General Conditions of Sales

General Conditions of Sales applicables for Zavika.com

GENERAL CONDITIONS OF SALE

Also referred to as Sales T&Cs

Applicable from September 21, 2022

These general conditions of sale (GCS) apply to all sales and subscriptions concluded on the site zavika.com orwww.zavika.com

The general conditions of sale described below detail the rights and obligations of the Company and its clients in the context of the sale of the services offered on the site: zavika.com and associated Applications.

Any acceptance of the service offer, including the clause "I acknowledge having read and I accept the attached general conditions of sale" implies the buyer's unreserved acceptance of these general conditions of sale and to the general conditions of use detailed here.

Definitions :

In these general conditions of sale below referred to as the "GCS", the terms mentioned will have the following meaning:

  • User or Users : refers to any visitor, individual or professional, accessing the zavika.com service ,regardless of the medium used via the Website and/or the Applications made available.
  • Individual Advertiser: refers to any natural person, of legal age who acts exclusively for private purposes, established in one of the countries listed in this document and who has posted an Advertisement on the Site. All Individual Advertisers must create an account on the Website in order to submit and manage their Advertisement(s).
  • Professional Advertiser: designates any legal person who places an Advertisement on the Site and/or on the Application. The legal person must carry out a commercial, industrial, craft or liberal activity on a regular basis and established in one of the countries listed in this document.
  • Advertiser: generally designates an Individual Advertiser and/or Professional Advertiser.
  • Advertisementor Ad(s): refers to all the elements and data (textual, visual, photographs, sound, drawings, images, links), submitted by an Advertiser under his exclusive editorial responsibility, with the objective of buying, renting or selling a property on the Website zavika.com and its Applications. Advertisements might be referred to as Ad or Ads in this document.
  • Applications : designates the Zavika.com applications which can be downloaded free of charge on a telephone equipped with the Android operating system from the Google Play Store, and/or the equivalent application on iPhone, iPad or other equipped with the iOS operating system and downloadable from the App Store from the Apple company.
  • Account : refers to the free space that any Advertiser must create on the Website zavika.com or on the Applications. The Advertiser must connect from the Website and/or from the Application, in order to manage, update, modify, view or publish their advertisements, subscribe to one or more paid option(s).
  • User : designates any visitor, having access to the zavika.com service from the various media.
  • Client: designates a User and/or an Advertiser.
  • Customer service : designates the Exins service from which the Advertiser can obtain any additional information for the creation of his account or the use of the service. This service is accessible by e-mail at the address: support@zavika.com.
  • Service Zavika.com: refers to all the services made available to Users and/or Advertisers on the Website and the Applications. The use of the Website and the Applications is described in our General Conditions of Use (GCU).
  • Site: website zavika.com and/or associated Applications.
  • Package: A package designates a set of features for the advertisement to be published by the user at a predefined price. The flat rate can be applied to the purchase of a single listing (Unique Flat Rate) with a predefined duration or the purchase of a set of ads with a monthly payment (Monthly Packagessometimes referred to as Monthly Plan).
  • Option: An option is a paid service allowing to highlight an Ad. The options are described in the chapter Packages and Options and also detailed here:Options
  • GCS : designates the General Conditions of Sale
  • GCU: designates these General Conditions of Use.
  • Social Networks: in the context of these GCU, Social Networks means online applications such as Google, Facebook and LinkedIN.
  • Exins (Us, We, The Company): refers to the company Exins Osauhing, publisher and operator of the Website and the Applications, with a capital of 10,000 euros, registered in the Trade and Companies Register of Tallinn/Estonia under number 16576601, whose registered office is located at Lasnamäe tn 4a- 20, Tallinn 11412, Estonia. Intra-community VAT number: EE102540439
  • Partner sites: The following sites are considered as partner sites: Unbien.fr, FranceResidence.fr EtreLoger.frBienDeFrance.fr all.immounbien.promonbien.pro

ARTICLE 1: Essential characteristics of the services sold

The zavika.com website and associated applications offer individuals and professionals the possibility of publishing advertisements with the aim of selling, renting products, goods or offering services.

  • Products such as: Real estate, transport vehicles, electronics such as telephones, tablets, etc., furniture, household appliances, fashion products, clothing, animals or other categories listed on the zavika.com website. These products are also referenced as categories. The company reserves the right to add or remove product categories.
  • Services such as: employment, services, learning, events.

The customer declares to have read and accepted the general conditions of sale prior to placing his order. The validation of your order is therefore valid for acceptance of the General Conditions of Sale and the General Conditions of Use.

ARTICLE 2: Price

The prices of our products are indicated inclusive of all taxes (TTC). For each order, the customer will receive an invoice at the e-mail address he specified when registering on the site. This invoice specifies the amount excluding tax, taxes and the total amount.

Our service is available in several countries and the VAT charged will be that of the user's country or the country in which the company is registered. Invoicing will also be in the currency of the advertiser's country. When you register, make sure you are connected to your country of residence, using the flag at the top left of the main page. You can also validate this information by logging into your personal space (Account details or Personal Home).

There are 2 types of invoicing on the Website or its Applications:

  • Payment for an Ad to be published immediately. In this case, we offer several possible durations on the site and certain additional services to choose from when publishing your Ad. This service was mainly developed for individuals, but can also be used by professionals.
  • Subscription: Subscription is exclusively available to companies and allows them to pay a fixed amount per month. The subscription allows businesses to run a predefined number of ads. The user can subscribe to several packages simultaneously. See Terms of Service for more details. The subscription also makes it possible to replace one advertisement with another at no additional cost while remaining within the limit of the number of advertisements attached to the chosen Monthly Package.
  • The Company reserves the right to modify the prices at any time and without prior notice. Advertisers who have taken out a monthly subscription will remain on the same prices until the Company informs them of the new prices by email and the latter have accepted them. In the event of non-acceptance of the new prices, the Company reserves the right to terminate the subscription with six months' notice. Subscribing to a Monthly Plan guarantees you the price for a period of 12 months.

ARTICLE 3: Duration of publication

The advertisements are visible on the Site upon validation by the Company. The validation time can vary between 5 minutes and 24 hours maximum. Publication times depend on the type of invoicing chosen and the options chosen. For a Unique Flat Rate, the duration is specified at the end of the form of the ad and before placing the order. The user can choose his package according to the desired duration.

Ads published with a monthly plan will remain in publication on the Website and on the Applications until the user decides to cancel his subscription, suspend the publication of the ad or delete the ad.

ARTICLE 4:

  • Individual Advertiser Orders: You have the option of placing an ad after creating or logging into your account. After filling the form for your ad, the different Unique Packages will be offered to you. Each Unique Package has a duration and a maximum number of downloadable photos/images for this same ad. Additional paid options can be added later after the publication of the ad. As an Individual Advertiser, you also have the option of placing an ad for free.
  • Professional Advertiser: You have the option of placing an advertisement after creating or logging into your account. After writing your ad, the different Monthly Packages will be offered to you.
    • Each Monthly Plan has a maximum number of ads you can place within the plan and a maximum number of downloadable photos/images per ad. A Professional Advertiser can only order packages in its own category.
    • You can order one or more Monthly Packages before posting an ad. At the end of the publishing process, the different packages you have will appear and allow you to choose the one to which you want to attach the ad. This Ad(s) will then take the specifications of the chosen package (example: number of images/photo, etc.). A professional advertiser can also advertise using the Unique Flat Rate option, but cannot use a free option.
    • All Monthly Plans will be debited monthly on the same day or the day after you placed the first order. In the case of orders for several packages, you will be billed separately for each package.
    • Packages can only be used for the entity that purchased them. If the business has multiple agencies or entities, ads cannot be shared between agencies. For a group rate, you can contact us at info@zavika.com.
  • There is no acknowledgment of receipt of the orders, the validation of the Monthly Package on the Advertiser's space or the activation of the Ad on the Site taking the place of confirmation.
  • The User also has the possibility of purchasing additional options which allow for each ad (see: the Options):
    • Premium Ad: List scrolling on the main page of the sitezavika.com
    • Up the list: (Every week, or every 2 weeks, )
    • Urgent Logo or Exclusive Logo or Other Logos

These options are only available after submitting the Ad. The Advertiser must go to his personal space and select the Ad for which he wishes to add an option.

  • On the sitezavika.com, the User can modify the advertisements free of charge at any time. To modify an Ad, the User must go to his personal space.
  • On the sitezavika.com, the User may suspend an Ad at any time, but the last day of publication will remain unchanged. To suspend an advertisement, the User must go to his personal space.
  • The company reserves the right to remove any Ads that do not comply with the general conditions of use (CGU) of the Site and its Applications.

ARTICLE 5: Activation of Packages

All packages are available immediately after the order has been finalized and payment has been made.

ARTICLE 6: Methods of payment

  • We accept payment by card [ visa / MasterCard]. When paying online, indicate the number of your credit card, its expiry date and the 3 digits on the back of it. Online payment is secured by our Partner Stripe..
  • We accept payments by monthly direct debit in the SEPA zone for the countries of the European Union as well as Switzerland, Liechtenstein and Monaco. This method of payment is only accepted for the purchase of Monthly Package. For more details about the SEPA zone, you can write to us by email or browsethis website.
  • Payment data is exchanged and encrypted by the authorized payment provider responsible for the execution of payments on the sitezavika.com.

ARTICLE 7: Late payment

Payments accepted on our site are executed automatically after your acceptance and authorisation. In the case of purchase of Monthly Package, it is possible that a future charge on your account or billing on your credit card will be rejected. In this case, the Company reserves the right to re-attempt the payment several times according to the terms accepted during your purchase. The Company will not charge you a late payment penalty or late payment interest, but reserves the right to suspend the service attached to the package in question.

ARTICLE 8: Right of withdrawal

As a general rule, when a good or service is offered by a professional, as a consumer, you have a right of withdrawal, allowing you to reconsider your commitments, within fourteen days, which runs from the day after the receipt of the goods for the sale of goods and from the day after the acceptance of the offer in the case of the provision of services.

In accordance with certain European provisions (Directive 2011/83/EU of the European Union), the right of withdrawal does not apply to the supply of digital content not supplied on a material medium, the execution of which has begun after agreement prior express consent of the consumer and express waiver of his right of withdrawal.

Given the nature of the services offered on the sitezavika.com, orders placed by Advertisers in accordance with the terms specified in these T&Cs are final.

ARTICLE 9: Conditions and deadlines for reimbursement

Any order placed on the Site is final and non-refundable. In the case of an order relating to a Monthly Package, the user can terminate the package at any time. All ads attached to the completed package will be valid until the end of the monthly validity of the package. If, for example, you signed up for a plan on January 15 and end it on November 20, the Ads will remain live until December 15.

No refunds will be made.

ARTICLE 10: Consumer Complains

Any consumer complaint should be sent electronically to support@zavika.com

ARTICLE 11: Intellectual property

All texts, images, photos, comments, illustrations on our site are exclusively reserved for us. Under intellectual property and copyright, any use is prohibited except for private use. No right, title or interest relating to or related to the Site or other intellectual property rights relating to the Site is transferred to the Customer by these GCS.

Any reproduction of our site or its content, whether partial or total, is strictly prohibited without prior written permission.

Except as expressly provided to the contrary in this article, no license is granted to the customer, directly or indirectly, by implication or in any other way.

ARTICLE 12: Force majeure

The responsibility of the Company cannot be engaged if the non-execution or the delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure.

Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the partys reasonable control.

ARTICLE 13: Trusted intermediary

For certain categories on the Website, we offer to serve as a trusted intermediary when selling a product or service. When you publish an Ad and a User is interested in the product, the latter can make you an offer online. You will then receive an email and you can make a counter offer. Once both parties have agreed on the price, the buyer will have to pay the total price on the Website plus a commission which is stipulated at the time of purchase.

The website is not responsible for the eventual dispatch of the product or the performance of the service. Both parties have the obligation to agree on all the conditions.

Once receipt of the product has been confirmed on the Website by the buyer, payment of the amount due to the seller will be transferred to him.

ARTICLE 14: Reviews and Deletion of Advertisements

All Ads will be reviewed by the Company's teams before publication on the site. The company reserves the right to remove any Ads that do not comply with the general conditions of use (GCU) of the Website and Applications. No refund request will be accepted in the case of a non-compliant ad. The Advertiser will be informed and must submit his advertisement in conformity.

ARTICLE 15: Ad classification criteria

See the General Conditions of Use. (GCU)

ARTICLE 16: Responsibilities and Guarantees

In accordance with the laws in force, we engage our full contractual liability with regard to the customer in the event of non-performance or poor performance of the service.

However, our contractual liability cannot be engaged in the situations mentioned below:

  • case of force majeure,
  • foreign fact which cannot be attributed to us;
  • problems related to internet access on the side of the platform supporting the Website or on the client side.
  • publication by an Advertiser of photographs, images, illustrations or texts contrary to the CGU.
  • the [photographs / illustrations / images] on our site have no contractual value. They cannot therefore engage our responsibility.

Whether or not you declare yourself to be a professional on our Website, you are likely to be re-considered as a professional by the administration of your country and in particular in the following cases:

  • You sell services.
  • You are selling items that you have created yourself or with help;
  • You sell items purchased with the intention of reselling them;

If in doubt about your status as a professional or an individual, we invite you to inquire about the legal and regulatory provisions to determine your status and to inquire with the tax department of your country.

ARTICLE 17: Personal data

The company uses several technological partners to implement our services. Only the data necessary for the execution of the service are transmitted to the partner.

  • Data processing (Hosting): The data collected on the Website is hosted in France, a country of the European Union, by Amazon Web Services, Inc., 410 Terry Avenue North, Seattle, WA 98109-5210, Tel. : +1 206 266 4064; Fax. : +1 206 266 7010. (https://aws.amazon.com/privacy/)
  • Payment: All payments on the Website are executed by the company Stripe Payments Europe Limited, whose registered office is in Ireland, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland. (https://stripe.com/fr/privacy - French version at the bottom of the document)
  • Analytical: Executed by Google whose headquarters are in the United States, 1600 Amphitheater Parkway Mountain View, CA 94043 (https://policies.google.com/privacy?hl=en) -

Information relating to the customer may be transmitted to the site's commercial partners, unless he/she/it objects by email: support@exins.com.

The site provides the customer with the collection and processing of personal information with respect for privacy in accordance with the European laws in force relating to data processing.

The Company reserves the right to retain the data collected during registration, advertisement submission and during the execution of other services on the Website for a period of five years. This duration makes it possible to cover the duration of the prescription of the applicable contractual civil liability.

Under European laws, the customer has the right of access, modify, or delete any elements of his personal data. The customer exercises this right via:

  • his personal space
  • by email to support@zavika.com in the event that he is unable to access his customer space.

ARTICLE 18: The publishing company

The websitehttps://zavika.com and its Applications is a classifieds service managed by the company Exins Osauhing, publisher and operator of the Website and Applications, with a capital of 10,000 euros, registered with the Trade and Companies Register of Tallinn/Estonia under number 16576601, whose registered office is at Lasnamäe tn 4a-20, Tallinn 11412, Estonia. Intra-community VAT number: EE102540439

for any information you can contact us at the e-mail address: info@zavika.com

ARTICLE 19: Competent jurisdiction and applicable law

In the event of a dispute between the customer and our company, the two parties must exchange to find an amicable solution to the dispute. If the dispute persists, you can appeal to an independent mediator. The competent mediator for our Website is the FEVAD (Federation of Ecommerce and Distance Selling).

FEVAD - 60 rue de La Boétie - 75008 Paris.

The Jurisdiction competent to settle a dispute is:

  • Courthouse in Tallinn,
    Tallinn court , Pärnu mnt 7.
     Estonia

The applicable law is Estonian law.

You can also connect to the following Site in the event of a dispute:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

You can contact us by email to exercise your rights to access, modify and delete data about you on the Site. Email: info@zavika.com.