Terms and conditions of sale - BOOST offers

General terms and conditions of sale of HomeExchange BOOST Offers to individuals

Last update :04/13/2022

The present general terms and conditions of sale are concluded between HOMEEXCHANGE.COM INC, a company registered under Californian law under the number 2403557,with registered office at at 625 Massachusetts Ave, Cambridge, MA 02139 (hereinafter referred to as "HOMEEXCHANGE INC" or "the Company"). HOMEEXCHANGE INC has developed and set up its website www.HomeExchange.com in order to provide a service enabling its Members to exchange the residential properties they own or rent, hereinafter referred to as "HOMEEXCHANGE", and individuals of legal age who are not business owners and who wish to purchase a BOOST Offer via the website https://www.homeexchange.fr/p/booster-mon-annonce, hereinafter referred to as "the Customer". Together referred to as "the Parties".

The present terms and conditions govern exclusively the sales by HOMEEXCHANGE of "BOOST Offers" offered on the www.homeexchange.com website. The parties agree that their relationship is exclusively governed by the present conditions. Orders may be placed from the https://www.homeexchange.fr/p/booster-mon-annonce site in France or abroad.

The relationship between the parties shall be exclusively governed by these general terms and conditions of sale.

I/ Ordering BOOST Offers and payment

1- BOOST Offers are reserved exclusively for customers who are already registered on the HOMEEXCHANGE website and who meet the following conditions:

Have a listing for their home online, with at least 5 clear and representative photos of the home in question

Have a listing whose address has been verified by our free verification service

Have a availability calendar with at least one open availability period in the future at the time of ordering a BOOST Offer

2- BOOST Offers can be subscribed for a single account and are not transferable from one customer’s account to another.

2- Orders for HOMEEXCHANGE BOOST Offers must be placed on the https://www.homeexchange.fr/p/booster-mon-annonce website. They can only be registered on the site if the customer has filled out the order form. The Customer will receive an email within 24 hours of the completion of his order confirming that his BOOST request has been taken into account.

3- Three BOOST Offers are available for sale:

BOOST Offer

MEGA BOOST Offer

BOOST QUICK Offer

The CLASSIC BOOST Offer allows the Customer to have his listing appear in a special Newsletter within 30 days guaranteed.

The MEGA BOOST Offer allows the Customer to have his listing appear at the top of the list in a special Newsletter within 30 days guaranteed.

The QUICK BOOST Offer allows the Customer to have his listing appear in a Newsletter within 7 days guaranteed.

The entirety of the prices charged is clearly indicated and identified on the Internet site, and is accessible before the final validation of the order (price of the articles and participation in the costs of preparation of the order).

The order of appearance of the advertisements benefiting from a BOOST Offer in a Newsletter is random and may not be a reason for complaint used by the Customer.

4- Acceptance of the order is done online when the customer clicks on the "Payment" which implies full and complete acceptance of the present terms and conditions of sale.

HOMEEXCHANGE will immediately send each customer an acknowledgement of receipt of their order by email. HOMEEXCHANGE invites customers to read their messages.

5- Unless otherwise stated, prices are indicated in the currency of the Guest's country of residence, and, failing that, in Euros (EUR). It is the responsibility of customers to pay all applicable fees and taxes resulting from the use of the Site and Services in a timely manner and using a valid payment method accepted by the Site. Any bank fees or commissions are the responsibility of the customer.

6.1- HOMEEXCHANGE reserves the right to suspend or refuse any order from a customer with whom there is a payment dispute for a previous order, while awaiting payment for this order.

6.2- HOMEEXCHANGE reserves the right to suspend or refuse any order from a customer whose listing does not respect the conditions described in I.1.

7- A Customer can only benefit from a listing every sixty (60) calendar days. In the event of a multiple purchase of BOOST Offers, HOMEEXCHANGE reserves the right to contact the Customer to inform him/her and proceed with the reimbursement if the conditions of promotion do not satisfy the Customer.

II/ Time limit and conditions of retraction

The Site's Customer has a period of fourteen (14) calendar days from the payment of a BOOST Offer to exercise his/her right of withdrawal from HOMEEXCHANGE INC, without having to justify his/her reasons (except in the case of renunciation of the Insurance Service and the Assistance Service), nor to bear any penalty, provided that the advertisement has not already been put forward by HOMEEXCHANGE INC.

To exercise his/her right of withdrawal, the customer must inform HOMEEXCHANGE INC of his/her decision by sending an e-mail to the following address: contact@homeexchange.com.

Upon receipt, HOMEEXCHANGE INC will send the Customer an email confirming that the exercise of his/her right of withdrawal has been taken into account.

The sums paid for the Services will be credited to the credit card used by the Member as soon as possible, and in any case, no later than fourteen (14) days following the date on which the right of withdrawal was exercised.

III/ Liability

1- HOMEEXCHANGE INC. shall in no way be held liable for the success of the impact of the advertisement on the Customer. The purchase of a BOOST offer in no way guarantees that an exchange will be found or that requests will be received from other members of the HOMEEXCHANGE community.

2- HOMEEXCHANGE cannot be held responsible for any inconvenience or damage inherent to the use of the Internet network and falling under the category of force majeure, notably a break in service, external intrusion or the presence of computer viruses, or any other event qualified as force majeure, according to jurisprudence.

The consumer benefits from legal guarantees as provided for in Articles 1641 and following of the Civil Code and L211-4 and following of the Consumer Code.

IV/ Treatment of the customers' personal data

Customers' personal data are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

All information regarding the processing of personal data is specified in the Privacy Policy, which can be accessed on the following page: https://www.homeexchange.com/p/homeexchange-privacy-policy.

V/ Intellectual property

The brands, logos, graphics, photographs, animations, videos and texts contained on the www.HomeExchange.com site are the intellectual property of HOMEEXCHANGE INC or its partners and may not be reproduced, used or represented without the express authorization of the Company or its partners, under penalty of legal action.

All information relating to the processing of personal data is specified in the Privacy Policy, accessible on the following page: https://www.homeexchange.com/p/homeexchange-privacy-policy.

Customers are prohibited from modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially exploiting and/or distributing in any way whatsoever the Services, the pages of the Site, the databases, or the computer codes of the elements making up the Services and the Site.

VI/ Applicable law - attribution of jurisdiction

The GTC are governed by French law, except for public policy provisions relating to consumer protection in the country of residence of a customer. These provisions have no impact on the applicable VAT treatment.

In the event of a dispute concerning the interpretation and/or execution of the present GTC, the customer and HOMEEXCHANGE INC will seek, before any legal action, an amicable agreement and will communicate to each other all necessary information.

If an amicable agreement between the customer and HOMEEXCHANGE INC cannot be reached, the customer has the possibility to refer the matter, within a period of less than one year, free of charge, by simple mail or email, to a Consumer Mediator, who will find a solution within 90 days.

In the event that no amicable agreement can be reached, and where mediation has failed, any dispute that may arise in connection with the validity, interpretation or performance of the TOS and/or the service in question will be submitted, at the option of the plaintiff, to the courts :

- of the place where the defendant resides ;

- of the place of execution of the service;

Pursuant to Article R. 631-3 of the French Consumer Code, the Member may also bring the matter before the court of the place where he/she lived at the time of the conclusion of the contract or the occurrence of the harmful event, in addition to one of the above-mentioned courts.

This clause applies even in case of summary proceedings, incidental request or multiple defendants or guarantee appeal, and regardless of the payment methods.

VII/ Transmission

HOMEEXCHANGE INC reserves the right to assign or transfer its rights and obligations under these GTCs automatically after notification in accordance with the clause below.

VIII/ Additional legal information

The Director of Publication of the Site is Emmanuel Arnaud

IX/ Interpretation

In case of contradiction between a translation and the French version, only the French version will be deemed authentic.