These Terms and Conditions shall apply to all investment business undertaken by ArkImmobilier. In its dealings with Buyer from the date of Buyer’s receipt of the Terms and Conditions, subject to:
ArkImmobilier is authorised and regulated in Europe by the European System of Financial Supervision (ESFS) and is licensed and regulated by the Lyon Financial Services Commission (LFSC).
The investment services which ArkImmobilier may provide under these Terms and Conditions include:
Where ArkImmobilier deals with Buyer in relation to complex products, Buyer acknowledges that providing insufficient information may prevent ArkImmobilier from determining suitability. All investment advice is given without obligation and involves risk. The value of investments and income derived can fall as well as rise and is not guaranteed. Buyer should refer to Schedule 2 – Risk Warnings.
Where Buyer acts on behalf of a third party, ArkImmobilier will generally treat Buyer as its client. Buyer shall provide all necessary identification and information to comply with applicable law. Buyer indemnifies ArkImmobilier for liabilities arising from actions by any principal or third party.
Communications may be via email, electronic means, or in writing. Buyer is deemed to accept electronic communications unless written notice is provided otherwise.
Orders may be given orally, via email, or other agreed methods and are transmitted at Buyer’s risk. ArkImmobilier may seek clarification on unclear instructions. Buyer authorizes ArkImmobilier to act on instructions reasonably accepted as given by Buyer.
ArkImmobilier will act in Buyer’s best interests when transmitting orders, except where Buyer is an eligible counterparty.
Buyer shall pay fees, commissions, and charges as agreed. All fees are exclusive of taxes. ArkImmobilier may deduct unpaid amounts and may receive remuneration from third parties, disclosed upon request.
Client assets will be held in accordance with applicable rules. Buyer acknowledges risk from third-party defaults. ArkImmobilier may transfer client money in certain circumstances.
ArkImmobilier has arrangements to manage conflicts. Conflicts may arise from dealing for its own account, advising other clients, or receiving commissions. ArkImmobilier will manage or disclose conflicts as required.
ArkImmobilier is liable only for losses from its negligence, wilful default, or fraud. Buyer indemnifies ArkImmobilier against liabilities arising from Buyer’s acts or breaches, except for ArkImmobilier’s own negligence or fraud.
Buyer warrants full authority, legal capacity, and accuracy of information provided. Buyer must notify ArkImmobilier if representations cease to be true.
Both parties must keep confidential all information, except where disclosure is required by law, made to professional advisors, or consented to by the other party. Confidentiality survives termination.
ArkImmobilier will process personal data in compliance with GDPR. Data may be transferred outside the EEA. Buyer has rights to access, correct, or restrict processing. Details are in ArkImmobilier’s Privacy Policy.
ArkImmobilier is not liable for delays or failures caused by events beyond its control, including natural disasters, strikes, system failures, or government actions. If an event exceeds 30 days, either party may terminate the agreement.
ArkImmobilier may amend the Terms with ten (10) business days’ notice. Continued use constitutes acceptance.
Either party may terminate with ten (10) business days’ notice. Termination does not affect accrued rights or obligations. Client money and assets will be returned, subject to deductions for amounts due.
Notices must be in writing and are deemed received when delivered personally, by registered post, courier, or electronic means as specified.
These Terms are governed by the laws of France. The courts of Lyon, France, have exclusive jurisdiction.
These Terms constitute the entire agreement between ArkImmobilier and Buyer and supersede all prior agreements. Amendments must be in writing.
Buyer may not assign rights without ArkImmobilier’s consent. ArkImmobilier may assign rights to affiliates or successors.
Upon sale of an invested property, Buyer shall be compensated for unpaid expected income relating to the remaining duration of the property. All expenditure figures, yields, and return projections are illustrative and subject to market conditions, tax treatment, and management performance.