Your rights and obligations


When you use our site, you are likely to be subject to a number of obligations and/or benefit from certain rights and guarantees. This page is intended to inform you of these rights and obligations in order to avoid any abuse.


Your obligations :


ARE YOU AN INDIVIDUAL OR A PROFESSIONAL ?


We remind you that you are likely to be considered a professional, especially in the following cases :
- You sell items purchased for resale and not for personal use;
- You sell items you've created yourself;
- You regularly sell a large volume of items;
- Sales make you generate profits and generate substantial income.


If you have any doubts about your status as a professional or a private individual, please ask about the legal and regulatory provisions that can help you determine your status..


PRIVATE ADVERTISER


Report your income generated on our website


In accordance with section 87 of the Finance Act for 2016, we remind you that you are likely to be liable for income tax for your activity on our website..


It is therefore up to you to report the income from this activity to the tax authorities.


For your information, we remind you that tax evasion exposes you to :
- A tax adjustment resulting in the regularisation of the sums due (with late penalties ranging from 15% to 100%)
- Flat-rate fines ranging from 1.5% to 5% on undeclared amounts
Criminal sanctions :
- Imprisonment (up to 5 years, excluding aggravating circumstances))
- A fine (up to 500,000 euros, excluding aggravating circumstances))
- A ban on independent practice or running a business
- Deprivation of civil, civil and family rights
- Forfeiture penalties.


For more information, you can visit the following website : http://www.impots.gouv.fr/portal/static/


- Obligation to comply with regulations on short-term vacation rentals
- Obligation to report to your municipality


It is up to you to get closer to the town hall of your municipality, in order to know :
- The regime put in place for changing the use of a living space
- How to collect the residence tax and the amount of the tax applied in your municipality.


In addition, we inform you that anyone offering a tourist accommodation must have made the declaration to the mayor of the municipality where the furnished is located.p>

Tenant disclosure requirement


We remind you that it is your responsibility to provide your tenants with the following information :
- Information about the property rented (location, description, number of beds etc, equipment, amenities..);
- Emergency contact (owner, agency, caretaker, emergency services, health or emergency agencies);
- Reminders about condominium life or house life (caretaker, selective sorting, respect for the neighbourhood).


You also have an obligation :
- To make the premises available to tenants as described in the advertisement;
- Respect the rates and tenancy dates agreed with your tenants, as well as any other terms that have been agreed between you;
- Stay available and be responsive to answer your tenants' questions and requests.


PROFESSIONAL ADVERTISER


Obligation to declare yourself as a professional


If you are in a professional activity, you must declare yourself as such and register :
- At the National Directory of Companies in order to obtain your Siret number as well as the EPA code of your activity;
- The professional register that corresponds to your activity (Register of Trade and Companies, Register of Trades for example).


Requirement to report to tax authorities


If you are a professional on our website, you must file a declaration of existence and choose your tax plan from the tax services.
In accordance with section 87 of the Finance Act for 2016, we remind you that you are likely to be liable for income tax for your activity on our website..
It is therefore up to you to report the income from this activity to the tax authorities.
For your information, we remind you that tax evasion exposes you to :
A tax adjustment resulting in the regularization of the sums due (with late penalties ranging from 15% to 100%)
Flat-rate fines ranging from 1.5% to 5% on undeclared amounts
Criminal sanctions :
- Imprisonment (up to 5 years, excluding aggravating circumstances))
- A fine (up to 500,000 euros, excluding aggravating circumstances))
- A ban on independent practice or running a business
- Deprivation of civil, civil and family rights
- Forfeiture penalties.


For more information, please visit: http://www.impots.gouv.fr/portal/static/.


Obligation to report to social services


If you are self-employed or an employer and you are active in all or part of your activity through our website, you are liable for contributions and social contributions from the Urssaf.


If you are an employer, you can view the terms of declaration and payment (due) of your contributions on the website of the Urssaf, accessible by clicking on this link : https://www.urssaf.fr/portail/home/employeur.html


If you are self-employed, you can view the terms of declaration and payment (due) of your contributions on the website of the Urssaf, accessible by clicking on this link : https://www.urssaf.fr/portail/home/independant.html


We remind you that a debtor who has not paid all contributions and social contributions is at risk of a recovery.


Refusal to contribute to social security exposes you to a 3rd class ticket (up to 450 euros) and, in case of a repeat offence, a 5th class ticket (up to 1500 euros). Added to this criminal sanction is the obligation to regularize the debt to the social security agency (contributions due - delay increases).


In addition, you may be ordered to reimburse benefits: primary funds that have paid long-term sickness or work-related benefits may continue to reimburse them in order to meet the contributions and contributions due.


Respecting consumer law


If you are a professional seller and offer your goods or services to individuals, you are required to respect consumer law, including :
- Failing to implement unfair practices


The business practices that you implement as part of your activity on our site should not be unfair, i.e. it should not aim to unduly influence the consumer's choice, to push him to contract with you..


There are two categories of unfair business practices, which we invite you to consult by clicking on the following links:
- Deceptive practices (Article L.121-1 and following of the Consumer Code)
- Aggressive Practices (Articles L.122-11 to L.122-15 of the Consumer Code).


Communicating certain information to consumers


You need to tell consumers, clearly and understandably :
- Your name or name, head office address, RCS number, social capital ;
- Your phone details and email address that can actually get in touch with you ;
- The essential characteristics of the good or service
- The total cost of the product or service as well as any additional costs ;
- Delivery costs ;
- Payment, delivery or execution arrangements ;
- The duration of the validity of the offer and the price offered ;
- The date or time you commit to delivering the property or delivering service ;
- The existence or absence of a right of withdrawal and the terms and conditions.


In addition, at the latest at the time of delivery, it will be necessary to provide the consumer, on written support or any other durable support. :
- Confirmation of previously given information (your name, contact information, delivery fees, etc.) ;
- Information on the terms and conditions of the right to withdraw ;
- The address of the supplier's establishment where the consumer can make claims ;
- Information on after-sales service and business guarantees.


For more information about your consumer information obligations, please see the following links :
- Article 111-1 of the Consumer Code
- Section 111—2 of the Consumer Code
- Articles L. 121-16 to L.121-19-4 of the Consumer Code
- Article 19 of Law 2004-575 of 21 June 2004 for confidence in the digital economy.


Comply with consumer right to retracte regulations


When you sell a property to a consumer, it is imperative that you inform them about the terms and conditions of their right to withdraw (duration of withdrawal period, starting point, refund of the product, payment of return fees, terms of practice, etc.).


Warning: If you do not provide the information on the withdrawal period, it can be extended to twelve months, and you incur an administrative fine of up to 15,000 euros for a natural person and 75,000 euros for a legal person.


If the customer exercises his right of withdrawal, you must refund the property (and its delivery costs) within fourteen days of the day of withdrawal or after the recovery of the property or the provision of proof of re-shipment of these goods.


Comply with consumer mediation regulations


It is imperative that you choose one or more competent mediators to resolve any disputes that may arise between you and a consumer and to provide contact information on your business documents (quotes, invoices, general terms of sale...) or on your website.


Your rights


ARE YOU A SITE USER OR BUYER ?


As a simple user or as a buyer on our site, you benefit from the following rights and guarantees..


user


As a natural person who uses our site, you have rights to our handling of your personal data. We invite you to check them out on our Privacy/Cookies page.


buyer


Your right to withdraw


As a consumer, you have a right of withdrawal, allowing you to re-enter your commitments, within fourteen free days, which runs from the day after the receipt of the property for the sale of goods and from the day after the acceptance of the offer in the case of the services.
When it expires on a Saturday, Sunday or public holiday, it is extended until the next business day.


Beware, some cases are not affected by this delay and in particular (Article L 121-21-8 of the Consumer Code) :
- Goods made to the consumer's specifications (tailored products, etc..),
- Sales of perishable goods,
- Still providing accommodation, transportation and catering services to be provided on a specific date or periodicity.


The exercise of the right of withdrawal has the effect of cancelling the contract. Therefore, you are required to return the property within fourteen days by charging you the return costs, and you must inform the professional.


For all intents and purposes, we remind you that when buying or underwriting a subscription from Annoncepopulaire, any advertiser agrees, at the time of the validation of their order, that Annoncepopulaire begins to perform the benefit, and expressly waives his right of withdrawal.


The guarantee of compliance


When you buy a product from a professional, the professional must guarantee you against its existing compliance defects before the purchase :
- The property is unfit for the usually expected use of a similar property
- The property does not match the description given by the seller
- The property does not have the qualities advertised by the seller or agreed with you.


The defects may come from the property itself, from the packaging, from the instructions, from the installation when it has been placed at the seller's expense or carried out under his responsibility..


This warranty applies only to personal property, such as consumer goods, and allows for reimbursement or repair of the defective property.This warranty applies only to personal property, such as consumer goods, and allows for reimbursement or repair of the defective property..


It should be noted that the professional can also offer you a commercial guarantee, not mandatory. When a seller refers to a "one-year guaranteed" product (or another term), it is most often the commercial guarantee.


Your rights in case of delivery delay


In the absence of details on the delivery date or express agreement between you and the seller, the seller has the obligation to deliver to you no later than thirty days after the conclusion of the contract.


If there is a failure to deliver within the scheduled time or thirty days after the contract is concluded, you can order the professional, in writing, to make the delivery or provide the service within an additional 30 days..


If the professional has not run within this new time frame, you can request, always in writing, the resolution of the sale, effective at the receipt by the professional of your mail.


Your right to mediation


If you have a dispute with a professional who has sold you a product or provided a service through our website, you have the option of using consumer mediation.


In order to do this, it is imperative that you have contacted the professional beforehand to try to resolve the dispute. If this does not succeed, you can then refer the matter to a consumer mediator.


Its mission is to propose amicable solutions to disputes between consumers and professionals.


You can find the contact information of the competent mediator or mediators whose professional you have a dispute with about his business documents (quotes, invoices, general terms of sale ...) or on his website.


For more information, you can see the following link : http://www.economie.gouv.fr/mediation-conso


In accordance with the provisions of the Consumer Code regarding the amicable settlement of disputes, Annoncepopulaire joins the E-Commerce Ombudsman's Office of FEVAD (Federation of e-commerce and distance selling) whose contact details are: 60 rue de La Boétie - 75008 PARIS - http://www.mediateurfevad.fr. After a written prior approach by consumers Annoncepopulaire, Ombudsman's Office may be referred to any consumer dispute whose settlement has not been reached.


The above is provided for information. They are not necessarily exhaustive and cannot be substituted for applicable regulations.


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