IMPORTANT :

Access to the website from the URL https://www.kadran.immo/ or from a URL dedicated to an Advertiser and to the auction rooms accessible from the URL https://kadran.co/, as well as to their various pages (hereinafter « the Site »), their consultation and their use are subject to the unreserved acceptance of the present general conditions of use (hereinafter « the GCU »).
By browsing the Site, visitors acknowledge that they have read and fully and unreservedly accept these GCU.
Visitors’ attention is drawn to the importance of reading them carefully.

1. Site presentation

The Site is an online interactive real estate auction platform published and operated by KADRAN, a SAS with capital of €10,000, registered with the Paris Trade and Companies Register under number 948 866 629, whose registered office is located at Wojo Paris Madeleine 18 Boulevard Malesherbes 75008 Paris, represented by One Maker Nation, in its capacity as President with full powers for the purposes hereof, hereinafter referred to as « One Maker Nation ».

The Site enables Internet users to consult online interactive, progressive or degressive auction advertisements, to register for « Auction Alerts » in order to be informed of forthcoming auctions, to request registration for these auctions and then, once the registration request has been validated, to participate in these auctions; these auctions concern contracts for the reservation of real estate in a future state of completion, or contracts for the sale of existing real estate; the fact of winning an auction does not legally express an offer by the Internet user but a simple intention to purchase.

All the properties listed in the ads and auctions are offered by advertisers who are partners of KADRAN; the identity and contact details of each partner advertiser are mentioned in the corresponding ads and when accessing the auctions that concern them.

The Site also enables Internet users to contact KADRAN with a view to selling their property(ies) and to be put in contact with a partner real estate agency by KADRAN.

Finally, the Site allows professional Internet users interested in the Site to contact KADRAN, request information or schedule a demonstration.

2. Definitions

In these GCU, the following terms shall have the following meanings:

• KADRAN: refers to the online brokerage company that publishes and operates the Site;
• Ad: refers to all elements and data (plans, photographs, videos, virtual tours, etc.) placed online by KADRAN on the Site at the Advertiser’s request, with a view to offering Users a Property marketed by the Advertiser in the form of an interactive auction;
• Advertiser: refers to the professional proposing to market the Property referred to in an Advertisement by means of an Event; the identity and contact details of each Advertiser are specified in the Advertisement, as well as in the Auction Rules recalling the parameters defined by the Advertiser for the organization of each Event (starting price, level, application of the progressive or degressive method, etc.),
• Property: refers to any real estate product, whether it is intended to give rise to a reservation contract for a property in a future state of completion or a sales contract for an existing property;
• Event: interactive online auction of the Property covered by the Advertisement on a fixed date and for a fixed period, during which any participant invited by the Advertiser may make an Offer;
• Progressive Method : designates a method of formulating an Offer during an Event, by which each Participant has the possibility of formulating his Offer for an amount which must always be higher than the last highest amount of an Offer from another Participant, it being specified that the first Offer is equal to the starting price, while the amount of the Offers must then increase by increments predefined in advance by the Advertiser; the Participant with the highest Bid at the end of the Event has the best chance of winning the sale, after examination and validation of his or her file by the Advertiser and the Seller;
• Degressive method: designates a method of formulating an Offer during an Event, whereby each Participant has the possibility of formulating his Offer for an amount that will be less than or equal to the starting price. The price of the Property decreases over time, in stages predefined by the Advertiser. The first Participant to submit an Offer has the best chance of winning the sale, after the Advertiser and the Seller have examined and validated his/her file;
• Offer: means the offer made by the Participant for a Good, which expresses a simple intention to purchase and not an offer,
• Participant: refers to any User whose registration request for an Event has been validated by the corresponding Advertiser, and who is thus entitled to participate in the Event;
• Site: designates the Internet site accessible from the URL https://www.kadran.immo/, its extension specific to auction rooms accessible from the URL https://kadran.co/, their various pages, or any other URL that may be substituted for them;
• User: means any natural person of legal age and capacity or any legal entity, having access to the Site and being able to consult the Advertisements published by KADRAN ;
• Seller User: refers to a sub-category of User consisting of any natural person of legal age and capacity, or any legal entity, having access to the Site and intending to sell one or more properties belonging to them;
• Professional User: refers to a sub-category of User made up of any real estate professional (real estate agent, developer, notary, etc.) who has access to the Site and is considering becoming an Advertiser.

3. Object

The purpose of the GCU is to determine the conditions under which KADRAN offers :

• Users to access the Site, to consult the Advertisements published by KADRAN, to contact KADRAN, to subscribe to « Auction Alerts » in order to be informed of upcoming Events, to contact the Advertiser to request registration for an Event and, more generally, to use the functionalities described below;
• Participants to access the auction room and formulate Bids;
• Sellers to contact KADRAN in order to be put in contact with a real estate agency with a view to selling their Property(ies) during an Event;
• Professional Users to contact KADRAN to request information or to schedule a demonstration of the Site  

4. Acceptance of T&Cs

By accessing or using the Site, any User acknowledges that he/she has read all of these GCU and expressly accepts them without reservation or modification of any kind. If the User or a fortiori the Participant does not approve of any of the following stipulations, or if he/she does not have the legal capacity to accept them, he/she is not authorized to access and use the Site.
The User is also invited to consult the Site’s privacy policy, which is accessible on the Site.

5. Description of how the Site works

By accessing the Site, the User can access the following functionalities:

• Registering for « Auction Alerts »
  By accessing the Site, the User has the option of registering for « Auction Alerts » in order to be informed of forthcoming Events. To this end,
  the User fills in the appropriate form, providing his or her e-mail address after clicking on the « Receive our auctions » or « Receive our alerts » button.
   Registration for this service implies the User’s acceptance of the Site’s privacy policy. 
• Consultation of Advertisements
  When accessing the Site, the User may also consult all the Advertisements posted online, including :
  • A description of the property to be advertised, including its geographical location, surface area and composition;
  • Access to documentation provided by the Advertiser relating to the Property, including photos, diagnostics, plans, etc;
  • The nature of the auction subject to the Event, i.e. whether it uses the Progressive Method or the Decreasing Method;
  • The starting price of the auction and the amount of the auction increments, upwards or downwards depending on whether the auction uses the Progressive or Decreasing Method;
  • The conditions of participation in the Event, in particular the prior approval of the User by the Advertiser;
  • Event agenda: closing date for event registrations and auction start date;
  • How to contact the Advertiser (telephone, email, etc.).
  • To be able to participate in an Event and make an Offer, the User must complete a registration request in the contact form appearing for this purpose on the Ad, providing personal information such as surname, first name, e-mail address and telephone number.
     The registration request implies validation by the User of the privacy policy specific to the Ad and participation in the corresponding Event.
    The Advertiser and KADRAN reserve the right to contact the User using the contact details provided at the time of registration, in order to study the User’s project and, if necessary, issue the User with approval to participate in the Event
  •  The User may contact the Advertiser using the contact details provided in the Ad in order to obtain further information about the Property featured in the Ad. 
• Participating in Events
  To participate in an Event, the Participant must connect to the auction room, which is a virtual room accessible online, on the date and at the start time of the auction indicated in the Advertisement.
   The Participant accesses the auction room by clicking on the link present in the invitation to take part in the auction sent by email when his/her registration request for the Event has been validated.
   When accessing the auction room, the Participant immediately accesses a window containing :
  • the auction rules specific to the Event, recalling the parameters defined by the Advertiser for the organization of the Event concerned (application of the Progressive Method or the Degressive Method, starting price, level, etc.);
  • a reference to the application of these GCU, which will again be immediately available for consultation on this occasion;
  • a statement concerning the application of the privacy policy specific to the Advertisement and participation in the corresponding Event, which will be available for consultation again on this occasion.  

The formulation of an Offer in the auction room presupposes the prior validation by the Participant of the above-mentioned elements.

The Participant may then formulate his Bid in the auction room.
 Participation in an Event is only open for a limited time and on a specific date fixed in advance, so that any Bid made after the expiry of the duration of the Event cannot be accepted.

In the event of a technical incident during the Event, it may be rescheduled with the same starting price and the same tier. Participants will be informed of this by the Advertiser and will have to submit their Bids again. Bids submitted during the first Event will not be taken into account.

• End of Events
  At the end of an Event, all Offers made by Participants are forwarded to the Advertiser.
  The Advertiser then examines all the Offers made on the Advertisement and reserves the right to accept or not to propose the signature of a preliminary sales agreement or a reservation contract for the Property covered by the Advertisement to one or other of the Participants of its choice, according to its own selection criteria (in particular according to conditions, deadlines, etc.).
   Please note that the outcome of the Event does not constitute the sale or reservation of the Property. 
• Registration request to sell one’s Property (Seller User)
  A Seller User interested in selling his or her Property at an Event may contact KADRAN by clicking on the « I’m selling » tab.
  To this end, the Seller User fills in the appropriate form, specifying the purpose of his or her sales project (nature of the Good(s) to be sold, number of rooms), providing his or her email address, telephone number and zip code, and, if he or she so wishes, filling in the empty space left to develop his or her message, then clicking on the « Send my request » button.
  Registration for this service implies validation by the Seller User of the Site’s confidentiality policy.
  KADRAN then contacts the Sell-Side User to offer to put him/her in contact with a partner real estate agency; if the Sell-Side User agrees to this offer, KADRAN puts the Sell-Side User in contact with the real estate agency concerned; this contact is confirmed electronically by KADRAN to the Sell-Side User, who is then contacted directly by the real estate agency concerned. 
• Information request for professionals (Professional User)
  A Professional User who is interested in selling one or more Goods at an Event may contact KADRAN by clicking on the « Pro » or « Kadran for Pros » tab. To
  this end, the Professional User fills in one or both of the forms provided in order to contact KADRAN, request information or schedule a demonstration, specifying the name of his or her company, the nature of his or her professional activity, the first and last name of the person to be contacted, his or her e-mail address, telephone number and, if he or she so wishes, filling in the empty space left to develop his or her message, then clicking on the send button.
  Registration for this service implies validation by the Professional User of the Site’s confidentiality policy.  

6. Cost of access to the Site

Access to the Site is completely free of charge for both the User and the Participant (excluding the cost of telecommunications and Internet access):

• for the Seller User, the remuneration conditions of the real estate agency with which the Seller User contracts are specified in the mandate to be regularized between the real estate agency concerned and the Seller User;
• for the Professional User, the services provided by KADRAN to the Professional User are defined in the offer submitted by KADRAN to the latter.  

7. Responsibility of the User/Participant

By accessing the Site, each User and Participant undertakes to use it peacefully and in particular to refrain from :

• collect in any way whatsoever information on other Users/Participants of the Site, without their express, prior and written consent and without that of KADRAN ;
• disrupt or attempt to disrupt the operation of the Site, disseminate viruses or any other technologies that may harm KADRAN, the Advertiser and/or other Users and Participants of the Site, create saturation, flood the server, attempt to probe, scan or test the vulnerability of a system or network, or breach security or authentication measures without the express prior written consent of KADRAN;
• automatically extract, reproduce, use or delete data from the Site without the express prior written consent of KADRAN.

8. KADRAN’s liability

• Site access

KADRAN undertakes to use its best efforts to ensure access, security and proper operation of the Site and to keep all the services offered on the Site accessible.
However, as this is an obligation of means, KADRAN does not guarantee that the Site will be free of anomalies or errors, that these can be corrected, that the Site will function without interruption or breakdown, or that malfunctions attributable to third-party software, whether or not incorporated in or supplied with the Site, will occur.
KADRAN also reserves the right to temporarily interrupt access to the Site for maintenance or improvement purposes in order to ensure proper operation.
KADRAN will use its best endeavors to prevent or correct such interruptions:
 – Damage caused by the suspension or interruption of access to the Site due, in particular, to a malfunction of the Internet network, a power cut, a maintenance or update operation, a computer virus, intrusion by a third party, corrupted files, data violation, unauthorized access or any case constituting force majeure;
 – Damage of any kind, whether foreseeable or unforeseeable (including loss of data, profits, turnover, business, opportunity, savings, earnings, etc.) arising from the use or inability to use this website.) arising from the use of or inability to access all or part of the Site.

• Putting Events on line KADRAN’s role with regard to Users and Participants in the context of putting Events on line is limited to :
  • Technically enable the posting of Advertisements on the Site at the request of the Advertiser and their consultation by Users;
  • Include in the Advertisement a description of the Property targeted by the Event;
  • Technically enable Users to subscribe to « Event Alerts » and fill out a registration form for an Event;
  • Technically enable the Event to take place and Participants to submit Bids;
  • Allow, at the end of the Event, the connection between the Advertiser and the Participants who have made Offers on the Property.

KADRAN shall in no event be held liable in the event of any discrepancy between the Property and its description in the Ad, which is based on information provided by the Advertiser

• Issue of Events

Both the User and the Participant acknowledge that KADRAN is in no way a party to any contract concerning the Goods that may be concluded between the Advertiser and the Participant whose Offer has been selected by the Advertiser. KADRAN remains a third party to any contractual relationship that may arise from the use of the Site between the Participant and the Advertiser or the latter’s principal.

• Contact us

KADRAN’s role with respect to the Seller User is solely to put the latter in contact with one or more partner real estate agencies.
The Seller User acknowledges that KADRAN is in no way a party to any mandate concerning the Property that may be concluded between the Seller User and the partner real estate agency using the Site’s services. KADRAN remains a third party to any contractual relationship inherent in such a mandate, as well as to any subsequent use of the Site based on said mandate. KADRAN’s role with respect to the Professional User is solely, with respect to the Site, to enable the latter to contact KADRAN, request information or request a demonstration.
The relationship between KADRAN and a Professional User is then governed by the terms of an offer or commercial proposal that may be issued by KADRAN and accepted by a Professional User wishing to become an Advertiser.

9. Advertiser’s liability

The Advertiser is solely responsible for the information provided to KADRAN by the Advertiser in connection with the Property, i.e. geographical location, surface area, description, starting price, plans, photos, etc., with a view to KADRAN placing the Ads online. The Advertiser shall be solely liable for any misleading, erroneous and/or incomplete information provided to KADRAN by the Advertiser in relation to the aforementioned information.

The User acknowledges that any contractual relationship that may arise at the end of an Event with a view to concluding a contract for a Good is solely between the User and the Advertiser or the Advertiser’s principal, and in no case with KADRAN.

10. Intellectual property

The Advertiser is the exclusive owner of all intellectual property rights to its trademarks, logos and distinctive signs appearing on the Site, as well as to the content of the Advertisements. With the exception of the elements referred to in the previous paragraph belonging to the Advertiser, KADRAN is the exclusive owner of all intellectual property rights relating to both the structure of the Site and its content, and in particular the images, sounds, videos, photographs, logos, trademarks, distinctive signs, graphic elements, textual elements, visual elements, tools, software, documents and data. All the aforementioned elements are made available to Users and Participants, free of charge, for the sole use of the Site and within the framework of normal use of its functionalities.
Users and Participants undertake to respect the intellectual property rights of KADRAN and the Advertiser, failing which they will be held personally liable and subject to civil and/or criminal prosecution.
Users and Participants are prohibited from reproducing, representing, publishing, transmitting, modifying, using, adapting, translating, distributing, transferring, exploiting or extracting, for commercial or non-commercial purposes, all or part of the elements covered by the aforementioned intellectual property rights, in any manner whatsoever, without the express prior written consent of KADRAN and/or the Advertiser.

11. Hypertext links

• Hyperlinks from the Site

The Site may contain hypertext links to websites operated by third parties. These links are provided for information purposes only. KADRAN has no control over these Internet sites and declines all responsibility for access, content or use of these sites, as well as for any damage that may result from consulting the information on these sites. The decision to activate these hypertext links is the sole responsibility of the User or Participant.

• Hyperlinks to the Site

No hypertext link may be created to the Site without the express prior written consent of KADRAN.
If a User or Participant wishes to create a hypertext link from his or her site to the Site, regardless of the medium, he or she must first contact KADRAN in order to obtain its written authorization by sending an e-mail to the contact address given in the GCU.

12. Personal data

In the course of using the Site, the User may provide personal data concerning him/her, which is processed automatically by KADRAN under the conditions set forth in the Site’s Privacy Policy, which can be accessed here.

Please note that when the User fills in the registration form for an Event available on the relevant Ad, or when he/she logs on as a Participant to the Auction Room in order to take part in an Event, his/her personal data is processed automatically by KADRAN and the Advertiser, the User’s personal data is processed automatically by KADRAN and the Advertiser, in accordance with the conditions set out in the joint KADRAN and Advertiser Privacy Policy, which can be accessed on the aforementioned Event registration form and on the auction room welcome screen.

13. Modification of the Site and the GCU

KADRAN reserves the right, at any time, to modify the operating rules or the content of all or part of the Site, as well as to interrupt, temporarily or permanently, its accessibility.
KADRAN also reserves the right to modify these GTUs at any time, and such modifications shall be reflected in the GTUs accessible on the Site.Users/Participants are invited to consult these GCU on a regular basis in order to take note of any changes made.
Use of the Site by the User/Participant implies full and unreserved acceptance of any changes made to the GCU.

14. Violation of the Terms of Use

In the event that KADRAN becomes aware that a User or Participant is in breach of any of the provisions of these GCU, of applicable laws or of the rights of third parties, and after written notice to the User or Participant to comply has remained unsuccessful for more than 8 days, except for serious cause justifying the absence of notice or the application of shorter notice, KADRAN reserves the right to restrict, suspend or prohibit, temporarily or permanently, the User’s or Participant’s access to the Site.

15. Right of assignment

KADRAN reserves the right to assign to third parties, in whole or in part, the rights and obligations arising from these GTU, provided that such assignment is made under the same terms or, at the very least, under terms that are no less advantageous to Users and Participants.

16. Disputes : applicable law and competent court

These GCU and all disputes arising between the User, the Participant, their successors or assigns and KADRAN are governed by French law.

The User/Participant is hereby informed that, in the event of a dispute, he/she may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Consumer Mediation Commission), with existing sectoral mediation bodies or with any alternative dispute resolution method (conciliation, for example).

In the event of any dispute arising from any transaction entered into in application of these GCU and which is not amicably resolved between the User/Participant and KADRAN, the French courts shall have exclusive jurisdiction, notwithstanding multiple defendants or third-party proceedings, whether in summary proceedings or on the merits. The competent French court shall be determined in accordance with the rules of the French Code of Civil Procedure.

All disputes arising between KADRAN and a User/Participant acting within the scope of his professional activities, to which the present GTU may give rise, shall be subject to the exclusive jurisdiction of the Commercial Court of NANTES (44), both in summary proceedings and on the merits, notwithstanding plurality of parties or the introduction of third parties, without any clause conferring jurisdiction that may exist on the documents of the said User/Participant being an obstacle to the application of the present clause.

17. Miscellaneous provisions

If any provision of these GCU is declared null and void or inapplicable in application of a law, regulation or following a final court decision, it shall be deemed unwritten and the other provisions shall remain in force.

The fact that KADRAN does not take advantage, at one time or another, of one of the stipulations of the present GCU may not be interpreted as a waiver of its right to do so.

18. Customer service

Any User or Participant may contact KADRAN’s customer service department:

• By telephone: 02 49 62 03 83 (toll-free number)
• By email: hello@kadran.immo
• By post: KADRAN – Service client Kadran – 18 boulevard Malesherbes 75008 PARIS