General Terms and Conditions of Vandenberg Immoconsult GmbH

1. Area of Applicability

These General Terms and Conditions shall apply to any service contracts and other contracts concluded between the Vandenberg Immoconsult GmbH (User) and consumers or entrepreneurs (Client).

A consumer in the sense of Section 13 of the German Civil Code [Bürgerliches Gesetzbuch] is any natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.

An entrepreneur in the sense of Section 14 of the German Civil Code is a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.

Towards entrepreneurs, these GTC shall also apply to any future business relationships without having to be referred to again.

Should the Client apply contrary or supplementary general terms and conditions as an entrepreneur in the sense of Section 14 of the German Civil Code, their applicability shall hereby be denied. They shall only become part of a contract if expressly agreed to writing. This shall especially apply to the confirmation by the buyer, while noting his general or purchasing terms and conditions.

The version of this GTC status shall apply at the time of contract conclusion. Deviations from these GTC shall only be effective if confirmed by the seller in writing.



2. Contract Conclusion and Termination

The online portal www.vandenberg-berlin.com provides the Client with an opportunity to inform himself about existing real estate offers of the User (e.g., by sending object exposés) and contact the User. Offers of the User shall remain non-binding. Prior sales and errors shall remain reserved.

Following registration, the Client shall receive the opportunity to conduct personalized searches for real estate objects with support from the User through the client portal. The client portal shall also allow data and searches to be saved, fee-based objects to be reserved and information to be obtained on other services of the User or third parties related to the acquisition, financing or insurance of real estate objects. For this, the User and the Client shall communicate via the "Personal Area" of the client portal which the Client may use with password protection.

Only persons who have completed their 18th year of life and are legally competent may register. When registering, the Client must state his first name, surname, email address and a password. The password must be kept secret by the Client. The Client must report any loss of data to the User without delay and change his password in such cases.

Registration by the Client shall represent the offer to use the "Personal Area" of the client portal. Acceptance shall occur by granting access to the client portal to the Client. The Client shall receive no legal claim for this against the User. After access is granted, the Client may use the "Personal Area" of the client portal free of charge for an indefinite period. The User may terminate access to the client portal with a three-month notice period. The right to extraordinary termination shall remain unaffected.

If the Client reserves objects through the client portal, the User shall act on behalf of the Client as an intermediary and shall pass reservation requests on to clients as an independent service to be compensated by the Client and shall transmit clients' reservation confirmations or rejections to the Client. Under no circumstance shall the Client be entitled to claims against the User for the reservation of objects.



3. Reservation Fee

The User shall receive a non-performance based fee of EUR 500 plus 19% VAT for his services towards the client on behalf of the Client.



4. Commission

If an offer is not marked as commission-free, a commission of 7.14% of the sales price, including VAT, shall be charged when concluding or arranging a purchase contract.

The brokerage contract with the User shall either be concluded through a written agreement or by commissioning the brokerage activities of the User on the basis of the object exposé and its terms and conditions. Should the verified object already be known by the User, the Client shall be asked to notify us of this without delay.

The commission shall become due when the contract is concluded before a notary and must be paid to the User by the Client. The client must notify the User without delay when and for which price the main contract was concluded.



5. Copyrights

The User is the owner of the contents of the online portal www.vandenberg-berlin.com and its database. Any copyrights and trademark or other property rights for the database may only be claimed by the User.



6. Guarantee

Any statements about real estate offers or other services of the User or third parties published on the client portal shall be made without guarantees and based exclusively on information received by the User from his respective clients or business partners. The User shall provide no guarantee for any of the statements being complete, accurate or up-to-date. Information provided by the User or a third party on the client portal shall not represent a binding offer for contract conclusion, but shall merely be offered for informative purposes.

The User shall not be liable for any violations by the client for any reservation confirmations that may have been granted.

The User shall provide no guarantees for technical defects, especially for the contents and availability of the database.



7. Liability

The User shall only be liable for intent or gross negligence committed by himself or a vicarious agent. However, this shall not apply to liability for injuries to life, the body or one's health or breaches of essential contractual obligations. These are obligations on whose fulfillment orderly contract implementation depends and on whose adherence the buyer may regularly rely. Except for intent, gross negligence and injuries to life, the body or one's health, liability shall be limited to damages typically foreseeable during contract conclusion.

Any responsibility by the User must be considered.

However, the above-stated liability limitations shall not apply if the User fraudulently concealed a defect or assumed a guarantee.



8. Widerrufsbelehrung für Verbraucher

If the buyer is a natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession (consumer, Section 13 of the German Civil Code), he shall be granted rights of withdrawal under Section 312g in connection with Section 355 of the German Civil Code, if the legal transaction is performed outside of the offices of the User or exclusively through distance selling.

Withdrawal Instructions

You have the right to withdraw from this contract within fourteen days without stating reasons.

For service contracts, this withdrawal period shall last fourteen days as of the date of contract conclusion.

To exercise your withdrawal rights, you must submit a clear statement (e.g., a letter sent by mail or a fax or email) about your decision to withdraw from the contract to us, the Vandenberg lmmoconsult GmbH, Kurfürstendamm 104, 10711 Berlin, Germany, Tel.: 030 - 233 203 980, Fax: 030 - 233 203 989, Email: info@ vandenberg-berlin.com.
You may download and submit the provided withdrawal form.

The withdrawal deadline shall be met if you send your statement on the exercise of your withdrawal rights prior to the expiration of the withdrawal period.

Consequences of Withdrawal

If you withdraw from this contract, we will refund any payments received from you without delay within fourteen days of the day, on which we received your contract withdrawal notification. We will use the same means of payment for the refund that you used for the original transaction, unless expressly agreed to otherwise with you. Under no circumstances will you be charged any fees for the refund.

If you expressly requested the service to begin during the withdrawal period, you must pay us an appropriate amount that corresponds to the share of the services already performed until you notified us of the exercise of your withdrawal rights in relation to the total scope of the services intended by the respective contract.



9. Consumer Information

Dispute Resolution, Art. 14(1) of Regulation (EU) No 524/2013 (“ODR Platform”)

The seller must refer to the European online platform for out-of-court resolution of disputes that may arise between the buyer and the seller, among other things, due to online purchase contracts. The European online dispute resolution platform can be found under the following link: http://ec.europa.eu/consumers/odr .

The email address of the User is: info@ vandenberg-berlin.com

b. Information for Consumers About Participation in Consumer Dispute Resolution

The User shall note his willingness to voluntarily participate in dispute resolution proceedings before a consumer arbitration center in accordance with the German Act on Alternative Dispute Resolution in Consumer Matters [Gesetz über die alternative Streitbeilegung in Verbrauchersachen].

The competent consumer arbitration center is the:

Ombudsstelle Immobilien des IVD/VPB
Grunderwerb und Verwaltung
Littenstraße 10
10179 Berlin
Fax: 030 / 27 57 26 78
E-Mail: info@ombudsmann-immobilien.net
Internet: www.ombudsmann-immobilien.net

c. Information for Consumers After a Dispute Arises

The competent consumer arbitration center is the:

Ombudsstelle Immobilien des IVD/VPB
Grunderwerb und Verwaltung
Littenstraße 10
10179 Berlin
Fax: 030 / 27 57 26 78
E-Mail: info@ombudsmann-immobilien.net
Internet: www.ombudsmann-immobilien.net

In case of legal disputes with consumers (Section 13 of the German Civil Code), the User shall hereby declare his willingness to participate in consumer arbitration proceedings in accordance with the German Act on Alternative Dispute Resolution in Consumer Matters.



10. Liability Exclusion for External Links

The User shall assume no liability for the contents of external links. The operators of the linked pages shall be exclusively responsible for their contents. Furthermore, we shall exclude any liability for links to our website. The User shall not be liable for indirect or direct damages resulting from the use of this website or reliance on the information it offers.



11. Applicable Law and Place of Jurisdiction

The law of the Federal Republic of Germany under exclusion of the UN sales convention shall apply to any legal relationship between the Parties.

Should the Client act as an entrepreneur with a registered office, within the sovereign territory of the Federal Republic of Germany, the exclusive place of jurisdiction for any disputes arising from the contract shall be the registered office of the User (Berlin).

The same regulations shall apply to consumers.



12. Other

Should one of the above-stated regulations prove to be invalid, the validity of the remaining regulations shall remain unaffected. The invalid regulation shall be replaced by a regulation that most closely approximates the intended aims of the invalid regulation.



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