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General terms and conditions

General terms and conditions of sale
Internet Effective 01/01/2022

ARTICLE 1 – Scope of application

The present General Conditions of Sale (known as “CGV”) apply, without restriction nor reserve to any purchase of the following services:

  • TOKENIZATION OF REAL ESTATE COMPANY

The main features of the Services are presented on the website www.homecap.io. The Customer is required to read them before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer. These GTC are accessible at any time on the site https://homecap.io and shall prevail over any other document.

The Customer declares that he has read these GTC and has accepted them by ticking the box provided for this purpose before implementing the online ordering procedure on the site https://homecap.io. Unless proven otherwise, the data recorded in the Provider’s computer system constitutes proof of all transactions concluded with the Customer. The Provider’s contact details are as follows

HYBRIMOTION, LDA Share capital of 1000 euros
Registered at the RCS of LEIRIA, under the number 516082205
RUA DONA GLORIA BARATA RODRIGUES LOTE 55 2 AP4
Mail: gestion@homecap.io

The Services presented on the www.homecap.io website are offered for sale in the following territories:

  • EUROPE
  • United State & Canada

Administrative and fiscal declarations may be due or withheld at source. They will be charged to and are the sole responsibility of the Customer.

ARTICLE 2 – Prices The Services are provided at the prices in force on the website https://homecap.io, at the time the order is registered by the Service Provider.
The prices are expressed in Euros, exclusive of tax and VAT. The prices take into account any discounts that may be granted by the Provider on the website https://homecap.io.

These prices are firm and non-revisable during their period of validity but the Service Provider reserves the right, outside of the period of validity, to modify the prices at any time.

Prices include processing and administrative costs. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice will be issued by the Service Provider and given to the Customer upon delivery of the ordered Services.

ARTICLE 3 – Orders
It is up to the Customer to select on the homecap.io website, the project he/she wishes to participate in, according to the following modalities:

The Customer must register on the homecap.io platform to access the product shop. He can then add the products he is interested in to the basket and proceed to the payment of his order.

The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to check the accuracy of the order and to report any errors immediately.

Any order placed on the website www.homecap.io constitutes the formation of a contract between the Customer and the Provider.

The Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over the payment of a previous order.
The Customer may follow the progress of his order on the website.

ARTICLE 4 – Terms of payment
The price is paid by secure payment, as follows:

  • Payment by Cryptocurrency (BNB or BUSD) from the Binance Smart Chain protocol.
  • Payment by any Visa or Mastercard Credit card via “Stripe”.

The price is payable in cash by the Customer, in full on the day the order is placed. Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions on the www.homecap.io website. Payments made by the Client shall not be considered final until the Service Provider has received the amounts due. The Service Provider shall not be obliged to provide the Services ordered by the Client if the Client does not pay the Service Provider the full price in accordance with the above conditions.

ARTICLE 5 – Provision of the Services 

The Services ordered by the Customer will be provided as follows:

  • Matchmaking service for the purchase of company shares in crypto-currency and/or credit card.

The said Services will be provided within a maximum period of Implementation at the end of the given timing for the fund raising. From the final validation of the Client’s order, under the conditions set out in these GTC, at the address indicated by the Client when placing the order on the website www.homecap.io. The Service Provider undertakes to do its utmost to provide the Services ordered by the Client, within the framework of an obligation of means and within the deadlines specified above. If the collection does not reach the contractually required minimum for the projects, then the clients will be reimbursed within 7 days from the date of termination of the contract, excluding any compensation or deduction. In the absence of reservations or complaints expressly made by the Client upon receipt of the Services, the latter shall be deemed to comply with the order in terms of quantity and quality. The Customer may, at any time after the provision of the services, make complaints by sending us an e-mail to info@homecap.io. We will respond as soon as possible. No claim can be validly accepted if the Customer fails to comply with these formalities and deadlines. The Service Provider shall refund or rectify as soon as possible and at its own expense the Services for which the lack of conformity has been duly proven by the Client.

ARTICLE 6 – Right of withdrawal The right of withdrawal can be exercised by sending an e-mail to info@homecap.io expressing the wish to withdraw within 14 days. If the right of withdrawal is exercised within the aforementioned period, only the price of the Services ordered will be refunded. The reimbursement of the sums actually paid by the Client will be made within 14 days of the Provider’s receipt of the Client’s notification of withdrawal.

ARTICLE 7 – Liability of the Provider – Guarantees The Service Provider guarantees, in accordance with the legal provisions and without additional payment, the Client against any lack of conformity or latent defect, resulting from an administrative defect or from the execution of the ordered services under the following terms and conditions:

  • Provisions relating to legal guarantees.

Article L217-4 of the Consumer Code

“The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility. Article L217-5 of the Consumer Code “The product is in conformity with the contract: 1° If it is fit for the purpose usually expected of similar goods and, where applicable:

  • If it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;
  • If it has the qualities that a buyer may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter. Article L217-12 of the Consumer Code “The action resulting from the lack of conformity shall be barred after two years from the date of delivery of the goods. Article L217-16 of the Consumer Code. “When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer’s request for service or from the time the goods in question are made available for repair, if the goods are made available after the request for service. In order to assert its rights, the Customer shall inform the Service Provider in writing (e-mail or letter) of the existence of defects or lack of conformity. The Service Provider shall refund or rectify or have rectified (as far as possible) the services found to be incorrect as soon as possible and at the latest within seven days of the Service Provider’s finding of the defect or fault. This refund may be made by bank transfer or cheque. The Service Provider’s guarantee is limited to the reimbursement of the Services actually paid by the Client. The Service Provider shall not be held responsible or liable for any delay or non-performance resulting from the occurrence of an event of force majeure as usually recognized by French case law. The Services provided through the Homecap.io website of the Provider is in accordance with the regulations in force. The Service Provider cannot be held responsible in case of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Client, who is solely responsible for the choice of the requested Services, to check. The Services purchased on the www.homecap.io website may, in addition to the legal guarantees of conformity and hidden defects, benefit from a contractual guarantee as indicated, where applicable, in the description of a given Service, according to the following terms, conditions and rates: The client can write to us requesting the resale of the shares of companies in his portfolio.

It is applicable under the following conditions:

  • Subject to the redemption of shares held by Homecap or another customer via the platform www.homecap.io

ARTICLE 8 – Personal data

The Customer is informed that the collection of his personal data is necessary for the sale of the Services and their performance and delivery, as well as for their transmission to third parties involved in the performance of the Services. This personal data is collected solely for the performance of the service contract.

8.1 Collection of personal data

The personal data collected on the website www.homecap.io are the following:

Account opening

During the creation of the Client/user account:

Name, first name, postal address, telephone number and e-mail address.

Payment

As part of the payment of the Services offered on the www.homecap.io website, the latter records financial data relating to the Client’s/user’s bank account or credit card.

8.2 Recipients of personal data

Personal data is reserved for the sole use of the Service Provider and its employees.

The data controller is the Service Provider, within the meaning of the French Data Protection Act and, as of 25 May 2018, of Regulation 2016/679 on the protection of personal data.

8.3 limitations on processing

Unless the Customer expressly agrees, his/her personal data shall not be used for advertising or marketing purposes.

8.4 Data retention period

The Service Provider shall keep the data collected for a period of 5 years, covering the period of limitation of the applicable contractual civil liability.

8.5 Security and confidentiality

The Service Provider implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Service Provider cannot guarantee the security of the transmission or storage of information on the Internet.

8.6 Enforcement of Customer and user rights

Pursuant to the regulations applicable to personal data, Customers and users of the www.homecap.io website have the following rights:

They may update or delete the data concerning them in the following manner:

The customer may request by e-mail the deletion of his account and personal data when he no longer has active products in his portfolio. If they still have active products, then we are legally obliged to keep the customer data.

They can delete their account by writing to the email address indicated in article 9.3 “Data controller”.

They can exercise their right of access to their personal data by writing to the address indicated in article 9.3 “Data controller”.

If the personal data held by the Service Provider is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 “Data controller”.

They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 “Data controller”.

They may also request the portability of data held by the Provider to another provider.

Finally, they may object to the processing of their data by the Service Provider

These rights, as long as they do not object to the purpose of the processing, may be exercised by sending a request by mail or e-mail to the Data Controller whose contact details are indicated above.

The data controller must provide a response within a maximum of one month.

If the Customer’s request is refused, reasons must be given.

The Customer is informed that in the event of refusal, he/she may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Service Provider. The Customer may withdraw his consent at any time by contacting the Service Provider (contact details above) or by following the unsubscribe link.

ARTICLE 9 – Intellectual property

The content of the www.homecap.io website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.

ARTICLE 10 – Applicable law – Language

These GTC and the operations arising from them are governed by and subject to French law.

These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

ARTICLE 11 – Disputes

For any complaint, please contact the customer service department at the postal or e-mail address of the Service Provider indicated in ARTICLE 1 of these GTC.

The Customer is hereby informed that he/she may in any case have recourse to conventional mediation, with the existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

The Customer is also informed that he/she may also have recourse to the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising from the purchase and sale operations concluded in application of these GTC and which have not been settled amicably by the seller or by mediation, shall be submitted to the competent courts under the conditions of common law. 

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