Terms and Conditions
Effective Date: March 17, 2025
These general terms and conditions of sale apply without restriction or reservation to all online sales offered by the seller, the company SITEINSIGHT, a simplified joint-stock company with a capital of 1,000 euros, registered with the Trade and Companies Register of Nanterre under number 929 093 052, whose registered office is located at 99 avenue Achille Peretti – 92200 Neuilly-sur-Seine (hereinafter, the "Seller" or "SITEINSIGHT") under the brand PLACEADVISOR on the website www.placeadvisor.fr (hereinafter, the "Site").
SITEINSIGHT can be contacted at the following details, including for any complaints:
Postal address: 99 avenue Achille Peretti – 92200 Neuilly-sur-Seine
Phone: +33 7 44 30 09 78
Email address: [email protected]
The Site is an e-commerce platform that allows professional users (hereinafter, "Professional Buyers") and individual users (hereinafter, "Individual Buyers") (hereinafter, collectively, the "Buyers") to order digital study reports aimed at obtaining information related to the address provided by the Buyers (hereinafter, the "Address"), prepared by the Seller (hereinafter, the "Products").
These general terms and conditions define the terms and conditions of online sales and delivery of the Products, as well as the rights and obligations of the parties in this context (hereinafter, the "T&Cs").
They are accessible and printable at any time via a direct link at the bottom of the Site's page. The applicable version of the T&Cs is the one available online on the Site at the date of the Buyer's order.
The T&Cs prevail over any other general or specific conditions not expressly agreed upon by SITEINSIGHT.
They may be supplemented, where applicable, by specific terms of use for certain services and/or products offered on the Site, which supplement the T&Cs and, in case of contradiction, prevail over the latter.
The fact that SITEINSIGHT does not enforce any of the T&Cs at any given time cannot be interpreted as a waiver of its right to enforce any of the said conditions at a later date.
The invalidity of a contractual clause does not result in the invalidity of the general terms and conditions of sale. The temporary or permanent non-application of one or more clauses of the T&Cs by SITEINSIGHT shall not constitute a waiver of the other clauses of the T&Cs, which continue to produce their effects.
A. LEGAL CAPACITY
The Site is accessible to:
any natural person with full legal capacity to commit under the T&Cs. A natural person who does not have full legal capacity may only access the Site with the consent of their legal representative.
any legal entity acting through a natural person with the legal capacity to contract on behalf of and for the legal entity.
B. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
The Buyer's acceptance of the T&Cs is materialized by a checkbox in the order form on the Site. This acceptance can only be full and complete. Any conditional acceptance is considered null and void. The Buyer who does not accept to be bound by the T&Cs must not place an order on the Site.
The Site is accessible to all users of the internet network in principle 24/7, except for scheduled or unscheduled interruptions by SITEINSIGHT or its service providers, for maintenance and/or security purposes or in case of force majeure or Site updates. SITEINSIGHT cannot be held responsible for any damage, of any nature, resulting from the unavailability of the Site.
SITEINSIGHT does not guarantee that the Site will be free from anomalies, errors, or bugs, nor that the Site will operate without failure or interruption. In this regard, it may freely and at its sole discretion determine any period of unavailability of the Site or its content. SITEINSIGHT cannot be held responsible for data transmission, connection, or network unavailability issues.
Before any online order and in accordance with the provisions of Article L111-1 of the Consumer Code, the Buyer can view, on the Site, the characteristics of each Product they wish to order.
SITEINSIGHT will ensure that the photographs and descriptions of the Products on the Site are as accurate as possible to the Products themselves. The Products offered for sale are described and presented with the greatest possible accuracy. However, a slight variation in the appearance of the Product(s) does not engage the responsibility of SITEINSIGHT and does not affect the validity of the sale.
A. PLACING AN ORDER
To place an order, the Buyer must indicate the Address, provide their email, and validate the order.
The order is deemed received by SITEINSIGHT when it is definitively confirmed by the Buyer.
B. ORDER CONFIRMATION
After placing their order, the Buyer receives an email confirmation with a summary of the order details.
The Buyer must ensure that the contact details provided are correct and allow them to receive the email in question. In the absence of receipt, the Buyer must contact SITEINSIGHT at the contact details mentioned in Article 1.
SITEINSIGHT recommends that the Buyer keeps the information contained in the order confirmation.
A. PRICE
The sale prices of the Products are displayed on the Site.
They are indicated in euros, inclusive of all taxes (applicable VAT, if any, and other applicable taxes).
SITEINSIGHT reserves the right, at its sole discretion and according to terms it deems appropriate, to offer promotional offers or price reductions.
The applicable price is the one displayed on the Site at the time of the Buyer's order registration.
B. PAYMENT METHODS
The full price of the Products is due at the time of order.
Payment can be made online by credit card, through the secure online payment service indicated on the Site.
C. INVOICING
The invoice corresponding to each order placed by the Buyer is sent by email.
A. DELIVERY TERRITORY
Buyers are expressly informed that the Site only offers digital delivery of Products in the countries listed on the Site.
B. DELIVERY TIMES AND PRODUCT AVAILABILITY
Products are delivered within a maximum period of forty-eight (48) hours from the time of order placement.
Products are delivered in the form of a link communicated by email by the Seller. The Buyer is responsible for accessing the link as soon as possible to ensure that the Product corresponds to the reality at the time of order placement. Otherwise, the Seller cannot be held responsible in this regard.
The Product is accessible via the provided link for one year. It is therefore the Buyer's responsibility to access it within this period. Otherwise, the Seller cannot be held responsible in this regard.
The Buyer must ensure that the information provided is correct and remains so until the complete delivery of the ordered Product(s). The Buyer therefore agrees to inform SITEINSIGHT of any changes in billing and/or delivery details that may occur between the Order and delivery, by sending, without delay, an email to the customer service email address. Otherwise, in case of delay and/or delivery error, the Buyer cannot in any case hold SITEINSIGHT responsible, and SITEINSIGHT's customer service will contact the Buyer for a new delivery.
In accordance with the provisions of Article L.221-28, 13° of the Consumer Code, which provides for an exemption from the right of withdrawal in the case of:
"the supply of digital content not supplied on a tangible medium, the execution of which has begun before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, when:
They have given their prior express consent for the execution of the contract to begin before the end of the withdrawal period; and
They have acknowledged that they will lose their right of withdrawal; and
The professional has provided confirmation of the consumer's agreement in accordance with the provisions of the second paragraph of Article L. 221-13.",
the Individual Buyer expressly waives the right of withdrawal provided for in Article L.221-18 of the Consumer Code.
SITEINSIGHT reminds the Buyer that they benefit from the legal warranties of conformity and for hidden defects of the sold item.
If the Buyer finds that the Product delivered to them is defective, non-conforming, or damaged, they must inform SITEINSIGHT at the contact details mentioned in Article 1 of these T&Cs, indicating the nature of the defect, non-conformity, or damage observed and providing any useful evidence, particularly in the form of photographs.
SITEINSIGHT will carry out the necessary checks and will offer the Buyer the replacement of the Product if possible. If the replacement of the Product is impossible, SITEINSIGHT will refund the Buyer the full price paid for the Product, by any appropriate means, as soon as possible and no later than 14 days from the date on which SITEINSIGHT informs the Buyer of the impossibility of replacing the Product.
The legal texts relating to the legal warranties are reproduced in Appendix 1 of the T&Cs.
Buyers are solely responsible for the choice and use they make of the Products. It is their responsibility to verify the suitability of the Products to their specific needs and constraints before purchasing the said Products.
It is also the Buyer's responsibility to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any damage.
SITEINSIGHT undertakes to carry out regular checks to verify the operation and accessibility of the Site and the Product. In this regard, SITEINSIGHT reserves the right to temporarily interrupt access to the Site or the Product for maintenance reasons. Similarly, SITEINSIGHT cannot be held responsible for temporary difficulties or impossibilities of accessing the Site due to circumstances beyond its control, force majeure, or disruptions in telecommunication networks.
SITEINSIGHT's liability is excluded in case of direct or indirect damage to property or persons, suffered by the Buyer or a third party, resulting from the following cases:
Negligence or fault committed by the Buyer or a third party;
Any use in conditions manifestly non-compliant with the intended use of the Products.
SITEINSIGHT cannot be held responsible for the non-performance or delay in the performance of orders due to circumstances beyond its control or force majeure, it being expressly specified that the following are considered as force majeure, in addition to those usually recognized by French courts: exceptional weather conditions, natural disasters, fires and floods, lightning, terrorist attacks, cases of breakdown or blocking of telecommunication networks, damage caused by viruses for which existing security measures on the market do not allow their eradication, as well as any legal or regulatory obligation or public order imposed by the competent authorities and which would have the effect of substantially modifying the T&Cs.
In any case, the liability that may be incurred by SITEINSIGHT under these T&Cs is expressly limited to the direct and proven damages suffered by the Buyers.
The Seller uses software to retrieve, assemble, and sort raw data provided by third parties. This software generates study reports based on this data. Thus, the Seller cannot guarantee the reliability or accuracy of said information and therefore of the results established by the study reports, which are the subject of the Products. The Seller cannot therefore be held responsible in this regard.
The Products display ratings related to the Address and trends (e.g., weather, traffic, etc.), based on various criteria clearly identified in the Products, for the perfect understanding of the Products by the Buyers. These ratings and trends may be subject to different interpretations depending on the sensitivities of the Buyers. Thus, the Buyers acknowledge that SITEINSIGHT cannot be held responsible for any discrepancy between the ratings and trends and the elements reported in the Products.
The use of the Products by the Buyer is their sole responsibility. The Seller's liability cannot in any case be engaged on the basis of decisions made by the Buyer based on the information contained in the Product. It is the Buyer's responsibility to carry out the necessary and appropriate checks depending on the stakes of the use they will make of the Products.
The systems, software, structures, infrastructures, databases, and content of any kind (texts, images, visuals, music, logos, trademarks, databases, etc.) operated by SITEINSIGHT within the Site are protected by all intellectual property rights or database producer rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copying, and more generally, any act of reproduction, representation, dissemination, and use of any of these elements, in whole or in part, without the authorization of SITEINSIGHT is strictly prohibited and may result in legal proceedings.
Buyers acknowledge that they hold all rights to the photographs transmitted as part of a Product order and are solely responsible for them. SITEINSIGHT cannot be held responsible for said photographs, particularly concerning the violation of third-party image rights, third-party copyright, or third-party intellectual property rights.
A. PERSONAL DATA
When the Buyer places an order on the Site, the Buyer's personal data is collected by SITEINSIGHT under the conditions described in the privacy policy available here: https://placeadvisor.fr/fr/privacy-policy.
B. NEWSLETTER
By checking the box provided for this purpose or by expressly giving their consent, the Buyer agrees that SITEINSIGHT may send them, at a frequency and in a form determined by SITEINSIGHT, a newsletter (newsletter) that may contain information related to its activity.
When the Buyer checks the box provided for this purpose in the registration process on the Site to place the order, they agree to receive commercial offers from SITEINSIGHT for Products similar to those ordered.
Buyers may unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each newsletter.
C. PARTNER OFFERS
By checking the box provided for this purpose or by expressly giving their consent, the Buyer agrees that SITEINSIGHT may send them, at a frequency and in a form determined by SITEINSIGHT, partner offers related to its activity.
Buyers may request SITEINSIGHT to no longer send them these partner offers by clicking on the link provided for this purpose, present in each communication related to partner offers.
D. DO-NOT-CALL LIST
Buyers have the option to register for free on a do-not-call list BLOCTEL (www.bloctel.gouv.fr) to no longer be contacted by phone by a professional with whom they do not have an ongoing contractual relationship, in accordance with Law No. 2014-344 of March 17, 2014, relating to consumption.
SITEINSIGHT reserves the right to insert on any page of the Site and in any communication to Buyers any advertising or promotional messages in a form and under conditions determined solely by SITEINSIGHT.
SITEINSIGHT cannot in any case be held responsible for the technical availability of websites or mobile applications operated by third parties (including its potential partners) to which the Buyer may access through hyperlinks present on the Site.
SITEINSIGHT does not endorse any responsibility for the content, advertisements, products, and/or services available on such third-party websites and mobile applications, which are governed by their own terms of use.
SITEINSIGHT is also not responsible for transactions between the Buyer and any advertiser, professional, or merchant (including its potential partners) to which the Buyer may be directed through the Site and cannot in any case be a party to any potential disputes with these third parties concerning in particular the delivery of products and/or services, warranties, declarations, and any other obligations to which these third parties are bound.
The following are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down, or prevent the proper functioning of the Site, (ii) any intrusion or attempted intrusion into SITEINSIGHT's systems, (iii) any diversion of the Site's system resources, (iv) any action likely to impose a disproportionate burden on the Site's infrastructure, (v) any breach of security and authentication measures, (vi) any act likely to harm the financial, commercial, or moral rights and interests of SITEINSIGHT or the users of its Site,
(vii) any practice diverting the Site for purposes other than those for which it was designed, and finally, more generally, (viii) any breach of the T&Cs or applicable laws and regulations.
It is also strictly prohibited to monetize, sell, or grant access to the Site or the information it contains, in whole or in part.
Buyers agree not to use the Products for racist, pedophilic, pornographic purposes, or more generally, in a way that infringes the rights of third parties.
In any case, Buyers agree to indemnify SITEINSIGHT for all financial consequences related to legal action or a claim from a third party related to the misuse of the Products by the Buyers.
SITEINSIGHT reserves the right to exclude Buyers who do not comply with the general terms and conditions set out here, by disconnecting them or deleting their account and the data inherent to the account.
In case of breach of any of the provisions of this article or more generally, of violations of laws and regulations, SITEINSIGHT reserves the right to take all appropriate measures and to initiate any legal action.
SITEINSIGHT reserves the right to modify these T&Cs at any time. In this case, the applicable conditions will be those in force at the date of the Buyer's order.
In the event of a translation of the T&Cs into one or more languages, the language of interpretation shall be French in case of contradiction or dispute over the meaning of a term or provision.
It is also recalled that any consumer has the right to resort to a consumer mediator free of charge for the amicable resolution of a dispute opposing them to a professional. To this end, SITEINSIGHT guarantees the Buyer effective recourse to a consumer mediation system.
Consumer Dispute Mediation: In accordance with the provisions of the Consumer Code concerning the amicable resolution of disputes, SITEINSIGHT adheres to Médiateur Conso Drôme (CMD 26), located at 19 Bis Rue Jonchère - 26000 Valence / [email protected].
After prior written steps by the consumer towards SITEINSIGHT, the mediation service can be seized for any consumer dispute whose resolution has not been successful.
The Individual Buyer may resort to the mediation service for consumer disputes related to an order placed online.
It is also recalled that mediation is not mandatory but only offered to resolve disputes without resorting to legal action. In case of failure of this mediation procedure or if the Buyer wishes to seize a court, the rules of the Code of Civil Procedure shall apply.
The Buyer may also contact the dispute resolution platform set up by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.
In the absence of an amicable resolution, any dispute relating to the interpretation and execution of the T&Cs shall be brought before the Commercial Court of Neuilly-sur-Seine.
The T&Cs are governed by French law.
Article L. 217-4 of the Consumer Code
The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when this has been made their responsibility under the contract or has been carried out under their responsibility.
Article L. 217-5 of the Consumer Code
The goods conform to the contract:
If they are fit for the usual purpose expected of similar goods and, where applicable:
if they correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
if they present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
Or if they present the characteristics agreed upon by the parties or are fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by them.
Article L. 217-7 of the Consumer Code
Any lack of conformity that appears within twenty-four months from the delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller may challenge this presumption if it is incompatible with the nature of the goods or the alleged lack of conformity.
Article L. 217-8 of the Consumer Code
The buyer is entitled to demand that the goods conform to the contract. However, they cannot contest the conformity by invoking a defect that they knew or could not have been unaware of at the time of contracting. The same applies if the defect originates from materials they themselves supplied.
Article L. 217-9 of the Consumer Code
In case of lack of conformity, the buyer may choose between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate compared to the other option, considering the value of the goods or the importance of the defect. In this case, the seller is required to proceed, unless impossible, according to the option not chosen by the buyer.
Article L. 217-10 of the Consumer Code
If repair and replacement of the goods are impossible, the buyer may return the goods and obtain a refund of the price or keep the goods and obtain a partial refund. The same option is available:
1° If the solution requested, proposed, or agreed upon under Article L. 217-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be implemented without major inconvenience for the buyer, considering the nature of the goods and the intended use.
However, the sale cannot be rescinded if the lack of conformity is minor.
Article L. 217-11 of the Consumer Code
The application of the provisions of Articles L. 217-9 and L. 217-10 is free of charge for the buyer. These provisions do not preclude the award of damages.
Article L. 217-12 of the Consumer Code
The action resulting from the lack of conformity is barred after two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code
When the buyer requests the seller, during the course of the commercial warranty granted at the time of acquisition or repair of movable property, a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period runs from the buyer's request for intervention or the availability of the goods for repair, if this availability is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects in the sold item that make it unfit for its intended use or that diminish its use to such an extent that the buyer would not have acquired it or would have given a lower price if they had known of them.
Article 1643 of the Civil Code
The seller is liable for hidden defects, even if they were unaware of them, unless in this case they stipulated that they would not be bound by any warranty.
Article 1644 of the Civil Code
In the cases of Articles 1641 and 1643, the buyer has the choice of returning the item and obtaining a refund of the price or keeping the item and obtaining a partial refund.
Article 1648, first paragraph of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.