legal representative. This authorization must be provided to Historic-Home and the service provider. ARTICLE 9 – PERSONAL DATA and COOKIES
Historic-Home informs the user that their data is recorded and has been declared to the CNIL (French Data Protection Authority) under number 660010, in accordance with the provisions of Law No. 78-17 of January 6, 1978, relating to information technology, files, and civil liberties. Consequently, the user has the right to access, modify, rectify, or delete this collected data by simply contacting the company at the following address: Historic-Home – 5W EURL, 4 rue des Fossés Saint-Jacques – 75005 PARIS.
Please visit this page to learn more about the protection of your personal data and your right of withdrawal.
http://www.historic-home.fr/donnees-personnelles/
Finally, cookies (such as the statistical tools provided free of charge by Google Analytics) may be installed in the browser to store information relating to browsing on the digital platform. This information is stored for one year. The user retains the right to refuse the use of cookies by configuring their browser settings.
ARTICLE 10 – ACCESS TO THE ADVICE PLATFORM
Access to the advice platform is available 365 days a year, 24/7. However, the company reserves the right to immediately interrupt access to the digital platform without notice, particularly in the following cases: – to carry out technical work, improve its operation, or for any maintenance of the digital platform; – if the company receives a notice from a competent administrative, judicial, or arbitral authority in accordance with applicable legislation or from a third party, and in particular in accordance with Law No. 2004-575 of June 21, 2004, on confidence in the digital economy. The company is only bound by an obligation of means to maintain the digital platform accessible. Access to the digital platform may also be interrupted in the event of a network outage/failure, failure, or overload of the digital platform, or in cases of force majeure. Furthermore, the company provides no guarantee to the user regarding the durability of the digital platform, which may be rendered inaccessible without notice, at the initiative of the company or a third party with authority. The user formally acknowledges and accepts that the company cannot be held liable, directly or indirectly, under any circumstances whatsoever for damages related to an interruption of the advice platform beyond its control and/or caused by any wrongful conduct on the part of the user.
ARTICLE 11 – INTELLECTUAL PROPERTY
All elements presented on the advice platform are the exclusive property of the company, which alone is authorized to use these intellectual property rights. By using the digital platform, the user is therefore granted a limited, non-exclusive license to use the content of the digital platform, for their own private use only. Thus, the right to reproduce or modify, in whole or in part, one or more elements presented on the digital platform is authorized for information purposes only and for strictly personal and private use. Any commercial use is strictly prohibited. It is specified that the photos appearing in the description of each listing are for descriptive purposes only and are not contractually binding.
ARTICLE 12 – TOLERANCE
The fact that the company does not enforce and/or tolerates a breach by the user of any of the obligations set out herein, whether temporarily or permanently, cannot be interpreted as a waiver of the obligation in question. Consequently, the company may require the user to comply with the obligation in question at any time. ARTICLE 13 – JURISDICTION
In the event of a dispute regarding the interpretation or execution of these Terms and Conditions, the dispute shall be brought before the competent courts, namely the Paris District Court, the Paris Commercial Court, or the Paris High Court.
ARTICLE 14 – NOTIFICATIONS
The user expressly agrees to receive email notifications from the company regarding their registration or use of the advice platform.
ARTICLE 15 – APPLICABLE LAW
These Terms and Conditions are governed by French law.
ARTICLE 16 – RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L.121-21 of the French Consumer Code, the customer has a period of fourteen (14) days from the conclusion of the contract to exercise their right of withdrawal. The exercise of the right of withdrawal is done by sending an email to the company which will acknowledge receipt. The discoverer who exercises his right of withdrawal may then be reimbursed by the company within seven (7) days from the exercise of the right of withdrawal. In any event, the exercise of the right of withdrawal must be carried out before the start of the stay and in accordance with article 6 of these T&Cs.
ARTICLE 17 – MANDATORY MEDIATION
In accordance with the provisions of Article L.152-1 of the French Consumer Code, as a consumer, the customer has the right to use a consumer mediator free of charge to amicably resolve any dispute between them and Historic-Home. To this end, the company guarantees the consumer effective access to a consumer mediation system. In accordance with the provisions of Article L.152-1 of the French Consumer Code, the dispute cannot be examined by the consumer mediator when:
– the person who discovered the dispute does not provide proof of having previously attempted to resolve their dispute directly with Historic-Home through a written complaint;
– the request is manifestly unfounded or abusive; – the dispute has previously been examined or is currently being examined by another mediator or a court; – the discoverer submitted their request to the mediator more than one year after submitting their written complaint to Historic-Home;
– the dispute does not fall within their jurisdiction.
All rights reserved – May 19, 2025